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07-17-91 Planning Commission MINCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT SPM Chairman Ing Roskaft called the meeting to order at BPM, and asked for consideration of the minutes of July 17, 1991. Larry Fournier brought up that the motion to continue the Hearing on Riverwood Conference Center to July 17, 1991 was not in the minutes. Larry Fournier motioned to accept the minutes of July 3, 1991, with corrections. Motion seconded by Mark Wallace. All agreed. Mark Wallace motioned to accept the minutes of June 26, 1991. Bruce Rask seconded the motion. All agreed. Members present were as follows: MARK WALLACE BRUCE RASK CARL SWENSON LARRY FOURNIER ING ROSKAFT JIM KOLLES KATHY LEWIS Staff members present were as follows: DAVE LICHT BOB KIRMIS ELAINE BEATTY JUDY HUDSON Council member Doug Lindenfelser was also present. Roskaft announced the continuation of Riverwood Conference Center's Hearing and gave the floor to Dave Licht. Licht stated that there are three items being considered on the application before you. One has been considered and has been already acted upon it is the inclusion of a PUD, Planned Unit Development text amendment to the Ordinance. The Commission voted to include that as a Cond Use Permit as well as Zoning District Permit at the last meeting. The second matter in general terms that is before you is applying a PUD Zoning District to the property defined as the Riverwood Conference Center, and the third aspect of the request is the uses that can take place within the Riverwood Conference Center. Initally the only consideration for expansion was the restaurant as a public facility. Since the last meeting it has been clarified that there are three expansions actually being considered: 1. Restaurant as a public use 2. Pacos River Operation 3. Conversion of meeting rooms (Bluff House) into guest rooms (NAC's Report said 12 - It was decided that the actual number was 13 - will be checked out) Michelle Laverenz stated that the renovation of the handicapped ramp would allow for six rooms, and the nine rooms above the meeting room already has a permit from Wright Co. and footings have been poured, plus three more rooms for eighteen total rooms. Which would be nine additional rooms that have not been approved. Licht stated that since last meeting there has been a request to clarify property ownership (See Pink Memo from NAC's office attached). It identifies the parcels of land that constitute Riverwood Conference Center. Two pieces of property were identified as not being reported with the County as part of the Riverwood Conference Center. Those were CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT SPM - PAGE 2 - 1) The access drive, Wright Co has it recorded to Robert Saxton and Stewart Turnquist (The City Atty has clarified it as being owned by the Pattern Station, Inc.) - 2 Acres. 2) The 11 Acre Parcel (Has been awarded to Arlene DeCandia and the City Atty feels it is only a matter of formality to have it recorded and feels it is not necessarily a basis to halt the action). Licht stated that the first thing the Commission needs to take up is a clarification of what we are considering in the over all request. There will be a contract written between the City of Otsego and the owner and it will specify what uses are there today and what will be allowed. Licht stated he feels the 11 Acres should be part of the PUD. As part of the PUD the City has control and very specifically specifies what activities take place on it. If it is not part of the PUD it falls out of the jurisdiction of very specific controls of items that are being pursued. What action is taken is the Planning Commissions jurisdiction. You should decide if it should be considered. You should discuss and make a resolution as to what expansions are appropriate. At this point the meeting was turned back to the Planning Commission. Roskaft asked if the Planning Commission wanted to consider the uses before the PUD. Licht stated that the property ownership clarification is the first thing that needs to be decided. Kathy Lewis motioned to consider the request without ownership being recorded. Mark Wallace Seconded. Stewart Turnquist asked if it is open for audience input. Larry Fournier said he feels we should let them talk. Turnquist said that there is no doubt in his mind that the residence 11 acres was awarded to Arlene DeCandia and those are two separate pieces and that there be no confusion that the Judge met to bring the residence and Riverwood Conference Center together. Roskaft asked if the Pattern Station owns the Conference Center? Stewart Turnquist said the Pattern Station, Inc owns Riverwood Conference Center. Jeff Brock, Attorney for Riverwood Conference Center stated that he disputes what the Judge said and the Planning Commission should read the Judges own words. Brock stated that he is happy that there is no question in ownership. Licht stated that ownership is in question now, not utilization. In terms of ownership, that the two properties are given to two separate entities. The question before you is the justification or the ability to proceed. Roskaft asked for any further discussion. All Planning Commission Members agreed. Roskaft stated he has some letters and wanted to know if they should be read or incorporated into the minutes without CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT SPM - PAGE 3 - reading. What does the Planning Commission want to do? Elaine Beatty read the letters that had been received. (See attachments to minutes). A resident asked if these Banks that wrote letters have interest in Riverwood? Tom Welch, Director of Operations at the Conference Center wanted to submit some information - A petition from employees of Riverwood. Also surveys taken in 1988 and four names of people who called City Hall in support of the restaurant at Riverwood being open to the Public. Welch stated that he would like these items to go on record. Chris Wallan stated that the benefit of a good restaurant is not the issue. It is being in a residential area that is a problem. Tom Welsh pointed out why the restaurant should be open to the Public: 1. Demand from the community 2. Response to focus group 3. Surveys of 1988 4. Petition of Employees 5. Also create better paying, stable jobs in the community and new jobs. 6. Size of the restaurant will not increase 7. Dining with reservations only (See File PC -71991) CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT OPM - PAGE 4 - Mr Welch stated that there will be times when we will be unable to open to the public. The reason we are looking for a Liquor License is because we are only looking to control the liquor. It will not be a late night facility. We want a first class operation everyone can be proud of. Gina Radjenovich stated she is concerned that a lot of neighbors weren't there in 1988 when the survey was taken. John Evans said he lives on #39 and is concerned with traffic. I have four kids and I don't want to worry about my kids. Welsh said the added traffic will not increase significantly as we only seat so many people. There will be no dramatic increase. Mae Spencer stated that they are talking about people staying at the Conference Center and I feel there will be more traffic. Joel Radjenovich stated that even with minimal traffic we don't need a restaurant. I live below the Conference Center and they have proposed expansion. Will the septic system handle this influx? I don't want my groundwater contaminated. The restaurant has been open to the public before. I know people that have used the restaurant. Dave Licht said that the parking lot would need to be expanded. Radjenovich continued and said he is concerned about cars dripping oil, etc, and it running into wetlands. I suggest a collection point. If a bar and lounge is put in, 19 and 39 is a dangerous intersection. Influence of alcohol will cause accidents. Michelle Laverenz stated that the septic system was the largest septic system in Wright County and it will be looked at at the time of expansion. We have had several calls for dining on a daily basis, but we turn them down. Licht said the septic, parking lot, drainage is important, but will be reviewed before the permit is granted, but those are technical details. Chris Wallan said she has trouble trusting Riverwood when they tried to open the restaurant, the people in the area did not support it. She said she received a letter saying there is already a restaurant there. (See attached) She said that their inconsistency shows they don't do what they say. Walsh said the hours are to 1AM, but will be open until about IOPM. Radjenovich said that this drainage and other items is part of the PUD. Licht said it will all have to be looked at at the time of permit, and can be part of the contract. Bonnie Lee said her concern is what they will say and do are different things. We were asked to leave even though we were told that we could use the facilities. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT SPM - PAGE 5 - Paul Johnson stated that we are hearing a lot of conflict. Glen Posusta said he lives in Island View Estates and the jogging path that Riverwood gives out includes Island View Estates Streets. Why? Public roads are public roads. Walter Lee of Island View Estates said on Friday nights I hear music at my house 1,000 yards away. Steven Surep said he is an employee and has been an employee for over a year now and they are not expanding. The type of restaurant is not a dance hall or bar. It will be a first class restaurant. Shiela Greninger said that she worked at Riverwood and that she has cooked for over 200 people at one time at this facility for a wedding. John Adams stated there is a whole different attitude for people who work or go and have a night out. Walsh said it won't be drink promotions, but business people. Mark Haney of Island View Estates asked if Riverwood is proposing a lounge? Answer, Yes. Clientele for business have a different attitude on business, but it only takes one drunken driver. (there was a big applause). Roskaft brought it back to the commission for discussion. Don Greninger stated that he was at a Comp Plan Meeting two weeks or so ago and up in our area there should be no Commercial Businesses. He said the decision should be no problem. (Applause). Kathy Lewis said this is a complex issue. Mark Wallace had a question for Licht. Will the restaurant and these items be individually discussed and we will decide yes or no and decide if we will have a PUD for Riverwood? Licht said the reason you are approving it on this basis is what happens to be a major issue is the activities that will take place at Riverwood. The activities you decide on will be addressed in the PUD. With the number of structures on the property, there is no other way to handle it. The major concern is what are the activities allowed. Presently, the area the restaurant is located in is B-2 Commercial. Someone asked if that means it is a public facility? Licht said no. The County should have insisted long ago that they are public land with the primary use, a resort. The restaurant exists as an accessory use to the Conference Center, not a public restaurant. Can Riverwood allow this to operate as a separate use from the Conference Center? Carl Swenson said considering the restaurant public or not, the question that bothers many, is not weather it is a good restaurant, but where it is located. The Comp Plan says that the land South of #39 is to be rural and the land N of #39 is the most restricted Residential area in the City, and obviously this request is CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT 8PM - PAGE 6 - opposite of the intent of the Comp Plan. It was put in as a resort by the County. Is it right to expand use to allow it to be open to the public? The Conference Center does attract a different clientele than a restaurant and in my view we should not recommend approval of the public restaurant. Mark Wallace said he agreed because of the Comp Plan. There are many Home Extended Businesses and if we open the door for one business, we open it to anyone else who requests it. I feel it should not be a public restaurant. It should be allowed to continue as a Conference Center. Larry Fournier said his concern is that opening the restaurant to the public it might spoil their reputation they have. We have some unanswered questions. I have a hard time making a decision he said. I would like some of the other questions answered. Roskaft asked what questions? Fournier said how much traffic will there be? How much extra noise? Carl Swenson motioned to recommend denial of the public restaurant. Mr. Welch said in answer to Larrys question the traffic will be minimal. Mark Wallace seconded the motion. Roskaft asked if there was any more discussion. Licht said the traffic generated by Riverwood is not a problem. It is a major arterial street. Traffic is not in Licht's opinion a problem. Noise is more applicable. Larry Fournier asked if we approve the public restaurant and it doesn't work out, what recourse do we have? He asked Licht if he saw any problems? Licht said assuming that we are only going to be opening the restaurant to nine PM to serve and to ten PM for the lounge. That will be in the PUD Contract. Conditions of approval of opening time can be built in. Outdoor activities can be built in also. I assume that once opened to the public I don't think you can say six months and then later say "no" you have to stop, once it is granted, it's granted. Ing Roskaft asked for further discussion. Motion carried, with Bruce Rask opposing. This is the recommendation to the City Council. In six months they can come back again (Riverwood). Licht explained the procedure. When the Planning Commission concludes the Hearing it will normally be two weeks before it comes before the City Council. The Pacos River Activities were taken next: Roskaft asked for audience comments. Mike Cyphers is opposed to the rope courses on the eleven acres. It would interfere with my life style and make noise he stated. Mr Johnson wanted to have Pacos River Activities explained. It was stated by Riverwood that they will have Clients come to Riverwood and go thru an experiential learning activities. They have activities that they do: 1. WALL - three people harnessed together and climb 30' on pegs as a team. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT SPM - PAGE 7 - 2. ZIP LINE - Is a 50' pole, people are harnessed and run down the zip line. 3. POLE AND BELT - Climb 40' pole and stand on top of pole for 60 seconds learning more about themselves. 4. TRUST WALK - Blindfolded and run thru an obstacle course lead by a partner. That is what Pacos does. All of these poles and ropes are secured when not in use. So there is no threat of unauthorized use. Pacos River has expressed an interest for more low impact use. Joel Radjenovich has been involved in this training for years he stated, and it becomes loud and boisterous. This is another form of the Conference Center Expansion he said. Paul Krause, a friend and business consultant of Arlene DeCandia's for a few years stated that Arlene has built a business of a lot of top companies in Minneapolis that come out here. If the noise would get to you (neighbors) it would get to the corprate neighbors first. Arlene would be the first to say she would make some adjustments. Micci Felber - Island View Estates stated that the corporate neighbors would be able to go home, we have to stay here. Arlene DeCandia - I've come to these meetings year after year. I understand the neighbors (Riverwood is 75 employees). We are trying to crete a continued, successful business. Conference Centers have increased 400% since we started. The world has changed. Other Conference Centers have rope courses and we need to respond to them. We want to work with your. Do we have complaints? It was built long before you were here as neighbors. Something is missing here. We are asking for this because market demands it, etc. Doug Moline - From Island View Estates said we are not disputing it's a great area. Joel Radjenovich - Rope areas are in enclosed areas? The Attorney for Riverwood said the rope course is not a Commercial use. I don't feel one time a week, mid day 11-4PM hours, is it asking all that much? Mike Cyphers asked if it is generally 11 to 4PM? Arlene DeCandia said if the Client wants to bring people to Riverwood and stay later, it may happen. Chris Wallan - I moved here for quiet and peace. I haven't complained so far. Arlene DeCandia - We've been here for thirteen years. A lot of people moved in after the fact. Mae Spencer said nobody has argued the Conference Center. Paul Krogstad - The Conference Center has changed. They are having to look for new answers. It is a part of conferencing. Arlene DeCandia said we will loose business $225,000.00 from Cargill, Honeywell, Land O'Lakes, and others. Our CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT 8PN - PAGE 8 - financial well being will be jeopardized. They have to go elsewhere after having meetings. Bruce Rask asked about noise to Mike Cyphers and another resident. Tubers make a lot of noise. Answer: We don't hear tubers above the bluff line. They are here and gone in no time. They don't bother us. Arlene DeCandia - May thru October is when they use the rope course. It was asked if Riverwood runs it? Arlene said "no" They are not versed in that. A neighbor asked about going to an Industrial Park with the rope course. Arlene said "No", they want the beautiful, natural setting. We need your help. It's a fine line as far as residents nearby. Questions were had by Johnsons with the bell on the rope course. Arlene said we need some help and support to survive. Don Greninger - said how many employees do you have that are within one-half mile of the Conference Center? Answer: More than one or two. Greninger stated that they had fired the neighbors that were employees, One of the present employees stated that he would like to say that he spends a lot of money at Tom Thumb and different areas. We have had many of the same employees for 12 to 13 years. Kathy Lewis said she is completely unfamiliar with the rope course. Johnson stated that the beauty of Riverwood would be blown by the course. If not visible from the road, no problem. Arlene said that what was described for you for the rope course is the worse case scenario. These are temporary. Mark Wallace asked if Pacos River Program is put under the PUD could there be a trial period? Licht said it would be possible. It could be a contingency. It may riot work out with the applicant. Riverwood is also a property owner and business. They could have influx of noise from their neighbors said Bruce Rask. Licht said a concern he has is your decision relates to land use harmony, not economics. Carl Swenson said that most of us recognize that Riverwood is a good conference center and that they do a good job. The problem is we are talking about what it is going to become, not what it has been. Are we going to accommodate Commercial Use in this area? Comprehensive Plan says no,and we will do everyone a favor if everyone has the same rules and we all know what they are. Stewart Turnquist had a question for a member of Riverwood. Will there be expansion into the eleven acres? Arlene said there are no houses down there, it's floodplain and secluded. The rope course would be put in the CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT SPM - PAGE 9 - middle of eleven acres. Leon Ohman - Pointed out where -the course would be. Stewart suggested the Planning Commission go to the site. Doug from Island View Estates said if it is going on the West side, where will they be? The low initiative would be on the West end of the property. Nothing would be constructed on the West side. We will put it below the bluffline. Kathy Lewis commented that some of these types of activities are resort type of activities. I'm in favor of considering some of these under PUD, not necessarily walls and poles of that height. Larry Fournier said he believes it is Wild and Scenic and is it allowed? Light said he feels it is recreational which is allowed. Leon said we can get permits from the DNR. Bob Spencer asked if you can decide this issue before deciding how land is zoned? Roskaft said everything will be in PUD and we are discussing activities within that PUD. Bonnie Lee - I'm not concerned about seeing a pole. I'm worried about noise. Arlene said groups have been doing initiatives before. Lee said I live next door and I don't want extra noise. Roskaft asked for a decision. Larry Fournier said the only way he could support it would be on a trial basis. Bruce Rask asked if they would commit to a trial basis. Riverwood Rep. said meetings are booked a year or two in advance. Kathy Lewis said the details could be left to PUD Contract. We need to approve or deny the concept. Bruce Rask said we denied the restaurant because it wasn't a Conference related activity. How many people live by it? Roskaft said we could put conditions on the Pacos River Activities. Larry Fournier asked how many of the audience residents could support a trial period? Licht said it can't be a popularity contest. It has to be that it is disrupting a neighborhood. Roskaft asked if they have more than one conference going at one time? Answer: Yes. Roskaft asked what if Pacos River group interrupts the other clients? Arlene said we would have to ask them to tone down. Licht stated they should not consider economic vitality. Harmony is what you judge it on. Arlene said what Riverwood wants to do is not in harmony, but what the neighbors do doesn't seem to matter. Licht said the Conference Center was a Conditional Use Permit. Larry Fournier motioned to deny the request for the Pacos River Activities. Carl Swenson seconded the motion. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT 8 PM - PAGE 10 - Roskaft asked for any further discussion? Vote was 2 in favor, Swenson, Fournier, and 4 No, Rask, Wallace, Kolles and Lewis. Motion did not pass. Kathy Lewis asked if it is appropriate to approve this type of activity with conditions in the Contract with the PUD? Licht said he didn't feel it was inappropriate to approve it with some contingencies. It needs to be laid on the table and discussed again in front of both residents and Riverwood. Kathy Lewis motioned to approve this Pacos River type of activity upon the Staff drawing up contingencies for the Planning Commission to review at the next Planning Commission Meeting. Bruce Rask seconded the motion. Wallace asked if that included the trial basis? Kathy Lewis said we can discuss that when it is drafted. Lewis, Kolles, Rask and Wallace voted for the motion, with Swenson and Fournier against. Motion carried. Arlene said she was sorry if she offended any of the neighbors and would like to get along and asked about looking at opening the restaurant one more time. No, was the answer. Stewart asked if when the rope course was considered, could input of the neighbors be considered? Neighbors asked about the lounge being addressed. Licht said we need clarification on part of City Code. Michelle said at this time they are not making application for liquor license or expansion of the lounge. Licht said we have to talk about easement drainage, site details and stipulations will eventually have to be addressed again on the seventh of August. Joel Radjenovich asked that the applicant has dropped the application for the liquor license and expansion of the lounge at this time be incorporated into the minutes. Roskaft asked for comments on the Bluff House. Stewart asked if there will be six more rooms? Licht said eighteen additional rooms. Michelle said there was a Building Permit obtained for a large meeting room and nine meeting rooms above. (nine more rooms with elevator being installed). The ramp will be six additional guest rooms and the other three above Riverbluff meeting room. (9 additional units). Joel Radjenovich said the Permit was in 1987. Was this Permit extended? Licht said it was approved and the County addressed it, even if work hasn't been completed. Michelle said we've had to take over seven guest rooms existing to utilize space. Roskaft referred to NAC's Report of June 16, 1991. Nine units are new. Stewart stated that four sleeping rooms were approved, not nine. Have they been reviewed by the County? CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT 8PM - PAGE 11 - Licht said if the size of the room is large it is still for one room. There was some discussion on the 12 additional guest rooms that had been indicated in NAC's Report. Michelle said 16 guest rooms minus five we had to take out of commission. Thirteen is the total. Licht said we need documentation on this. Licht stated we will get information from Wright Co. Stewart said of concern to him is the residence on the East end of the Conference Center. When adding rooms, where are you considering parking? Currently staff is parking outside of the Conference Center parking. Michelle said staff is parking in the other area only for maintenance purposes. Roskaft asked for action on the bluff house. Lewis stated we need the Staff to get a clear picture. Licht stated that clarification is needed, but you can take your position on the activity. I assume it is conditioned on the septic, parking, etc. We need to define what thirteen additional rooms mean, implications. Fournier said he has a hard time approving what he doesn't know it is yet. Swenson stated that if the concept is agreeable, we could approve or deny the concept. It is not a popularity contest. Arlene said they are asking for a minimum of rooms. Russ Greninger said you have to put on a handicap ramp and elevator. Arlene said no. They will put an elevator in. Larry Fournier motioned to approve the Bluff House expansion because it is directly related to the use that they presently have, contingent on plans being submitted. Lewis seconded the motion. Fournier, Lewis, Kolles, and Rask agreed and Swenson and Wallace voted No. Motion carried. Swenson questioned the Building Permit. Licht said if the use was accepted by the County it is grandfathered in. The County said it was alright. Mike Cyphers asked if that is when we will discuss the conditions of the rope course. Licht stated the Planning Commission had directed that the conditions of the Pacos River Course will be drafted to the City Hall within a week or ten days. Neighbors can call the City Hall and get them and put input into Elaine Beatty or Bob Kirmis. Roskaft asked for a motion to continue the Hearing on Riverwood. Larry Fournier motioned to continue Riverwood Conference Center's Hearing to August 7th, (Wednesday) at 8PM. Carl Swenson seconded the motion. All agreed. A short 10 minute break was announced. At 10:45 meeting reconvened with the Hearing on consideration of Amendment to Otsego's Subdivision Ordinance CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF JULY 17, 1991 AT SPM - PAGE 12 - of February 1991 to allow acres less than ten, to have Minor Sub -divisions to be handled administratively and a clarification of the Urban/Rural Service Area. Licht said what we have evaluated is one per forty tracts being subdivided. We are suggesting that as long as all requirements are met, it can be handled administratively. The process is that it comes to Elaine, she refers it to the Engineer, Atty. and NAC. The Certificate of Survey will be recorded if it is OK. If we have any problems with it, it will be and can be brought to the Planning Commission. Licht said he feels that there is no question that it is acceptable in the Rural Area. The Urban Service Area (both immediate and long range) Licht feels it should come thru as plats. Section II of the Ordinance does not have a definition so we are adding those definitions. Swenson said the Ordinance doesn't specify where it applies. Licht said go to "C", that is what is being added. Roskaft asked for comments. Trigg Holl has a property in the Urban Service Area. He said he misunderstood the notice. He has a lot being platted in the Wild and Scenic area. He was told by the DNR that the lots could not be further subdivided when sewer and water comes in. Licht said that is true. Fournier stated he feels he would support it after Licht's clarification. Fournier motioned to recommend approval of the Amendment of the Subdivision Ordinance to allow one per forty splits to be handled administratively. Jim Kolles seconded the motion. Motion carried unanimously. Fournier motioned to adjourn the meeting. Wallace seconded the motion. All agreed. At 11:10PM meeting adjourned. Licht said in the newsletter they have said the Comprehensive Plan Hearing is August 21, 1991 at 7:30 at Elk River High School and we need to go over this at the next meeting on August T, 1991 or set a specific meeting to go over this. JAMES (R/.' KOLLES , - SECRETARY MINUTES BY ELAINE BEATTY, RECODING SECRETARY EB oto 110 DClAJ�7 7-1-91 To: City of Otsego Planning Commission Re: Planned Unit Development and Zoning Ordinance Revision with specific reference to the 8:00 PM, July 3,'91 Hearing for the present Riverwood Conference Center I. Available Public Document dated May, 1991, "Development Application" by Riverwood Conference Center (RCC) was obtained via accepted practices. We feel that there was an omission in Attachment A (see bottom 7 lines p.2) which should be corrected. The 33 ft. wide easement along East line of Lot 2, providing right of way to Hwy 39 is held by RCC as "tenants in common" with Stewart Turnquist. This easement was given by Frank (now deceased) and Ethel Johnson (Parcel 214-100-131300) to provide access to the homestead. It is our strong desire that this easement and the property to which it provides access continue to be zoned "Residential Property". This easement provides access to RCC Parcel #214-100-132200 (11 acres) now zoned A-2 Ag (see Attachment B) and to 15 acres now owned by ;tewart Turnquist (Parcel #214-100-132202). Mr. Turnquist is in process of building his future residence on this parcel. Our first concern is that in awarding the 11 acre tract (214-100- 132200) to RCC the Honorable Judge Mary Davidson Winter (File #138854, Hennepin Co. Family Court) has "taken liberties" actually belonging to City of Otsego Planning Commission in de jure if not de facto declaring the site to be commercial property. On July 24, 1990 we addressed this matter in a letter to Ms. Lynn Rabuse, Asst. Planner, Wright Co. Judge Winter and all members of Otsego Planning Commission received copies of this correspondence but to date, we have received no reply in response to our "allegation of improper and illegal rezoning of this plot" Judge Winter stated that the 11 acres was on the date of the decree (6-18-90) part of RCC and that it had been part of RCC for an extended period prior to that date. Several reasons are cited by Judge Winter to justify this action. (1) "Between the residence and garage is a paved path .... The RCC constructed and paid for the path in order to provide additional recreational facilities for Riverwood guests." The path existed many fears before the property was sold by Frank and Ethel Johnson and we believe that it was paved before RCC was incorporated. At the time Ms. DeCandia left the residence (ca winter 1987-88) a second access had been page 2 constructed on the East 15 acres to presumably divert Riverwood traffic from the family homestead. (2) Judge Winter states that the most recent .Addition to RCC is only 38' from the residence. What is omitted is that the site in question (parcel #214-100-141401, now zoned B-2 Commercial with a "Resort Conditional Use Permit") was originally the residence of the third partner in the Pattern Station -RCC venture. It does not follow that we, as concerned contiguous residents, should be further penalized for past attempts by Wright Co. and Otsego Town Bd. to aid RCC integrate otherwise unuseable property into their corporate scheme. We would state now that we feel we are being penalized for consenting to construction of what RCC now calls "Bluffhouse" at a distance that must be much closer than 38'from the NW corner of the Ethel Johnson -Joyce Dewey property. (3) Judge Winter states "a garage was constructed on the 11 acres with Riverwood funds". There has been considerable difference of opinion (and acrimony) on this topic. We note that on p.4 of Attachment B of RCC Application for Planned Unit Development the claim is made, "The garage was built with company funds and was intended for corporate use". If the above is a factual statement, it brings to mind a public statement made to Lloyd Dewey by one of the members of Wright Co. Bd. of Adjustment at a Bd. meeting on Friday,Oct.12, 1990. "Since its introduction RCC has stretched, pushed and exceeded any variances and building permits intended well beyond their intended limits." As immediate neighbors and relatives our recall is the "garage" was originally intended as a studio and office for Stewart Turnquist. RCC would have probably stored some items in the structure, however storage was not its original purpose. We are not lawyers and leave to Otsego City Lawyer(s) the interpre- tation of Judge Winters decree which deals with residence and garage being used as debt collateral by RCC, however, in our perusal of much of the "Finding of Fact" in the Divorce case, we are concerned that Judge Winter fails to appreciate RCCs movement from a beginning "Mom and Pop" venture to its status at the time of the Divorce hearing when the alleged gross business of RCC exceeded $2,000,000. Judge Winter also seems to be willing to give considerable preference to "Corporate matters" although she is by appointment a family court judge. In summary on this topic, we oppose the rezoning of this plot from -esidential to commercial even though (a) Judge Winter has already ruled in Civil Court that it is. (b) Judge Winter awarded the property to Ms. DeCandia, who apparently has no intent to use the property for residence. page 4 ..z oppose the location of "Ropes Course" at this site. We further feel that the nature of the Pecos River Training should be evaluated with regard to how much noise is generated with the outdoor training and the effect of said noise on immediate neighbors. IV. In the past we have requested delay of planning and zoning decisions until the divorce between the two principal developers is completed. We still offer this suggestion!! Lloyd Dewey has read most of the briefs in the Hennepin County files and has left copies of many with Otsego City Clerk Jerry Perrault. Lloyd does not see an immediate end to the litigation. In fact, he believes quite the contrary is true. The latest request Lloyd saw was dated 6-7-91 and the files suggest considerable litigation will come when Stewart Turnquist moves from his present residence which was awarded to RCC in January. Since these court files are available with Jerry Perrault we will not dwell on the RCC conditional financial obligations, but we do request that the City of Otsego weigh these matters. We wish Ms Arlene DeCandia the best in her difficult venture of being sole manager of RCC and realize that if she succeeds her children and our children will have to concern themselves with RCC problems in the future. At the present time, though we have differing opinions, we trust that these will not affect future relationships. Sincerely, for Lloyd and Joyce Dewey and Ethel Johnson page 3 It does not seem that rezoning would be essential for storage of caustic I other toxic materials, rather compliance with regulations that require proper steel cabinets for their storage. Riverwood states they consider turning the existing house into a daycare center for their em- ployees. Joyce Dewey before retirement was a teacher of Early Childhood/ Family Education for St. Paul, MN School District and believes this is possible without changing zoning designation. There would merely have to be proper licensing of caregivers and the structural standards must be up to code for such use. II. Restaurant development. (see IV A 1, p.3) "Our goal is to extend the use of our existing restaurant by opening it to the public on a limited by reservation only basis." During the year 1988, citizens who live adjacent to RCC reacted to a Wright Co. Planning and Zoning hearing dated 2-18-88 for Arlene M. Turnquist to be granted conditional use permit to expand . . to include a restaurant open to public by reservation. Thirtyone citizens signed a statement in opposition to the proposal and sent it to the appropriate zoning boards. Reasons cited were (1) that he restaurant changed the business away from its original concept as a Conference Center; (2) a public restaurant with alcohol available is not acceptable; and (3) there was concern about added traffic. We do not feel there has been significant change in attitude of citizens residing near RCC at this time. (see Item f,p.5) Alcoholic Beverages. ". we are applying for a full liquor license at this time." Although the attempt to justify this request for reasons of "control and liability" was made, we believe their reasoning is flawed. On no other issue have we found more emotional opposition in the community than "Liquor License". We oppose this proposal and believe that the community strongly opposes this proposed change. III. (see Item 4, p.5) "We have formed a partnership with Pecos River Learning Center." We hope "partnership" means "working agreement". For those who may not have read Judge Winter's "Finding of Facts", RCC is under considerable restraint re actual ownership at this time. We assume that most of the ".Ropes Course" will be installed on the plot _'14-100-141404, with a Resort Conditional Use Permit; however, the state- ment "We also may put one or two events below the bluffline . would be further Commercial intrusion into the 11 acre Homestead area. Thus: 4A 4n IA W WLU ul LU W S'== N Yl Nf O O O �NOO N C4 -t aav C4 CNH C4 0 a •f %0.' 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Sf ,s 117 C', r0AS /c_ fl,C_ �iaw*c o- be /Jc� C_ � � �S�S s� /GO h� l� ��� w�� �� 1, 7 #of pages ► To Co. C ) Dept. / Phone # Fax # 0 ap sc- s/ks S /-11 lc- �j wo v ��� l 5 v� c _V-17 ci 7 Gf Q 7" SI GI' 7 C7 (X cGC u C_ � o ��� C, o 72_ C -7C-- Zo.)G CiO.�v� �4c Post -It"' brand fax transmittal memo 7671 #of pages ► To Co. C ) Dept. / Phone # Fax # 0 ap Fax # �" P. 1/1 JUL 02 191 10:48 OTSEGVTUWNSHIP 1 _ Past- '" brand fax transmittal memo 767] of page; Front r TO b y phone M Dept. J` / r Fax N / Fax #y � — VP/V - Dle�, �Eee 6 Vis- I ga3o // 9�14J b�°f Ali. l ,w �9�"" July 14, 1991 Otsego City Hall 13474 N.E, 95th St. Otsego,Mn 55330 Dear Planning Commission Members, support of Riverwood Conference Center's desire I am writing in to add a public restaurant to their facilities. ` and a friend of A a resident of Otsego Township for 20 yearsand understanding As D Candia for 20 years I feel I have � 9 has made to our Arlene e M DeCandias' business a of the contributions s^ it had been operating^ community in the many successful years Center had been a reliable employer in The Riverwood Conference They have set a standard of this community for many Years- l to any conference in hospitality and ser«ice equal li te of economic excellencei our state. In the Present c ma admirably as a � center n d has been able to survive challenge Riverwood continuing years in existence show,, their con heathy business as `^.__ ~ ' I would like to see a high quality restaurantinour new cityand to encourage businesses to �� to ive think it is important.th ir business We are fortunate approaches to maintaining their to exp^nd her business in our have a long term resident wish = community. It can The benefits this restaurant will provideare many. It while l for residents from around `..e A become a meeting place oƒ our homes to enjoY^ s providing a ƒacility within a few miles f Otsego in the past pro d Conference Center has done or lace to the Ri«erwoo o future to put Otsego on the map as a p it will do in the go for good food and hospitality. support of Riverwood's desire toopen I am in complete in e years respectable quality restaurantin Otsego that will to come become the landmark that Riverwood already is., much for reading this letter and considering my Thank you very in support of the restaurant opinion. I will be happy to sp meeting if requested. at your planning warm Rel.rds and A iation PAUL A. JOHNSON 1.0645 97th Street N.E. Otsego, Minnesota 55362 612-295-3369 Thank you for giving this group of people the chance to talk to you about the future of the Riverwood Conference Center. I speak to you not only as a resident of island View estates but as a concerned citizen of the new City of Otsego. I am completely opposed to the first "On Sale" liquor establishment in this new city. I cant see why we don't right now take the stand that Edina took in the beginning, and that was to be dry; no off sale at all and only have a city controlled Municipal Liquor Store, something that the City could rec:ulate. I aril completely opposed to the e�Tansion of Riven ood fot the following reasons. 1, Ri.verwood does not need to become "Public" in order to exist,, they have been in our corimunity long enough to either be profitable or not. I personally feel this is their first step in making the center more "Marketable" in the future, meaning they could sell at a much greater profit being public. 21, How long untill vie get the first BUD LIGHT sign on the end of the drive? Do we need these neon lights at all hours of the night as vie now have with the current sign that has the neon red shining at all hours. 3; Do we need to see further advertisements in the Star Tribune advertising River-ciood., not Riverviood Conference Center but s?nply Rivernvood. I Mould have thought that they were all ready public by reading the piper. 5, Hoag long will it take till we see organized volley ball teams being advertised, something that all taverns do in the summer in order to bring people together to eat, drink and be merry, and. of course drive home, 6, Expanded restaurant hours are really not what I moved. to Otsego for. 7- hoc long will it take till we see canoe racing as a promotion on the beautiful Vdssissippi River? All people should be able to enjoy the river, but a Company promoting the use of it really takes away sorle of the beauty. 8 Why would. Pecos River want to be involved with Riven,7ood.? Why would Riverwood want to become involved in Pecos? I would be willing to guess it would be r-aoney. We all want to make money, but we hope it is not at our neighbors expanses, 9, In Islandview Estates we will be faced with the folloviinc- problems. a, Increased traffic in our area,, an area that is off the main route of traffic,, something that we moved in this area to avoid. b, excess noise from volley ball, softball, and only Cod knows what. . C, The promotion of our neighborhood as a benefit to their clients, guests, patrons or what ever they call them, Until Otsego gets its own Police Department to properly regulate the Ordinances of the City. I feel we are i_n no position to promote the use of drinking and driving, medical emergencies, river emergencies, or even the "regular custoi:.iers" that occasionally need to be taken to the County Deto<r Center. This is going way to fast without long-range thinking. Please vote NO on the Rivenvood expansion. Paul A. Johnson FIRST NATIONAL BANK OF ELK RIVER 729 MAIN STREET • ELK RIVER, MINNESOTA 55330 • (612) 441-220 JUL i 6 1991 1 b i July 16, 1991 Elaine Beatty Zoning Administration 13474 - 95th Street NE Otsego, MN 55330 Dear Ms. Beatty: I would like to support Riverwood Conference Center's proposal for a public restaurant. I have been very impressed with the quality of the service when I have used their facilities for our Bank, Chamber of Commerce and City of Elk River functions. It would be a benefit to the entire area to have Riverwood operate a public restaurant with the same high quality of service and exceptional food. They have demonstrated that they operate in a very professional manner and have an excellent reputation with many of the corporate leaders in the State of Minnesota. S' cerely, Duane E. Kropuenske Senior Vice President DEK/lk ZIMMERMAN OFFICE FIRST NATIONAL MORTGAGE Mary & Main Street 729 Main Street Local: (612) 856-2266 Elk River, Minnesota Metro: (612)421-0463 (612)441-7133 FIRST NATIONAL SECURITIES 729 Main Street Elk River, Minnesota (612)441-2200 ext. 16 FIRST NATIONAL BANK OF ELK RIVER July 16, 1991 729 MAIN STREET • ELK RIVER, MINNESOTA 55330 • (612) Elaine Beatty Zoning Administration 13474 95 Street NE Otsego, MN 55330 Dear Ms. Beatty: P 2EE(�V'CE0Y j, 'JUL. 16 1991 b I understand that there is a public hearing set for July 17, 1991, at 8:00 P.M. at Otsego City Hall. The purpose of my letter is to express my support for the application from Riverwood Conference Center for a public restaurant. I personally, and two companies I work with, have used the facilities at Riverwood and I am very impressed with the quality of the facilities and excellent service. I feel a restaurant that would be open to the public would be a benefit to the entire area. I feel the restaurant would be run in a very professional manner and urge that you consider approving their application. Very truly yours, K.S. Houlton Chairman KSH/c l ZIMMERMAN OFFICE FIRST NATIONAL MORTGAGE Mary & Main Street 729 Main Street Local: (612) 856-2266 Elk River, MN 55330 Metro: (612) 421-0463 (612) 441-7133 �--«St FIRST NATIONAL SECURITIES 729 Main Street Elk River, MN 55330 (612) 441-2200 ext. 16 I I I I I � 111 11 11 0 7n Aix Ik F T1,11ttwao I STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) being duly sworn, on oath says tha , she is the publisher or authorized agent and employee of the publisher of the newspa per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. The printed which is attached v�s cut from the colun4�►s of said news�aper, and was printed and published once each week, for I_suc- cessive weeks; it was first published on Wednesday, the 1 day of 41 e_ _,19, and was thereafter printed a d pubhsl hed on every Wednesday to and including Wednesday, the day of and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. abcd�fghijklmnopgretuvwxyz Subscribed and sworn to before me on this ,19 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter day of