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16200 Eagle Creek Avenue S.E,
Prior Lake, MN 55372-1714
REGULAR COUNCIL MEETING AGENDA
December 5, 2005
7:00 pm
Fire Station No.1
1. CALL TO ORDER and PLEDGE OF ALLEGIANCE:
2. 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. Mark Kreissler - C-5 Ordinance Amendment.
3. APPROVAL OF AGENDA:
4. CONSIDER APPROVAL OF NOVEMBER 9,2005, MEETING MINUTES:
CONSIDER APPROVAL OF NOVEMBER 21, 2005, MEETING MINUTES:
5. 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 of a Resolution Approving a Final Plat and Development
Agreement for Berens Woods.
C. Consider Approval of a Resolution Approving Final Plat and Development Agreement
for Belmont Estates.
D. Consider Approval of a Resolution Electing the Nonwaiver of Statutory Municipal Tort
Liability Limits and Declining Excess Liability Insurance Coverage.
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Phone 952.447.4230 / Fax 952.447.4245
6. ITEMS REMOVED FROM CONSENT AGENDA:
7. PUBLIC HEARINGS:
A. Truth in Taxation Hearing
8. PRESENTATIONS:
A. Introduction of Paul Snook, Economic Development Director.
9. OLD BUSINESS:
A. Consider Approval of an Ordinance Amending Section 1102.1403 of the Zoning
Ordinance to Allow Motor Vehicle Service and Repair and Auto Body uses in the C-5
Business District.
10. NEW BUSINESS:
A. Consider Approval of a Resolution Approving a Preliminary Plat to be Known as
Shepherd's Path and an Ordinance Rezoning Shepherd's Path to Planned Unit
Development.
B. Consider Approval of a Resolution Authorizing the Execution of an Agreement for the
Turnback of Metropolitan Council Interceptor and Lift Station.
C. Consider Approval of a Resolution Approving a Joint Powers Agreement for a Public
Safety Communication and Information System.
D. Consider Approval of a Resolution Approving a Pension Increase for the Prior Lake
Fire Department Firefighters Relief and Pension Association.
11. OTHER BUSINESS/COUNCILMEMBER REPORTS:
A. Community Events.
12. EXECUTIVE SESSION
A. City Manager Performance Evaluation.
13. ADJOURNMENT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
PRIOR LAKE
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
May 2,2005
DRAFT
Call to Order and Pledge of Allegiance
Present were President Zieska and Commissioners Haugen, Fleming, LeMair and Petersen,
Executive Director Boyles, EDA Attorney Pace, Economic Development Director Sullivan,
Secretary Green, and Paula Adoradio with Halleland, Lewis, Nilan & Johnson, P.A.
The meeting was called to order at 6:50 p.m. at the Fire Station City Council Chambers.
Approval of Minutes
MOTION BY HAUGEN, SECONDED BY PETERSEN TO APPROVE THE MINUTES OF THE
APRIL 18,2005, MEETING AS PRESENTED.
VOTE: Ayes by Zieska, Fleming, Haugen, LeMair and Petersen. The motion carried.
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING PARTICIPATION IN THE TWIN CITIES
COMMUNITY CAPITAL FUND (TCCCF) FOR ECONOMIC DEVELOPMENT PURPOSES AND
ESTABLISHING THE CITY'S PARTICIPATION LEVEL.
John Sullivan presented the resolution and stated the fund would begin operating when an
initial $2 million capitalization goal is reached. Introduced Paula Adoradio of Halleland, Lewis,
Nilan & Johnson, who was available to answer any questions about her review of TCCCF.
Indicated language amendments would be made to section 9 and 10 regarding management
agreements.
Comments:
Fleming: No comment.
Petersen: With changes to section 9 and 10, would probably approve.
Haugen: Stated he would defer verbage to Counsel.
Adoradio: Language suggested for section 9 added a specific description of how expenses
would be reimbursed and documented. Language now states that TCCCF is required to keep
detailed records and that reimbursement would be within normal policies of the fund.
Language in section 10 would indemnify both the fund and each of its members for any
actions taken on behalf of the fund.
Pace: Asked about additional suggested language at the end about severability, governing
law, amendments and waivers.
LeMair: Asked Sullivan if he supported it.
Sullivan: There are issues and it would be nice to see all of City Attorney suggestions
incorporated. Approved that Martin has allowed sections 9 and 10 to be revised and has
confidence in the interim board - the program is admirable and can be of value to Prior Lake.
Zieska: Asked what other sources of finances does this EDA have for businesses that are
looking for assistance.
Sullivan: Tax increment financing, tax abatement, federal loans and grants, CDBG federal
block grants administered by the state, and private equity funds. TCCCF is a gap-type lending
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Phone 952.447.4230 / Fax 952,447,4245
Economic Development Authority
Meeting Minutes
January 18, 2005
source to fill in between the first mortage lender, equity and whatever isn't there for loaned
value on the assets.
Zieska: Asked what kind of assets could be tapped into when making loans.
Sullivan: Ten times the amount.
Zieska: Asked if there is liability - other than losing $50,000.
Adoradio: Protection is greatly increased if we get the indemnification provision. Most
comments clarified what the role would be and how the fund would work and how government
of the fund would work.
Zieska: Asked if Prior Lake can join at a later date since not all concerns have been
addressed.
Fleming: Stated that he appreciates Mr. Martin's efforts to work with the EDA, but there are
still 15 business issues that have not been resolved.
Haugen: Not ready to approve.
Fleming: These 15 issues are serious enough that the EDA should not move ahead.
Zieska: Confirmed that the consensus of the EDA board is to not take action.
Haugen: Staff and legal counsel should continue working with the other party toward
resolution of the issues identified.
MOTION BY FLEMING, SECONDED BY LEMAIR TO ADJOURN. With all members in favor,
the motion carried and the meeting adjourned at 7:08 p.m.
Frank Boyles, Executive Director
Charlotte Green, Recording Secretary
1:\EDA\MINUTES\050205 minutes.DOC
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
City Council Meeting Minutes
November 9,2005
DRAFT
SPECIAL COUNCIL MEETING MINUTES
November 9, 2005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE:
Present were Mayor Haugen, Councilmembers LeMair and Petersen, City Manager Boyles, Finance Director Teschner,
Assistant to the City Manager Meyer, Communications Coordinator Oster and Administrative Assistant Green. Council-
member Zieska was absent from the meeting due to out-of-town travel, and Councilmember Fleming was absent due to a
conflicting meeting.
Consider Approval of a Resolution Canvassing the Returns of the City of Prior Lake 2005 Municipal Election
Finance Director Teschner noted that returns must be canvassed within 48 hours of the election. Results of each precinct
were reviewed.
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! ! Write-in Votes ! 468!! ! G. Brvan Fleming ! 666 !
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! COUNCIL {2\ : Cheri Dornbush ! 1756!! i Over/Under Votes !. 165 !
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A MOTION WAS MADE BY LEMAIR, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05-183 CANVASSING
THE RETURNS OF THE CITY OF PRIOR LAKE 2005 MUNICIPAL ELECTION.
VOTE: Ayes by Haugen, LeMair and Petersen, Fleming and Zieska were absent. The motion carried.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by LeMair, and seconded by Petersen,
With all in favor, the meeting adjourned at 5:04 p.m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
www.cityofpriorlake.com
1
Phone 952,447,4230 / Fax 952.447.4245
16200 Eagle Creek Avenue S,E,
Prior Lake, MN 55372-1714
City Council Meeting Minutes
November 21,2005
Draft
REGULAR COUNCIL MEETING MINUTES
November 21, 2005
CALL TO ORDER:
Present were Mayor Haugen, Councilmembers Fleming, Petersen and Zieska, City Manager Boyles, City Attorney
Pace, Public Works Director/City Engineer Albrecht, Planning Director Kansier, Planning Coordinator Moore, Communi-
cations Coordinator Oster and Administrative Assistant Green. Councilmember LeMair was absent.
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.
Tim Connors (14113 NE Ash Circle) stated he believes it is his civic duty to stop construction on Sand Point Beach.
Encouraged council members to go to see the construction area. Believes green space is disappearing. Noted that the
Parks Advisory Committee has discussed the issue. He described the playground structure and commented on its size
and stated that his issue is where the structure is being built. Wants Council to find out how much the structure cost,
what the bidding process was for the project and what process was used to design the play areas, Speculated about
the number of people that might potentially use the park in the future and how little park space will be available for them,
Stated that public input should be solicited in the design of parks.
Comments:
Zieska: Thanked Connors for bringing it to the attention of the Council. Noted that the construction is not going to be
undone and agreed that the wall is large in order to comply with ADA standards. Invited the council to look at the park.
Petersen: Will go see the construction area. Noted that the building had to be upgraded and the Council approved it.
Fleming: Noted that preservation of green space is important.
Connors: Stated that he had asked PAC to look at the park, but received no feedback.
Haugen: Appreciated Connor's thoughts and will direct staff to do some research and provide feedback at a future
meeting, Noted that the beach didn't change; but the expansion of the play area changed the green space.
APPROVAL OF AGENDA:
MOTION BY PETERSEN, SECONDED BY FLEMING TO APPROVE THE AGENDA AS PRESENTED.
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried. LeMair was absent.
APPROVAL OF MEETING MINUTES
MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE THE NOVEMBER 7, 2005, MEETING MINUTES AS
PRESENTED,
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried, LeMair was absent.
Due to the absence of Zieska and Fleming at the November 9, 2005, meeting, and the absence of LeMair at this meet-
ing, approval of the minutes of the November 9, 2005, meeting will be deferred to the next council meeting.
CONSENT AGENDA:
www.cityofpriorlake.com
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Phone 952,447,4230 / Fax 952.447.4245
City Council Meeting Minutes
November 21,2005
Draft
City Manager Boyles reviewed the items on the consent agenda,
A. Consider Approval of Invoices to be Paid,
B, Consider Approval of Treasurer's Report.
C. Consider Approval of Building Permit Report,
D, Consider Approval of Animal Warden Report,
E. Consider Approval of Fire Call Report.
F, Consider Approval of Resolution 05.184 Approving the Common Interest Community Number 1168 (Prior
Lake Professional Building) CIC Plat.
MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE THE CONSENT AGENDA AS PRESENTED.
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska, The motion carried. LeMair was absent.
PUBLIC HEARINGS:
Consider Approval of an Ordinance Annexing 7.05 Acres of Property in Section 10, Spring lake Township Pur.
suant to Minnesota Statutes 414.033, Subdivision 2. (Gold Property).
Planning Director Kansier presented the request by the petitioners to annex the property. Stated that the request meets
the criteria for annexation in that it abuts the municipality, is 60 acres or less, it is not presently served by public sewer
facilities, and the owners ask to be annexed. This annexation does not require the approval of the township, but it does
require a public hearing. Notices were sent by certified mail. State would have final review, This property is not part of
City's comprehensive plan and, if annexed, would be zoned R1 and would also be part of the shoreline district.
Comments:
Fleming: Asked if there is an obligation of the property owners to talk to the township about the annexation request.
Kansier: Replied that they are not obligated, but owners were encouraged to talk to the township, Stated that the
township board receives a certified notice,
Petersen: Commented on the tax structure (feathering) that was put together with the orderly annexation agreement
and as part of State Statute.
MOTION BY ZIESKA, SECONDED BY FLEMING TO OPEN THE PUBLIC HEARING,
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried, LeMair was absent.
The public hearing opened at 7:28 p.m.
Tim Kvidera (17776 Wedgewood Lane) purchased property because it was quiet and surrounded by lots with acreage.
The only current road access to the Gold property is through his property. Wants to assure that whatever development
occurs keeps him in mind as it will change his lifestyle and what he can do with his property. Questioned a 28-foot sec-
tion of land that is not shown on the annexation map.
Kansier: Identified the portion of land being referred to,
Kvidera: Noted that the strip of land may potentially belong to him,
MOTION BY PETERSEN, SECONDED BY FLEMING TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried. LeMair was absent.
The public hearing closed at 7:31 p,m,
Comments:
Haugen: Noted that there would be a public hearing before any development of the property.
Zieska: Stated that the annexation makes sense and is at the property owner's request so he will support it.
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City Council Meeting Minutes
November 21,2005
Draft
Petersen: Agreed, noted that this adds to the rest of the property that is already annexed,
Fleming: Will support it.
Haugen: Stated that this meets all of the principals of annexation and noted that the difference between this and the
orderly annexation agreement is that the landowner is making the request.
MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE ORDINANCE 105-24 ANNEXING 7.05 ACRES OF
PROPERTY IN SECTION 10, SPRING LAKE TOWNSHIP PURSUANT TO MINNESOTA STATUTES 414.033,
SUBDIVISION 2, (GOLD PROPERTY),
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried, LeMair was absent.
Consider an Appeal of the Planning Commission's Decision to Approve a Conditional Use Permit to Allow Out-
door Storage in the 1-1 (General Industrial) Zoning District.
Planning Coordinator Moore presented the topic outlining considerations undertaken by the Planning Commission and
the conditions set forth for this project. She described research and findings regarding traffic, visual, noise and emission
concerns; as well as the building, parking and landscaping for the proposed bus garage.
Comments:
Zieska: Asked about traffic volume studies at Deerfield.
Albrecht: Replied that the study included peak A,M., peak P.M, and 24-hour volumes,
Petersen: Commended Moore on the research that was done and noted that he respects the findings of the MPCA.
MOTION BY PETERSEN, SECONDED BY FLEMING TO OPEN THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried. LeMair was absent.
The public hearing opened at 7:59 p,m,
Haugen: Shared guidelines for the public hearing and explained that staff researches and reports and makes recom-
mendations, and the public has the right to make comments after which the public hearing will be closed and council-
members will have dialogue,
Alice McCauley (17448 Deerfield Dr) stated she called businesses that do tree moving and reported that the proposed
tree placement might not be successful. She believes this business does not meet the criteria of the 2030 vision and
strategic plan. Distributed and read aloud Don MCauley's written statement which included comments about residents
researching zoning of the area before purchasing their homes,
Judith Hanson (17436 Deerfield Dr) Stated she looked at a health assessment document from EPA that addressed
diesel exhaust and noted that residents would be impacted who met the description of persons with vulnerable health.
Noted that a walking trail was near the property and walkers would be impacted by diesel exhaust. Believes the EAW
from 2003 did not consider that there might be buses on the property, Referred to the petition signed by 150 people that
states they believe they will be negatively impacted by this business, and that the proposed modifications by Busse are
not adequate.
Pat Wilson (17444 Deerfield Dr) stated she is concerned about all the issues, and that little was said about diesel fumes
at the planning commission meeting, She believes the planning commission is not taking resident comments seriously.
Bill Dillingham (17459 Deerfield Dr) stated he went to city hall last November to ask what would be in the industrial
area and was told it would be nice looking buildings and minimal outside storage; and that if he had been told it would
be a bus garage, he would not have purchased there.
Keith Dahnert (17440 Deerfield Dr) commented on sound being within acceptable limits and believes the night time
noise would be a similar decibel level of someone shooting a shotgun ten times within an hour, which would be annoy-
ing, Quoted the CUP regarding undue adverse impact, stating that diesel engines, back up noise, visual, headlights,
odors and fumes, traffic congestion, buses pulling onto CR21 would create an adverse impact. States that trees and
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City Council Meeting Minutes
November 21,2005
Draft
berms are not enough to mitigate view and does not address the other concerns. This 1-1 property adjoins residential
property and should be more restricted than other 1-1 properties. Believes that approval of this CUP is in opposition to
the 2030 vision and strategic plan,
Tom Kuchta (17496 Revere Way) noted it would be hard for residents to have to wait for all of the buses to pass by
before they could access the highway.
Patty Anderson (4145 200th Street East) wanted to speak on behalf of Mr, Busse. Stated that a condition of a contract
with the school district is to have a Prior Lake address. Noted the area is continuing to grow and a place to put the
buses that take the children to school is needed, Mr, Busse is required to move from his present location because Scott
County changed ordinances.
Sue Callahan (4145 200th Street East) stated she works with Anderson Busing and is honored to be offered a spot at
this new bus company. Respects the way Mr. Busse has tried to please the county, the city and the neighbors. Noted
that Anderson Busing vehicles do not use diesel.
Todd LaSalle (17410 Revere Way) spoke about traffic problems with so many buses in one location and said CR 21 is
not prepared to handle the bus traffic and that the industrial park is not prepared for bus traffic. Referred to upcoming
intersection improvements and noted areas that are not scheduled for four-way signals. Believes that improvements do
not have designated funding. Believes anticipated increased growth will exacerbate traffic and access onto CR 21.
Haugen: Asked for clarification of a mentioned alternative two miles east of CR 87 and Prior Lake.
LaSalle: Replied it is in Scott County and is zoned 1-1, It is one mile east of CR 27 and there is also industrial land
north of CR 21, Talked about traffic flow coming to Fish Point where there will be traffic signals and believes that would
interfere with traffic already using that intersection,
Michael Gressman (17260 Revere Way) lives adjacent to property and has a built a 20-foot berm around his property,
If the berm were gone, the Enclave property would see the bus garage. Agrees Busse has done everything he can to
mitigate the situation, but it is a bad situation and he would like Busse to find a different spot. Spoke about noise levels
and that he can already hear the businesses on the other side of the berm. Believes the bus garage is a noisy business
and residents will hear it.
Tim Knutson (5694 Cardinal Ridge Trail) stated he has worked for the railroad for 17 years around diesel fumes.
States the buses will be loud and smelly and should not be put near homes. Suggested councilor staff should go to a
railroad or bus yard to test it.
Jerry Hanson (17436 Deerfield Drive) distributed a handout to the Council and presented noise, traffic and signal light
issues. Asked the council to find an alternate location for the bus garage and discouraged inaction that would result in
the CUP being approved by default. Expressed concern that the proposed CUP is what ever the policy makers have
said will be and that the residents are wasting their time,
Haugen: Noted that from a policy standpoint, the Council doesn't direct staff on what to say. Staff puts together their
report with the best recommendation and brings it to a public meeting for evaluation. The process differs from private
business,
Jim Busse (5400 190th Street East) Noted that he has looked in surrounding areas for a new location and said they felt
they needed to stay in Prior Lake because it is a central location for the school district. John Messenbrink invited them
to be part of Deerfield Industrial Park, Worked on landscape plan to eliminate noise and lights as much as possible,
He has had substantial experience planting trees this size and states they will survive, If not, there is a guarantee for
one growing season. Engines have to meet pollution standards for emissions and standards are becoming more rigid;
and, nearly half of the buses will be gasoline, Policies are being developed for bus warm-up to try to address concerns.
Investigating back-up alarms that can be disarmed while the buses are on the lot. States he is proactive in trying to be a
good neighbor and asked the council to approve the CUP,
Dahnert: Noted that if there is a state-mandated requirement to have back-up alarms, it may not be allow them to be
disarmed.
Margaret Squires: (17320 Deerfield Dr) believes there has to be another location that is more suitable.
Hanson: Responded to comments made that the residents would not like anything in the proposed area. Disagreed
and stated the residents expect something to go there, but not of this magnitude.
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City Council Meeting Minutes
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MOTION BY PETERSEN, SECONDED BY FLEMING TO CLOSE THE PUBLIC HEARING.
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska, The motion carried, LeMair was absent.
The public hearing closed at 9:40 p.m,
RECESS
Mayor Haugen called for a ten-minute recess at 9:41 p,m,
RECONVENE
The meeting reconvened at 9:51 p,m,
Comments:
Fleming: Thanked residents on both sides of the issue for coming forward. Asked how many residential properties are
within 350 feet.
Moore: Replied that there are nine residential properties and they received notices,
Fleming: Asked if the MPCA indicated what an acceptable noise level is.
Moore: Replied that it is important to note how question was framed, She faxed the MPCA information that was diS-
tributed as part of the public hearing to assure accuracy; and the MPCA responded that with all of the factors involved
such as the berm and trees, this proposal would not be in violation,
Fleming: Asked about the status of work on CSAH 21,
Albrecht: Replied that the intersections of CSAH 21/Franklin and CSAH 21/Fish Point Road are being designed and
spoke of funding that is designated. Also noted that the 2003 EAW did not look at a bus garage, but that the EAW is an
estimate and some of the businesses already there are generating less traffic than was estimated.
Fleming: Asked Busse how many buses are anticipated to be warming at one time.
Busse: Responded about the number of buses that are warming at given times of the day and noted that in the sum-
mer there is minimal operation.
Zieska: Asked about comments made that required the bus company had to be located in Prior Lake.
Busse: Affirmed that it does.
Zieska: Asked if there would be fueling on site.
Busse: Stated there would not.
Zieska: Talked about the different kinds of fuel that are becoming available and asked how many buses other compa-
nies have that would not be at this site,
Busse: 20-22.
Fleming: Asked staff to talk about the relationship between the comprehensive plan and the 2030 vision and strategic
plan; and asked which document legally controls land use and planning.
Pace: Replied that the 2030 vision and strategic plan is a community effort for residents to say what they want the
community to look like in the long term, Land use designation is controlled by the comprehensive plan and the zoning
ordinance which sets out the specifications and criteria for what is allowed in each zoning district. The legal document
that will apply will be the zoning ordinance.
Fleming: Asked what recourse a business has when it meets the conditions and a municipality does not grant it the
CUP,
Pace: Replied that the question before the policy-making body is whether the applicant meets the criteria in the ordi-
nance for a CUP. It should then consider what evidence is in the record and the input from the community at the public
hearing to determine, in their reasonable judgment, whether the criteria for a CUP for this use continue to be met. The
recourse of the business owner, who believes there is no rational basis for the City Council to deny their CUP applica-
tion, could be to sue the City, If the business meets the criteria, it should get the permit.
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City Council Meeting Minutes
November 21,2005
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Petersen: Noted appreciation for the interest in a subject such as this. Stated that even though councilmembers get
comments that they don't listen; they still must make a decision. Noted that both staff and residents did a good job of
finding resources and facts. Stated he has observed Busse operate his business and knows he runs a clean business;
diesel engines are being cleaned up and nearly half of the buses are not diesel. Will support the CUP request.
Zieska: Clarified that Deerfield 11th plat and changes from C-5 to 1-1 were done at the same meeting in 2003; as well as
landscaping and the points from which 350' were measured,
Moore: Noted that from the edge of parking area to the closest property "envelope" is 500'.
Zieska: Clarified berming on the western end of the property and whether the "cut back" was for drainage.
Moore: Responded that it is because of the configuration of the parking lot and that they also want to maintain a buffer
from the wetland area,
Zieska: Asked what the differences in outside storage allowed are between zoning of C-5 and 1-1.
Kansier: Replied that C-5 outdoor storage is limited to 50% of the floor area of the structure, which has to be
screened, and there may be some locational criteria.
Zieska: Noted that limited bus storage would not be precluded even in a C-5,
Kansier: Potentially, but it would be limited,
Zieska: Asked about the number of people working at Norex.
Haugen: Approximately sixty.
Zieska Noted that would make a potential for 120 cars. Asked if there is any other 1-1 zoning district in the City in ad-
dition to this area and the area across CSAH 21,
Kansier: Responded that there is not.
Haugen: Asked for clarification of where pine trees are planned, and what is north of the property.
Moore: Responded that the northern parcel is a vacant industrial property and it is bermed to the south beyond which is
Spring Lake Township with single-family residential.
Haugen: Asked how many feet long the berming is,
Moore: Replied that it is most of the southern border,
Haugen: Complimented Busse on the proposed berming on the west. Would want to assure additional berming and
pine trees that is effective to block sound and sight. Not convinced we have perfect product yet. Commented regarding
the noise; that he went to the schools when the buses were running and could not hear much from 300' away and the
traffic noise from CR 44 was greater, so he believes the noise aspect is not a major issue. Concerned about emissions
but noted the distance should mitigate it. Noted that the 2030 vision and strategic plan is a plan for the future and the
comprehensive plan and zoning ordinance are what must be followed. Stated that the traffic coming out of Fish Point
Road is an issue regardless of the school buses and that other business expansion will also increase the traffic. Traffic
is a problem and the bus company is not the cause of it.
Albrecht: Commented that Busse could develop a traffic mitigation plan that would allow the city to work with them on
which intersections they should use,
Petersen: Stated that many of the buses come onto CSAH 21 in that area now.
Haugen: Asked Albrecht what he visualizes as a traffic mitigation plan.
Albrecht: Replied that it could give details about the number of vehicles, the time of day they would be running and
what intersections they are going to, There may be interim things that could be done at intersections such as widening
an approach that may help facilitate right hand turns, There could be ramifications to overloading some of the intersec-
tions and the City would not have the ability as the conditions are written currently to designate which intersections must
be used. Asked that a traffic mitigation plan be made part of the conditions,
Fleming: Asked about the 120-day time period.
Kansier: Replied that the 120-day period begins when the completed application is received,
Zieska: Asked Busse about bus size.
Busse: Responded with the passenger size for each bus,
Zieska: Stated he has looked at the facts and his job as councilmember. Noted that this proposed CUP meets land
use ordinance with conditions, There will be more noise, but noise will not have an adverse affect since the distance will
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mitigate it. Does not want this to be the main school bus location for the indefinite future. Requested two additional
conditions: that the number of buses with over 30 passengers is capped at 53; and that the location where buses can be
parked must remain in the same part of the property as currently designated.
Haugen: Clarified the number of gas buses and asked how many of the big buses are diesel.
Busse: All of the big buses are diesel.
Haugen: Asked if there is any indication that big buses will go to gasoline.
Busse: Replied that it seems to be moving toward cleaning up the diesel and keeping them diesel.
Haugen: Asked if Zieska's additional conditions are possible to enact regarding parking.
Busse: Replied that the current plan is for the big buses to be parked along the southern boundary.
Fleming: Asked what would happen to the business and the service provided if the CUP were not approved.
Busse: Scott County would serve a letter and would possibly be out of business by next summer. Noted that extra
operating costs of moving would be passed along to school district.
Haugen: Noted that the above question could not flow into the decision-making process of this council. Asked about
the height of the berm on the western portion and the fence surrounding the parking area.
Moore: Replied that the fence is largely for security,
MOTION BY ZIESKA, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.186 UPHOLDING THE
PLANNING COMMISSION'S DECISION TO GRANT A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR
STORAGE IN THE 1-1 (GENERAL INDUSTRIAL) ZONING DISTRICT WITH THREE CONDITIONS ADDED: 1) THE
NUMBER OF BUSES OVER 30 PASSENGERS SHALL BE CAPPED AT 53 BUSES; 2) BUSES FOR MORE THAN 30
PASSENGERS MUST BE PARKED NO FARTHER WEST THAN SHOWN ON THE CONDITIONAL USE PERMIT;
AND 3) A TRAFFIC MITIGATION PLAN SATISFACTORY TO STAFF MUST BE IN PLACE PRIOR TO THE ISSUANCE
OF GRADING OR BUILDING PERMITS.
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska. The motion carried. LeMair was absent.
Haugen: Moved agenda 10B to the next topic for discussion,
Consider Approval of a Report Regarding the Intersections of CR21/ Fish Point Road and CR21/ Adelmann.
Public Works Director/City Engineer Albrecht presented the agenda report and outlined six alternatives that were ex-
plored regarding the safety of these two intersections,
Comments:
Zieska: Most alternatives appear to be a cost with little return. Most accidents are from driver inattentiveness rather
than drivers trying to access CR 21. Fire trucks are generally able to access with the use of sirens. Noted that the best
option seems to be increased enforcement and using the DARE speed limit signs. Expressed concern that if money
were diverted from the CR 82 project, would not be able to get those funds again,
Albrecht: Replied that the County would need to front the money and he is not sure what the impact of that would be in
the long run.
Zieska: Commented on the schedule of rebuilding city streets.
Petersen: Stated we should stay with the plan that is established with the County to install the whole intersection at one
time,
Fleming: Asked what the delay would be for the CR 82 project if money were diverted from that.
Albrecht: Replied that it would have to be negotiated with the County in the joint powers agreement.
Fleming: Noted that the cost benefit analysis could be done although none of the figures proposed would pay for a
human life.
Haugen: Believes there is a traffic problem from the Wagon Bridge to CR 87 and asked what the benefits would be to
designate an accident reduction area for that roadway. Noted that bringing strong attention to speed enforcement might
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help the driver inattentiveness as well, Perhaps there could be an officer on site when buses access CR 21 or the po-
lice auxiliary concept for traffic control could be used.
Warren Erickson: (3031 Spring Lake Road) Commented on hospitals that have sign/light that flashes red when an
emergency vehicle is coming through, Wondered if it could it be beneficial to the fire department and what costs it
would entail.
Albrecht: Responded that staff could come up with a plan of action and bring it back to the council.
Boyles: Noted that the perspective of the police and street supervisor would be included.
Erickson: Commented that an issue during the election campaign was the speed level on several streets, and asked
how enforcement for other streets would be maintained if it were increased on CR21.
Albrecht: Noted that overtime hours were considered for the extra coverage rather than decreased enforcement else-
where,
Haugen: Gave direction to put together an ad hoc team to bring back a recommendation to the council.
Albrecht: Anticipate bringing a recommendation to the January 16, 2006, meeting.
PRESENTATIONS:
Downtown Dazzle - Chamber of Commerce
Chris Mahowald, Chamber of Commerce Board Director, described the schedule of events for this year's Downtown
Dazzle.
Comments:
General comments of support and appreciation.
OLD BUSINESS:
No old business was brought before the council.
NEW BUSINESS:
Consider Approval of a Resolution Making a Negative Declaration on the Need for an EIS (Environmental Impact
Statement) for the Shepherd's Path Development.
Planning Director Kansier reviewed this agenda item and noted that no major issues were identified in the EAW.
Comments:
Zieska: Stated that this looks similar to the EAW on the development on Jeffers Pond with similar comments from the
same agencies,
MOTION BY FLEMING, SECONDED BY PETERSEN TO APPROVE RESOLUTION 05.185 MAKING A NEGATIVE
DECLARATION ON THE NEED FOR FURTHER ENVIRONMENTAL REVIEW AS A RESULT OF THE SHEPHERD'S
PATH ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW),
VOTE: Ayes by Haugen, Fleming, Petersen and Zieska, The motion carried, LeMair was absent.
Consider Approval of 2006 Program Changes for the: 1) Boat Slips at Watzl's Beach; 2) Skate Park Facility; and
3) Wheel Fun Rentals
Recreation Coordinator Barstad presented and asked council for feedback and authority to implement the proposed
changes.
Comments:
Fleming: Will support it.
Petersen: Commented that with nothing to steal from the skate park, perhaps the vandalism will decline,
Zieska: Will support it.
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Haugen: Noted the wheel fun bikes were tough to ride in that terrain. Continues to be against having boats overnight at
the Watzl's boat slips and suggested that all slips be on a first-come, first-serve basis,
Barstad: Replied that the PAC felt it wasn't publicized enough and people didn't know about the slips.
Haugen: Noted that it was a great summer for boating and users would have realized they were there, If the slips are
all used, then could go back to restricting use to reservations,
Petersen: Asked if the first-come, first-serve slips were full.
Barstad: Affirmed and noted that it was difficult to keep kids off the slips that were empty.
Petersen: Asked if boaters could use the slips without a reservation.
Barstad: Replied that if a slip had no reserved sign, they could be used on a first-come, first serve basis.
Boyles: They were basically utilized as if they were non-reserved slips.
Haugen: Clarified that if reservation spaces were empty, anyone could use them.
Zieska: Intended to be first-come, first-serve unless they were reserved.
Barstad: Clarified that the boat slip usage will be left as is,
OTHER
Zieska: Recognized police department for work Saturday night capturing a felon with federal charges.
ADJOURNMENT
With no further comments from Council members, a motion to adjourn was made by Petersen and seconded by Flem-
ing,
With all in favor, the meeting adjourned at 11 :42 p,m.
Frank Boyles, City Manager
Charlotte Green, Recording Secretary
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