City Council Meeting Minutes February 18, 2020

Pursuant to due call and notice thereof Mayor Alan Skramstad called to order the regular meeting of the Mora City Council at 6:30 PM on Tuesday, February 18, 2020, in the city hall council chambers.

2. Roll Call: Present: Mayor Skramstad, Councilmembers Treiber, Anderson, and Mathison Absent: Jack L'Heureux

Skramstad reported L'Heureux had resigned from duties of the city council and the HRA because he had taken a job full-time in the City of Caledonia.

Staff Present: City Administrator Crawford, Community Development Director Thorp, City Accountant King, and Deputy City Clerk Yoder

3. Adopt Agenda: MOTION made by Anderson, seconded by Mathison, and unanimously carried to approve the agenda as presented.

4. Consent Agenda: MOTION made by Treiber, seconded by Mathison, and unanimously carried to approve the consent agenda as presented.

a. Regular Meeting Minutes -January 21, 2020 b. Joint Special Meeting Minutes - February 10, 2020 c. January 2020 Claims d. Election Judge Appointments e. Accept Restricted Donations f. General Fund 2019 Budget Amendment g. Revised Letter of Commitment for SCDP Application

5. Open Forum: No one spoke at open forum.

6. Special Business:

a. 2020 Vasaloppet USA Event Debrief: Deb Morrison and Barbara Fredrickson of Vasaloppet USA gave a report on the recent Vasaloppet events; stating there were 300 more registrants than the previous year, there were over 500 volunteers, and thanked the City of Mora for the all work with the last minute to-dos.

Anderson reported receiving positive feedback from spectators.

7. Public Hearings: There were no public hearings.

8. New Business:

a. Brunswick Township Fire Call Disputes: Yoder reported city staff had a meeting with all fire response participating townships on January 15, 2019 regarding the billing process of fire incidents to area residents. At the meeting the consensus was to try a new form of billing for 2019 where townships were billed directly, on a monthly basis for residents that received fire department services to assist townships with frequent home sales that also assess fire invoices to property taxes. This process is to be evaluated when the Fire Protection Agreements are due July 1, 2020.

Jeff Akkerman of Brunswick Township spoke on behalf of two of Brunswick township's constituents, Joan Lakedon and Robert Magaard, regarding fire response invoices for CO2 alarms from the city which Akkerman felt were excessive. Akkerman questioned the process of the city billing townships directly for a township resident's call for fire response and asked if townships were involved, did

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City Council Meeting Minutes February 18, 2020

they have a say in the decision-making process. Akkerman requested the two invoices be lowered to $100.

Robert Magaard, 1885 160th Avenue, Mora, stated when he called for help, he specifically stated it was a non-emergency and did confirm with the KCSO dispatcher he had a headache, which led to the MAFD being dispatched. Magaard stated he lived on a fixed income and could not afford the bill.

Fire Chief Anderson explained the 911 process when a call is dispatched: every MAFD member's pager goes off with no ability to limit the members called to respond and everyone responds, at the hall a decision is made for how many go out; per OSHA or NFPA standards for carbon monoxide responses the procedure is twa­in two-out. The $500 bill is the basic response fee for a II responses including fire, rescue, or CO2 monitors - which may seem excessive, but all members have responded and those leaving the fire hall have 1.5 million dollars of equipment. With CO2 the ambulance and deputies are only able to assess the situation, and because Magaard stated he had a headache and CO2 was mentioned, it constituted an emergency. Anderson added if dispatch had a conversation and decided not to page the MAFD, it would be a county decision of which the city has no control.

Skramstad informed Magaard a payment plan was an option for the invoice and directed Yoder to follow up with Magaard. The council consensus was to discuss the township billing at the time of service agreement renewals.

b. KCSO Squad Replacement and Purchase: KCSO Sergeant Dylan VanGorden reported city squad car #191 was involved in a crash and deemed a total loss by insurance and Ford no longer produces the sedans normally purchased by the KCSO. VanGorden presented options for replacement of the damaged squad car as well as the purchase of the new squad car per the approved 2020 budget. MOTION made by Treiber, seconded by Mathison, and unanimously carried to approve the purchase of two 2020 AWD Dodge Durango V-6 vehicles and installation of emergency equipment in the amount not to exceed $47,700.

c. Airport Property Lease Agreement: Crawford reported Arthur Baehr had a lease agreement with the city for property and a pole building that sat on city owned land and private property and was selling property to Jeremy Japp which created the need for a new lease agreement with Japp. Crawford also noted the city did not have use for the pole building and eventually the building would need to be removed or relocated from airport property for proper airport zoning regulations. MOTION made by Treiber, seconded by Anderson, and unanimously carried to approve the property lease agreement as presented and direct the mayor and city administrator to enter into the lease agreement.

d. Conditional Use Permit - Utility Transmission Lines in Floodway District: Thorp presented a Conditional Use Permit application to allow utility transmission lines to be located in the floodway district as requested by Great River Energy and Southern Minnesota Municipal Power Agency to replace damaged utility poles in and near Lake Mora and Highway 65 right-of-way. MOTION made by Treiber, seconded by Mathison, and unanimously carried to approve the following resolution:

RESOLUTION NO. 2020-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORA, MINNESOTA,

APPROVING A CONDITIONAL USE PERMIT TO ALLOW UTILITY TRANSMISSION LINES

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City Council Meeting Minutes

February 18, 2020

IN THE FLOODWAY DISTRICT AS REQUESTED BY GREAT RIVER ENERGY AND

SOUTHERN MINNESOTA MUNICIPAL POWER ANG ENCY

(see attached)

e. Conditional Use Permit - Non-Residential Day Care Facility: Thorp reported

Recovering Hope Treatment Center had an existing on-site childcare facility which

cares for children of its clients and would like to expand childcare services to the

general public; the facility's state licensure was for 35 maximum children which

would remain the same if allowed a conditional use permit. MOTION made by

Mathison, seconded by Anderson, and unanimously carried to approve the following

resolution:

RESOLUTION NO. 2020-224

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORA, MINNESOTA,

APPROVING A CONDITIONAL USE PERMIT TO ALLOW A NON-RESIDENT DAYCARE

FACILITY IN THE R-3 MULTIPLE DWELLING DISTRICT AS REQUESTED BY RHTC, LLC

(see attached)

f. ADA Automatic Doors - Mora Public Library: Crawford recounted receiving

numerous complaints from patrons of the Mora Public Library about the main

entrance doors functionality for those with disabilities. Crawford proposed the

installation of two ADA automatic assisted door openers and four ADA push button

plates at the Mora Public Library; project cost would be $12,001.92 with $11,701.92

to Star Quality Glass for labor and equipment installation and $300.00 for parts for

the MMU master electrician to install the power units. MOTION made by Treiber,

seconded by Mathison and unanimously carried to accept the quote from Star

Quality Glass and approve the installation of ADA automatic assisted door openers

and push button plates at the Mora Public Library in the amount not to exceed

$12,001.92.

9. Old Business:

a. Ordinance Text Amendment - Regulation of Fences: Thorp returned with

conversation regarding proposed fence regulations that was tabled at the January

21 council meeting. Thorp explained the city did not currently issue fence permits,

however the planning commission recommended an issuance with a minimum of

one inspection at the beginning of a fence project, which would require property

owners to expose their property pins or use the service of a land surveyor to locate

the pins. Thorp stated while a permit fee of $25 was approved by the planning

commission, the goal of the fence permit was to ensure fences were installed on

correct property lines and not too close or over property lines - which was the main

occurrence, not to generate revenue. No fee would be required for interior fencing

of a yard. Treiber recommended the planning commission develop a plan for

properties that do not have pins, because survey work can be expensive and should

not be the reason a property owner is unable to install a fence. MOTION made by

Treiber, seconded by Anderson, and unanimously carried to approve the following

ordinance:

ORDINANCE NO. 465

AN ORDINANCE ADOPTING A TEXT AMENDMENT TO CITY OF MORA CODE OF

ORDINANCES, TITLE XV LAND USAGE, CHAPTER 150 ZONING CODE PERTAINING TO

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City Council Meeting Minutes February 18, 2020

THE REGULATION OF FENCES (see attached)

b. Dala Lane Improvement Project Assessments - Parker: Crawford recounted Liza and Tony Parker attended the January 7, 2020 council meeting and spoke at open forum as well as the January 21, 2020 council meeting where discussion was tabled regarding assessment deferral. Crawford emphasized the 2009 Agreement of Assessment and Waiver of Appeal had been provided to the council.

Tony Parker, 2079 Dala Lane, presented a request for the council to renegotiate the agreement and requested the council vote down the waiver of appeals. Parker pointed to MN§ 429 where it states the council has the option to renegotiate.

Skramstad maintained that the process could not be delayed and needed to be resolved. Anderson followed by stating the Parker's had already received a one-year extension, the city held to its agreement and went above and beyond by extending the assessments for an additional year. Skramstad added if the parcels had a valuation disagreement, the responsibility fell on the Parker's shoulders to seek remedy, not on the city.

Dean Trongard, real estate broker for the Parkers, spoke from the audience and requested a work session with the council to work with council and staff for a solution, stating he questioned the amounts that were assessed in 2009 as well as the interest rate of 4.5%.

King clarified that project expenses were not paid out of the city's general fund. Total project costs were over $363,000, which were hard costs the city had spent leaving the project fund in a deficit position. The only revenue source for the project fund is the special assessments, and the two other property owners involved with the assessments have been making payments.

Crawford asserted the agreement stated, "at a maximum interest rate of six percent (6%} with the first payment due with taxes payable in 2011..." and all parcels in the assessment roll were at an interest rate of 4.5%. King explained the city has lost interest income in lieu of borrowing. Crawford pointed to the assessment resolution which says 4.5%, not 6%, and stated one could argue that it should be 6%. Additionally, all others involved paid 4.5%.

Liza Parker spoke from the audience announcing the assessments were so excessive the properties could not sell.

Treiber reminded Tony Parker of her previous request for solid proposal with detailed and specific plans for a solution and expressed disappointment with Tony Parker's return with what-if's rather than a solution as promised.

Anderson clarified the land was platted out, divided, and it was requested the property have the infrastructure installed, all to benefit the Parkers. Treiber maintained the situation and renegotiating the assessment was not fair to the taxpayers; while sympathizing with the Parker family, at the end of the day to have the taxpayers carry this, was not fair.

Mathison voiced, either way one party will be unhappy. Mathison went on further to explain it was the council's responsibility to be diligent to its residents, taking into consideration the overall benefit of all residents over just a few.

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City Council Meeting Minutes February 18, 2020

Sara Parker spoke from the audience stating the goal of the Parker family was to negotiate the interest rate only and paying the assessment themselves. Crawford stated that was not what Tony Parker requested.

King stated the assessments for the parcels remaining to be sold according to city records was: $151,526.77, $51,957.36, and $89,819.98.

Treiber requested the Parker family work together toward a common goal outside of reopening negotiations.

The council consensus was not to reopen the Agreement of Assessment and Waiver of Appeals for negotiations; council considered looking at the interest rate after having a financial analysis and judging if the taxpayers could uphold this burden. The council declared City Administrator Crawford as the point of contact for the Parker family.

Tony Parker and Skramstad discussed the assessment and value of the properties; King commented state statute dictates the burden of proof of property value falls on the property owner.

Council directed staff to perform an interest rate analysis in increments of 1% for the entire assessment roll to be brought back to the city council in March.

10. Communications: The following communications were reviewed.

a. 2019 Quarterly Financial Reports: King reviewed the quarterly financial report noting the advance to the Mora HRA.

b. North Country Bottle Shop 2019 Year End Report c. MAFD Monthly Report - January 2020 d. MAFD 2019 Year End Report e. KCSO Monthly Report - January 2020: No report was provided. f. KCSO 2019 Year End Report g. EDA Meeting Minutes -January 4, 2020 h. Airport Board Meeting Minutes - January 4, 2020 i. Park Board Meeting Minutes -January 4, 2020 j. Planning Commission Meeting Minutes - January 10, 2020

11. Reports:

a. City Administrator: Crawford reported the PUC met today to discuss electric vehicle charging stations, SMMPA will pay for two level-2 Dual-Port Chargers and one DC Fast Charger; MMU would be responsible for site preparation, installation and maintenance; the plan was for the Level 2's to be placed downtown on the north side of Railroad Avenue near the Klocka and the DCFC at Coborns and staff was directed to begin discussions with Coborns regarding interest; this creates awareness about clean driving and has been a goal for the city EDA; installation costs will be approximately $56,000.

b. Councilmember Anderson: Anderson reported receiving a complaint about the horse manure in the city left by Amish community horses in a handicap parking spot at the laundry mat.

c. Councilmember L'Heureux: It was reported by Mayor Skramstad that L'Heureux had resigned and accepted a full-time position in Caledonia; a replacement appointment should be done soon to fill the remaining nine-month position. The question was asked if the seat could remain open or if it had to be filled; Crawford was directed to

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City Council Meeting Minutes February 18, 2020

report back. d. Councilmember Mathison: Mathison wished L'Heureux the best in his endeavors. e. Councilmember Treiber: Nothing new to report. f. Mayor Skramstad: Skramstad read a letter received from the Superintendent of

Mora Schools Craig Schultz, stating the High School was deemed unsafe after an inspection with homeland security and asked the city to vacate Maple Avenue. The council consensus was not to vacate Maple Avenue and Crawford was directed to draft a letter responding to Schultz with the council consensus.

12. Adjournment: MOTION made by Mathison, seconded by Treiber, and unanimously carried

to adjourn at 8:54 PM.

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RESOLUTION 2020-221

CITY OF MORA, MINNESOTA A RESOLUTION APPOINTING ELECTION JUDGES FOR THE

2020 PRESIDENTIAL PRIMARY, STATE PRIMARY, AND GENERAL ELECTIONS

WHEREAS, as per MN Statute 204B.21 subdivision 2, it is the responsibility of the City Council of the City of Mora to appoint election judges as follows:

By February 18, 2020, appointment for the March 3, 2020 Presidential Primary Election, August 11, 2020 State Primary Election, and November 3, 2020 General Election;

WHEREAS, election judges will attend the required three hours of training and the additional hour of training specific to the Presidential Primary Election, and with the head judge receiving four hours of training and the additional hour of training specific to the Presidential Primary Election, to take place at the Kanabec County Courthouse und the Kanabec County Auditor; and

WHEREAS, with over 500 registered voters, the city is required to maintain a minimum of four election judges on sight; and

NOW THEREFORE BE IT RESOLVED, the City Council of the City of Mora, Minnesota, hereby appoints the following to serve as election judges for the above referenced elections:

Head Judges:

Judges:

Patricia Tracy

Jan Anderson Kelly Erickson Tami Goley Norma Heggernes Rhonda Jannett Nancy Raiche Jennifer Strande

Election Administrator: Mandi Yoder

Gill Williams

Michelle Bollenbeck Roger Goley Mark Gravich Sandy Ives Dorothy Lindquist Peggy Schaupp Marilyn Terhaar

BE IT FURTHER RESOLVED, on this \2-\-1,\. day of :'.t"Qb~ , 2020, the City Council of the City of Mora, does hereby allow the Election Administror to make substitutions to the above slate of judges as necessary to maintain the required minimum and fill vacancies if needed.

Resolution No. 2020-222

RESOLUTION ACCEPTING RESTRICTED DONATIONS TO THE CITY OF MORA

WHEREAS, the City of Mora is generally authorized to accept donations of real and personal property

pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically

authorized to accept gifts.

WHEREAS, the following persons and entities have offered to contribute the cash amounts set forth

below to the city, and the terms or conditions of the donations, if any, are as follows:

DONATION RECEIVED FROM: DONATION OF: TERMS AND CONDITIONS OR

DESCRIPTION OF PROPERTY:

Pine Habilitation And Supported 150 Banquet-style Chairs Donation of chairs to be used in

Employment, Inc. (PHASE) Library Meeting Room

WHEREAS, all such donations have been contributed to the city for the benefit of its citizens, as allowed

by law; and

WHEREAS, the City Council finds that it is appropriate to accept the donations offered.

NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Mora, Kanabec County, Minnesota that: ,

1. The donations described above are accepted and shall be used to establish and/or operate

services either alone or in cooperation with others, as allowed by law.

2. The city clerk is hereby directed to issue receipts to each donor acknowledging the city's

receipt of the donor's donation .

The foregoing resolution was i~ ·d'K~nd moved for adoption by Council Member~ and seconded by Council Member ~ ,

Voting for the Resolution: .... .... ....... ..... .. ~~'~'~ 1 ~ Voting Against the Resolution: ... .. ..... .... . Abstained from Voting: .... .... .. ......... ... .... . Absent : .... ........ ....... .......... ..... ..... ..... .... .... ~

Motion carried and resolution adopted this ~ day of _,_'1.JC..4.-"'<"-"-"-"'""""',,,,'9,._

Mayor

ATTEST:

L~~~ City Administrator

RESOLUTION NO. 2020-223

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORA, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW UTILITY TRANSMISSION LINES IN THE FLOODWAY DISTRICT AS

REQUESTED BY GREAT RIVER ENERGY AND SOUTHERN MINNESOTA MUNICIPAL POWER AGENCY

WHEREAS, Great River Energy, applicant, and Southern Minnesota Municipal Power Agency, owner of the proposed utility structures, submitted an application dated received December 20, 2019 and considered complete on January 21, 2020 for a Conditional Use Permit to allow Utility Transmission Lines in the Floodway District; and

WHEREAS, the subject site is generally located in and near Lake Mora and Highway 65 Right-of-Way, between Maple Avenue E. and 9th Street. Properties included in the request are legally described as:

PIO 22.00185.00 The north half of the southeast quarter/ except platted/ except 22.00265.00J except highway {Lake Mora)

Section 11/ Township 039/ Range 024 Kanabec County/ Minnesota

PIO 22.00310.00 The southeast quarter of the northeast quarter/ except that platted as Lake Park Addition; except east 330/ of north 485/; except north 363/ of west 396/ of east 726/ thereof; and/ except all that unplatted part of the southeast quarter of the northeast quarter as is bounded on the north and east by Block 9/ Lake Park Addition/ on southeast by Central Avenue and on south and west by south and west lines of

said forty. Section 11/ Township 039; Range 024

Kanabec County/ Minnesota

PIO 22.06250.00 Lots 1 & 2 Block 1 & Lot 1 Block 2/ Lake Park Addition

Section 11/ Township 039/ Range 024 Kanabec County/ Minnesota

WHEREAS, notice was provided and on February 10, 2020, the Planning Commission conducted a public hearing regarding this request, at which it heard from the Community Development Director and all interested parties wishing to be heard; and

WHEREAS, the Planning Commission unanimously recommended approval of the request; and

WHEREAS, the City Council considered the request and the Planning Commission's recommendation at its February 18, 2020 meeting and has made the following findings as required by City Code Section 152.133 (Conditional Uses), Subd. D (factors upon which the decision of the city shall be based):

Factor #1

Finding #1

The danger of life and property due to increased flood heights or velocities caused by encroachments. The proposed project involves the replacement of existing utility structures and will not impact flood heights or velocities.

Factor #2

Finding #2

Factor #3

Finding #3

Factor #4

Finding #4

Factor #5 Finding #5

Factor #6 Finding #6

Factor #7 Finding #7

Factor #8

Finding #8

Factor #9

Finding #9

The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. The applicant shall be responsible for the containment and disposal of construction materials used during the installation of the proposed utility structures. Upon project completion the city is satisfied that there is minimal potential for materials causing harm or injury. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. The proposed utility structures will have no impact on the water supply or sanitation systems or their ability to function properly.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. The proposed project involves the replacement of water-damaged utility structures. The applicant is proposing methods to prevent or limit future water damage✓ including the use of laminated poles.

The importance of the services provided by the proposed facility to the community. The existing utility transmission line is the only source of power into Mora other than what local generation produces✓ which makes the proposed replacement critical to the community✓s power supply.

The requirements of the facility for a waterfront location. The proposed utility structures do not require a waterfront location✓• however✓ the location is optimal in terms of the design of the power system.

The availability of alternative locations not subject to flooding for the proposed use. Because the proposed project involves the replacement of existing utility structures in the same general location alternate locations were not identified. Instead✓ the applicant identified methods for preventing or limiting damage resulting from flooding. The applicant did consider the alternative of ''no buildv; however✓ that alternative was detrimental because the existing transmission line is currently supporting the electrical system in the area.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The proposed utility structures are not only compatible with existing and anticipated development✓ but necessary in order to provide electric service to existing and proposed development in Mora Municipal Utilitis service territory.

The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. The city✓s 2009 Comprehensive Plan describes the city✓s electric supply and demand as a contributor to the Community Facilities and Public Services Plan. The proposed project is vital to the city✓s ability to provide electric service to the community. The citis Flood Plain Management regulations identify Utility Transmission Lines as an acceptable use when approved by Conditional Use Permit; therefore✓ the proposed project is in keeping with the flood plain management program.

Factor #10

Finding #10

Factor #11

Finding #11

Factor #12 Finding #12

The safety of access to the property in times of flood for ordinary and emergency vehicles.

Because the proposed project involves utility structures rather than occupied structures, there is generally little need to access the structures. And because the utility structures are located in standing water, the applicant has identified ways of accessing the structures during all conditions.

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site .

The expected conditions of flood waters at the project site, as described, will not have an impact on the proposed utility structures.

Such other factors which are relevant to the purpose of Chapter 152. During construction, the applicant will employ several best management practices to protect topsoil and adjacent wetland resources and to minimize soil erosion. Sediment and erosion control plans will be developed that specify the types of best management practices necessary. Depending on site conditions, best management practices may include installation of silt fencing or ditch block and I or covering bare soils with mulch plastic sheeting, or fiber rolls to protect drainage ways and streams from sediment runoff from exposed soils.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mora, Minnesota hereby approves the Conditional Use Permit subject to the following conditions:

1. The project shall be completed in general conformance to the Statement of Work dated November 19, 2019 and location map stamp dated BT December 20, 2019. Any major deviation, as determined

by City of Mora/ Mora Municipal Utilities staff, shall require further review and approval from the

City Council. Any mino r deviation, as determined by City of Mora/ Mora Municipal Utilities staff,

shall be allowed upon administrative approval.

2. The applicant shall be responsible for obtaining required permits and adhering to all conditions of approval from all applicable jurisdictions, including State of Minnesota Department of Natural

Resources (DNR) and State of Minnesota Department of Transportation (MnDOT) .

3. The applicant shall provide copies of all required permit approvals to the Community Development Director prior to the installation of replacement utility structures.

4. Given that the project involves permitting from multiple jurisdictions and is weather dependent, the city acknowledges that the applicant may require additional time to complete the project. The

Conditional Use Permit shall be utilized and all conditions shall be met within two years of recording or the Conditional Use Permit shall become null and void .

The foregoing resolution wa s introduced and moved for adoption by Council Member '1ioibQhJ and

seconded by Council Member \J\atl)LttS'A

Voting for the resolution: .. .. .... .. .. .. .. ........ ~~~~ ~ ~ . . h I . I f ) Voting against t e reso ut1on: .. ............ .. .

Abstained from voting: .. ........ .. .... .. ....... .. . ~ . Absent: ... .. ... .. ......... ........ ...... ........ ... .. ..... . L~

Motion carried and resolution adopted this 18th day of February, 2020.

RESOLUTION NO. 2020-224

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORA, MINNESOTA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A NON-RESIDENTIAL DAYCARE FACILITY

IN THE R-3 MULTIPLE DWELLING DISTRICT AS REQUESTED BY RHTC, LLC

WHEREAS, RHTC, LLC, property owner and applicant, submitted an application dated received January 17, 2020 and considered complete on January 21, 2020 for a Conditional Use Permit to allow a Non­Residential Daycare Facility in the R-3 Multiple Dwelling District; and

WHEREAS, the subject site is located at 2031 Rowland Road and is legally described as:

22.08060.00 Parcel A

That part of the Northeast Quarter of the Northwest Quarter of Section 23, Township 39, Range 24, Kanabec County, Minnesota, lying west of a line described as follows:

Commencing at the northeast corner of said Northwest Quarter; thence on an assumed bearing of North 89 degrees 56 minutes 32 seconds East along the north line of the Northeast Quarter of said Section 23 a distance of 46. 6 feet to the center line of State Highway No. 65; thence South 00 degrees 00 minutes 49 seconds East, along the center line of State Highway No. 65, a distance of 535.0 feet; thence South 89

degrees 59 minutes 11 seconds West 90.0 feet to the west right of way line of said State Highway No. 65 per the recorded Department of Transportation Right of Way Plat No. 33-2; thence continuing South 89 degrees 59 minutes 11 seconds West 300.0 feet; thence South 00 degrees 00 minutes 49 seconds East 72.0 feet; thence South 89 degrees 59 minutes 11 seconds West 343.0 feet to the point of beginning of the line to be described; thence South 00 degrees 00 minutes 49 seconds East 713.22 feet to the south

line of said North Half of the Northwest Quarter and there terminating. Except the south 160 feet of said Northeast Quarter of the Northwest Quarter.

And which lies south of a line described as commencing at the southeast corner of Lot 3, Block 2, LITTLE RANCHES 15r ADDITION; thence southerly, along the southerly extension of the East line of said Block 2, to its intersection with the south line of the north 610 feet of said Northeast Quarter of the Northwest Quarter and the point of beginning of the line to be described; thence westerly along said south line of

the north 610 feet a distance of 180 feet; thence deflecting to the right 4 degrees 00 minutes 00 seconds a distance of 445.62 feet, more or less, to the west line of said Northeast Quarter of the Northwest

Quarter and there terminating.

Subject to a public road easement over the north 60 feet thereof and subject to a public drainage and utility easement over the north 70 feet thereof.

WHEREAS, notice was provided and on February 10, 2020, the Planning Commission conducted a public hearing regarding this request, at which it heard from the Community Development Director and all interested parties wishing to be heard; and

WHEREAS, the Planning Commission unanimously recommended approval of the request; and

WHEREAS, the City Council considered the request and the Planning Commission's recommendation at its February 18, 2020 meeting and has made the following findings as required by Zoning Code Section 150.036 (Conditional Uses), Subd. E (Standards):

Criteria #1

Finding #1

Criteria #2 Finding #2

Criteria #3 Finding #3

Criteria #4

Finding #4

Criteria #5

Finding #5

Criteria #6

Finding #6

Criteria #7 Finding #7

The use is consistent with the purposes and intent of the Zoning Code and the purposes and intent of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code identifies the proposed use of Non-Residential Daycare Facility as a Conditional Use within the R-3 District and the proposed use complies with all district regulations; therefore, the proposed use is consistent with the intent of the zoning district.

The use is in keeping with the Comprehensive Plan and the policies thereof. The Comprehensive Plan Land Use Map identifies the subject site as Medium Density Residential. Daycare facilities are often located in or near residential areas, making the proposed use compatible with the Comprehensive Plan designation. Further, the Comprehensive Plan identifies a goal of "taking positive, proactive steps to actively participate in finding solutions to county and other area-wide problems which have a direct effect upon Mora residents and the effective funding of local government. v The proposed use helps address the documented child care shortage in Kanabec County.

The use will not cause undue traffic congestion or hazards. The city believes the proposed use will have minimal impact on traffic and will not cause undue traffic congestion in the general area.

The use will be adequately served by public utilities and all other necessary public facilities and services. The property is currently served by municipal water and sewer; electric service is provided by East Central Energy; and, the property is adequately served by all other public services.

The structure and the site shall have an appearance that will not have an adverse effect upon adjacent properties. There are no proposed changes to the appearance of the structure and the city believes that the current appearance has no adverse effect upon adjacent properties.

The use will be sufficiently compatible by distance or screened from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. The proposed use is sufficiently compatible by distance from adjacent residentially zoned and used lands so as not to cause depreciation in value.

The use will not jeopardize the public's health, safety or general welfare. There is no evidence to suggest that the proposed use will jeopardize the public's health, safety or general welfare.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mora, Minnesota hereby approves the Conditional Use Permit subject to the following conditions:

1. The existing Conditional Use Permit allowing a Residential Facility Serving More than Six Unrelated

Persons at the property legally described above remains in effect and continues to be subject to the conditions of City of Mora Resolution No. 2018-821 (recorded as Document #263919), with the

exception of Condition No. 4. This resolution supersedes Resolution No. 2018-821, Condition No. 4

in that it allows for the child care center to be open to children residing at the facility and to children

of the general public. 2. The child care center shall maintain its State of Minnesota license and abide by all requirements

therein . The number of children served at this child care center shall be predicated by the state

license. 3. The applicant shall provide the Community Development Director with copies of state licensure

documentation for the child care center. 4. This approval does not allow for an expansion of the footprint of the existing child care center within

or adjacent to the Residential Facility Serving More than Six Unrelated Persons. Any expansion in the size of the footprint of the child care center will require an Amendment to this Conditional Use

Permit. 5. The city acknowledges that a sufficient number of off-street parking spaces are already provided by

the applicant and no additional parking shall be required as part of this approval. 6. The applicant shall apply for and obtain a sign permit prior to installing any new or replacement

signage. Signage shall be in compliance with Zoning Code Sections 150.210 -150.227. 7. The Conditional Use Permit shall be utilized and all conditions shall be met within one year of

recording or the Conditional Use Permit shall become null and void.

The foregoing resolution was introduced and moved for adoption by Council Member N\~ and

seconded by Council Member O nd W\ijS'y\__) .

Voting for the resolution : .. .. ... .. ....... .. ... ... ~~h)~~ ~ V . . h I . v\ I I ot1ng against t e reso ut1on: .... .. .......... . , \

Abstained from voting: .. .. .... ........... .. ..... .. ~ Absent : ..... .... ... ..... ... ........ .... ... .. ... ........ .... l:~

Motion carried and resolution adopted this 18th day of February, 2020.

~ ayor -ATTEST~~

Liny ~ ford, Ci ty Administrator