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03-13-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL MARCH 13, 1995 1. Mayor Norman F. Freske will call meeting to order Mayor Freske called meeting to order at 6:30 PM ROLL CALL: Mayor Norman F. Freske, CM Larry Fournier, Ron Black, Vern Heidner, Suzanne Ackerman. Staff: Attorney Andy MacArthur, Engineer Larry Koshak, Assistant Planner Bob Kirmis, Clerk/Zoning Administrator Elaine Beatty, Deputy Clerk Judy Hudson, Building Official, Jerry Olson, Secretary Carol Olson. 2. Consider Agenda approval (Deletions orAdditions) Fournier: Add under other CC:. set a date for interviews for Director of Business & Finance. Set Policy and Procedure for Hiring New City Employees. Discussion on possible sharing of services with Dayton. Discussion of EDA Meeting consider proposed pricing of TIF. (Dan Wilson) CM Black: under 5.1 Add draft questions for interview. CM Fournier motioned to approve as amended. CM Heidner seconded. All in favor. Motion carried. •s •- u 1 - Special Workshop Meeting 2-22-95 CM Black motioned to adopt minutes for City Council Workshop Meeting of February 22, 1995. Seconded by CM Fournier All in favor. Motion carried. CM Fournier motioned to adopt minutes for City Council Meeting of February 27, 1995 with correction on Page 7, changing CM Heidner to CM Fournier. CM Black seconded. All in favor. Motion carried. •11 •s••• GI,, ••• . • • 111 • '• , • Ordinance. Tom Salkowski introduced Willie Gibbs, associated with Environmental Health Dept. He stated that he should have been to Otsego sooner to discuss concerns and develop ways to implement Ordinance. He thought Otsego would have been one of the strongest supporters of the Ordinance. Mr.Salkowski stressed the importance of working as a team and the County is convinced that this Ordinance is in the City's best interest. The state's goal is not to get rid of sewage, but treat it. The County's primary goal i ground water protection. Identifying non -conforming sewers at the point of sale is best for consumer protection. The County is implementing a septic education system. Second point is, this Ordinance is relatively easy. The sewer certification will take place when the property is listed. This is just a tool in getting systems up to date. Third point is, the County felt financially it is less of a hardship at the point of sale, and this solution is less expensive than a ground water pollution problem. Mr. Salkowski asked for any questions. Otsego City Council Meeting of March 13, 1995, cont'd. Page 2. CM Heidner's concern was if it is a failed system or not meeting standards.to bGibbs e and the explained C thaern at there is a need to look at a properly operating sewer system now. Compared of shallow wells, and with systems dating prior to 1972. Mr. Salkowski thoughtnowttht rules es change. he T is hearing is that if someone puts in a system today and then three years 70/80 Rules state that systems put in according to rules will be allowed, except for ones with seepage beds or close to water levels. The County will accommodate to a point. CM Black's concerns were if non -conforming systems equate fails but t was buiem. Thelt in approach pprcompliance other him. He feels that a resident can have a brand new system that the rules. Mr. Salkowski replied that failure means that the system is failing to treat sewage properly and should be repaired. If the system is non -conforming is should be repaired. CM Fournier stated that his concern is with jurisdiction. The municipalitytd should handlevetht is.Thcaneit e City of Otsego has an Ordinance in place to pump every two years. He also better. CM Heidner feels that some of the older systems Ordinance and he stands behind thisn It Bran upgrade systems. Larry Koshak said the County should review our from the County. Tom Salkowski asked where is the conflict. CM Black said move the bbe spent at the time a houseaisto have our own jurisdiction and control. This requires a lot Y CM Heidner agreed that education is important but the County should exempt municipalities that are ove sold. Larry Koshak asked if there is any evidence that there are failed systems in Otsego. Mr. Salkowski said 5,000 population. there is no evidence but that he knows there are hundreds. Andy MacArthur thought that as far as jurisdiction, it is still unclear. He felt that the County will have a problem with enforcement if the City doesn't go along with this. Mr. Salkowski reviewed the working of 70/80 Rule stating lwahat lt does not require a county inspector an s had a good working relationship with could be a local inspector. He stressed that the county has y Otsego and they want to work together on bringing our records up to date. Mr. MacArthur informed the Council that the County is taking action on this le fix theirtomorrow, failings March 14 , 199 4ys199, CM Heidner again stressed that the City doesn't have a problem making people but is concerned about non -conforming systems. He asked if the Commissioners would delay action on Pat Sawatske stated they can bring up your request to delay. He also stressed they weren't trying not tl this. come to yu ier, if we had heard look at Otsego's Ordinance. Mr. Sawatske said they would have Ordinance has a lotlof support from the from you earlier. He also pointed that the The Point of Sale O Commissioners. CM Fournier requested that this should be discussed. 5 Qpen Drum Mike Luconic asked if the City was ready to do the storm water project. Larry Koshak said we can't take any action until the hearings are done and Ordinances are adopted. Scott Farkas, 16498 NE 70th Street: (101 & 70th St)He was concerned with the center island, his driveway being moved and losing trees and splitting his property. He also said that the State is showir access behind his land. Mr. Farkas also wondered if there were plans to rezone this area for commercial. Otsego City Council Meeting of March 13, 1995, cont'd. Page 3. Larry Koshak stated that he has a meeting with the State tomorrow regardinghe intersections this mat meetser. Koshak said the issue of intersections has to be address. The configuration o criteria. The Council agreed that the divider seems long and this shouldbW taken City's Comprehensive Use r future commercial development. They suggested that Mr. Farkus Plan. • •o • �• - • • ', .g• 1.1 - CM Black asked that the Council give their questions to Judy Hudson by Wednesday morning. These should be reviewed by the City Attorney. • C••.•a .I .,'.1 r Mr. Kirmis went over Mr. German's intent according to his report of February 1, 1995. He recommends the rezoning and allowing the variance: Mayor Freske asked if this has been discussed with the neighbors. Elaine Beatty said we haven't receivedDiscussion: confirmation on this. •- •u : •• CM Heidner motioned to rezone PID 118-800-142100 from Ag -1 to R-1. CM Black seconded. All in favor. Motion carried. t • . • •••• - • . •.. • - ••. CM Black motioned to adopt Planning Commission's recommendation to allow a lot less than 2.5 acres in an R-1 Zoning subject to the following conditions: 1. The City approve the requested R-1 Zoning of the subject pS received no op erty. 2. A complete application for the subdivision of the property no later than June 1, 1995. 3. The City approve a subdivision of the subject property similar to that depicted upon Exhibit C of the incorporated NAC report dated February 1, 1995. (attached) Seconded by CM Ackerman. All in favor. Motion Carried. .i.� - • . •. • A I S - •.S 11 i ►- CM Fournier motioned to accept Planning Commission's recommendation and approve variancE to allow a lot width less than 200 ft in an R-1 Zoning subjectto the following cos. 1. The City approve the requested R-1 zoning of the subjectubdivision of the propertys received not later 2. A complete application than June 1, 1995. 3. The City approve a subdivision of the subject property similar to that depicted upon Exhibit C of the incorporated NAC repor dated February 1, 1995.(attached) CM Heidner seconded. All in favor. Motion carried. •1 i� Otsego City Council Meeting of March 13, 1995, cont'd. Page 4. •e • : O. •. •-• . •• -A- . . 0 • Bob Kirmis referred to letter of March 6, dedicating park land, in lieu of money, professional fees etc. see letter. He recommended having Parks and Rec. look at comme t and have tto raisal verified. consult with Merlin Otto. CM Black motioned to have Park and Rec. review for Seconded by CM Fournier. All in favor. Motion carried. Discussion: CM Fournier asked for comments from Andy MacArthur, City Attorney. Mr. MacArthur pointed out that Mr. Bulow is asking for three subsequent additions on this. CM Heidner felt that we may be concentrating too much park land in one area. Chris Bulow asked if this land has any other potential use. Mr. Koshak thought possibly a drainage and ponding area. • : • • •- ' .,, • s : ',- Bob Kirmis felt that there should be some direction from City state that final plats m Planning Commission tst g before the regarding final review of final plats. The Ordinance does not Planning Commission. Elaine Beatty also stated that the Ordinance doesn't require this, especially when there are no substantial changes.to Mayor Freske said that as long as there are no big changes they shouldn't have the come Planng back Cthrough hms sh. n Bob Kirmis pointed out that the_ Council has the option of referring CM Black expressed his concern to keep the application moving, make sure that all processing has been completed before its goes in front of the Planning Commission. Andy MacArthur further discussed the processing and that at times additional staff meetings prior to notice of hearing, are needed. Elaine Beatty agreed with this. CM Black has discussed this with other professionals and Hearingd dtto the that there are significant meetings with staff. A lot of issues are ironed out prior to the g andout prior to the time it gets City Council. CM Heidner asked if the fees for the additional meetings are kory theacatnd Mr.d Koshak be he wen over the process that the applicant, by this time, has already filedapplication responsible fee payer. :,• U • : de ik : 0•1- �' ••• - •s: •' •••-1 Andy MacArthur presented the draft agreement for Big Ed's Sales. needs d Bigg Edon ffrom had a mini ngil permit ite cast yea and a condition of permit was that sales cease. Big Ed now proceed with trailer sales or not. There has been informatio from tthe planner interim use aregarding Hwys. The Mr. gneral idea was this was done because of the unique circumstances, MacArthur hadn't taken into consideration that sales ceased. and Norman F Freske, Mayor, sign an CM Fournier motioned to have the Clerk, Elaine Beatty Interim Use Permit with Mr. Dauphinais. CM Heidner seconded. M inclu Fournier, things man. mentione in Attorneys letter. Voting for: Mayor Freske, CM Heidner, Voting Against: CM Black. Motion carried four to one. Discussion: CM Black asked about the conditions mentioned nded business nin the city. CM Black fel o dated 3-8-95. Conditi( A,B,C, D. Mr. Kirmis' conditions are imposed upon home exte that the use you are considering goes beyond this, and would be inappropriate. CM Fournier said it is the City's view to let the residents along Hwy 101 use their property until Hwy 101 work is done. CM Black was concerned with this lO pr ° 1 ll be done ach iin a Pouple of yearf revious s and if there is a violation the Mayor Freske stated that Highway permit will be pulled. Otsego City Council Meeting of March 13, 1995, cont'd. Page 5. CM Fournier wanted Mr. Dauphinais comments. Mr. Ed Dauphinais stated that there should be more than one use for this big piece of property. His expenses were so large from the mining permits and needs to make a living. The State is taking half of his frontage for a holding pond. Any time that agreement is violated, the City has the means to shut him down and he won't have an access when they start the road. CM Heidner asked about #10 in the Agreement, providing volume of sales, and questioned if we needed this information. 7.2 Consider Ordinance Establishing Stortnwater Taxing Districts: Clerk Beatty suggested larger maps for residents to view prior to hearing. 7 3 Consider_Sumtnary of theme ment Ordinance neveral Assessment ance for was publishedland needs to be because ion: Mr. MacArthur said apparently the As we are amending it and have drafted a summary for publication. CM Fournier motioned to approve summary of the Special Assessment Ordinance establishing policy and that it is to be published. CM Heidner seconded. All in favor. Motion carried. 7.4 Discussion of Importance ofDolan Case Andy MacArthur explained that the City is required to show a study to justify why a particular ordinance or easement is needed. Prior to this, it was the developer's burden of proof. Now it has switched to the city. Planning and Zoning should be aware of this. Our Ordinances will need to be adjusted. CM Fournier asked if we need a public hearing. Attorney said yes. Bob Kirmis will put together a memo stating what needs to be done and Andy MacArthur will make available his report. 7 5 Discussion of Vacation of Streets concerning Chris Bulow's Development: Mr. MacArthur stated that the Council has to act upon petition. If the council wants to vacate any other streets in this plat, they can do through resolution and a public hearing. CM Black questioned if Resolution be acted upon in conjunction with this petition. Mr. MacArthur said yes but we need to know the perimeters. Chris Bulow said there would be a lot of opposition from neighbors. Mayor Freske asked how expensive would this vacation of streets be. probably be under $1,000. Mr. MacArthur said the cost for the general description for the hearing would p Y If there would be legal action there would be additional money. Mayor Freske asked if at the Hearing could we take action on only Mr. Bulow's property and not the other. Mr. MacArthur said yes. CM Black motioned to set a hearing for the vacation of streets South of CO RD 39, East of Nashua Avenue of Old Townsite Plat excluding Chris Bulow Plat by Resolution, subject to City Engineer's comments. Seconded by CM Fournier. Discussion: CM Heidner asked if the vacation happens at the hearing through the Resolution. The Council replied yes. Mr. Koshak explained that the Law states who gets the property upon vacation, 50/50 to each abutting property owner. The City Engineer suggested to do research and bring back in front of the Council. Mayor Freske was concerned with the time frame for Mr. Bulow. CM Fournier withdrew his second f r the reason of failed for lack needing f ng mosecondre time to review. The Mayor asked for a second. Motion CM Heidner motioned to hold a Public Hearing on April 3, 1995 at 6:30PM for Vacation of Roac in the proposed Bulow Acres. CM Fournier seconded. All in favor. Motion carried. Otsego City Council Meeting of March 13, 1995, cont'd . Page 6. CM Fournier motioned to have City Engineer nd AttorneytioCM Black some o a background information on this for consideration of Street VaVoting for: CM Ackerman, CM Fournier. Voting Against: CM Black, CM Heidner, Mayor Freske. Motion failed with 3 to 2 vote. Discussion: CM Black thought what we were trying to accomplish was the vacation of streets with limited amount of landowners and limited development interest. CM Heidner questioned if we could have the attorney do a letter and refer to it whenever this subject comes up. CM Fournier asked about hearing cost. Attorney said that if the area is to the South of 39 and East of Nashua it wouldn't create a lot of trouble and expense. A legal description will have Koshak recommended to go with the street to should If u spend the money now you will be further ahead. M vacation as it needs to be done. 7.6 Any other Legal Business Mayor Freske went over an article on Cable Communications.from the MN League of Cities. CM Black motioned to table this discussion until March 27, 1995 in order to give the City Attorney time to review. Seconded by Mayor Freske. All in favor. Motion carried. Mr. MacArthur asked if the Council would want anyone to attend the Point of Sale Hearing at the County. The Council felt they had expressed their position and having someone attend would serve no purpose 8. Larry Koshak. City Engineer • 6 : s e t e s 4� . • . III e „ • 473.50 upon receipt of the CM Black motioned to pay final payment to Dennis Fehn of $3, required paper work from Mr. Fehn as outlined by City Engineer. Seconded by CM Fournier. All in favor. Motion carried. Mr. Koshak referred to the Municipal State Aid Street Plan Map 1994/1995 for current updates of road conditions in the City. The Map has been changed to reflect what has been done. Mr. Koshak went over the current MSA funding status construction fund. (See Attached) MSA Gross System Balance Unencumbered balance as of 12-31-94 $301,868.410 1995 MSA Apportionment $207 ,083.01 00 Total gross system balance 1995 Planned Expenditures MSAP #217-107-01 (completion of 88th Street) MSAP #217-105-01 (Odean Avenue) MSAP #217-020-02 (70th Street) MSA NET SYSTEM BALANCE Estimated 1996 Apportionment $200,000.00 Approximate MSA Funds Available for Additional Projects: $536,631.41 8,700.00 103,050.00 60,500.00 $172,250.00 $336,631.41 Otsego City Council Meeting of March 13, 1995, cont'd. The projects that Larry Koshak recommended are: Quaday Avenue (Northern Part) Quaday Avenue (37 to 42) 85th Street (Nashua to Odean) 85th Street (Odean to Page) Page Ave (C039 to 85th St.) Also the 96th Street. CM Fournier was concerned with the dropping amount of this is figured on population and will probably continue to CM Fournier motioned to approve the MSA Program Motion carried. $210,000.00 $390,000.00 $350,000.00 $530,000.00 $325,000.00 Page 7. the MSA Funds. Mr. Koshak explained that drop until there is more development. for 1995. CM Black seconded. All in favor. :-.•i ..a. - •. II to.. ►/-- o Mr. Koshak attended a meeting at MN/Road on Friday, March 3, 1995. The Finnish government is looking for a commitment of 60. miles of road for 1995, there were no commitments. The International Road Conference will be held in June in Otsego. Mn/DOT will repair the problems on Jalgar Avenue before the June Conference. 8.4 Any other Engineering Business .., - •u .•I •. I.,' Od�e nd 37 CSAR - Engineer will be meeting with the property owners and should be ready for projec approval at next City Council Meeting. •• • $ • - n • • , ' , s t - . • • . Will be ready for next City Council Meeting. Long Haul Trucking: We do not have in the standard street construction street with , a commercial shouldersst should have reet section o industrial street section. Mr. Koshak feels we need a strongerpaved method of determining uniform thickness based on truck weights. Mayor Freske asked if the County is aware of what is going in there, and if 37 is strong enough for trucks. Mr. Koshak explained that once application has been received. The County will be involved CM Fournier asked what would the weight class be. Mr. Koshak said 14 Ton. We must make sure it is through the process. wide enough. CM Black motioned to have the City Engineerpepa in ufapdate street stnandard dto include industrial street sections. CM Heidner seconded. Storm water issues; Mr. Koshak met with Vernon Kolles regarding his water problems. His corn bin is completely surrounded by water. CM Black asked Larry Koshak or Dave Chase to go and check where water is coming from. Ochoa Culverts: There should be culverts in all six driveways. . , ; - • . ' Mayor Freske said restrictions went on today. Striping and Markings: Mayor Freske needed a response to a letter he received from Wright County. Mr. Koshak suggested that the City should get their own quotes. Specht's Letter. Haven't received a response. DNR Meeting at City Hall on March 15. Elaine Beatty said the Planner will be attending. Otsego City Council Meeting of March 13, 1995, cont'd. Page 8. 9. City Council Items: ` C•. • .s• 15511 •sue FDAC CM Fournier reported that themeeting kw whar t the Council thoughch 6 was canceledtof to bad weather and rescheduled for March 14, 1995. He wanted to kno having Dan Wilson attend the EDAAC Meeting and discuss the proposed Legislature placing further restrictions of TIF. The Council suggested to have Dan Wilson prepare a memo regarding this. CM Fournier reo orrte pthat there will be three hearings at the March 15th meeting. c. Parks and Rec. Board CM Ackerman will be attending the March 14th meeting. d. Community Rec. Board CM Black had no report. k' Al, els ns gettingthe City's Mayor Freske reported that Dave Chase isquotes on sealcoating, MnDOT is taking Y grader down to Ziegler for repairs. Dave Chase said that the steaming is going well, but they are not done. Dave also brought up the snow plowing policy. He explained that during snow fall, plowing is not done until it quits snowing. The Council agreed with this policy and said to continue this policy. f. Otsego Creek Authority CM Heidner and CM Fournier had no report. t— Adm Sub-Committe-t CM Fournier asked to change the interview date because of one nCM Heidner seconded.t not being able to Al in CM Black motioned to set March 22, 1995 at 6 PM f favor. Motion carried. 9.2 Discuss DTED Re: Grant for Sewer and Water Mayor Freske will contact DTED. 9.3 Discuss MACTA - MN Assoc. of Cable TV Adm - See 7.6 • . • • I •l ••. - •I ..I • D. CM Fournier motioned to approve the rate schedule for Clean Up Day as listed. Seconded by CM Black. All in favor. Motion carried. Appliances $8.00 Car Tires $1.00 Light Truck Tires $1.00 Large Truck Tires $5.00 Inner tubes $1.00 Bike Tires $1.00 Motorcycle Tires $1.00 Scrap Metal Batteries No Charge Household goods No Charge Items containing Springs $7.00 Otsego City Council Meeting of March 13, 1995, cont'd. Page 9. • 1 . • " 1" '• • . • 1 ' • • - I1 • • . • 1 • SS U a. Appointing a Heritage Preservation Committee CM Black motioned the following appointments to the Heritage Preservation Committee. Seconded by CM Fournier. All in favor. Motion cai Janet Bridgeland 3 year term Arlene Holen 2 year term Frieda Lobeck 1 year term Joan Nichols Elaine Norin Joy Swenson 3 year term 2 year term 3 year term Discussion: CM Heidner asked if we needed to interview these applicant. CM Black replied that we had asked for applicants and these six people responded. b. Consider Adoption of By -Laws (attached) CM Black motioned to adopt the submitted Heritage Preservation Commission By -Laws. Seconded by CM Heidner. All in favor. Motion carried. c. Consider Budget CM Black suggested to table the budget. CM Fournier was concerned with the fact that this was not included in the 1995 budget. CM Fournier motioned to have CM Black as Council Representative to the Heritage Preservation Committee. CM Heidner seconded. All in favor. Motion carried. ••. " •• • s11•1 ••• • • • 1 Elaine Beatty reported that the Council is covered under Workman's Comp. �' • .•• "• • •'••• - -' • - ••. Elaine Beatty reported that $37,880.54 was spent for Professional iureso the Council and add to 3-27-95 F Council costs) Mayor Freske asked to distribute copies of g Council agenda. • • •- Sewer �mmitte�.• • • •- • CM Black suggested that we do a request for qualification. h 14. They Mayor Freske talked to Frankfort and they have their annual and sewermeeting arc'The Council directed Elaine nt to inform their residents that they will be working with Otsego on Beatty to fax to them a letter stating this. She 'fn f Department. Mayor Freske received a letter asking Otsego to participate in meetings they are going to have with the Township and Cities. Vision M .. 'ng. Mayor Freske would like to see a Visioning Meeting with the Council and Residents. After that meeting, then a meeting with out Professional Staff. CM Black agreed but would like to see more structure and find out how some other communities have done this. Mayor Freske offered to contact Buffalo. Emn� en Policy: CM Fournier discussed the procedures of hiring and would like a Policy prepared. The Council agreed to have this done by the first meeting in June with the aid of the Director of Busines and Finance. • • • • _ • - • • D. •• CM Fournier suggested the Mayor appoint a subcommittee for this. Directed Elaine Beatty to put this on the agenda for next council meeting. • CM Fournier said that requirements for extra person should be reviewed. Mayor Freske and CM Heidner reported that Dave Chase wants to delay this. • Council requested Judy Hudson to get quotes. •1 • 1 - •. • - /1- • • ••-• -.• •' -I Otsego City Council Meeting of March 13, 1995, cont' d. Page 10. It was reported that Mayor Freske, CM Ackerman and CM Heidner and Clerk/Zoning Administrator Elaine Beatty went to the Conference in St. Cloud on Projected Population. Copies of this information will be distributed to the Council. Treasures Report: CM Black motioned to accept Treasurers Report. CM Fournier seconded. All in favor. Motion. carried. 9.9 Adjourn by10 PM CM Fournier motioned to adjourn. Seconded by CM Heidner. All in favor. Motion carried. Mayor Norman F. Freske Re ald G. Black, Council Member Suzanne M. Strong Ackerman, Council Member Attest: Judy Hudson, Deputy Clerk Larry Foil nier,Council Member Vern Heidner, Council Member CITY OF OTSEGO ENGINEER'S AGENDA ITEMS CITY COUNCIL MEETING 3/13/95 Item 8.1 - Kadier Avenue Bridge Project (MSA 217-808-01) Request Council to consider recommendation to approve final project payment and accept the project. The contractor, Dennis Fehn Excavating, finished the project late 1993. We advised the contractor of a number e contr ractor tractof check list items to or to complete the e completed in 1994. However, it took a year items. We contacted them periodically for closure of the project. The project construction cost overran by $1,859.66 or 7%. The on was stable due to extra excavation required under the old bridge to place the new culvert stable soils. We also added an additional 4' culvert section to provide flatter slopes. Common borrow and culvert pipe quantities were limited under the funding agreement. Therefore, the non -eligible construction cost is $3,473.50. The City also is responsible for engineering and easement costs. If approved, we will submit the final paper work to MSA district engineer for final reimbursement. Find enclosed a final statement of quantities which will be submitted to Mn/DOT. Actual payment by the City should not be made until we have received the required paper work from Fehn. Item 8.2 - 1995 MSA Status Considered a request to approve the 1995 Ae Need aherogram Council at the meeeting ill discuss the current status of the MSA program Find attached a proposed MSA 1994 map and a tabulation of projected funding. Item 8.3 - Oil Gravel Road Projects I attended a meeting at Mn/ROAD on Friday, the FINNRA p5oject ch 3, 199sponsored Counbieshe Mn/DOT Research Division and, in par, townships and cities were invited to thispromote interest in thsysteme Allthough pavement. was Jalgar Avenue and 77th Street are paved with some interest, the costs comparisons between oil gravel and the plant hot mix pavement were not available. The Finnish government and manufacture of plant were looking for a commitment of 60 miles of road for 1995 need at o a a price y for materials, a about $8,500/milesaulingadpaving. Nonefor plant up of the governments erepresented were able to commit. hauling and p g y go to ussia r a If no interest is generated, the plant will probabthe JuneR1995.01 International onaleLow this fall. The plant will be at the Mn/ROAD site for Volume Road conference. Mn/DOT will repair lAwhen ar Avenue before the June conference. I asked Mn/DOT to contact Dave Chase asto opportunity to development the repair was to be done. It would be a good opp Y maintenance procedures. December 23, 1993 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: MSA Project 217-808-01 Contractor: Dennis Fehn Excavating Contract Amount: $26,017.37 Award Date: June 17, 1993 Completion Date: November 25, 1993; % Completed: 107% OWNER PAY ESTIMATE NO. 2 (FINAL) 8.1 Dear Council Members: The following work has been completed on the above referenced project by Dennis Fehn Excavating. SCHEDULE "A" - KADLER AVENUE BRIDGE REPLACEMENT Dennis Fehn Gravel & Excavation Item Description Estimated Unit Used Quantity Price To Date Extension 1. 2105.501 Common Excavation 300 CY $3.80 CY 496 CY $1,884.80 935 CY $6.75 CY 935 CY $6,311.25 2. 2105.523 Common Borrow (LV) 300 CY $2.00 CY 300 CY $600.003. 2105.535 Salvaged Topsoil )EV) 4. 2112.501 Subgrade Preparation 3.4 RS $200.00 RS 3.4 RS $680.00 5. 2118.501 Aggregate Surfacing 186 T $6.42 T 169 T $1,084.98 6, 2442.501 Remove Old Bridge 1 LS $2,850.00 LS 1 LS 24 CY $2,850.00 $5.00 CY 73 CY $365.00 7. 2451.501 Structure Excavation Class U 24 $20.00 CY 24 CY $480.00 8. 2451.509 Aggregate Bedding 24 CY $15.00 CY 49 CY $735.00 9. 2451.511 Coarse Filter Aggregate 40 C $176.00 LF 44 CYF $7,744.00 10. 2501.525 58" Span RC Pipe Arch Culvert Class II2 EA $2,132.00 11. 2501.525 58"2 EA $1,176.00 EA Span RC Pipe Arch Apron 34 066.00 CY 32 CY $1,600.00 12. 2511.501 Random Riprap Class III 110 LF $3.00 LF 110 LF AC $330.00 13. 2573.503 Silt Fence Pre -assembled 0.33 AC $1,500.00$3AC 0.33 AC $495.00 14. 2575.501 Seeding 25 LB. $10.00 LB 25 LB $250.00 15. 2575.502 Seed -Mixture 700 0.67 T $300,00 T 0.67 T $201.00 16. 2575.511 Mulch Material 0.33 AC $300.00 AC 0.33 AC $99.00 17. 2575.519 Disk Anchoring 0.07 T $500.00 T 0.07 T $35.00 18. 2575.531 Commercial Fertilizer Analysis 20-10-10 $27,877.03 TOTAL SCHEDULE "A" - KADLER AVENUE BRIDGE REPLACEMENT: $27,877.03 $23,725.20 TOTAL WORK COMPLETED TO DATE: Less Pay Estimate No. 1 WE RECOMMEND FINAL PAYMENT OF: $4,151.83 Please verify the amount of previous payments, if any, and receipt of the following items from the contractor prior to making payment. 1. Certificate of Claims Payment (Lein Waiver), 2. Affidavit for Payment of State Taxes (Minn. State Tax Form 134), 3. Letter of Consent from surety firm. APPROVALS: CONTRACTOR: Certification by Contractor: I certify that all items and amounts shown are correct for the work completed to date. DENNIS FEHN EXCAVATING Signed: Title; yJ Z ENGINEER: HAKANSON ANDE•SO✓ SOCIATESA"- "- OWNER: Signed: Title: Ar for. CITY OF OTSEGO Signed: Title: File: OT3:02-18 Date: -37"'v� - q Dace: 8.2 CITY OF OTSEGO CURRENT MSA FUNDING STATUS CONSTRUCTION FUND MARCH, 1995 MSA GROSS SYSTEM BALANCE Unincumbered balance as of 12/31/94 $301,868.41 20 , 8.4 1995 MSA apportionment 0 Total gross system balance $508,881.41 1995 PLANNED EXPENDITURES 108, MSAP #217-107-01 (completion of 88th Street) 8,700.00 MSAP #217-105-01 (Odean Avenue) 3050.00 MSAP #217-020-02 (70th Street) $16 0 60,500.00,2.00 Total planned expenditures MSA NET SYSTEM BALANCE: Estimated 1996 Apportionment: Approximate MSA Funds Available for Additional Projects: $536,631.41 $336.631.41 $ 200,000.00 1VNId O O O a) ct O O O M a) O O O O M O M 0 O Di CO e- O O E6/Z/ L 1. L#1S3 Mid O O O CO O O O O O M O M O O W31I DNI1VdI011UVd -NON 1N311 DNIIVdIOI.W`dd 'd'V'S O 0 O a) 0 0 m 0 M O 0 a) N 0 O 0 O O co O 0 STATEMENT OF QUANTITIES 1 - z n 0 >; 0 a >- o0 0 0 O O e- c 0 H E W 1 - Common Excavation Common Borrow (LV) Salvaged Topsoil (EV) Subgrade Preparation 0 O I- 0 O e - 0 O e - O Z E W N O O O O N M N O O O N in co O O 0 N O O r- N O O O N O O M N O O M N O O ct' N u) J Remove Old Bridge O O cV rt N O O N O O Ti: N O O N 0 >; 0 Structure Excavation Class V 0 O O N Io C 0 O O a) O O a) O O d' N Aggregate Bedding a) O O O N O O 4 O 0 4 0 0 0 O O CC M 0 > 0 Coarse Filter Aggregate LO O N 4.1 O O N O O N O O N 0 a) 0 L t) d a iL 0 a= c ca a in co Ln N O O O N 0 O N M O O N M O O 4 M ca W 58" Span RC Pipe -Arch Apron in N O 0 O N O O O r- 0 O 0 e- e - O O 0 r- I - 0 >; 7 0 Random Riprap Class 111 * 0 O O N LL J M 0. O O O Silt Fence, Pre -assembled M O O M N O N ci a O O O m c °o o a) 0 O O N Ln N N. O O O O M M O O 0 N O Seed, Mixture 700 N O O O N O N M M c 0 Mulch Material, Type I e - O O N Ln N U a N. O O O O b O Disk Anchoring a) Ln O N Ln N c 0 I-- 0 r- 6 N N y To c a N 0 LL 2 E 0 0 M O O N Ln N 1- O U W W cc W cc 0 ih. 0 ZZ O 0 O z W a LL m z O LIJ —-w = I- Q CCW • 0 1-02 0 E W n.co W cc J LL z O O 0 a O Z W • W a. 0• zc, * RESOLUTION NO. 95-12 A RESOLUTION AUTHORIZING THE EXECUTION OF A MAINTENANCE AGREEMENT BETWEEN THE CITY OF OTSEGO AND MINNESOTA DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY the City of Otsego, Minnesota as follows: 1. That on February 13, 1995, the City Council in and for the City of Otsego, by formal motion and unanimous decision, authorized the execution of a Maintenance Agreement between the City of Otsego and Minnesota Department of Transportation by it's Mayor and Clerk, contingent upon City Attorney approval as to form. 2. That Norman F Freske, Mayor, of the City of Otsego is authorized to execute said Agreement on behalf of the City of Otsego and ecute and affix his signature to any and all further do pertinent hereto. I, Elaine Beatty, City Clerk/Zoning Adm. of the City of Otsego, do hereby certify that the foregoing resolution is a true and exact copy as duly passed by the City Council of the City of Otsego and recorded in the minutes of a regular meeting held on the 13TH day of February, 1995, at which there was present a ', orum of the Council. Signature: Elaine Beatty, Clerk/Zoning Adm. ORDINANCE NO. 95 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCCE F THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS: p Section I. The official zoning ma of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the following described property: CITY OF OTSEGO Sect -14, Twp -121, Rang -24 Unplatted Land Prt of S1-2 NE NW Lying N of a Line Com On W Line of NE 130 FT S of SW Cor of N1-2 NE NW & Ext E to Pt 142 Ft S 0 Section 2. The above described property is hereby rezoned from A-1, Agricultural Rural Service District to R-1, Residential Long Range Urban Service District. Section 3. The Zoning Administrator is hereby directed to make appropriate change in the official zoning map of the City of Otsego to reflect the change in zoning classification as set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. �% ADOPTED by the Otsego City Council this JO_ d y of Z6Z--6-d.-k% 1995 . CITY OF OTSEGO, ATTEST: By: a laine Beatty, City Clerk/Zoning A: inistrator By: Norman F. Freske, Mayor INRE: Rezoning Approval CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Mr. Wayne German to rezone the following described land from A-1, Agricultural Rural Service to R-1, Residential Long Range Urban Service District. The subject property is legally described as: CITY OF OTSEGO Sect -14, Twp -121, Rang -24 Unplatted Land Prt of S1-2 NE NW Lying N of a Line Com On W Line of NE 130 FT S of SW Cor of N1-2 NE NW & Ext E to Pt 142 Ft S O On 13 March 1994, the Otsego City Council met at its regularly scheduled meeting to consider the application of Mr. Wayne German to rezone the above described land from A-1, Agricultural Rural Service to R-1, Residential Long Range Urban Service District. Based upon theand the evidence received, the application, the recommendation of the Planning Commission City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a rezoning of the following described property from A-1, Agricultural Rural Service to R-1, Residential Long Range Urban Service District. 2. The subject property is legally described as: CITY OF OTSEGO Sect -14, Twp -121, Rang -24 Unplatted Land Prt of S1-2 NE NW Lying N of a Line Com On W Line of NE 130 FT S of SW Cor of N1-2 NE NW & Ext E to Pt 142 Ft S 0 3. The subject property lies within the City's designated Long Range Urban Service Area. 4. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the requested rezoning. The seven effects and the findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The City's Comprehensive Plan (Land Use Plan) suggests large lot low density residential use of the subject property. The plan further states that zoning classifications shall be changed only when it can be demonstrated that such modifications are in the best interest of the community on a long perspective and such change will promote land use compatibility. The proposed rezoning is consistent with the policies and provisions of the Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. The proposed use is compatible with present and future land uses of the area. c. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The proposed use of the property will not be changed as a result of the rezoning. The rezoning shall, however, allow a resubdivision of the property and subsequently allow adjacent non -conforming lots to more closely conform to applicable lot area requirements. d. The proposed use's effect upon the area in which it is proposed. The proposed rezoning and low density residential use will not adversely affect the subject area. e. The proposed use's impact upon property values of the area in which it is proposed. The proposed rezoning will not adversely affect property values in the subject area. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. The proposed rezoning will have no impact upon traffic generated by the proposed use as it presently holds a development right. Traffic generated by a single new residence is within the capabilities of Kahler Avenue, which serves the subject property. 2 g. moi•. i1 a ' i..h'i ::,.+moi= :. - ,; . ' .�T'"-�=.lg'a} �� •. r.� .. �;�• .,�,.: ,; and facilities osed use's impact upon existbIg iniblie, se cs The profotsntial to overburden the including parks, streets, and utilities, and" its P ;veE :urde :: -•- > � City's service capacity. ;r The rezoning and resulting land use will not overburden the City 's service capacity. 5. The planning report dated 1 February 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. . Commission conducted a public 6. On 15 February and 1 March sed rezonin995, the gapplication.ego recrded by Published and mailed hang to consider the propothe Otsego notice. Upon review of the rezoning application and evidence ced received, the Otsego Cityg Planning Commission closed the public st �h� n the aforementionedg and findings. Council approve the rezoning eq DECISION Based on the foregoing considerations, and the appCity City Ordinances, the applicant's 'cultural Rural Service to e request for rezoning the following described property from A-1, Agnroped � its present form. R-1, Residential Long Range Urban Service District is app =r_y CITY OF OTSEGO Sect -14, Twp -121, Rang -24 Unplatted Land Prt of S1-2 NE NW Lying N of a Line Com On W Line of NE 130 FT S of SW Cor ofNl-2 NE NW & Ext EtoPt 142FtS 0 ADOPTED by the Otsego City Council this 13th day of March 1995. CITY OF OTSEGO ATTEST: By: Elaine Beatty, City Clerk/Zoniug Ad' inistrator 3 No man F. Freske, Mayor e. The request is not a result of non -conforming lands, structures or buildings in the same district. The request for a lot area variance is a result of the applicant's desire to reduce the depth of the larger lot from which the subject property is being subdivided. While no change to the lot width is proposed, current Ordinance lot area requirements (2.5 acres) require the processing of a variance. f. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The variance being requested is the minimum necessary to accomplish the intended purpose of the applicant. 8. The planning report dated 1 February 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 9. On 15 February and 1 March 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed variance application preceded by published and mailed notice. Upon review of the variance application and evidence received, the Otsego Planning Commission closed the public hearing and fecom recommended tfihat the esOtsego City Council approve the variance request based on the DECISION Based on the foregoing considerations, and the applicabl e City ved in its present forme subject request for variance from the City's lot area standards is pp to the fulfillment of the following conditions: 1. The City approve the requested R-1 zoning of the subject property. 2. A complete application for the subdivision of the property is received no later than 1 June 1995. 3. The City approve a subdivision of the subject property ydated substantially February 1995to that NAC depicted upon Exhibit C of the incorporated report 4 ADOPTED by the Otsego City Council this 13th day of March 1995. CITY OF OTSEGO ATTEST: By: By: Elaine Beatty, City Clerk/Zoning f dministrator oa P. Freske, Mayor INRE: Variance Approval (Lot Width) CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Mr. Wayne German to allow a variance from the City's R-1 Zoning District lot width requirements. On 13 March 1994, the Otsego City Council met at its regularly the scheduled R 1 District lot width meeting to consider the application of Mr. Wayne German to allow a variance requirements. FINDINGS OF FACT 1, The parcel to which the variance is to be applied has +e600 et to feet of e llhe following legally y established. The property in question, however, comprises the eastern_ described parcel: CITY OF OTSEGO Sect -14, Twp -121, Rang -24 Unplatted Land Prt of S1-2 NE NW Lying N of a Line Com On W Line of NE 130 FT S of SW Cor of N1-2 NE NW & Ext E to Pt 142 Ft S 0 2. The subject property is zoned R-1, Residential Long Range Urban Service. 3. The applicant is requesting a variance from Section DistrictsOshall have athe width of R-1 Zoning Ordinance, which stipulates that lots within not less than 200 feet (142 foot width proposed). 4. The 2.1 acre lot in question is to be subdivided from a larger 4.1 acre lot which currently holds a width of 142 feet. 5. Approval of the requested variance and forthcoming subdivision will result in a lessening of a legal non -conforming situation (lot size) upon properties north of the subject site. Thus, the requested variance is consistent with the spirit and intent of the Zoning Ordinance. 6. Section 20-5-2.B.1 of the Zoning Ordinance stating statutory requirements and judicial precedent provides that a variance may not be issued unless certain criteria are satisfied. The criteria and findings regarding them are: a. Impair an adequate supply of light and air to adjacent property. Approval of the requested lot width variance will not impair an adequate supply of light and air to adjacent properties. b. Unreasonably increase the congestion of the public street. Approval of the requested variance will not result in the allowance of any additional development rights. Resultantly, the construction of a new dwelling unit upon the subject property would be allowed regardless of whether the variance is approved. The approval ofwheh sserves the sariance ubject property not unreasonably increase congestion upon Kahler Avenue, c anyuses which are prohibited, permit a lesser c. Have the effect of allowing degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. Approval of the variance will not have the effect of allowing prohibited uses or permitting a lesser degree of flood protection than required by State law. d. Increase the danger of fire or endanger the public safety. Approval of the requested lot width variance will not increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. The allowance of the proposed lot width will not impair neighborhood property values. The resultant lessening of lot size non -conformities within the adjacent Island View Estates subdivision is consistent with the spirit and intent of the Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. By lessening an existing non -conforming situation and creating a more functionally efficient lot configuration, approval of the requested lot width variance fulfills the intent and purpose of the Comprehensive Plan. 2 7. Section 20-5-2.B.2 of the Zoning Ordinance further states that a variance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. If the requested lot width variance is denied, no further subdivision of the larger 4.1 acre parcel would be allowed (unless a rezoning were to occur). The continuance of a single family residential lot measuring ± 1,300 feet in depth presents functionally inefficient configuration and hardship. b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter or deny the applicant the ability to put the property in question to any reasonable use. The lot from which the subject parcel is being subdivided measures 142 feet in width and ± 1,300 feet in length. Such lot shape is not considered functionally efficient for single family residential use. Compliance with the provisions of the Zoning Ordinance would result in the continued existence of such a lot shape and deprivation of rights common to other properties in the area. c. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. The larger lot from which the subject property is being subdivided measures 142 feet in width. Thus, the creation of a new lot with such width does not represent a change from a pre-existing lot width condition. The 142 foot lot width was not created as a result of actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district under the same conditions. The requested variance is unique in that its approval will result in the lessening of an existing non -conforming lot area condition upon adjacent properties. The lot width (and lot area) being proposed is generally consistent with single family residential lots which surround the subject property. 3 e. The request is not a result of non -conforming lands, structures or buildings in the same district. The request for a lot width variance is a result of the applicant's desire to reduce the depth of the larger lot from which the subject property is being subdivided. While no change to the lot width is proposed, current Ordinance lot width requirements (200 feet) require the processing of a variance. f. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The variance being requested is the minimum necessary to accomplish the intended purpose of the applicant. 8. The planning report dated 1 February 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 9. On 15 February and 1 March 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed variance application preceded by published and mailed notice. Upon review of the variance application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the Otsego City Council approve the variance request based on the aforementioned findings. DECISION Based on the foregoing considerations, and the applicable City Ordinances, the applicant' s request for variance from the City's lot width standards is approved in its present form, subject to the fulfillment of the following conditions: 1. The City approve the requested R-1 zoning of the subject property. 2. A complete application for the subdivision of the property is received no later than 1 June 1995. 3. The City approve a subdivision of the subject property substantially similar to that depicted upon Exhibit C of the incorporated NAC report dated 1 February 1995. 4 ADOPTED by the Otsego City Council this 13th day of March 1995. CITY OF OTSEGO ATTEST: Bv• By: Elaine Beatty, City Clerk/Zoning Ad strator Norman F. Freske, Mayor INRE: Variance Approval (Lot Area) CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Mr. Wayne German to allow a variance from the City's R-1 Zoning District lot area requirements. On 13 March 1994, the Otsego City Council met at its regularlythe Ciuleds mmeR-1 Digtrict lot nsider the application of Mr. Wayne German to allow a variance requirements. FINDINGS OF FACT 1. The parcel to which the variance is to be applied has yet to be legally established. The property in question, however, comprises the eastern ± 600 feet of the following legally described parcel: CITY OF OTSEGO Sect -14, Twp -121, Rang -24 Unplatted Land Prt of S1-2 NE NW Lying N of a Line Com On W Line of NE 130 FT S of SW Cor of N1-2 NE NW &ExtEtoPt 142FtS 0 2. The subject property is zoned R-1, Residential Long Range Urban Service. 3. The applicant is requesting a variance from Section 20-53-6.A.1 of the Zoning Ordinance, which stipulates that lots within R-1 Zoning Districts shall have an area of not less than 21/2 acres (2.1 acre lot proposed). 4. The 2.1 acre lot in question is to be subdivided from a larger 4.1 acre lot which currently holds a width of 142 feet. 5. Approval of the requested variance and forthcoming subdivision will result in a lessening of a legal non -conforming situation (lot size) upon operties north tthe of the subjeZoning ct site. Thus, the requested variance is consistent wit the pirit and intent Ordinance. 6. Section 20-5-2.B.1 of the Zoning Ordinance stating statutory erre u rementsaand judicial cial precedent provides that a variance may not be issued unless The criteria and findings regarding them are: a. Impair an adequate supply of light and air to adjacent property. Approval of the requested lot area variance will not impair an adequate supply of light and air to adjacent properties. b. Unreasonably increase the congestion of the public street. Approval of the requested variance will not result in the allowance of any additional development rights. Resultantly, the construction regardle sf of whetherf a new llthe unit upon the subject property would be allowed variance is approved. The approval of the variance will not unreasonably increase congestion upon Kahler Avenue, which serves the subject property. c. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. Approval of the variance will not have the effect of allowing prohibited uses or permitting a lesser degree of flood protection than required by State law. d. Increase the danger of fire or endanger the public safety. Approval of the requested lot area variance will not increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. The allowance of the proposed lot area will not impair neighborhood property values. The resultant lessening of lot size non-conformities within the adjacent Island View Estates subdivision is consistent with the spirit and intent of the City's Zoning Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. By lessening an existing non-conforming situation and creating a more functionally efficient lot configuration, approval of the requested lot area variance fulfills the intent and purpose of the Comprehensive Plan. 2 7. Section 20-5-2.B.2 of the Zoning Ordinance further states that a variance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved andhich are not applicable to other lands, structures or buildings in the same district or area. Denial of the requested variance would result in the continuance of grossly undersized adjacent Island View Estates parcels and the continued existence of a single family residential lot holding a lot depth of ± 1,300 feet. The continued existence of a functionally inefficient lot shape presents a degree of hardship upon the applicant. b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter or deny the applicant the ability to put the property in question to any reasonable use. The lot from which the subject parcel is being subdivided measures 142 feet in width and ± 1,300 feet in length. Such lot shape is not considered functionally efficient for single family residential use. Compliance with the provisions of the Zoning Ordinance would result in the continued existence of such a lot shape. c. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. The larger lot from which the subject property is being subdivided measures 4.1 acres in size. The allowance of the proposed 2.1 acre lot will present a lot size which meets or exceeds average single family lot sizes in the area and will lessen a pre-existing non -conforming lot size situation of adjacent parcels. The functionally inefficient configuration of the larger 4.1 acre lot is not a result of actions of the applicant. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district under the same conditions. The requested variance is unique in that its approval will result in the lessening of an existing non -conforming lot area condition upon adjacent properties. The lot area being proposed is generally consistent with single family residential lots which surround the subject property. d. 3 e. The request is not a result of non -conforming lands, structures or buildings in the same district. The request for a lot area variance is a result of the applicant's desire to reduce the depth of the larger lot from which the subject property is being subdivided. While no change to the lot width is proposed, current Ordinance lot area requirements (2.5 acres) require the processing of a variance. f. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The variance being requested is the minimum necessary to accomplish the intended purpose of the applicant. 8. The planning report dated 1 February 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 9. On 15 February and 1 March 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed variance application preceded by published and mailed notice. Upon review of the thenaringance application and recommended that thereceived, the OtsegoCity o Planning Commission closed public he Council approve the variance request based on the aforementioned findings. DECISION Based on the foregoing considerations, and the applicable City Ordinances, the applicant's request for variance from the City's lot area standards is approved in its present form, subject to the fulfillment of the following conditions: 1. The City approve the requested R-1 zoning of the subject property. 2. A complete application for the subdivision of the property is received no later than 1 June 1995. 3. The City approve a subdivision ofothe property datedtl February 995ntially similar to that depicted upon Exhibit C of theincorporated NAC report 4 11 ADOPTED by the Otsego City Council this 13th day of March 1995. CITY OF OTSEGO By: r Y _- v--\ Norman F. Freske, Mayor ATTEST: e�- By: � .C''��(% �' Elae Beatty, City Clerk/Zoning A� jiiini l'nstrator 5