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
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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
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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
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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:
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i
DATE-.
TIME :
AM/ PM
TOTAL PAGES
(INCLUDING
COVER SHEET)
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L of c I e.., a
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THIS FACSIMILE_TRANSMISSION IS CONFIDENTIAL.IT.MAY BE PRIVILEGED
AND IS INTENDED FOR THE USE OF THE ADDRESSEE ONLY, IF YOU. ARE NOT
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TRAINSMIS,SIbN To THE ADDRESSEE) DO NOT READ, COPY, OR USE THIS
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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. •
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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. •
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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
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PAYMENT TO:
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TOTAL
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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
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START PRESSURE
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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
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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