07-86RESOLUTION NO.: 2007-86
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION REPEALING RESOLUTION 2007-40 ESTABLISHING FIVE -TON
WEIGHT RESTRICTIONS FOR A PORTION OF 77TH STREET WITHIN THE CITY OF
OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY RESOLVE:
WHEREAS, the 77th Street between the west of Jalger Avenue is a public street
under the jurisdiction of the City of Otsego; and,
WHEREAS, 77th Street was constructed 77th Street NE was constructed in October
1994 as part of a cooperative experimental project between the Finnish National Road
Administration and several units of Minnesota government including the University of
Minnesota's Center for Transportation Studies, the Minnesota Local Road Research Board,
Wright County, Stearns County, Benton County, Sherburne County MnDOT and the City of
Otsego; and,
WHEREAS, prior to the Finnish Overlay Paving project, this section of 77th Street
was reconstructed along with the Mn/ROAD Research Project located to the south and west
by subcutting 2 feet to remove unsuitable soils and replacing with good subgrade soil, 4
inches of Class -5 aggregate and 2 inches of Class 1 surfacing aggregate; and,
WHEREAS, as part of the cooperative Finnish Overlay project a 2 inch layer of the
Finnish oil gravel mix was placed on an additional 6 inches of Class 5 aggregate base and
surface was built to 22 foot wide with 1 foot wide shoulders for this section of 77th Street;
and,
WHEREAS, tests were taken on the in place soils of this section of 77th Street and
found to have R -values between 8 and 12, indicating a soft subgrade; and,
WHEREAS, this section of 77th Street was constructed in numerous test sections
varying in thickness to determine which area will maintain a passable road condition the
longest; and,
WHEREAS, this section of 77th Street constructed during this experiment does not
meet the City of Otsego's current commercial/industrial street section established by the
adopted City Engineering Manual; and,
WHEREAS, this section of 77th Street has already required maintenance and
patching due to some sections failing; and,
WHEREAS, the City Council directed at their meeting on 11 June 2007 that this
section of 77th Street be designated as a minimum maintenance street as part of the City's
Annual Street Maintenance Program; and,
WHEREAS, two properties recently annexed to the City access to this section of 77th
Street; and,
WHEREAS, the proposed Minnesota Native Landscapes, Inc. development is a
commercial wholesale business related to restoring wetlands, woodlands and shorelines;
and,
WHEREAS, the opinion of the City Engineer, Hakanson Anderson Associates, Inc., is
that 77th Street in its current condition does not have the capability to support heavy truck
traffic generated by a business such as Minnesota Native Landscapes, Inc., whether
proposed in the City of Otsego or Monticello Township; and,
WHEREAS, use of this section of 77th Street by a business such as Minnesota Native
Landscapes, Inc. has the potential to cause damage to the public street outside of expected
normal wear increasing the burden on the City's Public Works Department and City budgets
for Street maintenance and construction.
WHEREAS, Minnesota Statues 169.87 allows Cities to prohibit the operation of
vehicles upon any such roadway or impose restrictions as to the weight of vehicles to be
operated upon any such roadway, whenever any such roadway by reason of deterioration
will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or
the permissible weights thereof reduced;
WHEREAS, the City Council adopted Resolution 2007-40 establishing a fide ton
weight restriction for this section of 77th Street; and,
WHEREAS, as a condition of annexation, Minnesota Native Landscapes, Inc. shall
be required to enter into an agreement to provide for an overlay of 77th Street to a
specification as determined by the City Engineer within three (3) years of a certificate of
occupancy being issued for a building on their property or earlier if determined necessary by
the City Engineer; and,
WHEREAS, said agreement addresses the use of 77th Street by Minnesota Native
Landscapes and the existing substandard condition of the roadway to the satisfaction of the
City Council.
NOW THEREFORE BE IT RESOLVED THAT, Resolution 2007-40 is hereby
repealed.
MOTION BY: CM Vern Heidner
SECOND BY: CM Jessica Stockamp
ALLINFAVOR: Mayor Fournier;CM Heidner, CM Stockamp
and CM Thorsted
THOSE OPPOSED: NONE
ADOPTED by the Otsego City Council this 26th day of November, 2007.
CITY OF OTSEGO
Attes . Wn
J d H s oning Administrator/City Clerk
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