09-28-98 CCCITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
DEPARTMENT MEETING DATE
Council Items
September 28, 1998
ITEM NUMBER:
ITEM DESCRIPTION: PREPARED BY:
4.1.
4.2.
Treatment Plant Construction Mike Robertson
Experimental Septic Systems City Administrator
4.1. Wastewater Treatment Plant Bidding & Construction. Engineer Ted Field of
Bonestroo, Rosene, Anderlik & Associates will be present to update Council on the permit
process the MPCA follows, and discuss possible bidding and construction schedules for the
Wastewater Treatment plant.
4.2. Experimental Septic Systems. Attached is Building Inspector Jerry Olson's memo
regarding information he gathered about how other communities deal with experimental septic
systems.
STAFF RECOMMENDATION
Ted Field is present for an update and to answer any questions Council has about the process. No
immediate decision is needed.
Jerry has several current applications for experimental septic systems and would like direction
from the Council on how to proceed with them.
CITY OF OTSEGO
OFFICE MEMORANDUM
September 22, 1998
ate:
Mike Robertson
To:
Jerry Olson
From:
Subject: Experimental Septic Systems
I called Bill Stevens of Wright County to get information on how applications for
experimental septic systems are processed by the county.
Mr. Stevens stated that experimental systems are handled no differently than any other
systems with the exception that the home owner is made aware that the system requires
close monitoring and more frequent pumping.
The home owner is made aware of the experimental status of the system at the time of
installation.
Any future buyer would be made aware of the experimental status of the system under the
Wright County Point of Sale Ordinance.
These systems are permitted by the State, when, for reasons due to lot size or topography
a standard system could not be installed.
The State Code says yearly monitoring is required either by the city or an independent
contractor.
I also talked to Mr. Joe St. Dennis, the Sherburne County Septic Inspector. He stated that
the County calls such system a "Managed System" and only requires that a monitoring
plan be presented at the time a permit is applied for. Such plan to clearly state that in the
event of failure, a holding tank may be the only option.
JO/co
CO: B(DGL R.%?S
RESOLUTION NO. 98-23
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION DESCRIBING THE USE OF FUNDS FROM THE
1998 SEWER & WATER BOND, ESTABLISHING RESERVES,
AND THE POLICIES GOVERNING THEM
WHEREAS, the City of Otsego bonded for $4,500,000,
in July, 1998 with the purpose of using those funds
to improve the health, safety, and welfare of the
community by constructing a water system and
sanitary sewer system, and;
WHEREAS, the City of Otsego General Fund has
previously incurred costs of $71,020.93 as of
01/01/98 in planning, engineering, land
acquisition, and legal expenses related to
establishing the sanitary sewer and water systems,
which will be re-imbursed by proceeds from this
bond, and;
WHEREAS, the City of Otsego General Fund has
previously incurred costs of $84,408 as of 01/01/98
with regard to the establishment of Well #1 which
will be re-imbursed by proceeds from this bond.
All future debt service payments for Well #1 will
be paid for from these bond proceeds, and;
WHEREAS, the City of Otsego has determined that the
following policies shall govern the use of bond
funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF OTSEGO, MINNESOTA:
1. That the account for paying the debt service on
these bonds shall be known as the 1998 Sewer &
Water Bond Fund.
2. That all revenues received from trunk sanitary
sewer & water access charges shall be deposited in
the 1998 Sewer & Water Bond Fund and be used to pay
the yearly debt service.
3. That the money re-imbursed to the General Fund
to pay expenses occurred prior to 01/01/98 shall be
set aside in an account known as the Sewer & Water
Reserve Account. Said account shall be a back up
source of financing in the event that there are not
enough funds in the 1998 Sewer & Water Bond Fund to
pay the yearly debt service on the bonds.
4. That those costs incurred after 01/01/98 in
planning, engineering, land acquisition, and legal
expenses that are related to establishing the
sanitary sewer and water systems will be re-
imbursed to the General Fund by proceeds from this
bond.
Dated this 28th day of September, 1998
CITY OF OTSEGO
Larry Fournier, Mayor
ATTEST:
Elaine Beatty, City Clerk
INC
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
NORTHWEST ASSOCIATED C
COMMUNITY PLANNING - DESIGN - MA
Otsego Mayor and City Council
Daniel Licht
21 September 1998
Otsego - Lindenfelser Accessory Building CUP
176.02 - 98.13
Sc� 2 2 1998
-.ri:slt_LTT-A-X J.
�KE I• --'FTI-
The Planning Commission considered the above referenced application at a public hearing
on 16 September 1998.
The applicant indicated that the builders he has spoken with have said that the proposed
accessory building would be within the height limitations of the A-1 District. This was an
issue that was noted in the Planning Report to be verified by the City Building Official.
There was no public comment.
The Planning Commission voted unanimously to recommend the City Council approve the
requested CUP subject to the conditions outlined in the Planning Report. Findings of fact
reflecting the Planning Commission's recommendation have been attached fro
consideration by the City Council at their meeting scheduled for 28 September 1998.
If there are any questions regarding this application, please do not hesitate to contact our
office.
pc. Mike Robertson
Elaine Beatty
Andy MacArthur
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6
PHONE 61 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC@ WINTERNET.COM
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
IN RE:
Conditional Use Permit
Approval
FINDINGS OF FACT
AND DECISION:
Application of LeRoy I. Lindenfellser to allow more than one detached accessory structure
on a single family lot, accessory building size greater than 1,500 square feet on a single
family lot, total accessory area greater than 2,000 square feet on a single family lot and
pole building construction within the A-1 District at his property located at 9896 85th
Avenue NE.
The Otsego City Council met at its regularly scheduled meeting on 28 September 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
The applicants are requesting approval of a conditional use permit to allow.
A. More than one detached accessory structure on a single family lot.
B. Accessory building size greater than 1,500 square feet on a single family lot.
C. Total accessory area greater than 2,000 square feet on a single family lot.
D. Accessory pole building construction within the A-1 District.
2. The legal description of the subject property is as follows:
SEE ATTACHED EXHIBIT A
3. The subject property lies within rural service area as identified in the 1991
Comprehensive Plan, as amended.
4. The subject property is zoned A-1, Agriculture- Rural Service District.
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: The 1991 Comprehensive Plan suggests continued agricultural use
and character of the area where the property is located. The proposed
building is characteristic of agricultural areas and is therefore consistent with
the Comprehensive Plan. The City has approved past applications for similar
structures accessory to residential uses based upon location in the rural
service area and A-1 District Zoning.
B. The proposed use's compatibility with present and future land uses of the
area.
Finding: The proposed conditional use is characteristic of accessory
buildings common in the rural service area and is therefore anticipated to be
compatible with present and future land uses.
C. The proposed use's conformity with all performance standards contained in
the Zoning Ordinance (i.e., parking, loading, noise, etc.).
Finding: The proposed use will be constructed withing all applicable
performance standard as a condition of approval.
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 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.
2
Finding: The proposed conditional use is not anticipated to have a negative
impact to the City's service capacity.
6. The planning report dated 4 September 1998, prepared by Northwest Associated
Consultants, Inc. is incorporated herein.
7. The Otsego Planning Commission conducted a public hearing, at their regular
meeting on 16 September 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 more than one detached accessory structure on a
single family lot, accessory building size greater than 1,500 square feet on a single family
lot, total accessory area greater than 2,000 square feet on a single family lot and pole
building construction within the A-1 District is approved subject to the following conditions:
The building is constructed in substantial conformance with the following
plans on file with the City of Otsego, except as modified herein:
Site Plan
2. No commercial or home occupation activities, except as expressly permitted
by and in accordance with the Zoning Ordinance, are conducted on the
property, including storage of materials and equipment that are unrelated to
the on-site residential use and activity.
3. The height of the proposed structure not exceed 45 feet and is equal to or
less than the height of the principal structure, subject to review and approval
of the City Building Official.
4. All grading drainage and utility easement issues should be subject to review
and approval of the City Engineer.
3
ADOPTED by the Otsego City Council this 28th day of September 1998.
CITY OF OTSEGO
0
ATTEST:
Larry Fournier, Mayor
By:
Elaine Beatty, City Clerk/Zoning Administrator
0
Attach Legal Description Here
EXHIBIT A
Nw^INC
f
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
2 2 1998
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN -
Otsego Mayor and City Council
Daniel Licht
21 September 1998
Otsego - DeMars Accessory Building CUP
176.02 - 98.14
MARKET RESEARCH
`- - --- - - ---
The Planning Commission considered the above referenced application at a public hearing
on 16 September 1998. The Planning Commission focused on two issues with regard to
this application.
First, the applicant does some private landscaping service for a housing complex outside
of Otsego. Under the Zoning Ordinance definition, this is technically considered a home
extended business. However, after extensive discussion with the applicant and review of
the Zoning Ordinance, the Planning Commission determined that the size, type and
quantity of equipment the applicant utilizes both on and off site is typical if that for a large
lot residential property. Therefore, use should not be interpreted as a home extended
business. Further, the Planning Commission determined that the proposed accessory
building was in fact for storage associated with the principal residential use of the property.
The second concern of the Planning Commission was the total number of detached
accessory buildings on the subject site. There are currently two such structures. Past
CUP approvals have established that two detached accessory structures may be
appropriate for large lot residential properties in the rural service area. The Planning
Commission was concerned however, that three detached accessory structures is too
many and would be inconsistent with past approvals. As such, the Planning Commission
recommended that the applicant "attach" the existing structure closest to the dwelling with
a covered passageway or deck structure.
The Planning Commission voted unanimously to recommend approval of the requested
CUP, subject to the conditions outlined in attached findings of fact. This matter will be
considered by the City Council at their meeting scheduled for 28 September 1998.
PC. Mike Robertson
Elaine Beatty
Andy MacArthur
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416
PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC@WINTERNET.COM
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
IN RE:
Conditional Use Permit
Approval
FINDINGS OF FACT
AND DECISION:
Application of John and Barbara DeMars to allow more than one detached accessory
structure on a single family lot, total accessory area greater than 2,000 square feet on a
single family lot and pole building construction within the A-1 District at their property
located at 8790 Mason Avenue NE.
The Otsego City Council met at its regularly scheduled meeting on 28 September 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
The applicants are requesting approval of a conditional use permit to allow.
A. More than one detached accessory structure on a single family lot.
B. Total accessory area greater than 2,000 square feet on a single family lot.
C. Accessory pole building construction within the A-1 District.
2. The legal description of the subject property is as follows:
SEE ATTACHED EXHIBIT A
3. The subject property lies within rural service area as identified in the 1991
Comprehensive Plan, as amended.
4. The subject property is zoned A-1, Agriculture- Rural Service District.
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: The 1991 Comprehensive Plan suggests continued agricultural use
and character of the area where the property is located. The proposed
building is characteristic of agricultural areas and is therefore consistent with
the Comprehensive Plan. The City has approved past applications for similar
structures accessory to residential uses based upon location in the rural
service area and A-1 District Zoning.
B. The proposed use's compatibility with present and future land uses of the
area.
Finding: The proposed conditional use is for storage of goods or equipment
that are typical of the size, type and quantity used for a large -lot residential
use. The characteristics of the proposed accessory building is common in
the rural service area and is therefore anticipated to be compatible with
present and future land uses.
C. The proposed use's conformity with all performance standards contained in
the Zoning Ordinance (i.e., parking, loading, noise, etc.).
Finding: The proposed use will be constructed withing all applicable
performance standard as a condition of approval.
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 applicable performance standards are satisfied and the
use will be limited to residential accessory storage only.
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.
2
Finding: The proposed conditional use is not anticipated to have a negative
impact to the City's service capacity.
6. The planning report dated 9 September 1998, prepared by Northwest Associated
Consultants, Inc. is incorporated herein.
7. The Otsego Planning Commission conducted a public hearing, at their regular
meeting on 16 September 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 more than one detached accessory structure on a
single family lot, total accessory area greater than 2,000 square feet on a single family lot
and pole building construction within the A-1 District is approved subject to the following
conditions:
1. The existing detached accessory structure closest to the single family
dwelling be attached to the principal structure with a covered passageway
or deck structure..
2. The building is constructed in substantial conformance with the following
plans on file with the City of Otsego, except as modified herein:
Site Plan (see Exhibit B)
3. The applicant apply for and receive approval of an administrative permit for
an accessory building between 1,000 square feet and 1,500 square feet,
subject to review and approval of the Zoning Administrator.
4. No commercial or home occupation activities, except as expressly permitted
by and in accordance with the Zoning Ordinance, are conducted on the
property. This restriction shall include the storage of materials and
equipment which are unrelated to the on-site residential use and activity.
5. The height of the proposed structure is equal to or less than that of the
principal structure, subject to review and approval of the City Building
Official.
3
6. The proposed structure conform to all applicable setback requirements.
7. All grading drainage and utility easement issues should be subject to review
and approval of the City Engineer.
8. Comments of other City Staff.
ADOPTED by the Otsego City Council this 28th day of September 1998.
ATTEST:
By:
CITY OF OTSEGO
la
Larry Fournier, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
4
Attach Legal Description Here
EXHIBIT A
INC
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
NORTHWEST ASSOCIATED CON,SULTAI��s'_�98
COMMUNITY PLANNING - DESIGN
(P, 3
Otsego Mayor and City Council
Daniel Licht
21 September 1998
MARKET RESEARCH_.
Otsego -Wild and Scenic Management Plan Update
176.08 - 98.02
Earlier this year, the DNR initiated an update of the Mississippi Wild and Scenic River
Management Plan. The process for the plan update has followed a two track approach.
The DNR has held a number of "River Forums" in various locations along the river as an
open house style visioning/issue identification process where all interested parties could
attend and participate. One such River Forum was held earlier this year at Riverwood
Conference Center.
The other track has been a technical committee made up of professional staff from
communities along the river as well as other interested government jurisdictions including
MNDoT, DNR and St. Cloud APO. Elaine Beatty and our office have represented Otsego
at these meetings and made presentations regarding issues that the City has with the
current management plan, based upon the 1991 Wild and Scenic Study and the then draft
Comprehensive Plan Update.
At the last Technical Committee meeting, the process of preparing the draft management
plan was discussed. DNR staff is suggesting that the draft plan will be developed within
the River Forums. This approach was used by the DNR in updating the management plan
for the St. Croix River. The basic concept is that all interested parties negotiate elements
of the plan based upon the issues important to them. Technical advisors would be brought
in on an as needed basis depending on the issues to be discussed at each River Forum.
Provisions would be ultimately included in a draft plan by consent of those at the River
Forum meeting. The end product is anticipated to be a number of management scenarios
ranging from absolute environmental protection to more liberal development standards.
The final management plan would be anticipated to be either one of these scenarios or a
combination thereof.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416
PHONE 61 2-595-9636 FAX 61 2-595-9837 E-MAIL NACC WINTERNET.COM
Any party with an interest in the plan, including the City of Otsego or Otsego residents and
land owners, must attend the River Forum meetings to express their input and participate
in drafting the management of the Mississippi River. It is critical therefore, that the City be
represented at these meetings. In that the issues being decided at the future River Forum
meetings are policy matters, it is our recommendation that a sub -committee of City Officials
be designated to attend on behalf of the City of Otsego. Representation by the Planning
Commission for this sub -committee may also be appropriate as this is a land use issue.
DNR Staff anticipates completing the draft plan by next spring. The draft plan would then
be distributed to all interested parties, including the City of Otsego, for review and
comment. The opportunity to comment on the draft plan is a second chance for the City
to participate in the preparation of the management plan update.
Staff from our office will be available at the City Council meeting on 28 September 1998
to discuss this matter further. If there are any questions in advance of this meeting, please
do not hesitate to contact our office.
pc. Mike Robertson
Elaine Beatty
Alan Robbins -Fenger, DNR
2
CITY OF OTSEGO PLANNING COMMISSION MEETING
MINUTES
SEPTEMBER 16, 1998 - SPM
1. Chair Carl Swenson will call meeting to order*
Chair Swenson called the Planning Commission meeting to order at 8PM.
ROLL CALL_
Carl Swenson, Chair; Commissioners; Arleen Nagel, Richard Nichols, Bruce Rask and
Eugene Goenner were present. Commissioners; Jim Kolles and Ing Roskaft had excused
absences, Christian Mbanefo, Alternate, was also absent.
CM Vern Heidner, Planning Commission representative, Dan Licht, Assistant City Planner
and Elaine Beatty, City Clerk/Zoning Administrator were also present.
2. Consideration of the Planning Commission Minutes of•
A. Planning Commission Meeting of September 2,1998.
These minutes had been approved at the September 9, 1998 Special Planning Commission
Meeting and changes have been made.
Elaine Beatty noted that the proper publishing, posting and mailings had been completed
for this application.
Dan Licht explained NAC's Planning Report dated September 4, 1998. He read the CUP
criteria on Page #3 of the report numbers one thru five. The building material is pole
building construction with white metal siding and black trim. Setbacks, height, grading
and drainage and utilities were reviewed. The City Engineer's letter states that he had no
issues with this application. NAC recommends that the Planning Commission approve the
Conditional Use Permit subject to the conditions on Page #2, of NAC's report, Numbers
one thru five, which Dan Licht read.
THE APPL.IC'ANT SPOKF-
LeRoy Lindenfelser commented that the height maximum is equal to the peak of the
existing home. (Explained the 5' incline on the property.)
CITY OF OTSEGO PLANNING COMMISSION MEETING OF SEPTEMBER 16,
1998 AT 8PM PAGE 2
THE HEARING', WAS OPEN TO THE PUBLIC*
No one spoke.
Application issue was brought back to the Planning Commission for discussion.
The Planning Commission had no discussion.
Chair Swenson dispensed with going back to the Public, because of lack of public input.
BRUCE RASK MOTIONED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW
THE FOLLOWING; A. MORE THAN ONE DETACHED ACCESSORY BUILDING ON A
SINGLE FAMILY LOT, B) ACCESSORY BUILDING SIZE GREATER THAN 1,500 SQ FT ON
A SINGLE FAMILY LOT, C) TOTAL ACCESSORY AREA GREATER THAN 2,000 SQ FT ON
A SINGLE FAMILY LOT, D) POLE BUILDING CONSTRUCTION WITHIN THE A-1
(GENERAL AGRICULTURAL DISTRICT), SUBJECT TO THE FIVE (5) CONDITIONS OF
NAC'S REPORT DATED SEPTEMBER 4, 1998. ARLEEN NAGEL SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
This will be on the September 28, 1998, City Council Meeting at 6:30 PM
4. PUBLIC HEA TNG initiated by applicant/owner John J. and Barbara Sue
DeMars, 8790 Mason Ave.NE, Otsego, MN 55330 PID #118-500-191206, in Sec 19,
Twp. 121, Range 23. Legal description is available at City Hall The proper is
approximately 5 acres, A-1 Zoned, located E of Mason Ave and N of 87TH ST NE,
61i, of Otsego, Wright Co Mn Request is as follows•
1. A Conditional Use Permit n allow the following•
A. More than one detached accessory building on a single
lot
B. Accessory building size greater than 1,500 sq ft on a
single family lot
C. Total accessory area greater than 2,000 sq ft on a single
family lot
D. Pole building constniction within the A-1 (General
Agricultural District)
Elaine Beatty noted that the proper posting, publications and mailings had been completed
on this application.
Dan Licht explained NAC's Report of September 9, 1998. This is approximately a 3.73
acre site Zoned A-1 (Agricultural, Rural Service Area). A 30' x 40' foot, 1,200 sq. ft. new
building is being requested. The applicant has two existing detached buildings 864 sq. ft.
and 936 sq. ft. for a total of 1,800 sq. ft. for 3,000 sq. ft. total accessory space being asked
for. Dan Licht stated that the landscaping home extended business was there before the
current Zoning Ordinance was adopted. Mr. Licht explained the home extended business
and read the criteria for the CUP on Pg. #4, one thru five of NAC's Report. The property
is single family use. The Planning Commission can consider a Home Extended Business
Permit or a relocation of this business to an I-1 district (lower standard district). Dan Licht
asked the Planning Commission to consider the number of accessory buildings.
CITY OF OTSEGO PLANNING COMMISSION MEETING OF SEPTEMBER 16,
1998 AT 8PM PAGE 3
Dan also explained the materials being used, setbacks, height, grading, drainage and
utilities. The new building will be a brown roof with tan walls and will match the existing
home. The Engineer stated in a letter dated September 11, 1998, that there are no
engineering issues on this property.
Mr. Licht stated that the Planning Commission may consider the building inappropriate
with the home extended business, which may not have been approved. If the Planning
Commission feels it is appropriate, the home extended business needs to be added. The
Planning Commission can table this application to allow the applicant to provide
information and the applicant can apply for an interim uselhome extended business permit.
Dan Licht read the conditions on Page 2, and 3, Numbers one thru nine.
APPLICANT SPOKE
John DeMars, applicant, stated that he had 4.74 acres not 3.74 acres. He is a caretaker at
Maple Grove, but has no big equipment. He has no attached garage and his daughter will
be driving soon. More storage space is needed.
HEARING OPENED TO THE PTTBT TC'•
Ed Specht He moved in 1992 and chose Mason avenue because of
8748 Mason Ave NE the rural area and nice homes clustered. John's land has a
baseball field. He has the best maintained yard and home
in the neighborhood. He would like to see this application
approved.
Back to the Planning Commission for Discussion
Vern Heidner stated that he didn't believe the applicant to have a home extended business.
Dan Licht stated that on the application a statement was made that the accessory building
was for maintenance and landscape business equipment.
Richard Nichols was confused if it was a home extended business or equipment that was
taken by one person to another site. Is the description the applicant gave a home extended
business? Dan Licht stated he gets compensation for it.
John DeMars stated that he has a rider, two push mowers and he has worked at Fish Lake
Woods since 1979 as a caretaker.
Bruce Rask asked if there were any other employees? No, just his brother Joe
occasionally. Mr. Rask did not feel this application was any different then the previous
one on the agenda tonight.
Dan Licht explained that the home extended business is all on the farmstead and within the
attached garage.
Richard Nichols - Would we put Mr. DeMars out of business by incorporating this in the
Ordinance? Dan Licht sated he is required to get an interim use permit, and read the
criteria for home extended business permit.
Mr. Nichols stated that he visited this property tonight and it is a nice property, well taken
care of.
CITY OF OTSEGO PLANNING COMMISSION MEETING OF SEPTEMBER 16,
1998 AT 8PM PAGE 4
Chair Swenson felt it was different if he is doing caretaker work and he is using this
equipment also at his home. There was discussion of the three detached buildings and
how one could be attached to the home with a deck or breezeway.
Mr. Licht stated if the Planning Commission approves the use, they need to make a finding
that what the applicant is doing is not a home extended business.
Mr. Rask - I am not sure this is a home extended business. I feel it does not apply.
Mr. DeMars stated that he has a rider and two push mowers and a leaf blower on a trailer.
His brother Joe works approximately one day a week.
Chair Swenson stated that the three detached accessory buildings are excessive.
Mr. DeMars stated that he was thinking of adding it to one of the existing buildings, but it
is very costly. He collects classic cars and part of the building would be for that storage.
Mr. Nichols - The deck could be brought around and attached to the building, then he
would have two detached buildings.
RICHARD NICHOLS MOTIONED TO TABLE THIS REQUEST FOR CUP TO ALLOW THE
APPLICANT TIME TO APPLY FOR AN INTERIM USE PERMIT. ARLEEN NAGEL
SECONDED THE MOTION. MOTION CARRIED THREE TO TWO (3 TO 2).
WITH BRUCE RASK AND GENE GOENNER VOTING AGAINST.
Mr. Rask felt that it had not been demonstrated that this is a home extended business.
John DeMars agreed. Mr. Goenner felt it would be holding Mr. DeMars up if tabled.
Arleen Nagel asked if people that plow snow are considered as having a home extended
businesses. Answered No. Mr. Rask felt this did not fit under the ordinance. There would
be no increased traffic, no extra parking, nobody coming to his home.
More discussion
Dan Licht. - One qualification is storage.
Chair Swenson - This equipment is used for business and home.
Mr. DeMars stated that he is not a landscaper.
Mr. Licht asked Mr. DeMars if the lawnmower is the standard lawn size. Answered Yes.
Mr. Licht stated that the Planning Commission can determine this is not to be a home
extended business because of the equipment stored is used for the home.
RICHARD NICHOLS MOTIONED TO RECONSIDER HIS MOTION. ARLEEN NAGEL
SECONDED. MOTION CARRIED UNANIMOUSLY.
MOTION WAS REMOVED FROM THE TABLE.
Mr. Licht noted that the Planning Commission should include that the type, size and
quantity of the equipment is used for a large lot residential use.
Mr. Nichols -Regarding the three detached buildings, could one condition be that the
garage nearest the home be attached.
Mr. Swenson felt that three detached buildings was too many. If one is attached to the
home, then it would only be two detached accessory buildings.
CITY OF OTSEGO PLANNING COMMISSION MEETING OF SEPTEMBER
16, 1998 AT 8PM PAGE 5
RICHARD NICHOLS MOTIONED TO RECOMMEND APPROVAL OF THE REQUEST FOR
THE CONDITIONAL USE PERMIT TO ALLOW A) MORE THAN ONE DETACHED
ACCESSORY BUILDING ON A SINGLE FAMILY LOT. B) ACCESSORY BUILDING SIZE
GREATER THAN 1,500 SQ FT ON A SINGLE FAMILY LOT. C) TOTAL ACCESSORY AREA
GREATER THAN 2,000 SQ FT ON A SINGLE FAMILY LOT. D) POLE BUILDING
CONSTRUCTION WITHIN THE A-1 (GENERAL AGRICULTURAL DISTRICT) AND THIS BE
ALLOWED CONTINGENT THAT ITEM #1 BE DELETED FROM THE STAFF REPORT AND
SUBSTITUTE #1 LANGUAGE "THF, GARAGE. BEHIND THE HOUSE BE ATTACHED TO
THE HOME". WITH THE UNDERSTANDING THAT THE P.C. DOES NOT CONSIDER THIS
PROPERTY TO BE THE SITE OF A HOME EXTENDED BUSINESS (AS PER #4) AND
REMOVE NO.7 OF NAC'S CONDITIONS. EUGENE GOENNER SECONDED THE MOTION.
MOTION WAS APPROVED UNANIMOUSLY.
This item will be on the September 28, 1998 6:30PM Council Agenda.
5. Any other P.C. Bmsiness
CM Heidner asked that the Planning Commission, as it looks at other ordinances, to keep
in mind the Home Extended Business/Home Occupation Ordinance needs some changes
and more definitions. The City Council approved the Comprehensive Plan. Also the City
accepted bids for the water tower, which all came in came in under estimate.
Mr. Goenner asked about the variances on Thein Well Industrial Site. Mr. Heidner noted
that this applicant withdrew the request. The City Council took no action on this.
6_Acljourn by 1OPM
BRUCE RASK MOTIONED TO ADJOURN THE MEETING. RICHARD NICHOLS
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED
AT 9:25PM.
Jim Kolles, Secretary
Minutes by: Elaine Beatty, City Clerk/Zoning Administrator
eb
FILE: 98PCMiN. W PS
Hakanson
Anderson
Assoc., Inc.
'& Municipal Engineering
A Surveying
September 23, 1998
Honorable Mayor and City Council
City of Otsego
8899 Nashua Avenue N.E.
Otsego, MN 55330
RE: Construction of Well #2: Bids
Dear Mayor and Council,
3601 Thurston Avenue
Suite 101
Anoka, Minnesota 55303
612/427-5860
612/427-0520 Fax
At 11:00 a.m. on September 22, 1998, the City Administrator and myself received bids for the
above-mentioned project at the City Hall.
There were four bidders, and below they are listed in rank of lowest bid first:
Mark J. Traut Wells, Inc.
$53,290.00
Hydro Engineering, Inc.
$55,870.50
Berg erson-Caswell, Inc.
$59,320.00
E.H. Renner & Sons
$65,830.00
The engineer's estimate in February of 1998 was $78,650.00.
The lowest bidder constructed Well #1 and completed the work satisfactorily. We therefore
recommend award of the contract for Well #2 to the lowest responsible bidder, Mark J. Traut
Wells, Inc., in the amount of $53,290.00.
Before the project can start we will need to acquire the necessary permits from the Minnesota
Health Department and the Department of Natural Resources.
The location of the well will be repositioned from the exhibits shown in the bidding documents
to avoid the tree crowns of the big oak trees. We will move it approximately 40 — 50 feet to
the southeast of the present site.
I will be available to discuss the bids with you on September 28, 1998.
Yours tr
HAKxAVSQ,N ANDE N SSOCIATES, INC.
Lawr r . Ko ak, PE
cik
Attachment: Bid Tabulation
cc: Mike Robertson, Administrator
Elaine Beatty, Clerk
Andy MacArthur, Attorney
Mark J. Traut Wells, Inc.
C:\Share\WPmuni\AOTSEGO\506\ot506cc2.doc
BID . JLATION
MUNICIPAL WELL #2 CONSTRUCTION
CITY OF OTSEGO, MINNESOTA
Tuesday, September 22, 1998 11:00 a.m.
Bid Schedule "A" - COMMUNITY P UBLIC WATER SUPPLY FOR THE CITY OF OTSEGO
Mark JTraut Iffells Inc Hydro Engineering, Inc.
CeNmatorl 1 Init Unit
B erg ers o n -Gas well. Inc.
Unit
E H Renner
Unit
OOO.00
8 Sons
Price
Extension
LS
$8,000.60
Extension
17.250.00
Item
Description
Quantity
Price
Extension
_Price
Extension
Price
Extension
$1000 `
_
$8,
1
MobllizatioNDemoblllzation
1
LS
$5,000.00
LS
$5,000 00
$2,500.00
- - - --.. _
LS
..._-
$2,500.00
......_ - - . _....-
$10.00
- - -- -
LS
_
...
2
.......-- _ _ _
DrilUDrive 24" Casi -
_ _
115
_
LF
___
$120.00
LF
$13,800.00
$99.50
LF
$11,442 50
$150 00
LF
$17,250.00
00
$150.00 LF
$50.00 LF
$
�-
3
„
Drill 23 Open Hole
.. ... ... _ .. ..
- - - --� �
6.0
� _ 8
LF
CY
$85.00
$130.00
LF
CY
_$5 100.00
$1,040.00
$48.00
$132.50
LF
CY
$2,880.00
$1,060.00
$90.00
$125.00
LF
CY
$5 400
$1,000 00
._.. _
$10 00 CY
-
4
i 5
FilUBail Open Hole
Set 18" Casing
120
FT
- $40.00
FT
$4,8_00.00
---$1,950.00
$40.00
FT
$4,800.00
-$2,178.00
- _ $50 00
FT
$6.000.00 ^
-$50..O FT
CY
6
i
._
Install Grout-
---------
6
2
CY
LB
$325.00
$50.00
CY
LB_
$363.00
$275.00
CY
LB_
$260.00
CY
LB_
$1,560.00
$250.00
.....__$25.00 LB
_
_..
7
Blast
_._._
........
_ .__._.$100.00
..
..
___.....__$550.00
- ---$50:00
._.._--...._$100.00 .__
8
F.I.R. Development Equipment_-
_....�_
1
LS
$4,000.00
LS
$4,000.00
$3 000.00
LS
$3,000.00
$2,500.00
LS
$2,500_00
$2,500_00 1.
$165.00
HR
$13,200.00
. $145.00
HR
9
.. _.._ _. _ -_
Develop WelUSandstoneRemoval
80
HR
$10000
HR
$8,000:00
_.. ....0:00
$200.00 HIR
$1,500.00ILS
$
i 10
11
12
.
F.I.R. Test Pum E-gui ment
Test Pump Well
Disinfect Well
1
60
1
LS
HR
LS
$2,500.00
$55.00
$150.00
LS
HR_
LS
_$2,500.00
$3,300 00
$150.00
$5,810.00
$95.00
$470.00
$475.00
LS
HR
LS
LS
$5,810.00
$5,700.00
$470.00
$475.00
$2,500.00
$115 00
$500.00
$1,250 00
LS
HR ____.
LS
LS
$2,500.00
$6 900.00
_ $50000
$1.250.00 .............. .__
_
$100.00 HR
$200.00 LS_
_
_
_
_
---�--`-
1
LS
$800.00
LS
$800.00
14
15
Video Record Well _
Water Anal sis Report/Permit/Submittals-
1
1
LS
LS
$8_00.00
$450.00
LS
LS_
$800.00
$450.00
$555.00
$750.00
LS
LS
$555.00
_$750.00
$1,250.00
$1 000 00
LS
LS
$1,250.00
$1,000.00 _-
$1,200.00 LS
_ $700 00 LS
__ ..
Y....
1
LS
_
$1,500.00
LS
_
$1,500.00
$500.00
LS
500.00
$500.00
LS
$500.00 -
$900.00 LS
`-
16
Site Restoration
-
-
Total Bid Schedule "A"
TOTAL BID:
$53,290.00
$55,870.50
$59,320.00 `
$53,290.00 $55,870.50 $59,320.00
' indicates corrected entry
$6,000.00
$1,500.00
$50.00
$2.500-00
16,000.00
$1,500.00
$6,000.00
$950.00
$1,20(.00
$700-00
$900.00
$65,830.00
$65.830.00
FILE: Share\ExceI\\St. MtchaeW1506bUds Pape t 9/23/98
SHEET: BID TAB
Hakanson
Anderson
1 Assoc., Inc.
•il & Municipal Engineering
I Surveying
MEMORANDUM
TO:
Otsego City Council
FROM:
Lawrence G. Koshak, PE, City Engineer
CC:
Mike Robertson, Administrator
Elaine Beatty, Clerk
RE:
Update on Odean Avenue Project
DATE:
September 23, 1998
3601 Thurston Avenue
Suite 101
Anoka, Minnesota 55303
612/427-5860
612/427-0520 Fax
We have completed the plans for Odean Avenue (CSAH 39 — CSAH 37) to about the
90% level. Generally, the easements and right-of-way have been determined. Storm
sewer and ponding issues have been addressed, assuming satisfactory closure of the
Wilson property acquisition. Soil borings were completed last spring and a report
prepared for use in our design.
Our next steps in this process have to do with Federal requirements. The ISTEA
projects are controlled by Mn/DOT. This project will be advertised and bid by Mn/DOT,
much like the Bike Path.
Since actual monies from the Grant will not be available to Otsego until October 1999, a
1999 schedule for construction would not be possible. However, Mn/DOT will allow the
City to move forward with the project earlier assuming all of the procedures are followed
and approval received. The City would need to "front" the monies until October 1999
when Federal dollars will be available. The City can draw MSA funds which are
normally available for 20% of the construction and for all of the engineering and right-of-
way and easement acquisition costs.
The State Aid District Engineer has verified to the above process for an early start. If
some Cities and/or Counties drop projects equal to Otsego grants in the 1999 funding
year, then construction funds would be available sooner. This scenario will probably not
happen since the amount required for this project is among the maximum project
amounts. It would take two or three projects to drop out.
The proposed schedule for early start is as follows:
• Submit Project Path Report
10/5/98
• Categorical Exclusion Concurrence by FHWA No Date Projected
• Hold Public Hearing by Mn/DOT at City Hall for Project
(Feasibility Study can be presented at that time should
assessment be anticipated for street) 11/16/98
• Submit Design Study Report to State Aid 12/7/98
C:\Share\WPmuni\AOTSEGO\334\ot334ccl.doc
Memo to Otsego City Council
Page 2
September 23, 1998
• Complete Plans and submit to State Aid for approval 1/99
• Begin procedures for right-of-way and easement acquisition 1/99
• Assume Plan Approval by Mn/DOT 2/99
• Bid Opening by Mn/DOT 4/99
• Contract Award 5/99
• Project Substantial Completion 10/99
The other scenario is to hold off on the bidding until after Federal funds are available
and bid in early 2000 and complete the project in the year.
I will be available to discuss this matter or answer any questions at the council meeting.
C:\Share\WPmunAAOTSEGO\334\ot334ccl.doc
Hakanson
Anderson
Assoc., Inc.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
DEPARTMENT
MEETING DATE
Council Items
City Engineer
September 28, 1998
ITEM NUMBER:
ITEM DESCRIPTION:
PREPARED BY:
7.2.
7.3.
Odean Ave Improvement
83rd Street Culvert Repair
Mike Robertson
City Administrator
7.2. Odean Avenue Improvement Project. City Engineer Larry Koshak will update the
Council on the status of the Odean Avenue Improvement Project.
7.3. 83rd Street Culvert Repair. This item is on the agenda because the Public Works Sub -
Committee discussed doing this improvement this fall.
STAFF RECOMMENDATION
Odean Avenue is just an update of information. The culvert repair would have to be ordered by
Council to proceed.
Hakanson
Anderson
Assoc., �_"] /-�Inc.
Civil & Municipal Engineering
nd Surveying
September 23, 1998
Mike Robertson, Administrator
City of Otsego
8899 Nashua Avenue N.E.
Otsego, MN 55330
III •• I
3601 Thurston Avenue
I� I
SEP 2
"vR Suite 101
' ' Anoka, Minnesota 55303
'u i 61 2/42 7 5860
RE: 83`d Street Culvert at Otsego Creek Crossing
Dear Mike,
— ____J 612/427-0520 Fax
As requested, I looked at the estimated costs we had put together for the Otsego Creek
Project in February 1996.
The cost is for a Concrete Arch Pipe (54" X 88") which is equivalent to a 72" diameter
pipe. The pipe length was determined to fit under the standard collector street section.
The cost is broken down as follows:
• Concrete Pipe and End Section (54" X 88") $30,500
• Rip -Rap, Wood Fiber Blanket Silt Fence, Seeding $6,800
• Road Pavement Restoration $2,500
Total Estimated Cost of Construction $39,800
If the Council wishes, we could get quotes for this work. However, we would need to
put together a quote form, specification and a sketch of the work to be done.
The cost of concrete pipe is more than the Corrugated Metal Pipe (CMP). The existing
CMP is eroding out on the bottom due to corrosion.
If you have further questions, please contact me.
Yours truly,
HAKANSO NDER ON ASSOCIATES, INC.
LAYrOce 5Y K ak, PE
clk
cc: Elaine Beatty, Clerk
Public Works Committee
C:\Share\WPmunAAOTSEGO\910\ot910mr2.doc
AGREEMENT iETWEEN TRE OTSEGO ECONOMIC DEVELOPMENT
AU'T'HORITY AND LONG HAUL TRUCKING, INC. REGARDING
E('-ONOMIC DEVELOPMENT ASSISTANCE.
THIS AGREEMFeNT is made this day of , 1998 between the
Otsego Economic Development Authority (hereafter "EDA"), a public body
corporate and politic, and Long Haul Trucking, Inc. (hereafter "Developer"), a
Minnesota corpora ;n, concerning financial assistance for development of the
following described property (hereafter "Development Property"):
Lot 2, Block 2, OTSEGO INDUSTRIAL PARK, according to the plat on
file and of record at the Wright County Recorder's Office, Wright County,
Minnesota.'
Recitals:
WHEREAS, Developer is the owner of the above-described property and has
thereon constructed buildings valued at approximately $750,000.00; and
WHEREAS, The land described above and certain other improvements thereto are
valued at approxirhately $100,000.00; and
WHEREAS, The :County Assessor's estimate of the Development Property's
taxable market value upon full development is approximately $850,000.00; and
WHEREAS, the 17evelopment Property is located in a subdivision, platted by
Developer, known; as OTSEGO INDUSTRIAL PARK and, further, Developer has
constructed within the above -referenced plat street and drainage facilities at a cost
of approximately $65,000.00; and
WHEREAS, the City has committed to provide assistance to Developer in an
amount, not to exceed $65,000.00, by making an annual levy on behalf of the EDA
in an amount not tb exceed the City's share of real property taxes generated by the
above-described property and subject to such limitations as are provided by law;
and
WHEREAS, the EDA will reimburse the levy proceeds to Developer for certain
costs, subject to the terms and conditions of this Agreement.
NOWTSEREFOItE, in consideration of the mutual promises, covenants,
obligations and conditions contained herein, the parties hereby agree as follows:
1. Am unt of Assikance. For a period of ten (10) years, commencing in 1999, the
City has agreed tolevy evy and contribute to the EDA a sum of money not to exceed
$65,000.00, pursuant to and subject to the limitations contained in Minnesota
Statutes §469.107.' Contributions will be made from the proceeds of an annual
levy and will be equal to the lesser of $6,500.00 or the City's portion of property
taxes collected froin the Development Property described above. Contributions
shall be made in November of each year, after all property taxes have been and
received by the City. if in any year no property taxes are collected by the City
from the Developrnient Property, then no contribution will be made by the EDA to
the Developer. The City may levy additional amounts on behalf of the EDA as
provided in Section 8 of this Agreement, provided that such additional levies do
not violate §469.107 or any other applicable law.
2. Payment of Assistance. The EDA will reimburse Developer for costs incurred
incident to constructing roads, drainage facilities and other improvements on the
Development Property. Reimbursements shall be made annually for a period of
ten (10) years beginning in 1999 and shall not exceed a total of $65,000.00. The
annual reimbursement to Developer shall be paid from, and shall not exceed, the
levy proceeds described in section one (1) above. No interest shall be paid to
Developer on its development costs. Payment, as herein provided, shall be made
to Developer in Nbvember after receipt by the EDA of the levy proceeds.
3. Developer's Obligations. Developer shall construct and maintain buildings and
other improvements, including installation of street and drainage facilities, on and
for the benefit of the Development Property so as to increase the taxable market
value of the Development Property to $850,000.00. Developer agrees to promptly
pay all ad valorem property taxes levied against the Development Property as
provided by law. Developer further agrees to abide by all statutes, ordinances and
regulations applicable to the Development Property.
4. Assignment Prohibited. Assignment of this Agreement, or any interest herein, is
strictly prohibited: Any such assignment shall render this Agreement null and void
and shall discharge any obligation on the part of the EDA or City to perform under
the terms of this Agreement.
5. Sale of Develoibment Property. Except with the express written consent of
EDA, Developer shall not sell the Development Property. Any such transfer
without consent shall render this Agreement null and void and shall discharge any
obligation on the part of the EDA or City to perform under the terms of this
Agreement.
6.Events of Default. The following events shall constitute default by Developer:
a. Failure by the Developer to timely pay any ad valorem real property
taxes assessed with respect to the property herein described.
b. Failure by the Developer to cause the construction and installation of the
improvements to be completed pursuant to the terms, conditions, and
limitations of the Developer's Contract- Otsego Industrial Park as
previously ixecuted and recorded
c. Failure df the Developer to observe or perform any other covenant,
condition, gbligation or agreement on its part be observed or performed
under this Agreement or under the Developer's Contract- Otsego Industrial
Park.
d. assignmcs t of this Agreement by Developer.
e. sale of the Development Property without receiving the consent of the
EDA as provided in section five (5) above.
f. any transfer of a legal interest in the Development Property which shifts
the burden for payment of property taxes to another party.
g. petition or application by Developer for detachment from the City under
existing lave, or any amendment thereto.
7. Election of Remedies. Upon breach of this Agreement or default by Developer,
as provided in seciion six (6) above, the EDA may elect any one of the following
remedies:
a. the EDAmay cancel and rescind this Agreement, upon thirty (30) days
written noticce of default and intent to cancel to Developer and failure of
Developer to cure its default within that time.
b. the EDA may suspend its performance under this Agreement until it
receives assurances from the Developer, deemed adequate by the EDA, that
the Developer will cure its default and continue its performance under this
Agreement:
c. the EDA may take any action, including legal or administrative action, in
law or equity, that is deemed necessary or desirable to enforce performance
and observeince of any obligation, covenant or promise of the Developer
under this Agreement.
8. Incentive for Further Development. The parties acknowledge that Developer
owns or has a legal interest in four (4) additional lots located within Otsego
Industrial Park. As incentive to Developer for developing these remaining Lots,
the EDA may provide additional economic development assistance to Developer.
For each additional Lot described above, Developer shall be eligible for an
additional five hundred dollar ($500) reimbursement per lot, per year, subject to
the following terms and conditions:
a. No lot s4all be eligible for the $500 reimbursement until it is developed
for a commercial or industrial use consistent with the applicable zoning and
other land 4se regulations and provided that the lot is developed by a party
other than Developer.
b. No lot shall be eligible for the $500 reimbursement until it is actually
generating property taxes collected for the benefit of the City.
c. Payments made, as provided in this section, shall come solely from the
City's portion property taxes collected from Lot 2, Block 2, OTSEGO
IlVDUSTRIAL PARK and shall be paid solely from the proceeds of a levy
by the City:on behalf of the EDA as provided in Section 2 above. Neither
the EDA or the City shall be liable to make payments, as provided in this
section, to Developer if the City's portion of property taxes received from
Lot 2 are insufficient to cover such payment.
d. Payments, as herein provided, shall be made to Developer in November
following the first full year receipt of property taxes from any additional
development as contemplated in this section, except that in no case
whatsoever shall any payments be made after November of 2008.
e. No payment shall be made under this section 8 on any lot in which the
Developer ietains any legal interest whatsoever. Moreover, no payment
shall be in id.e under this section if Developer is a partner, shareholder or in
any way a party to the business undertaking the development on the
remaining lots in Otsego Industrial Park.
9. Job Creation. Broth the City and Developer acknowledge and agree that
Minnesota Statutes § 116J.991 requires that Developer create at least one
additional job within two years of receiving the first installment of assistance
provided under this Agreement. Developer agrees to create at least one job in
addition to any jobs presently existing in relation to Developer's business within
two years of signing this Agreement. Developer agrees to provide proof, deemed
adequate by the City, that the job has been created. Developer's receipt of the
assistance provided under this Agreement is conditioned upon the above -
referenced job creation. As per the above-cited statute, Developer must repay the
assistance received hereunder if at least one job is not created within two years of
signing this Agreement.
10. Recording ofAgeement. The parties agree that this written Agreement shall
be filed for record'against the Development Property above-described in the Office
of the Wright County Recorder. Recording of this Agreement shall give any
subsequent purchaser, or successor in interest, of the Development Property, or
any portion thereof, constructive notice of the terms of this Agreement and their
application to the Development Property.
11. Severability. Should any section, paragraph, provision or term of this
Agreement, or lesser part thereof; be found invalid by a Court of competent
jurisdiction, then d11 remaining sections, paragraphs and provisions of the
Agreement shall remain in frill force and effect and be binding upon the parties
hereto.
12. Merger Clausd. Modification by Written Agreement. This Agreement
represents the full land complete understanding between the parties hereto. Neither
parry is relying on any prior agreement or statement, whether oral or written.
Modification of this Agreement will occur, if at all, with the signed consent of all
parties.
Dated:
CITY OF OTSEGO
By
Its Mayor
By
Its Clerk
Dated:
Dated:
Dated:
ECONOMIC DEVELOPMENT AUTHORITY
By
Its Presidcnt
By
Its Secretary
LONG HAUL TRUCKING
By
Its
STATE OF MINNESOTA }
) ss.
COUNTY OF WRIGHT )
Subscribed and swKorn before me this day of , 1998 by Larry
Fournier, Mayor of Otsego and Elaine Beatty, Otsego City Clerk, pursuant to the
authority of the Otsego City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me this day of , 1998 by Larry
Fournier, President and Elaine Beatty, Secretary on behalf of the Otsego Economic
Development Authority (EDA) pursuant to the authority of the EDA Board
NOTARY PUBLIC
STATE OF Ml NESOTA )
) ss.
COUNTY OF WRTGHT )
Subscribed and sworn before me this
day of , 1998 by
the of Long Haul Trucldng, Inc.,
a Minnesota corporation on behalf of the corporation.
NOTARY PUBLIC
THIS INSTRUMENT DRAFTED BY:
COURI AND MACARTHUR LAW OFFICE
705 Central Avenue East
St. Michael, MN 55376
8. 1 f} .
AGREEMENT BETWEEN THE OTSEGO ECONOMIC DEVELOPMENT
AUTHORITY AND APEX BUSUSESS CENTER, LLC REGARDING
ECONOMIC DEVELOPMENT ASSISTANCE.
TMS AGREEMENT is made this day of _ , 1998 between the
City of Otsego, a municipal corporation organized under the laws of the State of
Minnesota, (hereafter "City") Otsego Economic Development Authority (hereaftex
"EDA"), a public body corporate and politic, and Apex Business Center, LLC
(hereafter "Developer"), a Minnesota limited liability company, concerning
financial assistance for development of the following described property (hereafter
"Development Property"):
Lot 2, Block 1, OTSEGO INDUSTRIAL PARK, according to the plat on
file and of record at the Wright County Recorder's Office, Wright County,
Minnesota.
Recitals:
WHEREAS, Devbloper is the owner of the above-described Development
Property and intends to construct an office/warehouse building located thereon;
and
WHEREAS, The above-described Development Property is presently vacant and
undeveloped; and
'WHEREAS, Developer will incur certain additional expenses by Developing
Otsego Industrial Park, as opposed to other possible locations, due to and absence
of City sewer and water service to the location; and
WHEREAS, the proposed Development will increase the City's tax base and
create at least one additional job within the State of Minnesota; and
WHEREAS, the City has committed to levy property taxes on behalf of the
Otsego EDA, subject to such limitations as are provided by law, in amount equal
to providing the assistance more fully described below; and
WHEREAS, the EDA will reimburse the proceeds from the City's levy, or an
appropriate portion thereof, to Developer for certain costs, subject to the terms and
conditions of this Agreement.
NOWT'HEREFORE, in consideration of the mutual promises, covenants,
obligations and conditions contained herein, the parties hereby agree as follows:
1. Developer's Obligations. Developer shall construct and maintain a
office/warehouse building and other improvements in substantial conformance
with the plans submitted to the City by Developer. Construction of the building
and improvements shall be completed by December 31, 1998. Developer agrees to
promptly pay all ad valorem property taxes levied against the Development
Property as provided by law. As a condition of receiving assistance, Developer
further agrees to abide by all statutes, ordinances and regulations applicable to the
Development Property.
2. Amount of Assistance. The EDA agrees to provide assistance to Developer in
an amount equal to 3.75% of building's market value, as determined for property
tax purposes for assessment year 1999 (i.e. the value of the building as of January
2, 1999, as determined by the Wright County Assessor) in installments as provided
in section (3) three below. Beginning in 2000, and continuing until such time as
Developer has received all of the assistance allowed under this section, the City of
Otsego agrees to make an annual levy, pursuant to and subject to the limitations
contained in Minnesota Statutes §469.107, on behalf of the EDA in an amount
estimated to be 30% of the property taxes it receives from the Development
Property. Contributions will be made in November of each year, after all property
taxes have been and received by the City. If in any year no property taxes are
collected from the Development Property, then no contribution from the above-
described levy will be made by the City to the EDA.
3. Payment of Assistance. The EDA will reimburse Developer for costs incurred
incident to constructing the warehouse/office building and other improvements on
the Development Property. Reimbursements shall be made annually, beginning in
2000, until an amount equal to 3.75% of the building's assessment year 1999
market value has been reimbursed. The annual reimbursement to Developer shall
be paid from and shall not exceed the levy proceeds described in section two (2)
above. No interest shall be paid to Developer on its development costs or on the
assistance to be provided by the EDA. Payment, as herein provided, shall be made
to Developer in November after receipt by the EDA of the City's levy proceeds.
4. Assignment Prohibited. Except as provided in the following section (5)five,
Assignment of this Agreement, or any interest herein, is strictly prohibited. Any
such assignment shall render this Agreement null and void and shall discharge any
obligation on the part of the EDA or City to perform under the terms of this
Agreement.
5. Bank Foreclosure Agreement to Subordinate. The parties acknowledge that
National City Bank is providing substantial financing to this project in the form of
a loan and, Authcr, as security for such financing Developer will give a mortgage
in the Development Property to National City Bank. In the event that National
City Bank forecloses on the above -referenced mortgage, the City and the EDA
agree that the assistance provided for in this Agreement shall be paid to National
City Bank, provided National City Bank continues to pay property taxes on the
Development Property and until such time as either the full amount of the
assistance is paid or National City Bank sells the Development Property. National
City Bank shall not assign or transfer any interest in this Agreement and any such
purported assignment or transfer shall discharge the obligation of the City and the
EDA to perform under this Agreement. Neither the City nor EDA is obligated to
provide the assistance contemplated in this Agreement to any successor in interest
of National City Flank in the Development Property. The City and EDA agree that
this Agreement is subordinate to the above -referenced mortgage to be given to
National City Bank by Developer. The City and EDA further agree to execute any
subordination documents as National City Bank may reasonably require.
6. Sale of Develgliment Property. Except with the express written consent of
EDA, Developer shall not sell the Development Property. Any such transfer
without consent shall render this Agreement null and void and shall discharge any
obligation on the part of the EDA or City to perform under the terms of this
Agreement.
7. Events of Defaiilt. The following events shall constitute default by Developer:
a. Failure by the Developer to timely pay any ad valorem real property
taxes assessed with respect to the property herein described.
b. Failure of the Developer to observe or perform any other covenant,
condition, obligation or agreement on its part be observed or performed
under this ,Agreement.
c. assignment of this Agreement by Developer.
d. sale of the Development Property without receiving the consent of the
EDA as provided in section six (6) above.
e. any transfer of a legal interest in the Development Property which shifts
the burden for payment of property taxes from Developer to another party,
except in the case of mortgage foreclosure by National City Bank as
provided in section (5) five above.
. .�v..rr.... 1 • iG
f petition or application by Developer for detachment from the City under
existing law, or any amendment thereto.
8. Election of Remedies. Upon default by Developer, as provided in section six
(6) above, the EDA may elect any one of the following remedies:
a. the EDA may cancel and rescind this Agreement, upon thirty (30) days
written notice of default and intent to cancel to Developer and failure of
Developer to cure its default within that time.
b. the EDA may suspend its performance under this Agreement until it
receives assurances from the Developer, deemed adequate by the EDA, that
the Developer will cure its default and continue its performance under this
Agreement.
c. the EDA may take any action, including legal or administrative action, at
law or in equity, that is deemed necessary or desirable to enforce
performance and observance of any obligation, covenant or promise of the
Developer under this Agreement.
9. No Remedy Exclusive. No remedy contained in this Agreement and reserved to
or conferred upon the City is intended to be exclusive of any other available
remedy. Each and every remedy available to the City shall be cumulative and
shall be in addition to every other remedy given under this Development Contract
or now or hereafter existing at law or in equity.
10. Waiver of Remedies. Waiver of any right, remedy or breach of this Agreement
by either party will occur, if at all, in writing signed by the waiving party and
delivered to the non -waiving party. All such waivers are limited to the particular
right, remedy or breach so waived and shall not be a deemed waiver of any
additional right or remedy, nor any other past, present or future breach.
No delay or omission by the City in exercising any right, power or remedy
accruing upon any breach of this Development Contract or Event of Default shall
impair the City's ability to exercise such right, power or remedy, nor be construed
as a waiver thereof. All rights, powers and remedies of the City under this
Agreement may be exercised from time to time and as often as may be deemed
expedient by the City.
11. Job Creation. Both the City and Developer acknowledge and agree that
Minnesota Statutes § 116J.991 requires that Developer create at least one
additional job within two years of receiving the first installment of assistance
provided under this Agreement. Developer agrees to create at least one job in
addition to any jobs presently existing in relation to Developer's business within
two years of signing this Agreement Developer agrees to provide proof, deemed
adequate by the City, that the job has been created. Developer's receipt of the
assistance provided under this Agreement is conditioned upon the above -
referenced job creation. As per the above-cited statute, Developer must repay the
assistance received hereunder if at least one job is not created within two years of
signing this Agreement.
12. Recording of Agreement. The parties agree that this written Agreement shall
be filed for record against the Development Property above-described in the Office
of the Wright County Recorder. Recording of this Agreement shall give any
subsequent purchaser, or successor in interest, of the Development Property, or
any portion thereof, constructive notice of the terms of this Agreement and their
application to the Development Property.
13. Severability. Should any section, paragraph, provision or term of this
Agreement, or lesser part thereof, be found invalid by a Court of competent
jurisdiction, then all remaining sections, paragraphs and provisions of the
Agreement shall remain in full force and effect and be binding upon the parties
hereto.
14. Merger Clause: Modification by Written Agreement. This Agreement
represents the full and complete understanding between the parties hereto. Neither
party is relying on any prior agreement or statement, whether oral or written.
Modification of this Agreement will occur, if at all, with the signed consent of all
parties.
The undersigned individuals represent that they have actual authority to bind the
entities listed below and associated with their respective signatures.
Dated:
CITY OF OTSEGO
By
Its Mayor
By
Its Clerk
Dated:
Dated:
ECONOMIC DEVELOPMENT AUTHORITY
By
Its President
By
Its Secretary
APEX BUSINESS CENTER, LLC
Dated: By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me this day of , 1998 by Larry
Fournier, Mayor of Otsego and Elaine Beatty, Otsego City Clerk, pursuant to the
authority of the Otsego City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me this day of , 1998 by Larry
Fournier, President and Elaine Beatty, Secretary on behalf of the Otsego Economic
Development Authority (EDA) pursuant to the authority of the EDA Board.
NOTARY PUBLIC
VI GJ �JJV VL•VJI 11 I 11VII \.VVI ! 411 IIG1r rN 1r11V1
I -4141004-) r-. I-)
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
Subscribed and sworn before me this day of , 1998 by
the of Apex Business Center,
LLC, a Minnesota limited liability company on behalf of the Company.
NOTARY PUBLIC
TMS INSTRUMENT DRAFTED BY:
COURI AND MACARTHUR LAW OFFICE
705 Central, Avenue East
St Michael, MN 55376
TOTAL P.15
Muhael C. Couri-
Andrew J. MacArthur
Marcus W. Miller
•Atw ecaued in n&a.
September 22, 1998
Otsego City Council
City of Otsego
8899 Nashua Avenue N.E.
Elk River, MN 55330
COURI & MACARTHUR
Anornep at Law
715 Central Avenue East
PO Bas 369
St. Midiael, MN55376-0369
(612) 497-1930
(612) 497-2599 (FAX)
cowian&nacmthwCPobaz cons
Re: Otsego -Apex and Long Haul Economic Development Assistance
Dear Council Members:
Please find enclosed four (4) resolutions for your consideration concerning the above -
referenced matter. Two of these resolutions are for consideration and possible adoption
in your capacity as the City Council. The remaining two are for consideration and
possible adoption by you in your capacity as the Economic Development Authority.
The following is the suggested procedure for adopting these resolutions, should you so
choose:
1. The City Council adopts the two separate resolutions authorizing an annual levy
on behalf of the EDA, for purposes of providing economic development assistance
to Apex and Long Haul.
2. The Council approves, by motion, the two contracts (which you previously
received) between the City, EDA and Apex and Long Haul pertaining to economic
development assistance.
3. The City Council meeting is recessed and the EDA Board meeting is convened.
4. The EDA Board adopts the two separate resolutions authorizing the EDA to
provide economic development assistance to Apex and Long Haul.
5. The EDA Board, by motion, approves the economic development assistance
contracts.
6. The EDA Board adjourns its meeting and the City Council meeting is resumed.
These resolutions are all very similar. Nonetheless, there is one important difference.
Under these resolutions Long Haul should receive its first payment in November, 1999,
while Apex will not receive its first payment until November, 2000. This difference is
due to construction completion dates and the fact that the assistance provided is intended
to be offset by an increase in property taxes generated by the respective projects. The
Apex project, for instance, will not be completed until later this year. The value of the
new construction will be factored in by the County for assessment year 1999, with
property taxes on the increased value of the new construction payable in 2000.
Please call if have any questions or concerns.
Yours y
An ew J Arth
ouri a d acArthur Law Office
enclosures
c: Les Anderson, Attorney
Dino Buege, Long Haul Trucking
John Gries, Attorney
CITY OF OTSEGO
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE CITY OF OTSEGO
TO MAKE AN ANNUAL TAX LEVY ON BEHALF OF ITS
ECONOMIC DEVELOPMENT AUTHORITY
Resolution No.
WHEREAS, Apex Business Center, LLC (hereafter "Developer") has undertaken
development of an office/warehouse building which will add taxable market value to the
City's tax base; and
WHEREAS, the Development Property is legally described as follows:
Lot 2, Block 1, Otsego Industrial Park, as shown on the plat and survey thereof, on
file and of record in the Office of the Wright County Recorder, Wright County,
Minnesota.
WHEREAS, the development property is located in a subdivision, previously platted and
known as OTSEGO INDUSTRIAL PARK; and
WHEREAS, Developer has approached the City requesting economic development
assistance for the development project located on the Development Property within the
City of Otsego; and
WHEREAS, because of the absence of City sewer and water to the Development
property, Developer will incur expenses that it might not otherwise incur in another
location; and
WHEREAS, the City has resolved to provide, as more fully described herein, financial
assistance to the above -referenced project; and
WHEREAS, the City has previously created an Economic Development Authority
(EDA), the purpose of which is to encourage and promote economic development within
the City of Otsego; and
WHEREAS, Minnesota Statutes §469.90 through §469.1081, the Economic
Development Authority Act, allows the EDA to exercise all the powers granted to cities
under the Development District Act, Minnesota Statutes §469.124 through §469.134,
including adoption of Development Programs; and
WHEREAS, The EDA has adopted a Development Program for Development District
# 1, the boundaries of which include the above-described Development Property; and
WHEREAS, the City may levy taxes on behalf of the EDA as provided in Minnesota
Statutes §469.107.
NOWTHEREFORE BE IT RESOLVED by the Otsego City Council as follows:
1. City's Contribution. Beginning in 2000, the City will annually levy on behalf of the
EDA a sum of money not to exceed thirty percent (30%) of the City's estimated share of
property taxes to be collected from the Development Property above-described, subject to
the limitations contained in Minnesota Statutes §469.107 and other applicable law. Said
levies shall continue until a sum equal to 3.75% of the office/warehouse building's
assessment year 1999 market value has been levied on behalf of the EDA. Levy proceeds
shall be released to the EDA in November of each year, after all property taxes have been
and received by the City.
2. EDA to Provide Assistance to Developer. Upon proof of payment of taxes, the EDA
will reimburse Developer for costs incurred incident to constructing the above-mentioned
office/warehouse building on the development property. The annual payment to
Developer shall be paid from, and shall not exceed, the City's levy contribution described
in section one (1) above and no interest shall be paid by the City or EDA in addition to
the financial assistance provided for in this resolution.
3. Assistance Conditioned Upon Development Agreement. Receipt by Developer of the
financial assistance described above is conditioned upon, and shall be subject to, an
Agreement made between Developer, the City and the EDA. The terms of this resolution
shall be incorporated into the Agreement, as well as any provisions as may be
recommended by the City Attorney. The City Council shall review and approve the
Agreement referenced herein before any taxes will be levied by the City on behalf of the
EDA.
Dated:
Larry Fournier, Mayor
ATTEST:
Elaine Beatty, City Clerk
CITY OF OTSEGO
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE OTSEGO EDA
TO PROVIDE ECONOMIC DEVELOPMENT
ASSISTANCE AND TO ENTER AND AGREEMENT
REGARDING THE SAME
Resolution No.
WHEREAS, Apex Business Center, LLC (hereafter "Developer") has undertaken
development of an office/warehouse building which will add taxable market value to the
City's tax base; and
WHEREAS, the Development Property is legally described as follows:
Lot 2, Block 1, Otsego Industrial Park, as shown on the plat and survey thereof, on
file and of record in the Office of the Wright County Recorder, Wright County,
Minnesota.
WHEREAS, the development property is located in a subdivision, previously platted and
known as OTSEGO INDUSTRIAL PARK; and
WHEREAS, Developer has approached the City requesting economic development
assistance for the development project located on the Development Property within the
City of Otsego; and
WHEREAS, because of the absence of City sewer and water to the Development
property, Developer will incur expenses that it might not otherwise incur in another
location; and
WHEREAS, the City has resolved to provide, as more fully described herein, financial
assistance to the above -referenced project; and
WHEREAS, the City has previously created an Economic Development Authority
(EDA), the purpose of which is to encourage and promote economic development within
the City of Otsego; and
WHEREAS, Minnesota Statutes §469.90 through §469.1081, the Economic
Development Authority Act, allows the EDA to exercise all the powers granted to cities
under the Development District Act, Minnesota Statutes §469.124 through §469.134,
including adoption of Development Programs; and
WHEREAS, The EDA has adopted a Development Program for Development District
# 1, the boundaries of which include the above-described Development Property; and
WHEREAS, the City may levy taxes on behalf of the EDA as provided in Minnesota
Statutes §469.107.
NOWTHEREFORE BE IT RESOLVED by the Otsego City Council as follows:
1. City's Contribution. Beginning in 2000, the City will annually levy on behalf of the
EDA a sum of money not to exceed thirty percent (301/o) of the City's estimated share of
property taxes to be collected from the Development Property above-described, subject to
the limitations contained in Minnesota Statutes §469.107 and other applicable law. Said
levies shall continue until a sum equal to 3.75% of the office/warehouse building's
assessment year 1999 market value has been levied on behalf of the EDA. Levy proceeds
shall be released to the EDA in November of each year, after all property taxes have been
and received by the City.
2. EDA to Provide Assistance to Developer. Upon proof of payment of taxes, the EDA
will reimburse Developer for costs incurred incident to constructing the above-mentioned
office/warehouse building on the development property. The annual payment to
Developer shall be paid from, and shall not exceed, the City's levy contribution described
in section one (1) above and no interest shall be paid by the City or EDA in addition to
the financial assistance provided for in this resolution.
3. Assistance Conditioned Upon Development Agreement. Receipt by Developer of the
financial assistance described above is conditioned upon, and shall be subject to, an
Agreement made between Developer, the City and the EDA. The terms of this resolution
shall be incorporated into the Agreement, as well as any provisions as may be
recommended by the City Attorney. The EDA Board shall review and approve the
Agreement referenced herein before any assistance is provided to Developer.
Dated:
Larry Fournier, President
ATTEST:
Elaine Beatty, Secretary
CITY OF OTSEGO
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE CITY OF OTSEGO
TO LEVY TAXES ON BEHALF OF ITS
ECONOMIC DEVELOPMENT AUTHORITY
Resolution No.
WHEREAS, Long Haul Trucking (hereafter "Developer") has undertaken development
which has added approximately $850,000 in taxable market value to the City's tax base;
and
WHEREAS, the Development Property is legally described as follows:
Lot 2, Block 2, Otsego Industrial Park, as shown on the plat and survey thereof, on
file and of record in the Office of the Wright County Recorder, Wright County,
Minnesota.
WHEREAS, the development property is located in a subdivision, previously platted by
Developer, known as OTSEGO INDUSTRIAL PARK and, further, Developer has
constructed within the above -referenced plat street and drainage facilities at a cost of
approximately $65,000.00; and
WHEREAS, Developer has previously approached the City requesting economic
development assistance for the development project located within the City of Otsego;
and
WHEREAS, prior to its completion, the City resolved to provide, as more fully
described herein, financial assistance to the above -referenced project; and
WHEREAS, the City has previously created an Economic Development Authority
(EDA), the purpose of which is to encourage and promote economic development within
the City of Otsego; and
WHEREAS, Minnesota Statutes §469.90 through §469.1081, the Economic
Development Authority Act, allows the EDA to exercise all the powers granted to cities
under the Development District Act, Minnesota Statutes §469.124 through §469.134,
including adoption of Development Programs; and
WHEREAS, The EDA has adopted a Development Program for Development District
# 1, the boundaries of which include the above-described Development Property; and
WHEREAS, the City may levy taxes on behalf of the EDA as provided in Minnesota
Statutes §469.107.
NOWTHEREFORE BE IT RESOLVED by the Otsego EDA as follows:
1. City's Contribution. Beginning in 1999 and for a period of ten (10) years, the City
agrees to levy on behalf of the EDA a sum of money not to exceed a total of $65,000.00,
subject to the limitations contained in Minnesota Statutes §469.107 and other applicable
law. Said annual levies shall be equal to the lesser of $6,500.00 or the City's portion of
property taxes collected in the preceding year from the development property described
above. Levy proceeds shall be turned over to the EDA in November of each year, after
all property taxes have been and received by the City.
2. EDA to Rebate Contributions to Developer. Upon proof of expenditures made, the
EDA will reimburse Developer for costs incurred incident to constructing roads, drainage
facilities and other improvements on, or for the benefit of, the development property.
Reimbursements shall be made annually for a period of ten (10) years and shall not
exceed a total of $65,000.00. The annual reimbursement to Developer shall be paid from,
and shall not exceed, the City's annual levy described in section one (1) above and no
interest shall be paid by the City or EDA in addition to the financial assistance provided
for in the resolution.
3. Incentive for Additional Development. The City may levy additional taxes on behalf of
the the EDA to encourage additional development on the Lots owned by Developer
within Otsego Industrial Park. For each additional Lot, Developer shall be eligible for an
additional five hundred dollar ($500) reimbursement per lot, per year, subject to the
following terms and conditions:
a. No lot shall be eligible for the $500 reimbursement until it is developed for a
commercial or industrial use consistent with the applicable zoning and other land
use regulations, provided that the lot is developed by a party other than Developer.
b. No lot shall be eligible for the $500 reimbursement until it is actually generating
property taxes collected for the benefit of the City.
c. Payments made, as provided in this section, shall come solely property taxes
levied by the City on behalf of the EDA and contributed by the City to the EDA as
provided in Section 2 above. Neither the EDA or the City shall be liable to make
payments, as provided in this section, to Developer if the City's portion of
property taxes received from Lot 2 are less than the amount to be levied or such
payments would be in violation of any applicable law.
d. Payments, as herein provided, shall be made to Developer in November
following the first full year receipt of property taxes from any additional
development as contemplated in this section, except that in no case whatsoever
shall any payments be made after November of 2008.
e. No payment shall be made on any lot in which the Developer retains any legal
interest whatsoever. Moreover, no payment shall be made under this section if
Developer is a partner, shareholder or in any way a party to the business
undertaking the development on the remaining lots in Otsego Industrial Park.
4. Assistance Conditioned Upon Development A egrr ,ement. Receipt by Developer of the
financial assistance described above is conditioned upon, and shall be subject to, an
Agreement made between Developer, the City and the EDA. The President and
Secretary are authorized and directed to enter said agreement, subject to approval of the
agreement by the City Attorney as to its form and content. The terms of this resolution
shall be incorporated the above-mentioned agreement.
Dated:
Larry Fournier, President
ATTEST:
Elaine Beatty, Secretary
OTSEGO ECONOMIC DEVELOPMENT AUTHORITY
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE OTSEGO EDA
TO PROVIDE ECONOMIC DEVELOPMENT
ASSISTANCE AND TO ENTER AN AGREEMENT
REGARDING THE SAME
Resolution No.
WHEREAS, Long Haul Trucking (hereafter "Developer") has undertaken development
which has added approximately $850,000 in taxable market value to the City's tax base;
and
WHEREAS, the Development Property is legally described as follows:
Lot 2, Block 2, Otsego Industrial Park, as shown on the plat and survey thereof, on
file and of record in the Office of the Wright County Recorder, Wright County,
Minnesota.
WHEREAS, the development property is located in a subdivision, previously platted by
Developer, known as OTSEGO INDUSTRIAL PARK and, further, Developer has
constructed within the above -referenced plat street and drainage facilities at a cost of
approximately $65,000.00; and
WHEREAS, Developer has previously approached the City requesting economic
development assistance for the development project located within the City of Otsego;
and
WHEREAS, prior to its completion, the City resolved to provide, as more fully
described herein, financial assistance to the above -referenced project; and
WHEREAS, the City has previously created an Economic Development Authority
(EDA), the purpose of which is to encourage and promote economic development within
the City of Otsego; and
WHEREAS, Minnesota Statutes §469.90 through §469.1081, the Economic
Development Authority Act, allows the EDA to exercise all the powers granted to cities
under the Development District Act, Minnesota Statutes §469.124 through §469.134,
including adoption of Development Programs; and
WHEREAS, The EDA has adopted a Development Program for Development District
# 1, the boundaries of which include the above-described Development Property; and
WHEREAS, the City may levy taxes on behalf of the EDA as provided in Minnesota
Statutes §469.107.
NOWTHEREFORE BE IT RESOLVED by the Otsego EDA as follows:
1. City's Contribution. Beginning in 1999 and for a period of ten (10) years, the City has
agreed to levy on behalf of the EDA a sum of money not to exceed a total of $65,000.00,
subject to the limitations contained in Minnesota Statutes §469.107 and other applicable
law. Said annual levies will be equal to the lesser of $6,500.00 or the City's portion of
property taxes collected in the preceding year from the development property described
above. Levy proceeds shall be turned over to the EDA in November of each year, after
all property taxes have been and received by the City.
2. EDA to Rebate Contributions to Developer. Upon proof of expenditures made, the
EDA will reimburse Developer for costs incurred incident to constructing roads, drainage
facilities and other improvements on, or for the benefit of, the development property.
Reimbursements shall be made annually for a period of ten (10) years and shall not
exceed a total of $65,000.00. The annual reimbursement to Developer shall be paid from,
and shall not exceed, the City's annual levy described in section one (1) above and no
interest shall be paid by the City or EDA in addition to the financial assistance provided
for in the resolution.
3. Incentive for Additional Development. The City may levy additional taxes on behalf of
the the EDA to encourage additional development on the Lots owned by Developer
within Otsego Industrial Park. For each additional Lot, Developer shall be eligible for an
additional five hundred dollar ($500) reimbursement per lot, per year, subject to the
following terms and conditions:
a. No lot shall be eligible for the $500 reimbursement until it is developed for a
commercial or industrial use consistent with the applicable zoning and other land
use regulations, provided that the lot is developed by a party other than Developer.
b. No lot shall be eligible for the $500 reimbursement until it is actually generating
property taxes collected for the benefit of the City.
c. Payments made, as provided in this section, shall come solely property taxes
levied by the City on behalf of the EDA and contributed by the City to the EDA as
provided in Section 2 above. Neither the EDA or the City shall be liable to make
payments, as provided in this section, to Developer if the City's portion of
property taxes received from Lot 2 are less than the amount to be levied or such
payments would be in violation of any applicable law.
d. Payments, as herein provided, shall be made to Developer in November
following the fust full year receipt of property taxes from any additional
development as contemplated in this section, except that in no case whatsoever
shall any payments be made after November of 2008.
e. No payment shall be made on any lot in which the Developer retains any legal
interest whatsoever. Moreover, no payment shall be made under this section if
Developer is a partner, shareholder or in any way a party to the business
undertaking the development on the remaining lots in Otsego Industrial Park.
4. Assistance Conditioned Upon Development Agreement. Receipt by Developer of the
financial assistance described above is conditioned upon, and shall be subject to, an
Agreement made between Developer, the City and the EDA. The President and
Secretary are authorized and directed to enter said agreement, subject to approval of the
agreement by the City Attorney as to its form and content.
Dated:
By
Larry Fournier, President
ATTEST:
Elaine Beatty, Secretary
Date: September 22, 1998
To: Mayor & Council
From: City Administrator Mike Robertson
Re: Starting time for part-time person in
Public Works Department
As Council will recall, as part of its discussions
on the 1999 budget, it approved the addition of a
part-time person in the Public Works Department for
1999. After discussion with Public Works Director
Dave Chase and the City Council Public Works Sub -
Committee, it is my recommendation that the Council
allow the part-time person to start this fall for
the following reasons;
1) Fall, with the final trimming of ditches and
the preparation of equipment for winter; and
Winter, with snow plowing, are the busiest seasons
and the most difficult working conditions. Dave
would like to have some more help for this period
and would like them to experience the toughest part
of the job off the bat to see if they are
interested.
2) Kenny Shierts, who is currently part-time, is
not quite the spry young man he was when he was 65.
Dave would like to have someone else as the regular
part-time person so he doesn't over work Kenny.
Dave would still call on Kenny for help
occasionally for things like major snow storms.
cc: City Staff
Hakanson
Anderson
Assoc., Inc.
vil & Municipal Engineering
-and Surveying
September 23, 1998
Mike Robertson, Administrator
City of Otsego
8899 Nashua Avenue N.E.
Otsego, MN 55330
RE: 83rd Street Culvert at Otsego Creek Crossing
Dear Mike,
SEP L4,.B
3601 Thurston Avenue
Suite 101
Anoka, Minnesota 55303
612/427-5860
612/427-0520 Fax
As requested, I looked at the estimated costs we had put together for the Otsego Creek
Project in February 1996.
The cost is for a Concrete Arch Pipe (54" X 88") which is equivalent to a 72" diameter
pipe. The pipe length was determined to fit under the standard collector street section.
The cost is broken down as follows:
• Concrete Pipe and End Section (54" X 88") $30,500
• Rip -Rap, Wood Fiber Blanket.Silt Fence, Seeding $6,800
• Road Pavement Restoration $2,500
Total Estimated Cost of Construction $39,800
If the Council wishes, we could get quotes for this work. However, we would need to
put together a quote form, specification and a sketch of the work to be done.
The cost of concrete pipe is more than the Corrugated Metal Pipe (CMP). The existing
CMP is eroding out on the bottom due to corrosion.
If you have further questions, please contact me.
Yours truly,
HAKANSO"NDER}SON ASSOCIATES, INC.
L r Oce . K hak, PE
clk
cc: Elaine Beatty, Clerk
Public Works Committee
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RiverRider Heartland Express
Wright County
Month: July, '98
ROUTE
ADULTS
ELDERLY
DISABLED
STUDENT/CHILD
TOTAL
Community Buffalo
298
341
64
32
735
Community Cokato
8
161
16
185
Otsego to Elk River
15
25
40
Ostego/St. Michael Elk River
2
22
24
Montrose to Buffalo
2
2
LCO—Lto to Buffalo
6
6
12
Deviated Fixed
Disabled
Elderly
Total
Buffalo Adult Daycare
139
139
Functional (1)
66
66
Functional (2)
471
471
Total: 1672
Memo To: Otsego City Council
From: Marcus Miller, Attorney, Couri and MacArthur Law Office
Date: September 28, 1998
Re: Economic Development Authority (EDA)
Introduction
The following is a brief explanation regarding the purpose, powers and operation of an
Economic Development Authority (EDA). This is not intended to be a comprehensive
explanation. Rather, it is intended to provide a brief overview of the subject.
EDA Purpose, Creation and Membership
Purpose and Creation
The purpose of and EDA is to encourage and promote economic development within the
City. Economic development includes that activities that help create, maintain and grow
local economies.
A City may create an EDA by adopting an enabling resolution after holding a public
hearing upon two weeks published notice. (See attached City of Otsego Enabling
Resolution for your information) The enabling resolution's purpose, in part, is to
establish the EDA's powers or limitations on powers. The enabling resolution may later
be amended or modified by the City upon that same procedure as it was adopted. Once
an EDA is established, it is a body corporate and politic and a political subdivision of the
State of Minnesota. It may sue and be sued in its own name.
Membership
An EDA is governed directly by its Board of Commissioners. Commissioners are
appointed by the Mayor, with approval of the City Council. The EDA board may range
in size from three (3), five (5) or seven (7) members. The following chart shows the
initial terms and the number of Council Members required to be on the Board for each
size makeup.
Board Size # of Council Members Initial Term of Office
3 at least 1 2, 4, 6 years
5 at least 2 2, 3, 4, 5, 6 years
7 at least 2 1,2,3,415 and
2 for 6 years
After the initial terms, all Board members are appointed for six year terms, except that
Council Members may be appointed to terms which coincide with their Council terms.
Vacancies, Removal
Vacancies are filled by Council appointment for the remainder of the unexpired term. A
commissioner may be removed by the City Council for inefficiency, neglect of duty, or
misconduct in office. To accomplish removal, the removal procedures set forth in
Minn.Stat. §469.095 must be followed.
EDA Powers
An EDA may exercise the following powers:
Acquire by lease, purchase, gift, devise, or condemnation proceedings, the
needed right, title and interest in property to create economic development
districts.
2. Sign options to purchase, sell or lease property.
3. Use eminent domain (condemnation) to acquire property for certain economic
development purposes.
4. Enter contracts for certain economic development purposes. The Authority
may contract to purchase or sell real or personal property provided, however,
existing funds, together with reasonable expected revenue, are sufficient to
either discharge the obligation or pay expenses when due.
5. The EDA may become a limited partner in a partnership, as long as the
partnership's purpose is consistent with the EDA's purpose.
6. Acquire property rights or an easement for a development district.
7. Sell land held by it in a development district for economic development
purposes.
8. Operate and maintain a public parking facility to promote development in a
development district.
9. Accept conveyances of land from other public agencies or governmental units,
if the land can be used to carry out a proper EDA purpose.
10. Fill, grade and protect property it owns, including taking necessary steps to
make the property suitable for economic development.
11. Use Tax Increment Financing as provided law.
12. Exercise Housing and Redevelopment Authority (HRA) powers.
13. Issue G.O and/ or Revenue Bonds under certain circumstances.
14. Create committees for itself.
15. Hire employees.
Limitations on Powers
The City, through the enabling resolution, may impose the following limitations on the
EDA Boards actions and powers:
1. No HRA, EDA or City Development powers may be exercised by the
Authority without the prior approval of the City Council.
2. The Council may, by resolution, require the EDA to transfer any portion of
reserve funds generated by EDA activities, unless previously pledged by the
EDA, to the debt service fund of the City, to be used solely to reduce tax levies
for bonded indebtedness of the City.
3. The EDA must get prior Council Approval before issuing any and all bonds or
obligations.
4. That the EDA must follow the budget process for City departments.
5. That all actions of the Authority be consistent with the comprehensive plan.
6. That the Authority submit all planned activities for influencing other
governmental units to the City Council for prior approval.
7. That the EDA submit its structure and management practices to the City
Council for approval.
8. Any other limitation or control as determined by the City Council and adopted
in the enabling resolution.
Administration and Budeet
Compensation
Minnesota law requires that commissioners be paid for attending regular and special
meetings of the EDA. The City Council sets the rate of compensation. The law does not
require that any minimum amount be paid. Compensation could be set, for example, at a
dollar (51.00) per meeting.
Bylaws, Rules and Seal
The EDA may adopt bylaw and rules of procedure and shall adopt an official seal.
Officers
The EDA must elect a president, vice president, treasurer, secretary and assistant
treasurer. The president, treasurer and secretary are elected annually. The secretary and
assistant treasurer do not need to be commissioners. A single commissioner may not be
both president and vice president. All other offices may be held by the same
commissioner. Official duties of the officers are set by statute.
3
Treasurer's Bond
The EDA treasurer must post a bond to the state for faithful discharge of official duties.
The amount of the bond shall be equal to twice the money likely to be on hand at any
given time, but in no circumstances shall the bond amount exceed $300,000.00.
Financial Statement
The Authority must approve its financial statement by resolution. Financial statements
must be prepared, audited, filed, published or posted in the same manner as the City
financial statements. The financial report must be filed with the State Auditor by June
30`h each year.
Budget
The EDA must submit its proposed budget to the City annually. The budget must include
a detailed written description of what it needs to conduct business, minus any revenues
from other activities. The EDA and City operate on the same fiscal year. The City
Council is not obligated to budget any money for the EDA.
Depositories
Every two years the EDA must name a national or state bank(s) as its depository. The
bank must post a bond as to amount, form and surety.
Conflict of Interest
A Board member, Officer, employee, representative or agent of an EDA must not acquire
any financial interest, whether direct or indirect, in any property included or planned to
be included in any project sponsored by the EDA. EDA Board members, Officers,
employees, representatives or agents may not have any financial interest, whether direct
or indirect, in any contract or proposed contract for materials or services to be furnished
or used in connection with any project.
A list of conflict of interest exceptions is attached.
An individual Council member should refrain from voting on a motion or resolution to
appoint when that council member is under consideration for the appointment.
4
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 92-33
RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY
FOR THE CITY OF OTSEGO
THE 14TH DAY OF SeDtomhar 1992
WHEREAS, the City Council of the City of Otsego recognizes the need
for economic development within the City; and
WHEREAS, the City Council of Otsego desires to encourage, attract,
promote and develop economically sound industry and commerce within
the City; and
WHEREAS, such economic development will enhance the community and
the economic welfare of the citizens of the City of Otsego; and
WHEREAS, the above said economic development requires the
encouragement of the City and assistance in making suitable land
available for development; and
WHEREAS, the above said economic development requires control by
the City to prevent conflicts with the City of Otsego Comprehensive
Plan and the desired orderly development of the City; and
WHEREAS, the establishment of an economic development authority
will promote and enhance the above said economic development; and
WHEREAS, a notice of public hearing to consider the need for an
economic development authority was duly published in the
Elk River Star News once a week for two weeks on
eDtem er 1992 andSPnrAmhPr 16, 'qj,' and
WHEREAS, a public hearing was held on Sem 1Tlgg7 and all
concerned members of the public were heard; and
WHEREAS, the City Council has considered the comments made at the
hearing and the facts presented there;
r
NOW, THEREFORE, BE IT RESOLVED that the Otsego City Council hereby
establishes an Economic Development Authority to be known as the
Otsego Economic Development Authority. The Otsego Economic
Development Authority shall be established in the form and shall
and operate with the powers established in the attached document
titled "Governing Resolution, City of Otsego Economic Development
Authority" and that said document is incorporated herein and made
part of this resolution.
By order of the City Council of the City of Otsego.
CITY OF OTSEGO
Norman reske, Mayor
ATT ST:
' Imo"
)77,-
J'Idme- Perrault, City Clerk
W
GOVERNING RESOLUTION, CITY OF OTSEGO ECONOMIC DEVELOPMENT
AUTHORITY
1. Authority to Establish, Governing Law:
a. The City of Otsego Economic Development Authority
(hereinafter the "Authority") is established under the
authority of Minnesota Statutes 469.090 through 469.1081,
as amended, and the organization, powers and activities
of the Authority shall be governed by those said statutes
and this resolution.
2. Commission Size, Appointment, Compensation and Removal of
Commissioners•
a. Size: The Authority Commission shall consist of the
members of the serving City Council.
b. Terms and Appointment of Commissioners: The members of
the Commission shall serve as Commissioners during their
regularly elected term of off ice as a member of the
Otsego City Council.
C. Increase in Commission Members: The Authority Commission
may be increased in number from five to seven members by
a resolution adopted by the City Council following the
same procedure used to pass this resolution or that
prescribed by Minnesota Statute 469.095, Subdivision 3,
as amended.
d. Compensation and Reimbursement: Commissioners, including
the President, shall be paid for attending each regular
or special meeting of the Authority in an amount to be
set by resolution of the City Council. In addition to
the said payment for attending regular and special
meeting Commissioners shall be reimbursed for actual
expenses incurred in doing official business of the
Authority. All money paid for compensation or
reimbursement shall be drawn form the Authority's budget.
e. Removal for Cause: A Commissioner may be removed by the
City Council for inefficiency, neglect of duty or
misconduct in office. Such removal shall be preceded by
a hearing wherein the Commissioner charged shall be given
an opportunity to be heard in person or by counsel. The
Commissioner charged shall be provided a written copy of
the charges at least ten days before any hearing. If
written charges are submitted against a Commissioner the
City Council may temporarily suspend the said
Commissioner. When any Commissioner is removed for cause
a record of the proceedings of the hearing shall be filed
in the office of the City Clerk together with the charges
and findings of fact.
r
3. Authority Officers, Duties and Organizational Matters:
a. The Authority shall adopt bylaws, rules of procedure and
an official seal.
b. Officers Required: The Authority shall elect a
president, vice president, secretary, treasurer and an
assistant treasurer. The president, treasurer and
secretary shall be elected on an annual basis. The
office of president and vice-president shall not be held
by the same Commissioner, the other offices may be held
by the same Commissioner. The offices of secretary and
assistant treasurer need not be held by a Commissioner.
C. Duties and Powers of Officers:
i. The officers shall have the usual duties and powers
of their offices. They may be granted other duties
and powers by resolution of the Authority.
ii. Treasurers Duties: The
(1) shall receive, and
Authority monies;
(2) is responsible for
treasurer;
treasurer:
is responsible for, all
the acts of the assistant
(3) shall disburse money by check only;
(4) shall keep an account of the source of all
receipts, and the nature, purpose and
authority of all disbursements; and
(5) shall file the Authorities detailed financial
statement with its secretary at least once a
year at times to be set by the Authority.
Assistant Secretary: The assistant treasurer has
the powers and duties of the treasurer if the
treasurer is absent or disabled.
iv. Treasurers Bond: The treasurer shall give bond to
the state conditioned for the faithful discharge of
official duties. The said bond shall be approved
as to form and surety by resolution of the
Authority and shall be for twice the amount of
money likely to be on hand at any one time as
determined annually by the Authority. In no case
shall the bond exceed $300,000.
V. Public Money: Authority money is public money.
V1. Checks: All Authority checks must be signed by the
treasurer and one other officer named by resolution
of the Authority. The check must state the name of
the payee and the nature of the claim for which
the check is issued.
d. Financial Statement:
i. Contents: The Authority's financial statement must
r
I
show all receipts and disbursement, their nature,
the money on hand, the purposes to which the money
on hand is to be applied, the authorities credits
and assets and its outstanding liabilities in the
form required for the financial statements of the
City of Otsego.
ii. Examination and Approval: The Authority shall
examine the financial statement along with the
treasurers vouchers. If the Authority finds the
financial statement and vouchers are correct the
Authority shall approve them by resolution and
enter the said resolution in its records.
4. EmplOvees. Services and Supplies:
a. Employees: The Authority may employ an executive
director, a chief engineer, other technical experts and
agents and other employees as it may require and
determine their duties, qualifications and compensation.
b. Contracts for Services: The Authority -may contract for
the services of consultants, agents, public accountants
and other persons needed to perform its duties and
exercise its powers.
C. Legal Services: The Authority shall use the services of
the City Attorney and said City Attorney shall serve as
its chief legal advisor.
d. Supplies: The Authority may purchase the supplies and
materials it needs to carry out its duties and exercise
its authority as prescribed by this resolution and
Minnesota Statue 469.090 to 469.108, as amended.
e. City Purchasincx: The Authority may use the facilities of
the City of Otsego in connection with construction work
and to purchase equipment, supplies or materials.
f. City Facilities and Services: The City of Otsego may
furnish any offices, structures and space, and
stenographic, clerical, engineering or other assistance
to the Authority required in the performance of its
duties or the exercise of its powers.
5. Conflict of Interest: Except as authorized in Minnesota
Statute 471.88 a Commissioner, officer or employee of the
Authority shall not acquire any financial interest, direct or
indirect, in any project or any property included or planned
to be included in any project, nor shall the said party have
an financial interest, direct or indirect, in any contract or
proposed contract for materials or service to be furnished or
used in connection with any project.
6. Depositories Default and Collateral:
I
a. Depositories: Every two years the Authority shall name
a national or state chartered bank located within the
State of Minnesota as a depository. Before acting as a
depository the named bank shall give the Authority a bond
approved as to form and surety by the Authority. The
said bond shall be conditioned for the safekeeping and
prompt repayment of all deposits and shall be at least
equal in amount to the maximum sums expected to be
deposited at any one time. The Authority may deposit all
funds from any source in one account.
b. Liability for Deposits: When Authority funds are
deposited in a bonded depository, the treasurer and the
surety of the treasurer official bond are exempt from
liability for the los of those said deposits because of
the failure, bankruptcy or other act or default of the
depository. The Authority may accept assignments of
collateral from its depository to secure deposits just as
assignments of collateral are permitted by law to secure
deposits of the City of Otsego.
7. Obligations:
a. Taxes and Assessments Prohibited: The Authority must not
levy a tax or special assessment, except as otherwise
provided in Minnesota Statutes 469.090 to 469.108, pledge
the credit of the State of Minnesota or the City of
Otsego or incur an obligation enforceable on any property
not owned by the Authority.
b. Budget to the City: Annually, at a time to be fixed by
resolution or ordinance of the City of Otsego, the
Authority shall send its budget to the Otsego City
Council. The budget must include a detailed written
estimate of the amount of money that the Authority
expects to need from the City of Otsego to do Authority
business during the next fiscal year. The needed amount
shall be that amount in excess of any expected receipts
from other sources.
C. Fiscal Year: The fiscal year of the Authority shall be
the same as the fiscal year of the City of Otsego.
d. Annual Report: Annually, at a time and in the form fixed
by the Otsego City Council, the Authority shall make a
written report to the Otsego City Council giving a
detailed account of the Authorities receipts and
expenditures during the preceding calendar year together
with additional matters and recommendations the Authority
deems advisable for the economic development of the City
of Otsego.
e. Audits: The financial statements of the Authority shall
be prepared, audited, filed and published or posted in
the manner required for the financial statements of the
City of Otsego. The Authorities financial statements
shall be such form to permit comparison and
reconciliation with the City of Otsego accounts and
financial reports. The above said financial report shall
be filed with the state auditor by June 30 of each year.
The auditor shall review the Authorities financial report
and may accept it or, in the public interest, audit the
books of the Authority.
f. Compliance Examinations: At the request of the City of
Otsego, or on the state auditor's initiative, the state
auditor may make a legal compliance examination of the
Authority for the City of Otsego in accordance with
Minnesota Statute 469.100, Subdivision 6, as amended.
8. Bowers
Bonds. of the Authority, General obligation Bonds. Revenue
a. Owers: The Authority shall have all of the powers
listed and granted in Minnesota Statute 469.101, as
amended.
b. General Obligation Bonds: The Authority shall have the
authority to issue such bonds in the amounts and by the
process established by Minnesota Statute 469.102, as
amended.
C. Revenue Bonds: The Authority shall have the authority to
issue such bonds in the amounts and by the process
established by Minnesota Statute 469.103, as amended.
9. City Tax Levy -
a. The City �of Otsego may levy a tax in any year for the
benefit of the authority. The said tax must not be more
that 0.01813 percent of the taxable market value. The
amount levied must be paid by the City of Otsego
treasurer to the treasurer of the Authority to be spent
by the Authority.
b. The Authority shall request the levy of the above said
tax in a manner set by the City Council.
C. The City of Otsego may increase its levy for the
Authority's purposes in accordance with Minnesota Statute
469.107, Subdivision 2, as amended.
EDA4A
t
The following is a List of exceptions when
P an EDA may contract for goods or services with a board
member or officer of the EDA who has a financial interest in a project. Approval of this action must
be passed by a unanimous vote of the EDA Board with the affected board member abstaining from
the vote on the resolution!
1. When an officer or a board member is employed by a bank or
savings ciation that serves as
the FDA's depository or as a source of borrowing, and that board member ohas an interest either
direct or indirect, no restrictions apply. However, if a board member or officer does have a direct
or indirect interest as a director or an employee of the bank or savings association, he or she must
make that disclosure and enter it into the minutes of the EDA. This disclosure serves as notice
' of the board member's interest and does not need to be made on future transactions with that
designated financial institution.
2. When a board member of the EDA is employed by'a bank that is engaged in making loans or
Performing trust services involving real or personal property affected by any plan of the EDA,
there is no restriction that applies to the loans made or trust services performed by the board
members bank if he or she discloses the nature of the loans or trust services that the board member
has personal knowledge of. This disclosure must be entered in the minutes of the EDA.
notices and minutes, and a board member has an interest in the paper. 3. If the EDA has designated an official newspaper, or publication where it publishes its public
4. If the EDA enters into a contract with a cooperative association where a board member is a
shareholder or stockholder, but not an officer or manager.
5. A contract for which competitive bids are not required by law and where the amount does not
exceed $5,000.
6. Contracts for goods or services when consideration does not exceed $5,000 in any year and the
contracting governmental unit has a population of less than 5,000.
7. When an EDA board member is engaged in or employed by a firm that is in the business of
importing or exporting or general trade, the EDA may enter into business transactions with the
Board member or the Board member's employer provided that the board member abstains from
voting on any resolution that sets rates affecting shippers or users of an EDA -owned facility."
Mnnasota Statute 471.88
WMnQSota Statute 471.88
20
MN -STAT -AN - MSA S 469.095, Commissioners; appointment, terms, vacancies, pay, removal
------------ Excerpt from page 69292 follows
469.095. Commissioners; appointment, terms, vacancies, pay, removal
Subdivision 1. Commissioners. Except as provided in subdivision 2, paragraph (d), an
economic development authority shall consist of either three, five, or seven commissioners who
shall be appointed after the enabling resolution provided for in section 469.093 becomes
effective. The resolution must indicate the number of commissioners constituting the authority.
Subd. 2. Appointment, terms; vacancies. (a) Three-member authority: the commissioners
constituting a three-member authority, one of whom must be a member of the city council, shall
be appointed by the mayor with the approval of the city council. Those initially appointed
shall be appointed for terms of two, four, and six years, respectively. Thereafter all
commissioners shall be appointed for six-year terms.
(b) Five -member authority: the commissioners constituting a five -member authority, two of
whom must be members of the city council, shall be appointed by the mayor with the approval of
the city council. Those initially appointed shall be appointed for terms of two, three, four,
five, and six years respectively. Thereafter all commissioners shall be appointed for six-year
terms.
(c) Seven -member authority: the commissioners constituting a seven -member authority, two of
whom must be members of the city council, shall be appointed by the mayor with the approval of
the city council. Those initially appointed shall be appointed for terms of one, two, three,
four, and five years respectively and two members for six years. Thereafter all commissioners
shall be appointed for six-year terms.
(d) The enabling resolution may provide that the members of the city council shall serve as
the commissioners.
(e) The enabling resolution may provide for the appointment of members of the city council
in excess of the number required in paragraphs (a), (b), and (c).
(f) A vacancy is created in the membership of an authority when a city council member of the
authority ends council membership. A vacancy for this or another reason must be filled for the
balance of the unexpired term, in the manner in which the original appointment was made. The
ity council may set the term of the commissioners who are members of the city council to
coincide with their term of office as members of the city council.
------------ Excerpt from page 69293 follows ----
Subd. 3. Increase in commission members. An authority may be increased from three to five
or seven members, or from five to seven members by a resolution adopted by the city council
following the procedure provided for modifying the enabling resolution in section 469.093.
Subd. 4. Compensation and reimbursement. A commissioner, including the president, shall be
paid for attending each regular or special meeting of the authority in an amount to be
determined by the city council. In addition to receiving pay for meetings, the commissioners
maX be reimbursed for actual expenses incurred in doing official business of the authority. All
money paid for compensation or reimbursement must be paid out of the authority's budget.
Subd. 5. Removal for cause. A commissioner may be removed by the city council for
inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only
after a hearing. A copy of the charges must be given to the commissioner at least ten days
before the hearing. The commissioner must be given an opportunity to be heard in person or by
counsel at the hearing. When written charges have been submitted against a commissioner, the
city council may temporarily suspend the commissioner. If the city council finds that those
charges have not been substantiated, the commissioner shall be immediately reinstated. If a
commissioner is removed, a record of the proceedings, together with the charges and findings,
shall be filed in the office of the city clerk.
Copyright (c) West Group 1998 No claim to original U.S. Govt, works
23 Sep 1998 Claims List Page 1
Wed 10:59 PM CITY OF OTSEGO
Name
Batch Name 092398
AUDIO COMMUNICATIONS
BREZE INDUSTRIES
CONSTRUCTION BULLETIN
CORROW TRUCKING
CORROW TRUCKING
CORROW TRUCKING
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
EAST SIDE LEASING CO
ELECTION SYSTEMS & SOFTWARE
H G WEBER OIL COMPANY
LEAGUE OF MN CITIES INS TRUST
LEAGUE OF MN CITIES INS TRUST
LYLE H NAGELL CO INC.
LYLE H NAGELL CO INC.
LYLE H NAGELL CO INC.
LYLE H NAGELL CO INC.
MENAROS
MINNESOTA MUTUAL
MINNESOTA MUTUAL
MN POLLUTION CONTROL
OMANN BROTHERS INC.
RASK HARLAND AND TERRY
SOFTRONICS
ST JOESPHS EQUIPMENT INC
S1 JOESPHS EQUIPMENT INC
STS CONSULTANT'S LTD
TRENT MACDONALD
TRENT MACDONALD
TRUCK TECHNOLOGIES
TRUCK TECHNOLOGIES
WRIGHT COUNTY HIGHWAY DEPT
Grand Total
Dept
Description
Hwys, Streets, & Roads
Hwys, Streets, & Roads
Sanitary Sewer Construction
General Govt Buildings -8899
Hwys, Streets, & Roads
Recycling
Sanitary Sewer Construction
Legal Services
Sanitary Sewer Construction
Sanitary Sewer Construction
Administration
Sanitary Sewer Construction
Sanitary Sewer Construction
Legal Services
Legal Services
Hwys, Streets, & Roads
Administration
Sanitary Sewer Construction
Legal Services
Administration
Administration
Administration
Administration
Hwys, Streets, & Roads
Administration
Administration
Sanitary Sewer Construction
Sanitary Sewer Construction
Sanitary Sewer Construction
Sanitary Sewer Construction
Culture and Rec (GENERAL)
Administration
Hwys, Streets, & Roads
Hwys, Streets, & Roads
Hwys, Streets, & Roads
Old Town Hall
Administration
Hwys, Streets, & Roads
Hwys, Streets, & Roads
Park Improvements
Hwys, Streets, & Roads
Hwys, Streets, & Roads
Hwys, Streets, & Roads
Comments
Part for radio
Ear Plugs
Water Tower Bid Advert
September Service
September Service
August Recycling
Dauphinais Condemnation
Thein Well
Credit for Tape
Water Tower
1998 Bonds
Apex
Lahn Condemnation
Dayton Sewer Agreement
Assessor's Contract
Elementary Well
Odean Ave Project
Lin -Bar Estates
Wastewater Treatment
August Services
Heritage Hills
Long Haul Truckimg
September rental
Secrecy Sleeves
Diesel
09-25-98 to 9-25-99
09-25-98 to 9-25-99
Brisbin/Pouliot/Cota app
Sebeck app/meeting
Benesh/D&Y appraisals
Swiggum/Zachman/Cots app
Haunted House
Prem due 10-1-98
Prem due 10-1-98
Odean Ave Project
Ground shingles
Paint rep ceiling Old Twn
Monitor/labor
Parts
Parts
Bike Path/Const Tech
Damage Deposit Refund
Less Bldg Super hours
1994 Ford repair
1980 Ford repair
Signs and supplies
Transaction Batch
Amount Name
234.98 092398
106,50 092398
239.25 092398
48.50 092398
10.00 092398
1,368.75 092398
236.50 092398
195.50 092398
-10.00 092398
100.80 092398
42.50 092398
357.00 092398
1,037.20 092398
665.5002398
42.50 092398
654.50 092398
327.40 092398
46.00 092398
654.50 092398
2,074.50 092398
248.40 092398
170.00 092398
237.92 092398
25.72 092398
506.19 092398
15,476.00 092398
500.00 092398
600.00 092398
400.00 092398
400.00 092398
600.00 092398
206.16 092398
22.75 092398
29.60 092398
115.00 092398
1,341.90 092398
1,453.67 092398
337.55 092398
166.88 092398
40.92 092398
411.80 092398
400.00 092398
-60.00 092398
516.63 092398
190.57 092393
130.80 092393
32,900.84
28 Sep 1498 Claims List Page 1
Mon 11:30 AM CITY OF OTSEGO
Grand Total
Transaction Batch
Amount Name
19,000.00 092898
9,142.50 092898
192.31 092898
499.31 092898
-100.00 09,898
400.00 092898
187.71 092898
128.16 092898
289.64 092898
50.00 092898
29,789.63
Dept
Name
Description
Comments
Name 092898
_..,� OF ELK RIVER
Water Utilities (GENERAL)
Principal due 10-1-98
3ANK OF ELK RIVER
Water Utilities (GENERAL)
Interest due 10-1-98
ICMA RETIREMENT TRUST
Administration
PPE 9/19/98
!CMA RETIREMENT TRUST
PPE 9/19/98
KIM AYRES
Less Supervisor Fees
KIM AYRES
Damage Deposit Refund
PUBLIC EMPLOYEES RETIREMENT
FD Administration
PPE 9/19/98
PUBLIC EMPLOYEES RETIREMENT
FD Hwys, Streets, & Roads
PPE 9/19/98
PUBLIC EMPLOYEES RETIREMENT
FD
PPE 9/19/98
STATE CAPITAL CREDIT UNION
ACT# 141923
Grand Total
Transaction Batch
Amount Name
19,000.00 092898
9,142.50 092898
192.31 092898
499.31 092898
-100.00 09,898
400.00 092898
187.71 092898
128.16 092898
289.64 092898
50.00 092898
29,789.63