Loading...
01-10-1994 City Council MinutesSTATE OF MINNESOTA The Regular Scheduled Council COUNTY OF WRIGHT Meeting was held this 10th day CITY OF OTSEGO of January, 1994. At 7:30PM. The meeting was called to order by Norman F Freske, Mayor. Also present were Doug Lindenfelser, Floyd Roden, Larry Fournier, and Ron Black, Council Members. James Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, Larry Koshak, Engineer, Bob Kirmis, Assistant Planner and Andy MacArthur, Attorney were present also. Minutes of December 13, 1993 were motioned for approval with corrections by Floyd Roden, Ron Black Seconded. Motion carried unanimously. Minutes of December 22, 1993 meeting were motioned for approval by Larry Fournier with a correction. Doug Lindenfelser seconded the motion. Motion carried unanimously. Floyd Roden motioned to approve the minutes of Odean and #37 Special Hearing Minutes of December 22, 1993. Doug Lindenfelser seconded the motion. Motion carried unanimously. Agenda Item #3: Discussion of Maintenance of #42 & 101 Lights. Neil McMillian, a Representative of Wright Hennepin Electric was present. Doug Lindenfelser stated he had run into Stan Meyer and he told Doug to give Bob Wourm a call. He said there was a problem with wiring on the light at #42. Something was not done properly and it causes corrosion. Larry Fournier said the County installed the light on #42. Doug Lindenfelser said the basic thing is the maintenance and who will do the work. Ron Black said we sent a letter in October of 1993 to the two utilities. We requested Elk River Utilities to do the maintenance and the 2 utility companies to work it out. Wright Hennepin Electric has investigated with Mn/DOT and Mr McMillian talked to Terry Crist with ESS on security switching. They have a responsibility who owns it and who maintains it. The State only maintains the hardware switching drives. The County maintains the luminaries. If they are knocked down, the City maintains the changing of the bulbs. The only thing Wright -Hennepin would do is change the light bulbs. The last time Wright -Hennepin did relamp, they found a corrosion problem. Stan Meyer found the wire was shorting out. It is the State of Minnesota's problem. Wright Hennepin has three semaphores in their territory that they provide service to. Typically the City has their own equipment and personnel to do the work. Wright Hennepin would not charge for ordinary replacement lamps during working hours. They are willing to do it no charge during regular working hours. We have written a couple of letters to Elaine to respond said Mr McMillian. Neither Wright -Henn. CITY OF OTSEGO COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 2 - nor Elk River Utilities are interested in pursuing it. We can provide the same service that the City of Elk River can provide. (Same as Co #39 & #101 light by Elk River Utilities). We need an understanding as to the terms. Doug Lindenfelser asked if the State has been advised of this problem? Should we inform them? Neil McMillian said that Wright -Hennepin will call the City if they find a problem and the City would call the State. The interior of the light is up to the State. The State should be notified to come out and check the light. Larry Fournier said in the past we have had problems with getting in touch with Wright-Hennepin's service people. Neil McMillian - We have not had a formal understanding between the City of Otsego and Wright -Hennepin. We want to do the service, but we have to have rules and guidelines. Ron Black - For Neil's benefit there was a number of reasons why we specifically required that Elk River Municipal take care of the light. If it's in a service issue. First, there has been a history of lousy service by Wright -Hennepin and the first quote we got frsm Wright -Hennepin was that there was to be payment for everything. The second letter we got was that you would do it for free. Elk River Municipal is right there and will do it. Mr McMillian said that if you desire to have an electrical contractor come in and do the service, you can. Doug Lindenfelser motioned to have Wright -Hennepin do the service on the #42 and #101 light semaphore and we do the paperwork to establish the service. Larry Fournier seconded the motion. Motion carried four to one with Ron Black opposing. Ron Black said that he is opposed because Wright - Hennepin is charging overtime on weekends, and Elk River Utilities won't, they will provide it free as he has talked to Bill Barrenkott about it. It is not a boundary issue. Norman F Freske felt we should get a written agreement from each of the utilities. Neil McMillian said What Mr Black said, it is not #37 and #101, it's #42 and 101. Larry Fournier asked on a typical overtime call, how much would we be charged for? Mr McMillian answered a two hour minimum, approximately $100.00 in labor. Agenda Item #4: Discuss NAC's Report on John Robeck (John Robeck will be here) Kirmis explained Mr Robeck owns a 12 acre parcel in the Southwest corner of the City. Exhibit D of NAC's Report of December 23, 1993 was referred to. Mr Robeck wants to split his property. He does have to get it rezoned. The Basis for denial is the City's Comp. Plan, which calls for AG use of this area. The reason this is before you tonight is this area is five acre lots and chopped up. It occurred under Wright County, but the City has to acknowledge we need to CITY OF OTSEGO COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 3 - know whether or not the City Land Us Plan needs to be re-evaluated. We are trying to avoid Mr Robeck extra cost. The Staff would have to recommend denial. You may wish to have the Planning Commission review this. Doug Lindenfelser said none of that is being farmed is it? John Robeck said the field is 4 to 4-1/2 acres, but power lines are running thru it. East of me is all farm land. Doug Lindenfelser said he would be in favor of the request. Larry Fournier felt it is good judgement to do something. He would like to see it taken to the P.C. for review. Maybe the City could initiate the action. Ron Black said on Exhibit C, if I read it correctly, it looks like Mr. Robeck's property is by other houses and a 40 and 37 acre parcel that are East and Ag land. I look at this plan and it is not Ag land anymore. Mr Robeck said the Kessler property is in this area also and it was just divided. His property is five acre with a swamp. There would be a building site. He would like to split the land in half. Floyd Roden agreed with Doug Lindenfelser and Larry Fournier. Bob Kirmis said the reason it is Ag is the philosophy that not to create a service area. Norm Freske agreed with the rest of the Council. Floyd Roden motioned to have the Planning Commission review this request. Ron Black seconded the motion and added he would like the 37 and 40 acre parcels to the East also looked at. Motion carried unanimously. We will inform John Robeck when this will be on the Planning Commission agenda. Norman F Freske welcomed County Commissioner Pat Sawatzke Agenda Item #5: OPEN FORUM Pat Sawatzke appeared before the Council he said Wayne Fingalson called and left a message that there was a problem on Odean & #37. Norman F Freske told him it was on the assessment policy. Floyd Roden explained we were being treated like an Urban Area, not a rural area. We should be treated like both. Larry Koshak will inform Pat Sawatzke of the situation. Roger Pearson - Appeared before the council regarding recycling drain oil. He said there used to be a drum behind the City Hall. Norman F Freske told him it used to be outside City Hall and people were running it on the ground and leaving a mess. Dave Chase said that they are open from 8 to 4 and we can't have it setting outside because of the mess and pollution. CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 4 - Mr Pearson said he understands, but wondered if it could be more then once a year at cleanup day. You know what will happen to this oil if you can't dump it. Norman Freske said that they would discuss it more at their Maintenance Meeting and put it in the Newsletter as to when it would be open. Vern Heidner said maybe we could also collect small batteries. Pat Sawatzke said it costs to take the batteries. Tom Constant asked about recycling of plastics. Norm said it costs $.35 more per household per month. Tom didn't feel that was too much. Agenda Item #6: Dan Wilson - Discuss Otsego EDA Policy Outline Dan Wilson stated that it is common for Commissions of EDA to have a statement. He commended the EDA Advisory Commission for their hard work and great deal of thought and detail. The policy statement is quite conservative, but has flexibility. Larry Fournier - Would you give us some background to help us understand what is the basis. We shared policy statements that were used by other Commissions. Our Mission Statement was " The City of Otsego shall encourage, assist and facilitate through EDA, EDAAC, ETC. Financial Guidance and Incentives appropriate to the qualified interested parties engaged in economic development. Otsego shall avoid or minimize financial risk to the City". They went from there. Minimizing and avoiding risk was a big issue. They are aware of risk of the City of Otsego. The statement is saying the City would like to be quite risk free. This policy has some elements that some other Commissions don't have. The EDAAC group is quite diverse. There was much more consensus then not. Public participation was recognized. The plan identifies cases in which the public will be interested on what will be going on. Larry Fournier asked if Vern Heidner, Chair of the EDAAC has any comments? Vern Heidner said he was very impressed with the 70 to 80 hours of work that was done on this plan. We recognize the City will sometime have to help to get development in here. The 101 area is such a prime area, it should develop itself. The site near Albertville will in some time develop itself also. The third industrial site will need help. Doug Lindenfelser said he saw one person voted against Vern Heidner said one person wanted to have several public hearings. We felt it was too expensive. Floyd Roden - You guys discussed it is a guide. It is not connected to the Comp Plan. It should be formed only as a guide. Vern Heidner said a lot of the Council was there at the it. CITY OF OTSEGO COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 5 - meetings and we really appreciate that. Norm Freske said he didn't attend all the meetings because we wanted it to be your plan. Larry Fournier - I thoroughly discussed it with our City Planner and he is very comfortable with it. Larry Fournier motioned that we accept the recommendation of our EDAAC to adopt the Policy Outline. Ron Black seconded the motion. Motion carried unanimously. Agenda item 7.1. Consider Rezoning of Independent School #728 Property from AG -1 to INS and Amend. to Comp. Plan to bring into Imm. Service Area. Bob Kirmis explained that School Dist #728 Elk River requests rezoning a 48 acre tract of land South of 85TH Street and West of Co #42 to INS (Institutional) from A-1 Ag. To accommodate this, it is necessary to amend the Comp Plan to include it in the Immediate Service Area. The Comp Plan is the basis for that decision making process. They wish to split a 5 acre parcel from an existing tract. It can be done at an administrative level. November 1992 the Council chose not to take action on this matter for various reasons. Our office has recommended approval subject to two conditions in the October 13, 1992 NAC Report. 1. A Comprehensive Plan Amendment which would adjust the City's Immediate Urban Service Area to include the subject school district property. 2. The requested rezoning of the subject 47.7 acre property from A-1, Agricultural Rural Service to INS, Institutional subject to the following conditions: A. The administrative subdivision requested by the applicants is approved by City Staff B. Comments from other City Staff The City Engineer has reviewed the Immediate Service Area Boundary area as part of the sewer plan that was given for the school. You should have been provided both a Resolution and a Findings of Fact. Ron Black motioned that we move this matter from the table for consideration. Larry Fournier seconded the motion. Motion carried four to one, with Norman F Freske opposing. Larry Fournier said the School Board has a meeting next week and he felt it would be more appropriate to take this up after there meeting. Norm Freske didn't agree. He felt we shouldn't delay it for the Otsego name as bids are in February. Doug Lindenfelser said let's approve it contingent on that. Bob Kirmis felt to place a condition on this is not valid land use planning. The name is irrelevant to land use. Andy MacArthur felt you end up being outside the scope. Ron Black said they had made no good faith effort. Ron Black motioned to adopt the Planning Commission recommendation for this Resolution to Amend our Land Use Plan CITY OF OTSEGO COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 6 - to include the Dist #728 School Property and the five acres in the Immediate Urban Service Area Boundary. Floyd Roden seconded the motion. Motion carried unanimously. Ron Black motioned to adopt the Planning Commission recommendation to rezone the parcel from A-1 Ag, to INS (Institutional). Floyd Roden seconded the motion. Motion carried four to one with Larry Fournier voting in protest because of the name issue. Ron Black said when this first came up we did a number of things to indicate to the school district on the naming of the school. I am disappointed in the School Board in not responding to the City Council. I don't think in good faith we can not rezone this property, but I am unhappy with the school thumbing their nose at Otsego. Larry Fournier spoke against this motion because he would like a response one way or the other until we rezone it. 7.3. Discuss Temporary outdoor sales. Kirmis explained that because of the holidays there were a number of Christmas tree sales without approval. We are asking for the Council's opinion as to do we need to regulate these things. Obvious concerns are limiting parking demand. The Zoning should provide for temporary incidental use, but Christmas trees are not incidental to gas sales at Tom Thumb. If an amendment is pursued, it would be reviewed by the Planning Commission. It's not necessary to run thru conditions at this time. It would be the Planning Commission's responsibility, if you see fit. Larry Fournier asked what are we talking about other time sales? Kirmis said grocery store summer sidewalk sales, etc. Norman F Freske thought Administratively would be the best way to permit it. Discussion was had with the Council and Kirmis. Doug Lindenfelser said he didn't feel there was a problem. Larry Fournier agreed. Floyd Roden felt we should designate some areas where they can do this. Mr Pearson from the audience stated he felt that most Tom Thumb stores sell Christmas trees at Christmas. If you are going to limit outdoor sales, I think garage sales are a bigger issue. Norm Freske agreed with Floyd Roden and Doug Lindenfelser and Larry Fournier that at a future date it may be appropriate to limit outdoor sales, but let it be for now. Floyd Roden motioned to leave it as is on temporary seasonal sales. Doug Lindenfelser seconded the motion. Motion carried unanimously. Ron Black felt we had two issues, one is Tom Thumb and Christmas trees being sold out of residences. The answer is that Christmas tree sales for residences are not permitted. CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 7 - 7.4. City of Otsego - CUP for Pub. Rec. Use - 5A Parcel W/City Hall: Bob Kirmis explained the City has requested two CUP's for two individual parcels for Public Recreational Use on INS Zoned property. He said that the plan that is attached to NAC's Report is different from the plan the Park and Recs. Commission adopted. Mr Kirmis explained that they haven't made a recommendation as of yet because of a different plan. The 63+ acre parcel was continued by the Planning Commission. The Planning Commission recommended approval of the 5 Acre parcel subject to the following conditions: 1. A site plan based on a certificate of survey is submitted to determine compliance with applicable INS performance standards (i.e.., setbacks, etc.). The site plan should identify all proposed recreational facility components. 2. All applicable performance standards of the Zoning Ordinance are satisfactorily met. 3. The property's mortgagee determine that the proposed public recreational use will not impair the subject property's mortgage agreement or related documents. 4. The property's bond counsel determine that the proposed use will not impair the status of those bonds issued by the Otsego EDA for construction of the Otsego Community Center project on the subject property. Ron Black motioned approval of the Planning Commission's recommendation to approve the CUP for the City Hall INS Zoned Property to allow Public Recreational Use & skating rink. Larry Fournier seconded the motion. Motion carried unanimously. Ron Black said he felt one thing that would be helpful is we need to establish better lines of communication between the Council and the Park and Recs Commission. When the Planning Commission does something, we get a report as prepared by the planner. We need a recommendation from the Planning Commission. We need to establish the same kind of thing for the Park and Recreations Commission. Tom Baillargeon, Chair of Park and Recs Commission said he is here to try to establish some coordination with the Park and Recs Comm and the City Council. He had a plan for the skating rink which he gave the Council today. Ron Black felt that we should regularly assign a City Staff Member to Park and recs Meetings with the Staff Member to do the minutes and also do a resolution for the City Council. Norman F Freske agreed, but didn't know about the minutes. Roden felt this was the first project, but felt ' this came up too fast. He felt the skating rink is a dead project. He said the Park and Recs Minutes have come back to the Council all the time. If we are going to do something, we need to get the Engineer involved and more money. CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 8 - Larry Fournier felt if we have the Commissions regularly on our agenda and reports are given, the communication would be helped. Ron Black felt we also need a Staff person at the Commission. It is the only Commission the City has that we don't have Staff Members at. We need to have someone from the City Office to help with direction so Park and Recs can function the same as the Planning Commission and the EDAA. Doug Lindenfelser said you have a person from the Council, what more do you want? Norman Freske said they are the only group that there isn't a City person there. Ron Black said he relies on NAC's Office for information. Tom Baillargeon said he applauds Ron Black's suggestion. Our Council Representative hasn't had the opportunity to attend all the meetings we have had. If we have to go to City Staff, it may dwindle our park budget. Doug Lindenfelser asked if we can go to the pond for the skating rink? Answer was no lights and rink is ready to fly now and ready to flood. Tom Baillargeon said he felt the skating rink came to be by the Commission coming up with a skating rink/sliding/ snowmobiles and a sliding hill. We felt the skating rink would be a good project. Larry Fournier said he would like to think about this Staff Person until the next meeting and give what we have in place a chance. Tom Baillargeon said they would like to provide cross- country skiing. On the last page of his report there is a place for a ski trail. Will this need approval, or can it be done without a CUP? Bob Kirmis said an ideal site plan would show the ultimate development of the park. As these additional recreational items come in there would be a plan already approved. Ron Black asked what is the permitted use in an INS zoned area without a Hearing? Bob Kirmis said anything that doesn't have an impact on surrounding neighbors. Ron Black asked if there is some reason why a skiing trail that is temporary for this area can't be done? Bob Kirmis explained is a CUP. Ron Black said he has a problem saying in two months our Park Committee can't put a skiing trail in. We have a group of people that are trying to learn and I have a problem with these road blocks. Larry Fournier said at the Planning Commission they said they can't do anything until we had a site plan. Ron Black said he doesn't see anything that could remotely be permanent. I recognize that the City should CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 9 - require the same thing as anyone else would have to do. Andy MacArthur said he felt that they have to be treated the same. Larry Fournier - You are saying without a CUP they can't do anything? Andy MacArthur agreed. Tom Baillargeon - Asked why the City approved the snowmobile trail and they can't approve the skiing? More discussion was had. Floyd Roden explained how this got started. Ron Black said he felt that Floyd Roden didn't have to apologize for not making Park and Recs Meetings. I don't feel my role with the Planning Commission is one of making sure the proper procedures and organizational functions are properly followed, said Ron. I am there as an observor. Floyd Roden brought up an application for $800.00 of gambling money from the American Legion. Ron Black motioned to ask the American Legion for funds of $800.00 for the Park and Recs Comm. Larry Fournier seconded the motion. Motion carried unanimously. Tom Baillargeon brought up the grant application from from the DNR that needs to be in by February 4, 1994. Can the Parks Commission proceed with writing this without Council approval? Larry Koshak said it is the same one they did two years ago. Ron Black motioned that the City Engineer work with the Parks and Recs Comm regarding LCMR funding. Larry Fournier seconded the motion. Motion carried unanimously. Doug Lindenfelser motioned and Ron Black seconded the motion to have the Park and Recs Commission pursue the DNR Grant funds. Motion carried unanimously. Tom Baillargeon asked what the Council's future goals for the Park and Recs Commission in 1994 are? Larry Fournier felt he would like to see the planning for the whole park area so we can have it next year. Norman F Freske said you should add everything you might possible want in there. If you forget something, you might have to have another Hearing. Ron Black suggested to have Park and Recs Commission continue with the good work that they have done as this park is quite a project. Doug Lindenfelser asked if the snowmobile trail is in. Tom Constant said not yet. Doug Lindenfelser motioned to approve the Park and Recs Commission to go ahead with a temporary skiing trail and continue on with the rest of the Park and Recs Plans. Ron Black seconded the motion for discussion purposes. Doug Lindenfelser voted in favor of the motion and Ron Black, Larry Fournier, Norman F Freske and Floyd Roden opposed. Motion did not carry. Larry Fournier agreed, but felt it might be a problem. CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 10 - Ron Black asked if this could be an emergency? Doug L. he didn't see where there is a big problem. Andy MacArthur felt, for the record, whether or not there is an emergency, his advice is against it. Larry Fournier felt he would like to support it, but because of the legal aspect, he can't. Tom Baillargeon felt if we continue with the what if's, we may never get anything done. Doug Lindenfelser felt next year there may be other problems such as certain grasses you don't want to tamper with, etc. Ron Black asked what it would require for a ski trail? Tom Baillargeon said a crude groomer with two tracks. Ron Asked if this would be advertised? How would people know about it? Tom Baillargeon said he planned to advertise it thru the paper, but word of mouth could work as well. Ron Black said he would reluctantly oppose, because he knows as an attorney where Andy MacArthur is coming from. Doug Lindenfelser asked what if the City didn't approve it and they did it anyway? Andy MacArthur said we are still on notice. Floyd Roden brought up the River Festival and how are we doing it this year? It will be on 1-24-94 Council Agenda. Ron Black felt when the City Council does less of a hands-on job, for example in Rogers the City Clerk does the decision making as long as it is in the budget. Norm Freske said in Albertville, the Lions and other clubs handle it. The City is out of it. Larry Fournier asked what is the time table? Tom Baillargeon said he would prefer to wait until they can do the plan. The Council felt they should do the plan in the next few months. Ron Black motioned to have the City Attorney render an opinion on appropriate uses of the park dedication fees. Doug Lindenfelser seconded the motion. Motion carried unanimously. Floyd Roden said Joe Ebner talked to him and was concerned with residential hunting of geese. They are hunting and we don't have an Ordinance. Larry Fournier asked the City Attorney to comment. Andy MacArthur said we have the authority to regulate it. Floyd Roden motioned to have Andy MacArthur look into a fire arms ordinance. Ron Black seconded the motion. Motion carried unanimously. Ron Black said Elk River has a map of the platted areas where the ordinance pertains. It may be an ordinance we wish to look at. Larry Fournier would like to include all existing ordinances and he would like to know what the State regulations are. CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 11 - Regarding a development moratorium for the LeFebvres Watershed area: Ron Black motioned to have NAC, in conjunction with the City Attorney prepare a Moratorium of LeFebvre's Watershed District, excluding any already approved projects. Floyd Roden seconded the motion. Motion carried unanimously. A short break was taken Larry Koshak 8.1. #101 issues Elk River to #42 Regarding the permits to construct, Larry Koshak said he met with the 8 people and gave them the documents. So far Elaine Beatty has received four back. One of them has conditions on it. He is optimistic they will all sign. He has written to Mark Dierling letting him know the status of these. Norman Freske said there will be a meeting here, Thursday night at 7PM on #101. Ron Black has seen this document that the State is asking people to sign. The concern his client has is when will the State settle up? We tried to work that out with the State and they are not communicating with anybody. The concern was will this drag on for three or four years. More discussion was had on this. The noise wall issue was addressed by Mr Koshak and he said the Council had directed him to prepare a Resolution on (See CC11994) CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 12 - the noise wall opposing it. You did have a resolution concurring with Mn/DOT that the wall was unsatisfactory. Larry Fournier said Mn/Dot's position has changed. We need to send a new letter saying we don't support the wall. Larry Koshak said there is some kind of a State Statute that Cities have to approve the project before it is built. Andy MacArthur asked if any liability on the wall is the cities? Larry Koshak said no. Ron Black motioned that we respond to this letter stating that we continue to oppose this wall and can't believe that 10% of this project money is going into the wall. Floyd Roden seconded the motion. Motion carried unanimously. Andy MacArthur felt they need to look at that statute. Larry Koshak brought up 88TH and Obrian and there is water coming up on Ochoa and 88TH on Lot 1, Block 4, Otsego Acres. Water is building up in the back yard. There is a pipe across Ochoa. In Lot 9, Block 2 water is bubbling up. Floyd Roden said this has been going on for 12 years. Larry Koshak said Obrian and 90TH is where it is coming from. It is ground water. Larry Koshak said there is nothing you can do short term. In the long term you can restrict LuConics Pond and have a positive outlet to Halls Pond. They asked Dave Chase to keep the culverts open. We do have Ll, B2, next to Steve Wiltermuth. We got it back on tax forfeiture. We could dig a hole to retain water. Ron Black felt it reinforces the need for a water plan. Larry Fournier motioned to table 8.2 85TH and Page Ave NE to Parrish - Approval of partial payment. Ron Black seconded the motion. Motion carried unanimously. 8.3. Otsego Creek Authority update on meeting DNR changed from 1/12/94 to 1/13/94 at 1:30PM. The Authority directed Larry Koshak to prepare proposals for digging the ditch out. They will prepare it for next meeting. The meeting went very well said Mr Koshak and Albertville was OK with it. They were a little up tight with the thick book. They are concerned with the percentage of the cost they have to pay. Mr Koshak told DNR he would have 5 or 6 people for the meeting mentioned above and would meet at City Hall at 12:30PM. Larry Koshak - Additional Agenda Items: Mining Permits will be on the agenda for 1/24/94. On #37 and #101 mining operation they are having trouble getting the money out of Miller Chevrolet. Both mining permits at this time are being done by Del Zentgraf. Larry Koshak brought up the Wetlands Meeting at the County he attended. It was a good general awareness meeting on what the County SWD can do. It was a promotional meeting for the County SWD. He recommends that the Council Authorize CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 13 - the Staff to update the Ordinance and add 1991 Wetlands Act and changes to it and revise it. Floyd Roden motioned to have the Staff revise Ordinance to include the 1991 wetlands Act and changes to it. Ron Black seconded the motion. Motion carried unanimously. As of the first of the year, any property we review we need to have a clearance on wetlands. We need to set a fee for wetlands review. Ron Black asked what do you mean use? Larry Koshak said for a new plat or CUP someone has to check it out as to wetlands and it can only be done from Spring to Fall, not Winter. Larry Koshak is sending in a certification of streets to MSA this year. He has some extra copies. It tells us we can have 13.11 miles of MSA streets and we have used up 12.9 miles. We have a .2 excess. The next public works meeting is January 20, 1994 at 2:30PM. Elk River Utilities want to purchase a CAD Disk of the City maps at 1300 scale. They want to use it for the fire department and electric. The original cost was $6,000.00 for the City. What do you want to charge? Larry Fournier motioned to set the fee for $100.00 for the CAD Disk. Doug Lindenfelser seconded the motion. Motion carried unanimously. Dave Chase said we talked about Halls Pound clean out of the drain. Larry Koshak will talk with them on Thursday about this. Floyd Roden brought up the Dyke controlled by Wright Co. It is gouged out quite deep above the dyke where the land owner wouldn't give the easement. Joe Ebner said it is a problem. Floyd Roden motioned to have Elaine Beatty write a letter to the County Commissioners with a copy to the Co Engineer on checking the dyke. Ron Black seconded the motion. Motion carried unanimously. Andy MacArthur said at the Council's request he went over the letter of settlement from Mn/DOT. He recommended it be accepted. We would have legal fees is not accepted. It should be accepted contingent on them providing an acceptable release. Larry Koshak felt it's not fair, but the best we can do. Floyd Roden motioned to accept Mn/DOT's offer of $36,475.00 and have the City Attorney write the letter to Mn/DOT. Doug Lindenfelser seconded the motion. Motion carried unanimously. Andy MacArthur said he recommends the Council have the coverage on the Open Meeting Law Insurance available and explained why. Larry Fournier motioned to purchase the liability insurance for violation of the Open Meeting Law from the CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 14 - League of Cities Insurance. Floyd Roden seconded the motion. Motion carried unanimously. Doug Lindenfelser brought up the County shop and OSHA approval. Dave Chase said they got some information on what was the no. 1 items that need to be changed. It should be cleared thru the Public Works Committee. They met with Brian Hex Spec. Proj. Adm. for Wright Co. and they got a lot of good information from him. Agenda Item 10.1. Designation of Official City Depositories. Mayor Freske read what we had in 1993. Doug Lindenfelser motioned to keep the same City Depositories. Floyd Roden seconded the motion. Motion carried unanimously. (See resolution attached) Motion by Larry Fournier to have the Official City Newspaper be the Elk River Star News. Ron Black seconded the motion. Motion carried unanimously. (See resolution attached) Larry Fournier motioned to re -appoint Ron Black to the Council Representative to the Planning Commission. Doug Lindenfelser seconded the motion. Motion carried unanimously. Doug Lindenfelser motioned to re -appoint Floyd Roden to the Park and Recs Commission as the Council Representative. Ron Black Seconded the motion. Motion carried 4 to 1 with Floyd Roden opposing. Larry Fournier motioned to appoint Norman F Freske to be Planning Commission alternate Council Representative. Ron Black seconded the motion. Motion carried 4 to 1 with Norman F Freske opposing. Ron Black motioned to appoint Ron Black as an alternate to the Park and Recs Commission Alternate. Doug Lindenfelser seconded the motion. Motion carried unanimously. Larry Fournier motioned to appoint Larry Fournier as EDA Advisory Commission Council Representative. Ron Black seconded the motion. Motion carried unanimously. Ron Black noted that the minutes should reflect that the Council Member is a liaison officer. Larry Fournier motioned to appoint Doug Lindenfelser as Vice Mayor. Floyd Roden seconded the motion. Motion carried four to one with Doug Lindenfelser opposing. The Planning Commission Update: Council Rep Ron Black said the Planning Commission is working fine. Park and Recs Commission Update: Council Rep Floyd Roden said a Staff Person to take minutes would be fine. It should be on the next agenda for consideration. Otsego Creek Authority Update: Floyd Roden had no update as Larry Koshak had covered it. EDA Advisory Commission Update: CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT 7:30PM - PAGE 15 - Larry Fournier said basically it is working well. They finished their last project. (See letter from David Licht as to what they are looking at for new projects). Pawn Shops: Letter from Dave Licht they are looking for Council approval. Dave Licht will work with them if the Council so wishes. Ron Black felt that all five things should be worked on. Larry Fournier agreed as did the rest of the Council. Ron Black motioned to have the EDAAC proceed with all five items in Dave Lichts letter. Doug Lindenfelser seconded the motion. Motion carried unanimously. Maintenance of the carpet. Curt Otterness felt a carpet and tile cleaner machine for $1,800.00 to $2,500.00 would be a good idea. Should we pay that much? Next meeting it will be discussed. Administrative Committee: We didn't have a meeting. 4:30 on Wed, we will meet on 1/12/94 instead. Jim Barthel presented the Treasures Report. The water softener for the old city hall was brought up and the quote seemed too high. Doug Lindenfelser will check with willie Duerr on same. Judy Hudson is getting a quote on a movie screen. Mayor Freske thanked Ron Black for the locks on the voting booths and hanging Jerry Perrault's plaque. On motion the meeting adjourned. NO N F FRESKE, MAYOR I ODEN, COUNCIL RRY RNIER, COUNCIL EBB ELAl N BEATTY, DEPUTY CLE ZONING ADM: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION ESTABLISHING DEPOSITORIES FOR CITY FUNDS BE IT RESOLVED, that the City of Otsego designates the First National Bank of Elk River, Bank of Elk River, Security Bank Northwest of St Michael, First Bank, Norwest Bank 'of Minneapolis, Edward D Jones & Co., and Minnesota Municipal Money Market Fund as the City's Depositories of City funds. The City Treasurer is authorized to deposit up to $ 2 million dollars (2,000,000.00) in each of these depositories, except as to deposits insured by the Federal Deposit Insurance Corporation or protected by collateral or a corporate security bond, the depository shall give bond to the municipality in at least double the amount authorized to be deposited therein to be approved by the City Council. The City Treasurer shall deposit all or any part of the City's funds into the depository and withdraw the same where directed by the City Council to do so other terms and conditions of deposit will be as decided by the City Council from time to time. Dated: January 10, 1994 NORMAWF FRESKE, MAYOR CITY OF OTSEGO A+T laine Beatty, Deputy C1 Zoning Adm. (CXTY SEAL) CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION ADOPTING AN OFFICIAL NEWSPAPER WHEREAS, the Elk River Star News is a qualified newspaper of general circulation within the City of Otsego: BE IT RESOLVED that the City of Otsego designates the Elk River Star News as the City's official newspaper effective immediately. BE IT FURTHER RESOLVED that all ordinances and any other matters which are required by law to be published in an official newspaper, and all other matters which the City Council shall deem advisable and in the public interest to be published, shall be published in the Elk River Star News. Dated: January 10, 1994 NORMAN F FRESKE, MAYOR CITY OF OTSEGO ne Beatty, Deputy Zoning Adm. (CITY SEAL) ORDINANCE NO. 94-1 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS; Section 1. The official zoning map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the following described property: The South Half of the Southeast Quarter, Section 22, Township 121, Range 23, Wright County, Minnesota. EXCEPTING therefrom five legally described tracts which descriptions are on file at the office of the Deputy Clerk at the City of Otsego Office. Section 2. The above described property is hereby rezoned from A-1, Agricultural -Rural Service District to INS, Institutional District. Section 3. The Zoning Administrator is hereby directed to make the appropriate change in the official zoning map of the City of Otsego to reflect the change in zoning classification as set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 10th day of January 1994. CITY OF OTSEGO By: V Norman F. Freske, Mayor Jer-crnc -Pc r -r -a: Elaine` Beatty, Deputy Clerk/Zoning Adm. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 94-70 RESOLUTION APPROVING AN AMENDMENT TO THE OTSEGO COMPREHENSIVE PLAN ADJUSTING THE IMMEDIATE URBAN SERVICE AREA BOUNDARY TO INCLUDE THAT PROPERTY RECENTLY OBTAINED BY ELK RIVER INDEPENDENT SCHOOL DISTRICT NO. 728 FOR CONSTRUCTION ON AN ELEMENTARY SCHOOL AND AN ABUTTING FIVE ACRE TRACT. WHEREAS, Independent School District No. 728 is the owner of a certain tract of land (subject property) described ,on Exhibit A to this resolution, and consisting of 47.7 acres, on which it desires to construct an elementary school to service areas of the City of Otsego; and WHEREAS, upon transfer a five acre parcel (Exception 5) was separated from the parcel; and WHEREAS, the subject property is now within the City's Long Range Urban Service Area; and WHEREAS, Independent School District No. 728 has requested rezoning of the subject property which has necessitated amendment to the City's Comprehensive Plan to remove the subject tract and abutting five acre parcel from the City's Long Range Urban Service Area and place it in the Immediate Urban Service Area; and WHEREAS, Said request has been approved by the Otsego Planning Commission and they have made Findings Of Fact and Recommendations that such requests be approved which are attached hereto as Exhibit B; and WHEREAS, it appears to the City Council that the subject property and abutting five acre parcel can be adequately served by future sanitary sewer service and the City Engineer has concurred in this determination; and WHEREAS, the lands do not qualify as a premature development in that: a. The land holds adequate stormwater drainage capacity. b. The land has a safe water supply. c. Adequate roads serve the property. d. The site holds the ability to accommodate a safe sewage disposal system. NOW THEREFORE, THE CITY OF OTSEGO RESOLVES AS FOLLOWS: 1. That the City Comprehensive Plan be and hereby is amended to include an adjustment removing the subject property and abutting five acre parcel from the Immediate/Long Range Urban Service Area and placing it within the Immediate Service Area and abutting five acre parcel. 2. That the text of the Comprehensive Plan and all maps showing the subject area and abutting five acre parcel attached to and incorporated into the Comprehensive Plan shall be adjusted to show the changes made in the boundary around the subject property. 3. That the Findings Of Fact And Recommendations of the Otsego Planning Commission are hereby adopted in their entirety and incorporated herein by reference along with the Staff Report by Northwest Associated Consultants, Inc. dated October 13, 1992. Passed this 10TH day of January, /1994 City of Otsego - Norman F. Freske, Mayor 'U'i- PE- r 1*lt--City-c1 Elaine Beatty,,Deputy Cler /Zoning Adm. Exhibit "A" • •' •' • '..4.17)/•• ' • • • • • • • ),Zi• • / ' ‘t" ' • 40/ 2•-•/‘ , • l'.:4''P'll•••O.11./...1°7"1 • ''O':to 1/, *,•," 0 OD , . n• 114. , ••.. is • (V • 44 .a) 9 411 • • " • l'"it '• .)o) unr:• ' 'a; mr,01. .` .: :.........go•.4i. • 0-..... , .... 0: • ...4 0 0 0 .4..4' 0 ...,..:...,44 04 4 w .2 ^. .8..8461:41.. • ... •.).,... • :././...;.4...:4/W4-1 0 " (443 +)-/Q •-• 0 7 ./'/•"'://:••1•../iF4P t1• • •,..g• 1-j .C2.4:..8'.2. 5' ', '-8. 8 81.'.'-'1 ° .2° `4 -*,4.,...b* '4.;'' .., co u ._, 00 au ./.7 • ' r.s 0. 00 . 1-4 • K • g.' . • • 'Ai* 1.744. '4) ' 0 z on a) = '::'.tivitio .. .ri 44 g 1 1-1 4 0) 4. 0 0) 0 ••••1 , 4--I 44 0. a .4..1 40 1.1. 1 . 13 -0 00 ..M 8 2 4)4)a ... 'EL `Vpo ..,..i'l ./.' o .,.., 01 -4 1 00 V 0 .4 4 44 0 O c 414 ' •' ; ' IV.° ;CO. i'l,,9..., 0 -3 . Z if.. .`0'; . • • .44 40 ..5• . • . s• :0 .•.•1 0 0 00 0 8 2 8 f..' w ?" 2. °to V.0 " 0 01 .0 4) .0 7 7 1471,!'' r ...H.:, al .. 444 4) = 0 40 17 44 g °U`,8....2.F, 71: g s O I- ': • . . ,... • „ .. „.• ... . . - 4-1 4) 0 71 74 r. ••-I .4 &) 10 0 U SI 0/ 4) o 000 71 •••1 .4 ....I C...h - •67 0 ).1 0 V 1-1 7 :•C o v • 7 4.4 • • IL 0 . • t 40 14 47 0) ! 44 1) A 2 >. '8 44.3 8 00,4°, 0 44 44..4 0 r 03 ,-4.4 0 0 0 • z .v.12 E.. 4 .3 : o w 74 4) 0 44 . , • 0 0 n 4) CO 0 • ..-4 . 0•19. 2.101'1! 0 • 9-1 ?), - •-i `64 tl, oa .i4 010 .4 P.. A -I 0 )it,.•2 .0 CO 11 14 0 0 0 "0 0 • 7. 7 CO 4) 0 7' • O 14 0 11) 7 0 0 *0 • '0.0 • 410314411-47040010 ../7 74 OCC041)=7 001-11,4•4 :. 0 •. ot 7 co/ AO 0 44 0 .44 0 71 15 7 4'1 7 7 44 . 7 Os • C 8/3 .41 4".• 0 111 O. )4 7 4) 44 U .04 0 A) 0 4,1 3 8 •" 13:4 'at, 8. r .0 • 10. wo 2 .... 0,0 0 0 .41 .o. a as o .4 0 V, 0 4.1 . 0 . 0 '444 1-1 17 4) 0 74 •r1.0 1,f7-' 8s.88.V.8.8ttl t 0 , 4, • r.-4 r1 0 til 0 O CO CO 0 0 AO • 0 C. 14 .2 1 8 " 8 °'") 1.4 2 o 00 - N • (04.4 V) 0 ••-• 01 V) ON 0 U Z 4) &) 0 i... R t `"0' 3 8 .0° 1.0-' • .0 V) .4 17 • (r) ...J ).. . t '41 t . 0..-2 44 5 a) oi 4) • U 01 V • 4.) 0 = (V (0 a-. .4 lo 0 ..• u 0+ -a • . 0 o to o r-1 1.4 .7 0 0 7. 7 to u a) o _ 'fp .4 0 o .0. 0 z w )?4 .8- ..°, ,. V " 2 4... 0...0 00,....,,..0 4-1 CA 7 .7 tn 5 8 ,,,,. 8 - 4-1 •44 8 •mr,c0) 414,1, O . . 4) 7 .0 0 00 0 0 0 0 (0 ) In .1) -5 2 05 8-4 8 44 .tc0 ° 0° O 0 0 05 0 0 CO ,.., . j.,0 0) 7 .1 0 71 0 0 7 7 7 71 7 0 • " 4/ 4-1 4) O /40071.1 0 ..0 O 4) 17 V V 04 0 7 7 ..) r 1.3 71 0 4. r-4 CO ,-, /J :; . VI g "1 2 0 "' 8 8' 3 43 4/ 0 7 0 .1 17 4.41 C 0) 71 7 7 .4 0 0 0 06' {... 0 0 0..0 C 44 7 0 03 4.4 AI a0 0) •.0 •••4 4-4 r 4-4 ti 5, ° (ce, f..4 -, 8 0 P OJ 0 111 .4 0 .4 0 7 0 0 4111) I .. .,, co a4wao Ca.) 6. a la 0 0 7 0 /-4 • 0 0 4-1 0 ••••• al 7 .1 0 1.4 . CSI .0 0 CO C '8 S .2( 2 0) . Z. 0) .2 g -.4 74 CA to .0 C • 14 0 4) 0 E "4 0 • OS (f) 7 0 4 0)4-44-4 00 0 4-4 ...7 14 A/ 14 O 0 0 • 0 41 0 0.1 /0 U 44 CA 7 0 41) g .1-, 0) 0 B (4;,' 2 --t .2 703 g 2 8 8 c..4 o14 II ••• 0 -g - ,u 1+44) 44 11 0 0 ^0 C • C 4.4 C • • .;:: Co) 4•1 . i0104 ..0 V/ C 0 17 7 0 0 0 44 0 0 44 4.3 {4 ...Y 0 7 • II.• ,..1 0) 4)4) •,-141010-.440) 40 0 0 •••I = 0 V) 0 4) 0 13 c/J 0 4:Sg) I 1 .2 4 -" 44 0.1 a, t. >, „ 4. - t ., 8 .... 0 ....• 0 0 4. 0 0,0 0, Crl bia. o ,--i 4) iela 14 0 • -0 0 Aims 17 0 V 40 71 ..7 4000.4017 0 0 O 44/ = 7 0 0 = 0 4..) CO 7 0 1. 17 0 .g II,. 8 -g0 8.1:. 2 ° " .,... 0 0 0.) .4 0 4) 41 -4 • //, 0 ci) 0, 44 •-) ta 4+ • .0 .4) .54 4.1 00 >, • 14,4 C1 00 •44 4.4 74 .7 4)4) ...4.) ,,., 8 .- O CO • 0 . 410C4004) 0 .7 A •47' 0 01 .-1 .4 1:0 4494 4+ 4 •Cilj cr) CIO) A *.-'4' ° 00 .0 .8 t.t ".. 2' 0 0 0 .0 0 0 71 ..0 ,--4 1.1 0. 0 4.) 0 U • 01 V) 1-‘ 44° 41•7 '4 711 C. = i. t 8." 0 ,:s0 ° 0 2 V° ..r... ..., 0 ..,-. ..... 0 0 0 0 4/ 61 4110770.14) A) .14?) 1'1 15 t t13 4:171' 2 g " 0400 C. 44 74 "0 44 7 03 0 CD 11 O CO .7 0 7 •04 7 14 17 C.. 44 0. 7 14 7 0 0 0 44 •4 7 0 41 1.4 7 71 01 71 7 0 .4 4)0 0/ CO 0 000ao 0,.....1 .4 LI ••• El 6.. 8 4 8, '4 0..... 0 40 ".....0 .,..4 ,......0 04.4 0 if 0) 0 0 .54 '44-1 V .7 Q 7 IX 19 {4 4., .= 0 44 0 44 14 . {4 1.4 4) s acumwo 4.1 44 tj1 t " r. S .1 •S' 1 3 • - •ref 0) .0 C •-• al. W 41 tr) 00 44 ) W 0'1., et u 0.4 a a a a o 1H In 44 00 0, 14 0 -S. 8).0. 4.4 cg, 01 0 ^0 01 .4 Cil .1) S 04 "0 t o 2 8 F -0 70 1.4 0 4_. 8.2 4 .0 0 0 4/ 0 14 00. 0 44 •,-1 4) •-I 4.1 •,•1 44 6) 0 0 14 •-i .4 0 7 71 .0 44 0 4) 44 0 44 0 0 c C41 0 0 .. ' 0 7 14 ...11 C. 0 7 0 "; 7 00 14.0• 040 .4 7 41 0 Al AO 4/ 7 7 /4 1.: 0 0 0 --1-7 7 0 0 0 • . ..0 0) oo o to v) .4 4 O „a 41 . 4.3 .4 o 4) .0 74 C '0 V 0 . 0 .0 .0 0 .7 0 0 .0 0 00 0 0 0 0..7 17 .7 (4.0 0 {.. _0 DO 1-4 ''1 O 4)4) tr) +.) 4•1 • ••••I c0 4.4 .4)4/14r ?•••4141 2 CM 74 § 0 .0 :. 4-4 • ,. .. V 0 p0 4 .4 44001404441. 101-108 V) . 7 .4 0 0 C•4 .0 ..• • 64'0 . .• • ••••1 44 4 '4.0 0 W , 0 .4.66.10 0 .4 0 'V 6-..0 .. 1 .1 ' . t"2 2 8 o '.. t 0 '9 " 8 40,-.1.. ,4 . %I •tplXV • •-• 00 .10 ' 0 .0 7 0 71 0 4 01 14 ';,/,r• • 7 ". 0. . '0% ... ' , ..-1. 0 0. 0 4-4 ''': ';••• . WO •; : . IOW 0•• ' ,g:444,:/..; .44.0):0)14.71,..7.4,0 .)g,; ...1 •"10'. • .. 18. ' ,14'.... u) 0 f0'...1 0 42 . 8 7 .-.0.ri,.if...;, .44',4g., 0 u ,;.... ......,:i. 4, ., ..;',..). o .. • o 1 .4 • • g.,.. .4 .3.;; 1 • 884) , 14 00 2 7. , • Z 1 • . • ° : '• 1 4) o .14 0.43 .,... ° ''.• -V "44 .... .. 14..303 W 4444 Kf.. In 4), • • V 44 • 04 44 .0 , .C. 0:r , • 44• 0 ••• In 00 •. IV 44 10 +I . 0 4.4 •• 0 4) 0 •••.1 4.4 • 14 L asi ... 4+ '4.) .--1 •--. 0 "4 0 , -..414444.4444 •• U 7 0 . 4,/ CO 7 • •' .' 04)" • -0 0 4/ I., 4.) a *: ° S 4, ° 47; 2 Ac`) 11 w5n 0 .. z 0 44 .. CO U 0 V 01 4) 0) C4 00 14 4) 8-4 4 ••=.1 44-.'l ..... CA 0 0 . 44 a a) 44 0 0) w 144-' 44 .0 44 0 0 7 ci tel 4.1 ..? co0 rw 0 74 .7 44 0 VI 0) 0.1 4) f). 2 .0 0) .44440 4-40)4044-40•0 .0 .I.1 1".• 0 7 1/1 0 4.1 1..4 0 +.1 -.7 •-•0 0 0) O 04) Al • /74 71 • 7 7 C.) cl c 0 ,•••1 •0:1 C 40 ..-1 0 . H 0 0 0 .2 g ,0 El 2 ill il; VW •‘% " It ..8 3 8 0 0.'8 44 • • 0 4) 44 O 0) .0 0) 1.1 4) .4. m 8" 0. 0. 0. 0.0 ,... 0 4-1 01 14 .14 H 0 44 r-1 Z 14 0 03 I.. 0 00 Li .4 4-1 0 0 -0 $4 0 44 • 44 1-1 AJ • 4.40 01. I) 4) .L.1 4-1 .-l4) .1.4 O 14 C • • CO AO • 2. = 0) .0 .0 .0C 7C4 4.4) 0 0 0 0 0 4)00 01 1 7 .7 V 7 0 041 0 11) 4/ - • .11/1 440700 = 7 .04 tu ,.., .r40 4.., 4., 4) ... i..,(1.1 2 7 4.) • 0 7 44 44 0 I1) S 17 /41 44 44 00 C .7 'V 14004)C 0.000000 •••1 r -1Z ....IMO. )00,44 (:) C) w 0 ti 2 g 1 44 440 04-440)4440 4 7 74 4-1 ..7 "CI 7 •C 4•O E. ••4 al 41 7 7 4,1 7 4-8 • • IJ "A r. 74 74 0 .7 1. .0 7 ..0 4.-. 6,4 .0 0 .• 0,4 40 00 0) 00 0 ,"• ,"• 1 ^ C 0 4 2 2 8 44 8 tr.1 8 .1? c.,,)., -0, 0 II •- 44 .4 .4 ...7 71 U .--4 C•4 0' 10 C4 0 .0 = 4' "0 4•1 .4 P.. /4") ed ‚4.4 4/1 1-1 ..0 B = ..4) CV 0 60 O V) .4)4) 1-4-0 INDE 22, SUBJECT PROPERTY: IN RE: REZONING APPROVAL CITY OP OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Elk River Independent School District #728 to rezone the following described land from A-1 Agricultural -Rural Service District to INS, Institutional District. The subject property is legally described as: The South Haif of the Southeast Quarter, Section 22, Township 121, Range 23, Wright County, Minnesota. EXCEPTING therefrom five legally described tracts which descriptions are on file at the office of the Deputy Clerk at the City of Otsego Office. On 26 October 1992, the Otsego City. Council met at its regularly scheduled meeting to consider the application of Elk River Independent School District #728 to rezone the above described land from A-1, Agricultural -Rural Service District to INS, Institutional District. eased upon the application, the recommendation of the Planning Commission and the evidence received, the City Council now makes the following findings of fact and decision. ZINDZNGs OP PACT 1. The applicant is requesting a rezoning of the following described property from A-1, Agricultural -Rural Service District to INS, Institutional District. The subject property is legally described as: The South Haif of the Southeast Quarter, Section 22, Township 121, Range 23, Wright County, Minnesota. EXCEPTING therefrom five legally described tracts which descriptions are on file at the office of the Deputy Clerk at the City of Otsego Office. 2. On a preliminary basis, subject to formal processing, the subject property's inclusion within the City's immediate urban service area has been considered and found to be warranted. 3. Section 20-3-2.P. of the Zoning Ordinance directs the Planning Commission and City Council to consider seven (7) possible adverse effects of the requested rezoning. The seven effects and the 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 has been found to be in the best interest of the community in a long perspective and will promote land use compatibility and predetermined goals and policies of the Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. • the proposed use is compatible land uses in the area. c. The proposed use's conformity standards contained herein (i noise, etc.) . with present and future with all performance .e., parking, loading, As part of subsequent site and building plan review, the proposed use will be required to meet all applicable performance standards. d. The proposed use's effect upon the area in which it is proposed. The proposed rezoning and resulting use will not adversely affect the area in which it is proposed. e. The proposed use's impact upon property values of the area in which it is proposed. The proposed rezoning will not adversely affect property values in'the subject area. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Following proposed Wright County improvements to County Road 42 (i.e., turn lane, bypass lane, signage), traffic generated as a result of the rezoning is within the capabilities of the street (County Road 42) which serves the property. . the proposed use's impact upon existing public services and facilities including parks, streets, and utilities, and its potential to overburden the City's service capacity. The rezoning and resulting land use will not overburden the City's service capacity. 5. The planning report dated 13 October. 1992, prepared by Northwest Associated Consultants, Inc. and planning report addendum dated 21. October 1992 to the Otsego Planning Commission and City Council are incorporated herein. 6. On 21 October 1992, the Otsego Planning Commission conducted a public hearing to consider the proposedrezoning preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the rezoning based on the aforementioned findings. pEcisso1 . Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone the subject property, as described herein, from A-1, Agricultural -Rural Service District to INS, Institutional is approved in its present form subject to the following: 1. The administrative subdivision requested by the applicant is approved by City staff. 2. Comment from other City staff. ADOPTED by the Otsego City Council this 10TH day of January, 1994 ATTEST: CITY OF OTSEGO By: ( v. - G�- „7„.....4 orzt au F. Freske, Mayor �cp_ Pecisl * - yy- E1aine Beatty, Deputy C erk /k/Zoning Adm. 3