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Item 4.1 Danzl Vacation Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 12 August 2024 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Engineer Wagner 4.1 – Danzl Vacation STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council approve vacation of existing drainage and utility easements. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, will be held August 12, 2024 BACKGROUND/JUSTIFICATION: Matthew and Allison Danzl own the single family property located at 14667 71st Street, which is within the plat of Lin-Bar Estates 2nd Addition. The property owners are proposing to build a 1,200 square foot detached accessory building within the lot. The location of the proposed building encroaches upon an existing drainage and utility easement. A grading plan has been submitted to alter the contours of the property to accommodate the proposed detached accessory building without reducing the stormwater management function or capacity of the existing drainage and utility easement. The City Engineer has reviewed the proposed grading plan and approved the site alterations. Based upon the proposed grading plan, the portion of the existing drainage and utility easements that would be encroached upon by the detached accessory building are no longer necessary and no longer serves a public purpose. The property owners are requesting vacation of said easement. City staff has drafted a resolution for consideration by the City Council following conducting a public hearing. SUPPORTING DOCUMENTS ATTACHED: • Site Location Map • Certificate of Survey dated 6/11/24 • Grading Plan dated 07/08/2024 • Resolution 2024-60 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2024-60 vacating existing drainage and utility easements. BUDGET INFORMATION FUNDING: BUDGETED: Fund 701 – Development Escrow N/A Site Location Map 461 ft Overview Legend Highways Interstate State Hwy US Hwy Roads Road Labels 01 02 03 04 07 08 10 21 22 City/Township Limits c t Parcels 71ST STREET NE8370TH STREET NECity of Otsego, Wright County, MinnesotaMatthew Danzl14667 71st St. NE, OtsegoL8, B3, LIN BAR ESTATES 2ND ADD.Certificate of Survey11 71ST STREET NE8370TH STREET NE30.0'24.0'33.0'PROPOSED SHEDAREA=720 S.F.FFE=940.1EOF=939.05GRADING EXTENTSDEEP FOUNDATION(BY OTHERS)936.00 FG934.10 FG940.10 FG940.10 FG93493693810.0'INSTALL 83 LFOF TEMPORARY SEDIMENT LOGINFILTRATION BASIN100-YEAR HWL: 935.24'GRADING GRADING PLANC18:26 AM N:\Projects Current\24-0258.00 Danzl\Civil\CAD Files\Danzl Grading.dwg7/8/2024 984PROPOSED CONTOURPROPOSED SLOPEEXISTING ELEVATION980.50 EXNEW FINISHED GRADE ELEVATION980.50 FGEMERGENCY OVERFLOWE.O.F.LEGEND:GRADING GENERAL NOTES:1.THE CONTRACTOR SHALL NOTE ANY DISCREPANCIES BETWEEN EXISTING CONDITIONSIN THE FIELD REPRESENTED WITHIN THE PLANS AS SHOWN AND ALERT THE ENGINEERBEFORE BIDDING THE PROJECT AND BEGINNING CONSTRUCTION.2.CONTRACTOR SHALL LOCATE AND VERIFY ALL UTILITIES WHICH MAY AFFECT THISWORK AND NOTIFY THE OWNER OF ANY CHANGES. CONTACT LOCAL UTILITYCOMPANIES FOR EXACT LOCATIONS PRIOR TO BIDDING THE PROJECT ANDCOMMENCING WORK.3.CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS TO PREVENT SILT AND DEBRISRUN-OFF DURING GRADING OPERATIONS (I.E. SILT FENCE, STRAW BALES, ETC.).4.CONTRACTOR SHALL VERIFY CRITICAL ELEVATIONS TO ENSURE CONFORMANCE WITHGRADING PLAN, PARTICULARLY WITH EXISTING STRUCTURES AND/OR PAVEMENTS TOREMAIN. MEET EXISTING GRADES ALONG STREETS, PROPERTY LINES, AND DRIVEWAYENTRANCES. RESTORE ALL PAVEMENTS THAT REMAIN TO THEIR ORIGINAL IF NOTBETTER CONDITION. NOTIFY OWNER OF ANY CONFLICTS PRIOR TO BIDDING THEPROJECT.5.TURF ESTABLISHMENT AREAS SHALL RECEIVE MINIMUM OF 4" DEPTH AS MEASURED INPLACE OF TOPSOIL. TOPSOIL SHALL BE FURNISHED AND INSTALLED BY THECONTRACTOR. ALL GRADED SLOPES GREATER THAN OR EQUAL TO 5:1 SHALL BEHYDROSEEDED, EROSION CONTROL BLANKETED, OR MULCHED TO HELP STABILIZE THESLOPES BY GENERAL CONTRACTOR.6.PROPOSED SPOT ELEVATIONS ARE TO THE TOP OF CURB UNLESS NOTED OTHERWISE.ELEVATION OF FLOW LINE IS 6" BELOW TOP OF CURB UNLESS OTHERWISE SHOWN.7.CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR DETERMINING QUANTITIES OF CUT,FILL AND WASTE MATERIALS TO BE HANDLED, AND FOR AMOUNT OF GRADING TO BEDONE IN ORDER TO COMPLETELY PERFORM ALL WORK INDICATED ON THE DRAWINGS.IMPORT SUITABLE MATERIAL AND EXPORT UNSUITABLE / EXCESS / WASTE MATERIAL ASREQUIRED. ALL COSTS ASSOCIATED WITH IMPORTING AND EXPORTING MATERIALSSHALL BE INCIDENTAL TO THE CONTRACT.8.IT IS INTENDED THAT EARTHWORK (CUT VS. FILL) BALANCE ON SITE. THE CONTRACTORSHALL SUBMIT THE QUANTITY OF MATERIAL AND AMOUNT OF ANTICIPATED GRADEADJUSTMENT FOR REVIEW BY THE ENGINEER A MINIMUM OF FOUR WEEKDAYS PRIORTO MAKING ADJUSTMENTS. ALL GRADE ADJUSTMENTS MUST BE APPROVED BY THEENGINEER. NO ADDITIONAL COMPENSATION SHALL BE ALLOWED FOR WORKASSOCIATED WITH GRADING ADJUSTMENTS, INCLUDING, BUT NOT LIMITED TO,EARTHWORK OPERATIONS, STORM SEWER PIPING AND STRUCTURE ADJUSTMENTS,CONSTRUCTION SURVEYING FOR ADJUSTING FEATURE LOCATIONS ACCORDINGLY, SILTFENCE, ETC.9.FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDEAN ACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SEED OR RE-SOD ALL APPLICABLEAREAS, AT NO ADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THEENGINEER.10.ANY MANHOLE, CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE, OR OTHERPOTENTIAL SOURCE FOR CONTAMINATION SHALL BE INSTALLED AT LEAST 10 FEETHORIZONTALLY FROM ANY WATERMAIN PER MINNESOTA PLUMBING CODE. THISISOLATION DISTANCE SHALL BE MEASURED FROM THE OUTER EDGE OF THE PIPE TOTHE OUTER EDGE OF THE CONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES ORPIPING OR SIMILAR)11.CONTRACTOR SHALL MAINTAIN DRAINAGE FROM EXISTING BUILDING AT ALL TIMES.PROVIDE TEMPORARY STORM SEWER (INCLUDING, BUT NOT LIMITED TO, CATCH BASINS,MANHOLES, PIPING, ETC.) AS REQUIRED. EXISTING STORM SEWER SHALL NOT BEREMOVED UNTIL TEMPORARY OR PERMANENT STORM SEWER IS INSTALLED ANDFUNCTIONAL. COORDINATE ALL REMOVALS WITH APPROPRIATE TRADES (SITE UTILITYCONTRACTOR, MECHANICAL CONTRACTOR, ETC.) AS REQUIRED.NSCALE:0'20'40'1"=20'DESCRIPTIONDATENO. REV FILE NO.: DWG FILE: CHECKED BY: DRAWN BY: DESIGN BY: DATE: SHEET NO.LAND SURVEYING CIVIL ENGINEERING ENVIRONMENTAL SERVICES 13076 FIRST STREET, BECKER, MN 55308-9322 TEL: 763-262-8822 FAX: 763-262-8844 BOGART, PEDERSON & ASSOCIATES, INC. Matthew Danzl L8, B3, LIN BAR ESTATES 2ND ADD. City of Otsego, Wright County, Minnesota 07/08/2024 24-0258.00 MJM MJM MJM I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Signed: Date: Lic. No. Michael J. Mordal-Huebsch 6114807/08/2024 TEMPORARY SEDIMENT FILTER 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2024-60 VACATING EXISTING DRAINAGE AND UTILITY EASEMENTS WHEREAS, Matthew and Allison Danzl have initiated vacation of existing drainage and utility easements dedicated over a portion of the property described as follows: Lot 8, Block 3, Lin-Bar Estates, City of Otsego, County of Wright, Minnesota WHEREAS, the portion of the existing drainage and utility easement to be vacated is described by Exhibit A; and WHEREAS, the City Engineer has reviewed the request and determined that the existing drainage and utility easements described by Exhibit A are unnecessary for public purposes; and WHEREAS, the City Council held a public hearing at their regular meeting on 12 August 2024 to consider the vacation, preceded by required published and mailed legal notice; and WHEREAS, the City Council heard all parties interested therein, closed the public hearing, and voted to recommend the City Council approve the vacation request; and WHEREAS, the Request for Council Action dated 12 August 2024 prepared by the City Planner, The Planning Company LLC, is incorporated herein; and WHEREAS, the City Council having considered all information received finds that the existing drainage and utility easements serve no useful public purpose and vacating the existing drainage and utility easements would be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. That the existing drainage and utility easements dedicated over the property described herein is hereby vacated. 2. The City Council hereby determines that the vacation of said drainage and utility easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. (the remainder of this page intentionally blank) 2 ADOPTED by the Otsego City Council this 12th day of August, 2024. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 3 EXHIBIT A EASEMENT VACATION LEGAL DESCRIPTION The West 48.00 feet of the East 53.00 feet of the North 46.00 feet of the South 70.00 feet of Lot 8, Block 3, LIN BAR ESTATES SECOND ADDITION, Wright County, Minnesota.