HomeMy WebLinkAboutAgenda & Minutes16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
April 18, 2005
7:00pm
.............................................. .F..!.,r.,e,....St..a...t.!.o..n.....N..o,.......!. ...............................................
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE: 7:00 P.M.
,
PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address
concerns to the City Council. The Public Forum will be no longer than 30 minutes in length.
Items to be considered as part of the Council's regular agenda may not be addressed at the
Public Forum. Topics of discussion are also restricted to City governmental topics rather than
private or political agendas. The City Council will not take formal action on issues presented
during the Public Forum.
A. Jerome Deleon - Body Art in the C-2 Zone
B. Don Bergmann- 2005 Public Improvement Project
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF APRIL 4, 2005, MEETING MINUTES:
.
CONSENT AGENDA: Those items on the Council Agenda which are considered routine and
non-controversial are included as part of the Consent Agenda. Unless the Mayor, a
Councilmember, or member of the public specifically requests that an item on the Consent
Agenda be removed and considered separately, Items on the Consent Agenda are considered
under one motion, second and a roll call vote. Any item removed from the Consent Agenda
shall be placed on the City Council Agenda as a separate category.
A. Consider Approval of Invoices to be Paid.
B. Consider Approval
C. Consider Approval
D. Consider Approval
E. Consider Approval
F. Consider Approval
G. Consider Approval
H.
of Treasurer's Report.
of Building Permit Report and First Quarter Report.
of Animal Warden Monthly Report.
of Monthly Fire Call and First Quarter Report.
of 1st Quarter Investment Report.
of 1st Quarter Budget Report.
Consider Approval of a Resolution Approving a Final Plat and Authorizing Execution of
the City's Standard Development Contract for Wilds Ridge.
www. cityofpriorlake, com
Phone 952.447.4230 / Fax 952.447.4245
.
,
.
.
10.
I. Consider Approval of a Resolution Authorizing Full and Final Payment to Bituminous
Materials, LLC, for the Construction of Trails and Basketball Courts.
J. Consider Approval of a Resolution Approving a Premise Permit for Lawful Gambling for
Prior Lake Water Ski Association.
K. Consider Approval of Resolutions:
1. Authorizing Full and Final Payment to the City of Savage for the
Commerce/BoudinFFH13 Intersection Improvement Project and
2. Authorizing Execution of a Memorandum of Understanding for the Signal Light
Maintenance and Power Cost Responsibilities for Three Signal Systems Located
on the Savage/Prior Lake Border.
L. Consider Approval of Massage Therapy Licenses:
1. Mary Francis Hamre
2. Kathleen A. Chuppa
M. Consider Approval of a Resolution Approving Plans and Specifications and Authorizing
Advertisement for Bids for Playground Equipment as Identified in the 2005-2009 Capital
Improvement Program.
ITEMS REMOVED FROM CONSENT AGENDA:
PUBLIC HEARINGS:
PRESENTATIONS:
A. Proclamation of Loyalty Day (May 1,2004) Sponsored by Veteran's of Foreign Wars.
B. Proclamation of 54 Annual National Day of Prayer (May 5, 2005).
OLD BUSINESS:
A. Consider Approval of a Resolution Approving the 2030 Comprehensive Plan and
Authorizing Submission of the Plan to the Metropolitan Council.
B. Consider Approval of a Resolution Authorizing the Execution and Delivery of a Lease With
Option to Purchase Agreement, A Ground Lease Agreement and A Continuing Disclosure
Undertaking for the New City Hall and Police Station Buildings.
C. Consider Approval of a Resolution Approving the CR21 Corddor Study and Long-Range
Recommendations.
D. Consider Approval of an Ordinance Amendment to Section 702 of the Prior Lake City
Code Relating to Park Regulations for City Owned Boat Slip Rental.
NEW BUSINESS:
A. Consider Approval of a Resolution Approving a Preliminary Plat to be Known as Maple
Glen 2nd Addition.
B. Consider Approval of a Resolution Amending the Comprehensive Plan To Add 7.53 Acres
to the Land Use Guide Map and Approval of a Resolution Approving a Preliminary Plat to
be Known as Beren's Woods.
C. Consider Approval of Resolution Declaring a Hazardous Building and Ordedng Elbert and
Jessica Greene, Sr. to Raze, Remove, or Repair Their Residential Structure at 14730
Carriage Lane.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
12. ADJOURNMENT
13.
EXECUTIVE SESSION TO DISCUSS
A. City Manager's Performance Evaluation
B. Status of Pending Litigation
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING MINUTES
April 4, 2005
DRAFT
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers Fleming, Petersen, Zieska and LeMair, City Manager Boyles, City
Attorney Pace, Planning Director Kansier, Planning Coordinator Moore, City Engineer Albrecht, Assistant City
Engineer Poppler, Finance Director Teschner, Communications Coordinator Oster, Police Chief Bill O'Rourke,
Assistant to the City Manager Meyer and Administrative Assistant Green.
PUBLIC FORUM: The Public Forum is intended to afford the public an opportunity to address concerns to the
City Council. The Public Forum will be no longer than 30 minutes in length. Items to be considered as part of the
Council's regular agenda may not be addressed at the Public Forum. Topics of discussion are also restricted to
City governmental topics rather than private or political agendas. The City Council will not take formal action on
issues presented during the Public Forum.
Boyles: Reviewed the concept of the Public Forum and the Council moved on to its regular agenda.
APPROVAL OF AGENDA:
MOTION BY PETERSEN, SECONDED BY ZIESKA, TO APPROVE THE AGENDA AS PRESENTED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
APPROVAL OF MEETING MINUTES
MOTION BY LEMAIR, SECONDED BY ZIESKA, TO APPROVE THE MARCH 21, 2005, MEETING MINUTES AS
PRESENTED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
CONSENT AGENDA:
A) Consider Approval of Invoices to be Paid.
B) Consider Approval of Resolution 05-51 Authorizing the Purchase of One 2005 Ford Ranger Four
Wheel Drive Extended Cab Through the State Cooperative Purchasing Program.
C) Consider Approval of Resolution 05-52 Approving the Wetland Replacement Plan for the Dakotah
Parkway Realignment Project.
D) Consider Approval of Resolution 05-53 Authorizing the Purchase of Ten Crystal Ball, Omni-Site
Telemetry Units From Electric Pump of Bloomington, Minnesota, for a Cost Not to Exceed $21,300.
E) Consider Approval of Resolution 05-54 Authorizing the Mayor and City Manager to Enter Into a
Master Lease Agreement with the Metropolitan Council for Laker Lines Transit Vehicles.
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
City Council Meeting Minutes
April 4, 2005
Draft
Boyles: Reviewed the Consent Agenda items proposed.
MOTION BY ZIESKA, SECONDED BY PETERSEN, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
ITEMS REMOVED FROM THE CONSENT AGENDA: None.
PUBLIC HEARINGS:
Joe Zieska recused himself from the meeting for this agenda item and placed himself in the audience stating his
position on the Council and also as a Kwik Trip employee would be a conflict of interest for this agenda item.
Consider Approval of an Appeal of the Planning Commission's Decision to Approve a Conditional Use
Permit to Allow a Motor Fuel Station in the C-2 (Community Business) Zoning District.
Planner Moore presented the appeal.
MOTION BY PETERSEN, SECONDED BY FLEMING TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, Petersen and LeMair. The motion carried and the public hearing opened at
7:26 p.m.
Dean and Carrie Boegeman of 14178 Badger Circle NW, read a statement outlining the course of events they
experienced during the Planning Commission public hearings, and stated they believed the Planning Commission
decision for a conditional use permit should be overturned. Stated they believe they were deceived in the
definition of the C-2 zoning by builders and developers. Displayed the original plat map of Wilds North, which did
not show a through street from Cougar Path to 42. Stated that traffic, noise, lights, crime, etc., would create a
negative impact and not interface with the community. Requested that approval for conditional use permit be
overturned and stated elements of the comprehensive plan they believe would make the overturn permissible.
Queried if an environmental assessment had been completed for the site; and, if the conditional use permit is to
be approved, whether additional restrictions could be applied regarding: hours of operation, no through traffic
signs, larger landscaping trees, non-obtrusive lighting, changing buildings to face County Road 83, and
dumpsters placed behind barriers.
Scott Teigen, chief financial officer and director of real estate for the Kwik Trip stores, asked for support for the
conditional use permit. Gave history of company and owners and stated it is a family-friendly company that drug
tests all employees and is more rigid than State standards regarding alcohol and tobacco sales. He described
the architectural appearance of the proposed Kwik Trip and considerations for the neighborhood that were taken
into account when planning the facility. Stated the facility would meet all ordinances on lighting and noise and
described conditions defined in the presentation at this meeting.
Linda Williamson of 2849 Wilds Lane NW stated that a 24/7 gas station would devalue the surrounding property
and that she and others would move if it were built.
Theresa Nordstrom of 14195 Badger Circle stated that she participated at Planning Commission meetings and
followed the process for an appeal. Expressed belief that the Comprehensive Plan would not allow a 24/7 gas
station to be in a residential area.
City Council Meeting Minutes
April 4, 2005
Draft
Terri Schammel of 2812 Cougar Path states that when they bought their property they were not told that the
road would be a through road. Showed a copy of a diagram they received stating it did not show there would be
any commercial property nearby.
Rudy Curtler of 2661 Cougar Path believes Kwik Trip is assuming there will be a motor fuel company at the site.
Asked Council to consider the Comprehensive Plan and proposed the use of this land should be ruled
incompatible with the Plan. Believes a 24/7 operation would be detrimental because of significant noise and
ambient headlight spray which Kwik trip cannot control; and that prevailing winds will affect noise pollution and air
pollution. Stated the gas station would not interface with the community and that anticipated traffic is through
traffic rather than local traffic. Stated that residents do not support it and believes there is no need for the gas
station at this site.
Jerry Teeson, Shamrock Development, stated the property has been zoned commercial since 1994 (or around
that time), and it has always been considered a potential gas station site. One of diagrams residents have shown
tonight was a plat, which only shows the property in the plat but no adjacent lad uses. Realtors use them for a
selling tool for lot dimension sizes and plats don't always show all of the roads.
Theresa Nordstrom of 14195 Badger Circle stated there is a relationship between Ratzloff Builder and
Shamrock. Restated they were always told the site would be a coffee shop.
Jeremy Schammel of 2812 Cougar Path stated no one wanted Kwik Trip there but Kwik Trip. Requested
Councilmembers defer a decision until they visit the site to research noise and light.
Terri Schammel of 2812 Cougar Path stated she bought a lot off a diagram showed by Shamrock Development
and that they worked with Angie, not Mr. Teeson, and was told the site would be coffee-shop type use. The
diagram did not show Cougar Path connecting to Wilds Path and ultimately to County Road 83.
Scott Mooney of 14167 Woodchuck Trail NW stated that he opposed to Kwik Trip at this site for the same
reasons that were already listed. Offered a challenge to Kwik Trip to limit hours of operation to 6 a.m.- 10 p.m.
if it wants to be neighborhood friendly.
Tao Zhang of 14160 Badger Circle presented a traffic diagram, talked about potential difficult access and
requested the Council to look at traffic problems that could be generated.
Dave Peterson of 14213 Badger Circle agreed with previous statements and stated his was one of the first
homes build and that Wilds Path was not there. Expressed concerns about the park location and the potential of
young children running around in the heavy traffic. Suggested that Kwik Trip should put coffee shop there
instead of a gas station.
Terry Wensmann of Wensmann Homes stated that Wensmann Homes has the property across the street from
the Kwik Trip site and knew it was a commercial site prior to purchasing it and knew that a gas station would be
allowable use with a Conditional Use Permit. People visiting their town home model know it is going to be here
and sales people would be reprimanded if they are saying otherwise. Stated Kwik Trip has made many
concessions and that he believed City staff and Council could impose conditions to make this a win-win
proposition for both sides.
Bob Fust of 2852 Cougar Path requested focus on the Comprehensive Plan and stated this interface on the
community was not good planning. Even though a traffic study said roadway can handle traffic, this is not in
conjunction with the way the plat was originally drawn up and has evolved over time. A 24-7 operation does not
interface with community. It is likely to have negative impacts to the safety and welfare of the community as a
whole given the amount of traffic that goes down County Road 83. Since town homes are elevated, the
landscape screening would take a long time to mitigate the lighting, noise and other factors.
Scott Teigen, Kwik Trip, responded to comments regarding Mystic Lake Casino traffic and that it does not go
through the City. Stated they do want to capture the traffic and that Kwik Trip would hope to make their
City Council Meeting Minutes
April 4, 2005
Draft
experience to the City more enjoyable; that Kwik Trip did not plan for traffic from 42 to come to their site, but that
75 percent of business would be from local residents or from people who were interacting with local residents;
and that gas and fuel is a major part of the business and previous comments were that Kwik Trip comes into
business from the inside store business as opposed to the fuel.
Terri Boe§eman of 14178 Badger Circle stated that golf courses are not open 24-7 and that people are not
coming to golf or visit.
Terri Schammel of 2812 Cougar Path questioned whether or not a decision has been made about the potential
conflict of interest with Council member LeMair in the vote and that is important for residents to understand there
is a business relationship that could be at stake and she believes it is a direct conflict of interest.
City Attorney Pace stated she was advised on Friday of the purported conflict of interest and looked at the facts.
Them is statute and case law (Lenz and others vs. Coon Creek Watershed) on point that addresses the issue.
City Attorney decides whether a disqualifying conflict of interest exists that would prohibit the Councilmember
from voting on this issue. Having looked at these facts as they apply to the Councilmember and the business
relationship, Pace determined that there is not a conflict of interest. In order for one to exist, there has to be a
direct pecuniary benefit to the Councilmember. There are four factors to look at (Lenz vs. Coon). The alleged
conflict of interest is that Councilmember LeMair was allowed to purchase lots within the Wilds while not being on
a preferred purchasers list. The rules published by the Wilds and provided to builders who want to buy lots in that
community deal with criteria and there is not a preferred builders list on this as alleged. Given that fact, and the
application of the Lenz vs. Coon factors, it is Pace's judgment that Councilmember LeMair does not have a
disqualifying conflict of interest.
Schammel queried if Pace did not perceive the view of the residents that if LeMair were to vote against it that he
might not get future lots in the Prior Lake area and that would be a conflict of interest.
City Attorney Pace stated her decision was made based on facts at this time and reiterated that them was not a
conflict of interest that would disqualify Councilmember LeMair.
Rudy Currier of 2661 Cougar Path stated Council should consider future growth of traffic through this
neighborhood would contribute to demise of the community.
Todd Kruescher of 14190 Badger Circle asked Teigen to share how he derived the figure that 75 percent of the
Kwik Trip business would be from local residents and asked for data that supported that statistic.
Ivy Tremmel of 14171 Badger Circle reiterated that residents of the Wilds agree with above named points and
that police calls to a convenience store are primarily after 10 p.m. and the correlation of late hours being when
trouble happens. Requested that if Kwik Trip was let in, to limit the hours from 8 a.m.- 10 p.m.
MOTION BY FLEMING, SECONDED BY PETERSEN TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by LeMair, Haugen, Petersen and Fleming. The public hearing closed at 8:39 p.m.
RECESS
A five-minute recess was called.
RECONVENE
The meeting reconvened at 8:53 p.m.
Comments:
City Council Meeting Minutes
April 4, 2005
Draft
LeMair: Made a presentation with photos to compare other gas stations adjacent to residential development.
Stated that no precedence would be set and Prior Lake already has gas stations that are surrounded by
neighborhoods and single family homes. The Comprehensive Plan is an overall picture of how the community
should be developed with several chapters that dictate how it is to be done. The property has been zoned C-2
since 1995. If builders misrepresented the property use in any way, it will have to be answered by those
individuals. Stated he spent a lot of time at the site trying to understand the traffic flow and believes a signal light
will eventually be necessary at the corner. The road was built to handle commercial traffic and by not putting
prosperous, commercial businesses there, it is not fair for those who paid for the roads to be oversized. A gas
station is an anchor to other commercial businesses developing. An anchor will provide traffic for the other
businesses and their survival. Supports commercial growth in this area. Neighbors rightfully have concerns.
Respects the way Kwik Trip runs its business. If Kwik Trip wants to be a neighborhood business, it could
consider changing its hours. Mr. Teigen volunteered the fact that they expect to get the business from the
neighborhood. Would like to see some trees where the driveways go on Wensmann property, trees along trail
that backs up to Badger Circle homes, and know what options are for fences in Wilds area. Understands
concern for children in the area and would like to consider allowances for fences. This is not anything
extraordinary in the community and will support the Kwik Trip with further conversation about the conditions.
Petersen: Has been in neighborhood several times, driving through and checking traffic. Has concern because
of accidents late at night, and traffic does pile up on County Road 83. Agrees with LeMair on things he brought
up. The park does not require the crossing of a busy road -it is on the same side as the residents so no concern
there. Sees no problems with gas spillage, etc., because of regulations they have to live with. Would not want to
support the proposal as it is because of traffic.
Fleming: Thanked residents and representatives from Kwik Trip, Shamrock and Wensmann for coming. Stated
he studied Minnesota Statute 462 that guides councils in development of policies. Asked Planning Director
Kansier to describe the function and purpose of the Comprehensive Plan, and what the City does to ensure
controls and ordinances reflect the spirit and the intent of it.
Kansier: The Comprehensive Plan is the basic guidelines, objectives and policies that guide the development of
a community. The land use plan maps areas in the City that designate certain types of land uses based on the
goals, objectives and policies. When a city has adopted a comprehensive plan, it then adopts zoning and
subdivision ordinances and other controls into compliance with that comprehensive plan. The zoning ordinance
is the official control to implement the comprehensive plan.
Fleming: Expressed concern for the Wilds Path intersection when attempting to make a left turn south-bound
onto County Road 83. Stated that signage on 83 has a right turn sign and a 50 mph speed sign nearby which
seem conflicting and queried the County's intent for the signage.
Albrecht: The intersection was recently upgraded at the cost of the developer (Shamrock) to handle Wilds Path
and future commercial and residential traffic volume for the area. The County's sense is that when the area is
fully developed, it may warrant a traffic signal along 83 - probably at Wild's Path. County has indicated they will
look at the 50 mph sign to consider relocation. Speed is set by state law. Speed study should be done after
development of this entire area is complete rather than now.
Haugen: Move sign to north side of the Wilds Path intersection so message of 50 mph is past the intersection.
Fleming: Cars may not be able to stop at the intersection in icy conditions. Asked staff to describe an element in
the Conditional Use Permit that would be characterized as an adverse impact.
Moore: Noise that could not be mitigated.
Fleming: Asked if possible that an adverse impact could be mitigated if only five of the 120 units is currently
owner occupied. Future owners do not have opportunity to judge whether adverse impact.
City Council Meeting Minutes
April 4, 2005
Draft
Kansier: Future buyers will know it is already there and will know what to reasonably expect. Ordinance does
allow us to revisit a Conditional Use Permit if conditions are not being met.
Pace: It is a subjective question and is difficult to quantify. Have to look at this as a snapshot in time today, and
not speculate about unknown conditions at build out.
Fleming: Asked Wensmann about price range of town homes.
Wensmann: Different styles ranging from $190,000 to $300,000.
Fleming: Asked if units had to be owner occupied or if units could be bought and leased or rented,
Wensmann: They could be rented.
Fleming: Asked how prospective buyers reacted to information that there would be a Kwik Trip at the site.
Wensmann: They are letting people know there is going to be further commercial development besides Kwik
Trip and it is up to them to decide.
Fleming: Asked Teeson what led Shamrock to the determination that the site should be used for a gas station.
Teeson: Previous owner was talking to Amoco so had already been established that there was interest in the
site; and it is the intersection of two county roads which is a good location for a gas station.
Fleming: Asked Teigen how Kwik Trip would contribute to function and success of neighborhood.
Teigen: Families need small grocery. Kwik Trip's experience is that neighbors don't like it when their store is
closed.
Fleming: Asked about peak hours of revenue generation.
Teigen: Going to work and coming home from work. Expressed concerns about limited hours and stated hours
would have to be 5 a.m. to midnight
Fleming: Sought clarification of peak hours.
Teigen: 5 - 8 a.m. and 4 - 7 pm.
Fleming: Asked Teigen what characteristics and leadership qualities would be sought for a manager at this
location.
Teigen: An individual with the ability to deal with people, who is firm, treat customers and co-workers like they
want to be treated, honesty, integrity and ability to keep store site clean.
Moore: Presented pictures and comments from neighbors and her own visitation of locations of Kwik Trips
researched in other communities. Spoke to noise levels and interviews of nearby residents.
Fleming: Referred to data from police calls at convenience stores and queried Prior Lake Police chief O'Rourke
about the likely results if the survey area were expanded.
O'Rourke: Breakdown of calls at gas stations showed there was no personal assault or violent crimes calls at
gas stations. Most calls from Prior Lake statistics are gas drive-offs and lock-outs. Other calls were by other
drivers or employees calling in suspected drunk drivers. Anticipated a broader survey area would result in the
same findings - mostly service calls and some medical calls.
Fleming: Appreciated LeMair's due diligence in the photos. Appears there is precedence in limiting hours of
operation. Would not support Planning Commission's decision as the proposed project would have adverse
impact on use and enjoyment of properties in close proximity, as well as concerns about the access of Wild's
Path with County Road 83.
Haugen: Zoning ordinances are in sync with the Comprehensive Plan. Zoning ordinance states this use is
allowable as a Conditional Use Permit with conditions. Drew comparisons of why this Conditional Use Permit
does or does not fit.
1 It is important to identify land for retail, commercial, industrial development; citizens have asked for that for a
number of years for a balance in the source of tax revenue. We want commercial development at strategic
locations and have identified them. Three quadrants of 42 and 83 are owned by the tribal community so the
City Council Meeting Minutes
April 4, 2005
Draft
City cannot control what may evolve there over time. The intersection is an active intersection. Need to
continue identifying such areas for mixed use environments in the future. This Conditional Use Permit is not
in conflict with the Comprehensive Plan and zoning ordinances.
2 Traffic flow issues. Need to minimize traffic constraints to the extent we can with signs and intersection
control. The traffic is not a Kwik Trip issue, it is a commercial use issue. Area was zoned commercial a
number of years ago and entities therein are going to be commercial.
3 Safety issue - Sidewalk is planned for the commercial side of the street. Requested Engineering to research
possibility of sidewalk so pedestrians do not have to be dodging traffic- this is not a condition for Kwik Trip,
but a neighborhood condition to be considered.
4 Lighting - asked if lighting makes a difference if an operation is open or closed at night.
Kansier: No. Athletic complexes are allowed to have taller lighting; but, here, compared to other commercial
settings there is no difference in the standards. Athletic fields at the Ponds used shields on the residential side of
the facility to keep direct light from the field. It is one option to use to keep lighting at the property line.
Haugen: Stated it would make a difference to the neighborhood to have the lighting directed away from
residences. Asked Teigen to show site plans moving the gas pumps and canopy to the west side of the building
to buffering that activity from the residents.
Teigen: State there is a site option that would do this. It was rejected because when pumps are placed toward
83, the same number of pumps would be visible to the town homes from the driveway and it would force truck
unloading and the car wash to be closer to the neighbors. It is better for truck unloading to be on the highway
side. The change would be disadvantageous.
Haugen: Asked about elevation from the street level.
Teigen: Displayed a drawing showing the elevation and landscaping effects. Stated the elevation was shown
from the street level, not as it would appear from the second floor of town homes.
Haugen: Asked about installation of larger trees.
Teigen: Expressed concern about success rate and expense of larger trees, but indicated willingness to try to
accommodate.
Haugen: Asked Teigen to define Kwik Trip's market.
Teigen: Property purchase decisions are made on demographics, history and future projections. Typically, 60-
90 percent of business is with local people. People have to be near the site first, then Kwik Trip builds.
Anticipate little business will be from north of 42 unless it is people who intend to come into Prior Lake.
Haugen: Asked Teigen how he felt about resident's opinions on restricted hours.
Teigen: Stated he would offer to agree to restricted hours for a 12-month period for the hours of 5 a.m. to
midnight. Would want pumps to be open for credit card usage 24 hours. That would be a condition that Kwik
Trip would propose.
Haugen: Asked staff if an EAW was done.
Kansier: Replied that the scope of project does not require EAW. An EAW was done for the Wilds, but not this
particular area.
Haugen: Asked staff to comment on the impact if traffic is modified on Wilds Path what it would do to Cougar's
Path.
Albrecht: If we disconnect Cougars Path from Wilds Path, substantial town home traffic would go through
Cougar Path and up to 42. Them would be fewer vehicle trips on Cougar Path if we left it open to Wild's Path.
Haugen: Asked what conditions are for which a Conditional Use Permit can be reviewed for compliance in the
future.
City Council Meeting Minutes
April 4, 2.00,5
Draft
Kansier: According to ordinance, the planning commission or the property owner could request changed
conditions as changing circumstances warrant. To do so would require a public hearing. The Planning
Commission would initiate if there was something different about the neighborhood, complaints or something
unreasonable about operations.
Pace: If City becomes aware that conditions are not met, it could take action to enforce conditions or declare
them in violation of conditions. Asked Teigen if he could represent that he is an officer of Kwik Trip; in that
capacity did he have authority to make decision on behalf of the corporation such as he offers with respect to
imposing limitations on the hours of operation; did he realize that as part of a conditional use permit, Kwik Trip
must sign an assent form to the Conditional Use Permit.
Teigen: Replied yes to all questions.
Fleming: Expressed concern whenever there is a perception that residents haven't been dealt with forthrightly.
Encouraged developers to convey to employees that residents felt they were not dealt with honestly.
Haugen: Commented that a series of dialogues with Kwik Trip and residents and ongoing dialog to find the best
solution didn't happen. Asked how to add conditions to the cup.
Pace: If Kwik Trip is issued a valid Conditional Use Permit, and subsequent to the permit being issued something
was done in violation, the permit cannot be revoked without due process.
Moore: Read the conditions already identified for the conditional use permit.
Pace: Explained how the Council vote on this topic works. On an appeal of a Planning Commission decision for
a Conditional Use Permit, a majority vote of Council (3)is needed to overturn the Planning Commission. O. ne
member of the Council is disqualified from voting. Under those circumstances, three of the remaining four
Councilmembers would need to vote in favor of adding conditions. On a 2 - 2 vote, the decision of the Planning
Commission to approve the Conditional Use Permit would stand. The Council cannot overturn the decision or
add conditions on a 2 - 2 vote.
Haugen: Confirmed that all Councilmembers understood the voting impact and began to formulate a motion for
additional conditions.
LeMair: Was asked to comment on landscaping and the impact of lighting on the Wensmann property and
replied that this Conditional Use Permit could not direct Wensmann's property management.
Wensmann: Commented that he was willing to work with Kwik Trip about landscaping and light mitigation.
Pace: Asked Teigen if he understood the condition articulated by the Council about limitation on the hours of
operation being imposed for two-year period after which time the Council would reevaluate and, depending on the
conditions at the time and mitigation necessary, either remove or continue the limitation on the hours of
operation.
Teigen: Did not agree. Stated it was not good for the community, the neighborhood or Kwik Trip to go through
all of this again; and stated that he wanted it settled tonight. Agreed with the limitation of hours for a two year
period, but at that time wanted the decision to be up to Kwik Trip to be able to operate 24 hours. Believed the
motion could be worded so the condition would go away automatically.
Pace: Advised the Council that if it wanted to review conditions in 2007 as a condition of the Conditional Use
Permit, it may do so whether Kwik Trip agrees to it or not. It is Kwik Trip's choice about whether to go forward
with building its station with this condition ultimately imposed in the Conditional Use Permit. Three votes would
be needed to impose this condition. Consider if the limits you are imposing include whether or not the pumps are
open 24 hours for credit card usage.
Fleming: Proposed 5 a.m. to 10 p.m. for hours of operation and the hours would apply to the pumps as well.
LeMair: 24-hour pay at the pump is standard operating procedures and does not have a problem with that. The
sale of tobacco and alcohol after hours is the problem.
City Council Meeting Minutes
April 4, 2005
Draft
Fleming: Concern about safety at the pumps.
Haugen: Asked Teigen what hours the store anticipated sales of alcohol.
Teigen: Whatever the state or municipal law is.
O'Rourke: Offsale hours are until 2 a.m. if local governance allows, otherwise until 8 a.m. to 1 a.m.
Fleming: Asked how Kwik Trip would provide safety and supervision if pumps were on, but store was closed.
Teigen: At locations where this happens, pumps are monitored at headquarters in LaCrosse, WI. Agreed to
close the pumps from midnight to 5 a.m.
Haugen: Stated that Council was moving into legal areas when restricting hours of operation and that the
Council should move to executive session to discuss legal implications.
EXECUTIVE SESSION called at 10:40 p.m. to receive confidential advice regarding legal issues.
RECONVENE at 10:53
Fleming: Asked Teigen what time would Kwik Trip would be agreeable to deactivating the pumps.
Teigen: Would agree to shut the pumps when we close the store, but would like to stay open until midnight.
Fleming: Asked staff to work with County to move the 50 mph speed limit sign.
MOTION BY HAUGEN, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05-55 UPHOLDING THE
PLANNING COMMISSION'S DECISION TO GRANT A CONDITIONAL USE PERMIT TO ALLOW A MOTOR
FUEL STATION IN THE C-2 ZONING DISTRICT WITH THE FOLLOWING ADDITIONAL CONDITIONS:
VOTE: Ayes from LeMair, Haugen, Petersen, Fleming.
issue citing a conflict of interest.
a) Signs shall be posted on Cougar Path stating no through traffic.
b) Trees for screening shall be a minimum of 3.5 caliper inches for deciduous and 8 feet in height for
coniferous.
c) All dumpsters must be fully enclosed.
d) Hours of operation shall be limited to 5 am-12 am/midnight.
e) Notwithstanding, Section 1108.200 of the Zoning Code, the hours of operation specified by
this Conditional Use Permit shall be reviewed by the Planning Commission as of April 1, 2007.
Zieska had recused himself from consideration of this
RECESS
A recess was called at 11:00 p.m.
RECONVENE
The meeting reconvened at 11:05 p.m.
Consider Approval of an Ordinance Approving Annexation of 18.25 Acres of Property in Section 10,
Spring Lake Township Pursuant to Minnesota Statutes 414.033. Subd. 2 (Lindstrom Property).
Kansier presented. Meets criteria for annexation. Requires public hearing.
Fleming: Asked about the difficulty of petitioning.
Kansier: Replied that it is just an application with an appropriate fee.
City ¢ounci~ Meeting Minutes
April 4, 2005
Draft
MOTION BY LEMAIR, SECONDED BY FLEMING TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by LeMair, Zieska, Haugen, Petersen and Fleming. The motion carried.
The public hearing opened at 11:10, p, m,
Todd Bodem from Tollefson Development stated they were seeking the annexation for a single family
development.
Dave Lindstrom of 3366 180t~ street stated he brought forth the petition and was in favor of the annexation.
Tim Kvidera of 17776 Wedgewood Lane stated he owned the property next to Lindstrom property. Expressed
concern about a lot description which has left a non-contiguous piece of property that is not adjacent to city land
and asked what would happen to that 30-foot section if the Lindstrom property is annexed.
Lindstrom: The property description is for the piece that is contiguous to the city. The 30-foot parcel is shown
as unknown ownership by Scott County, but the strongest claim would go to owner of original homestead,
Lindstrom. The 30-foot strip is not part of the annexation.
Pace: Stated it is a future issue.
Lindstrom: The 30-foot strip has been left as open land and has not been used in any fashion to cause
disruption to the neighborhood.
Kvidera: Replied that it is the unknown entity and it would be nice to get it resolved.
Haugen: Stated it is a county/township issue, not a city issue.
Lynn Kvidera of 17776 Wedgewood Lane stated concern that if Lindstrom property is annexed, they would not
be able to use their property in the way intended at purchase. Water runoff has not been addressed. Plans are
not precise. Asked City to look at where water is going and how it will affect the neighborhood by developing this
property.
Tom Crosby of 180TH Street East stated he was in favor of the annexation.
MOTION BY ZIESKA, SECONDED BY FLEMING TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by LeMair, Zieska, Haugen, Petersen and Fleming.
The public hearing closed at 11:23 p.m.
Comments:
LeMair: This request fits into what has been done before in the annexation area
Zieska: Supports the annexation. Stated it is a basic landowner's right to do what they want with their land. The
small strip is separate issue and not part of the annexation.
Petersen: This is not part of orderly annexation, but a property owner can ask to come into the City when the
property is next to the city.
Fleming: In support.
Haugen: The owner is able to work with the township and the city to accomplish annexation; it is within the right
of the landowner.
MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE ORDINANCE 105-08 ANNEXING 18.25
ACRES OF PROPERTY IN SECTION 10, SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES
414.033, SUBD.2 (LINDSTROM).
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska. The motion carried.
10
City Council Meeting Minutes
April 4, 2005
Draft
Consider approval of a Resolution Approving a Redevelopment Project Area and Redevelopment Plan in
Connection with the New Police Station/City Hall Construction Project.
Finance Director Teschner presented the resolution and identified ten redevelopment plan objectives as well as
the redevelopment areas. The Economic Development Authority has approved resolutions to establish
redevelopment area and plan.
MOTION BY ZIESKA, SECONDED BY LEMAIR TO OPEN A PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
The public hearing opened at 11:33 p.m.
Susan Shroyer of 4662 Dakota stated that the City zones areas around parks for residential use and Prior Lake
should not zone park areas as commercial. Stated she believed the decision to build city hall along Lakefront
Park was done without sufficient public hearings or input.
MOTION BY FLEMING, SECONDED BY LEMAIR TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen and Zieska. The motion carried.
The public hearing closed at 11:39 p.m.
Comments:
Fleming: Stated that at least two opportunities for public input were held to raise concerns and offer input and be
part of the process.
Petersen: Stated this is a process toward building city hall and getting redevelopment area set up for this and
would support it.
Zieska: Asked how many residents visit or call city hall on a weekly basis.
Boyles: Depending upon the time of year, approximately 400-500 visitors and 700 phone calls are received
weekly. There are also many requests for meeting room space for the public, which cannot be honored presently
as there is only one conference room.
Zieska: Asked how many city employees there are.
Teschner: In the mid-70's, there were 23-24 people and currently there are 86.
Zieska: Commented that in 40 years City Hall could be serving a base of more than 100 employees and 42,000
people and increased interactions with the public per week.
LeMair: In support of continuing the process.
Haugen: The downtown vision is broader than the city hall and police station. This is part of the downtown
development/redevelopment process and fits into the total scheme of the downtown redevelopment commitment.
MOTION BY PETERSEN, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-56 APPROVING
REDEVELOPMENT PROJECT AREA AND PLAN FOR CITY HALL/POLICE STATION PROJECT.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska, the motion carried.
PRESENTATIONS: None.
OLD BUSINESS:
Consider Approval of Resolutions Relating to the 2005 Public Improvement Project:
11
City Council Meeting Minutes
April 4, 2005
Draft
a. Approving Plans and Specifications and Authorizing Advertising for Bids for Street Reconstruction
for 2005 Improvement Plan.
b. Approving Plans and Specifications and Authorizing Advertising for Bids for 2005 Cured in Place Pipe
Sanitary Sewer Rehabilitation Project.
Assistant City Engineer Poppler presented the proposed resolutions and he and Albrecht discussed
communication that has occurred to address resident concerns about issues which have been raised orally, in
writing and by e-mail from residents living in the area.
Comments:
LeMair: In favor.
Zieska: Asked if Frost Point could be dropped off the bids and specs if so desired.
Albrecht: Specifications could include an option to drop Frost Point off as an alternate.
Zieska: Would like to have the option if we decide it is not necessary to do Frost Point at this time.
Petersen: Would agree with Frost Point as an option.
Fleming: Stated we are heading in the right direction and commended staff on diligence and its willingness to
meet with residents and come up with solutions are remarkable.
Haugen: Agreed with holding Frost Point out as an option.
MOTION BY PETERSEN, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05-57 APPROVING THE
PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR 2005
IMPROVEMENT PROJECT #05-01 AND #05-11 FOR THE CITY OF PRIOR LAKE, MINNESOTA.
VOTE: Ayes by Haugen, Fleming, LeMair, Petersen, and Zieska, the motion carried.
MOTION BY ZIESKA, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-58 APPROVING THE
PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR 2005
IMPROVEMENT PROJECT #05-12 CURED IN PLACE SEWER LINE REPLACEMENT FOR THE CITY OF
PRIOR LAKE, MINNESOTA.
VOTE: Ayes by Haugen, Fleming, LeUair, Petersen, and Zieska, the motion carded.
NEW BUSINESS
Consider Approval of a Resolution Approving a Recycling Grant Agreement with Scott County for the
2005 Spring Clean Up Day, April 23, 2005
City Manager Boyles presented the resolution and indicated this was an opportunity for residents to
dispose of wide variety of recyclables.
Comments:
None.
MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-59
APPROVING SCOTT COUNTY RECYCLING GRANT FUNDING FOR THE 2005 ANNUAL CLEAN-
UP DAY.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
12
City Council Meeting Minutes
April 4, 2005
Draft
Consider Approval of a Resolution Authorizing the City to Participate in the Acquisition of Property for
the Construction of a Joint Police and Fire Training Facility.
City Manager Boyles presented a brief Power Point presentation and resolution with an explanation of
the needs of each department for a training facility.
Comments:
LeMair: In favor of exploring what possibilities are out there for us and stated this is a perfect
example of cooperating with all communities. Will support.
Zieska: Stated land will get more expensive and a good location will become more difficult to find in
the future. Commented on attributes of SCALE as an orqanization; that it is very public and high
profile and other counties are considering starting similar' organizations.
Petersen: Stated it is hard for any one organization in the county to fund this.
Fleming: In full support.
Haugen: Has participated in SCALE, the past year as its Chair, and on the Joint Training Facility
Subcommittee and stated staffs around the County worked together to maximize facilities.
MOTION BY LEMAIR, SECONDED BY FLEMING TO APPROVE RESOLUTION 05-60
AUTHORIZING SUPPORTING THE SCALE-SPONSORED JOINT POLICE AND FIRE TRAINING
FACILITY AND AUTHORIZING THE PURCHASE OF LAND THEREFORE.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeUair, the motion carried.
Consider Approval of a Resolution Authorizing the Mayor and City Manager to Enter Into a Purchase
Agreement and Option Agreement for the Acquisition of 39 Acres of Property from Scoff County for
Community Playfield Purposes.
Assistant to City Manager Meyer presented and stated this purchase request would go before Scott
County on April 5, 2005.
Comments:
Fleming: asked about the current balance in capital park fund and how price was arrived at.
Boyles: $1.3 Million is in the capital park fund and the appraisal was updated to arrive at price.
Petersen: Will support it.
Zieska: Will support it.
LeMair: Community input indicates need for additional park land and ball fields and the City should
take advantage of this situation. The price per acre is a bargain. Will support it.
Haugen: The money paid will allow the County to buy more than twice as many acres to expand the
Scott County Regional System that we are a part of. A REAL WIN-WIN.
MOTION BY FLEMING, SECONDED BY LEMAIR TO APPROVE RESOLUTION 05-61
AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT
AND OPTION AGREEMENT WITH SCOTT COUNTY FOR THE ACQUISITION OF
APPROXIMATELY 39 ACRES OF PROPERTY WITHIN SPRING LAKE PARK FOR COMMUNITY
PLAY FIELD PURPOSES.
VOTE: Ayes by Haugen, Fleming, Petersen, Zieska and LeMair, the motion carried.
OTHER BUSINESS
Haugen: Reported update on injuries received by two firefighters and wished them a speedy recovery.
13
City Council Meeting Minutes
April 4, 2005
Draft
ADJOURNMENT
With no other comments from Councilmembers, a motion to adjourn was made by LeMair and seconded by
Fleming. The meeting adjourned at 12:27p.m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
14