By Patrick Tepoorten

The annexation request by Dan Birdsall, representing Five Points Development, was finally resolved by the Rush City Council on Monday night. It did not happen though, without a little help from both Birdsall and neighbor Mark Moulton.

Moulton, who has expressed concern about the annexation on many occasions, reiterated his position during the continuation of public hearing. His concern was the possibility of a residential neighborhood bordering agricultural land that is being used for cattle to the west and hogs to the north. City Attorney Joseph Anderson assured Moulton that the city would have to adopt ordinances requiring special setbacks to accommodate neighboring livestock at the time of development.

It was also pointed out that the portion of land in question, the northern half of parcel two, falls within airport zoning and could only allow for one residence per three acres anyway.

Anderson had different concerns with the same piece of land. He noted that the parcel juts to the north, creating a peninsula of city property surrounded by township land.

He added that the creation of a peninsula of city land has been used to turn down annexation requests in the past. He suggested that this request for annexation ìmay be premature.î

It was at this point that Birdsall suggested amending his request to include parcel one and only the portion of parcel two to the south of the quarter line. This suggestion was explored and found agreeable. Without the northern portion, Moultonís concerns about homes in close proximity to livestock were alleviated. As well, it eliminated the peninsula that concerned Anderson.

The remaining property, all south of the quarter line, has been zoned and appears in the cityís comprehensive plan.

Waste water treatment was also of concern at the public hearing and the council and Moulton asked for and received assurances from Birdsall that there were no plans for development in the near future.

Birdsall responded that he was aware the city has essentially no wastewater capacity for additional development and that neither he nor his partners were planning any development in the near future.

He described his desire to annex the property as more forward looking and added that his development across the street, Rush Creek, would likely take another seven or eight years to complete.

Any plans to develop the property up for discussion Monday night wouldnít happen until Rush Creek was nearing completion. ìWeíve got our hands full right now,î he said.

Birdsallís annexation request was granted, contingent on the drafting of a new legal description to reflect the exclusion of the northern peninsula.

In other city news:

The city council voted to enter into an agreement with engineering firm SEH for the creation of a waste water treatment facilities plan. As part of the agreement, SEH will investigate current conditions, project future conditions including growth, and analyze costs and alternatives for future wastewater treatment. It will also assist the city in dealing with the Minnesota Pollution Control Agency (MPCA) and scheduling the necessary public hearings.

SEH expects to have a completed plan ready for discussion by the city council by January 2007. Following that and assuming that the plan receives the cityís blessing, it could be submitted to the MPCA by February and possibly be ready for public hearing by April 2007.

The fee proposed by SEH for producing the plan is not to exceed $83,000 without prior approval.

ï Mayor Mike Skalsky asked the council to consider constructing a skateboard park in the city. He noted that many communities are building such parks and stated he thought one ìwould be an asset to the community.î

ï Lee Rood presented the Aquatic Centerís 2006 budget. Rood expects to take in roughly $123,700 in revenue this year, but expects expenditures of $143,550. That will leave a negative balance of $19,850 if the projections are correct.