04-76RESOLUTION 2004-76
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
RESOLUTION AGREEING TO CONDITIONS FOR WRIGHT COUNTY
ALLOWING A TEMPORARY EMERGENCY ACCESS TO THE MISSISSIPPI
COVES FINAL PLAT.
WHEREAS, the City Council approved the Mississippi Cove Final Plat on
22 November 2004; and,
WHEREAS, approval of the final plat was subject to seven stipulations;
and.
WHEREAS, one of the stipulations required the developer to secure a
second vehicular access to the plat from CSAH 39 to ensure public health, safety
and welfare; and,
WHEREAS, Wright County intersection spacing requirements to CSAH 39
dictate future street intersections in the area of the plat at Mason Avenue and
Nabor Avenue; and,
WHEREAS, the developer has secured necessary easements from the
abutting property to the west to allow extension of a public street intersecting
CSAH 39 at Mason Avenue; and,
WHEREAS, the location of a potential future street intersection at Nabor
Avenue and CSAH 39 is outside the boundary of the plat; and,
WHEREAS, the developer has made a good -faith effort to secure the
rights to extend a street to intersect CSAH 39 at Nabor Avenue but has been
unable reach agreements with the property owners; and,
WHEREAS, the developer has made a good -faith effort to secure rights to
use of an existing driveway accessing CSAH 39 immediately east of the plat but
has been unable to reach agreements with the property owner; and.
WHEREAS, the developer met with City Staff and Wright County Staff on
8 December 2004 to discuss alternatives for extension of a secondary access;
and,
NOW THEREFORE, BE IT RESOLVED THAT, the City Council of the City of
Otsego agrees to the following conditions for Wright County approval of a
temporary access permit for a second access to the Mississippi Coves Final Plat:
1. The developer shall provide for construction of an access corridor from
96th Street to CSAH 39:
a. The temporary access corridor shall be surfaced with a material
approved by the City Council constructed to specifications
approved by the City Engineer.
b. The location of the temporary access corridor shall be subject to
approval of the City Engineer within the Plat and Wright County
within the R -O -W of CSAH 39.
C. The developer shall escrow funds for the removal of the temporary
access corridor as provided for by Item 4.d below.
2. A barrier approved by the City Engineer preventing use of the temporary
access corridor by routine traffic shall be provided:
a. The barrier shall allow for access by emergency vehicles from
CSAH 39 to 96th Street.
b. The barrier shall allow for access by typical passenger vehicles
from 96th Street to CSAH 39 in the event that escape from the Plat
is not possible at Mason Avenue.
C. The barrier shall be located within Outlot B of Mississippi Cove as
approved by the City Engineer.
3. The temporary access corridor shall be maintained by a Home Owners
Association (HOA):
a. The temporary access corridor shall be passable at all times.
b. The HOA shall provide for removal of snow from the temporary
access corridor within 12 hours of a two and one-half inch or
greater snow event.
C. Failure to remove snow as required may result in issuance of an
Administrative Notice or Administrative Citation and imposition of
Civil Penalties in accordance with Chapter 2, Section 5 of the City
Code for a nuisance effecting public safety.
4. It is the intent of the City that upon subdivision of PID 118-500-1100
(Grotte) allowing for extension of 96th Street to an intersection with CSAH
39 at Nabor Avenue that:
a. Dedication of right-of-way and construction of 96th Street across
PID 118-500-1100 (Grotte) from the west property line to Nabor
Avenue shall be a condition of Wright County access approval at
Nabor Avenue.
b. The City shall require extension of 96th Street across PID 118-500-
181101 (Adamski) and removal and restoration of the existing
private driveway accessing CSAH 39.
d. The temporary access corridor to Mississippi Cove within the right-
of-way of CSAH 39 shall be removed and restored.
ADOPTED by the Otsego City Council this 27th day of December, 2004.
CITY OF OTSEGO
•��ier, Mayor
Attes .
ds n, oning Administrator/City Clerk