Loading...
08-26-97 CCCITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 5. CONSENT AGENDA (Non -controversial items:)(Elaine) August 26, 1997 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 5.1. Consider Resolution Re: Support of Superior Landfill BACKGROUND: At the Council Meeting of 8/11/97 we had a Special Presentation from Superior Landfill Mr. Rod McGillivary. He asked the Council to support a resolution he provided. The Council asked that this be on the August 26, 1997 - 6:30PI Agenda. See attached resolution for Council consideration. RECOMMENDATION: This is for Council information and consideration. Than Laine RESOLUTION WHEREAS, on , 1997, the City of ("City") met to consider issuing a resolution in support of Superior FCR Landfill, Inc. ("Superior") in its effort to secure a conditional use permit for the continuation of a business which provides a positive environmental impact to the citizens and businesses of Wright County. WHEREAS, the County Board of Commissioners of Wright County issued an Interim Ordinance on or about November 6, 1996, which, among other things, established an interim moratorium for land uses in the agricultural zoning district (the "Moratorium"). Said Moratorium precluded the construction or expansion of any landfill and any solid waste processing or management facility. WHEREAS, the City desires to protect the public health, safety, and welfare of its citizenry by assuring adequate solid waste disposal capacity without interruption or incurring undue delay or expense. NOW THEREFORE, THE CITY HEREBY RESOLVES: 1. To support the continuation of landfills as an accepted Conditional Use of agricluture zoned lands in Wright County as provided in the current Wright County Zoning Ordinance. 2. To strongly encourage the County Board of Commissioners of Wright County to exercise its right to lift or otherwise modify the Moratorium so as to allow Superior to proceed with expansion and expeditiously issue a conditional use permit to so expand said sanitary landfill. 3. Forthwith to communicate this resolution to the County Board of Commissioners of Wright County and Superior. APPROVED BY THE CITY on this the Day of Name: Title: Name: Title: 1997. �7,5_1 '6� CONTRACT MiREE ENT CONTRACT DATE: August 21, 1997 CONTRACT PARTY: City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 CONTRACTOR: CCS Concrete & Masonry, Inc. 6345 Cedar Avenue South Richfield, MN 55423 PH: 612/798-0588 FAX: 612/798-0589 PROJECT: Step Replacement - Head Start Building COMMENCEMENT DATE: On or about 9/2/97 COMPLETION DATE: On or about 9/9/97 CONTRACT SCOPE OF WORK 1. Demolish, remove, and properly dispose of existing front steps. 2. Construct new foundation -footings and block as required. Construct sides of new steps with block as required. Install new concrete steps to match existing size. 5. Install concrete cap on sidewalls. 6. Install new T wide X 5' concrete landing at bottom of stairs. 7. Reset existing handrail in center only. WORK DOES NOT INCLUDE STUCCO/ PLASTER FINISH. CITY OF OTSEGO TO CONTRACT THIS WORK WITH OTHERS. CONTRACT AMOUNT: $9,850.00 Nine Thousand Eight Hundred Fifty Dollars. PAYMENT TERMS: Work will be invoiced upon completion, full payment due within 10 days of invoice date. ACCEPTANCE: ,,,- :)/ 1 TE CCS CONCRE & MASONRY, INC. BY E2 1 � TITL DATE August 21, 1997 City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: Step Replacement -.:Head Start Building Gentlemen, 1+ t AUG 2 5 !997 CCS Concrete & Masonry, Inc. has been awarded the concrete work for the above _ referenced job. We ask you please sign the attached agreement outlining the work and . payment terms and fax back to us at your conveyance. We must have a signed agreement prior to commencing work. We will forward a certificate of insurance to you in the near future. Per our discussions with Dave Chase, we will start the project on or about 9/2/97..,.We look forward to working with you. Sincerely, Jeff Dorner \prop97\97081.doc 6345 Cedar Avenue South Richfield, fv1N, 55423 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 4. OPEN FORUM: (5 Min Limit) (Elaine) August 26, 1997 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 4.1. Special Presentation by Mike Emberton, Allied American Mortgage of Brooklyn Center, Inc., 19230 Evans St, Suite 100, Elk River, Mn. 55330 regarding development of Don Greninger's Land (See Attached Letter) BACKGROUND: Mike Emberton has appeared before the Council previously re: Development of Don Greningers land. He was asked to come back with a proposal with sewer and water. Attached is a letter from Mike Emberton. Mike Emberton will be at this Council Meeting to answer any questions. Attached also is a letter from Andy MacArthur regarding this issue. RECOMMENDATION: This is for Council information and consideration. Thant , Laine Z0 ' d lbiol .x"�1J�l:1l�l�l.! sil�lltl�,Lt llC�.r4.1LQ1 �Lt�Uiif''S%�I�C�' of Brooklyn Center, Inc. 9/18/97 City of Otsego Re: Otsego Land Development - Don Greninger Property Dear Council Members, Having recently met with the staff', Elaine suggested X put a letter together covering the topics we discussed so that the City Council would have a chance to review them. I will try to cover the concerns by the council members as follows: 1) Contacted Riverwood on two occasions - received no response on their interest on hooking up to sewer and water. 2) Sewer Expansion - We will dedicate additional land if and when the city wishes to expand the on-site facility. 3) Sewer Treatment Facility Ownership - We will build and deliver to the city the facility after we have recovered our costs of construction from a percentage of lot sales based on an even distribution, cost - to - lot ratio. 4) Plan Community Concept - Business/Light Commercial on 39, multi family on Kadler and single family on 3/8 acre. Z look forward to the opportunity to discuss this plan with you at the next council meeting. Sinceby, Zlel V President 6500 Brooklyn Blvd., #203, Brooklyn Center, MN 55429 Phone (612) 566-6500 Fax (612) 566-1705 ZOIE0'd Ob6L. Tt7E ZT9 ONI09 3Oti01bOW Q3111U ZZ:20 L66i-6Z-ond William S. Radzwill Andrew J. MacArthur Michael C. Court Megan M. McDonald March 17, 1997 RA.DZWILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) Mr. Michael Emberton Allied Mortgage of Brooklyn Center, Inc. 19230 Evans Street Elk River, MN 55331 RE: Greninger Property Rezoning And Comprehensive Plan Amendment Dear Mr. Emberton: As you may recall, at the regularly scheduled council meeting on February 24, 1997 you requested on behalf of your clients, Don and Phyllis Greninger, that Otsego City Council consideration of the above entitled matter be tabled until such time as you could return with a -plan for providing -sewer service to the area under consideration. In making that request, you reconfirmed orally on the record waiver of any claim of approval pursuant to Minn. Stat. 15.99 within 60 or 120 days from the date of application. You voluntarily requested that the City table any action on this matter indefinitely so that you can present a plan for the provision of sewer services to the proposed subdivision. You also agreed to provide proof of that waiver in writing. Could you please sign the original Acknowledgment And Confirmation Of Waiver and return it to this office in order to fulfill that requirement. Could you please contact the City when you are ready to have this matter placed back on the City Council agenda. Vely yours, drew Mac ur RADZW COURI cc: Bob Kirmis, NAC -City of Otsego Donald and Phyllis Greninger CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 4. OPEN FORUM: (5 Min Limit) (Elaine) August 26, 1997 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 4.2. Harlan Rask - Discussion of Otsego Cemetery and "Association" with the Mayor and Council. BACKGROUND: At the last two regular council meetings we have discussed the Otsego Cemetery and Cemetery Association. The Council asked at August 11, 1997 that I contact Harlan Rask and ask him to attend a Council Meeting to be able to give the Council information on the Otsego Cemetery Association. Harlan Rask will be here to answer your questions and give any information he has. RECOMMENDATION: This is for Council information and consideration. Th nks, Elaine CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 6. BOB KIRMIS, ASST. CITY PLANNER (Elaine) August 26, 1997 6:302M ITEM NUMBER: ITEM DESCRIPTION: 6.1. Consider Dwight and Marion McKinzie, PID #118-033-002090, Lot 9, Block 2 Vasseur's 2ND Addition request is as follows: A. CUP to allow more than one detached accessory building in R-3 Residential (Imm. Urban Serv. Area) BACKGROUND: This item came before the Planning Commission for Hearing on August 6, 1997. Attached is a copy of the minutes for your review. After Hearing and much discussion the following was motioned: ING ROSKAFT MOTIONED TO GRANT THE APPLICANTS REQUEST, OPTION B, SUBJECT TO THE CONDITIONS OF NAC'S REPORT. ARLEEN NAGEL SECONDED. - MORE DISCUSSION. RICHARD NICHOLS RECOMMENDED AN AMENDMENT TO THE CURRENT MOTION TO DELETE THAT PORTION REQUIRING THE SMALLER OF THE EXISTING POLE STRUCTURE TORN DOWN AS A REQUIREMENT OF THE CUP. SECONDED BY BRUCE RASK. - MORE DISCUSSION MOTION AS AMENDED PASSED WITH RICHARD NICHOLS, BRUCE RASK, CARL SWENSON AND ARLEEN NAGEL VOTING IN FAVOR. EUGENE GOENNER OPPOSED THE AMENDMENT. MOTION PASSED FIVE TO ONE (5 to 1). Attached is the Findings of Fact from NAC of August 8, 1997. RECOMMENDATION: This is for Council decision Th ks laine NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 8 August 1997 RE: Otsego - McKenzie CUP FILE NO: 176.02 - 97.13 Attached please find a findings of fact applicable to the McKenzie conditional use permit request. Please note that the findings reflect the Planning Commission's recommendation. This item is scheduled for City Council consideration on 26 August. PC.. Elaine Beatty Kevin Kielb Andy MacArthur 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: CONDITIONAL USE PERMIT APPROVAL FINDINGS OF FACT AND DECISION Application of Dwight and Marion McKenzie for a conditional use permit to allow construction of more than one detached accessory building in association with a detached single family residential use. On 26 August 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Dwight and Marion McKenzie for the aforementioned conditional use permit. Based on the application, the recommendation of the Planning Commission, and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicants are requesting a conditional use permit to allow the construction of more than one detached accessory building in association with a detached single family residential use. 2. The subject property is zoned R-3, Residential -Immediate Urban Service Area. 3. The subject property lies within the City's Immediate Urban Service Area, as illustrated in Otsego's duly adopted Comprehensive Plan. 4. The legal description of the property is as follows: Lot 9, Block 2, Vasseurs Oak Grove Estates, City of Otsego, Wright County, Minnesota 5. Section 20-4-2.17 of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed use of the subject property will be compatible with adjacent properties. As such, the use is consistent with the intent of the Comprehensive Plan and the property's R-3 zoning designation. b. The proposed use's compatibility with present and future land uses of the area. The proposed accessory storage building (garage) will be compatible with present and future uses in the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). The proposed use will conform to all applicable performance standards. d. The proposed use's effect on the area in which it is proposed. The proposed use will not tend to or have an adverse effect upon the area in which it is proposed. e. The proposed use's impact upon the property values of the area in which it is proposed. While no detailed study has been conducted, similar situations dictate that the proposed use will not tend to depreciate area property values. f. Traffic generated by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of Odell Avenue which serves the property. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The proposed use can be accommodated by existing public service facilities and will not over burden the community's service capacity. 6. The planning report dated 29 July 1997, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 2 7. On 6 August 1997, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicants' request for a conditional use permit to allow more than one detached accessory building in association with a detached single family residential use is approved in its present form and subject to the following stipulations: 1. The proposed accessory building be constructed and existing accessory buildings be retained in accordance with either development Option A or Option B, as described in the Northwest Associated Consultants, Inc. planning report dated 29 July 1997. 2. A building elevation of the proposed accessory structure is submitted which specifies structure height. The proposed structure shall be required to comply with applicable height requirements. 3. The proposed accessory structure is not to be utilized for home occupation, commercial related activities, or the keeping of animals. 4. The proposed accessory structure match the principal building in color. 5. The City Engineer provide comment/recommendation in regard to drainage and utility easement establishment. 6. The driveway be constructed of asphalt, as shown on the site plan. ADOPTED by the Otsego City Council this 26th day of August 1997. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Elaine Beatty, City Clerk/Zoning Administrator 0 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 6. BOB KIRNIIS, ASST. CITY PLANNER (Elaine) August 26, 1997 6:302M ITEM NUMBER: ITEM DESCRIPTION: 6.2. Consider John Daniels, Lot 2, Block 2, Otsego Industrial Park PID #118-1320002020 request as follows: A. Consider a Zoning Text Amendment to allow: a. Limited accessory storage and lease of truck trailers as Conditional Use in an I-2 (Gen. Ind. Dist.) B. Consider a Conditional Use Permit to allow: a. Limited accessory storage and lease of truck trailers in an I-2 (Gen. Ind. Dist.) b. Truck wash and service in an I-2 (Gen. Ind. Dist.) C. Consider a Variance to the Otsego Sign Ordinance to allow: a. Variance from the max. 100 sq ft business identification sign requirements (Sign of 400 sq ft) BACKGROUND: This item came before the Planning Commission for Hearing on August 6, 1997. Attached is a copy of the minutes for your review. After Hearing and much discussion the following was motioned: Item A: ING ROSKAFT MOTIONED TO RECOMMEND APPROVAL OF THE DRAFT ORDINANCE AMENDMENT. SECONDED BY BRUCE RASK. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY Item B: EUGENE GOENNER MOTIONED TO APPROVE CONDITIONAL USE PERMIT SUBJECT TO THE 20 CONDITIONS LISTED IN NAC'S REPORT. ING ROSKAFT SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Item C: RICHARD NICHOLS MOTIONED TO DENY THE VARIANCE REQUEST BY LONG HAUL TRUCKING. SECONDED BY ING ROSKAFT. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. RICHARD NICHOLS MOTIONED THAT THE PLANNING COMMISSION RECOMMEND THAT THE CITY COUNCIL GIVE THE PLANNING COMMISSION DIRECTION TO REVIEW THE CITY OF OTSEGO'S SIGN ORDINANCES. SECONDED BY LNG ROSKAFT. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Attached is the Findings of Fact from NAC of August 12, 1997. RECOMMENDATION: This is for Council decision Thanks, NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 12 August 1997 RE: Otsego - Long Haul Trucking FILE N0: 176.02 - 97.11 Attached please find the following items pertaining to the Long Haul Trucking request: 1. Findings of Fact - Conditional Use Permit Approval 2. Findings of Fact - Sign Variance Denial Please note that the preceding findings reflect the Planning Commission's recommendation on the requests. This matter is scheduled for City Council consideration on 26 August. PC- Elaine Beatty Andy MacArthur Kevin Kielb 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637 CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application has been made by Long Haul Trucking for a conditional use permit to allow the following activities in an 1-2, General Industrial Zoning District: 1. Commercial truck washing as an accessory use. 2. Commercial truck service as an accessory use. 3. Open or outdoor rental (leasing) as an accessory use. On 26 August 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application for the conditional use permit. Based on the application, the recommendation of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a conditional use permit to allow the following activities in an 1-2 Zoning District. a. Commercial truck washing as an accessory use. b. Commercial truck service as an accessory use. C. Open or outdoor rental (leasing) as an accessory use. 2. The legal description of the subject property is: Lot 2, Block 2, Otsego Industrial Park, Wright County, Otsego, Minnesota 3. In conjunction with the requested conditional use permit, the City has approved a Zoning Ordinance amendment establishing commercial truck washing and commercial truck service as conditional uses in the 1-2, General Industrial District. 4. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed rezoning. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed use is considered consistent with the policies and provisions of the City's Comprehensive Plan which promotes compatible land use patterns. b. The proposed use's compatibility with present and future land uses of the area. Provided that applicable performance standards are imposed and satisfied to mitigate possible adverse impacts, the proposed use is considered compatible with present and future land uses in the area. C. The proposed use's effect upon the area in which it is proposed. While the proposed use will result in an increase in traffic generation, such increased traffic is within the capabilities of streets serving the property. d. The proposed use's impact upon property values of the area in which it is proposed. Although no detailed study has been conducted, the proposed use is not anticipated to adversely impact area property values. e. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Jansen Avenue, which serves the subject property, was constructed to accommodate truck traffic associated associated with the proposed use. In this regard, increased traffic resulting from the proposed use should not cause undue wear on the roadway (beyond that considered in the design). According to Wayne Fingalson of the Wright County Highway Department, the proposed use can be satisfactorily accommodated by County Road 37 which lies proximate to the subject site. f. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. 2 As there will be no major physical alterations to the site, impact upon parks, schools and utilities shall be minimal. Traffic generated by the proposed use is within the capabilities of streets serving the property. 5. On 6 August 1997, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request for a conditional use permit to allow commercial truck washing as an accessory use, commercial truck service as an accessory use, and open or outdoor rental (leasing) as an accessory use subject to the following conditions: 1. The City formally approve a text amendment establishing truck washing and truck service (accessory) as conditional uses in the 1-2 Zoning District. 2. In consideration of review and comment by the City Engineer, the City of Albertville and the Wright County Highway Department, a determination is made by the City that traffic generated by the proposed uses is within the capabilities of streets serving the property. 3. The submitted site plan is revised (to scale) to depict the following: a. Specific truck stacking areas for both the truck wash and truck service facilities. b. Truck circulation routes. C. The proposed truck trailer display area. 4. A minimum of two stacking spaces for each truck wash bay be provided. 5. The commercial truck wash and service operate only between the hours of 7:00 AM and 11:00 PM. 6. The City Engineer provide comment and recommendation in regard to water supply and disposal issues associated with the commercial truck wash facility. 7. All refuse is stored in containers which are screened and enclosed by a fence or similar structure. 8. All potentially hazardous wastes are disposed of in a manner approved by the Minnesota State Fire Marshal and Minnesota Pollution Control Agency. 9. Any bulk storage of gasoline, chemical or flammable liquids comply with the Minnesota State Fire Marshal's office and documentation of compliance is provided to the City. 10. The sale of products or service other than truck washing, service and trailer leasing (i.e., retail convenience good items) is prohibited. 11. The City reserves the right to require additional off-street parking if determined necessary to accommodate use demands. 12. The applicant provide documentation of Long Haul Trucking's employee count. 13. The applicant identify methods of handling (or detouring) excessive on-site truck wash and truck service traffic (in excess of 12 truck washes per day as estimated by the applicant). 14. No advertising or business signs are placed on or attached to the "Benson" trailer to be displayed. 15. Specific noise mitigation measures are identified by the applicant. Noises emanating from the subject site shall comply with applicable Minnesota Pollution Control Agency standard (NPC 7010 as may be amended). 16. Outdoor equipment rental activities not exceed 7,750 square feet in area (50 percent of the gross floor area of the site's principal building). 17. The City Engineer provide comment and recommendation in regard to site drainage issues, particularly in regard to the impact of the elevated trailer display area. 18. The outdoor sales (rental) area is hard surfaced to control dust. 19. No more than one freestanding business sign is erected upon the subject site in accordance with City signage requirements, unless a variance is requested and approved by the City. Ell ADOPTED by the Otsego City Council this day of 1997. CITY OF OTSEGO in ATTEST: Larry Fournier, Mayor Elaine Beatty, City Clerk/Zoning Administrator 5 VARIANCE DENIAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application has been made by Long Haul Trucking for a variance to allow the erection of a freestanding business sign greater than 100 square feet in area and 35 feet in height within an 1-2, General Industrial Zoning District. On 26 August 1997, the Otsego City Council met at is regularly scheduled meeting to consider the application for the variance. Based on the application, the recommendation of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicants wish to erect a freestanding business identification sign measuring 468 square feet in area and 50 feet in height. 2. The subject site is zoned 1-2, General Industrial. 3. Section 20-37-5.C.4 of the Zoning Ordinance stipulates that freestanding business signs within industrial zoning districts may not exceed 100 square feet in area and 20 feet in height except that signs that abut the Interstate 94 corridor may extend to the maximum allowable principal building height (35 feet in 1-2 Zoning Districts). 4. The legal description of the subject property is: Lot 2, Block 2, Otsego Industrial Park, City of Otsego, Wright County, Minnesota 5. Section 20-51-5.G.3 of the Zoning Ordinance states that a request for variance may not be granted unless the following can be demonstrated. a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. There are no special conditions and circumstances which are peculiar to the subject site which are not applicable to other lands, structures or buildings in the area. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. Literal interpretation of the provisions of the Ordinance will not deprive the applicants of rights enjoyed by other properties in the same district nor deny the applicant an ability to abut the property to a reasonable use. C. The special conditions and circumstances causing the undue hardship do not result from actions of the applicant. The proximity of the subject site from the Interstate 94 corridor and desire of the applicant to construct a sign which exceeds Ordinance requirements does not constitute a special condition or circumstance causing undue hardship. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district under the same conditions. Granting of the variance would confer upon the applicant a special privilege that is denied to other lands in the same district and under the same conditions. 2 e. The request is not a result of non -conforming lands, structures or buildings in the same district. The request is not a result of non -conforming lands, structures or buildings in the 1-2, General Industrial District. f. The request is not a use variance. The request for a freestanding business identification sign which exceeds maximum City area and height requirements is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The requested variance for a freestanding business sign measuring 468 square feet in area and 50 feet in height is, according to the applicant, necessary to accomplish the intended purpose of business identification. Compliance with the maximum sign area and height requirements of the Ordinance would not deny the applicant an ability to identify the business in question. 6. On 6 August 1997, the Otsego Planning Commission conducted a public hearing to consider the variance application, preceded by published and mailed notice. Upon review of the variance applicant and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council deny the variance based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinance requirements, the applicant's request for a variance to allow a freestanding business sign to exceed 100 square feet in area and 35 feet in height within an 1-2, General Industrial District is hereby denied in its present form. ADOPTED by the Otsego City Council this day of 1997. 3 CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Elaine Beatty, City Clerk/Zoning Administrator CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 6.BOB KIRMIS, ASST.CITY PLANNER (Elaine) August 26, 1997 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 6.3. Consider applicant Tony and Leah Buirge for Bouley Living Trust c/o Ellen Bouley, 6662 River Rd NE PID #118-500-351400 as follows: A. Conditional Use Permit to allow more than 2-1/2 acres (Approx. 10 Acres) on a one per forty split of A-1, Ag Land in Rural Sery Area. BACKGROUND: Your Council Agenda has been revised to include this application as they want to build this year. This item came before the Planning Commission for Hearing on August 20, 1997 at 8PM. Bob Kirmis gave NAC's Report and some discussion was had. The applicant provided another site plan at this meeting to show that the upland could be reduced to 2-1/2 acres with the rest of the lot being wetlands. Total lot size 7. 23 acres as per NAC's Report recommendation. Motion was as follows: RICHARD NICHOLS MOTIONED TO APPROVE THE CUP APPLICATION FOR TONY AND LEAH BUIRGE SUBJECT TO ALL THE STAFF CONDITIONS FROM NAC'S REPORT DATED AUGUST 13, 1997. ING ROSKAFT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RECOMMENDATION: This is for Council discussion and decision. Staff recommends the P.C. recommendation as stated in the motion above. Thanks 4 Elaine N MEMORANDUM TO: FROM: DATE: RE: FILE NO: NORTHWEST ASSOCIATED CONSULTAN rez Otsego Mayor and City Council Bob Kirmis 21 August 1997 Otsego - Buirge CUP 175.02 - 97.14 Attached is a "Finding of Fact" applicable to the Buirge conditional use permit request. Please note that the Findings reflect the Planning Commission's recommendation on the request. This item is scheduled for City Council consideration on 26 August. PC: Elaine Beatty Andy MacArthur Kevin Kielb 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 16 PHONE 5 1 2-595-9636 FAX 6 1 2-505-9e37 AUG -21-199? 09:38 NAC 612 595 983? P.03/0? CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE. CONDITIONAL USE PERMIT APPROVAL FINDINGS OF FACT AND DECISION Application of Tony and Leah Buirge for a conditional use permit amendment to allow the establishment of a residential lot greater than 2.5 acres in size within an A-1 Agricultural Rural Zoning District. On 26 August 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Tony and Leah Buirge for the aforementioned conditional use permit. Based on the application, the recommendation of the Planning Commission, and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicants are requesting a conditional use permit to allow the establishment of a residential lot greater than 1.5 acres in size within an A-1, Agricultural Rural Service Zoning District. 2. The proposed lot is to be created as part of a "one per quarter -quarter section" division. 3. The applicants are proposing the creation of a 10.0 acre residential lot. 4. The legal description of the subject property is as follows: See attached Exhibit A. 5. Section 20-51-5.G.2 of the Zoning Ordinance states that residential lot sizes larger than 2.5 acres may be allowed within the A-1 zoning district via conditional use perrnit. Such lot must not, however, exceed 10 acres in size and must be a result of one of the following: A. Existing building occupying an area larger than the lot size minimum; or AUG -21-1997 09:39 NAC 612 595 9837 P.04i07 B. The land involved in the subdivision is non -tillable and marginal for use in agricultural production. 6. There are no existing buildings within the boundaries of the proposed residential site. 7. Approximately 50 percent of the land area within the proposed residential lot's boundaries is devoted to wetland and/or ponding area. 8. According to the Wright County Soils Survey, the subject site is characterized by Hayden loam soils (6 to 12 percent slope). Such soil type is stated to be "good" for crops and pasture. 9. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Considering that the wetland and/or pond (which the subject lot is to partially overlay) is considered marginal for agricultural production, the creation of a residential lot larger than 2.5 acres in size is considered consistent with the provisions of the City's Comprehensive Plan. The creation of a lot with greater than 2.5 acres of land considered "good" for agricultural production cannot, however, be justified_ b. The proposed use's compatibility with present and future land uses of the area. The proposed lot will partially overlay a wetland and/or pond. In this regard, the actual use of the property in question will not change substantially. To ensure compatibility with surrounding agricultural uses and adhere to the Comprehensive Plan policy of preserving "prime" farmlands, it has been recommended by city staff that the "upland area" of the proposed lot be decreased from ± 5 acres to 2.5 acres_ Provided the lot in question is reduced in size as recommended, the proposed use is considered compatible with present and future land uses of the area. N AUG -21-1997 09:39 NAC 612 595 9e37 P.05/07 C. The proposed use's effect on the area in which it is proposed. The proposal is not anticipated to adversely effect the neighborhood. The proposed use and residential density Is compatible with the surrounding area. d. The proposed use's impact upon the property values of the area in which it is proposed. While no detailed study has been conducted, similar situations dictate that the proposal will not negatively affect property values in the area. e. Traffic generated by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed single family residential use is within the capabilities of 65th Street which serves the property. f. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The creation of a residential lot larger than 2.5 acres in size shall not negatively impact existing public services and facilities. 10. The planning report dated 13 August 1997, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 11. On 20 August 1997, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request for a conditional use permit to allow a residential lot size greater than 2.5 acres in an A-1 Zoning District is approved in its present form and subject to the following conditions: The upland area of the proposed residential site (exclusive of wetlands) is reduced (from + 5 acres) to 2.5 acres in size. 3 AUG -21-1997 09:40 NAC 2. To prohibit further subdivision, a deed restriction is placed on the land exercising its development right. Such restriction shall be In force until such time as the property is rezoned. 3. The applicant receive administrative approval from the City Zoning Administrator of the proposed subdivision in accordance with applicable A-1 lot standards. 4. The City Engineer provide comment regarding site access issues. 5. The site survey is modified to illustrate the proposed well location. 6. A determination is made by the City Engineer and/or Building Official that the subject site is capable of accommodating a private well and septic system. 7. The City Engineer provide recommendation in regard to drainage and utility easement establishment including easement over the site's wetland. All site easements shall be subject to approval by the City Engineer. g, The proposed subdivision is subject to park dedication requirements as determined by the Park and Recreation Committee. 9. As a condition of building permit issuance, a wetland delineation is performed. 10. All applicable A-1 District setbacks are satisfactorily met. ADOPTED by the Otsego City Council this 26th day of August 1997. CITY OF OTSEGO By: Larry Fournier, Mayor ATTEST: By:. Elaine Beatty, City Clerk/Zoning Administrator 4 CITY OF OTSEGO PLANNING COMMISSION MEETING AUGUST 6, 1997 8 PM OTSEGO CITY HALL L Chair Swenson will call thel�g_Commission Meeting to order; Chair Carl Swenson called the Planning Commission Meeting to order at 8:00 PM Present: Chair; Carl Swenson, Commission Members; Ing Roskaft, Bruce Rask, Eugene Goenner, Arleen Nagel, Richard Nichols. Jim Kolles, excused absence. Alternate Bill Jones, unexcused absence. Council Representative; Vern Heidner Staff: Bob Kirmis, City Planner; Elaine Beatty, City Clerk/Zoning Adm.; Carol A. Olson, Secretary Mayor: Larry Fournier, CM Wendel, CM Berning, CM Ackerman Consideration of the Planning Commission Minutes of July 16, 1997— LNG 997L 1G ROSKAFT MOTIONED TO APPROVE THE PLANNING COMMISSION MEETING MINUTES OF JULY 16, 1997. RICHARD NICHOLS SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. 'i HEARING for 6W bncPn AVPr�I]P NF Alhertville._MN Lot 2�Block 22. Otsego Industrial Park, Sec 34 Tw12 1, Rg 24 PID#118-13)-002020 a Consider a Zoning Text Amendment to allow* A Limited accessory s orage lease of truck trailers as a Conditional Use in an I-2 (Gen. Ind-) District. B Truck Nash & &ervice as a Conditional Use in an I-2 District b Consider a Condition Use Permit to allow: A imited accessory s orage &lease of trnck trailers in an I-2 District. B Truck wash & scrvice in an T-2 District- c Consider a Variance to the Otsego Sign Ordinance to allow* A Variance from the maximum 100 s4 ft hncinf, idPntiticatinn sign requirement (400sqft sian), Chair Swenson read the applicants request and asked Mr. Kirmis to go over NAC's report. Mr. Kirmis - Mr. Daniels of Long Haul Trucking has requested to expand the trucking business located south of I-94 and west of Kadler Avenue to include commercial truck washing, commercial truck service, and outdoor truck/trailer rental. An amendment to the zoning ordinance and a conditional use permit is necessary to accommodate this request. Exhibits A through G. are attached to NAC's report dated July 30, 1997. Should the City determine such uses to be acceptable, NAC would recommend approval of the applicants request subject to 20 conditions listed in the report which Mr. Kirmis read. (see attached) Exhibit A is the Draft Ordinance Amendment. Exhibit F covers the trailer display details. The applicant wishes to display a Benson trailer elevated on an earth mound. Chair Swenson went over the proper procedure for a public hearing PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 2 Elaine Beatty, City Clerk -The proper publishing, posting and mailing has been done. Dino Buege - Rogers Works for Long Haul Trucking Long Haul is a real asset to Otsego, built a nice building and have nice trucks. We want to work with the City on these issues. The four facilities used as a comparison have industrial washes, where we do all our washes by hand and can only do 12 per day. We are willing to put a site plan together on stacking two trucks outside the wash. Bernie Molligan - Monticello General operations manager Regarding the truck wash, the water supply and drainage was one of the first issues addressed before building the facility. We bought the best system available. It says there is an outside wash used in summer, that has never hooked up. Ron Schmult Scenic Sign - St. Cloud Representing Long Haul Trucking in regard to the variance on the signage. Have done a sketch showing the 100 sq. ft. 35 ft. high and we are stating that a sign that size would never be seen from I-94. (70 mph) Recommending 400 sq. ft. 50 ft high. There are a lot of trees and a railroad track in the area in the way. Chair Swenson opened the hearing to the public. No one wished to be heard. Discussion was brought back to the Planning Commission. Discussion was had regarding the trees being on railroad property or Mn/DOT property. They are not on Long Haul property. Why the sign needed to be so large if washing was done by appointment. The sign was to make people know where the business is. Ron Schmult - Stated that there is a single line message on the sign which can also be used by the city for activities, games etc. Chair Swenson - Went back to the public and asked if anyone wished to be heard. No one did. Chair Swenson closed the public hearing and brought back Planning Commission. Item a. Consider a Zoning Text Amendment to Section 20-68-6: Mr. Kirmis was asked to read the amendment changes to Section 20-68-6 of the Otsego Zoning Ordinance, which he did. ING ROSKAFT MOTIONED TO RECOMNtEND APPROVAL OF DRAFT ORDINANCE AMENDMENT. SECONDED BY BRUCE RASK. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 3 Item b. Consider a Conditional Use Permit to allow accessory storage and lease of truck trailers in an I-2 District. EUGENE GOENNER MOTIONED TO APPROVE CONDITIONAL USE PERMIT SUBJECT TO THE 20 CONDITIONS LISTED IN NAC'S REPORT. ING ROSKAFT SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Item c. Consider a Variance to the Otsego Sign Ordinance. Mr. Kirmis - Long Haul feels the sign allowance is not adequate. The applicant has not demonstrated unique, non -economic hardship to warrant approval of the request for the variance. Approval would further establish an undesirable precedent. NAC recommended denial of the requested sign area and height variance. Long Haul provided pictures showing the trees in the area. Richard Nichols stated that this issue was recently discussed and the consensus at that time was not to allow signage of this size and not start a trend. The Planning Commission should not allow the variance but should re -look at the ordinance. Ing Roskaft suggested the applicant contact the railroad or Mn/DOT for some possible provisions or agreement regarding the trees. RICHARD NICHOLS MOTIONED TO DENY THE VARIANCE REQUEST BY LONG HAUL TRUCKING. SECONDED BY ING ROSKAFT. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. RICHARD NICHOLS MOTIONED THAT THE PLANNING COnI IISSION RECOMMEND THAT THE CITY COUNCIL GIVE THE PLANNING COMMISSION DIRECTION TO REVIEW THE CITY OF OTSEGO'S SIGN ORDINANCES. SECONDED BY ING ROSKAFT. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 4. HEARING for Dick Larson, Pr rerwood Associntion. Tnc. Swenson8660 Highway 101, OtsegoMN PTD -#1 19-500-233loo & 1] 9-500-213101. Unplatted, Chair over applicants request. statedElaine Beatty that all the proper publishing, posting and mailing has been done. Bob Kirmis - Mississippi Riverwood Associates, Inc., is a private recreational trailer campground located adjacent to the Mississippi River at 8660 Highway 101, and is requesting an amendment to the existing Conditional Use Permit granted in 1982 by Wright County. Approval was given with two conditions. The purpose of the amendment is to clarify the uses, activities and operation allowed at the site under the CUP. The site is zoned A-1, and is also within the Wild and Scenic Overlay District (sub -district C). A portion is also with the Floodplain Overlay District. The second condition is regarding vacation, there has been contention whether the 1982 CUP required the trailers be removed from the property after November 1st or whether the campers may be stored PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 4 at the site or simply not being occupied by persons. There is the requirement that an emergency evacuation plan be provided. The floodplain related requirements are to be made part of this amendment so there is a common understanding as to what is allowed. The applicants have proposed a storage plan. (see attached pg 9) Accessory buildings are also an issue. Because this facility is considered seasonal and campers themselves are not considered permanent, that same rule should apply to accessory buildings. NAC recommends permanent accessory buildings be prohibited. Most of the conditions are flood plane requirements. NAC recommended approval of the conditional use permit amendment subject to conditions listed in NAC's report dated July 29, 1997, which Mr. Kirmis read. (see attached) Hakanson Anderson Assoc., Inc. has reviewed the application as to engineering issues. A letter dated July 30, 1997 lists concerns and comments regarding the applicant's request. (see attached) Minnesota Department of Transportation has reviewed the applicants' request and has no major concerns however reminded the applicant of stipulations regarding development adjacent to a Mn/DOT right-of-way, which are listed in a letter dated July 17, 1997. (see attached) Chair Swenson asked the applicant if he wished to comment. Dick Larson Mississippi Riverwood - Our committee requested this and after receiving NAC's report realized this is complex and had our legal advisor review it and come up now to comment. Bill Pribyl, Attorney Mtka.- Representing Mississippi Riverwood - Hope to persuade the commission with a short presentation, that the only appropriate action this evening is to table this matter until Staff and Representatives of Mississippi Riverwood can discuss NAC's recommended plan. To begin with, the intent of my client was not to get thirteen conditions imposed upon its use which was permitted and grandfathered since 1982. Since 1982 it has been acting under a conditional use permit (CUP) and there has been no demonstration that there has been any violations of the terms and conditions of that use. The terminology used in the CUP from Wright County may be subject to question. My first request is the we not refer to Mississippi Riverwood as a trailer campground. It is an RV resort. We should revisit the CUP. My client did apply for a modification to the CUP. It was not the intention of my client to go through this exercise at this time. It was not the intention of my client to come to this commission to debate conditions. There is no reason for a site survey indicating location of all the existing structures. There is no economic reason to impose that kind of condition on the applicant. The recommendations of NAC that bears any relationship to the application is option two. That this City and Council suggested imposed upon my client, A,B,C, and D. We accept gratefully. The reason this came up was the result of the 100 year or 500 year flood. When one or more members of the PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 5 public were screaming for documents or economic assistance for the loss of their personal property at the campground. A site plan and survey has been documented in 1982. The recommendation that a penalty of forfeiture of a CUP for one violation is suggestive of a taking without consideration. Give us the opportunity to discuss the proposals and bring back a proposal that meets our needs and the needs, of the City. I do not believe Mississippi Riverwood or any other applicant be required to have their CUP revoked for one violation without an opportunity to remedy. This is a cooperative, non-profit, recreation vehicle resort. Owned by competent economically qualified individuals who contribute to the community. They should have their opportunity to resolve how they are going to be managed by the City or alternatively withdraw their application and rely upon their existing CUP. Thank you. Chair Swenson asked if any one else wished to be heard. No one did. Discussion was brought back to the Planning Commission. Since there are many issues involved with this, I would like to request a site inspection for Saturday August 16, 1997 at 10 AM. BRUCE RASK MOTIONED TO HAVE A SITE INSPECTION TO REVIEW CONDITIONS. ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RICHARD NICHOLS MOTIONED TO CONTINUE THE MISSISSIPPI RIVERWOOD HEARING TO AUGUST 20, 1997. SECONDED BY ING ROSKAFT. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Chair Swenson stated that the hearing would not be closed just continued to August 20, 1997, at which time there will be another opportunity for the public to be heard. HEARING for Dwight & Marion McKenzie, 83_52 Odell Avenue NE Otsego, MN Lot 9 Bl Add PTD#1 18-033-002090 Sec 21. Iwn Raquest is as follows A Conditional Use Tse Permit to a] low more than one dQlacheA ac ..ssorThuildin� in R- is rict_ (Residential Immediate Urban Service Areal Chair Swenson went over the applicant's request. Elaine Beatty stated that the publishing, posting and mailing have been made. Mr. Kirmis - Dwight and Marion McKenzie have requested a conditional use permit to construct an accessory structure upon property located at the north east intersection of Odell avenue and 83rd Street. The applicant has submitted two options. Option A. is to construct a 924 sq. ft. garage and leave the existing two pole sheds. Option B. would eliminate one of the pole sheds and build approximately a 1,300 sq. ft. garage. Option B is the preferred option. According to the Zoning Ordinance, a detached accessory structure of an area greater than 1,000 sq. ft. and less than 1,500 sq. ft. could be allowed by an administrative permit. It also states that no more than one detached accessory structure is allowed except by a conditional use permit. The existing garage was damaged by the recent storm. The property in zoned R-3. NAC recommends approval of the conditional use permit with the second option with removal of the second pole shed. PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 6 Chair Swenson opened the hearing to the public and asked if anyone wished to be heard. Dwight McKenzie 8352 Odell Ave The storm of July first is what did the damage to this garage and I was hoping that I was grandfathered in and would not need to apply for a CUP. That is an additional $500.00 cost for me. I was hoping I could just get a permit and start building. Gerald K. Gordon - neighbor across the St. Dwight has the neatest piece of property, not a blade of grass out of place. You can't see the pole building behind there. They are hard working people and feel let him put up the garage. Elaine Beatty stated that Nancy Carlson called in favor of the proposed building. Chair Swenson Brought the discussion back to the Planning Commission. LIG ROSKAFT MOTIONED TO GRANT THE APPLICANTS REQUEST, OPTION B, SUBJECT TO THE CONDITIONS OF NAC'S REPORT. ARLEEN NAGEL SECONDED. DISCUSSION: Richard Nichols - Asked Mr. Kirmis if the current two pole buildings where built under proper permitting when Township had control of the area and if the basis of the recommendation for option B. was the elimination of the smaller of the two buildings. Mr. Kirmis - It was prior to NAC's involvement with the city. It is the intent of the city to ultimately get rid of non -conforming structures. The applicant has offered to remove one pole buildings and is proposing a larger garage. Dwight McKenzie - When both permits where issued a while back through Wright County you could only build one pole building 800 sq. ft., but you could build two side by side. I wanted to build one 1,400 sq. ft. building. Mr. Kirmis - The applicant offered to tear down the building and this was viewed as positive. RICHARD NICHOLS RECOMMENDED AN AMENDMENT TO THE CURRENT MOTION TO DELETE THAT PORTION REQUIRING THE SMALLER OF THE EXISTING POLE STRUCTURES TORN DOWN AS A REQUIREMENT OF THE CUP. SECONDED BY BRUCE RASK. DISCUSSION: Eugene Goenner - My view is that three accessory buildings in a residential lot is a little much, even though the County made him do that. Even though they are well taken care of. Two accessory building would be preferable. Gerald K. Gordon I lived across the street for about 30 years and didn't know that building was back there until his garage blew down. You couldn't even see it. You can't see it from the road. PLANNING COMMISSION MEETING of August 6 cont'd Page 7 Richard Nichols - If it wasn't replacing a current garage, that would be a valid point. If someone came in and said they needed a third building, and it was a new application, we'd say no. MOTION AS AMENDED PASSED WITH RICHARD NICHOLS, BRUCE RASK, CARL SWENSON, AND ARLEEN NAGEL VOTING IN FAVOR. EUGENE GOENNER OPPOSED THE AMENDMENT. MOTION PASSED FIVE TO ONE. (5 TO 1) Elaine Beatty - This will be on the August 26, 1997 City Council Agenda at 6:30 PM. 6 BEARING initiated hy Otsego Mayor, City Council.and Planning Commission req„Pr is as follows* A. Consider an amendment to Otsega's ZQnina Ordinance Sec20-19 regarding processing reQuirements for building re -locations. Mr. Kirmis - This proposed amendment to the zoning ordinance would allow building relocations by administrative rather than conditional use permit. This was directed by City Council. The City Building Inspector raised the question as to whether or not the CUP requirement would apply to replacement manufactured homes new but relocated to the site. Because the ordinance did not provide a specific exemption for those, they would have to be subject to the building relocation requirements. At the second meeting in April the City Council considered this and directed the ordinance be amended to allow building relocations administratively. Mr. Kirmis handed out an excerpt from a St. Augusta Twp. zoning ordinance. Section 18.02. offers some exemptions. Exempting A. relocations which occur solely within the confines of a single lot or parcel. B. Manufactured homes within manufactured home parks. and C. Prefabricated and industrialized/modular buildings as defined by the State Building Code being relocated to their first permanent building site. The City Council has directed the preparation of an amendment which would establish building relocations as administrative approval. NAC has prepared a Draft Amendment attached to the Memorandum. Mr. Kirmis contacted the State Building Official regarding terminology for manufactured homes. New construction off site is still required to meet all other regulations. Chair Swenson opened hearing to the public. No one wished to be heard. Chair Swenson closed the public hearing and brought it back to the Planning Commission. Eugene Goenner - Asked Mr. Kirmis what would better serve the city, the St. Augusta example or the proposed draft ordinance. Mr. Kirmis - The St. Augusta's Zoning Ordinance. The Planning Commission could make a recommendation with additional changes. EUGENE GOENNER MOTIONED TO CHANGE THE OTSEGO ORDINANCE SECTION 20-19 TO ADD THE EXEMPTIONS OF THE ST. AUGUSTA ORDINANCE, SPECIFICALLY 18.02, ITEMS A, B, AND C BE ADDED INTO THE OTSEGO ORDINANCE. RICHARD NICHOLS SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 8 DISCUSSION: Suzanne Ackerman Aug regulations as far as pre -fab/ Packard Avenue If you go with St. Au mobile homes, and letting the surrounding residents know what is being brought in, you are pretty much telling the people hey, you can't paint your house that color. Everybody has a right to put in what they want. Be aware, that some people might be upset if the city tells them what they can and can't bring in. Eugene Goenner - To clarify, I don't think under these ordinances we are telling people what they can or can't bring in. We are saying if it is new construction you don't have to have a CUP, just come in and get a building permit. 1f bringing n an existing building that has been pre-existing on another site then a CUP is needed, so the neighbors are notified and have an opportunity to comment. This will be on the City Council Agenda of August 11, 1997 at 6:30 PM. 7Any other Plan�g ommiccinn Rn�in CM Heidner updated the Planning Commission on the joint meeting with the Albertville City Council on July 23,1997, to discuss them providing sewer and water services to a proposed development (NASCAR)annanhdeMoody regard nguthwest r o costs involved with f the city. Met ta Tom Truzinski, bonding agent, with Ju Wastewater Treatment Plant and the different ways to pay for it. Developer pays for running pipes, or City can run lines to the property and have Sac. & Wac. charges. S. Adiourn: LNG ROSKAFT MOTIONED TO ADJOURN. RICHARD NICHOLS SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Jim Kolles, Secretary Recorded by: Carol A. Olson co:pc3697:.p5 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 7. ANDY MAC ARTHUR, CITY ATTORNEY(Elaine) August 26, 1997 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 7.1. Discussion of 62ND Street BACKGROUND: Attached is a letter from Andy MacArthur re: 62ND Street NE. He has explained the issues and present state of this road and residents issues. Andy will be here to discuss this with the Council. This has been talked about many times before as you all know. RECOMMENDATION: This is for Council discussion and any decision Thanks, Elaine cdv -ccr-177 ! 11 • �iJNI'I E� wxi= S. iu Andrew J. acArthur Michael C: Uri' Megan MIcbonald ..E 20, 1997 RADZWM,L & CO URI Attorneys at Law 705 Central Avenue East ' 'PO Bar 369 St. Michael, MN 55376 (612) 497-1930 (612) .497-2599 (FAX) �i i i City Council Members city, of Otsego b/olain e Bdatty,.City Clerk 8 8 9:9.rNa shuts ;Avenue NE Otse` o, MN. 55330 1 RE: 2n4 Street NE, j Dwarf C0'ouncil: Members I wa contacted prior to my vacation by Rose Flt4iske . She stated that she was .!speaking on behalf of the residentsl of: 62nd Street. She indicatedthat Mr. Lindenfelser was unwilling] to dedicate any morerproperty!for a cul-de-sac at the end of 62nd;'as requested by the t i �� Y�' Shy also indicated, that the residents of 'that street still . Consider it unfair that the street has existed for such a longlperiod of time without any previous trouble riegarding'plowing or a�iy other :related issues. It w4s unclear whether or not Mr. Lindenfelser would dedicate the prop �rty he oiins south of the existing easements that would create a ha f street 1 I She indicated!that the preference of those residir�,g on 62nd Street at tris time.�ould be that the City resume glowing the roadway as before,: for .which. they would be willing to pay.: She did indicate that !they wouId be willing to signa 3 iabi] sty `�;aiver, releasing "the City from:any liability claim related to the 'roadway. As y may recall, the previous recommendation to,;the Council was that Ithe. residents provide the appropriate right-of-way for a half street, as Weil as dedicate an appropriate cul-de-sac. It is my opinion'thatA would be better to have the issueof whether or not the P reet is Public or private finally resolved, however, it is a Coun il.decision has to how you wish to proceed in this matter. i Letter to Otsego City Council Aug4st 20, 1997 Page 2 It should be 'noted that this is an unusual' c.ircuinstance, and .is one of ii very Yew such situations within the City At t�hls point, the following would appear to be thie City'.s 'options: 1. �onantaYn the previous position.that the City will require a dedx'aated half street and cul-de-sac. 2. To request dedication of only the half ;street with the understanding that this may result in some potential liability becse :there is no cul-de-sac. 3. To request- dedication of only the half- street as well as a waiver o f. liability from the residents as a condition of acceptance of a� half street. 4... To change, current policy and continue maintenance. of the' roadway whil� receiving payment for services rendered, tb the full extent of the ,value of the services rendered, and upon receipt of .a waiver of,ljiability from all the residents residing along the roadway. ThisJ)would: not necessarily involve the City chafiging its policy regarding private driveways; the policy could be amended to only inclhde those roadways designated as streets and which provide access for a number of residents. it. ids funda-mentally a Council decision as to; dhow you wish to proceed at this point. Withput a voltiintary dedication from the people alors g the roadway or a ju�iiaia.l- determination as to whether or not Xt is public or private street, the issue will remain as an ong8ing problem for both.: the City and the residents. Any attempt:, to resolve it judicially will cost both sides potentially significant amounts in attorney's fees. The lit:yl's,interest in resolving this matter is; to obtain legal ease ent or right-of-way over an appropriately sized and safe. City stre t.. The residents interest is in continuing to receive City services and having liability issues resolved. I :th�nk it is in both partyfs best interest to: try and reach an agre .ent.regarding this issue. If. yopb have an: Y questions regarding this matter phase feel free to contact me I Let cc: t or., to Ot6ego City council St 201 1097 Il ;y yd s, e+ . J. URZ Bob KirMis, NAC Kevin Kioglb,'Hakanson Anderson Pto�e: Fresik.e ii s ' j t j j .. j I t t •1 t •i i ! i t , . I. i TOTAL P.04 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION Af:FNnA RFrTInN. DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 7. ANDY MAC ARTHUR, CITY ATTORNEY(Elaine) August 26, 1997 6:30PM ITEM NUMBER: ITEM DESURiY IUN: 7.1. Discussion of 62ND Street BACKGROUND: Attached is a letter from Andy MacArthur re: 62ND Street NE. He has explained the issues and present state of this road and residents issues. Andy will be here to discuss this with the Council. This has been talked about many times before as you all know. RECOMMENDATION: This is for Council discussion and any decision Thanks, Elaine YJij-410 -177 / I • 143H1`I 1-RUI11 MaUZW 3 1 1 Z� k. UUf' 1 LdIW WT r t v s William. S. u RADZWILL & COURI Andr. ew j. acArthur Attv,� at Uw Michael . C: uri 70S Central Avenue Erut Megan Di McDonald 'PO Bax 369 St. Michael, MN 55376 (612) 497-1930 (612).497-2.599 (FAX) - Aug ,st 2.0, 1997 I , cit) Council Members City i of Qtse o c/o:: laine t atty,.City Clerk i 889:9 Nashua Avenue NE Otsego, MN 554330 RE: 52n4' 8trelet NE Dear Cou cil' kembers 1. -viao cohtadted prior to my vacation by Rose F'reske. She stated that she: was .!speaking on behalf of the residentsl, of: 62nd Street. Sheindicatedthat Mr. Lindenfelser was unwilling to dedicate any more ( pioperty for a cul-de-sac at the end of 62ne*,' as requested by the (City. She also indicated that the residentsl of -that street still . Consider it unfair that the street has existed, 'for such a long period ot time without any previous trouble tlegarding plowing or an4y other :related issues. Itw"s unclear whether or not Mr. Lindenfelser would dedicate the prop1rty he oris south of the existing easements that would create a half 'stree.t' she indicated ithat the preference of those residing on 62nd Street at tris time.would be that the City resume plowing the roadway as before,: for .which they would be willing to pay.: She did indicate that 'they would be willing to sign a liability 'w,aiver, releasing the city -from -:any 'liability claim related to the'roadway. As yc�u may recall, the previous recommendation to:;the'Council was that the residents provide the appropriate right -6f -WAY for a half street, as wejl as dedicate an appropriate cul-de-sac. it is my opin' on' that it would be better to have the issue Qf whether or not the rest is public or private finally resolved, however, it is a Cairn il.decision has to how you wish to proceed'ih this matter. Letter to Otsego City Council August 20, 1997 Page 2. It si�hottld be Hated that this is an unusual circumstance, and .is one of a. very few such situations within the City.: At is point, the following would appear to be tide Cityl.s options: 1. �o ins ntasn the previous position.that the dAy will require a dedicated half street and cul-de-sac. 2. To request dedication of only the half ;street with the understanding that this may result in some potential liability because:there is no cul-de-sac. 3. To requesf- dedication of only the half, street as well as a waiver of' liability from the residents as a condition of acceptance of w half street. 4... T' ah2inge current policy and continue maintenance. of the roadway whit; receiving payment for services rendered, +_6 the full. extent of the.value of the services rendered, and upon receipt of .a waiver of:Iiability from all the residents residing along the roadway. Thislwquld:not necessarily involve the City chit ing its policy regarding private driveways; the policy could be amended to only include those roadways designated as streets and which provide access for a number of residents. it. is fundamOntally a Council decision as td how you wish to proceed at this point. Without a voluntary dedication from the people along the roadway or a juHicial determination as to whether or not 1t is public or private street, the issue will remain as an ongoing problem for both.: the Citi and the residents. Any attempt:. to resolve it judidially will cost both sides potentially significant amounts in attorneyrs fees. The lit�yl's.interest in resolving this matter is; to obtain legal ease ent .'or right--of-way over an appropriately sized and safe. City st�re4it.* The residents interest is in continuing'to receive City services and having liability issues resolved. I thnk it is:; in both party " s best interest to try and reach an afire pent .regarding this issue. If. y jp� have any questions regarding this matter phase feel free to cmtalct me .:. cc: r; to Ot#ego city Council t 20, 1097 +s, NAC f lig, ' Hakanson Anderson ;ks I ' TOTAL P.04 08-26-199? 01:4?PM FROM Radzwill & Couri Law Offi TO i tiVrll = S. RadzwW' ' lndrew ,f -MacAhhitr Michael C. Couri Megan M. McDonald I • i I,ADZWILL & CO URI Anorneys az Law 705 Central Avenue East PO .Box,, 369 St. Michael, W 55376 (612) 497-2930 (612) 497 ZS99 (FAX) FACSIMILE COVER PAGE TO: OF: �°�«�"�90a FROM: cs (/ ✓ 4418823 P.01 SUBJECT: FAX NUMBER. i DATE-. TIME : AM/ PM TOTAL PAGES (INCLUDING COVER SHEET) ADDITIONAL COMMENTS: r r � /Z t 7r: %vc - CGcs L of c I e.., a t r THIS FACSIMILE_TRANSMISSION IS CONFIDENTIAL.IT.MAY BE PRIVILEGED AND IS INTENDED FOR THE USE OF THE ADDRESSEE ONLY, IF YOU. ARE NOT THZ ADDRESSEE; (OR. A PERSON RESPONSIBLE FOR DELIVERING THIS TRAINSMIS,SIbN To THE ADDRESSEE) DO NOT READ, COPY, OR USE THIS TRANSMISSION IN ANY WAY, BUT PROMPTLY CONTACT THE SENDER BY TELEPHONE TO ARRANGE FOR THE RETURN OF THE ORIGINAI DOCUMENT TO US. I . I j 1 � i � 08-26-1997 01:48PM FROM Radzwill & Court Law Offi TO 4418823 P.02 able since a compost contractor relo- possible options available for elimi- r APPROVED a planned unit de- cated its equipment nating the compost pile. velopment agreement with Security Public works member Koh Lind- State Bank of I Maple Lake. The say suggested the council hire two In other action at the meeting, the agreement limii� the use of the prop, temporary workers to burn the com council: erty as a temporary bank facility to post pile. AMENDED the noise ordinance, I8 months. i ■ 1lVr� ht fou sto y..qontinuO discuss agric ura. ran ..'Use A moratorium on the uses of a He said one concern the county At the has from' a planning and land use preset t' board meeting, cultural land in Wright County pres- p g commissioners Pat Sawatzke and ently in effect was focused upon at standpoint is that decisions regard.- 'Ken Jude said they were not in sup - the Tuesday, Aug. 5,:meeting of the mg 'conditional use in the case of > port of the recommendationfor the Wright County Board of Commis- landfills are determined largely by-: administrative, Clerk. position be- sioners.: the Minnesota Pollution Control, cause the Mill of this position Also at the meeting, the board Agency. There is little discretion loft.; should be discussed as part of the discussed the future of the county to the county .board or the planning -budget sessions to be consistent with administrative cleric position, w 5 tent he s hieh� board-^Hiaid, of bring other department requests. was recently vacated. ing this issue forward is not to direct . Commissione{'Dick Mattson said or su est cities to take- a certain the position aeeis to be filled as soon AG USE MORATORIUM lean, but more to suggest that itas possible to ' 7elieve the present The board spent some drrie dis- may not necessanyTie—in_eirinter- .temporary employee. Commis- oussing,the cutrid moratciri on issue anket. reso uttons re- sioner Judie Rbse. said there are agricultural `land ust .in': Wright fkilng landfills 'in Wri, tt County funds in the -bdget to cover the County.,...:: _" ... ormation obtained from Chuck request. She theft moved to accept County attorney Wyiiian• Nelson.' ' Davis from planning and zoning in- the report and recommendation. The said .the moratoriuszi could 'bo ex- dicated that when designation was in motion passed I-2, with Sawatzke tended beyond its year time frame if force, municipal solid waste from and Jude dissenting. individual issues relating to it need residents. amounted .to 32,000 tons to be addressed. per year. He then referenced a report Norman also said as a result, of the fled by FCR Landfill for 1995, re - moratorium, a great deal of conver- ..fleeting a total, of 237,000 tons per, sation and correspondence has been year of solid. waste had been deliv- received from Superior, owners of • ered to the landfill. This would indi- the FRC Landfill. They were op- cote that the landfill is designed for' posed to the passage of the morato- not only the residents of Wright rium and since them, Superior has County but for a much wider area. circulated information to cities and In addition. Davis said the landfall ,. townships throughout the county, 'does not own 350 acres of land at presenting its point of view regard- that site. He said that the planning ing any' counEy actions on agricul- and zoning board and board of corn- tural zoning changes,; : missioners should make sure all AIthoh Nelson said Comas aqt ramifications arc considered. critical of Superior'sactious, he said felLit_�+as tmpnr�fgr`ciiles to .. ADMINISTRATIVE CLERK '. understand that Superior is not the The board also discussed the fu. only�an3f 1)�com any. ture of the' administrative clerk po- ue to the growth of county; it sition. would be possible that a landfill . LeeAnn Goerss had submitted her could be located anywhere that is resignation in the beginning of Au. zoned agricultural throughout the gust At a recent personnel commit- . county. He th 'n showed a map to the. tee meeting, Norman had asked if he board which Tflectcd the immense could advertise for a full-time posi- area of potential sites for landfills. i tion rather than half-time. - 94 The SL Nfichael C aiPproaclted regatdin develop inen; propos- West comer of Hwy. 94.- The council also posal for an Albem which would share s, erty with SL hucirael_ conducted a sewer asz and discussed grant a This and other acts "the Tuesday, Aug. 12 CONN EnVneer Scott Da on behalf ofManassd a concept plan for a cc at the southwest Corr and I-94. Dahlke said comm services and service dents, such as a gas st fast food establishm gested but could be si due to market condid He. said the piann: suggested this propos as a planned unit dent would consider more patterns. I. No input has been r Mvrnnesom..Depamnet tion (MnDOT), Dahl He also said Manan; in a very large am= comer and that a ler. ceived from the Depar Resources (DNR) ver_ to 111 within a flood f The council unaW4r a motion acknowiedi this concept plan. ' GOLF CO? In further news,' ci also said he is reprc�e velopmew Co. regard for a golf course oa;t! Albertville border atX County Rd. 118.,; Dahlke said plans course were formally i Albertville City Counc said Pilot would ria Kadler Ave. but woulc: access for existing res; The council was ink course conditional. use be required The council then u* TOTAL P.02 City of Otsego Engineer's Agenda Items City Council Meeting August 26, 1997 8.1 PUBLIC WORKS ITEMS A. Final payment to Northwest Asphalt Maintenance, Inc. for Rubberized Crack Sealing Consider approval of final payment for 1997 crack -sealing project. The work has been performed adequately. We recommend payment in full for the work performed. B. Final payment to Thermogas, Inc. for dust -control Thermogas, Inc. completed the initial work as directed. Additional work was later requested to maintain other gravel roadways. A breakdown is as follows: Initial work 19,700 gal @ $0.47/gal $9259.00 Additional 3,665 gal @ $0.48/gal $1759.20 work Credit 3,665 gal @ $0.01/gal ($ 36.65) TOTAL AMOUNT DUE: $10,981.55 The additional work was performed to fill gaps where streets were previously spot maintained. We recommend payment in full for the work performed to date. 8.2 PUBLIC IMPROVEMENT PROJECT NO. 95-2 - ISLAND VIEW ESTATES CONSIDERATION OF FINAL PAYMENT The contractor has completed work related to the project. Work remaining consists of touch-up work that may arise after rain events. This is warranty work, and the contractor is required to return to the project, as required, for one year. We recommend payment in full for the work completed on the project. agenda8.11 8.3 WATER REVOLVING FUND -UPDATE -CONSIDER APPLICATION SUBMITTAL We have estimated that it will cost $365 to submit an application for Water State Revolving Fund money. Late breaking decisions are being made at the Federal and State level which may affect the City's eligibility. We will provide an update at the Council Meeting to discuss decisions made by the government. Key issues are whether or not the City of Otsego is eligible for funding? Is there still money available? Changes to the submittal deadline? Again, these decisions have not been finalized by the State, however, decisions are expected to be made by early next week. 8.4 ANY OTHER ENGINEERING BUSINESS agenda8.11 Item 8.1A Owner FINAL PAY REQUEST Nr� " 'vest Asphalt Maintenance, Inc. F )x 172 G, dge, MN 56725 RE: City of Otsego 1997 Public Works Maintenance Projects Rubberized Crack Sealing Bid Amount: $23,100.00 Award Date: June 2, 1997 Completion Date: July 1, 1997 Bid Schedule "A": Estimated Unit Contract Used to Item Description Quantity Price Cost Date Extension' 1 Bituminous Surface Crack and Joint Repair 3500018 $0.6618 $23,100.001$65,752.001B 1 $43,396.32 TOTAL BID SCHEDULE "A": $23,100.00 $43,396.32 " Authorized up to $50,000 by City Council Motion ; AMOUNT DUE CONTRACTOR: $43,396.32 APPROVALS: CONTRACTOR; Certification by Contractor; I certify that all items and amounts shown are correct for the work completed to date. Signed Title // Date E .ER: HAKANNSON ANDERSON ASSOCIATES, INC. ,. Signed.)%''^ JL . ) Title Date OWNER: CITY OF OTSEGO Signed Title Date i OT910-FP.WK4 Page 1 SOLD TO: NORTHWEST ASPHALT MAINTENANCE, INC. R.R. 2 BOX 172 GOODRIDGE, MN. 56725 (218) 378-4298 FAX (218) 378-4672 CITYOTSE CITY OF OTSEGO % HAKANSON ANDERSON & ASSOC. 3601 THURSTON AVE. ANOKA, MN 55303 ORDERED: SALESPERSON: BRI TERMS: NET 30 INVOICE Item 8.1A INVOICE NO: 8499 INVOICE DATE: 07/18/97 07/18/97 PAYMENT DUE: 08/17/97 • NWA -97-01 RUBBERIZE CRACK SEAL VARIOUS CITY STREETS AS DIRECTED - INSTALL AT LEAST 65,752 LBS 0 $.66/LB 43,396.32 --TANK YOU FOR YOUR BUSINESS ! TOTAL 43,396.32 FINAL PAY REQUEST T -nogas Company -iighway 95 NW h....,:eton, MN 55371-5006 RE: City of Otsego 1997 Public Works Maintenance Projects Dust Control (Magnesium Chloride) Bid Amount: $8,685.60 Bid Schedule "A": Estimated Unit Item Description Quantity Price 1. ;Magnesium Chloride ! 18480 IGal 1 $0.47 TOTAL BID SCHEDULE "A": AMOUNT DUE CONTRACTOR: Contract Used to Cost Date $8,685.60 ,Gal $8,685.60 23�3GSX/4 Item 8.1B Extension xPX I o, y f3�.Ss $9,2697e& Iv_,y81,SS P' e9- I of 7 � 1, SS XP'i APPROVALS: CONTRACTOR; Certification by Contractor; I certify that all items and amounts shown are correct for the work completed to date. Signed Title ENGINEER: Signed Title OWNER: Signed Title Date HAKANSON ANDERSON ASSOCIATES, INC. CITY OF OTSEGO Date Date OT910FP.WK4 Page 1 BANK AND BUSIMSS FORMS (918) 684- .W 1 I i CFACTOR�. FILE NO.. ROUTE •^�I APPRO -NEXT 1 I ! DEUVEF. .AiE PREVIOUS SALE NO. CODE METER READING START ! i Thermogm Company 6936 Highway 95 NW Princeton, MN 55371.5006 (612) 444-6541, (612) 389-9048 or 1.800-4884528 Dale �-7 19 NO 31209 Sold to a Qc O �J Addreaa 9 CI 4 r'n►�. ss3-3-a -. RECCCT. B D. BY AAL. .-PRODUCT OUANTTTY PRICE AMOUNT r,httfalO9ttf Gallons Automatically Corrected to EO Doge Fshnnhed 17, 700 �1LX f i �O D I. • �1 dA A.YOUR SALE NO. METER READING -FINISH Thermogm Company 6936 Highway 95 NW Princeton, MN 55371.5006 (612) 444-6541, (612) 389-9048 or 1.800-4884528 Dale �-7 19 NO 31209 Sold to a Qc O �J Addreaa 9 CI 4 r'n►�. ss3-3-a -. RECCCT. B D. BY AAL. .-PRODUCT OUANTTTY PRICE AMOUNT r,httfalO9ttf Gallons Automatically Corrected to EO Doge Fshnnhed 17, 700 �1LX f i �O D I. • �1 dA CYLS. OUT CYLS. IN D.D. TO BE ADDED % IN TANK BEFORE AFTER D.D. TOTAL TO DATE NEXT D.D. DATE TERMS: Due and payable Upon, receipt of ;n•.oica. You may deduct $ if paid within ten days. Gals. Reading - Start 111700 c� j�ow0 Gals. Reading - Finish —�--� Sales Sequence Number Price per Gallon - cents Product Cost Tax Total Price TC -207 Item 8.1B juL f 1 AUG 17 '97 06:41 THERMOGAS OF PRINCETON MINNESOTA 612 389 9069 TO: Item 8.1B P01 � V - K�-� ( k 1 WORK ORDER / INVOICE _ NO. WO - 488681 THERMOGAS COMPANY PLANT NAME: A , NO. ,ISTOMER ACCOUNT # CF NEW ACCOUNT D DD C� NAME: OCA.,) WC = WK= DORESS: DATE: % r �L? -7 7 ZIP: DATE PROM IS CITY: STATE: SERVICE ADDRESS: RECEIVED BY: HOME PHONE: ( ) - WORK PHONE: ( ) INSTALL 0 UNLOCK SERIAL TANK ab IN REMOVE Q LOCK Q LOCK — NON PAY 0 NUMBER SIZE TANK METER METER # READING CYL. REVENUE SIZE CLASS ROUTE =] REQUEST REMEDY OW PRESSURE TEST: START PRESSURE WC END PRESSURE WC TIME H MIN ;H PRESSURE TEST: START PRESSURE PSIG END PRESSURE PSIG TIME HELD MIN _OW TEST PRESSURE WC LOCK-UP PRESSURE WC \S SYSTEM PUT IN SERVICE: YES 0 NO E--] PERFORMED BY: uATE SERVICE TIME WORK PERFORMED 7It 97 COMPLETED AM/PM SERVICEMAN'S SIG.: CASH CHARGE CHECK a NO. CREDIT MEMO 0 i Clot t�t71 h: N , AAit7QW i BC p r, . s G �//cw I I I I I GALLONS IN TANK WHEN INSTALLED I PLEASE SEND ry PAYMENT TO: APPE iclf I!« I 7t TOTAL i I J poser MY TH4s AM ouetr I CUSTOMER'S SIGNATURE: RECEIPT OF THIS INVOICE TC 126 REV. ilj96 TERMS: DUE 8 PAYABLE UPON AUG 18 197 05:04 THERMOGAS OF PRINCETON MINNESOTA 612 389 9069 THERMOGAS COMPANY CUSTOMER ACCOUNT # NAME:c� O ADDRESS: TO: Item 8.1B P01 Z -N] WORK ORDER / INVOICE NO. WO - 4 8 9 3 6 4 Q,, PLANT NAME: ' r I nC00-I"lNO. l K3 NEW ACCOUNT D CF 0 DD= s, �-" WC = WK= DATE: CITY: STATE: ZIP: DATE PROMISED:_ SERVICE ADDRESS: RECEIVED BY: HOME PHONE: ( ) - WORK PHONE: ( ) - INSTALL = UNLOCK SERIAL REMOao,VE = LOCK D LOCK - NON PAY NUMBER_ METER CYL. REVENUE METER # READING SIZE CLASS REQUEST REMEDY C,y_ 4,.i vv► _� b TANK % IN SIZE_ TANK ROUTE roval START PRESSURE WC END PRESSURE WC TIME HELD MIN 'OW PRESSURE TEST: 3H PRESSURE TEST START PRESSURE PSIG END PRESSURE PSIG TIME HELD MIN FLOW TEST PRESSURE WC LOCK-UP PRESSURE WC GAS SYSTEM PUT IN SERVICE: YES NO= PERFORMED BY: DATE SERVICE TIME WORK PERFORMED COMPLETED AM/PM SERVICEMAN'S SIG.: i.. r. ,.,„,•..;.;...••l„-,:;,.:�.,.. CASH CHARGE CHECK NO. CREDIT MEMO D ,I. C Y41. i-{- -„- D I-eY vi 1 Y-\ Y) C,,k ✓ L,04 -�L✓ LT,'ti-I 1 '� I � g►11 ' I � GALLONS IN TANK WHEN INSTALLED J5 7• LEASE SEND L i' _ AYMENT TO: e r 3 5 ' I l�ti .r v 3 (r (�S CUSTOMER'S SIGNATURE: Tp 126 Hr.v. 11196 TERMS: DUE b PAYABLE UPON RECEIPT OF THIS INVOICE FINAL PAY REQUEST Midwest Asphalt Corporation PO Box 5477 Hopkins, MN 55343 RE: Public Improvement Projects No. 95-1 and 95-2 City of Otsego-. Mississippi Shores 95-1 and Island View Estates 95-2 Bid Amount: $539,478.52 Award Date: May 21, 1996 Completion Date: May 30, 1997 Bid Schedule "A": Item Description 1. Mobilization 12. Bit uminous-Pa tching mixture _ - 3. Type 41A Wearing course mixture _ 4. Bituminous material for tack coat TOTAL BID SCHEDULE "A": Bid Schedule "B": Item Description !1. M i2 Cl 3. Re Estimated Unit Quantitv Price ,r Contract Used to Cost Date Extension 00.00 42.05 14.86 20.00 $155,085.00 $125,876.91 Estimated Unit Contract Used to Quantitv Price Cost nate Fxtansinn Mobilization 1 LS $6,000.00 LS $6,000.00 1.0 LS $6,000.00 earingand grubbing 1 LS 2,80_0.00 LS 2,800.00 1.00 LS 2,800.00 Remove concrete driveway pavement _ 25 SY 4.00 SY 100.00 25 SY 100.00 move_bituminous pavement _ 1,130_ SY- _ 1.00 SY 1,130.00 1,15SY_ 1,1_5.8.00 move concrete headwall _ 1 EA_ 150.00 EA_ 15_0.0_0 0 EA_ _0.00 wing concrete pavement (full depth) �- 26 LF_ 4.00 LF 104.00 25 LF_ 100.00 wing bituminous pavementfull depth) 635 LF_ 2.00 LF_ 1,270.00 633 LF 1,266.00 iron pipe culvert _ 50 LF 5.00 LF 250.00 65 LF 325.00 Ivage 12" CMP _ _ 140 LF _ $5.00 LF $700.00 147 LF $7_35.00 15" CM_P_ - _ 294 LF _ 5.00 LF_ 1,470.00 227.5 LF 1,137.50 Ivage and reinstall wood fence - 26 LF_ _ 10.00 LF _ 260.00 0 LF_ 0.00 Iva�c a and reinstall timber _ _ 40 LF _ 25.00 LF 1,000.00 0 LF 0.00 �4. _ 1 LS _ $3,000.00 LS $3,000.00 1 LS_ $3,0 Salvage 75 Ton 65.00 Ton 4,875.00 17.57 Ton _ 1,1 7,550 565 ,0 Ton Gal 1.8.60 1.20 Ton Gal 140,430.00 6,780.00 6,425.53 1,850 Ton_ Gal 119,5 2,2 00.00 42.05 14.86 20.00 $155,085.00 $125,876.91 Estimated Unit Contract Used to Quantitv Price Cost nate Fxtansinn Mobilization 1 LS $6,000.00 LS $6,000.00 1.0 LS $6,000.00 earingand grubbing 1 LS 2,80_0.00 LS 2,800.00 1.00 LS 2,800.00 Remove concrete driveway pavement _ 25 SY 4.00 SY 100.00 25 SY 100.00 move_bituminous pavement _ 1,130_ SY- _ 1.00 SY 1,130.00 1,15SY_ 1,1_5.8.00 move concrete headwall _ 1 EA_ 150.00 EA_ 15_0.0_0 0 EA_ _0.00 wing concrete pavement (full depth) �- 26 LF_ 4.00 LF 104.00 25 LF_ 100.00 wing bituminous pavementfull depth) 635 LF_ 2.00 LF_ 1,270.00 633 LF 1,266.00 iron pipe culvert _ 50 LF 5.00 LF 250.00 65 LF 325.00 Ivage 12" CMP _ _ 140 LF _ $5.00 LF $700.00 147 LF $7_35.00 15" CM_P_ - _ 294 LF _ 5.00 LF_ 1,470.00 227.5 LF 1,137.50 Ivage and reinstall wood fence - 26 LF_ _ 10.00 LF _ 260.00 0 LF_ 0.00 Iva�c a and reinstall timber _ _ 40 LF _ 25.00 LF 1,000.00 0 LF 0.00 �4. Re 5. Re 6. S 7. S_a 8. Salvage 9.-- Sa 10. Salvage 11. Sa ,12. _ Sa �4. Re 5. Re 6. S 7. S_a 8. Salvage 9.-- Sa 10. Salvage 11. Sa ,12. _ Sa OT331 FP.WK4 Page 1 H rt El Item Description Estimated Unit Contract Used to Quantity Price Cost Date Extension 13. Salvage and reinstall yard light 1 JEA 1,700.00 EA 1,700.00 1 EA_ 1,700.00 14. 15. Common excavation 12,700 CY 2.96 CY 37,592.00 12,700 CY_ 37,592.00 Subgrade excavation 4,533 CY _ 2.96 CY 13,417.68 1,038.3 CY_ 3,073.37 16._ Gravel entrance reconstruction _ 52 EA 70.00 EA 3,640.00 50 EA 3,500.00 17. Granular borrow 7,700 Ton Ton 33,495.00 421.36 Ton 1,83_2.9_2 18 Geotextile Fabric Type V stabilization - ---- - 6,565 SY _4.35 0.90 SY 5,908.50 373 SY 335.70 19. Subgrade preparation 103_6 RS 75 RS - 7,770.00 103.6 - RS --- 7,770.00 M. ?1. Aggregate base, Class 5 _ 11,920 Ton 5.34 Ton 63,652.80 10,762.69 Ton 57,472.76 Type 41A Wearing course mixture 2,710 Ton 19.20 Ton 52,032.00 Ton 52,775.81 !2.__ Type 31 B Base course mixture 3,650 Ton 18.35 Ton 66,977.50 _2,748.74 3,387.72 Ton 62,164.66 >_3. ?4. 2" Bituminous wearing course drivewa 1,170 SY 5.75 SY 6,727.50 1,238.3 SY_ 7,1_2_0.23 Bituminous material for tack coat _ 1,750 Gal 1.20 Gal 2,100.00 400 Gal 480.00 ?5. Relocate mailbox 71 EA 60.00 EA 4,260.00 71 EA_ 4,260.00 ?6. 15" RC pipe culvert, Class V -'-RC, 326 LF 19.40 LF 6,324.40 336 LF 6,518.40 ?7. 16' pipe culvert, Class III 44 LF 22.65 LF 996.60 36 LF 815.40 ?9. 30. 31. RC pipe culvert, Class III 32 LF 34.60 LF 1,107.20 32 LF 1,107.20 30" RC pipe culvert, Class III 40 LF 38.40 LF 1,536.00 40 LF 1,536.00 4,809.60 15"CM pipe culvert _ 432 LF 14.40 LF 6,220.80 334 LF 15" RC pipe apron - 16 EA_ 375.00 EA 6,000.00 16 EA_ 6,000.00 32. ' 18" RC pipe apron _ 2 EA_ 450.00_ EA 900.00 2 EA_ 900.00 33. 27" RC pipe apron - 2 EA_ 550.00 EA 1,100.00 2 EA_ 1,100.00 34. 30" RCpipe apron 4 EA 600.00 EA 2,400.00 2 EA 1,200.00 35. 15" CM_pipe apron _ 18_ EA 130.00 EA 2,340.00 16 EA 2,080.00 _ 36. 37. ___ 38. Salvage and reinstall 15" CMP 501 LF 12.00 LF 6,012.00 465.5 LF 5,586.00 336 _ ,0.00 3,330.00 Extend_culvert _ _ 12 EA CY 240.00 EA 2, 14 A E_ Random rip rap CL 3 w%geotextile fabric 55.5 _ 60.0_0 CY_ _880.00 3,330.00 55.5 39. Furnish and install sigg pp el stop) 1 EA 145.00 EA_ 145.00 1 _CY EA_ 145.00 40. _Furnish and install sign panel (left turn 1 -f EA 140.00 EA 140.00 1 EA 140.00 41 Furnish and install sign panel (right turn) EA $140.00 EA $140.00 1 EA_ $140.00 42. Furnish and install sign panel hill 1w percent grade -8%) 1 EA 140.00 EA 140.00 1 EA_ 140.0_0 43. Furnish and install sign panel trucks use lower ear 1 EA 140.00 EA 140.00 1 EA 140.00 44. Furnish and install sign panel (speed limit plaque) 1 EA_ 60.00 EA 60.00 2 EA 120.00 45. Furnish and install sign panel (dead end) 1 EA 140.00 EA 140.00 1 EA 140.00 46. _ Furnish and i_n_stall sign panel (ntlet o ou__ _ -Salvage 1_ EA 140.00 EA 140.00 0 E_A_ 0.0_0 47.- and reinstall sin 20 EA 46.00 EA 920.00 20 EA 920.00 48. Bale check (per bale) I 100 EA 5.40 EA 540.00 19 EA 102.60 OT331 FP.WK4 Page 2 Item Description Estimated Unit Contract Used to Quantity Price Cost Date Extension 49. - SiltIt fence, re -assembled 2,300 EA $1.90_ EA $4,370.00 120 EA_ _ $228.00 50. Bituminous lined flume 7.5 SY 31.00 SY 232.50 32.5 SY_ 51.Tem�orar r�rock construction entrance 3 EA 188.00 EA 564.00 0 EA __- 0.0C 2,554.2( 627 Mulch material, Type 1 25 Ton 110.00 Ton 2,750.00 23.22 Ton 53. Seeding 12.6 Acre 98.00 Acre - 1,234.80 8.4 Acre 823.2( 54. Seed Mixture 800 650 LB 2.15 LB 1,397.50 650 LB _-1,397.5C 55. Disk anchoring 12.6 Acre 32.40 Acre 408.24 - 8.4 Acre _ 272.1 E 56. 57. 58. Wood fiber blanket,_type regular_ Wood fiber type high velocity _ 6,125 SY 1.10 SY 6,737.50 7,500.00 6396.17 1246.4 _ _ 2.13 SY SY Ton 7.035.7E 1,869.6( 681.6( 5,000 SY 1.50 SY Commercial fertilizer, 20-10-10 3.25 Ton 320.00 Ton 1,040_00 TOTAL BID SCHEDULE "B": $384,393.52 $309,898.69 Change Order No. 1 24,037.58 24,037.58 Change Order No. 2 9,740.00 9,740.00 $418,171.10 $343,676.27 SUMMARY OE WORK -PERFORMED TO DATE' TOTAL SCHEDULE "A": TOTAL SCHEDULE "B": TOTAL OF WORK: Less Pay Estimate No. 1 Less Pay Estimate No. 2 Less Pay Estimate No. 3 AMOUNT DUE CONTRACTOR: OT331 FP.WK4 Paste 3 $125,876.91 343,676.27 $469,553.18 --(258,107.81) (140,394.34) (44,932.03) 26,119.00 N APPROVALS: CONTRACTOR; Certification by Contractor; I certify that all items and amounts shown are correct for the work completed to date. Midwest Asphalt Corporation Signed Title Blair B. Bury,Vice PresiLt Date ENGINEER: Signed Title OWNER: Signed Title HAKANSON ANDERSON ASSOCIATES, INC. CITY OF OTSEGO Date Date OT331 FP.WK4 Page 4 Claims List for Approval MUNICIPAL OF CITY OF OTSEGO For the period 08/19/97 to 08/19/97 06/19/97 } _ CLAIM TOTAL ACCOUNT ACCOUNT =' TO WHOM PAID FOR WHAT PURPOSEDATE NUMBER CLAIM NUMBER AMOUNT ;� DJ'S TOTAL HOME CENTER SUPPLIES 08/19/97 2760 -44 .b !i 101-43100-220 48.06 • RIVER VALLEY LUMBER INC PARTS & SUPPLIES 08/19/97 2762 60.71 101-43100-220 60,71 e� z LONG LAKE TRACTOR. EQUIP QIL %+a ' }s: a £ C ': `•-� Y `:08/1 /9 2 - - 9) • ZIEGLER INC `r '�� r�P,ARTS INVOICE1120 irk �'�E•:JULY 08/19/97 2764 127.33 101-43100-220 127.33 0 • NORTHERN AIRGAS•: �;; SUPPLIES 08/19/97 2765 11.23 101-43100-220 11.23 zl to NAPA OF ELK RIVER INC PARTS 08/19/97 66 72.29 101-4JI00-220 ++ H G WEBER OIL COMPANY DIESEL FUEL 08/19/97 2767 642.56 101-43100-202 642.56 '• +2 WRIGHT COUNTY AUDITOR -TREASURER AUGUST PATROLLING 08/19/97 2768 8,395.00 101-42100-390 8,395,00 "• ,9 +3 AFFORDABLE SANITATION SERVZCES FOR AUGUST '08/1 / - - ,>I 101-45200-440 127.80 ° +° WRIGHT COUNTY "AUDITORTREASUREi �,'I LTSTIN6 OF-•ROGERS FIRE':,-'' >08/19/97-2770 12.00 101-41400-310, - 12.00 12C +° CORROW TRUCKING JULY RECYCLING 08/19/9 2771 - - ,[i .i Z,l +� ABDO ABDO & EICK AUDIT FINAL 08/19/97 2772 1,000.00 101-41600-304 1,000.00 z2 to - ED'S FENCE REPAIR & REPLACE FENCE 08/19/97 2773 750,00 101-41940-403 750.00 z' z +• ECM PUBLISHERS INC-•; ' u+ Y;s r,y s+ ,8/6f97:PRINTING 08/19/9 2 4 1 -41400-350 17l 2C BONESTR00: ROSENE,ANDERLIK & ASSOC 'FACILITIES PLAN 08/19/97 2775 1,925.00 101-41560-302 1,925.00 25 12-.j2 _+ GARY A. GROEN, CPA. - JULY. SERVICES 08/19/97 2776 1,200.00 101-41600-390 1,200.00 22 LEAGUE OF MN CITIES INSURANCE TRUST W/C ANNUAL PREMIUM 08/19/97 2777 4.075.00 101-41400-204 4. 2W ZJ BANNERWORKS FAMILY FUN DAY SUPPLIES 08/19/97 2778 191.70 101-45200-440 191.70 30' 24 CORROW LAWN & IRRIGATION SPRINKLER REPAIR - 08/19/97 2779 33.50 101-41940-403 33.50 "! 30 27 WELTER'S: -INC::; ••-" '- •_' •;PARTS';:-� •.; ''SUPPLIES -.08/19/97 278 14, - - 3� 2• GLENS TRUCK CENTER'INC -08/19/97 2781 ,:. 117.49 101-43100-220 117.49 ,•� 27 CROW RIVER FARM EQUIPMENT.. '.'--"" ``SUPPLIES- - 08/19/97 2782 56.18 101-43100-220 56.18 '� 2e ROGERS RADIATOR REPAIR REPAIR 08/19/97 2783 155.00 101-43LOO-220 5J. v3 71 Zs FIRSTAR CORPORATE TRUST SERVICE FISCAL FEES FOR 2/1/87 BOND 08/19/97 2784 118.00 301-47500-603 118.00 °r ao ELK RIVER AREA CHAMBER OF COMMERCE DUES 97 - 98 08/19/97 2785 185.00 101-41100-355 185.00 °'a . 31 EAST SIDE LEASING CO.'COPIER LEASE 08/19/9 2786 1- - ., 32 NORTHWEST ASSOCIATED CONSULTANTS JULYSERVICES, 08/19/97 2787 6,532.17 "101-41570-303 2,099.16 •z' 101-41570-303 268.15 •7 77 101-415/0-303 701-41570-303 2,664.86 •Q1 HAKANSON ANDERSON ASSOC INC JULY SERVICES 08/19/97 2788 23,324.41 701-41560-302 10,217.67 .°I •71 •528.12 3• K & K SALES REPAIR WEATHERSTRIP DOORS 08/19/97 2789 -- 528.12 101-41940-402 scl JV ST CLOUD RESTAURANT SUPPLY 'SUPPLIES - 08/19/97 2790 89.29 101-41940-203 89.29 7'I }z •o WENDY .I. DEANE ESCROW REFUND , - U- 1 000.uo33, •, HARLIE PRIVETTE REFUND OF DEPOSIT 08/19/97 2792 90.00 101-39500- 90.00 74' 42 GENEVIEVE NICKOLAUSON REFUND OF DEPOSIT 08/19/97 2793 90.00 101-39500- 90.00 75f 43 LINDA GEIST REFUND_ 1 101-39500- 180.00 77i •� JASON KRAATZ REFUND OF. DAMAGE DEPOSIT 08/19/97 2795 380.00 101-21803- 400.00 set 47 101-39500- -20.00 79, 901 •9 •'7 91' I•e TOTAL FOR MOMTH 53,363.85 53.36'+.35 I°Ji 9 ' •9 TOTAL YEAR TO DATE 53.363.85 53,363.85 9}. �64' 99. 7 s� s. 99. ;>c. !>• 771 73. 137