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02-13-12 CC
CLAIMS LIST CITY COUNCIL MEETING FEBRUARY 13, 2012 TO: Tami Loff ITEM 3-1 Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER 01-25-2012 $ 1,822.22 Check # 51174 01-31-2012 $ 160,836.28 Check # 51175 - # 51207 01-31-2012 $ 6,055.75 Check # 51208 - # 51213 02-08-2012 $ 127,852.34 Check # 51214 - # 51254 VOIDED CHECKS 01-25-2012 $ (1,822.22) Check # 51070 PAYROLL 01-25-2012 $ 33,157.21 02-08-2012 $ 35,142.73 WIRE TRANSFERS (BOND PAYMENTS) None ELECTRONIC PYMTS FOR Bldg Permit Surcharge $ 0.00 Century Link $ 0.00 Centerpoint Energy $ 0.00 Dept. of Revenue -Fuel Tax $ 0.00 Dept. of Revenue -Sales Tax $ 0.00 Elk River Utilities $ 0.00 Wright -Hennepin $ 0.00 Delta Dental $ 0.00 Total: $ GRAND TOTAL $ 363,044.31 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper Name 10100 BANK OF ELK RIVER Paid Chk# 051174 PROHOME SERVICES, LLC CITY OF OTSEGO *Check Summary Register© JANUARY 2012 Check Date Check Amt 01/25/12 3:23 PM Page 1 1/19/2012 $1,822.22 OTSEGO COMM PK ESC REF Total Checks $1,822.22 CITY OF OTSEGO 01/25/12 3:23 PM Page 1 *Check Detail Register© JANUARY 2012 Check Amt Invoice Comment 10100 BANK OF ELK RIVER " �,� �11RF�. �_A—Y P O Paid Chk#051070 12/29/2011 TODAY PROPERTIES INC G 701-21938 TMH Development ($1,822.22) VOID CHECK#51070 Total TODAY PROPERTIES INC ($1,822.22) Paid Chk# 051174 1/19/2012 TODAY PROPERTIES INC G 701-21938 TMH Development $1,822.22 701-21938A OTSEGO COMM PK ESC REF Total TODAY PROPERTIES INC $1,822.22 10100 BANK OF ELK RIVER $0.00 Fund Summary 10100 BANK OF ELK RIVER 701 DEVELOPMENT ESCROWS FUND $0.00 yU.UU CITY OF OTSEGO 01/31/12 9:48 AM Page 1 *Check Summary Register© JANUARY 2012 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 051175 194 WEST CHAMBER OF COMM 1/25/2012 $20.00 LICHT RESERVATION - STATE OF T Paid Chk# 051176 PUBLIC EMPLOYEES RETIREME 1/25/2012 $4,610.27 #677600 PPE 1/21/12 Paid Chk# 051177 ICMA RETIREMENT TRUST 1/25/2012 $675.00 PLAN #304185 Paid Chk# 051178 ALLIANCE BENEFIT GROUP HSA 1/25/2012 $463.47 PPE 1/21/12 CH DTD 1/25/12 Paid Chk# 051179 ABDO EICK & MEYERS LLP 1/31/2012 $2,400.00 AUDIT SERVICES Paid Chk# 051180 CERTIFIED LABORATORIES 1/31/2012 $247.66 PREMALUBE Paid Chk# 051181 CITY OF ELK RIVER 1/31/2012 $87,907.52 1ST HALF 2012 FIRE CONTRACT Paid Chk# 051182 CIVIC SYSTEMS, LLC 1/31/2012 $1,037.00 1/1/12 - 6/30/12 SOFTWARE SUPP Paid Chk# 051183 GLTC PREMIUM PAYMENTS 1/31/2012 $80.92 LONG TERM CARE INS Paid Chk# 051184 CONSTRUCTION BULLETIN 1/31/2012 $322.00 AD FOR BIDS - 70TH ST (MF TO M Paid Chk# 051185 ECM PUBLISHERS INC 1/31/2012 $450.00 AD FORBIDS -70TH ST (MF TO Paid Chk# 051186 ELK RIVER WINLECTRIC CO. 1/31/2012 $110.79 REPLACEMENT ST LIGHT BULBS/LAM Paid Chk# 051187 ESRI, INC. 1/31/2012 $405.50 ARCVIEW ANNUAL MAINT 5/1/12 - Paid Chk# 051188 FASTENAL COMPANY 1/31/2012 $21.29 MISC OPERATING SUPPLIES Paid Chk# 051189 HOMES PLUS 1/31/2012 $61.64 UTIL REFUND - 14792 76TH Paid Chk# 051190 MENARDS 1/31/2012 $293.17 MAT'L FOR IRRIG STORAGE BOX Paid Chk# 051191 MERIT CUSTOM HOMES 1/31/2012 $2,000.00 11405 72ND - LNDSCP ESC REF Paid Chk# 051192 MINNESOTA COPY SYSTEMS 1/31/2012 $101.60 TOSHIBA ESTUDIO 45 MAINT/COPIE Paid Chk# 051193 NASASP 1/31/2012 $39.00 GARY GROEN - MEMBERSHIP DUES Paid Chk# 051194 NEWMAN TRAFFIC SIGNS 1/31/2012 $221.26 SIGN MAT'L Paid Chk# 051195 NEXTEL COMMUNICATIONS 1/31/2012 $416.55 CELL PHONES Paid Chk# 051196 NORTH STAR AWARDS & TROP 1/31/2012 $13.89 2) POLICE COMM NAME PLATES Paid Ciik# 051197 OFFICEMAX - A BOISE CO 1/31/2012 $359.04 OFFICE SUPPLIES Paid Chk# 051198 PEOPLE SERVICE INC. 1/31/2012 $47,278.00 MONTHLY SERVICE Paid Chk# 051199 PURCHASE POWER 1/31/2012 $800.00 POSTAGE Paid Chk# 051200 RANDY'S SANITATION 1/31/2012 $1,186.26 13400 90TH ST Paid Chk# 051201 RICOH AMERICAS CORPORATIO 1/31/2012 $379.43 RICOH COPIER LEASE Paid Chk# 051202 RICOH AMERICAS CORPORATIO 1/31/2012 $311.70 WIDE FORMAT PRINTER Paid Chk# 051203 STANDARD INSURANCE CO 1/31/2012 $737.96 #150697 FEB LIFE INS Paid Chk# 051204 TARGET BANK 1/31/2012 $11.63 SUPPLIES Paid Chk# 051205 US INTERNET 1/31/2012 $51.25 SECURENCE Paid Chk# 051206 XCEL ENERGY 1/31/2012 $5,984.23 17388 52ND Paid Chk# 051207 ZIEGLER INC 1/31/2012 $1,838.25 CAT DOZER RENTAL Total Checks $160,836.28 CITY OF OTSEGO 01/31/12 9:49 AM Page 1 *Check Detail Register© JANUARY 2012 Paid Chk# 051187 1/31/2012 ESRI, INC. Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 051175 1/25/2012 194 WEST CHAMBER OF COMMERCE TP - E 101-41400-360 Education/Training/Conferences $20.00 LICHT RESERVATION - STATE OF THE CITIES fotal 194 WEST CHAMBER OF COMMERCE $20.00 ----- Paid Chk# 051176 1/25/2012 PUBLIC EMPLOYEES RETIREMENT FD E 101-43100-121 PERA $1,141.28 #677600 PPE 1/21/12 E 101-41400-121 PERA $577.56 #677600 PPE 1/21/12 E 101-41600-121 PERA $529.05 #677600 PPE 1/21/12 E 601-49400-121 PERA $50.17 #677600 PPE 1/21/12 E 602-49450-121 PERA $50.16 #677600 PPE 1/21/12 E 250-42410-121 PERA $127.66 #677600 PPE 1/21/12 G 101-21704 PERA $2,134.39 #677600 PPE 1/21/12 AM PUBLIC EMPLOYEES RETIREMENT FD $4,610.27 Paid Chk# 051177 1/25)2012 ICMA RETIREMENT TRUST n�- G 101-21705 Other Retirement $675.00 PPE 1/21/12 PLAN #304185 Total ICMA RETIREMENT TRUST $675.00 Paid Chk# 051178 1/25/2012 ALLIANCE BENEFIT GROUP G 101-21706 Hospitalization/Medical Ins $463.47 PPE 1/21/12 CH DTD 1/25/12 Total ALLIANCE BENEFIT GROUP $463.47 Paid Chk# 051179 1/31/2012 ABDO ABDO EICK & MEYERS LLP E 101-41600-304 Accounting & Auditing $2,400.00 287631 AUDIT SERVICES Total ABDO ABDO EICK & MEYERS LLP $2,400.00 Paid Chk# 051180 1/31/2012 CERTIFIED LABORATORIES E 101-43100-210 Operating Supplies (GENERAL) $247.66 598540 PREMALUBE Total CERTIFIED LABORATORIES $247.66 Paid Chk# 051181 1/31/2012 CITY OF ELK RIVER E 101-42200-390 Contracted Services $87,907.52 201201172741 1 ST HALF 2012 FIRE CONTRACT Total CITY OF ELK RIVER $87,907.52 Paid Chk# M51182 1/31/2012 CIVIC SYSTEMS, LLC E 602-49450-390 Contracted Services $518.50 CVC9009 1/1/12 - 6/30/12 SOFTWARE SUPPORT E 601-49400-390 Contracted Services $518.50 CVC9009 1/1/12 - 6/30/12 SOFTWARE SUPPORT Total CIVIC SYSTEMS, LLC $1,037.00 Paid Chk# 051183 1/31/2012 CNA, LTC G 101-21705 Other Retirement $80.92 1026182 LONG TERM CARE INS Total CNA, LTC $80.92 Paid Chk# 051184 1/31/2012 CONSTRUCTION BULLETIN E 403-43100-351 Legal Notices Publishing $161.00 63969 AD FOR BIDS - 70TH ST (MF TO MARLOWE) E 403-43100-351 Legal Notices Publishing $161.00 64074 AD FOR BIDS - 70TH ST (MF TO MARLOWE) Total CONSTRUCTION BULLETIN $322.00 Paid Chk# 0511851/3112012 ECM PUBLISHERS INC E 403-43100-351 Legal Notices Publishing $450.00 IC344858 AD FOR BIDS - 70TH ST (MF TO MARLOWE) Total ECM PUBLISHERS INC $450.00 Paid Chk# 051186 1/31/2012 ELK RIVER WINLECTRIC CO. E 225-43160-220 Repair/Maint Supply (GENERAL) $110.79 173568-00 REPLACEMENT ST LIGHT BULBS/LAMPS Total ELK RIVER WINLECTRIC CO. $110.79 Paid Chk# 051187 1/31/2012 ESRI, INC. CITY OF OTSEGO 01/31/12 9:49 AM Page 2 *Check Detail Register© JANUARY 2012 Check Amt Invoice Comment E 101-41400-391 GIS Services $405.50 92440631 ARCVIEW ANNUAL MAINT 5/1/12 - 4/30/13 Total ESRI, INC. $405.50 Paid Chk# 051188 1/31/2012 FASTENAL COMPANY E 101-43100-210 Operating Supplies (GENERAL) $21.29 MNELK35016 MISC OPERATING SUPPLIES Total FASTENAL COMPANY $21.29 Paid Chk# 051189 1/31/2012 HOMES PLUS R 601-37150 WATER SALES $61.64 UTIL REFUND - 14792 76TH Total HOMES PLUS $61.64 Paid Chk# 051190 1/31/2012 MENARDS E 101-45200-210 Operating Supplies (GENERAL) $153.79 34288 MAT'L FOR IRRIG STORAGE BOX E 101-43100-210 Operating Supplies (GENERAL) $53.94 35731 CLEANING SUPPLIES E 101-45200-220 Repair/Maint Supply (GENERAL) $85.44 35732 BRUSH ON LINER KIT Total MENARDS $293.17 Paid Chk# 051191 1/31/2012 MERIT CUSTOM HOMES E 702-41400-310 Miscellaneous $1,000.00 11405 72ND - LNDSCP ESC REF E 702-41400-310 Miscellaneous $1,000.00 11429 72ND - LNDSCP ESC REF Total MERIT CUSTOM HOMES $2,000.00 Paid Chk# 051192 1/31/2012 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rentals $80.22 82856 TOSHIBA ESTUDIO 45 MAINT/COPIES E 101-43100-413 Office Equipment Rentals $21.38 82856 TOSHIBA ESTUDIO 282 MAINT/COPIES Total MINNESOTA COPY SYSTEMS $101.60 Paid Chk# 051193 1/31/2012 NASASP E101-41400-355 Dues & Memberships $39.00 GARY GROEN - MEMBERSHIP DUES Total NASASP $39.00 Paid Chk# 051194 1/31/2012 NEWMAN TRAFFIC SIGNS E 101-43100-393 Sign & Signal Mat'] Purchased $221.26 TI -0244397 SIGN MAT'L Total NEWMAN TRAFFIC SIGNS $221.26 Paid Chk# 051195 1/31/2012 NEXTEL COMMUNICATIONS E 250-42410-320 Telephone $137.22 184430382-05 CELL PHONES E 101-43100-320 Telephone $279.33 184430382-05 CELL PHONES Total NEXTEL COMMUNICATIONS $416.55 Paid Chk# 051196 1/31%2012 NORTH STAR AWARDS E 101-42150-203 Other Supplies $13.89 3543 2) POLICE COMM NAME PLATES Total NORTH STAR AWARDS $13.89 Paid Chk# 051197 1/31/2012.- OFFICEMAX_R E 601-49400-201 Office Supplies and Expenses $66.01 222860 OFFICE SUPPLIES E 602-49450-201 Office Supplies and Expenses $66.00 222860 OFFICE SUPPLIES E 101-41400-201 Office Supplies and Expenses $122.13 414646 OFFICE SUPPLIES E 101-41400-201 Office Supplies and Expenses $24.11 67708 OFFICE SUPPLIES E 101-41600-201 Office Supplies and Expenses $80.79 67708 OFFICE SUPPLIES Total OFFICEMAX $359.04 Paid Chk# 051198 1/31/2012 PEOPLE SERVICE INC. E 601-49400-390 Contracted Services $14,703.46 18863 MONTHLY SERVICE E 602-49450-390 Contracted Services $32,574.54 18863 MONTHLY SERVICE Total PEOPLE SERVICE INC. $47,278.00 Paid Chk# 051199 1!31/2012 PURCHASE POWER E 101-41400-206 Postage $800.00 POSTAGE CITY OF OTSEGO 01/31/129:49 AM Page 3 *Check Detail Register© JANUARY 2012 Paid Chk# 051205 1/31/2012 US INTERNET E 101-41400-390 Contracted Services Check Amt Invoice Comment 222 Citywide Stormwater(NPDES II) Total PURCHASE POWER $800.00 $110.79 Paid Chk# 051200 1/31/2012 RANDY'S SANITATION 403 COLLECTOR RDS (FORMERLY MSA) $772.00 E 101-43100-325 Garbage Service $1,050.03 13400 90TH ST E 101-41940-325 Garbage Service $136.23 8899 NASHUA AVE E 602-49450-322 Total RANDY'S SANITATION $1,186.26 17388 52ND Paid Chk# 051201 1/31/2012 RICOH AMERICAS CORPORATION $1,473.25 E 101-41400-413 Office Equipment Rentals $379.43 14306012 RICOH COPIER LEASE Total RICOH AMERICAS CORPORATION $379.43 Paid Chk# 051202 1/31/2012 RICOH AMERICAS CORPORATION Rentals (GENERAL) E250-42410-410 Rentals (GENERAL) $311.70 14306013 WIDE FORMAT PRINTER Total RICOH AMERICAS CORPORATION $311.70 10100 BANK OF ELK RIVER Paid Chk# 051203 1/31/2012 STANDARD INSURANCE 7E6 E 602-49450-130 Employer Paid Ins (GENERAL) $13.41 #150697 FEB LIFE INS E 101-41400-130 Employer Paid Ins (GENERAL) $131.78 #150697 FEB LIFE INS E 101-41600-130 Employer Paid Ins (GENERAL) $157.39 #150697 FEB LIFE INS E 101-43100-130 Employer Paid Ins (GENERAL) $350.29 #150697 FEB LIFE INS E 250-42410-130 Employer Paid Ins (GENERAL) $71.67 #150697 FEB LIFE INS E 601-49400-130 Employer Paid Ins (GENERAL) $13.42 #150697 FEB LIFE INS Total STANDARD INSURANCE CO $737.96 Paid Chk# 051204 1/31/2012 TARGET BANK E 101-41400-201 Office Supplies and Expenses $11.63 24560866838 SUPPLIES Total TARGET BANK $11.63 Paid Chk# 051205 1/31/2012 US INTERNET E 101-41400-390 Contracted Services $51.25 964338 SECURENCE 222 Citywide Stormwater(NPDES II) Total US INTERNET _ $51.25 $110.79 Paid Chk# 051206 1/31/2012 XCEL ENERGY 403 COLLECTOR RDS (FORMERLY MSA) $772.00 E 602-49450-322 Utilities $4,321.20 5850 RANDOLPH E 602-49450-322 Utilities $124.72 16935 56TH E 602-49450-322 Utilities $65.06 17388 52ND E 601-49400-322 Utilities $1,473.25 5750 RANDOLPH - WELL #3 Total XCEL ENERGY $5,984.23 Paid Chk# 051207 1/31/2012 ZIEGLER INC E 222-49490-410 Rentals (GENERAL) $1,838.25 K1396501 CAT DOZER RENTAL Total ZIEGLER INC $1,838.25 10100 BANK OF ELK RIVER $160,836.28 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $100,846.95 222 Citywide Stormwater(NPDES II) $1,838.25 225 Street Light Utility Fee $110.79 250 Comm. Dev. & Bldg Safety $648.25 403 COLLECTOR RDS (FORMERLY MSA) $772.00 601 WATER FUND $16,886.45 602 SEWER FUND $37,733.59 702 BUILDERS ESCROW FUND $2,000.00 $160,836.28 CITY OF OTSEGO *Check Summary Register© JANUARY 2012 Name Check Date Check Amt 10100 BANK OF ELK RIVER SAFETY CHAINS Paid Chk# 051208 JOHN DEERE FINANCIAL 1/31/2012 Paid Chk# 051209 CITY OF MONTICELLO 1/31/2012 Paid Chk# 051210 MN DEPT OF PUBLIC SAFETY 1/31/2012 Paid Chk# 051211 PETER TORRESANI 1/31/2012 Paid Chk# 051212 TREFOIL 1/31/2012 Paid Chk# 051213 WRIGHT COUNTY AUDITOR -TRE 1/31/2012 01/31/12 2:54 PM Page 1 $223.61 SAFETY CHAINS $577.13 DEC ANIMAL CONTROL $400.00 2011 HAZMAT FEE - WELL HOUSE # $152.62 SANTA DAY SUPPLIES $3,300.00 MCDONALD HOUSE PROJECT $1.402.39 DEC FINE/FEE DISB Total Checks $6,055.75 CITY OF OTSEGO 01/31/12 2:55 PM Page 1 *Check Detail Register© JANUARY 2012 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $5,655.75 601 WATER FUND $400.00 z5b,U55. /5 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 1008 R—U31/2012 JOHN DEERE FINANCIAL E 101-43100-210 Operating Supplies (GENERAL) $18.15 1090479 BAR OIL E 101-43100-240 Small Tools/Equipment $205.46 1090479 SAFETY CHAINS Total JOHN DEERE FINANCIAL $223.61 Paid Chk# 051209 1/31/2012 CITY OF MONTICELLO E 101-42710-390 Contracted Services $577.13 12223 DEC ANIMAL CONTROL Total CITY OF MONTICELLO $577.13 Paid Chk# 051210 1/31/2012 MN DEPT OF PUBLIC SAFETY E 601-49400-310 Miscellaneous $100.00 M-48646 2011 HAZMAT FEE - WELL HOUSE #1 E 601-49400-310 Miscellaneous $100.00 M-48651 2011 HAZMAT FEE - WELL HOUSE #2 E 601-49400-310 Miscellaneous $100.00 M-48653 2011 HAZMAT FEE - WELL HOUSE #3 E 601-49400-310 Miscellaneous $100.00 M-48657 2011 HAZMAT FEE - WELL HOUSE #4 Total MN DEPT OF PUBLIC SAFETY $400.00 Paid Chk# 051211 1/31/2012 TORRESANI, PETER E 101-45250-440 Recreation Programming $152.62 SANTA DAY SUPPLIES Total TORRESANI, PETER $152.62 Paid Chk# 051212 1/31/2012 TREFOIL E 101-41940-390 Contracted Services $3,300.00 34 MCDONALD HOUSE PROJECT Total TREFOIL $3,300.00 Paid Chk# 051213 1/31/2012 WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $1,402.39 DEC FINE/FEE DISB tal WRIGHT COUNTY AUDITOR -TREASURE $1,402.39 10100 BANK OF ELK RIVER $6,055.75 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $5,655.75 601 WATER FUND $400.00 z5b,U55. /5 CITY OF OTSEGO 02/08/12 10:42 AM Page 1 *Check Summary Register© FEBRUARY 2012 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 051214 AFFORDABLE SANITATION 2/8/2012 $198.09 PORTA RENTALS Paid Chk# 051215 FLEX ONE - AFLAC 2/8/2012 $42.00 FLEX FEES Paid Chk# 051216 AIRGAS NORTH CENTRAL 2/8/2012 $43.89 ACETYLENE/HAZMAT/OXYGEN Paid Chk# 051217 ALLIANCE BENEFIT GROUP HSA 2/8/2012 $1,296.87 PPE 2/4/12 CH DTD 2/8/12 Paid Chk# 051218 AUTOMATION, INC. 2/8/2012 $49.89 AUTO DRAIN KIT Paid Chk# 051219 BEAUDRY OIL & SERVICES INC. 2/8/2012 $6,558.00 GAS & OIL Paid Chk# 051220 BOYER TRUCKS 2/8/2012 $593.51 BANJO SEAL, SCREW, CORE CHARGE Paid Chk# 051221 CHARTER COMMUNICATIONS LL 2/8/2012 $119.00 MONTHLY SERVICE Paid Chk# 051222 CITY OF MONTICELLO 2/8/2012 $5,661.00 1ST QTR 2012 FIRE Paid Chk# 051223 CRABTREE COMPANIES, INC. 2/8/2012 $2,649.94 LASERFISCHE ANNUAL SOFTWARE PL Paid Chk# 051224 CROW RIVER FARM EQUIPMEN 2/8/2012 $64.61 MISC OPERATING SUPPLIES Paid Chk# 051225 DJ'S TOTAL HOME CENTER 2/8/2012 $56.69 SOFTENER/DRAIN SUPPLIES Paid Chk# 051226 ECM PUBLISHERS INC 2/8/2012 $142.50 LEGAL NOTICE - PUBLIC HEARING Paid Chk# 051227 ELK RIVER FORD INC 2/8/2012 $245.20 LINK ASSEMBLY Paid Chk# 051228 ELK RIVER WINLECTRIC CO. 2/8/2012 $18.53 SOCKETS FOR IN GROUND LUMINAIR Paid Chk# 051229 FINKEN'S WATER CENTERS 2/8/2012 $38.62 BOTTLED WATER Paid Chk# 051230 G & K TEXTILE LEASING SYSTE 2/8/2012 $546.00 MATS Paid Chk# 051231 GOPHER STATE ONE -CALL INC 2/8/2012 $53.75 LOCATE TICKETS Paid Chk# 051232 ICC, INC 2/8/2012 $125.00 MEMBERSHIP DUES Paid Chk# 051233 ICMA RETIREMENT TRUST 2/8/2012 $675.00 PLAN #304185 Paid Chk# 051234 LORI JOHNSON -WARNER 2/8/2012 $83.34 FEB DEPOSIT - HSA ACCT #448-98 Paid Chk# 051235 LEAGUE OF MN CITIES 2/8/2012 $135.00 PW HARASSMENT/RESPECT COURSES Paid Chk# 051236 TAMI LOFF 2/8/2012 $51.00 MILEAGE - SUPPLIES, ELECT TRAI Paid Chk# 051237 LONG & SONS 2/8/2012 $1,393.38 PUBLIC WORKS CLEANING Paid Chk# 051238 MACARTHUR LAW OFFICE LLC 2/8/2012 $6,927.50 BIOSOLIDS Paid Chk# 051239 MENARDS 2/8/2012 $66.91 PLUMBING FITTINGS Paid Chk# 051240 MN CITY/COUNTY MANAGEMEN 2/8/2012 $135.00 ANNUAL MEMBERSHIP - LORI JOHNS Paid Chk# 051241 NAPA AUTO PARTS 2/8/2012 $66.44 SHOP TOOLS Paid Chk# 051242 PUBLIC EMPLOYEES RETIREME 2/8/2012 $4,549.85 #677600 PPE 2/4/12 Paid Chk# 051243 ROYAL TIRE INC. 2/8/2012 $4,175.28 CAT GRADER TIRES Paid Chk# 051244 SCHINDLER ELEVATOR CORPO 2/8/2012 $639.24 2/1/12 - 1/31/13 SVC CONTRACT Paid Chk# 051245 SCHWAAB, INC 2/8/2012 $38.99 MAYOR'S SIGNATURE STAMP Paid Chk# 051246 STRATEGIC EQUIPMENT 2/8/2012 $21.90 COFFEE FILTERS Paid Chk# 051247 TERMINAL SUPPLY CO 2/8/2012 $265.15 SEALS, SWITCHES Paid Chk# 051248 THE PLANNING COMPANY LLC 2/8/2012 $11,460.00 GRC Paid Chk# 051249 W.W. GOETSCH ASSOCIATES IN 2/8/2012 $2,475.18 REPAIR LS #1, PUMP #1 Paid Chk# 051250 WRIGHT COUNTY AUDITOR -TRE 2/8/2012 $2,489.82 JAN FINE/FEE DISB Paid Chk# 051251 WRIGHT COUNTY AUDITOR -TRE 2/8/2012 $72,895.00 FEB SHERIFF PATROL Paid Chk# 051252 XCEL ENERGY 2/8/2012 $200.62 RIVERPOINTE LIGHTS Paid Chk# 051253 YALE MECHANICAL 2/8/2012 $280.00 REPAIRS - WELL HOUSE #2 CHEM R Paid Chk# 051254 ZIEGLER INC 2/8/2012 $324.65 CAT LOADER SUPPLIES Total Checks $127,852.34 CITY OF OTSEGO 02/08/1210:42 AM Page 1 *Check Detail Register© FEBRUARY 2012 Paid Chk# 051217 2/8/2012 ALLIANCE BENEFIT GROUP G 101-21706 Hospitalization/Medical Ins $463.47 E 101-41600-123 Health $250.02 E 101-43100-123 Health $500.04 E 250-42410-123 Health $83.34 Total ALLIANCE BENEFIT GROUP $1.296.87 Paid Chk# 051218 2/8/2012 AUTOMATION, INC. E 101-43100-402 Repairs/Maint Buildings $49.89 1-02541-0 Total AUTOMATION, INC. $49.89 Paid Chk# 051219 2/8!2012 BEAUDRY OIL & SERVICES INC. E 101-43100-202 Gas & Oil $6,558.00 768095 Total BEAUDRY OIL & SERVICES INC. $6.558.00 Paid Chk# 051220 2/8/2012 BOYER TRUCKS Check Amt Invoice Comment 10100 BANK OF ELK RIVER Repair/Maint Supply (GENERAL) E 101-43100-220 Paid Chk# 051214 2/8/2012 AFFORDABLE SANITATION Repair/Maint Supply (GENERAL) E 101-45200-410 Rentals (GENERAL) $198.09 10283 PORTA RENTALS Total AFFORDABLE SANITATION $198.09 CM107677R Paid Chk# 051215 2/8/2012 AFLAC -FLEX ONE Paid Chk# 051225 2/8/2012 DJ'S TOTAL HOME CENTER E 101-41400-390 Contracted Services $42.00 130102ER FLEX FEES 59221 Total AFLAC -FLEX ONE $42.00 $8.51 Paid Chk# 051216 2/8/2012 AIRGAS, INC. Repairs & Maint - Cont $42.00 E 101-43100-210 Operating Supplies (GENERAL) $43.89 105271902 ACETYLENE/HAZMAT/OXYGEN Total AIRGAS, INC. $43.89 Paid Chk# 051217 2/8/2012 ALLIANCE BENEFIT GROUP G 101-21706 Hospitalization/Medical Ins $463.47 E 101-41600-123 Health $250.02 E 101-43100-123 Health $500.04 E 250-42410-123 Health $83.34 Total ALLIANCE BENEFIT GROUP $1.296.87 Paid Chk# 051218 2/8/2012 AUTOMATION, INC. E 101-43100-402 Repairs/Maint Buildings $49.89 1-02541-0 Total AUTOMATION, INC. $49.89 Paid Chk# 051219 2/8!2012 BEAUDRY OIL & SERVICES INC. E 101-43100-202 Gas & Oil $6,558.00 768095 Total BEAUDRY OIL & SERVICES INC. $6.558.00 Paid Chk# 051220 2/8/2012 BOYER TRUCKS E 101-43100-220 Repair/Maint Supply (GENERAL) E 101-43100-220 Repair/Maint Supply (GENERAL) E 101-43100-220 Repair/Maint Supply (GENERAL) E 101-43100-220 Repair/Maint Supply (GENERAL) E 101-43100-220 Repair/Maint Supply (GENERAL) E 101-43100-220 Repair/Maint Supply (GENERAL) BANJO SEAL, SCREW, CORE CHARGE Total BOYER TRUCKS PPE 2/4/12 CH DTD 2/8/12 PPE 2/4/12 CH DTD 2/8/12 PPE 2/4/12 CH DTD 2/8/12 PPE 2/4/12 CH DTD 2/8/12 AUTO DRAIN KIT GAS & OIL $125.01 106478R BLOWER MOTOR $29.51 10717OR SWITCH $117.57 107199R VALVE $173.44 107204R SEAL, MANIFOLD, WASHER $199.42 107677R BANJO SEAL, SCREW, CORE CHARGE ($51.44) CM107677R CORE RETURN y, Paid Chk# 051221 2/8/2012 CHARTER COMMUNICATIONS E 101-41400-390 Contracted Services $119.00 MONTHLY SERVICE Total CHARTER COMMUNICATIONS $119.00 Paid Chk# 051222 2/8/2012 CITY OF MONTICELLO E 101-42200-390 Contracted Services $5,661.00 12229 1ST QTR 2012 FIRE Total CITY OF MONTICELLO $5,661.00 Paid Chk# 051223 2/8/2012 CRABTREE COMPANIES, INC. E 101-41400-390 Contracted Services $2,649.94 106662 Total CRABTREE COMPANIES, INC. $2,649.94 Paid Chk# 051224 2/8/2012 CROW RIVER FARM UI EQPMENT E101-43100-210 Operating Supplies (GENERAL) $64.61 152305 Total CROW RIVER FARM EQUIPMENT $64.61 Paid Chk# 051225 2/8/2012 DJ'S TOTAL HOME CENTER E 101-41940-220 Repair/Maint Supply (GENERAL) $6.18 59221 E101-45200-210 Operating Supplies (GENERAL) $8.51 59520 E 101-45200-400 Repairs & Maint - Cont $42.00 59617 Total DXS TOTAL HOME CENTER $56.69 LASERFISCHE ANNUAL SOFTWARE PLAN MISC OPERATING SUPPLIES SOFTENER/DRAIN SUPPLIES PR PK FLAGPOLE KEY CHAINSAW BLADE SHARPENING CITY OF OTSEGO 02/08/12 10:42 AM Page 2 *Check Detail Register© FEBRUARY 2012 PaidChk# 051228 2/8/20128 ELK RIVER WINLECTRIC CO. E 101-43100-402 Repairs/Maint Buildings $18.53 174473-00 SOCKETS FOR IN GROUND LUMINAIRES Total ELK RIVER WINLECTRIC CO. $18.53 Paid Chk# 051229 ~mm 2/8/2012 FINKEN'S WATER CARE E 101-41940-390 Contracted Services Check Amt Invoice Comment Paid Chk# 051226 2/8/2012 ECM PUBLISHERS INC Total FINKEN'S WATER CARE $38.62 E 101-41400-350 Print/Binding (GENERAL) $60.00 IC345125 LEGAL NOTICE - PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $82.50 IC345411 LEGAL NOTICE - PUBLIC HEARING $44.36 Total ECM PUBLISHERS INC $142.50 E 101-43100-225 Paid Chk# 051227 2/8/2012 ELK RIVER FORD INC 1043888776 UNIFORMS & MATS E101-43100-220 Repair/Maint Supply (GENERAL) $245.20 15016083 LINK ASSEMBLY MATS Total ELK RIVER FORD INC $245.20 $44.36 PaidChk# 051228 2/8/20128 ELK RIVER WINLECTRIC CO. E 101-43100-402 Repairs/Maint Buildings $18.53 174473-00 SOCKETS FOR IN GROUND LUMINAIRES Total ELK RIVER WINLECTRIC CO. $18.53 Paid Chk# 051229 ~mm 2/8/2012 FINKEN'S WATER CARE E 101-41940-390 Contracted Services $38.62 $675.00 BOTTLED WATER G 101-21706 Hospitalization/Medical Ins Total FINKEN'S WATER CARE $38.62 $83.34 Paid Chk# 051235 2/8/2012 LEAGUE OF MN CITIES Paid Chk# 051230 2/8/2012 G & K TEXTILE LEASING SYSTEM $135.00 156469 Total LEAGUE OF MN CITIES E 101-43100-225 Uniforms/Clothing Allowance $44.36 1043883876 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $111.29 1043888776 UNIFORMS & MATS E 101-41940-390 Contracted Services $133.60 1043888777 MATS E 101-43100-225 Uniforms/Clothing Allowance $44.36 1043893720 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $78.79 1043898633 UNIFORMS & MATS E 101-41940-390 Contracted Services $133.60 1043898634 MATS Total G & K TEXTILE LEASING SYSTEM $546.00 Paid Chk# 051231 2/8/2012 GOPHER STATE ONE -CALL INC E 101-41560-348 Maps $53.75 33047 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $53.75 Paid Chk# 051232 2/8/2012 ICC, INC E 250-42410-355 Dues & Memberships $125.00 MEMBERSHIP DUES Total ICC, INC $125.00 Paid Chk# 051233 2/8/2012 IC MA RETIREMENT TRUST G 101-21705 Other Retirement $675.00 PPE 2/4/12 Total ICMA RETIREMENT TRUST $675.00 Paid Chk# 051234 2/8/2012 JOHNSON -WARNER, LORI (HSA) G 101-21706 Hospitalization/Medical Ins $83.34 Total JOHNSON -WARNER, LORI (HSA) $83.34 Paid Chk# 051235 2/8/2012 LEAGUE OF MN CITIES Cleaning Services E 101-43100-360 Education/Training/Conferences $135.00 156469 Total LEAGUE OF MN CITIES $135.00 Paid Chk# 051236 2/8/2012 LOFF, TAMI 2/8%2012 MACARTHUR LAW OFFICE LLC E 101-41400-321 Mileage/Travel $51.00 Total LOFF, TAMI $51.00 Paid Chk# 051237 2/8/2012 LONG & SONS E 101-41940-389 Cleaning Services $748.13 12-035 E 101-41940-203 Other Supplies $281.87 12-035 E 101-43100-389 Cleaning Services $363.38 12-035 Total LONG & SONS $1,393.38 Paid Chk# 051238 2/8%2012 MACARTHUR LAW OFFICE LLC E 101-41700-301 Legal Services $1,364.00 PLAN #304185 FEB DEPOSIT - HSA ACCT #448-98887 PW HARASSMENT/RESPECT COURSES MILEAGE - SUPPLIES, ELECT TRAINING CITY HALL CLEANING CITY HALL SUPPLIES PUBLIC WORKS CLEANING REMINGTON COVES CITY OF OTSEGO 02/08/12 10:42 AM Page 3 *Check Detail Register© FEBRUARY 2012 Paid Chk# 051239 2/8/2012 MENARDS E 101-43100-402 Repairs/Maint Buildings $66.91 37558 Total MENARDS $66.91 Paid Chk# 051240 2/8/2012 MN CITY/COUNTY MANAGEMENT ASSO E 101-41400-355 Dues & Memberships $135.00 tal MN CITY/COUNTY MANAGEMENT ASSO $135.00 Paid Chk# 051241 2/8/2012 NAPA OF ELK RIVER INC PLUMBING FITTINGS ANNUAL MEMBERSHIP - LORI JOHNSON E 101-43100-220 Repair/Maint Supply (GENERAL) Check Amt Invoice Comment E 101-41700-301 Legal Services $435.00 HOSPITAL DISTRICT E 403-43100-301 Legal Services $72.50 70TH ST E 602-49450-301 Legal Services $304.50 BIOSOLIDS E 602-49450-301 Legal Services $116.00 BONESTROO E 101-41700-301 Legal Services $4,635.50 GENERAL Total MACARTHUR LAW OFFICE LLC $6,927.50 E 101-41400-121 Paid Chk# 051239 2/8/2012 MENARDS E 101-43100-402 Repairs/Maint Buildings $66.91 37558 Total MENARDS $66.91 Paid Chk# 051240 2/8/2012 MN CITY/COUNTY MANAGEMENT ASSO E 101-41400-355 Dues & Memberships $135.00 tal MN CITY/COUNTY MANAGEMENT ASSO $135.00 Paid Chk# 051241 2/8/2012 NAPA OF ELK RIVER INC PLUMBING FITTINGS ANNUAL MEMBERSHIP - LORI JOHNSON E 101-43100-220 Repair/Maint Supply (GENERAL) $26.71 601787 RELAY E 101-43100-240 Small Tools/Equipment $39.73 605090 SHOP TOOLS E 101-43100-220 Total NAPA OF ELK RIVER INC $66.44 94417-01 Paid Chk# 051242 2/8/2012 PUBLIC EMPLOYEES RETIREMENT FD $336.46 E 602-49450-121 PERA $50.16 #677600 PPE 2/4/12 E 250-42410-121 PERA $127.66 #677600 PPE 2/4/12 E 101-41600-121 PERA $529.05 #677600 PPE 2/4/12 E 101-41400-121 PERA $577.56 #677600 PPE 2/4/12 G 101-21704 PERA Planning Fees $2,106.41 #677600 PPE 2/4/12 E 101-43100-121 PERA $1,108.84 #677600 PPE 2/4/12 E 601-49400-121 PERA $50.17 #677600 PPE 2/4/12 )tal PUBLIC EMPLOYEES RETIREMENT FD $4.549.85 Paid Chk# 051243 2/8/2012 ROYAL TIRE INC. E101-43100-220 Repair/Maint Supply (GENERAL) $4,175.28 M010085265 CAT GRADER TIRES Total ROYAL TIRE INC. $4,175.28 Paid Chk# 051244 2/8/2012 SCHINDLER ELEVATOR CORPORATION E 101-43100-402 Repairs/Maint Buildings $639.24 8103109738 2/1/12 - 1/31/13 SVC CONTRACT tal SCHINDLER ELEVATOR CORPORATION $639.24 Paid Chk# 051245 2/8/2012 SCHWAAB, INC E 101-41400-201 Office Supplies and Expenses $38.99 896740 Total SCHWAAB, INC $38.99 Paid Chk# 051246 2/8/2012 STRATEGIC EQUIPMENT E 101-41400-201 Office Supplies and Expenses $21.90 1847138 Total STRATEGIC EQUIPMENT $21.90 Paid Chk# 051247 2/8/2012 TERMINAL SUPPLY CO, INC. E 101-43100-220 Repair/Maint Supply (GENERAL) $29.60 10183-00 E 101-43100-220 Repair/Maint Supply (GENERAL) $190.37 11476-00 E 101-43100-220 Repair/Maint Supply (GENERAL) $14.13 94417-01 E 101-43100-220 Repair/Maint Supply (GENERAL) $336.46 99850-00 E 101-43100-220 Repair/Maint Supply (GENERAL) ($305.41) 9991623 Total TERMINAL SUPPLY CO, INC. $265.15 Paid Chk# OS1248 2/8/2012 TPC E 101-41570-303 Planning Fees $200.00 636 E 101-41570-303 Planning Fees $2,300.00 637 E 101-41570-303 Planning Fees $1,150.00 638 MAYOR'S SIGNATURE STAMP COFFEE FILTERS SWITCH SEALS, SWITCHES CONNECTORS SEALED CONNECTORS, TOOLS TOOL & CONNECTOR KIT RETURN HOSPITAL CIP PARKS CITY OF OTSEGO 02/08/12 10:42 AM Page 4 *Check Detail Register© FEBRUARY 2012 Paid Chk# 051249 2/8/2012 W.W. GOETSCH ASSOCIATES INC E 602-49450-400 Repairs & Maint - Cont $2,475.18 88117 Check Amt Invoice Comment E 101-41570-303 Planning Fees $1,620.00 639 COMMUNITY PARKS E 101-41570-303 Planning Fees $500.00 640 HPC E 101-41570-303 Planning Fees $50.00 641 POLICIES E 101-41570-303 Planning Fees $450.00 642 CITY CODE E 403-43100-303 Planning Fees $250.00 643 MSA - 70TH ST E 101-41400-347 Newsletter $350.00 644 OTSEGO VIEW E 101-41570-303 Planning Fees $650.00 645 ECONOMIC DEVELOPMENT E 101-41570-303 Planning Fees $1,700.00 646 GENERAL E 601-49400-303 Planning Fees $200.00 646 GENERAL W/S E 101-41570-303 Planning Fees $1,500.00 647 MEETINGS E 250-42410-303 Planning Fees $240.00 648 GENERAL -CODE E 101-41570-303 Planning Fees $120.00 649 GRC G 701-22271 BARTHEL CUP $60.00 650 BARTHEL E 101-41570-303 Planning Fees $120.00 651 MISSISSIPPI COVE Total TPC $11,460.00 Paid Chk# 051249 2/8/2012 W.W. GOETSCH ASSOCIATES INC E 602-49450-400 Repairs & Maint - Cont $2,475.18 88117 REPAIR LS #1, PUMP #1 Total W.W. GOETSCH ASSOCIATES INC $2,475.18 250 Comm. Dev. & Bldg Safety Paid Chk# 051250 2/8%2012 WRIGHT COUNTY AUDITOR -TREASURE 2/8/2012 ZIEGLER INC E 101-42100-390 Contracted Services $2,489.82 JAN FINE/FEE DISB tal WRIGHT COUNTY AUDITOR -TREASURE $2,489.82 $127,852.34 Paid Chk# 051251 2/8/2012 WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $72,895.00 PATROL -12-2 FEB SHERIFF PATROL tal WRIGHT COUNTY AUDITOR -TREASURE $72,895.00 Paid Chk# 051252 2/8/2012 XCEL ENERGY E 101-43160-322 Utilities $200.62 RIVERPOINTE LIGHTS ;0LVV.oz $280.00 127224 REPAIRS - WELL HOUSE #2 CHEM ROOM $280.00 $292.05 PCO80346176 CAT LOADER SUPPLIES $32.60 PC080346256 CAT LOADER SUPPLIES $324.65 10100 BANK OF ELK RIVER Fund Summary Total XCEL ENERGY Paid Chk# 051253 2/8/2012 YALE MECHANICAL E 601-49400-400 Repairs & Maint - Cont 250 Comm. Dev. & Bldg Safety Total YALE MECHANICAL Paid Chk# 051254' 2/8/2012 ZIEGLER INC E 101-43100-210 Operating Supplies (GENERAL) E 101-43100-210 Operating Supplies (GENERAL) 701 DEVELOPMENT ESCROWS FUND Total ZIEGLER INC ;0LVV.oz $280.00 127224 REPAIRS - WELL HOUSE #2 CHEM ROOM $280.00 $292.05 PCO80346176 CAT LOADER SUPPLIES $32.60 PC080346256 CAT LOADER SUPPLIES $324.65 10100 BANK OF ELK RIVER Fund Summary $127,852.34 10100 BANK OF ELK RIVER 101 GENERAL FUND $123,417.83 250 Comm. Dev. & Bldg Safety $576.00 403 COLLECTOR RDS (FORMERLY MSA) $322.50 601 WATER FUND $530.17 602 SEWER FUND $2,945.84 701 DEVELOPMENT ESCROWS FUND $60.00 $127,852.34 ITEM 3-2 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JANUARY 23, 2012 6; 00 PM Call to Order. Acting Mayor Vern Heidner called the meeting to order at 6:00 PM. Roll Call: Acting Mayor Vern Heidner; Councilmembers: Dan Scharber, Doug Schroeder and Tom Darkenwald. Mayor Jessica Stockamp was absent. Staff: Lori Johnson, City Administrator; Gary Groen, Finance Director; and Tami Loff, City Clerk. Pledge of Allegiance: Acting Mayor Heidner led in the Pledge of Allegiance. 1. Open Forum. Heather Eidem, New River Medical Center Representative, gave an update on New River Medical Center activities. 2. Consider agenda approval. CM Scharber motioned to approve as written. Seconded by CM Schroeder. All in favor. Motion carried. 3. Consent Aaenda. (Non -controversial items). 3.1 Approve Claims List. 3.2 Approve January 9, 2012 City Council Meeting Minutes. 3.3 Approve January 9, 2012 Special City Council Meeting Minutes. 3.4 Approve Liquor License for CAP Financial LLC DBA Riverwood Inn & Conference Center. 3.5 Received minutes of the December 13, 2011 Police Commission Meeting. 3.6 Received minutes of the December 13, 2011 HPC Meeting. 3.7 Approve Resolution 2012-10 & 2012-11 supporting Wright County projects. CM Scharber motioned to approve. Seconded by CM Schroeder. All in favor. Motion carried. 4. Administration. 4.1 Approve Resolution 2012-09 refunding. Paul Donna, Northland Securities, presented the information regarding refinancing the General Obligation Improvement Bonds. Mr. Donna said if approved will bring back to the City Council February 27, 2012. CM Darkenwald said we will be going from current interest ranges 4.0-4.5% to .80-1.75% which would be a savings of $200,689. Mr. Donna said correct. CM Darkenwald motioned to approve Resolution 2012-09 approving the issuance of General Obligation crossover Refunding Improvement Bonds, Series 2012A to take action of this opportunity. Seconded by CM Scharber. All in favor. Motion carried. 5. City Council Reports and Updates. No items. 6. Staff Reports and Updates. City Administrator Johnson reminded the City Council of the State of the Cities meeting next Tuesday, January 31, 2012. City Council Meeting January 23, 2012. 7. Adjourn. CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion carried. Adjourned at 6:10 PM. ATTEST: Tami Loff, City Clerk Acting Mayor Vern Heidner ITEM 3.3 REQUEST FOR COUNCIL ACTION 1P tMISOTA TO: Otsego Mayor and City Council FROM: Gary Groen, Finance Director DATE: February 8, 2012 RE: City of Rogers Fire Department Annual Contract Renewal Background: The City of Rogers fire department provides fire protection services to the southeastern area of the City of Otsego. This is an annual renewal of the contract that has been in effect since 1994. The contract is calculated as .00044 times the 2010 (prior year) market value of the properties within the fire service district. A summary of the fire services contracts for the past five years is as follows: 2012 proposed contract $29,208.33 2011 actual contract $32,051.50 2010 actual contract $32,222.30 2009 actual contract $27,510.61 2008 actual contract $19,969.97 Action Requested: • I recommend approval of the 2012 Rogers fire service contract. Attachment: 0 Attached is the annual renewal letter from the city of Rogers fire department. r July 18, 2011 (763'428-3500 9 Fac: (763) 428-2534 21201 Memorial Drive • Rogers, Minnesota 55374 FIRE DEPARTMENT Gary Groen City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: 2012 Fire Contract Rate Dear Mr. Groen: The City of Rogers Fire Department service contract rate will remain the same as the current contracts on file from 1994. Based on the current rate, the 2012 Fire Contract for Otsego will be: $29,208.83 The following information was supplied to our Fire Chief, by your office, and was used in preparing the 2012 contract amount: 2010 Market Value: 566,383,700 Calculation: $66,383,700 x .00044 = 29,208.83 This invoice is due and payable by July 15, 2012, unless other arrangements have been made. If you should have any questions, please feel free to contact me at 763-428-2253. Sincerely, Stacy Doboszenski Assistant City Administrator/ City Clerk ITEM 3.4 REQUEST FOR COUNCIL ACTION P ot SOTA BY: Kurt Neidermeier Utility Operations Supervisor PeopleService Inc. DATE: January 31, 2012 RE: Agreement between the City of Otsego and the Riverbend Mobile Home Park Biosolids Acceptance Review Background: An agreement was established in December 2008 between the City of Otsego and Riverbend Mobile Home Park (located within the City) to accept the Riverbend's Wastewater Treatment Facility digested solids, which are then processed at the City's East Waste Water Treatment Facility. Approximately 100,000 gallons is accepted per year. No rate adjustment has occurred since contract inception. The proposed agreement includes an initial rate increase with an annual rate adjustment. Financial: The proposed rate changes from 11 to 11.5 cents per gallon with an annual adjustment based on the Urban Consumer Price Index (CPI -U) for April each year. Recommendation: The Public Works Subcommittee considered the proposed contract amendment at their meeting on November 16, 2011 and recommended approval Supporting Information: Agreement proposal Lori Johnson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Gary Groen, Finance Director AGREEMENT BETWEEN THE CITY OF OTSEGO AND THE RIVERBEND MOBILE HOME PARK REGARDING THE CITY'S ACCEPTANCE OF DIGESTED SOLIDS FROM RIVERBEND AGREEMENT entered into this day of January, 2012 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and Riverbend Mobile Home Park, a corporation under the laws of the State of Minnesota ("Riverbend"). This Agreement applies to that property legally described as (See Exhibit A) WITNESSETH: WHEREAS, Riverbend must dispose of any digested solids it produces; and WHEREAS, the City owns and operates a wastewater treatment plant at which digested solids can be disposed of, and WHEREAS, Riverbend seeks an agreement to have the City's wastewater treatment plant accept and dispose of the digested solids produced by Riverbend; and WHEREAS, this Agreement controls the terms and conditions under which the City will accept digested solids from Riverbend. NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Acceptance of Digested Solids. As long as the terms and conditions of this contract are met, the City shall accept all digested solids produced by Riverbend. 2. Testiniz. Riverbend shall have testing of all digested solids (fecals, nutrients, and metals) completed once yearly. The results of said tests shall be provided to the City. Only upon acceptance and approval of said test results by the City's designated utility director will the City accept any digested solids from Riverbend for the following year. In the event that the City has reasonable cause to believe that the nature of the digested solids has changed so as to detrimentally affect its wastewater treatment facilities it may, at its discretion require additional testing of digested solids produced by Riverbend and may accept or reject the digested solids based upon the approval or disapproval of the City's designated utility director. 3. Hauline. Riverbend is responsible for hauling digested solids to the City's wastewater treatment plant and for any and all costs of hauling digested solids. Riverbend shall be responsible for clean up of any public roadway resulting from said hauling. 4. Cost. For each gallon of approved digested solids received by the City at its wastewater treatment facility, Riverbend shall pay the City eleven and one half cents ($ 0.11.5). The yearly cost for treatment of digested solids shall be increased each year during the term of this Agreement effective on July 1 based upon any increase in Consumer Price Index for All Urban Consumers (CPI -U) as regularly reported by the Us Bureau of Labor Statistics for the prior April. 5. Measurement. The determination of how many gallons of digested solids the City receives from Riverbend shall be measured by the hauling company contracted by Riverbend, and approved by City Staff or City designee. 6. Emergency Conditions. The City may suspend receipt of digested solids from Riverbend in the event of order by the MPCA or other body, or in the event that receipt of the digested solids would interfere with the operation of the plant, any required shut down of the plant or by an emergency situation beyond the control of the City. In the event of such conditions, the City will provide as much notice to Riverbend as the situation allows. 7. Termination. This contract may be terminated by either party upon thirty (30) days written notice provided to the other party. 8. Severability. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 9. Waiver. The action or inaction of the City shall not constitute a waiver or 2 amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 10. Integration Clause, Modification. This Agreement represents the full and complete understanding of the parties and neither party is relying on any prior agreements or statement(s), whether oral or written. Modification of this Agreement may occur only if in writing, approved by the Otsego City Council and signed by the duly authorized agents of both parties. 11. Notices. Required notices to Riverbend shall be in writing, and shall be either hand delivered to Riverbend, their employees or agents, or mailed to Riverbend by registered mail at the following address: Riverbend Mobile Home Park, 7535 NE River Road, Otsego, MN 55330. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk or Deputy City Clerk. CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk STATE OF MINNESOTA COUNTY OF WRIGHT ) SS. CITY OF OTSEGO ) On this day of , 2012, before me personally appeared Jessica Stockamp and Tami Loff to me known to be the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that the seal affixed to said instrument is the 3 corporate seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Jessica Stockamp and Tami Loff acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public RIVERBEND MOBILE HOME PARK Its: STATE OF MINNESOTA) COUNTY OF WRIGHT ) SS. CITY OF OTSEGO ) On this day of 2012, before me personally appeared to me known to be the person described in the foregoing instrument and who did say they are the of Riverbend Mobile Home Park and that said instrument was signed on behalf of Riverbend Mobile Home Park with authority and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public 2 DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue N Suite 103 Anoka, MN 55303 (763) 231-5850 ITEM 3_5 REQUEST FOR COUNCIL ACTION IV Ot�eF o MINNESOTA TO: Otsego Mayor and City Council FROM: Gary Groen, Finance Director DATE: February 8, 2012 RE: Pay Equity Report Background: Attached is the pay equity report for the year ended December 31, 2011. The completion and submission of this report to the state every three years is mandated in accordance with M.S. 471.991 — 471.999. The report was submitted to the state on January 31, 2012 as required by the statutes. This report is also required to be reviewed and approved by the City Council. After the pay equity report is reviewed at the state, the City will be notified of its acceptance and compliance with the pay equity law. Action Requested: • 1 recommend the Council approve the pay equity report as submitted to the state. A copy of the Council approval will be sent to the state. Attachment: • Attached is the complete pay equity report for your review. Pay Equity Implementation Report Part A: Jurisdiction Identification Jurisdiction: Otsego 8899 Nashua Avenue N.E. Otsego Contact: Gary Groen MN 55330 Part B: Official Verification 1. The job evaluation system used measured skill, effort responsibility and working conditions and the same system was used for all classes of employees. The system used was: Consultant's System Description: Princeton Modified system Phone: (763)441-4414 2. Health Insurance benefits for male and female classes of comparable value have been evaluated and: There is no difference and female classes are not at a disadvantage. Part C: Total Payroll $943,699.36 is the annual payroll for the calendar year just ended December 31. 1/31/2012 Jurisdiction Type: City E -Mail: ggroen@ci.otsego.mn.us 3. An official notice has been posted at: Otsego City Hall (prominent location) informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: Otsego City Council (governing body) Jessica Stockamp (chief elected official) Mayor (title) X] Checking this box indicates the following: - signature of chief elected official - approval by governing body - all information is complete and accurate, and - all employees over which the jurisdiction has final budgetary authority are included Date Submitted: 1 01/31/2012 Compliance Report Jurisdiction: Otsego Report Year: 2012 8899 Nashua Avenue N.E. Case: 2 - 2012 (Private (Jur Only)) Otsego MN 55330 Contact: Gary Groen Phone: (763) 441-4414 E -Mail: ggroen@ci.otsego.mn.us The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION # Job Classes # Employees Avg. Max Monthly Pay per employee II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 87.50 Male Female Balanced All Job Classes Classes Classes Classes 4 7 0 11 9 7 0 16 4,835.78 5,039.86 4,925.06 Male Female Classes Classes a. # At or above Predicted Pay 2 3 b. # Below Predicted Pay 2 4 c. TOTAL 4 7 d. % Below Predicted Pay 50.00 57.14 (b divided by c = d) '(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom (DF) = 14 Value of T= -0.100 a. Avg. diff. in pay from predicted pay for male jobs = ($9) b. Avg. diff. in pay from predicted pay for female jobs = ($3) III. SALARY RANGE TEST = 100.00 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 11.00 B. Avg. # of years to max salary for female jobs = 11.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP 0.00 B. % of female classes receiving ESP 0.00 '(If 20% or less, test result will be 0.00) ITEM 3.6 To: Otsego City Council From: Andy MacArthur, City Attorney CC: Lori Johnson, City Administrator; Ron Wagner, City Engineer Date: January 31, 2012 Re: Proposed MNDOT Agency Agreement BACKGROUND Attached is a proposed agreement from MNDOT in which the City authorizes MNDOT to be the City's agent for the receipt of any federal road funds. The City previously entered into a similar Agreement with MNDOT in 2003. The current agreement is generally the same document as executed in 2003, but it updated to include changes in federal law and MNDOT guidelines since that time. The Agreement requires the City to follow all applicable state and federal rules and regulations. The City would be required to do so whether or not MNDOT served as its agent. I have reviewed the Agreement and find it to be acceptable. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2012-12 approving the Agreement and directing the Mayor and City Clerk to execute the Agreement on behalf of the City. MnDOT Agreement No. 99957 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND THE CITY OF OTSEGO FOR FEDERAL PARTICIPATION IN CONSTRUCTION This agreement is entered into by and between the City of Otsego and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT'), Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the City agent in accepting federal funds on the City behalf for the construction, improvement, or enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred to as the "Project(s)"; and This agreement is intended to cover all federal aid projects initiated by the City and therefore has not specific State Project number tied to it, and The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and This agreement supersedes agreement number 86208 and; MnDOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY A. DESIGNATION. The City designates MnDOT to act as its agent in accepting federal funds in its behalf made available for the Project(s). Details on the required processes and procedures are available on the State Aid Website B. STAFFING. The City will furnish and assign a publicly employed licensed engineer, ("Project Engineer"), to be in responsible charge of the Project(s) and to supervise and direct the work to be performed under any construction contract let for the Project(s). In the alternative where the City elects to use a private consultant for construction engineering services, the City will provide a qualified, full-time public employee of the City, to be in responsible charge of the Project(s). The services of the City to be performed hereunder may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City (MnDOT Agreement No. 99957) Page I from its primary responsibility for performance of the work. 2. During the progress of the work on the Project(s), the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the City will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co -principal with respect to the Project(s). C. LETTING. The City will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit bids after obtaining written notification from MnDOT that the Federal Highway Administration ("FHWA") has authorized the Project(s). Any Project(s) advertised prior to authorization will not be eligible for federal reimbursement. 2. The City will prepare the Proposal for Highway Construction for the construction contract, which will include all of the federal -aid provisions supplied by MnDOT. 3. The City will prepare and publish the bid solicitation for the Project(s) as required by state and federal laws. The City will include in the solicitation the required language for federal -aid construction contracts as supplied by MnDOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders, and where the City will receive the sealed bids. 4. The City may not include other work in the construction contract for the authorized Project(s) without obtaining prior notification from MnDOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project(s). 5. The City will prepare and sell the plan and proposal packages and prepare and distribute any addendums, if needed. 6. The City will receive and open bids. 7. After the bids are opened, the City Council will consider the bids and will award the bid to the lowest responsible bidder, or reject all bids. If the construction contract contains a goal for Disadvantaged Business Enterprises, the City will not award the bid until it has received certification of the Disadvantaged Business Enterprise participation from the MnDOT Equal Employment Opportunity Office. D. CONTRACT ADMINISTRATION. (MnDOT Agreement No. 99957) Page 2 1. The City will prepare and execute a construction contract with the lowest responsible bidder, hereinafter referred to as the "Contractor," in accordance with the special provisions and the latest edition of MnDOT's Standard Specifications for Construction and all amendments thereto. 2. The Project(s) will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of MnDOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the City Engineer's Office. The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project(s). The services of the City to be performed hereunder may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 4. The City will document quantities in accordance with the guidelines set forth in the Construction Section of the Electronic State Aid Manual that were in effect at the time the work was performed. 5. The City will test materials in accordance with the Schedule of Materials Control in effect at the time each Project was let. The City will notify MnDOT when work is in progress on the Project(s) that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 6. The City may make changes in the plans or the character of the work, as may be necessary to complete the Project(s), and may enter into supplemental agreement(s) with the Contractor. The City will not be reimbursed for any costs of any work performed under a supplemental agreement unless MnDOT has notified the City that the subject work is eligible for federal funds and sufficient federal funds are available. 7. The City will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project(s) prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 8. The City will prepare reports, keep records, and perform work so as to enable MnDOT to collect the federal aid sought by the City. Required reports are listed in the MnDOT State Aid Manual, Delegated Contract Process Checklist, available from MnDOT's authorized representative. The City will retain all records and reports in accordance with MnDOT's record retention schedule for federal aid projects. 9. Upon completion of the Project(s), the Project Engineer will determine whether the work will be accepted. (MnDOT Agreement No. 99957) Page 3 E. PAYMENTS. The entire cost of the Project(s) is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project(s) that is not paid by federal funds. 2. The City will prepare partial estimates in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify each partial estimate. Following certification of the partial estimate, the City will make partial payments to the Contractor in accordance with the terms of the construction contract for the Project(s). 3. Following certification of the partial estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified partial estimate. 4. Upon completion of the Project(s), the City will prepare a final estimate in accordance with the terms of the construction contract for the Project(s). The Project Engineer will certify the final estimate. Following certification of the final estimate, the City will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project(s). 5. Following certification of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. F. LIMITATIONS. 1. The City will comply with all applicable Federal, State, and local laws, ordinances, and regulations. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. (MnDOT Agreement No. 99957) Page 4 G. 2 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of MnDOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of MnDOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub -contractor. 4. Utilities. The City will treat all public, facilities which directly or indirectly highway rights of way in conformance incorporated herein by reference. W11 private or cooperatively owned utility serve the public and which occupy with 23 CFR 645 "Utilities" which is The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A-133, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of seven years. The City will be responsible for any costs associated with the performance of the audit. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. CLAIMS. The City acknowledges that MnDOT is acting only as the City's agent for acceptance and disbursement of federal funds, and not as a principal or co- principal with respect to the Project. The City will pay any and all lawful claims arising out of or incidental to the Project including, without limitation, claims related to contractor selection (including the solicitation, evaluation, and acceptance or rejection of bids or proposals), acts or omissions in performing the Project work, and any ultra vires acts. The City will indemnify, defend (to the extent permitted by the Minnesota Attorney General), and hold MnDOT harmless from any claims or costs arising out of or incidental to the Project(s), including reasonable attorney fees incurred by MnDOT. The City's indemnification obligation extends to any actions related to the certification of DBE participation, even if such actions are recommended by MnDOT. Federal Funding Accountability and Transparency Act (FFATA). This Agreement requires the City to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The City is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the City provides information to the MnDOT as required. 1. Reporting of Total Compensation of the City's Executives. (MnDOT Agreement No. 99957) Page 5 a. The City shall report the names and total compensation of each of its five most highly compensated executives for the City's preceding completed fiscal year, if in the City's preceding fiscal year it received: i. 80 percent or more of the City's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.qov/answers/execomp.htm.). Executive means officers, managing partners, or any other employees in management positions. b. Total compensation means the cash and noncash dollar value earned by the executive during the City's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not.include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above -market earnings on deferred compensation which is not tax qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. (MnDOT Agreement No. 99957) Page 6 2. The City must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. 3. The City will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: http://fedgov.dnb.com/webform/ 4. The City's failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the City unless and until the City is in full compliance with the above requirements. DUTIES OF MnDOT. A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B. PROJECT ACTIVITIES. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project(s), and for reimbursement of eligible costs pursuant to the terms of this agreement. 2. MnDOT will provide to the City copies of the required Federal -aid clauses to be included in the bid solicitation and will provide the required Federal -aid provisions to be included in the Proposal for Highway Construction. 3. MnDOT will review and certify the DBE participation and notify the City when certification is complete. If certification of DBE participation (or good faith efforts to achieve such participation) cannot be obtained, then City must decide whether to proceed with awarding the contract. Failure to obtain such certification will result in the project becoming ineligible for federal assistance, and the City must make up any shortfall. 4. MnDOT will provide the required labor postings. C. PAYMENTS. 1. MnDOT will receive the federal funds to be paid by the FHWA for the Project(s), pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. MnDOT will reimburse the City, from said federal funds made available to each Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project(s), MnDOT will perform a final inspection and verify the federal and state eligibility of all the payment requests. If the Project is found to have been completed in accordance with the plans and (MnDOT Agreement No. 99957) Page 7 specifications, MnDOT will promptly release any remaining federal funds due the City for the Project(s). 4. In the event MnDOT does not obtain funding from the Minnesota Legislature or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. D. AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project(s) was not completed in compliance with federal requirements. E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and executed by the same parties who executed the original agreement, or their successors in office. VI. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the appropriate State officials pursuant to Minnesota Statutes Section 16C.05. VII. CANCELLATION. This agreement may be canceled by the City or MnDOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a cancellation the City will be entitled to reimbursement for MnDOT-approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of cancellation subject to the terms of this agreement. VIII. DATA PRACTICES ACT. The parties will comply with the provisions of the Minnesota Government Data Practices Act (Minnesota Statutes chapter 13) as it applies to all data gathered, collected, created, or disseminated related to this Agreement. Remainder of this page left intentionally blank (MnDOT Agreement No. 99957) Page 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF OTSEGO City certifies that the appropriate person(s) have executed the contract on behalf of the City as required by applicable articles, bylaws, resolutions or ordinances 2. DEPARTMENT OF TRANSPORTATION in Title: Director By, State Aid for Local Transportation Title: Date: Date: in Title: Date: 3. COMMISSIONER OF ADMINISTRATION Date: (MnDOT Agreement No. 99957) Page 9 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2012- 12 RESOLUTION APPOINTING MNDOT AS AGENT FOR THE CITY OF OTSEGO FOR ACCEPTANCE OF TRANSPORTATION RELATED FEDERAL AID FUNDS WHEREAS, MNDOT has transmitted a contract to the City appointing MNDOT as agent for the City for purposes of receiving available federal aid funds for transportation related projects; and WHEREAS, the Agreement presented supersedes the previous Agreement between the City of Otsego and MNDOT in or about 2003. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: That pursuant to Minnesota Statute Sec. 161.36, the Commissioner of Transportation is hereby appointed as Agent of the City of Otsego to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. 2. That the Mayor and City Clerk are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 99957, a copy of which said agreement was before the City Council and which is made a part hereof by reference. MOTION to Adopt the Resolution was made this 13th day of February, 2012 by Council Member and seconded by Council Member IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk CERTIFICATION STATE OF MINNESOTA CITY OF OTSEGO I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Otsego at a duly authorized meeting thereof held on the 13th day of February, 2012, as shown by the minutes of said meeting in my possession. Tami Loff, City Clerk Subscribed and sworn before me this day of February, 2012. NOTARY PUBLIC ITEM 3.7 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPC9 Plan ni ngCo. com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 8 February 2012 RE: Otsego — McDonald House; Realtor Services TPC FILE: 101.01 - 12.04 BACKGROUND City staff solicited proposals from two area real estate professionals to market the McDonald property and execute the sale on behalf of the City. The individuals contacted were known to City staff as having previously represented properties in the area and in Otsego generally. We requested that proposals be submitted by 2 February 2012 for consideration at the Administrative Subcommittee. A response was received from Mr. Curtis Bechthold of Re/Max Associates Plus, Inc. which is attached. No written response was received from the other individual by the date requested (or as of this date). The Administrative Subcommittee reviewed the proposal at their meeting on 8 February 2012 and directed that it be placed on the consent agenda for approval at the City Council meeting on 13 February 2012 If approved, City staff will work with Mr market the property and bring forward marketing and sale of the property. Exhibits: A. ReMax Proposal RECOMMENDATION . Bechthold to determine a value at which to appropriate documentation to proceed with the City staff recommends approval of the proposal from ReMax Associates Plus, Inc. for professional realtor services. POSSIBLE ACTIONS A. Motion to accept the proposal from ReMax Associates Plus, Inc. for professional realtor services and direct the Mayor and City staff to execute necessary contract. B. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Curtis Bechthold, ReMax Associates Plus, Inc. 2 The Real Estate Leaders To Daniel Licht (A TCP), Q Each Odiw lndependendy 0w dend Op..Md I would like to start by thanking you for selecting me as a possible real estate agent representing the city in marketing the McDonald property. File # 101.01-12.04. I reside in the city of Otsego and know the market and the area well. I also own a building company (Suburban Builder's Inc.) and have bought and sold numerous lots. Re/Max Results is the brokerage I am licensed under. Re/Max Results is the largest Re/Max franchise in the state, with 22 different offices. It is a real estate office second to none. Below is a quote of fees to represent the city on the sale of this prop- erty. 1. Total commission of 5.5% 2.8% listing side commission 2.7 selling side commission Commission of 4.5% if Curt Bechthold represents the buyer as well as the seller. 2. Re/Max Results charges a $395 broker's fee on all transactions. Please feel free to call me with any questions. P. /�IM Results 650 Dodge Ave., #2 • Elk River, MN 55330 •Office: 763-441-8833 • www.Results.net Each Office Independently Owned and Operated R RF/,MK Associates Plus Inc. CUFMS BECHTHOLD 7 Realtor/Broker Short Sale Specialist 650 Dodge Avenue Elk River, Minnesota 55330 Office: (763) 441-8833 Direct: (763) 635-7223 Maio Cell: (612) 325.4089 Fax: (763) 441-7562 Email: curtisb@remax.net www. mnshortsalespecialist.com I would like to start by thanking you for selecting me as a possible real estate agent representing the city in marketing the McDonald property. File # 101.01-12.04. I reside in the city of Otsego and know the market and the area well. I also own a building company (Suburban Builder's Inc.) and have bought and sold numerous lots. Re/Max Results is the brokerage I am licensed under. Re/Max Results is the largest Re/Max franchise in the state, with 22 different offices. It is a real estate office second to none. Below is a quote of fees to represent the city on the sale of this prop- erty. 1. Total commission of 5.5% 2.8% listing side commission 2.7 selling side commission Commission of 4.5% if Curt Bechthold represents the buyer as well as the seller. 2. Re/Max Results charges a $395 broker's fee on all transactions. Please feel free to call me with any questions. P. /�IM Results 650 Dodge Ave., #2 • Elk River, MN 55330 •Office: 763-441-8833 • www.Results.net Each Office Independently Owned and Operated rm�l Curtis Bechthold O/MA* Re/Max ResultsA CERTIFIED DISTRESSED AbOVe PROPERTY EXPERT' theC� o !6d I have been with Re/Max throughout my real estate career which has been approximately r5 years. I represent buyers, sellers, investors, new construc- tion clients, specialize in short sales and represent buyers on foreclosures throughout the state of Minnesota. Accomplishments: r. I received my real estate license in 1997• 2. Became a licensed building contractor in zooz. (Suburban Builder's Inc.) 3. Obtained a broker license in 2007. 4. I have achieved a CDPE designation. (Certified Distressed Property Ex- pert.) 5. Earned The Executive Club award 2007-20o8. 6. Earned the Re/Max r000lo Club award 2002-2oo6, 2009-2010. 7. Earned the Re/Max Hall of Fame award 2oro. (In 2009 only 16olo of all Re/Max affiliates earned this prestigious award.) 8. Earned recognition as a ro3r Exchange agent through Starker Services Inc 9. I am a full time agent, member of the North Metro Board of Realtors and participant of the MLS service. Re/Max dominated national TV advertising in torr, reaching more viewers than all other real estate brands combined. Re/Max is the most recognized name in real estate. Office: 763-635-7223-Cell:6r2-325-4o89-Email: curtisb@remax.net 65o Dodge Ave NW Elk River, Mn 5533o www.mnshortsalespecialist.com www.results.net/curtis.bechthold 6� My Marketing Action Plan WtAl ove Crowdi.a My strategy for getting your property sold for top market value is a simple but effective one: I'll maximize its market exposure so you attract as many qualified, motivated buyers as possible. I'll also keep you fully informed of all my activities, as well as all develop- ments related to the listing. Specifically, I will market your property through: *Multiple Listing Service (MLS) *www.mnshortsalespecialist.com (See attached sheet for more) *Local real estate paper *Community and school reports to buyer prospects *Direct mail and email campaigns *Direct email notices *Home highlight sheets to all agents in my database *Open houses (if applicable) *For sale sign In addition, I will: *Help you determine the best asking price by doing an in depth market analysis *Offer proven advice in how to prepare your property for showings. *Call you regularly. *Provide feedback from all showings and open houses. *Pre -approve motivated, potential buyers. *Present and discuss each offer with you and provide a net sheet. *Negotiate the highest possible price and best terms for you. *Manage all contractual, title and transaction details and keep you informed. *Ensure your check is delivered at closing. *Assist you in identifying your new home. *Get you a top Re/Max agent anywhere in the nation if relocating to another state. *Arrange for a moving company if needed. *Provide a market snapshot monthly. ************************************************************************** Curtis Bechthold - Re/Max Results Office: 763-635-7223 - Cell: 612-325-4o8g - Email: curtisb@remax.net * CDPE www.mnshortsalespecialist.com i00% Club member Executive member Hall of Fame member CERTIFIED DISTRESSED PROPERTY EXPERT' 11 -EW M 3. 8 REQUEST FOR COUNCIL ACTION TO: Otsego Mayor and City Council FROM: Gary Groen, Finance Director DATE: February 8, 2012 RE: Post -issuance Compliance Policies and Procedures Background: Briggs and Morgan provide the City with legal services in conjunction with the issuance of tax-exempt governmental bonds. Mary Ippel of Briggs and Morgan has provided recommended policies and procedures to ensure compliance with post -issuance requirements of the Internal Revenue Service. These policies and procedures are a result of increased scrutiny by the IRS. The City Council has overall responsibility for monitoring the City's compliance with post -issuance federal tax requirements. The primary operating responsibility to monitor the City's compliance will be assigned to the finance director and others to which compliance responsibilities may be further assigned. Action Requested: • 1 recommend approval of resolution 2012 — 15, a resolution adopting policies and procedures of post -issuance compliance. Attachment: Attached are the following: 1. Resolution 2012 - 15 2. Memorandum from Mary Ippel of Briggs and Morgan discussing the post - issuance compliance policies and procedures 3. Governmental bonds post -issuance compliance policies and procedures BRIGGS W2200 First National Bank Building 332 Minnesota Street St. Paul MN 55101-1396 tel 651.808.6600 fax 651.808.6450 MEMORANDUM TO: City of Otsego, Minnesota FROM: Mary L. Ippel DATE: January 31, 2012 RE: Post --Issuance Compliance Policies and Procedures Following issuance by the City of Otsego, Minnesota (the "City") of tax-exempt governmental bonds, the City must continue to take certain actions with respect to the bonds in order that they retain their tax-exempt status. In particular, the City must be sure that the project financed with the bonds continues to be used for public purposes and that the proceeds of the bonds are applied in a manner that complies with the arbitrage rules on the Internal Revenue Code of 1986, as amended (the "Code"), and its related regulations. Over the last couple of years, the IRS has increased its scrutiny of tax-exempt bonds and has strongly expressed an expectation that issuers of tax-exempt bonds have written procedures in place to ensure compliance with these rules. Most recently, in September, 2011, the IRS released a new Form 8038-G, which is the form that issuers file upon the issuance of each tax- exempt bond issue. The new version of the form specifically asks the issuer to check a box that it has established written procedures "to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations." There is a second box asking if the issuer has written procedures "to monitor the requirements of Section 148," which is the Code section governing arbitrage. There is no statutory or rule requirement that the City have such written procedures. By including these questions on Form 8038-G (the same questions also appear on Form 8038), however, the IRS is strongly emphasizing its view of the importance of having such procedures in place. Informally, the IRS has also indicated that having such procedures in place may result in a lower penalty in the event of any audit or voluntary compliance agreement related to an issuer's bonds. Therefore, we strongly recommend that the City adopt the proposed Post - Issuance Compliance Policies and Procedures. The proposed Policies and Procedures have been drafted to cover the concerns and expectations that have been expressed by the IRS. Yet, at the same time, we recognize that the Briggs and Morgan, Professional Association Minneapolis I St. Paul I www.briggs.com Member - Lex Mundi, a Global Association of Independent Law Firms 44723550 BRIGGS AND MORGAN City, along with its bond counsel and financial advisor, are already doing many of the tasks set forth in the document. It simply demonstrates that the City is, in fact, taking the appropriate actions to ensure that its bonds remain tax-exempt. We recommend that the proposed Policies and Procedures be adopted prior to the City's next issuance of bonds. Please feel free to contact us if you have any further questions or comments. 4472355v1 CITY OF OTSEGO, MINNESOTA GOVERNMENTAL BONDS POST -ISSUANCE COMPLIANCE POLICIES AND PROCEDURES The following policies and procedures were adopted by the City Council of the City of Otsego, Minnesota (the "City") as of the date indicated below with respect to the governmental bonds of the City, to require, and further ensure, the ongoing compliance of governmental bonds issued by the City with the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder (the "Regulations"), including the record retention requirements of Code Section 6001 and Section 1.6001(a) of the Treasury Regulations. Such policy and procedures were adopted after consultation with Briggs and Morgan, P.A., the bond counsel (`Bond Counsel"), and Northland Securities, Inc., the financial advisors, to the City and are internal operating procedures to be used by the City's management in connection with the issuance and sale of all issues of governmental bonds. The City Council of the City has the overall, final responsibility for monitoring whether the City is in compliance with post -issuance federal tax requirements for the City's governmental bonds. However, the City Council assigns to the Finance Director of the City the primary operating responsibility to monitor the City's compliance with post -issuance federal tax requirements for the City's governmental bonds. The Finance Director may further assign post - issuance compliance responsibilities to other staff of the City, Bond Counsel, the paying agent for the bonds, and a rebate analyst. The Finance Director shall provide training and educational resources to City staff who are responsible for ensuring compliance with any portion of these policies and procedures. 4469969v1 1. Appropriate Application of Proceeds. (a) The Finance Director shall ensure the timely expenditure of the proceeds of governmental bonds by monitoring the application of all bond proceeds in accordance with the source of funds used and in accordance with the documents related to the issuance of the governmental bonds, including the reimbursement of pre -issuance expenses. (b) The Finance Director shall ensure the correct calculation and application of bond proceeds pursuant to the Code by: (i) confirming that any closing and/or allocation memorandum for the issuance of the bonds is accurate in the deposits directed thereunder, including ensuring that bond proceeds are used only for public purposes; and (ii) through the draw request process, identifying requested expenditures that are not eligible expenditures. (c) The Finance Director shall monitor the use of all bond -financed facilities in order to: (i) determine whether private business uses of bond -financed facilities have exceeded de minimus limits set forth in Section 141(b) of the Code, and 2 4469969vi (ii) determine whether private security or payments that exclude the de minimus limits set forth in Section 141(b) of the Code. 2. Arbitrage Yield Restriction and Rebate Requirements. The Finance Director shall monitor and calculate arbitrage, and shall coordinate and maintain, or cause to be maintained, records of: (a) Computations of the yield on the bonds by the City's financial advisor, and purchases and sales of investments made with bond proceeds (including amounts treated as "gross proceeds" of bonds under section 148 of the Code) and receipts of earnings in those investments; (b) Expenditures made with bond proceeds (including investment earnings on bond proceeds) for the governmental purposes of the bonds; (c) Calculations that will be sufficient to demonstrate to the Internal Revenue Service ("IRS") upon an audit of a bond issue that, where applicable, the City has complied with any available exception to the arbitrage rebate requirement in respect of that bond issue; (d) Calculations that will be sufficient to demonstrate to the IRS upon an audit of a bond issue for which no exception to the arbitrage rebate requirement was applicable, that the rebate amount, if any, was payable to the United States of America in respect of investments made with gross proceeds of that bond issue, was calculated and timely paid with Form 8038-T timely filed with the IRS; and 3 4469969v1 (e) Information and records showing that investments held in yield -restricted advance refunding or defeasance escrows for bonds, and investments made with unspent bond proceeds after the expiration of the applicable temporary period, were not invested in higher yielding investments. The Finance Director shall also: (a) Ensure that any third -party entity tasked with investment responsibility for governmental bonds is provided with a copy of the tax compliance or arbitrage certificate for each bond issue and is advised as to all investment restrictions with respect to the proceeds of and funds related to any governmental bonds issued by the City; (b) Cause any funds subject to yield restriction to be segregated; (c) If necessary, hire an independent contractor annually or every five years, as the case may be and as required by any arbitrage certificate, to perform all arbitrage and rebate calculations and to review the City's investment process to ensure that it is in compliance; and (d) If necessary, consult with Bond Counsel prior to engaging in post -issuance credit enhancement transactions. 3. Record Retention Requirements. It is the policy of the City that, unless otherwise permitted by future IRS regulations or other guidance, written records (which may be in electronic form) will be maintained with respect to each bond issue for as long as those bonds remain outstanding, plus three years. For 4 4469969v1 this purpose, the bonds include refunding bonds that refund the original bonds and thereby refinance the property that was financed by the original bonds. In maintaining electronic storage, the Finance Director will comply with applicable IRS requirements, such as those contained in Revenue Procedure 97-22. The records to be obtained and maintained are to include: (a) The official transcript of proceedings for the original issuance of the bonds (including ensuring that all applicable documents are included in such transcript); (b) Records showing how the bond proceeds were invested, as described in 2 above; (c) Records showing how the bond proceeds were spent, as described in 1 above, including, but not limited to, loan documents, construction contracts, draw requests, invoices, payment of bond issuance costs, and records of "allocations" of bond proceeds to make reimbursement for project expenditures made before the bonds were actually issued; (d) Information, records, and calculations showing that, with respect to each bond issue, the City was eligible for an exception to the arbitrage rebate requirement or, if not, that the rebate amount, if any, that was payable to the United States of America in respect of investments made with gross proceeds of that bond issue, was calculated and timely paid with Form 8038-T timely filed with the IRS, as described in 2 above; 5 4469969v1 (e) Schedules of all bond -financed facilities, including whether such facilities are land, buildings, or equipment, economic life calculations, and information regarding depreciation; (f) Records and agreements related to any trade or business activities by or with non-governmental entities or persons with respect to any facilities financed with the proceeds of governmental bonds, including, but not limited to, management agreements and leases; and (g) Documentations of all sources of payment or security for the issue. The basic purpose of the foregoing record retention procedure for the City's governmental bonds is to enable the City to readily demonstrate to the IRS upon a questionnaire or an audit of any bond issue that the City has fully complied with all federal tax requirements that must be satisfied after the issue date of the bonds. 4. Reissuance. The following policies relate to compliance with rules and regulations regarding the reissuance of bonds for federal law purposes. The Finance Director will: (a) Identify and consult with Bond Counsel regarding any post -issuance change to any terms of an issue of bonds which could potentially be treated as a reissuance for federal tax purposes; and (b) Confirm with Bond Counsel whether any "remedial action" in connection with a "change in use" (as such terms are defined in the Code and 6 4469969v1 Treasury Regulations) would be treated as a reissuance for tax purposes and, if so, confirm the filing of any new Form 8038-G. 5. Direct Pay Bonds. (a) In addition to the other requirements herein, should the City issue direct pay bonds pursuant to Sections 54A through 54F of the Code, the Finance Director shall also be responsible for: (i) determining the amount of interest payable on each interest payment date and the proper amount of refundable credit reported on Form 8038 -CP; (A) as appropriate, the Finance Director shall compare the interest payment calculations to any independently -verified report prepared at closing for the bond issue; and (B) the Finance Director shall approve all disbursements. (ii) preparing and timely filing all Forms 8038 -CP; (A) timely filing of Form 8038 -CP shall be made to insure that payments are timely made on the interest payment date and such timely filing is ensured by the use of a third -party filing agent; and (B) in the case of bond issues with multiple maturities, a separate Form 8038 -CP shall be filed for each maturity; 7 4469969v1 (iii) ensuring all credit payments shall be requested to be made by wire. The Finance Director is familiar with the wire payment procedures for the City and will ensure that the Form 8038 -CP includes the proper information for payment of the credit to the proper person; and (iv) alternatively, hiring a third party (the "Filing Agent") who shall be responsible for the matters in this Section 5 and any other responsibilities set forth in a filing agent agreement between the City and the Filing Agent. (b) In addition to the records retained pursuant to Section 3, the records to be obtained and maintained with respect to direct pay bonds are to include: (i) information, records, and calculations showing that Forms 8038 - CP were properly prepared and timely filed, as described in (a) above; (ii) all contracts that are subject to the federal Davis -Bacon prevailing wage rules; and (iii) with respect to Qualified Energy Conservation Bonds, such documents, test results, audits, and reports obtained by the City that demonstrate that the final project has achieved a reduction in energy consumption in publicly -owned buildings by at least 20%. 8 4469969v1 (c) The Finance Director shall ensure that all contracts let for projects financed with direct pay bonds shall comply with the federal Davis -Bacon prevailing wage rules. 6. Taxable Governmental Bonds. Most of the provisions of these policies and procedures are not applicable to governmental bonds the interest on which is includable in gross income for federal income tax purposes. However, if an issue of taxable governmental bonds is later refunded with the proceeds of an issue of tax-exempt governmental refunding bonds, then the uses of the proceeds of the taxable governmental bonds and the uses of the facilities financed with the proceeds of the taxable governmental bonds will be relevant to the tax-exempt status of the governmental refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable governmental bonds may be refunded, in whole or in part, with the proceeds of an issue of tax- exempt governmental bonds then, for purposes of these policies and procedures, the Finance Director shall treat the issue of taxable governmental bonds as if such issue were an issue of tax- exempt governmental bonds and shall carry out and comply with the requirements of these policies and procedures with respect to such taxable governmental bonds. The Finance Director shall seek the advice of Bond Counsel as to whether there is any reasonable possibility of issuing tax-exempt governmental bonds to refund an issue of taxable governmental bonds. 7. Qualified 501(c)(3) Bonds. If the City issues bonds to finance a facility to be owned by the City but which may be used, in whole or in substantial part, by a nongovernmental organization that is exempt from federal income taxation under Section 501(a) of the Code as a result of the application of Section 501(c)(3) of the Code (a "501(c)(3) Organization"), the City may elect to issue the bonds as 9 4469969v1 "qualified 501(c)(3) bonds" the interest on which is exempt from federal income taxation under Sections 103 and 145 of the Code and applicable Treasury Regulations. Although such qualified 501(c)(3) bonds are not governmental bonds, at the election of the Finance Director, for purposes of these policies and procedures, the Finance Director may treat such issue of qualified 501(c)(3) bonds as if such issue were an issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of these policies and procedures with respect to such qualified 501(c)(3) bonds. Alternatively, in cases where compliance activities are reasonably within the control of the relevant 501(c)(3) Organization, the Finance Director may determine that all or some portion of the compliance responsibilities described herein shall be assigned to organization. 8. Conduit Bonds. The provisions of these policies and procedures are primarily intended to be applicable to governmental bonds. However, the City may from time to time issue qualified 501(c)(3) bonds or other qualified private activity bonds that are not governmental bonds and loan the proceeds thereof to a nongovernmental organization that is the obligor on such conduit bonds. Although such conduit bonds are not governmental bonds, at the election of the Finance Director, for purposes of these policies and procedures, the Finance Director may treat such issue of conduit bonds as if such issue were an issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of these policies and procedures with respect to such conduit bonds. Alternatively, in cases where compliance activities are reasonably within the control of the relevant obligor, the Finance Director may determine that all or some portion of the compliance responsibilities described herein shall be assigned to or required of such obligor. 9. General Requirements. 10 4469969vl (a) Periodically, the Finance Director shall consult with Bond Counsel, general counsel, and financial advisors to the City to determine if any changes to these procedures are advisable and shall amend these procedures accordingly. (b) These procedures may be amended or withdrawn from time to time and constitute internal management procedures for compliance with certain provisions of the Code and do not constitute and are not intended to be, rules of the City. Adopted this day of , 2012 on behalf of the City. CITY OF OTSEGO, MINNESOTA 11 4469969v1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2012-15 RESOLUTION ADOPTING POLICIES AND PROCEDURES OF POST - ISSUANCE COMPLIANCE WHEREAS, following the issuance by the City of Otsego, Minnesota of tax- exempt governmental bonds, the City must continue to take certain actions with respect to the bonds in order to retain their tax-exempt status; and WHEREAS, the City Council has determined that a written policy should be adopted evidencing the City's intention to take all necessary actions so that the bonds remain tax exempt, and directing staff as to what needs to be done and who is responsible for certain actions. NOW THEREFOE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota that the attached Post- Issuance Compliance Policies and Procedures is hereby adopted and shall be in full force and effect upon this date. MOTION to adopt the Policy made by Council Member and seconded by Council Member IN FAVOR: OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of February, 2012. CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, , City Clerk ITEM 4-7 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPOgPlanningCo.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 February 2012 RE: Otsego — Zoning Ordinance; Signs TPC FILE: 101.01 BACKGROUND The Planning Commission held a public hearing on 6 February 2012 to consider possible amendments to the Zoning Ordinance clarifying the current prohibition of electronic signs within Otsego. The public hearing was initiated by City staff as the City receives inquiries from time -to -time requesting installation of such signs for businesses adjacent to TH 101 or 1-94 and wanted to have confirmation from the Planning Commission and City Council to maintain the current policy. The proposed ordinance amendment drafted by City staff would also strengthen the current language of the Zoning Ordinance by specifically listing various types of electronic signs that are prohibited. There was no comment from the public received as part of the Public Hearing. The Planning Commission unanimously reaffirmed their intent to prohibit use of electronic signs with changeable displays in Otsego and agreed with the proposed Zoning Ordinance amendment language that provides greater clarity on this point. It was noted during the discussion that the proposed language would not apply to signs placed by MNDoT within their right-of-ways for traffic management purposes as this system expands within the Twin Cities Metropolitan Area. It was also noted that these regulations would not address the LED lighting installed on the Holiday gas station sign, which is a fixed illumination, not a type of display. The Planning Commission closed the public hearing and voted 6-0 to recommend approval of Ordinance 2012-01. Exhibits: A. Draft Ordinance 2012-01 B. Ordinance 2012-01 C. Summary of Ordinance 2012-01 RECOMMENDATION City staff recommends approval of Ordinance 2012-01 clarifying the Zoning Ordinance provisions regarding electronic signs. POSSIBLE ACTIONS A. Motion to approve Ordinance 2012-01 and Summary Ordinance 2012-01 as presented. B. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney 2 ORDINANCE NO.: 2012-01 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-2-2 of the Zoning Ordinance is hereby amended to include the following sign related definitions: Balloon Sign: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air Changeable Copy Sign: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. Electronic Graphic Dlsglay Sian: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other obiects. Flashing Sign: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling_ Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. Shimmering Sign: A sign which reflects an oscillating sometimes distorted visual image. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. Section 2. 20-37-4.13 of the Zoning Ordinance is hereby amended to read as follows: B. Prohibited Signs: The following signs are prohibited: 2. Moti �-���1 S e e 3 ensigns 1; 3. ei�-r� exeept as allewed l c t -.,a 3. , �rL-i. 19y Minnesota Statute& th� t a:: P-c�priv effiel ageneer ate marker sign shall -be e re�t er sign ereeteeef shall d1splay such el resembles a geve,-nmental cd-erd "step" Y er- "elanger" 9 4: y- unless C vele s e s p e eifiedb by th 4sChapter E)r—tl:io . Reef Signs. 6. Signs en er attaehed te eq;ipmeat sueh as vehleleer semi tEuek er etheEertabl-e- traIleEs • Ee sigi=iag is a use of the equipment en either 1. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal unless required by this Chapter or the City Code. 2. All signs over two hundred (200) square feet in area, except within the INS district. 3. Off premises signs. 4. Balloon signs. 5. Changeable copy signs, electronic except as allowed by Section 20-37-6.B and 20-37-6.E of this Chapter. 6. Content classified as "obscene" as defined_ by Minnesota statutes section 617.241. 7. Dynamic display signs. 8. Electronic graphic display signs. 9. Flashing signs. 10. Multivision signs. 11. Motion signs. 12. Portable signs including Signs on or attached to equipment such as vehicles, semi -truck trailers or other portable trailers where signing is a principal use of the equipment on either a temporary or permanent basis. 13. Roof signs. 14. Rotating signs. 15. Shimmering si ncnss . 16. Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. 17. Video displaysigns. 18. Only those signs installed at the direction of the Minnesota department of transportation, Wright County or the City of Otsego shall be located within public rights-of-way. Section 3. 20-37-6 of the Zoning Ordinance is hereby amended to include the following provisions: D. Changeable Copy Signs: For commercial and industrial uses, one (1) sign with a maximum area of forty (40) square feet of changeable copy sign (but not including electronic changeable copy signs) shall be allowed per site provided that the changeable copy area of the sign is integrated into the allowed freestanding sign for the respective zoning district. E. Time And Temperature Sign: Within commercial and industrial zoning districts, an area not to exceed sixteen (16) square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located and Minnesota Statutes 173.16, Subd. 3. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of February, 2012. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk ORDINANCE NO.: 2012-01 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-2-2 of the Zoning Ordinance is hereby amended to include the following sign related definitions: Balloon Sign: A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air Changeable Copy Sign: A sign or portion thereof that has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects not consisting of an illumination device and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. Changeable Copy Sign, Electronic: A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs. Dynamic Display: Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure or any other component of the sign. This includes displays that incorporate technology or methods allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components as well as any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any other method or technology that allows the sign face to present a series of images or displays. Electronic Graphic Display Sign: A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. Flashing Sign: A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. Multivision Sign: Any sign composed in whole or part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time one of two (2) or more images. Shimmering Sign: A sign which reflects an oscillating sometimes distorted visual image. Video Display Sign: A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames that gives the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include projected images or messages with these characteristics onto buildings or other objects. Section 2. 20-37-4.13 of the Zoning Ordinance is hereby amended to read as follows: B. Prohibited Signs: The following signs are prohibited: 1. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal unless required by this Chapter or the City Code. 2. All signs over two hundred (200) square feet in area, except within the INS district. 3. Off premises signs. 4. Balloon signs. 5. Changeable copy signs, electronic except as allowed by Section 20-37-6.B and 20-37-6.E of this Chapter. 6. Content classified as "obscene" as defined by Minnesota statutes section 617.241. 7. Dynamic display signs. 8. Electronic graphic display signs. 9. Flashing signs. 10. Multivision signs. 11. Motion signs. 12. Portable signs including Signs on or attached to equipment such as vehicles, semi -truck trailers or other portable trailers where signing is a principal use of the equipment on either a temporary or permanent basis. 13. Roof signs. 14. Rotating signs. 15. Shimmering signs. 16. Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. 17. Video display signs. 18. Only those signs installed at the direction of the Minnesota department of transportation, Wright County or the City of Otsego shall be located within public rights-of-way. Section 3. 20-37-6 of the Zoning Ordinance is hereby amended to include the following provisions: D. Changeable Copy Signs: For commercial and industrial uses, one (1) sign with a maximum area of forty (40) square feet of changeable copy sign (but not including electronic changeable copy signs) shall be allowed per site provided that the changeable copy area of the sign is integrated into the allowed freestanding sign for the respective zoning district. E. Time And Temperature Sign: Within commercial and industrial zoning districts, an area not to exceed sixteen (16) square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located and Minnesota Statutes 173.16, Subd. 3. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of February, 2012. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk SUMMARY OF ORDINANCE NO.: 2012-01 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-2-2 of the Zoning Ordinance is hereby amended to include the following sign related definitions: Balloon Sign. Changeable Copy Sign. Changeable Copy Sign, Electronic. Dynamic Display. Electronic Graphic Display Sign. Flashing Sign. Multivision Sign. Shimmering Sign. Video Display Sign. Section 2. 20-37-4.13 of the Zoning Ordinance is hereby amended to identify the following prohibited signs: 1. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal unless required by this Chapter or the City Code. 2. All signs over two hundred (200) square feet in area, except within the INS district. 3. Off premises signs. 4. Balloon signs. 1 5. Changeable copy signs, electronic except as allowed by Section 20-37-6.B and 20-37-6.E of this Chapter. 6. Content classified as "obscene" as defined by Minnesota statutes section 617.241. 7. Dynamic display signs. 8. Electronic graphic display signs. 9. Flashing signs. 10. Multivision signs. 11. Motion signs. 12. Portable signs. 13. Roof signs. 14. Rotating signs. 15. Shimmering signs. 16. Signs painted, attached or in any other manner affixed to natural surfaces or attached to public structures. 17. Video display signs. 18. Signs within the Public Right -of -Way other than those installed at the direction of the Minnesota Department of Transportation, Wright County or the City of Otsego. Section 3. 20-37-6 of the Zoning Ordinance is hereby amended to include the provisions related to non -electronic changeable copy signs and time and temperature signs. Section 4. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2 ADOPTED by the City Council of the City of Otsego this 13th day of February, 2012. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the Ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. 3 TPC3601 Thurston Avenue N, Suite 100 I T E M 4_ 2 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 8 February 2012 RE: Otsego — Otsego Clean Up Week TPC FILE: 101.01 BACKGROUND Mr. Jason Warehime of Metro Appliance Recycling is proposing to partner with the City for a third year to have an Otsego Clean Up Week event the from April 30 to May 5. The hours items may be dropped off at Metro Appliance Recycling are 9:OOAM to 5:OOPM on Monday -Friday and 8:OOAM to 1:OOPM on Saturday. Metro Appliance Recycling will offer City residents discounted rates for disposal of appliances, electronics, tires etc. that cannot be disposed of in the regular trash. The City issued 94 vouchers in 2010 and 45 vouchers in 2011. This year, City staff will provide Metro Appliance Recycling with address ranges to verify residency at their facility. This will save residents the extra step of having to come to City Hall to receive a voucher and also save the City staff time and printing costs. The event is proposed to be advertised in the Spring 2012 edition of the Otsego View, on the City's website, the information box on April utility bills and as an item in the Elk River Star News. The Administrative Subcommittee reviewed the Clean Up Week proposal at their meeting on 8 February 2012 and recommends approval. Exhibits: A. 2012 Price List RECOMMENDATION City staff recommends approval of the proposed clean up week event with Metro Appliance Recycling as proposed. POSSIBLE ACTIONS A. Motion to approve 2012 Clean Up Week from April 29 to May 5 as proposed. B. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Jason Warehime, Metro Appliance Recycling K Otsego City Cleanup Event 2012 Residential Appliances: ....................................................... $10.00 each (Fridge, freezer, microwave, stove, dishwasher, air conditioner, dehumidifier, washer, dryer, furnace, water softener, water heater, pressure tank, etc.) CRT Televisions / monitors ..................................................$ .30 pound Electronics & computers.....................................................$ .25 pound Load of junk...........................................................................$45.00 / level pickup truck load or less ScrapMetal............................................................................$FREE Mattress or Box spring (clean & dry)................................$25.00 each Stuffed Chair.........................................................................$15.00 each Stuffed Couch.......................................................................$20.00 each Wood furniture....................................................................$5.00 each Batteries................................................................................$FREE Light car/ truck tires............................................................$5.00 each Tractor / Heavy Truck tires .................................................$25.00 each Fluorescent Bulbs.................................................................$ .60 each CellPhone..............................................................................$FREE NOT ACCEPTED: Paint, oil, antifreeze, gas ammonia fridge (ie camper fridge), yard waste (ie brush, grass clippings, leaves. 1Hakanson� ���Anclerson ITEM NO.: 5.1 BY: Ronald J. Wagner, City Engineer DATE: February 7, 2012 ITEM 5-1 REQUEST FOR COUNCIL ACTION RE: Resolution 2012-16 Accepting Bid and Awarding 70th Street Project COP 2011-02 MSA 217-112-01 -TIT xClae1lU L: Bids were opened for the 70th Street project on February 1, 2012. The project consists of constructing a 2 lane urban section from Marlowe Avenue to Martin Farms Avenue. 14 bids were submitted although one did not have the corresponding bid bond and was thus deemed incomplete. The 13 bids ranged from $350,657.51 to $474,744.51. The engineers estimate was $401,214.00. The project will be 100% funded by the MSA account which currently is at $1,537,952. The low bid contractor is Fehn Companies located in Albertville MN. Over the years, the City of Otsego has entered into numerous contracts with Fehn Companies and the projects have been completed satisfactorily and in a timely manner. RECOMMENDATION We recommend approval of Resolution 2012-16. POSSIBLE ACTIONS A. Motion to approve. B. Motion to table. C. Motion to deny. ot901-2012 Item 5 1 Request for Action - Award of 70th Street Page 1 of 1 RESOLUTION NO. 2012-16 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the construction of City of Otsego, 701h Street Construction Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Total Base B Fehn Companies, Inc. $350,657.51 Burschville Construction, Inc. $361,241.15 Northdale Construction Company, Inc. $372,155.45 Rum River Contracting Co. $389,442.79 Omann Brothers Paving, Inc. $392,718.04 New Look Contracting, Inc. $395,958.35 Knife River Corporation $399,711.15 Hardrives, Inc. $416,407.21 S.R. Weidema, Inc. $416,611.40 GMH Aspahlt Corporation $421,625.35 Veit and Company, Inc. $435,372.55 Valley Paving, Inc. $435,944.16 J.R. Verche, Inc. $474,744.54 AND WHEREAS, it appears that Fehn Companies, Inc. of Albertville, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Fehn Companies, Inc. of Albertville, Minnesota in the name of the City of Otsego for the 70th Street Construction Project, according to the plans and specifications therefore approved by the city council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the bid bond made with their bids, except that the bid bond of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. OT385ResACCEPT BID Adopted by the city council this day of February, 2012. Motioned By: Seconded By: All in Favor: Those Opposed: Jessica Stockamp, Mayor Tami Loff, Clerk OT385ResACCEPT BID � Halcanson ■■ Anderson ITEM NO.: 5.1 BY: Ronald J. Wagner, City Engineer ITEM 5-1 REQUEST FOR COUNCIL ACTION DATE: February 7, 2012 RE: Resolution 2012-16 Accepting Bid and Awarding 70th Street Project COP 2011-02 MSA 217-112-01 BACKGROUND Bids were opened for the 70th Street project on February 1, 2012. The project consists of constructing a 2 lane urban section from Marlowe Avenue to Martin Farms Avenue. 14 bids were submitted although one did not have the corresponding bid bond and was thus deemed incomplete. The 13 bids ranged from $350,657.51 to $474,744.51. The engineers estimate was $401,214.00. The project will be 100% funded by the MSA account which currently is at $1,537,952. The low bid contractor is Fehn Companies located in Albertville MN. Over the years, the City of Otsego has entered into numerous contracts with Fehn Companies and the projects have been completed satisfactorily and in a timely manner. RECOMMENDATION We recommend approval of Resolution 2012-16. POSSIBLE ACTIONS A. Motion to approve. B. Motion to table. C. Motion to deny. ot901-2012 Item 5 1 Request for Action -Award of 70th Street Page 1 of 1 RESOLUTION NO. 2012-16 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the construction of City of Otsego, 70th Street Construction Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Total Base Bid Fehn Companies, Inc. $350,657.51 Burschville Construction, Inc. $361,241.15 Northdale Construction Company, Inc. $372,155.45 Rum River Contracting Co. $389,442.79 Omann Brothers Paving, Inc. $392,718.04 New Look Contracting, Inc. $395,958.35 Knife River Corporation $399,711.15 Hardrives, Inc. $416,407.21 S.R. Weidema, Inc. $416,611.40 GMH Aspahlt Corporation $421,625.35 Veit and Company, Inc. $435,372.55 Valley Paving, Inc. $435,944.16 J.R. Verche, Inc. $474,744.54 AND WHEREAS, it appears that Fehn Companies, Inc. of Albertville, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Fehn Companies, Inc. of Albertville, Minnesota in the name of the City of Otsego for the 70th Street Construction Project, according to the plans and specifications therefore approved by the city council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the bid bond made with their bids, except that the bid bond of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. OT385ResACCEPT BID Adopted by the city council this day of February, 2012. Motioned By: Seconded By: All in Favor: Those Opposed: Jessica Stockamp, Mayor Tami Loff, Clerk OT385ResACCEPT BID m ' S SR m Yf 0O N O zW C xW W L S S p� po p p oO OO o W �j ONNS yoN�f {p of O Oi �uyi� oo vi tG po pO 2 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8. 8 p mm A N 8 V O ixx VI w en ✓I in LU N C O U W - 8 8 8 m 8 8 8 8 8 m 8 8 N 8 8 8 CO z m N N S O 2 pp S R S OtO 9pp 8 S S S S po NI M aN� F W 4 o f.l N p O Q pp 10 O pp f0 p O N p S p� Pol oo O+ a p O p O Q O S p S p 1'f O k W K m n m O m O T hl p N tV o8 N t0 O pp r z D i s F Q4 LL LL 7 U w LL Oi 1~i Z �i� zLL 7 w g u0i. u� LL Z V w w y N a N W N N I I N I L) W m N W U s N N -Z>.0 X W w W w O N W DD y U O U W o N U ~ > O H - y N W k N Z _& �- N Y x g> w C7 (W'J a V m 2<cU a O 0 © J W w W J Q a dS m W � � O d W al W !_W- � > j W py O W Q Vl U Q U =NU5 U Zp1D H J ypN N U OpoN U 1 OOpN.� U Qp�O zN J 4pm - O� mWS O � O zNptD y 8m,oU OZ U U ? -WW sOP C U Np N b �NpO pN N N O J a a < g a ma v V. n BID TABULATION CITY OF OTSEGO 70th Street Construction Project Bids opened 1.00 pm , Wednesday, February 1. 2012. There were 13 bids received, as shown herein. Base Bid Rum River Contracting Co. Oman Brothers Paving. Inc. New Look Contracting, Inc. ITEM NO. SPEC. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE I EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 2021.501 MOBILIZATION 1 LUMPSUM $11 500.00 571500.00 $10.000.00 00 _. S_10000 56,50000 56,500.00 2 2104.501 REMOVE CONCRETE CURB 121 LIN FT $4.20 S508.20 53.67 5444.07 $300 $363.00 3 2104.501 REMOVE WATERMAIN 40 LIN FT 5800 $32000 $7.95 $318.00__ S1000 _ $400.00 4 2104.505 REMOVE BITUMINOUS PAVEMENT 210 50 YD $3.15 5661.50 $3.37 $70770 $585 S1,228.50 5 2104.505 REMOVE CONCRETE PAVEMENT 17 So YD $4.20 $71 40 3347 $58.99 $1350 5229.50 6 2104.509 REMOVE PERMANENT BARRICADE 2 EACH $25.00 $50.00 $57.92 $715.84 S10000 $200.00 7 21 D4.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 77 LIN FT 53.15 $24255 $1.81 5139.37 $250 5192.50 8 2104.523 SALVAGE SIGN 1 EACH $25.00 $25.00 $25.80 $25_80 $5000 .. -- _ - 50.00 9 2105.501 COMMON EXCAVATION P 6,3154 CU YO $7.75 S49,32100 58.14 551.802.96 $750 547,730.00 10 2105.505 MUCK EXCAVATION EV 200 CU YD $7.75 51 550.00 $7.74 $1,548,00 $7.50 $1,500.00 11 2211_5016GGREGATE BASE CLASS 3 MODIFIED 746 TON $6.85 $66,760,10 58.17 S79.62482 $8.28 $80,696,88 _ _ 12 2211.501 AGGREGATE BASE CLASS 5 (100% CRUSHED) TON $1380 $3292680 $11.85 328274.1D $1181 $2617866 13 2232.501 MILL BITUMINOUS SURFACE?) SO YO $40.00 $72000 31265 $227.70 520.00 5360.00 14 2357.502 BITUMINOUS MATERIAL FOR TACK COAT L2386 GALLON 5250 $74000 S775 $516.00 53.50 51 036.00 15 2360501 TYPE SP 9 5 WEARING COURSE MIXTURE (3,B) TON $71.40 $51,193,80 $63.45 $45493.65 $69.88 $50103,96 � 16 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3,B) 896 TON $65.35 $58,55360 $6225 $55.776.00 $65.24 S58 455.04 17 2502.541 4" PERF PE PIPE DRAIN 123 LIN FT 310.50 $1,291.50 $18.33 $2,254.59 $18.25 $2,244.75 18 2503.541 15' RC PIPE SEWER DESIGN 3006 CLASS V 570 LIN FT $30.45 $17,356.50 $2825 $16,102.50 527.37 S15,600.90 19 2503.541 16' RC PIPE SEWER_ DESIGN 3006 CLASS III 754 LIN FT $32.55 _ $24,54270 $31.50 $13,751.00 $30.52 $23,012.08 20 2503.541 21' RC PIPE SEWER DESIGN 3006 CLASS 111 10 LIN FT $41.00 5410.00 $47,27 5472.70 $34.25 $342.50 21 2503.602 CONNECT TO EXISTING STORM SEWER 1 EACH $525.00 5525.00 5361.20 $361.20 $350.00 $350.00 22 2503.603 6' DUCTILE IRON PIPE SEWER CLASS 52 10 LIN FT $5355 $535.50 $61.92 $619,20 $00.00 $600.00 23 2503 603 8- DUCTILE IRON PIPE SEWER CLASS 52 IDD LIN FT $4000 54,000.00 $19.38 $4,93800 547.85 $4,785.00 24 2503.603 16' DUCTILE IRON PIPE SEWER CLASS 52 90 LIN FT $77.70 __ SE 993.00.. $703.20 _ $9,288.00 $100.00 59.000.00 25 2503.604 4- INSULATION 4 SO YD $27.30 $10920 $51.60 $206.40 550.00 5200.00 26 2503.608 DUCTILE IRON FITTINGS 1,035 POUND 54.00 54,140.00 $335 $3467.25 $3.25 $3,363,75 27 2504.602 CONNECT TO EXISTING WATERMAIN t EACH 51,15500 $1.155.00 5361.20 $361.20 $350.00 $350.00 28 2504.602 6' GATE VALVE AND BOX 1 EACH $1,890.00 $1,890.00 S1,367,40 $1,367,40 $1,325.00 ..... $1 325. DO 29 2504.602 8' GATE VALVE AND BOX 1 EACH $1,99500 51,995.00 51,806.00 S1,80600 $1,750.00 $1,750,00 30 2504.602 HYDRANT 1 EACH $3,25500 S3,25500 $3,405,60 $3,405.60 $3,300.00 $3,300,00 31 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48 - 4020 23 LIN FT $252.00 S5,79600, $283.80 56 527.40 $262 00f S6,026,00 Error in calculation o1385bwIab.xIsBID TABULATION BT -3 OF 10 6 z a 0 O 1- m O S S t` vvv S S S S S N S S S O �Op OSO p8 J Z' pp N � N N pp N ♦ Vi ryry M m N a C H, W a j � 4 W F x W O �N- S F O O N O O n� fp�l) 1pND ui pNp�� pN� pO pO O 7 N Q j = `c x w 0 u pp :�D p S N N N h pp N p O p p p O Q p O p S !� p O p S op t7 ID V pO pOH N�NN N N Yf N N 1") M O c' ° t O F LL LL U t LL LL U N LL U V' U U y ¢W y - LL LL z J z J a w O N z J O N z J g u+ a ? O In Q LL1 z J q¢ u+ W a (h a U Q z J 2 J 3 a WN N J 3 U w Z z z Z U y Z n } Q aw E _m w g w w z W z O w U W Wy {U K K W KI Wi X 1- 0 o m i w LU Z Z J J W m J W O O O LU f z 7 Z i a o�� a z¢ x g � y � U OI r O O m Z O z a U a w 6" Z z 0 N tzo U LLd Z LL q�q g Vi� N w w O O y U wwtt N O E O' O i rc y U Ipps Upp (pp�� <p/1 Fpw- W C U pV N pU :[1 N N N L7 pp, N N p� t� N (p� 10 N ON N t0 N� pW 1O tpF� �O (pct N pO N U W tpp N {pp N app N N N N N N �p N N N N N N N N N pp' N m W m Z M f� f7 h Pl M S M O f Y f Y t O < N 6 z a 0 O 1- m BID TABULATION CITY OF OTSEGO 70th Street Construction Project Ends opened 1'00 p m , Wednesday, February t, 2012. T here -e 13 bids received, as stw herein Base Bid Knife River Corporation Hardrives, Inc. S.R. Weidenia, Inc. ITEM NO. SPEC. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 2021.501 MOBILIZATION 1 LUMP SUM $20.700001 S20.70000 $11,78500 $11,76500 $20,250,00 $20,25000 2 2104 501 REMOVE CONCRETE CURB 121 LIN FT $300 5363.00 $6.30 $762.30 $3.00 5303.00 3 2104.501 REMOVE WATERMAIN 40 LIN FT 10.00 $400,00 St0 70 5428.00 $12.00 5480,00 4 2104.505 REMOVE BITUMINOUS PAVEMENT 210 SO YD $2001 5420.00 $765 $1.606.50 $2.00 $420.00 5 2104.505 REMOVE CONCRETE PAVEMENT 17 SO YD $3.00 $51.00 $760 $129.20 $7.00 $119.00 6 2104.509 REMOVE PERMANENT BARRICADE 2 EACH S4500 590.00 S2675 $53.50 5700.00 5200.00 7 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 77 LIN FT $325 5250.25 $260 5200.20 $4.00 M,00 8 2104.523 SALVAGE SIGN 1 EACH $2500 525.00 $2675 $26.75 $25.00 525.00 9 2105.501 COMMON EXCAVATION P 6.364 CU YD $7.50 S47,73000 $8.00 $50.912.00 $11.00 $70,004.00 10 2105.505 MUCK EXCAVATION (Do 200 CU YD $7.50 $1,500.00 $800 $1,600.00 $12.00 $2,40000 112211.501 AGGREGATE BASE CLASS 3 MODIFIED 9,716 TON $8.28 $50,69688 $890 S86,739.40 $6.60 323.60 12 2211.501 _ AGGREGATE BASE CLASS 5 (10016 CRUSHED 2.356 TON $1360 532 449.60 $12,65 $30,182.90 $14.00 $33,404,00 13 2232.501 MILL BITUMINOUS SURFACE 2' 18 s0 YD $35.00 $63000 $1450 $261.00 $35.00 $630.00 14 2357.502 BITUMINOUS MATERIAL FOR TACK COAT 296 GALLON 32 45 $725.20 $2.80 $828.80 $2.45 $725.20 15 2360.501 TYPE SP 9.5 WEARING COURSE MIXTURE (3,13) 717 TON $61.50 $44,095 50 $69.00 $49.47300 561.50 $44,095.50 16 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (3.8) 89G TON $6050 $5.4,20800 $61.00 554_ 856.00 $60.50 $54,20800 17 2502.541 4' PERF PE PIPE DRAIN 123 LIN FT $1825 $2,244.75 $19.55 $2,40465 04.65 $7,00 S861.00 18 2503.541 I5' RC PIPE SEWER DESIGN 3006 CLASS V 570 LIN FT $27.37 $15,600.90 $29.30 $16,701.00 $31.00 $17.67000 19 2503.541 ID' RC PIPE SEWER DESIGN 3006 CLASS III 754 LIN FT $30.52 $23012.08 $32.70 $24,655.80 $33.00 $24,88200 20 2503.541 21' RC PIPE SEWER DESIGN 3006 CLASS III 10 LIN FT S4580 $458.00 $49.00 $49000 $55.00 $550.00 21 2503.602 CONNECT TO EXISTING STORM SEWER 1 EACH $35000 5350.00 $375.00 $375.00 $1,997.00 $1,99700 22 2503.603 6' DUCTILE IRON PIPE SEWER CLASS 52 10 LIN FT S60 00 $600.00 $64.25 5642.50 $55.00 $550.00 23 2503.603 8' DUCTILE IRON PIPE SEWER CLASS 52 100 1 LIN FT S4785 S4,785.00 $51.25 $5,125.00 _541.00 $4.100.00 24 2503.603 16' DUCTILE IRON PIPE SEWER CLASS 52 90 LIN FT $100.00 S9,00000 $107.00 $9.63000 385.00 $7,650.00 25 2503.604 4' INSULATION 4 SQ YD $50.00 $200.00 $53.50 S21400 $45.00 5180.00 26 2503.608 DUCTILE IRON FITTINGS 1,035 POUND $3.25 $3,363.75 $3.50 $3,622,50 $3.00 S3,10500 27 2504.602 CONNECT TO EXISTING WATERMAIN 1 EACH $350.00 $350.00 5375.00 $375.00 $2,550.00 $2,55000 28 2504.602 6' GATE VALVE AND BOX 1 EACH $1325.00 $1325.00 $1,420.00 $1420.00 $7.140.00 $1140.00 29 2504602 8' GATE VALVE AND BOX 1 EACH S1 750.00 $1,750.001_ $1 875.00 $1,875.00 $1,566.00 $1,566.00 30 2504.602 HYDRANT 1 EACH $3,300.00 $3,300.001 $3.530.00 S3,530,00 $2,935.00 $2,93500 31 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48 - 4020 23 LIN FT 5275.00 $6,325.001 $295.00 $6,78500 $313.00 $7,199.00 Error in calculation o1385bldtab AsBID TABULATION BT -5 OF 10 OL X09-19 NOIlVln9Vl 0I9si% geip4gSmo MIEMI oW,0J,3 OV1 L99LIPS LZ LOS 9lK — �- St l t( 6riCS---�- PIS ose81elol **LN VLwppM vs •2u/'s31uPMH uo!IVJotlloo Jo"d aJryH :9Ni00IB dO AUVWWl1S Od L L99LVI Z LOV 9tVS 91, l U. 66ES P!9 "TO ielol 09692 LS OZ LS OV SLE LS MIS 09 K9 090S lzi Nil (ISO'l AXOd3 -M0113A 3NI10110S 319nO0.11 ZOS'Z9SZ OS 01,7LZ LS 09 OS 9i'9SE is V9 OS 1.S Vl9S 6Z OS ld Nil 6l L Z AXOd3 - 311HM 3Nn OIIOS.V ZOS'ZBSZ 6V 00'082 LS 00'0085 0009V ZS 000SS LS 00092 is 0000BS 380V 9'L 1N3WHSll9V1S3 3Un1 09-SLSZ 91, 00 Sze' LS 00'SZO iS 00'090 tS 00090 tS 00'00S iS 00005 Ls WnS dvim l MaIN00 NOISOb3 tO9SLSZ LV OO OOZs OO ZS 00'OLZS OL ZS OO OOZs OO ZS OA OS OOL E AU0031V0 S13NNVIS IOU1NOO NOISOU3 EZS SLSZ 9V 00 OOI LS 000OL LS 00092 LS 00092 is 00'005S 00'OOSS H0V3 L 30NVU1N3 NOI10nzswo N00U AUVUOdVt31 Z09'CL9Z SV 00090 ZS 00'0925 0009L ZS OO OLZS 91,'9C6S 90 LL LS HOV3 B N01103108d 131NI NNIVNO WUO1S OES ELSZ VV SZ 915 ES SV LS OS 209 VS 06 is SZ'9LS ES 91, is ld Nil SZV 2 03311S 3NIHOVW 3dAi 30N3d lliS ZO CLLSZ EV 0096S 00'16S 00'ZOl4 OO ZOLS 0096S OO S6S HOV3 L N04S llV1SNl ZOO'V%Z D. 09 LM OC US 08'VOO Ls OV LES 09 LM OC US ld OS Z£ 0 3dA1 S13NVd NOIS ICS-V9SZ It, OO DOSS OO OOSS 00 SCIS 00-S£SS 00.000 ZS 00000 ZS WnS dWnl L IOHIN00 0ljj'dUl L09 C99Z OV 00 SLS OS Les OC'O9s SI OVS 00SLSOS LES HOV3 Z 9 3dAl 1SOd 30I1710 609 VSSZ 6£ 010 9V9 Is 096S 00 V971,S 09 OLS Ov 9109 LS 096$ 13 Nil 99L S30V0188V8 1N3NVW83d S0S'VSSZ 8£ 00 Olin 00'OEs DOKSS 09 9c 00'0910$ 00 0£S ld OS 9l S3W00031VONnb1 8t9'LCSZ LE 09'901. 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ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION 32 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN H 6 LIN FT $175.00 $1,050.00 33 25015.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 6 LIN FT $160.00 $9150.00 I34 35 2506.516 2521.501 CASTING ASSEMBLY 6' CONCRETE WALK 8 105 EACH SO FT 51 000.00 $5.00 $8,000,00 $525.00 36 2531.501 iCONCRETE CURB d GUTTER DESIGN 8618 2,334 LIN FT $9.00 $21,00600 37 2531.618 TRUNCATED DOMES 16 SO FT $30.00 $48000 38 2554.505 PERMANENT BARRICADES 168 LIN FT $9.80 $164640 39 2554.509 GUIDE POST TYPE B 2 EACH 537.50 $75.00 40 2563.601 TRAFFIC CONTROL 1 LUMP SUM $500.00 $500.00 41 2564.531 SIGN PANELS TYPE C 32 SO FT $2930 5937.60 42 2564.602 INSTALL SIGN 1 EACH 595.00 $95.00 43 2573.502 SILT FENCE TYPE MACHINE SLICED 2,425 LIN FT 52.00 $4,850 00 44 2573.530 STORM DRAIN INLET PROTECTION 8 EACH $100.00 $80000 45 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE 1 EACH $1,000,00 $1,000.00 46 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 100 SO YO $2.00 $200.00 47 2575.601 EROSION CONTROL 1 LUMP SUM $500.00 5500.00 48 2575.605 TURF ESTABLISHMENT 1.6 ACRE $800.00 $1,280.00 49 2582.502 4' SOLID LINE WHITE - EPDXY 2.119 LIN FT $0.30 $635.70 50 2582.502 4' DOUBLE SOLID LINE YELLOW - EPDXY 1 1,058 LIN FT $0.60 5634.80 Total Base Bid $474,744.54 SUMMARY OF BIDDING: Total Base Bid Error in celwlaaon ot385bidiab.xlsBID TABULATION BT -10 OF 10 J.R. Forehe, kw - $474,744.54 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPC-,'c� Plan ni ngCo. com IJi1:4LY, [07:7_1L,Ioil I ,I TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 8 February 2012 RE: Otsego — Prairie Park; Splash Pad TPC FILE: 101.01 — 12.01 BACKGROUND ITEM 5-2 City staff has been researching options to address the slash pad surface being stained by iron within the water from the well at Prairie Park. City staff's recommendations are summarized in the memorandum by City Engineer Ron Wagner dated 2 February 2012, which is attached. The proposed system would be an interim treatment option that will serve the splash pad cost effectively until a more complex treatment system would be needed to service greater potable water with expanded facilities at Prairie Park. The cost of the water treatment system installation would be paid for from the Park Community Facilities fund. On-going operating costs for purchase of chemical (quoted at $538.00 per 200 gallons) would be paid for from park operations funded through the General Fund. City staff is seeking approval of the recommended water treatment option to allow the installation to be scheduled as soon as possible and allow cleaning of the splash pad surface by the Public Works Department and sealing of the splash pad surface without interfering with the opening of the splash pad for 2012. City staff reviewed this recommendation with the Administrative Subcommittee at their meeting on 8 February 2012. The Administrative Subcommittee recommended approving the quote from E.H. Renner & Sons Inc. and directed this item be placed on the agenda of the City Council meeting on 13 February 2012. Exhibits: A. City Engineer memorandum dated February 2, 2012 B. Quote from R.H. Renner & Sons Inc. dated January 25, 2012 RECOMMENDATION City staff recommends approval of the quote from R.H. Renner & Sons for installation of a water treatment system at Prairie Park. POSSIBLE ACTIONS A. Motion to approve the quote of R.H. Renner & Sons for installation of a water treatment system at Prairie Park for a cost not to exceed $5,883,00 B. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Brad Belair, Public Works Supervisor Gary Groen, Finance Director 2 Hakanson 3601 Thurston Main Office: 3 5 Avenue, Anoka, MN 55303 ,a. Phone: 763/427-5860 Fax: 763/427-0520 r Anderson www.haa-inc.com MEMORANDUM TO Administrative Subcommittee BY: Ronald J. Wagner, P.E.., City Engineer CC: Lori Jolmson, City Administrator Tami Loff, City Clerk Brad Belair, Public Works Supervisor Dan Licht, City Planner DATE: February 2, 2012 RE: Splash Pad Water Treatment Update The well water used for the splash pad has iron levels of approximately 1 part per million. At this concentration surfaces will stain orange fairly quickly due to the large volumes of water running across the surfaces. In the short time the splash pad was open late last summer, it was evident some type of cost effective solution is needed to remedy this issue. Staff has reviewed several alternatives. 1. Iron and manganese removal using chlorine and a pressure filter system. Pros: Iron and manganese is removed from water and the water would meet MOH drinking water standards for a communal system. Cons: Cost - $25,000 plus estimated. 2. Clean Concrete Periodically Pros: No upfront costs. Cons: Up to Bi -weekly cleaning using a very costly mild acid. - Cleaning Solution — Costs approximately $5,000 for cleaning. - Shut down time to clean. - Labor intensive. - Possible concrete damage over time. 3. Treat Concrete with a Special Sealant product - Not enough information available to review, however my professional opinion is to treat the water not the concrete. I have severe doubts that any sealing product will completely stop the staining. W901-201 Imemo- Splash Pad.doc Page 1 of 2 4. Sequester Iron and Manganese using Poly phosphates Pros: Iron and Manganese is sequestered until water reaches the drain field. Cost is estimated at $7,500. - No cleaning or minimal cleaning of pad required. - Fairly simple implementation (2 tanks and at! injection pump all within existing well head fence). - Not labor intensive — fill supply tank approximately once. a month. - Will not adversely affect water quality of the splash pad. Cons: On going cost of a max of $5,000 per year for poly guard based on a very conservative splash pad use assumption of 5 1/3 months at 8.5 hours per day every day. We recommend implementing the sequestering option (Option 4). Long term, Option l (water filtration), would provide the City with MDH drinking water standards so additional drinking fountains, restrooms and concession stands could be added but those appear to be years away and therefore; the upfront cost would not be justified. Option 2 (cleaning), may cost upward of $20,000 per year for cleaning solution and labor and was deemed not cost effective. Option 3 (sealing concrete), has many unknowns and attempts to treat the result of the. problem and not the problem. I believe use of Option 3 would still result in use of Option 2 (cleaning) but lessen the degree and rate of staining but not rid the splash pad of staining. Hakanson W901-201 I memo -- Splash Pad.doc Page 2 of 2 1 1 IlAnderson E.H. RENNER & SONS, INC. 15688 JARVIS STREET NW / ELK RIVER, MN 55330 PHONE: (763) 427-6100 / FAX (763) 427-0533 Service Estimate Customer: City of Otsego Contact: Ron Wagner, Hakanson Anderson Address 3601 Thurston Home # Work # City/State: Anoka, MN 55303 Mobile # Fax # Site: Prairie Park Address: 13430 90th Street NE City/State: Otsego, MN Well Information: Email: Total Depth: 250 ft. Casing Depth: 147 ft. Well Diameter: 12 in, Unique No.: 694916 Scope of Work: Install hydropnuematic tanks and Poly Guard chemical injection system. Description Quantity Units Unit Price Extended Total Trip Charge Service Technician Tank Flex -Lite FL -40, 119 gallon fiberglass & fittings Poly Guard pump and relay Poly Guard 100 Gallon tank (approximately 220 hrs run time) Poly Guard - 5 Gallon Poly Guard 200 Gallon tank (approximately 440 hrs run time) 1 Trip $110.00 $110.00 4 Hour $106.00 $424.00 2 Each $1,270.00 $2,540.00 1 Each $1,529.00 $1,529.00 1 Each $420.00 $420.00 4 Each $215.00 $860.00 Estimated Total $5,883.00 Each . $538.00 Notes: A plan review and permits may be required by the MN Dept. of Health and/or The MN Dept. of Labor and Industry. Plan review and permits are not included in this estimate. Electrical work is not included in this estimate. A signal cable from the Splashpad controls will be required to provide a run sigani for the Poly Guard system. Concentrated Poly Guard is mixed in the tank at a ratio of 18gal Poly Guard: 82gal Water. Poly Guard usage is calculated on assumed levels of iron (1 ppm) and hardness (20 gpg). Adjustments may need to be made to Poly Guard dosing levels to optimize perfomance. Poly Guard must be injected into the water supply line and thoroughly mixed before chlorine is injected. Estimator: B01 `%a1rr bob(a�ehrenner.com Date: 1/25/2012 By signing below you accept the proposed work, estimated prices, and our terms and conditions (see reverse side for terms and conditions) and authorize E.H. Renner & Sons, Inc. to perform the work. Customer / Representative Signature: Date: 18.2% Poly Guard Solution To treat raw water with 1 ppm iron and 20gpg hardness Gallons of Poly Guard concentrate Gallons of water Gallons of mixed solution Hours of Splashpad Operation Days of Operation at 4.2 hrs/da 55.0 + 247.2 = 302.2 667.9 159.0 36.4 + 163.6 = 200.0 442.0 105.2 18.2 + 81.8 = 100.0 221.0 52.6 15.0 + 67.4 = 82.4 182.1 43.4 10.0 + 44.9 = 54.9 121.4 28.9 5.0 + 22.5 = 27.5 60.7 14.5 1.0 + 4.5 = 5.5 12.1 2.9 ITEM G_1 REQUEST FOR COUNCIL ACTION TO: Otsego Mayor and City Council FROM: Gary Groen, Finance Director DATE: February 8, 2012 RE: Refinancing of the 2005B Improvement Bonds Background: On January 23, 2012, the City Council approved resolution 12 — 09 authorizing the issuance of General Obligation Crossover Refunding Improvement Bonds, Series 2012A. The purpose of the resolution was to refinance the balance of the General Obligations Improvement Bonds, Series 2005B and take advantage of a lower interest rate. The projected savings was $200,689 with a present value savings of $137,806. The actual results of the refinancing were actually slightly better than the projection. The results of the refinancing project are attached for your review along the resolution awarding the sale of the bonds. Action Requested: • 1 am recommending the City Council approve resolution 2012-14 accepting the sale of the G.O. Improvement Crossover Refunding Bonds, Series 2012A Attachment: • Bond sale summary for your review • Resolution 2012 - 14 City of Otsego, Minnesota $1,400,000 General Obligation Improvement Crossover Refunding Bonds, Series 2012A Bond Sale Summary February 13, 2012 PURPOSE: To crossover refund on December 1, 2014 the December 1, 2015 through 2026 maturities of the City's General Obligation Improvement Bonds, Series 2005B for interest cost savings. FINANCE PLAN: To provide the City with maximum interest cost savings through a combination of rate reduction and cash contribution. Available debt service funds of $350,000 are being contributed to reduce the term of the original issue from 2026 to 2021. RESULTS: • Total net savings of $202,425 with a present value of $141,699 • The City's credit rating was reaffirmed by S&P as "AA-" Final Finance Summary of Savings Analysis on Plan 02/01/12 01/23/12 Par Amount $1,400,000 $1,435,000 Average Interest Rate 2.00% 1.34% True Interest Cost (TIC) 1.55% 1.61% All Inclusive Cost (AIC) 1.75% 1.80% Net F.V. Savings $202,425 $200,689 Net P.V. Savings $141,699 $137,806 Net P.V. Benefit 7.54% 7.36% Debt Service Comparison Date Total P+I PCF Existing D/S Net New D/S Old Net D/S Savings 12/01/2012 21,000.00 (21,000.00) 257,743.76 255,312.52 (92,256.24) (347,568.76) 12/01/2013 28, 000.00 (28, 000.00) 261,143.76 261,143.76 261,143.76 - 12/01/2014 28,000.00 (1,733,000.00) 1,959,143.76 254,143.76 254,143.76 0.00 12/01/2015 228,000.00 - 228,000.00 272,143.76 44,143.76 12/01/2016 219,000.00 - 219,000.00 264,143.76 45,143.76 12/01/2017 210,100.00 - 210,100.00 256,143.76 46, 043.76 12/01/2018 221,300.00 - 221,300.00 262,893.76 41,593.76 12/01/2019 222,200.00 - 222,200.00 263,756.26 41,556.26 12/01/2020 213,000.00 - 213,000.00 254,193.76 41,193.76 12/01/2021 198,900.00 - 198,900.00 244,518.76 45,618.76 12/01/2022 - - 49,675.00 49,675.00 12/01/2023 47,875.00 47,875.00 12/01/2024 51, 075.00 51, 075.00 12/01/2025 - 49,050.00 49,050.00 12/01/2026 - - 47,025.00 47,025.00 Total $1,589,500.00 (1,782,000.00) $2,478,031.28 $2,283,100.04 $2,485,525.10 $202,425.06 PV Analysis Summary (Net to Net) Gross P\/ Debt Service Savings ..................... 489,268.56 Net PV Cashf low Savings @ 1.280%(Bond Yield)..... 489,268.56 Transfers from Prior Issue Debt Service Fund...... (350,000.00) mount..... Net Present Value Benefit $141,699.80 Net P\/ Benefit/ $1,879,396.90 PV Refunded Debt Service 7.540% EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF OTSEGO, MINNESOTA HELD: February 13, 2012 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly called and held at the City Hall on February 13, 2012, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $1,400,000 General Obligation Improvement Crossover Refunding Bonds, Series 2012A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION 2012-14 RESOLUTION ACCEPTING PROPOSAL ON THE NEGOTIATED SALE OF $1,400,000 GENERAL OBLIGATION IMPROVEMENT CROSSOVER REFUNDING BONDS, SERIES 2012A AND PLEDGING SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Otsego, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a crossover refunding of the City's $3,020,000 original principal amount of General Obligation Improvement Bonds, Series 2005B, dated December 1, 2005 (the "Prior Bonds"), which mature on and after December 1, 2015; and B. WHEREAS, $1,705,000 aggregate principal amount of the Prior Bonds which mature or is subject to mandatory redemption on and after December 1, 2015, is callable on December 1, 2014 (the "Refunded Bonds"), at a price of par plus accrued interest, as provided in the resolution adopted on November 14, 2005, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and C. WHEREAS, the crossover refunding of the Refunded Bonds on December 1, 2014 (the "Crossover Date") is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and D. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,400,000 General Obligation Improvement Crossover Refunding Bonds, Series 2012A (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover refunding of the Refunded Bonds; and 4460837v1 E. WHEREAS, as permitted by Minnesota Statues, Section 475.60, Subdivision 2(5), the public sale requirements do not apply to the Bonds; and F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Otsego, Minnesota, as follows: 1. Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser"), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,439,342.35, plus interest accrued to settlement, is hereby accepted. 2. Bond Terms. (a) Original Issue Date, Denominations; Maturities. The Bonds shall be dated March 1, 2012, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on December 1 in the years and amounts as follows: Year Amount 2015 $200,000 2016 195,000 2017 190,000 2018 205,000 2019 210,000 2020 205,000 2021 195,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry OnlySystem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the 'Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. 0) 4460837vi (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any 4460837v1 replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the 4 4460837v1 Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. The Bonds shall provide funds for a crossover refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $2,021,096.70 for the Prior Bonds to a total dollar amount of $1,879,396.90 for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds as required in Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 2012, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2015 2.00% 2016 2.00 2017 2.00 2018 2.00 2019 2.00 2020 2.00 2021 2.00 5. No Optional Redemption. The Bonds are not subject to redemption and prepayment prior to their stated maturity dates. 6. Bond Re ig strar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is 5 4460837v1 duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 0 4460837v1 0 UNITED STATES OF AMERICA STATE OF MINNESOTA WRIGHT COUNTY CITY OF OTSEGO GENERAL OBLIGATION IMPROVEMENT CROSSOVER REFUNDING BOND, SERIES 2012A Interest Rate Maturity Date Date of Original Issue CUSIP December 1, March 1, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Otsego, Wright County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior redemption, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 2012, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this W 4460837v1 Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. No Optional Redemption. All Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance, Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,400,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, redemption privilege and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on February 13, 2012 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding on December 1, 2014, of the Issuer's General Obligation Improvement Bonds, Series 2005B, dated December 1, 2005, which mature on and after December 1, 2015. This Bond is payable out of the Escrow Account and the Debt Service Account established by the City pursuant to the Resolution. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 8 44608370 Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax -Exempt Obli ag tom. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Otsego, Wright County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Northland Trust Services, Inc. Minneapolis, Minnesota Bond Registrar By Authorized Signature Registrable by: NORTHLAND TRUST SERVICES, INC. Payable at: NORTHLAND TRUST SERVICES, INC. CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA Mayor Clerk 9 4460837v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (State) (Minor) Uniform Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad -15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: 10 4460837v1 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of March 1, 2012. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 11 4460837v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Ri ht�s Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Clerk to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund designated the General Obligation Improvement Crossover Refunding Bonds, Series 2012A Fund (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The fund 12 4460837v1 shall be maintained in the manner herein specified until the Bonds and the interest thereon shall have been fully paid. In such records there shall be established and maintained the following separate accounts, for the purposes as follows: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with Northland Trust Services, Inc. (the "Escrow Agent"), in Minneapolis, Minnesota, which is a suitable financial institution within or without the State. $1,440,353.46 in proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds less proceeds used to pay costs of issuance and any proceeds returned to the City are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including the Crossover Date; and (ii) to pay when called for redemption on the Crossover Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including the Crossover Date, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on the Crossover Date. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the Clerk. Any moneys remitted to the City pursuant to the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (i) after the Crossover Date, all uncollected special assessments pledged to the payment of the Prior Bonds; (ii) any collections of all taxes heretofore or hereafter levied; (iii) any sums remitted to the City upon the termination of the Escrow Agreement; (iv) all investment earnings on funds in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (a) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (b) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any 13 4460837v1 applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Special Assessments. The City has heretofore levied special assessments pursuant to the Prior Resolution, which were pledged to the payment of the principal and interest on the Prior Bonds and, after the crossover date, the uncollected special assessments for the Prior Bonds are now pledged to the payment of principal and interest on the Bonds. The special assessments are such that if collected in full they, together with estimated collections of taxes herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The special assessments were levied as provided below, payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: Levy Collection Improvement Designation Years Years Amount Rate See attached schedule 17. Coverape Test. The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds and sums held in the Escrow Account, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. . 18. General Obligation Pledgee. For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 19. Securities, Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 14 44608370 20. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and Clerk shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 21. Purchase of SLGS or Open Market Securities. The Escrow Agent, as agent for the City, is hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities as provided in paragraph 19, from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 22. Redemption of Prior Bonds. The Prior Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notice of Call for Redemption, in the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. 23. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 24. Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 25. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 26. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Wright County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate 15 4460837v1 that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 27. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 28. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 29. Tax -Exempt Status of the Bonds, Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. (e) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; 16 4460837v1 (f) the aggregate face amount of the Bonds does not exceed $5,000,000; (g) each of the Refunded Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (h) the average maturity of the Bonds does not exceed the average maturity of the Refunded Bonds; and (i) no part of the Bonds has a maturity date which is later than the date which is thirty years after the date the Refunded Bonds were issued. 30. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2012 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2012 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 31. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. 17 4460837v1 (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 32. Governmental Bonds Post -Issuance Compliance Policies and Procedures. The City hereby approves the Governmental Bonds Post -Issuance Compliance Policies and Procedures in substantially the form presented to the City Council. 33. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 34. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 18 4460837v1 The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. ATTEST: Tami Loff, City Clerk 4460837v1 CITY OF OTSEGO Jessica L. Stockamp, Mayor 19 City of Otsego 105% Levy G.O. Improvement Crossover Refunding Bonds, Series 2012A 2005B Less: Date Fiscal Total 105% Levy Assessment Net Levy Levy Collection Revenue* Year Year 03/14/2012 - 12/01/2012 21,000.00 06/01/2013 - 12/01/2013 28,000.00 06/01/2014 - 12/01/2014 28,000.00 06/01/2015 - 12/01/2015 228,000.00 239,400.00 208,253.60 31,146.40 2014 2015 06/01/2016 - 12/01/2016 219,000.00 229,950.00 200,639.85 29,310.15 2015 2016 06/01/2017 - 12/01/2017 210,100.00 220,605.00 193,026.11 27,578.89 2016 2017 06/01/2018 - 12/01/2018 221,300.00 232,365.00 185,412.37 46,952.63 2017 2018 06/01/2019 - 12/01/2019 222,200.00 233,310.00 177,798.63 55,511.37 2018 2019 06/01/2020 - 12/01/2020 213,000.00 223,650.00 170,184.88 53,465.12 2019 2020 06/01/2021 - 12/01/2021 198,900.00 208,845.00 162,571.14 46,273.86 2020 2021 - - 2021 Total $1,589,500.00 $1,588,125.00 - Assessments provided by the City assuming rates as originally filed in 2006 and 2007 at 6.00% and 7.00% respectively. ** Paid from Escrow Account. 4460837v1 ITEM 6-2 REQUEST FOR COUNCIL ACTION TO: Otsego Mayor and City Council FROM: Tami Loff, City Clerk DATE: January 31, 2012 RE: Board of Review Background: I received a tentatively set Board of Review date from the County Assessor for April 30th at 6:30 PM. That is a non -council meeting night so I asked Mr. DesMariais if we could reschedule to a City Council meeting night. He replied that he only had available April 23 and is recommending a 5 PM start time. Action Requested: • Consider setting the Otsego Board of Review date for April 23, 2012 at 5:00 PM. or consider setting the Otsego Board of Review date for April 23, 2012 at 5:30 PM and notice the regular scheduled City Council meeting to start at 7:00 PM or directly following the Board of Review. Hal<anson Anderson MEMORANDUM Main Office: 3601 Thurston Avenue, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 www.haa-inc.com TO: Honorable Mayor and City Council FROM: Ronald.). Wagner, P.E. CC: Lori Johnson, City Administrator Tami Loff, City Clerlc DATE: February 7, 2012 RE: Routes of Regional Significance Applications 35 The City of Otsego has two projects which have had applications submitted for grants. The state aid office will determine which projects are funded from a $10 million pool of Federal Aid. The requirements are that it be a route of regional significance and be constructed during the 2013 construction season. The two projects are CSAH 42 from TI -I101 to 85`x' Street and 70"' Street from Martin Farms Avenue to CSAR 37. Wright County was the sponsor of the CSAII 42 project and has requested $200,000 for an overlay with safety modifications (dedicated turn Innes and bypass lanes) at the intersection with the elementary school driveway. The 70'x' Street project was sponsored by the City of Otsego and the request was in the amount oh $200,000. Wright County chose not to apply for the CSAH 37 project from T H 101 to Quaday Avenue. Apparently the cost was too much for the Board to promise their local share of the project for 2013 construction. We had asked this be upgraded to 4 lane urban section. Three other applications were submitted by the County for Routes of Regional Significance orant. Those were CSAH 75 west of Monticello (see exhibit), CSAH 35 west of Buffalo (see exhibit). and CSAH 33 south of Buffalo from TI -155 to CR120 north of Rockford (see exhibit). o1901 -2012 -Routes of Regional Si�uniticance.doc Page 1 of 1