08-14-95 CCWilliam S. Radzwill
Indrew J. MacArthur
Michael C. Couri
August 7, 1995
Elaine Beatty
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
RADZWILL LAW OFFICA
Attorneys at Law
705 Central Avenue East
PO Bax 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (TAX)
G
Re: proposed Ordinance for the Wastewater Treatment Plant
Dear Elaine:
At the city council's request please find enclosed the proposed
moratorium ordinance regarding the wastewater treatment plant
drafted by Andy MacArthur. This proposed ordinance is being
submitted for discussion at the August 14th city council meeting
and is subject to comment by the city planner and the city
engineer.
Andy is on vacation the week of August 7th through August 11th;
however, he will be in attendance at the August 14th city council
meeting.
Sincerely,
Monica R. Brown
Legal Assistant
RADZWILL LAW OFFICE
Enclosure
cc: Dave Licht
Larry Koshak
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.__
AN INTERIM ORDINANCE TEMPORARILY THAT ARER OF PROHIBITING THE RCITY OF OF COTSEGO
ERTAIN
DEVELOPMENT REQUESTS WITHIN
GRAPHICALLY ILLUSTRATED ON EXHIBIT A.
THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS:
Section 1. Definitions. The following terms whenever used in this
ordinance shall be interpreted to mean:
Development: The division of a parcel of land into two or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure; any mining
excavation, landfill or land disturbance, and any use or extension
of the use of land.
Governmental Projects: A development undertaken by any
department, commission, independent agency or instrumentality of
the United States, State of Minnesota, Wright County, city of
Otsego, authority, district, or other governmental unit.
Section 2. Intent. It is the intent of this Interim Ordinance to
allow the City of Otsego to complete a previously authorized study
of the area in order to 0 fu future joint waste waterxplore possibility Of this area being
treatment
used as the site of a proposed
facility.
Section 3. Authority and Purpose. The City Council is empowered be
Minn. Stat. 462.355, Subd. 4 to pass
an applicable to all or a portion of its jurisdiction for the purpose
of protecting the planning process and the health, safety and
welfare of its citizens.
Section 4. Temporary Prohibition. For one year after the effective
date of this ordinance ,or until such earlier time as the Otsego
City Council determines by resolution that the reasons for the
moratorium no longer exist, no new development applications or lot
splits shall be approved or accepted for lands lying within that
area graphically described on Exhibit A, attached hereto and herein
incorporated by reference. Exceptions to this ordinance shall
include the following:
1. Property for which properly completed applications
for
development approval were filed on or before
995.
2. Building permits associated with projects approved on or
before__► 1995.
3. Building permits associated with governmental projects.
4. Building permits for garages or accessory buildings, or minor
improvements to the property.
Section 5. Misdemeanor. Any person, persons, firm or corporation
violating any provisions of this ordinance shall be guilty of a
misdemeanor, and upon conviction thereof, shall be punished
pursuant to Minn. Stat. 609.02, Subd. 3, or as subsequently
amended,plus costs of prosecution.
Section 6. Injunctive Relief. In the event of a violation of this
ordinance, the City may institute appropriate actions or
proceedings, including requesting injunctive relief to prevent,
restrain, correct or abate such violations.
Section 7. Separability. It is hereby declared to be the intention
that the several provisions of this ordinance are separable in
accordance with the following: If any court of competent
jurisdiction shall adjudge any provision of this ordinance to be
invalid, such judgment shall not affect any other provisions of
this ordinance not specifically included in said judgment.
Section 8. Effective Date. This ordinance shall take effect from
and after its passage and publication and shall remain in effect
until one year after the effective date, unless a shorter period of
time is approved by proper resolution of the Otsego City Council.
PASSED by the City Council of the City of Otsego this day of
, 1995.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Norman F. Freske, Mayor
Elaine Beatty, City Clerk
A
City of Otsego
Engineer's Agenda Items
City Council Meeting
August 14, 1995
7.1 Improvement Project 94-3 Municipal Well
A. EPL Report
A report received from EPL Laboratories was altered to depict test results
from the Municipal Well. We received initial indications of this on July
21, 1995. EPL is an independent laboratory and was contracted by Traut
Wells to perform a sand analysis of the well water. A history of this is
as follows:
1. March 15, 1995
Hakanson Anderson Associates, Inc. composed a letter to Traut
Wells asking for a laboratory analysis of the sand content in the
well water. This was to complete a contractual obligation by
Traut Wells.
2. April 27, 1995
Hakanson Anderson Associates, Inc. received the test results on
EPL stationary which indicated that 4.3 ppm of sand was found in
the well water.
3. July 21,1 995
Hakanson Anderson Associates, Inc. received a letter from
Hoolihan & Neils, attorneys for EPL, indicating that the test report
sent out by their office and the report submitted to us by Traut
Wells were not the same.
We contacted Andy MacArthur for his input. Andy subsequently
drafted a letter, dated July 25, 1995, to Traut Wells regarding the
testing.
4. July 27, 1995
Traut Wells responded to Andy's letter explaining how the sand
analysis was actually performed.
Agenda
Page 3 -
August 10, 1995
The methodology in testing appeared conservative. Less sand
than was reported was most likely in the well water.
5. August 2, 1995
Hakanson Anderson Associates, Inc. formally requested that Traut
Wells perform additional testing at the well site to determine the
sand content of the well water. A Rossum sand sampler was to
be utilized. The Rossum sand sampler is approved by AWWA for
sand analysis of well water. Traut Wells agreed to this and the
test was scheduled for August 3, 1995.
6. August 7, 1995
At the request of KKE Architects, the above listed information was
forwarded to them. Copies were also sent to Ron Brantly at ISD
#728.
Of Key importance in this issue is that the method of testing is not in question. The
method of reporting is.
B. Well Water Sand Testing of August 3, 1995
On August 3, 1995, Traut Wells was on-site to perform a sand analysis
of the well water. Hakanson Anderson Associates, Inc. personnel and
ISD #728 personnel were on-site to verify the testing. A Rossum sand
sampler, along with visual observations in the form of jar tests were
utilized in the testing.
Results indicated that less than 2.0 ppm of sand were present in the well
water. Visual observations verified these results.
C. Well Pump Motor Failure
A meeting was held between Erickson Ellison Associates, Inc. electrical
engineers, Traut Wells, and Hakanson Anderson Associates, Inc. to
discuss the pump failure incident. The pump motor failed and was
subsequently replaced by Traut Wells. Based upon preliminary analysis
of electrical readings on the motor, failure was believed to be caused by
Agenda
Page 4
August 10, 1995
a power surge. The surge could not have passed through the control
panel. Overload protection would have prevented the surge from passing
through the panel to the pump. The consensus of the meeting was that
there was a strong possibility that lightning struck the pump. There was
lightning in the area the day the pump failed.
The recommendation was to submit the failed pump for an insurance
claim.
D. General Update
The school has installed sand separators in the school building. The well
is operating as proposed initially by KKE Architects. The way the system
operates, however, is still a concern to our office. The well will operate
without problems at flows over 360 gpm (fire flows.) The pump should
also operate without problems at lower domestic flows (flows below 50
gpm.) However, at flow rates between 50 and 360 gpm short cycling
of the pump will occur. This will cause excessive wear on the pump
motor and could lead pump shutdown and temporary loss of water to the
school. Short cycling will reduce the life of a pump.
Because the pump was sized at a large flow rate, 360 gpm, per KKE
specifications, a problem occurs with domestic usage. We believe that
the useful storage of water in the school's tanks is a total of 300 gallons
(we do not have actual confirmation of this.) The pump only has to run
approximately 50 seconds to fill the tanks. However, if the water in the
tanks is also consumed quickly by the users, the pump will have to start
up again to fill the tanks back up. This does no allow enough cooling
time for the pump motor and could cause failure.
Past observations indicate that the pump will trip -out on overload prior
to being seriously damaged. However, wear on the pump motor is still
a concern.
Agenda
Page 5
August 10, 1995
The short -cycling issue must be addressed by the school district.
Possible alternatives which exist are:
1'. Larger storage in the school in terms of larger pressure
tanks
2. A Variable Frequency Inverter Drive (VFD) type controller
3. A second smaller well used for domestic purposes only
We would be willing to work with the school to resolve this issue.
E. Final Payment
Traut Wells and RL Larson Excavating, Inc. are requesting final payment
for their work on this project. We feel that the well is operating as
specified. Problems which still exist must be resolved by the City and
the school. The work does hold specific warranties.
We recommend final payment be made to Traut Wells and RL Larson
Excavating, Inc. See attached payment forms.
7.2 Improvement Project No. 94-2; CSAH37 and Odean Avenue
A. General
The roadway project is entering the final stages of construction. If
weather permits, the asphalt surface should be complete by Friday,
August 11, 1995. The roadway could potentially be open for traffic the
week of August 14, 1995.
B. Partial Payment
Buffalo Bituminous, Inc. is requesting partial payment of $144,158.61
for work through July 21, 1995. This is slightly less than the Wright
County Sheriffs Department has made so far on the project. We
recommend making partial payment as requested. We will then request
the County's portion be paid to the City.
Agenda
Page 6 -
August 10, 1995
7.3 Mississippi Shores Addition and Island View Estates Addition
Please find a attached letter regarding 7 -ton and 9 -ton pavement costs. We will
be available to discuss this matter further.
Also enclosed are Resolutions to order the projects.
7.4 Utility Permits (see previous agenda)
A. Recommend a letter be written to Elk River Utility requiring that a permit
form with map be submitted to the City for review and approval by staff.
B. Recommend that a fee be required to review and approve all utility
permits.
—VIHakanson
Anderson
Assoc., Inc.
March 15, 1995
Dave Traut
Traut Wells
151 72nd Avenue S.
St. Cloud, MN 56301
Re: City of Otsego Municipal Well
Public Improvement Project No. 94-3
Dear Dave:
Item 7.
222 Monroe Street
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3401
After a review of submitted documents related to the above
referenced project, Ha'tanson Anderson Associates, Inc. has noticed
that the laboratory results of sand content in the water were not
forwarded to our office. The laboratory sand analysis is required
to verify visual estimates of sand content and is required by the
contract documents.
Conversations with your office indicate that the laboratory
analysis may not have been performed. If the analysis was
performed, please forward the results to our office. If the
analysis was not performed, please contact us so we can resolve'
this issue.
If you have any questions, please call.
Sincerely,
HAKAlNSON ANDERSON ASSOCIATES, INC.
�7 L/)4 Y 1 I- e/ b
Kevin P. Kielb, P.E.
Project Engineer
/mlc
CC: Larry Koshak
File: OT501
p ,' .?;• 9 5 14 : 4 4 F.k_l 612 259 0 5-gT-- rF_-�1 I i1 f LLS l e l
r
WELLS
MESSAGE TO =
m4mz NE 38: ORQI^Nlz =ATI ON )
t :gENOEL> >
-TU: 3. r I r-1 Eg )
NJ cm _ of page ---3 _ inc 1 �d ir-�g ct�vc r pages
151 - 72ND AVENUE SO. • ST. CLOUD, MN 50301 • (612) 251.5090
` a7 1313gpM MICRoo BIO Lor
r F
�'�stories
Environmental Protection Lobo
g17 DneQ Ave. Na St. Cloud, Mtanasoia 56303
(9T2� 253-1840 • M001 62547J0 ExT- 7085 FAX is -,2) 21s3 -E250
y
DATE: 04/14195
TO: Traut Wells
151 72nd Ave So.
St. Cloud MN 56301
Sample Number: 475
Brought ZTz
Collected By =
Date Received: 04/10/95
Reference: OTSEGO
WATER ANALYSIS
WT006 Total Suspended Solids
16 . Sporn
As Ferric Iron 12.5ppm
As Sand 4.3ppm
COMMENTS;
es Gs are
t performed in accordance "lith Standard Methods
These r 17th Edition I
Cor the Examination of Water and Waste Wa_e_
19$9 by APHA (American Public Health Associat-.o-n or by other
Methods accepted in the State of Minnesota'
State of Minnesota -Certified Laboratory
Chemist
Analysis By:
HOOLIHAN & NEILS
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
July 21, 1995
Lawes enca B. Nosh ak
Hakanson Anderson Associates
222 Monroe Street
Anoka, MN 55303
Re: Otsego Project
Our File No. 15974
Dear Mr. Koshak:
TIMOTHY H. CHIRHART
NEIL C. FRANZ
JAMES W. HOOLIHAN
MARGARET R.MANDERFELD
ROGER D. NEILS
We are counsel for Environmental Protection Laboratories in St.
Cloud, Minnesota. It has recently come to our attention that a
report, purportedly generated by my clients, has been submitted
with respect to the above project. We were provided with a copy
of a report from Mr. Kelb of your office this week. My purpose
in writing you today is to make you aware that the report in your
possession is not genuine and was not generated by my clients.
On April 10, 1995, we received a request from Traut Wells in St.
Cloud to examine a water sample which they submitted to determine
the extent of total suspended solids. A genuine copy of our
report is attached to this letter and I have labeled it Exhibit
"A". As you can see, my clients determined that the sample
contained 16.3 parts per million of total suspended solids,
without differentiating the extent or nature of the solids
contained in the sample.
I have also attached a copy of the report which has been provided
to us, and which I have identified for clarity as Exhibit "B".
You will see that Exhibit "B" contains much of the same
information as our genuine report, but includes in the analysis a
breakout of the suspended solids between Ferric Iron & Sand. My
clients did not conduct this analysis and did not author this
report.
At the present time we can make no judgment about the source of
this altered report or the motive behind it. My purpose in
anv MMF _ .. --
HOOLIHAN & NEILS
Page 2
July 21, 1995
sting is to
make you
aware that this
report is not
genuine and.
to ermit you
volved .
to focus
your attention
on the parties
which may be
Yourd,. uly,
Neil C. Franz
Attorney at Law
NF/ps
cc: Forest D. Reichel
Mark J. Traut
Elaine Beatta
Encl.
JUL 17 '95 09: 16 HAKF:rC rc� P. c
.�e rr -=S za• �� ►Q� HTv �.oGZL�
• _ - STT Lam• �.�. - as. ��.....nru. Sz30O
"T33 :if -t 6+� • alOa tZ4�O0. a..lost . FAX 41121
TO: a -at Zal.is
15 � 72nd Ave so -
St. Claud btN 563Q2
voPSrm ce : viSLG•'t•
UA= ; 01, 11419 5
$aplc y�n�ser: 475
Cc?1Qcted 3-7 Hrought In
Date geceived: 04!10!95
AA =4-1. R n T5I5
Si2?G6 ictal SueperAe-d 5clids 16. appm
A� Patric lron I2-!ggat
As Sd=i 4.3?pm
COehT-NTS :
:hone craci sre pada_-•mad In accordance pith SiaadSsd zictneds
dor the F.Y4't'�n1tion of Yater and W2sLe AaLBr, ITt:: Me -1 tc �
1989 by AYRA (eMQr1Ca� putl.ic $caZCE ascaclxLivas) or bb at z
mathcd3 accapted in the 5tnta of mi=eseta.
Stars of TUnnescca Ccrtifiad Laboratcrp
t oz7-145-1-144
srr..*,I,* w4
�nalys,s iso= c2i=i5t
I00® ?r!I STMI 14YILL IOSO OSt LT9 ZY3 WPT 58ILZ/t0
EXHIBIT
Environmental Protection Laboratories
217 Osseo Arrr~ No. & 5L Cloud, Minnesota 56303
(612) 253-1640 0 (800) 62"001 Ext_ 7095 • FAX (6121253-6250
TO. Traut Wells � DATE: 04/14/95
102 South 72nd Avenue
St__ CIM -id, MN 56301
Sample Number: 47
Collected By s brought in
Date Received: 04/10/95
Refer-z?nce: GTSEf-
DR It KING WATER ANALYSIS
WT006 Total Suspended Solids 16.8ppm
CnMMEt•lTS:
Thr-- . e LE -St, arcs performed i r, accardancP w.i r3'f Standard M-th6ds
rhe ExamLnaticin of Waf:rnr And Wi: —its Water, 1?r.h Edii-ion
1489 by 1AF'`-A �Afner.i car, Publ i e- Heal thr ,�as�+-i ,wti on) or by other,
rnet bads acr.,_.,rted io the Statim r,f M4 nn,�5c�'c.�.
State o+ Mi nr,E>�;c,t;, Cirri fic�ti t rcrratc?ry
1r
J
EXHIBI
T
}
William S. Radzwill
ndrew J. MacArthur
.Michael C. Coun
July 25, 1995
1,L4DZWILL LAW OFFICE
A.t_rmys ar Law
705 Central Avenue East
PO Bax .369 _
St. Michael, MN 55376
• (612) 497-1930
z (612) 497-2599 (FAX)
Mr. David Traut
Mark J. Traut Wells Drilling, Inc.
151 72nd Avenue South
St. Cloud, MN 56301
RE: City of Otsego Municipal Well
PiIbl =c Improvement Project No. 94-3
Dear Mr. Traut:
1' 26
This office represents the City of Otsego. I am in receipt of the
attached correspondence from the attorney for Environmental
Protection Laboratories in St. Cloud relative to a report which you
submitted to the City Engineer regarding tests done at the above
referenced city well. Obviously, this correspondence raises
concerns about what testing was actually done and the validity of
the documents presented to the City.
Upon review of the contract between your company and the City, it
is clear that the issue of the well water being proven "sand free"
was an essential element of that contract. Further, the City has
other contractual obligations that could be adversely affected by
any failure to provide sand free water.
At this point, the City is unable to determine whether or not Traut
has fulfilled its contractual obligations. This matter needs to be
resolved quickly since the Otsego Elementary School will commence
operations shortly.
The City Engineer's office indicates that previous dealings between
your company and the City of Otsego have been fairly smooth. I
would ask that you provide the City with an explanation for the
apparent inconsistencies between the report submitted to your
company by Environmental Protection Laboratories and that submitted
to the City by your firm as soon as possible so that this matter
can be resolved.
Thank you for your anticipated cooperation.
Very truly yours,
erew5 M Ar- hurLAA OFFICE
Encls.
cc: City of Otsego
Larry Koshak, Kevin Kielb, Hakanson Anderson
-
i'RAU --------
WELLS ;1.
July 27, 1995 r! �r �Q 2 8
Hakanson Anderson & Assoc
222 Monroe St
Anoka MN 55303
Attention: Kevin Kielb
Dear Kevin: -'
The following is an explanation of the difference in the EPL report
of 4-10-95 and the report sent the Engineer for the Otsego water
sample.
On 4-7-95 two (2) samples were drawn at the same time and location
at the Otsego school and one sample taken to EPL on 4-10-95. EPL
was directed to perform a sand content on the sample and report to
Traut Wells. When the report was received on 4-14-95 it was
reported as total suspended solids. A test result not recognized
by the AWWA for sand determination.
At this time, Traut Wells performed a total iron test and found it
to be 14 ppm of total iron. At this time, we f iltered out the
suspended iron and retested the sample and found 1.5 ppm as ferrous
iron. At conclusion 1.5 ppm of iron in solution subtracted 14 ppm
of total iron would indicate 12.5 ppm of suspended iron.
Subtracting 12.5 ppm of suspended iron from 16.8 ppm of total
suspended solids would leave 4.3 ppm of other solids and reported
as sand.
This calculation was done for the following reason. Because the
quantity of suspended iron was very high it rendered the test
reported as total suspended solids useless to the Engineer. Traut
Wells only took the test results and identified what appeared to be
the major constituents of the water and tested for actual
quantities. At this time, the iron content was so large that we
did not do further testing.
In conclusion I would not question the test results of the iron
content that was present, but the remaining 4.3 ppm of sand in fact
could be more than just sand as reported by Traut Wells.
Sincere
Paul Lambrecht
cc: Andrew J. MacArthur
Radzwill Law Office
Hakanson
'Anderson
Assoc., Inc.
August 2, 1995
Dave Traut
Traut Wells, Inc.
151 - 72nd Avenue S.
St. Cloud, MN 56301
RE: City of Otsego Public Improvement Project No. 94-3
Municipal Well
Sand Analysis and EPL Report
Dear Dave:
222 Monroe street
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3401
Hakanson Anderson Associates, Inc. is in receipt of your July 27, 1995 letter of
correspondence related to the above referenced project. Several questions remain
unanswered in regards to the testing. The questions relate to both the method of
test reporting and adequacy of the testing performed:
1 . Why were the test results submitted on EPL letterhead when only a
portion of the testing was performed by EPL?
The letter you submitted on July 27, 1995 explained this issue to
some extent. For future correspondence, we feel that your letterhead
should be used to transmit this type of information.
This does not appear to be a significant issue at this time.
2. Is the well sand -free at this time?
Although visual observations in the form of jar tests were performed
continually during initial development and subsequently during the
well -pump replacement, we feel a more precise final test for sand
content should be performed.
AWWA standards require that a Rossum sand sampler be utilized.
Dave Traut
Page 2 =-
August 2, 1995
Also, the AWWA requirements dictate that the following criteria be
met.
a. Sand content shall average not more than 5 mg/L for a complete
pumping cycle at the designated capacity.
b. No less than ten measurements shall be taken at equal intervals
to permit plotting of sand content as a function of time and
production rate and to determine the average sand content for
each cycle.
Based on the above criteria, a two hour test with sand samples taken every 12
minutes would satisfy AWWA requirements. However, constant rate testing over
longer periods may achieve more accurate test results, as we discussed earlier.
Length of testing may have to be based on field judgement during testing
operations.
The well pump should be set a 360 gpm and 68 psi to approximate average
pumping conditions. This testing should be performed as soon as possible.
By completing this analysis we feel many issues can be resolved regarding the well.
We appreciate the continued cooperation we have received from your firm during
this project.
If you have any question, please do not hesitate to contact me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
Kevin P. Kielb, PE
w
cc: Lawrence G. Koshak, PE City Engineer
Elaine Beatty, Clerk
Andy MacArthur, Radzwill Law Office
OT501.t,N
Hakanson
Anderson
Assoc., Inc.
August 7, 1995
Mr. Ron Erickson
Korsunsky Krank Erickson Architect
300 - 1 st Avenue N
Minneapolis, MN 55401
RE: City of Otsego Improvement Project No. 94-3
Correspondence
Dear Mr. Erickson:
222 Monroe Street
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3401
At your request we have included the following correspondence on the testing results
reported to us by Traut Wells Drilling.
- Letter from Hoolihan & Mills, Attorney for E.P.L., dated July 21, 1995 with
Exhibit A & B.
- Letter from Radzwiil Law Office (City Attorney) to Traut Wells, dated July
25, 1995.
- Letter from Traut Wells to Hakanson Anderson Associates dated July 27,
1995.
- Letter to Traut Wells from Hakanson Anderson Associates dated August 2,
1995.
Hakanson Anderson Associates received Exhibit B from Traut Wells in April of 1995.
We did not receive this report from E.P.L directly. We were not aware of the addition
by Traut Wells of the test results for Ferric Iron and Sand onto the report.
The test results are not in question. The fact that Traut Wells on their own, added
the result to the report for Ferric Iron and Sand is questionable. As we mentioned in
our August 2, 1995 letter to Traut Wells, this should have been reported on their
letterhead.
We did not learn about this addition until we received the Hoolihan & Neils letter on
July 24, 1995.
Again the test results are not in -question. Kevin Kielb of our staff witnessed on-site
jar tests with results less than 5.0 PPM of sand. These tests were performed both
during initial well testing and also during the recent well pump motor replacement.
Mr. Ron Erickson
Page 2 -
August 7, 1995
Well tests performed by Traut Wells on August 3, 1995 indicate that between 1 to
1.6 PPM of sand was being pumped from the well. This test was witnessed by
Hakanson Anderson Associates as well as school personnel. This test was as
requested in our August 2, 1995 letter to Traut Wells. The Elk River Star News
indicated sand in the range of 8 to 10 PPM was found in the well water. Are these
Braun's test results? if so, please forward that report to our office for consideration.
Information of this nature regarding the well water would be useful as we evaluate
this situation.
We are very concerned about the short -cycling of the well plump. The pump was
installed per the original specifications, Section 02670 of Project Manual Volume 1,
prepared by KKE. The fire flow appears adequate at 360 gpm and 80 psi. The
domestic flow may also prove to be adequate at lower flow rates. However, due to
the low storage volume of the pneumatic pressure tanks, usage between
approximately 50 gpm and 360 gpm will cause short cycling of the well pump. This
will eventually lead to pump failure. The issue must be addressed to obtain a properly
functioning system.
Also find enclosed correspondence on the well issues that we promised before my
vacation. We will fax the letters on the testing results, but will send by mail the other
correspondence refered to above.
We are willing to sit down and discuss the correspondence to a cooperative manner.
Yours truly,
HAKANSC� ANDERSON ASSOCIATES, INC.
avyfenc.i G.,Koshak, PE
Enclosure
cc: Ron Brantly, Elk River School Dist. #728
Andy MacArthur, Radzwill Law Office
Elaine Beatty; Clerk, City of Otsego
OT501 .kke
June 9, 1995 PAY ESTIMATE NO. 4
Honorable Mayor & City Council
8899 Nashua Avenue
Otsego, MN 55330
Re: Otsego Elementary School Site - Water Line & Water Well Appurtenances
Contractor: R.L. Larson Excavating, 2255 12th Street SE, St. Cloud, MN 56304
Bid Amount: $78,881.50
Award Date: August 3, 1994
Completion Date: May 15, 1995
Dear Council Members:
The following work has been completed on the above referenced project by R.L. Larson Excavating.
SCHEDULE "A"
Item Description
Estimate Used Unit
Quantity to Date Price Extension
1.
Mobilization/Demobilization
1
LS
1 LS
2.
10" Class 52 DIP
1203
LF
1203 LF
3.
6" Class 52 DIP
1039
LF
1035 LF
4.
Ductile Iron Fittings (MJ)
1610
LB
1860 LB
5.
10" MJ Gate Valve w/Valve box
3
EA
5 EA
6.
6" MJ Gate Valve w/Valve Box
1
EA
1 EA
7.
Fire Hydrant Assembly
2
EA
0 EA
8.
Meter Manhole w/Casting
1
EA
1 EA
9.
Water Meter
1
EA
1 EA
10.
Well Pump
1
EA
1 EA
11.
10" Flanged Gate Valve w/Valve box
2
EA
2 EA
12.
10" x 10" Flanged Tee
2
EA
2 EA
13.
10" Blind Flange
2
EA
2 EA
14.
10"x6" Flanged Reducer
2
EA
2 EA
15.
6" FL x PE Pipe (30" Long)
2
EA
2 EA
16.
6" Flange Adapter
2
EA
2 EA
17.
10" Flange Adapter
2
EA
2 EA
18.
Valve Key
2
EA
2 EA
19.
Remove, Salvage, Replace Culvert (24" CMP)
160
LF
0 LF
20.
Remove, Salvage, Replace culvert End Sect.
4
EA
0 EA
21.
Import and Place Topsoil
415
CY
0 CY
22.
Seeding Includes Fertilizer and Mulch
1
AC
1 AC
23.
Install 2" conduit
1
EA
1 EA
Tap & Pressure Gage
TOTAL WORK COMPLETED TO DATE:
Subtotal
Less Pay Estimate No. 1
Less Pay Estimate No. 2
Less Pay Estimate No. 3
WE RECOMMEND FINAL PAYMENT OF
Please verify the amount of previous amounts, if any, prior to making payment.
1000 /LS $1,000.00
22 /LF $26,466.00
17 /LF $17,595.00
1.25 /LB $2,325.00
800 /EA $4,000.00
600 /EA $600.00
1500 /EA $0.00
3000 /EA $3,000.00
1800 /EA $1,800.00
10000 /EA $9,675.00
800 /EA $1,600.00
300 /EA $600.00
150 /EA $300.00
200 /EA $400.00
150 /EA $300.00
150 /EA $300.00
350 /EA $700.00
50 /EA $100.00
12 /LF $0.00
100 /EA $0.00
8 /CY $0.00
1000 /AC $1,000.00
300 /EA $300.00
376.29
$72,437.29
$72,437.29
$48,524.58
$8,189.00
$13,906.20
--------------
$1,817.51
APPROVALS:
CONTRACTOR: Certification by Contractor: I certify that all items and amounts shown are correct for
the work completed to date.
R.L. LARSON EX A G
Signed:
Title: President DaCe: 6-20-95
ENGINEER: HAKANSON AND N SOC., INC.
Signed: / _1
Title: Date: [O 3
OWNER: - CITY OF OTSEGO
Signed:
Title:
File: OT501
Date:
Owne
Item 7.1E
Owne(
Otsego, MN 55330
June 9, 1995 PAY ESTIMATE NO. 3
Honorable Mayor & City Council
8899 Nashua Ave. NE
Otsego, MN 55330
Re: Non -Community Public Water Supply for Otsego, MN
Contractor: Traut Wells
Bid Amount: $77,920.00
Award Date: August 9, 1994
Completion Date: May 15, 1995
Dear Council Members:
The following work has been completed on the above referenced project by Traut Wells.
SCHEDULE "B1"
Item Description
1. Mobilization/Demobilization
2. Drill/Drive 24" Casing
3. Drill 23" Open Hole
4. Fill/Bail Open Hole
5. Set 18" Casing
6. Install Grout
7. F.Z.R. Development Equipment
8. Develop Well/Sandstone Removal
9. F.I.R. Test Pump Equipment
10. Test Pump Well
11. Furnish & Install Pitless Unit
12. Disinfect Well
13. Gamma Log Well
14. Video Record Well
15. Report/Permit/Submittals
16. Site Restoration
17.• Fill 24" Bore Hole
18.* Blast at 150 ft.
19.' Install Development Equipment
20.- Develop Well
21.' Install Test Pump
22.- Test Pump Well
23.* Deduct For Labor Not Required
*Per Change Order No. 1
TOTAL SCHEDULE "B1":
Less Pay Estimate No. 1
Less Pay Estimate No. 2
Estimate Unit Used
Quantity Price to Date Extension
1 LS $5,000.00 /LS
115 LF $118.00 /LF
85 LF $80.00 /LF
9.5 CY $130.00 /LB
115 FT $38.00 /EA
5 CY $265.00 /EA
1 LS $4,000.00 /EA
50 HR $50.00 /EA
1 LS $5,500.00 /EA
40 HR $45.00 /EA
1 EA $13,000.00 /EA
1 LS $150.00 /EA
1 LS $800.00 /EA
1 LS $800.00 /EA
1 LS $450.00 /EA
1 LS $1,500.00 /EA
132 CF $12.50 /EA
1 LS $520.00 /LS
1 LS $4,000.00 /LS
50 HR $50.00 /HR
1 LS $5,300.00 /LS
40 HR $45.00 /HR
1 LS ($650.00)/LS
WE RECOMMEND FINAL PAYMENT OF:
Please varify the amount of previous amounts, if any, prior to making payment.
1 LS
79 LF
121 LF
9.5 CY
123 FT
5.3 CY
1 LS
50.75 HR
1 LS
33 HR
1 EA
1 LS
0 LS
0 -LS
1 LS
1 LS
132 CF
1 LS
1 LS
43.75 HR
1 LS
49 HR
1 LS
$5,000.00
$9,322.00
$9,580.00
$1,235.00
$4,674.00
$1,404.50
$4,000.00
$2,537.50
$5,500.00
$1,485.00
$13,000.00
$150.00
$0.00
$0.00
$450.00
$1,500.00
$1,650.00
$520.00
$4,000.00
$2,167.50
$5,300.00
$2,205.00
($650.00)
$70,015.50
$3,631.99
--------------
$1,503.01
APPPROVALS:
CONTRACTOR: Certification by Contractor: Z certify that all items and amounts shown are correct for
The work completed to date.
TRAUT WEL
Signed: I / � :: !� / G/
Title: V '���:� Date: /
0
ENGINEER: HAKANSON ANDERSON ASSOC., INC.
Signed:
Title: Date:
OWNER: CITY OF OTSEGO
Signed:
Title: Date:
File: OT501
Owne
Item 7.2
PAY ESTIMATE 1
Buffalo Bituminous Inc.
P.O. Box 337
Buffalo, MN 55313 `
RE: PUBLIC IMPROVEMENT PROJECT NO 94-2
NE 70TH STREET (CSAH 37) & ODEAN AVENUE
(MSAP 217-105-01, MSAP 217-020-02, SAP 86-637-22)
BID AMOUNT: $307,979.25
AWARD DATE: May 23, 1995
COMPLETION DATE: September 2, 1995
BUFFALO BITUMINOUS, INC.
BID SCHEDULE "A" - CITY OF OTSEGO PUBLIC IMPROVEMENT PROJECT NO. 94-2
Estimated
Contract
Used
Item
--------------------------------------------------------------------------------------------------------------------------------
No.
Description
Quantity
Unit Price
Cost
To Dace
Extension
2021.501
Mobilization
1
Lump Sum
$1,000.00
LS
$1,000.00
LS
1
LS
$1,000.00
2104.501
Clearing
33
Tree
$35.00
TR
$1,155.00
TR
37
TR
$1,295.00
2101.507
Grubbing
33
Tree
$35.00
TR
$1,155.00
TR
37
TR
$1,295.00
2104.501
Remove pipe culverts
188
Lin. Ft.
$4.00
LF
$752.00
LF
210
LF
$840.00
2104.501
Remove fence (Wire)
90
Lin. Ft.
$3.00
LF
$270.00
LF
90
LF
$270.00
2104.501
Remove fence (Wood)
100
Lin. Ft.
$3.00
LF
$300.00
LF
100
LF
$300.00
2104.505
Remove bituminous pavement
8150
Sq. Yd.
$1.00
SY
$8,150.00
SY
8358.0
SY
$8,358.00
2104.505
Remove concrete slab
155
Sq. Yd.
$1.00
SY
$155.00
SY
155.0
SY
$155.00
2104.509
Remove sign
27
Each
$8.50
EA
$229.50
EA
27
EA
$229.50
2104.509
Remove timber cattle pass
70
Lin. Ft.
$15.00
LF
$1,050.00
LF
70
LF
$1,050.00
2104.513
Sawing bituminous pavement
74
Lin. Ft.
$2.00
LF
$148.00
LF
0
LF
$0.00
2104.521
Salvage fence
135
Lin. Ft.
$5.00
LF
$675.00
LF
0
LF
$0.00
2105.501
Common excavation
34537
Cu. Yd.
$1.80
CY
$62,166.60
CY
31083
CY
$55,949.40
2123.503
Motor Grader (60th St. main[.)
60
Hour
$60.00
HR
$3,600.00
HR
3
HR
$180.00
213'
Water (60th St. main[.)
60
M Gal
$15.00
GAL
$900.00
GAL
69
GAL
$1,035.00
22'
Aggregate base class 5
6886
Ton
$6.00
T
$41,316.00
T
5392.6
T
S32,355.60
221
Agg. base c15 (60th St. main[.)
1295
Cu. Yd.
$7.00
CY
$9,065.00
CY
816.0
CY
$5,712.00
0331.601
2" bit. wearing course (driveways)
787
Sq. Yd.
$4.50
SY
$3,541.50
SY
0
SY
$0.00
2340.508
Type 41 wearing course mixture
1482
Ton
$23.50
T
$34,827.00
T
0
T
$0.00
2340.514
Type 31 base course mixture
1977
Ton
$20.50
T
$40,528.50
T
0
T
$0.00
2357.502
Bituminous material for tack coat
919
Gallon
$1.00
GAL
$919.00
GAL
0
GAL
$0.00
0412.602
Relocate mailbox
4
Each
$60.00
EA
$240.00
EA
0
EA
$0.00
2501.511
15" RC pipe culvert class V
208
Lin. Ft.
$26.00
LF
$5,408.00
LF
160
LF
$4,160.00
2501.511
18" RC pipe culvert class V
140
Lin. FT.
$28.00
LF
$3,920.00
LF
132
LF
$3,696.00
2501.515
15" RC pipe apron
10
Each
$280.00
EA
$2,800.00
EA
8
EA
$2,240.00
2501.515
18" RC pipe apron
4
Each
$315.00
EA
$1,260.00
EA
4
EA
$1,260.00
2503.511
15" RC pipe sewer class III
567
Lin. Ft.
$22.00
LF
$12,474.00
LF
616.7
LF
$13,567.40
2503.573
Install cone, apron storm (1511)
2
Each
$280.00
EA
$560.00
EA
2
EA
$560.00
2506.508
Construct manhole storm
3
Each
$1,300.00
EA
$3,900.00
EA
3
EA
$3,900.00
2506.509
Construct catchbasin storm
3
Each
$1,000.00
EA
$3,000.00
EA
3
EA
$3,000.00
2511.501
Random riprap cl III wl geo. fab.
36
Cu. Yd.
$40.00
CY
$1,440.00
CY
0
CY
$0.00
2531.501
Cone. curb and gutter design 8618
1450
Lin. Ft.
$5.20
LF
$7,540.00
LF
0
LF
$0.00
2531.501
Conc. curb and gutter design D418
1264
Lin. Ft.
$5.25
LF
$6,636.00
LF
0
LF
$0.00
2531.507
6" concrete driveway pavement
33
Sq. Yd.
$26.00
SY
$858.00
SY
0
SY
$0.00
0557.603
Wood fence 6' high
254
Lin. Ft.
$47.50
LF
$12,065.00
LF
0
LF
$0.00
0563.601
Traffic Control
1
Lump Sum
$3,000.00
LS
$3,000.00
LS
0.50
LS
$1,500.00
0564.602
4" broken line yellow - tape
864
Lin. Ft.
$0.25
LF
$216.00
LF
0
LF
$0.00
0564.602
F & I sign panel (stop)
2
Each
$165.00
EA
$330.00
EA
0
EA
$0.00
0564.602
F & I sign panel (stop ahead)
2
Each
$165.00
EA
$330.00
EA
0
EA
$0.00
0564.602
F & I sign panel (winding road)
2
Each
$115.00
EA
$230.00
EA
0
EA
$0.00
0564.602
F & I sign panel (advisory speed)
2
Each
$42.00
EA
$84.00
EA
0
EA
$0.00
0564.602
F & I sign panel (cross road)
2
Each
$115.00
EA
$230.00
EA
0
EA
$0.00
0564.602
F & I sign panel (dead end)
1
Each
$115.00
EA
$115.00
EA
0
EA
$0.00
3564.602
F & I sign panel (two way traffic)
2
Each
$115.00
EA
$230.00
EA
0
EA
$0.00
3564.602
F & I sign panel (hidden driveway)
1
Each
$115.00
EA
$115.00
EA
0
EA
$0.00
0564.602
F & I sign panel (pavement ends)
1
Each
$115.00
EA
$115.00
EA
0
EA
$0.00
0564.602
F & I street name sign
1
Each
$165.00
EA
$165.00
EA
0
EA
$0.00
Ob-602
Pavement mess. (left arrow) paint
2
Each $20.00
EA
$40.00
EA
0
EA
50.00
0564.502
Pavement mess. (right arrow) Paint
2
Each 520.00
EA
$40.00
EA
0
EA
50.00
0564.502
Pavement mess. (only) pai.-.t
4
Each $40.00
EA
$160.00
EA
0
EA
$0.00
0554.603
24" stop line white - paint
30
Lin. Ft. 51.25
LF
$37.50
LF
0
LF
50.00
0564.503
24" solid line yellow - paint
368
Lin. Ft. 50.80
LF
$294.40
LF
0
LF
50.00
0564.503
4" solid line white - paint
6680
Lin. Ft. $0.15
LF
51,002.00
LF
0
LF
50.00
0564.603
4" double solid line yellow - paint
4155
Lin. Ft. $0.30
LF
51,249.50
LF
0
LF
50.00
0565.502
Furnish and install street light
2
Each 50.00
EA
50.00
EA
0
EA
50.00
0565.503
2" PVC Conduit
307
LF $5.00
LF
51,535.00
LF
307
LF
$1,535.00
2573.501
Bale check
160
'Each 56.00
EA
5960.00
EA
0
EA
50.00
2573.503
Silt fence, preassembled
7190
Lin. Ft. 51.55
LF
511,963.50
LF
3820
LF
56,303.00
2573.508
Bituminous lined flume
21
Sq. Yd. $20.00
S':
5420.00
SY
0
SY
50.00
2575.501
Seeding
3.41
Acre 5100.00
AC
5341.00
AC
0
AC
50.00
2575.502
Seed Mixture 800
170.5
Pound 53.00
La
SSi1.50
La
0
L3
50.00
2575.505
Sodding, type lawn
5265
Sq. Yd. $1.50
SY
57,897.50
SY
0
SY
50.00
2575.511
Mulch material type 1
6.80
Ton 5150.00
T
5'_,020.00
T
0
T
$0.00
2575.519
Disc anchoring
3.41
acre $25.00
AC
585.25
AC
0
AC
50.00
2573.523
Wood fiber blanket type regular
1100
Sq. Yd. $1.00
SY
51,100.00
SY
0
SY
50.00
2575.531
Commercial fertilizer, 20-10-10
0.86
Ton 5300.00
T
$253.00
T
0
T
50.00
TOTAL 3I1D
SCHEDULE "A"
------------
5307,979.25
------------
5151,745.90
original
Work
Contract
Completed
SLMMARY
Schedule A
------------
5307,979.25
------------
5151,745.90
Less 5's Retainage:
$7,587.30
TOTAL WORK COMPLETED TO DATE:
------------
5307,979.25
------------
5144,153.51
WE RECOMMEND PARTIAL PAYMENT OF:
$144,158.51
A %LS
Col.-.-CTOR:
Certification by Contract: I certify that
all items and amounts
shown are correct for the work
completed
to date.
BUFFALO a=uMINOUS
NC.
Signed:
Title:
/.
Date: n
ENGINEER:
HAXANSON W ERSON ASSOCIATES INg.
Signed:
Title:
Date:
OT*,4ER: BUFFALO BITUMINOUS INC.
Signed:
Title:
Date:
FILE: OT323.PE1
Hakanson
Anderson
Assoc., Inc.
August 1, 1995
Elaine Beatty, Clerk
City of Otsego
8899 Nashua Avenue
Otsego, MN 55330
RE: Island View Estates
Dear Elaine:
Item 7.3
222 Monroe Street
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3401
As requested, we have estimated the cost difference between a 7 and 9 ton street
section for the above mentioned project.
We have assumed a low traffic volume and a projected R value greater than 30.
The Bituminous Gravel Equivalency (G.E.) for a 9 ton is 6.3, and for a 7 ton is 4.9.
Therefore, using a minimum of 4 inches of gravel the asphalts thickness must be as
follows:
Design/Ton
Bit. Base Bit. Wear
Total Asphalt
G.E
9
1.5" 1.5"
3.0"
6.37
7
2.5"
2.5"
+5.00
The cost difference in this case involves a '/z " of asphalt wear course and when
calculated at $22.50/ton the result is the $20,418.75. The addition of overhead
and contingency brings the total project difference to $26,544.' -
If divided by 94 units, the difference per unit would be $282.38.
Elaine Beatty
Page 2
August 1, 1995
I hope this information answers the question on this issue.
If you have any questions, please call me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
rend G,,Koshak, PE
WS
cc: Phyllis Boedigheimer, Finance Director
Andy MacArthur, Radzwill Law Office
OT331 .eb
RESOLUTION NO. q-372—
RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS
MISSISSIPPI SHORES ADDITION
WHEREAS, a resolution of the City Council fixed a date for a council hearing on the
proposed Bituminous Street Reconstruction and Overlay for all streets located within
the Mississippi Shores 1st, 2nd, 3rd, 4th, 5th, 6th, and 7th Additions.
AND WHEREAS, ten days' mailed notice and two weeks' published notice of the
hearing was given, and the hearing was held thereon on the 15th day of May, 1995,
at which all persons desiring to be heard were given an opportunity to be heard
thereon.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO,
MINNESOTA:
1. Such improvement is hereby ordered as proposed.
2. Hakanson Anderson Associates, Inc. is hereby designated as the engineer for
this improvement. He shall prepare plans and specifications for the making of
such improvements.
Adopted by the Otsego City Council this day of 1995.
City Clerk
OT329.res
RESOLUTION NO. 4M3 3
RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS
ISLAND VIEW ESTATES ADDITIONS
WHEREAS, a resolution of the City Council fixed a date for a council hearing on the
proposed Bituminous 'Street Construction for all streets located within the Island View
Estates Additions.
AND WHEREAS, ten days' mailed notice and two weeks' published notice of the
hearing was given, and the hearing was held thereon on the 15th day of June, 1995,
at which all persons desiring to be heard were given an opportunity to be heard
thereon.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO,
MINNESOTA:
1 . Such improvement is hereby ordered as proposed.
2. Hakanson Anderson Associates, Inc. is hereby designated as the engineer for
this improvement. He shall prepare plans and specifications for the making of
such improvements.
Adopted by the Otsego City Council this day of 1995.
, j: f, �- cr-6
Mayor
City Clerk
OT331 .res
VCA
Northwest Associated Consult;
C O M M U N I T Y
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
PLANNING DESIGN MARK
Elaine Beatty
Dan Licht
8 August 1995
15�150WC
Sifr Ile
RESEARCH
Otsego - Wright County Zoning Ordinance Amendments
176.08 - 95.18
The following memorandum is intended to summarize several proposed amendments to the Wright
County Zoning Ordinance. While the majority of the proposed amendments are editorial or
grammatical, procedure changes, or administrative corrections, several of the amendments
represent significant changes affecting land uses or development of land. Although the City of
Otsego is outside the jurisdiction of the Wright County Zoning Ordinance, these proposed
amendments may impact the City by affecting land adjacent to the City's borders. These proposed
amendments, which may indirectly affect Otsego, are summarized below:
Section 404. Lots of Record (2)
Amended to allow sanitary facilities for lots less than 20,000 square feet to be located on adjacent
property legally available to the property owner.
Section 604.4 Home Extended Businesses (11)
The maximum size of signage for a home extended business is increased from 12 square feet to
35 square feet. This signage is subject to a conditional use permit.
Section 604.4 Sanitary Landfills
This conditional use within the Agricultural District is expanded to include demolition landfills.
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
Section 604.4 Contractors Yards
Contractors yards are proposed to be allowed in the Agricultural District as a conditional use.
They may only locate on the homestead of a contractor and are subject to storage and screening
requirements.
Section 604.5 Performance Standards
This proposed amendment to the Agricultural District performance standards would apply
residential district animal density and setback requirements to lots less than 10 acres in size in the
Agricultural District. This amendment is most likely a response to the fact that these lots are more
residential in nature than agricultural.
Section 604.6 (3) Determining Entitlement on Large Parcels
This proposed amendment alters the method used for determining entitlement for large parcels
over 60 acres. Under the current Ordinance language, a single 240 acre parcel would be restricted
to entitlement for two dwelling units. The proposed amendment would allow the property to be
divided into a total of six dwelling units on a 240 acre parcel, provided that there is sufficient road
frontage. Despite the increased number of dwelling units, this amendment does not reduce the
"1 per 40" density requirements.
Section 714.2 Livestock and Animals
This section is proposed to be modified in order to clarify and modernize the standards. The only
non -editorial amendment to this section involves redefining this setback requirement for animal
buildings or feedlots listed below. The standards proposed meet or exceed those required by the
City of Otsego Zoning Ordinance. Also included is the provision that keeping four or more dogs
represents a kennel and is allowed by conditional use permit.
Livestock Buildings
100 feet from any occupied lot/parcel less than 4 acres
50 feet from any lot/parcel
Feedlot
200 feet from any property line
Section 717 Dwelling Units Prohibited
This section has been expanded to include any vehicle or building not specifically approved by the
Building Inspector. The provisions of this section dealing with the seasonal use on any lot of
travel trailers or mobile homes has been expanded to include the following:
• One unit per lot
• On non -buildable lots, sewage must be self-contained and hauled off site for
treatment/disposal
• Principal structure setback standards will apply
2
Section 720 Permitted Encroachments
This proposed amendment reduces the amount of impervious surface allowed from 75 percent to
50 percent of the total lot area.
Section 725.1 Essential Services
Utility lines to be located within public road rights-of-way or existing easements will no longer
require a County utility permit. However, all other permits would still be required and as -built
plans would be required to be filed with the County Surveyor.
For utility lines not located in a public right-of-way or existing easement, Essential Service Permit
will be required. The Essential Service Permit is to be treated like a CUP. Also, the term of the
permit is proposed to be increased from one year to two years.
Each of the proposed Ordinance amendments may have a potential indirect impact on the City of
Otsego in that they may affect land uses or development adjacent to the City's border. However,
in most instances, the proposed amendments strengthen the County Ordinance to protect adjacent
property from potential negative impacts associated with various land uses or developments.
Based upon our office's review of the Wright County Zoning Ordinance amendments, we would
recommend that the City either make no comment or make a recommendation of approval to the
Wright County Planning Commission.
If you have any questions regarding this matter, please do not hesitate to call.
3
I
NOTICE IS HEREBY GIVEN, that on Thursday,
August 31, 1995 the
Wright County Planning Commission will hold a public hearing in
Meeting Room 120 of the County Government Center ir, the City of
ndment: to
Minnesota at 7.00 p.m. to consider several ame
Buffalo, Z
the Wright County Zoning Ordinance.
These amendments include: wording changes and
1) several new definitions, minor
clarifications throughout the ordinanicies and procedures for the
2) expansion and clarification of p
ol
Board of Adjustment;
3) the addition of "Demolition landfills"hAi ulturaltDistrict;Yards'
as potential conditional uses 40 the Agricultural
are allocated in the
4) a change to the way
Agricultural District that will allow mrequiresmlent of someses
but maintain the same overall density
or
40 acres; regulations to clarify requirements f
5) revisions to livestock regu irementss and,
animal density and lot size requirements; ermits and new pipeline
6) simplified procedures for utility p
safety rules.
ENTIRE SET OF AMENDMENTS IS AVAILABLE FROM THE OFFICE
A COPY OF THE
OF PLANNING AND ZONING (COPYING COSTS ONLY).
Such persons that desire to be heard with reference to the proposed
amendments will be heard at this time. If you do not attend the
or submit written comment, it will be assumed that you have
hearing lease
no objections to the proposal. If there are any questions, p
ing Office in Buffalo. Interpreter
contact the Planning and Zon
services for the hearing impaired will be provided on request for
public meetings and other county -sponsored classes and events.
WRIGHT COUNTY PLANNING & ZONING OFFICE
WRIGHT COUNTY GOVERNMENT CENTER
10 SECOND STREET N.W., ROOM 140
BUFFALO, MINNESOTA 55313
PHONE: 682-7338
--NOTICE OF PUBLIC HEARING - WRIGHT COUNTY PLANNING COMMISSION
CITY OR TOWNSHIP RESPONSE FORM
HEARING DATE: Thursday, AUGUST 31, 1995 at 7:00 p.m.
REQUEST: The Wright County Planning Commission proposes to make
several amendments to the Wright County Zoning Ordinance
as described on the attached notice. Copies of the
amendments were distributed and discussed with all
Townships at the July 6, 1995 Township Officers County
Unit meeting. Extra copies of the amendments are
available to anyone by contacting the Office of Planning
and Zoning.
THE TOWN BOARD OR CITY COUNCIL SHOULD COMPLETE THE FOLLOWING IF YOU
WISH TO MAKE ANY COMMENT ON THE AMENDMENTS. IF NO WRITTEN RESPONSE
IS RECEIVED, THE PLANNING COMMISSION WILL ASSUME THAT THE TOWN
BOARD/CITY COUNCIL PREFERS TO LEAVE THE MATTER UP TO THE COUNTY.
ANY RESPONSE CAN BE SUBMITTED AT THE HEARING, OR IN WRITING PRIOR
TO THE HEARING THROUGH THE PLANNING AND ZONING OFFICE.
CITY/TOWNSHIP APPROVES OF THE REQUEST BECAUSE:
CITY/TOWNSHIP DISAPPROVES OF THE REQUEST BECAUSE:
COMMENTS OR PROPOSED CONDITIONS:
SIGNED:
D R A F T
PROPOSED AMENDMENTS TO THE WRIGHT COUNTY ZONING ORDINANCE
(Proposed changes or amendments are typed in bold print. The
current ordinance language is in normal print. Comments and notes
which are explanatory and not to be included in the ordinance are
in italics.)
Page 2
Add a new definition as follows.
(la) Access Drive (driveway) - An improved area of any lot or parcel
which is used for vehicular access or parking. Drives improved
solely with gravel or rock materials will not be used to
calculate lot coverage areas; any paved (bituminous, concrete,
etc.) area shall be counted as impervious surfaces.
Page 9
Change the definition of Lot Width as follows. (The current
definition seems to have been an error.)
(81) Lot Width - The ffia-M . mind = n+ horizontal distance between
the side lot lines of a lot measured within the first thirty
feet of the lot depth. The lot width shall determine the
required road frontage and shoreline frontage for lots.
Page 15
Renlace the current definition of "Travel Trailer" with the
following new definitions.
(152 ) Travel Trailer/Park Trailer- A travel trailer is a trailer
mounted on wheels which is designed to provide temporary
living quarters during recreation, camping or travel, does not
require a special highway moving permit based on its size or
weight when towed by a motor vehicle, and is less than 40 feet
in length (including hitches) and less than 102 inches in
width. A park trailer is a travel trailer which is 102 inches
or more in width, and no larger than 400 square feet when any
collapsible components or additions are fully extended. Any
trailer larger than these dimensions shall be considered to be
a mobile home. (See secticn 717 for trailer regulations.)
Page 18
Make the noted changes to part (2) of Section 404. LOTS OF RECORD.
(2) They have at least 20,000 square feet of area.
Lots smaller than 20,000 square feet may be 1�sed as dwelling
sites if the owner can prove that adequate sanitary facilities
can be provided. Said sanitary facilities must be located on
the same lot of record as the dwelling, or on adjacent land
which is legally available to the owner. Extraordinary
alteration of the lot through land filling or excavation shall
not constitute proof of an adequate site for sanitary
facilities.
The Board of Adjustment shall decide if lots smaller than
20,000 square feet may be used for dwelling sites in accord
with Section 502.2. The expansion of the floor area of
substandard residential uses on lots smaller than 20,000
square feet shall also be reviewed by the Board of Adjustment.
Such expansion may be denied or limited by the Board when
there is limited space for sewage treatment and/or no
alternative sewage treatment site on the lot. The Board of
Adjustment may note in its review that a substandard
residential use should be used for seasonal use only, if
adequate sanitary facilities for year-round occupancy cannot
be provided. Holding tanks need not be considered as adequate
sanitary facilities for year-round use. In no case shall the
expansion of a substandard residential use exceed 50% of the
assessed value of the original structure if a holding tank is
the only available method for sewage treatment.
In determining if adequate sanitary facilities can be
provided, the Board of Adjustment shall require that all
standards in Section 716. Sewaae Treatment and Disposal
Standards be shown to be met. Due to the small lot size, and
in areas where community water and sewer systems are not
planned to be installed, the Board of Adjustment may require
that proposals include a second location for a sewage
treatment system. Proposals which can provide for only one
site, and require a mound system or other alternative sewage
treatment system shall not be considered as adequate sanitary
facilities on lots which are predominantly low (less than 6
feet) in elevation above the Ordinary High Water Mark or water
table. The total square footage of any proposed residence
shall be limited by the Board on any lot where there is no
alternative sewage treatment site available.
2
Page 25
Section 502.2 defines the responsibilities of the Board of
Adjustment. Reviewing lots of record, especially very small lots in
lakeshore areas, is one of their major tasks. On rare occasions, a
1 o t is so poor that it must be declared "unbuildabl e", and the
following language is proposed to clarify what uses may be allowed
on such lots after they are declared "unbuildable". The existing
language is found in the middle of page 25.
The Board of Adjustment may review lots of record in the office of
the County Recorder which do not meet standards established by this
Ordinance for size, width, elevation, depth, or other provisions.
The Board may require that such parcels by joined, combined,
modified in size, shape, or other ways to more nearly achieve the
standards of' this Ordinance if the owner wishes to use such parcels
as building sites.
The Board may initiate such proceedings or may act upon request of
the property owner. If the Board determines that the lot is not
acceptable as a building site, the Zoning Administrator shall
provide a copy of the Board's findings to the Wright County
Assessor. No well nor sewage treatment system nor holding tank
shall be installed on any lot found to be unacceptable as a
building site. One water oriented accessory structure or facility
may be allowed if it complies with all shoreland requirements, and
a garage or other accessory building may be permitted provided no
living quarters nor plumbing are installed and all proper setbacks
are met. A travel trailer, but not a park trailer, is permitted if
it complies with all the conditions in Section 717.
Page 26
There is currently no procedure listed for applying to the Board of
Adjustment. While this has not proven to be a major problem yet, a
procedure sh-ould be included to correspond to similar wording for
applicants to the Planning Commission. Therefore, it is proposed to
delete the last three paragraphs in section 502.3, and modify there
to be included within a new section 502.5.
L _ i i a_
—e L - . e— -.......... .� the ._ a —_
..—.. ... ... ——.... .--_ r. — ..-. .. ...
nv�-zr— -----_ by
-- - =t =e-- a `teee, shall be :;:e4 -`she
Ge n: 3Ey 'eeeL-?-ei-. =_`:e--aL-Eie�F ehe—;Baai-d ef- Adjustment s Ml ? ; ne-!;ade
thel The Gen-4:ne
L
a .i. - 9a 4E =- e'erEiei , eLa
G
ae
e _ _ e .Geunty n land
M
502.5 Procedure
(1) The person applying for a hearing before the Board of
Adjustment shall fill out and submit to the Zoning
Administrator a hearing application form and fee as
determined by the County Board. It shall be the
responsibility of the applicant to provide all
information necessary for the Board of Adjustment to
reach a decision. For, the review of projects on Lots
smaller then 20,000 square feet in size, the application
must be accompanied by a certificate of survey no more
then five years old which shows all relevant structures,
wells, sewers and other pertinent data.
(2) The Zoning Administrator shall refer the application to
the Board of Adjustment for review. Notice shall be
provided as required by Minnesota Statutes 394.26
(3) The Board of Adjustment shall hold a public hearing on
the proposal. The petitioner or his representative shall
appear before the Board in order to answer questions
concerning the proposal.
(4) The Board of Adjustment may approve, approve with
modifications or conditions, or deny an application based
on the information available and findings of the Board.
All decisions by the Board of Adjustment shall be final,
except that any aggrieved person or persons, or any
department, board or commission of the jurisdiction or of
the state shall have the right to appeal within thirty
(30) days, after receipt of notice of the decision, to
the District Court in the County in which the land is
located on questions of law and fact.
(5) A certified copy of any order issued by the Board of
Adjustment acting upon an appeal from an order,
requirement, or decision or determination by an
administrative official, or a request for a Variance,
shall be filed with the County Recorder. The order
issued by the Board of Adjustment shall include the legal
description of the property involved. The Zoning
Administrator shall be responsible for the document
recording requirements of this section.
(6) Any violation of a condition or ruling made by the Board
of Adjustment shall be a violation of this ordinance.
Failure to comply with any ruling of the board of
adjustment shall void any variance or special permit
granted by the Board of Adjustment.
(7) A variance shall be valid for
and if not acted upon by the
within that time, the variance
LAI
a period of three years,
applicant or his assigns
shall be void.
Page 27
Paragraph 3 of section 504.2 does not make sense, and must be the
result of a typing error. St is proposed to be corrected as
follows. The change to paragraph 4 is self-explanatory.
(3) A public hearing on the rezoning application shall be held by
the Planning Commission within thirty (30) days after the
request for the zoning amendment has been received. Notice of
said hearing shall be published in the official newspaper
designated by the County Board. The recommendation of the
Planning Commission will be referred to the
County Board a4a- =he-neae�-= i -e eeti:nq of heWL3 ''- " un;'-- "
GeaaFd at its next regular meeting following the hearing
recommending approval, disapproval or modified approval of the
proposed amendment.
(4) The Wright County Board must take action on the application
within sixty (60) days following referral by the Planning
Commission. The person making the application shall be
notified of the action taken. The W. hT ^-__ _`y ^-_�-' Zoning
-1
Administrator shall maintain records of amendments to the text
and zoning map of the Ordinance.
Page 30
The County currently requires permits for all structures over 150
square feet in size, while the state building code requires 120
square feet. Also, a survey is required to build a house on any lot
"less than ten acres" while the original intent was for ten acres
or less. Therefore the following changes are proposed.
Buildings less than 4:�Z 120 scruare feet in total ground coverage
shall not require a permit....
(4) For all lots of lei—;Eh-�n �Ean eeree ten acres or less in
size, a Certificate of Survey shall accompany each residential
building permit application along with evidence that corner
irons are established and visible.....
Page 3I
Because other state agencies and road authorities govern the
utilities, and because the County has been unable to adequately
enforce this section, it: and the accompanying section 725 are
proposed to be considerably weakened or eliminated in part.
506.7 Essential Service Utility Permits
T-`� a4il-a:en 99 a!; earm ---==.F4:ee9 in any zening ��- _hal; ,.
h "=en -:ng A a r --=e app• a a3 �t� —�--te=e, o fej any -
_ _ _
;ahe-
ae:e;�:eante. Essential services as treated herein shall refer to trunk
transmission, sewer and water system, collection or distribution lines,
except electrical distribution lines, and excepting lateral or house
lines. Specific requirements and procedures are set forth in Section 725.
5
Page 34
A numbering error in Section 603.2 needs to be corrected.
Subdivisions which comply with agricultural standards
604.2 and 6G4-6 (5)-604.6' , * ,
Page 36
In the Agricultural District, Section 604.4, eliminate the
essential service conditional uses as noted which will be subject
to the revised section 725, and add or change certain conditional
uses as noted.
1asent�Lal Te-lephene,TelegL-ap 1--amid—newel'`- 4�S-irk:
T==_nem-and--;e e e -e s a_-ygp t es�n-5tnuet-ur-e9-
naaffi s , `' 9weic P l aff3�ra I e e = = : and Gas Gub1s t-a4=-ien s and y3irnirs a 3i�
`
Paragraph (11) under Home Extended Business:
(11) A business sign shall be permitted which is no larger than 4.r
35 square feet; it may not be nen illuminated and attaehd-tee
the ;aid�Llding.
D Sanitary Landfills and Demolition Landfills
Contractors Yards only on the homestead of the contractor and
subject to the storage and screening requirements in Sections 702,
703, 704 and 705. (All existing and/or nonconforming yards shall
obtain a Conditional Use Permit and comply with this ordinance
within three years of adoption.)
Page 38
Add a new paragraph directly under the title for the Agricultural
Performance Standards to address setbacks for the many small lots
which are pre-existing in the Ag zone.
604.5 Performance Standards
(Parcels in the Agricultural District which are ten acres or less
in size shall be subject to residential standards for animals and
setback standards which correspond with the zoning district which
is closest in lot size to the parcel. R-1 standards apply for lots
2 acres or less, R-2 for lots 2 to 4 acres and R -2a for lots from
4 to 10 acres.)
Page 40
This proposal is to change the standards in the Agricultural zoning
district to allow more residences, while maintaining an overall
density of "I per 40". The current ordinance allows one, and only
one, extra entitlement for farms over 60 acres which have
significant acreage without road frontage. Thus, a farm which has
80 acres but only one forty on the road gets two houses, and a farm
with 240 acres but only one forty on the road also gets only two
houses. Under the new proposal, • Che farm with 240 acres would get
a total of six houses, provided there is enough public road
frontage to accommodate the houses. This is accomplished by
changing the 1160 acre rule" in the ordinance (604.6(3) and making
appropriate changes in other sections as follow.
(3) Determining entitlements on large parcels
(a) On a farm or adjoining parcels, including all contiguous land
under common ownership, as e ` L ie e.t , e- L ,;e date eL L '
.�—sne extra entitlements shall be available to the
entire parcel provided the following conditions are met:
(1) the lands involved comprise more than sixty (60) acres
7 , L L
sem ?, T*�
�'S.�V L
eae—e•:Ei::9ag_a-ee9 6d.enee
the ;anile :moo -e ne _: LE.`' a ent;
L L , L
(2) if the parcel is the result of a division since August 1,
1978, then the number of entitlements shall be determined
by basing the calculations in (b) to all contiguous lands
under common ownership as they existed on August 1, 1978.
These entitlements shall be allocated to the new parcels
by the Zoning Administrator based on acreage and the
standards contained herein, and appeals shall be heard by
the Board of Adjustment provided that no extra
entitlements may be created.
(b) Entitlements for such parcels shall be determined by the
zoning administrator as follows.
(1) The total acreage of the parcel shall be calculated using
the best information available (the administrator or
Board of Adjustment may require the applicant to provide
a survey of the property in case of dispute over size).
(2) Forty acres shall be subtracted from this total for each
existing house on the parcel, and for each entitlement
division which has occurred since August 1, 1978.
(3) The result from (1) and (2) shall be divided by 40 acres,
and that result rounded to the nearest whole number,
which shall be the number of entitlements the entire
parcel is allocated. The use of these entitlements shall
be subject to all regulations in this ordinance,
including public road frontage requirements.
7
changes to section 604.60), continued
(bc) The purpose of this provision, 9��s-99eted==-
wae is to provide relief to potentially inequitable situations where
large landholdings may be unduly restricted due to the location of
ag,_ _;__e n !:�efne -Hv-i-e—t-e el -or r l e substantial acreage
-• e:_ without road frontage. The intent _ - -- ---
_ _e3.,, -a __ `-`, _ Re=l:te _ _,�,and is not to
increase residential density, in the AG zone above an average of one
house per forty acres. If 94-h - faem a large parcel is subdivided
into agricultural parcels, the entitlements shall be allocated at
the time of sale in accord with the standards contained within,
(provided that no new entitlements may be created) with Bhe
_ unless otherwise specified and appropriately recorded
through deed restrictions or action by the Board of Adjustment or
Planning Commission.
Pages 40-41
As a result of the changes noted above, it is necessary CO change the
wording for deed restrictions for "Z per 40" divisions. Several other
minor changes are proposed to accommodate the increase in entitlements
and development in the AG district.
604.6(4)
(a) Deed Restriction - The owner(s) (including, in all cases, the
fee owner) of the eligible parcel must sign and record a deed
restriction to apply to the remainder of the parcel. The
restriction shall limit any further residences, divisions
or nonagricultural development of the remainder in accord with the
terms of this section, unless it is rezoned. The restriction shall
be on a form provided by the zoning administrator.
(b) Landlocked parcels prohibited - The remainder must have frontage
on a public road, or must be held in common ownership with
contiguous lands which have road frontage. No lot nor parcel may be
created which does not have road frontage in accord with the
requirements herein.
(c) Lot Standards
(2) A private access strip no less than thirty-three (33) nor more
than sixty-six (66) ____ _2. feet in width, which
abuts a public road, may be approved by the zoning
administrator in lieu of the standard road frontage
requirement, if the intent is to provide access to a wooded
site, or to otherwise preserve active agricultural lard or
practices. The strip shall not be an easement, but owned in fee
with the division. Maintenance shall be the complete
responsibility of the property owner. In no case may such a
strip be used to serve more than one residence, unless accepted
as a public road by the township. __ no ease gip
_1 _ _ _-- `-a TdaaFtaela.--
_�Fetjj-a gee }-hers f4 -c rte- _ , , 1 � e --a d—i4 s i en. Re f u s a 1
by the zoning administrator to approve such a strip may be
appealed to the Board of Adjustment.
9
changes to section 604.6(4), continued
604.6(4)
(d) Lot Status - The division shall remain zoned AG, General
Agriculture, but for the application of rules pertaining
to livestock, outdoor storage and other general
standards, a division ten (10) �T acres or less in
size shall be considered a residential lot.
604.6(5) Entitlement Transfers
Entitlements may be transferred to contiguous property under
common ownership (but not between owners, nor to separate
parcels) provided the proposed divisions comply with 604.6 (4) .
Said transfers may be approved by the zoning administrator if
all other regulations are met. Transfers shall require the
issuance of a Conditional Use Permit by the Planning
Commission if the transfers result in the grouping of three or
more homes at one location. amd the P-lan-n-ing
per== c- whi: eh tit—a= subjeet te=- - e The purpose of
allowing such transfers is to preserve productive farmlands,
and the F_.:.___= c Coffffn a a:ela shal? eeits4:4e2? to minimize the
effects of the residences tL-anafe-9- on the environment, the
surrounding neighborhood and nearby farm operations. g
its dcl_b-_ c a:en. In no case shall the use of entitlement
transfers be used to increase the potential residential
density in the Agricultural or Agricultural/Residential Zones.
If a new road is proposed or required to serve a group of
lots, a plat will be required and the road must be accepted by
the Township Board.
Page 80
The Clearwater River was mistakenly omitted from the list of rivers
for shore l and designation.
River Classification
North Fork of the Crow River Transition
South Fork of the Crow River Agriculture
Crow River (main stem) Agriculture
Clearwater River Agriculture
9
Page 94
The Wild and Scenic District list of setback standards is confusing
because it refers to other parts of the ordinance. It is proposed
to list the setbacks here instead and re -organize section 613.5(2).
(2) Setback Reauirements:
(Also Apply to tributaries designated in NR -2400)
Building setbacks I.
from ordinary high water mark - 100'
Ba' from bluffline - X30'
from side yard -30 feet for principal use and accessory
uses over 800 square feet
-10 feet for other accessory uses
from roads- County or State Highway -130 ft. centerline
Township or other Road- 65 ft. centerline
from rear yard (non -riparian)- 50 feet
On-site sewage treatment system setback from ordinary high
water mark - 75'
Maximum structure height - 35'
Controlled vegetative cutting area setback from ordinary high
water mark - 100'
GR all
L_ L ... L lse L i
se -h t�,. ���`-^r�� i'i -`t i �i"r� c: .s: stgF_`t ; 7 _ .r_
Gn site --s-ewage�EL-ear:,;.qent syst-em –eekfi-e
;51
n L L : L_
.w —r ... r✓ . _—e
ffl-
1 I
No structure shall be placed on any slope greater than 13°r (13
feet vertical rise in 100 feet horizontal distance) unless
such structure can be screened and sewage disposal system
facilities can be installed.
No structures shall be placed in any floodway. Structures
proposed within a floodplain shall be consistent with the
Flood Plain District of this Ordinance.
—e t -h e!.- sethaes : shall '� l h e the e -
^1 T_ 1 Lep4E L 1 T
- . _ rr `.. L.=�..r �/fir- a..� E-- v
ur;awe- v a .r r---wr-- �..--�r \r _eet r _ ...✓ . .
For substandard lots of record, all tithe–setback standards
a=te- may be reduced to coincide with the sameas' 4 --c..
t2hre Urban/Rural Transition (R-1) district (Section 605.5).
10
Page 105
There are some conflicts within the ordinance regarding outdoor storage
and junk between sections 702 Exterior Storage, 703 Refuse and 724.3
Miscellaneous Nuisances. The following changes attempt to clarify and
modernize those sections.
702. EXTERIOR STORAGE
In residential districts, all materials and equipment shall be stored
within a building or fully screened so as not to be visible from
adjoining properties, except for the following: laundry drying and
recreational equipment, construction and landscaping materials and
equipment currently (within a period of thirty-six (36) hours) being used
on the premises, agricultural equipment and materials if these are used
or intended for use on the premises, off-street parking of licensed and
operable passenger automobiles and pick-up trucks. Personal boats and
unoccupied trailers less than twenty (20) feet in length and a licensed
recreational vehicle less than 40 feet in length, are permissible if
stored in the rear yard more than ten (10) feet from the property line.
Existing uses shall comply with this provision within twelve (12) months
following enactment of this Ordinance.
In all districts, the County Board may require a Conditional Use Permit
for any exterior storage if it is demonstrated that such storage is a
hazard to the public health, safety, convenience, morals, or has a
depreciating effect upon nearby property values, or impairs scenic views,
�r constitutes threat to living amenities.
703. REFUSE
In all districts, all waste material, debris, refuse, or garbage shall be
kept in an enclosed building or properly contained in a closed container
designed for such purposes. The owner of vacant land shall be
responsible for keeping such land free of refuse. Existing uses shall
comply with this provision within six (6) months following enactment of
this Ordinance.
Except as provided below or specifically permitted, outdoor storage of
inoperative or unlicensed vehicles, boats, recreational vehicles, farm
implements and other machinery or vehicle parts shall be considered
refuse. One unlicensed or inoperative passenger vehicles and or trucks
an I _';e --eta may shall n be parked 4rr within setbacks in the
rear yard of any residential districts or any lot ten acres or less in
size for a period not to exceed eme_ thirty (30) days; inoperative
shall mean incapable of movement under their own power and in need of
repairs or junk yard. In the Agricultural District, on lots larger than
ten acres in size, exterior storage of not more than five (5) unlicensed
or inoperable vehicles or machines shall be permitted provided no repair
or dismantling business takes place and the storage area is completely
screened and not visible from any other property or public road at all
Mmes of the year. All exterior storage not included as a permitted
:cessory use, a permitted use, or included as part of a conditional use
&ermit, or otherwise permitted by provisions of this Ordinance shall be
considered as refuse.
11
Page 106
The last paragraph in section 704 Screening and Fences needs to be
clarified for visual barriers in shoreland areas.
Fences which impede visual sight lines in anyway shall not encroach
closer to any shoreline than the principal building tipen a S4--e!=e!--REi
setback. Electrified or barbed fences shall be prohibited in residential
districts. Swimming pools with a capacity exceeding 5000 gallons shall
be surrounded by a fence at least four (4) feet in height with a
self --latching gate.
Page 117
The section dealing with animals needs to be updated and clarified.
714.2 Livestock and Animals
(1) In all Zoning the—nom � R -2, R 9, nG I, G 2, " 9 and --W Districts,
livestock, poultry and farm animals shall not be allowed on any lots
or parcels smaller than 4 acres. On lots larger than 4 acres in
theee the R-1, R-2, R -2(a), R-3, S-1, S-2, S-3 and W districts,
animals shall be allowed at a maxi= m density of 1/2 animal unit per
acre. These restrictions shall not apply to ___ normal farm
operations existing prior to the adoption of this ordinance.
Livestock shall include those animals listed in Section 302(3)b
except for dogs and rabbits as domestic pets.
(2) In the A/R and AG R 2 �,a) and �"_eeaTe, t. Districts on parcels over
4 acres in size, animals and the permitted animal density shall be
governed by any applicable Minnesota Pollution Control Agency
Regulations.
(3) Any building in which livestock are kept shall be a distance of one
hundred (100) feet or more from any etthe=zes-A:dent=a! occupied lot
or parcel which is less than four acres in size, or fifty (50) feet
from any other parcel - e -h; = =aa --m. Any feedlot (open or roofed
enclosure, not to include pastures) in which animals are kept shall
be a distance of two hundred (200) feet or more from any emsp4:ed
Lce-s- t':a let- property line. These regulations shall not apply to
normal farm operations which existed prior to the adoption
of this ordinance provided no expansion shall take place except in
accord with these regulations.
(4 ) In all rem dentaa aL-ea� Districts, the manure from livestock and
domestic pets shall be properly treated and disposed, and not
allowed to accumulate in any manner which may cause odor or health
problems.
(5) The County Board may order the owner of any animals to apply for a
conditional use permit if it is deemed to be in the interest of the
public health, safety or welfare.
6) Keeping four (4) or more dogs on any parcel for any reason shall be
deemed a kennel. Kennels are permitted by Conditional Use in the Ag
and A/R Districts only.
12
Page 118
Due to the changes in section 703 Refuse, it is necessary to add the
following wording to section 714.3 (1) Miscellaneous Nuisances.
(1) It shall be unlawful for any person to store or keep any vehicle of
a type requiring a license to operate on the public highway, but,
without a current license attached thereto, whether such vehicle be
dismantled or not, outside of an enclosed building in residential or
agricultural districts except as provide in Section 703 Refuse.
Page 123
The Township Officers Sewer Committee Iasi year recommended the following
change to the sewer regulations. After the County gains some experience.
with the "Point -of -Sale" sewer ordinance, more extensive changes to the
sewer regulations may be made in the future. This change deals with the
distance between the sewer and the seasonal water table, and will lessen
.the need for a mound system in some cases.
716.3 (3) In areas of shallow ground water, the depth of the water table
shall be determined. No soil absorption system shall be
installed in an area where the water table is at any time less
than fetiL--�4) three (3) feet below the bottom of the drainfield
trench...
age 125
Jue to the change in the definition of travel trailer, and the advent of
motor homes, the following changes are needed for Section 717.
717. DWELLING UNITS PROHIBITED
No garage, tent, trailer, motor home, et- accessory building, nor any
vehicle or building not specifically approved by the Building Inspector
shall at anytime be used as a dwelling. The basement portion of finished
home or apartment may be used for normal eating and sleeping purposes
provided it is properly damp -proofed, has suitable fire protection and
exits, and is otherwise approved by the Building Inspector.
One travel trailere_ or motor home (not to include mobile homes nor park
trailers) is aaFe permitted for seasonal use on any lot provided that the
following conditions are met:
(1) Only one such unit taFa--i-e_—ti-ai:I� is allowed per lot.
(2) Sewage must be properly treated or hauled away. On lots which have
been declared by the Board of Adjustment to be unacceptable as a
building site, the unit shall have a self -contained holding tank and
sewage shall be hauled away for treatment and disposal.
(3) The travel trailer is for guests or recreational use only. It may
not be occupied on any lot for more than 90 days in any one year.
(4) Theai_cr unit must have a current license attached in
accord with state law.
5 ) Placement of the unit shall comply with all setback requirements for
a principal structure.
13
Page 126
Section 720 Permitted Encroachments needs to be updated and changed to
comply with the rest of the ordinance. The section is ouite old and
appears to have been copied from a city ordinance.
720. PERMITTED ENCROA=1 ENTS
The following shall be considered as permitted encroachments on setback
and height requirements except as hereine t== provided:
(1) In any yard: Posts, off-street open parking spaces, flues. b
ee:��se; leaders, sills, pilasters, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open
canopies, steps, chimneys, flag poles, ornamental features, epees.
€tee—es-eepes, s dewal_a, and fences, and all other similar devices
incidental and appurtenant to the principal structure except as
restricted elsewhere hereine•=��r
(2 ) In side and rear yards: Bays not to exceed a depth of three (3 )
feet or contain an area of more than thirty (30) square feet, fire
escape not to exceed a width of three (3) feet. n =ee t ;Sr
i4C 69-V :de'a3 Seld 15a i eeny :eS---de Ret eMten.d e-fei- eI _ .
Breezeways, detached outdoor picnic shelters, open arbors, and
trellises, and d _ __ a�deeE __ -._ i-eefas may extend to within
five (5) feet of a side or rear lot line except that no structure
shall exceed five hundred (500) square feet. Covered porches may
extend twenty (20) feet into the rear yard but not closer than ten
(10 ) feet from the rear lot line, and must meet shoreland standards.
(3) Height limitations shall not apply to barns, silos, and other non-
residential farm structures en. _. ; to church spires, belfries,
cupolas and domes; monuments; chimneys and smokestacks; flag poles,
public utility facilities; transmission towers of commercial and
private radio broadcasting station; television antenna, private ham
radio towers and parapet walls extending not more than four (4) feet
above the limiting height of the building except as provided in
municipal airport zoning provisions.
(4) In no event shall off-street parking space, structures of any type,
buildings, or other features cover more than ae;ventyf i I ; fifty
(50) percent of the lot area resulting in less than fi-xe;
fifty (50) percent landscaped area in Residential Districts.
Page 127
Section 72.1. 7 regarding driveway setbacks is missing the word shoreland,
and does not make sense without i t .
721.7 Roads, driveways, and parking areas must meet shoreland structure
setbacks and must not be placed within bluff and shore impact zones,
when other reasonable and feasible placement alternatives exist. If
no alternatives exist, they may be placed within these areas, and
must be designed to minimize adverse impacts.
14
Page 135
The section on essential services appears to be a very strong reaction to
the power Zine controversy from the 1970's. while it contains some good
points, it is also somewhat burdensome, and has not been consistently
enforced, especially for natural gas lines. The following changes are
proposed to modernize the section and make it easier and more practical
to administer.
725. ESSENTIAL SERVICES
725.1 Permit Required
Since essential services, as defined by this Ordinance, may have an
effect upon urbanizing areas of the County, and the County Parks and
Recreation areas, the location, design and relevant information shall be.
filed with the Zoning Administrator, for review by the Planning
Commission and the County Board of Commissioners for approval and
issuance of a utility permit as regulated herein, prior to commencement
.of any construction by the applicant. Lines which lie within or legally
abutting public road rights-of-way or within pre-existing easements for
their entire length shall be exempt from this requirement provided all
necessary permits are obtained from the road authority and all state and
federal requirements are met. "As -built" plans for such lines which
specify the location must be filed with the County Surveyor in a format
specified by the Surveyor.
Essential services as treated herein shall refer to trunk transmission
ollection or distribution lines and excepting lateral or house lines.
L
ed se
L f
an _
se
__...r__ _ __ _en ;4nes shall ed
as ne-�=- ce adi=eEsely af f e ewthe—e eenefnrea l ep ei=at�6en ef :T:=_
ep eLaaea:n gf9s yelatediatia-:neset!-F-�:-ty. .
Whet -e '-epe:red=s: ir- Tv::; eel z ee len ei' !_:nes -_.
l e a a�ee.3 _:fie X-T�-er$e-3' l e e d---zT! a A:=s94:sti a_ e ,-Rem==a :_ e na
in h r --- = e e� ��i�.rF$'_-e 9-r^Qsr� lc8�=-1 en e3E
ers_..il-eta? se--i4ee e =
be LL
e_ r, v rtee _-r shall presented v __ r _
t !99) days L
_�—get ;9e }in$4:qh �� sw eT—' h l e , 91
L
r T L I"1
L
Bea -a -d Riay a Eaeh 4es�:gn emsteEia, de-,Felepment st-andaEds
. , L
L� L\M G L
eL-
aeee and
15
725.? -2 Annlication Procedures
The following application procedure shall be observed:
(1) Applicant shall file with the Zoning Administrator such maps
indicating the location, alignment, and type of service proposed as
shall be i-eq-des4e-ed necessary to determine the potential impacts of
the line(s).
(2) The Essential Service permit then shall be treated as a Conditional
Use Permit and the applicant shall be responsible to comply with all
terms of this ordinance applicable to such permits.
-, r L
p-reperal befeaFe-zhe Ge;antiy Plannung ----mis----- rer -e --.. ---
\ ,
shall iFepert r• L L
p iep e s edessse=�al s e - - - - - -- - -- - --
\
The
G /1 shell lndieate L Lhe
L
ea=-e%-9--mssideYed dea-6L-able—ttnde=chi:9 GEdi:-ranee.
\ LL n n L
pL- e pe e3�rdh e-p-!i�ant� has pi -e -odd --all lrr€� -i-e•� aehe _
LL L
L - r r • -_- L rr
_r
and
v ._ s. -1-1 r _-q ✓ h r -_ ✓ r i r r.
r
' G }— Where _ .. :t_-' -e-_--P_e- tra--erseine) 9L Ftere=es-arztedee=_—g
as L - L
pe—. -4: -
shall ber_e.y�:ai:ter.t-
72 _ 9 rS
Ne T, L T L• • L shal-I be granted by Lhe L
1\ T L T 1 teeL L
he 'dee a
--J �en4a ef ether r _._the _. _ _ ._ r r he
L LneL- 1
4i:-nin�:qh and
1 T L neiefL L
.. _ andr r d r _ _ _r _ - r r r r _r_
r
_-..-_r_L _
_ .. .. a1 ........rrr_......_......_ .. r __r _ _ - ..✓ -`.- ...a_.
and edb!:i:e L L
-:n ne ease she;:!sttehr _ heeeet ..
Ile
72S.8 n i .
L
een'd et -e -d 4: eenfe3`�tiy—�Vi`h- Eh � of ss*eh pe-_=mit afn-sof ant'
een di:tEi:eTde s rgnaieed in-eeth-teeti:ems ewi th.
ejrR+_E—!4ea2Fi:-ntF-,--`C3'.e--Cer`_-'1 nl a-------iiift2�5$sE'ir5izzr� —�c-=
Lhin L L
L
725.443 Time Limit
Essential Service Utility Permits shall be valid for QST two (2)
years unless otherwise specified and all conditions in an Essential
Service Utility Permit shall be commenced within ene-4'two (2) years
and shall be completed4red with within one (1) more year unless otherwise
specified.
.725.4 Pipeline Safety
Where any construction or development -is proposed adjacent to a pipeline
as defined in Minn.Stat. 299J.05, said project shall comply with all
provisions for pipeline safety and setback standards as specified in
Minn.Stat-. 299J.05
Page 147
3ecause there are now two kinds of land alteration permits required by
tate shoreland regulations, it: is necessary to clarify which ones
require a hearing and which do not.
728. LAND ALTERATIONS
728.1 Permit RecTuired
(1) A Land Alteration Permit shall be required in all cases where
excavation, grading and/or filling of any land within the county
would result in a substantial alteration of existing ground contour
or would change existing drainage or would cause flooding or erosion
or would deprive an adjoining property owner of lateral support and
would remove or destroy the present ground cover resulting in less
beneficial cover for present and proposed development, uses and
enjoyment of any property in the County.
(2) Substantial alteration shall be defined as the extraction, grading,
or filling of land involving movement of earth and materials in
excess of fifty (50) cubic yards in the Shorelands Districts and in
excess of five hundred (500) cubic yards in all other districts
except drain tiles and ditch cleaning in agricultural areas. Such
substantial alteration shall require a conditional use permit.
The creation of wildlife ponds, pollution control structures, and
erosion control structures shall not require a 1::aREI=�ticn
ne== w conditional use permit, provided that said construction is
approved by an official of the Soil GeRse= en and water
Conservation District and abides by all other applicable rules,
regulations and ordinances.
17
(3) The extraction, grading, or filling of land involving the movement
of earth and materials in excess of ten (10) cubic yards withir.
shore, bluff impact zones, or steep slopes in shoreland areas shall
require an Administrative Permit but not a conditional use permit.
Page 153
The following changes are proposed to parts of Section 601.1 Violations
in order to update and clarify i t .
(3) Any person, firm, corporation or other entity who shall violate any
of the provisions hereof or who shall fail to comply with any of the
provisions hereof or who shall make any false statement in any
document required to be submitted under the provisions hereof, shall
be guilty of a misdemeanor and upon conviction thereof, shall be
punished by a fine eeta ;Es-eMeeed£4:-,—IychadaFed Ele- l,ra and/or
by imprisonment net ee-emeeed ni-net-y �9G-Elays- ��n jai::!-eaF bet: -h as
set forth in Minn.Stat. 609.03. Each day that a violation continues
shall constitute a separate offense.
(4) Any person, firm, corporation or other entity who aids, abets,
counsels or assists another in the commission of any of the acts
prescribed in (3), whether acting as an employee, servant, agent or
otherwise, shall be guilty of a misdemeanor. Any property avAmer who
permits any person, firm, corporation or other entity to commit any
of the acts prescribed in (3) shall be guilty of a misdemeanor.
18
-0
. >b
-mccs. y I a a> I „vo.ro V.w
HakansonNORTN �G�D PROPERTY IDENTIFICATION NUMBER
'I /ArAerson�55QC�II1l. PLAT NUMBER COSY S — 40
P.Lo. /o..1n10 ADDRESS MAP
;5 a,_,� CITY OF OTSEGO, WRIGHT COUNTti'
_ __ •. '��
'_1NN HARTLEY
David Licht and Elaine Beatty met with Roger Marx at the Staff Meeting 8-10-9
regarding a split of his land the long way. He wanted to bring this to the
Council to see if they forgee any problems with this.
A Memo from NAC will be ing on this matter. Elaine Beat
C1_.imz.
HAKANSON ANDERSON ASSOC INC I JULY SERVICES,GEN.PRIVATE,STORM DIS 08/10/95 355 24,360.27
JULY RECYCLING
OS;10/9.
046
vi G' i iUCI JO! / 5 0
F 1
6JJODL--4 ,'E SANITATION SERVICE
FEST DISPOSAL SERVICE
CLAIM
TOTAL
847
FOP! l•Ji1
5 x;41
1,,IPC.00
TC t•;1I�r' ;IC
.EDO ABC', £. EIiCI,
FINAL 1994 AUDI? CHARGE
r
08:'1G!9,• ?42
106 TIC
c .-n
�,FFORUABL� tdITATION
AUGUST TOILET RENTAL
C,,, 1 .;43
•�.��
REPAIR
PHONE 5 RV CE ,ADM .
1 ,015 .56
AT & T
ECM PUBLISHING
HAKANSON ANDERSON ASSOC INC I JULY SERVICES,GEN.PRIVATE,STORM DIS 08/10/95 355 24,360.27
JULY RECYCLING
OS;10/9.
046
7 S0
6JJODL--4 ,'E SANITATION SERVICE
FEST DISPOSAL SERVICE
AUGUST RECYCLING
O�/10l9r
847
1.13.00
3
=ORROL TRUCKING
JULY RECYCLING
;
o. '=
DJ'S TOTAL HOME CENTER
IMBER BARS & SUPPLIES
OF TRUCK,LABOR & FREEON
03/10!95
08 5
849
849
55,00
DUANE'= REPAIR
REPAIR
'50
1 ,015 .56
ECM PUBLISHERS INC
ECM PUBLISHING
HAKANSON ANDERSON ASSOC INC I JULY SERVICES,GEN.PRIVATE,STORM DIS 08/10/95 355 24,360.27
FIRE CONTRACT
03/10!`3 351
35.661 •C'1
�.
_ IT%,' OF ELF, RIVEF'
STR L �, 5 H
/95 Som
�o:.41
ELF; RIVER MUNICIPAL UTILITZES
993. 9
GAS-MAINT ,OLU
FEDERAL WARNING SYSTEMS
C7,'eU
r�INNEGASCO
DECODER ,AN NNA,CA L & Nt
', 088!10/10/95 854
2 0 0 0 _5
2 .53
o & K TEXTILE LEASING SYSTEMS
JULY UNIFORMS,TOWELS,MATS
HAKANSON ANDERSON ASSOC INC I JULY SERVICES,GEN.PRIVATE,STORM DIS 08/10/95 355 24,360.27
NORTHWEST AS>=.00IATED CONSULTANTS JULY PLANNING,PRIYATE,PUBLIC,ANNETURN LAMPY. 08.'10"'r hl 4„_6F•91
03i 1"'!9E o6� 1 � • �
r;APA OF ELF, RIVER INC Of%10:"?5 653 '&.40
OFFICE OF THE SECRETARY OF STATE BUSINESS NAMES -CORPORATION
PAMIDA INC CLEANING SUPPLIE �= X64 10.61
PIPE CAP ,PLUG
WATER
JULY & AUGUST
& BRUSHES
RECYCLING,GARBAGE
U'�.'1C'' •3-' c,
Or, •1 _. 'r�E.
`.0 " 0 int, fir,
=
Claims List f_•r
L O
CLAIM
T -!T.2", L
,DZWILL L,,W OFFIC
JULY SERVICES,GEN.PRIVATE
H l.. = R'V r.
RUM RIVER. CONST CO
DIGOUTS,OVERLAYS, CULVERT PATCHES
of . ,
08/10/95
ouo
867
-t -
6,700.00
SOFTRONICS
CABLE FOR LAPTOP'
08/10/95
868
08
vo; U. >.
_.5. WEST COMMUNICATIONS
SERVICE,CITY HALL,GARAGE,PARKS
08/10/95
870
411.48
VEIT & CO --DUMPING
CHARGE
08/10/95
871
25.00
H G WEBER OIL COMPANY -
FUEL
08/10!95
872
516.40
v r, u r i L U U r r; l
WRIGHT-HENNEPIN CO-OP ELECTRIC ASSN
CULVERT
STREET LIGHTS, WELL,CITY HALL/SHED
08/10.'95
874
o"E••78
SWITCH FREIGHT
08/10/95
875
34.14
IEGLER INC
TC EMPLOYEES RETIREMENT FUND
.&
MONTHLY EMPLOYEE/EMPLOYER SHARE
08/10/95
876
108.00
_,r,,,. OF ELF: RIVER
FED.WITH,FICA,EMPLOYER/EMPLOYEE
08/10/95
877
632.91
U O
J.O
3_L H
OFFICE OF THE SECRETARY OF STATE
'LISTING OF ASSUMED NAMES
08/10/95
879
29.75
1,608.70
PREPAY HEALTH INS.FOR APPLICATION
08/10/95
880
MEDICA
=7777) r
MILEAGE,HOTEL,PARKING-CONFERENCE
Oo.'10,.'9S
882
11 1
=LINE 2E�TT'i
71M
MILEAGE THROUGH 8/1/95
OE:'10,'9�
88�
4'-'.00
ENG
n I �-HPITAL 1.
-ANK OF ELK RIVER
FED.WITH,FICA—EMPLOYEE/EMPLOYER
08/10/95
886
2,�c�:.li
'IINNESOTHDEPT. OF TRANSPORATION
REFUND OF OVERPAYMENT
08/10/95
887
7,44?.50
c't,R IC EMPLOYEES RETIREMENT FUND
PAY PERIOD 7/29/95
OB.'IG,"'`'
888
For the perlo n
CLAIM TOTAL
UFt P4ilLl"--
CMA, RETIREMENT TRUST DEFERRED COMP DEDUCTION 00/10/95 839 000.00
TOTAL FOP: MONTH 10" 2lC- - 36
TOTAL YEAR TO DATE 34-2,727.2-2