Alice Pickering
Wyoming Area ReporterWyoming City Council passed a resolution last week approving the purchase and development agreements between Stars and Strikes, the city and the EDA. The proposed family entertainment complex slated to be built in the Wyoming Business Park has been under consideration for a long time, but on Oct. 18, there was finally a vote.
It took a while last week to discuss some negotiable terms of a development agreement. One question related to a conservation easement. The city has general powers for zoning.
Developers must still record a conservation easement. According to Engineer Lee Elfering, ìwetlands are treated very sensitively.î Wetland delineation lasts for only three years. The easement gives the city the right to oversee the area, and puts the easement in place for all time forward.
Another question related to a park dedication fee. Developers want to make a voluntary contribution to the parks fund, but did not want it written into the development agreement.
Betsy Rud, one of the developers, said she could see no requirement for a park dedication fee if there is no subdivision. The groupís position is the land will not be subdivided, but developed as one parcel.
Rud used city ordinances to support the position. She also emphasized that Stars and Strikes wants to make a voluntary contribution to parks.
Because the park dedication fee is a discretionary part of the deal, several council members were in favor of taking the item out of the agreement. This historically has not been charged to businesses in the city.
However, some have made voluntary contributions to the parks department, the most recent $10,000 from Polaris.
City Administrator Jill Teetzel suggested a small fee could be required; in the future if the land was subdivided, credit for the amount of the park fee could be applied to the land.
City Attorney Travis Stottler cautioned that once the park dedication fee is out of the agreement, it cannot be brought up again. He recommended specifying the time limit within which Stars and Strikes should make their offer of a fee, suggesting 180 days.
ìIíd like to think weíre welcoming good neighbors,î CM Lynn Koalska said. CM Ted Phillips maintains it is important to be consistent with developer and be certain funds are secure for park development and equipment.
The vote was 3-1, with Phillips voting against acceptance. His opposition was to removal of language requiring a park dedication fee. An initial motion to accept the development agreement as presented; died for lack of a second.
Contingencies include legal and engineering approval and acceptance of the agreement by the EDA. The document was to go before that group Oct. 19. Developers are also to provide an interior plan of the buildings to Teetzel.
CR-84 vacation
By a vote of 4-0 council voted to vacate a portion of CR-84, a section of East Viking Blvd, east of the city.
The decision was related to a section of the road between the north and south parcels of city land which were sold to Polaris Industries.
The required public hearing was completed before the decision. The public hearing was to discuss vacating the road between the north and south parcels purchased by Polaris Industries for its new research facility. A public hearing is required with 30-days notice, and notification of residents nearby.
During the public hearing Marge Strand said SRC ìnever received any notice about the public hearing.î They have owned their business on the east side of the city for 30 years and own property that fronts the road for more than a half-mile. Strand said they first read about the public hearing in the notice sent to all residents.
The city is required to notify residents living within 500 feet of the section of the road being considered for vacation.
Legal opinion from Attorney Stottler is the city ìmet the bare minimum of notificationî and met legal obligation. He could not comment for the county.
Teetzel told Strand there had been multiple public hearings about the potential road vacation, before the purchase agreement with Polaris was signed. Part of the development agreement included vacating the road through the property, she said.
The city newsletter also gave notice of the potential road closure. Mrs. Strand commented that the newsletter was the ìfirst official notice Iíve seen.î
Resident Gary Menne said Strandís property touches up against the city ponds. There had been original discussion about re-routing the road around the ponds. However, to do so would jeopardize some wetlands, meeting DNR resistance.
There were four proposals altogether for re-routing, but according to Elfering, all had problems and were ìtaken off the (negotiating) table.î Mayor Vern Haag said the ìcounty rejected four road plans as not being cost effective.î
Bob Kollross, Polaris representative, said from a safety standpoint the site is a good one for the company. Also the closed road provides security. The ìcontiguous parcel is ideal for Polaris,î he said It would be a ìmajor compromise if we change that (split the property).î The proposal is the road itself will remain, but will be gated. The west gate will be the main entrance. Employees can enter from the east.
Marge Strand spoke about the hardship this would place on SRC. She said trucks out of transfer station will have to be re-routed, adding costs. In addition, ìweíve tried to be respectful of residents on Forli and Glen Oaks,î she said
In answer to questions from council Strand said SRC is considering moving its transfer station near its business area on 260th St. No firm plans have been made.
Comments from the council and the final vote came after a long discussion during the public hearing. Before the vote Koalska said, ìThis is not a city-alone project.î Haag observed that ìobjection from the Strands came late,î after other options had evaporated.
There will be benefits to southern Chisago County and the city with Polaris located east of the city. The entire council wants to offer any consideration it can for Strands to continue to operate SRC successfully.
More topics
Council learned from Chief Tony Pangal the D.A.R.E. program at Wyoming Elementary is on hold. For several years Officer Brian Rod has been donating time to present the program.
Chief Pangal said it has become harder for Rod to come off a night-shift, take a short break, and be alert for the class. In addition, preparation takes time. Grants have been targeted to school liaison positions and the police applications have been unsuccessful thus far.
When the chiefís position becomes full-time administrative, the job description could include D.A.R.E. as part of duties. Pangal said it takes a minimum of 10 weeks for the program to be properly presented. He is hopeful the program can be resumed.
Council approved a change order for estimated costs for putting in force main to Polaris. About 6200 feet of re-circulation line is needed for the East Viking Blvd. water-main project, plus the connection.
The change order also includes about 2000 square feet of insulation for the existing waterline (about $3.10 per square foot), to prevent freezing. Elfering said the amount of earth covering the water main has likely been reduced as a result of changes during road surfacing and ditching. Elfering estimated the total cost of the change order to be just under $63,000. Vote was 4-0 in favor.
Menne questioned council about what he referred to as a building moratorium in the industrial park. There was an additional question about the large volume of water for which the city cannot account. He believes it comes from the pipe out of the cityís water tower ìdumping water onto his land.î
Haag referred Menneís questions to Teetzel, who explained there is no moratorium on building in the area, only a temporary moratorium on the issuance of variances/special use permits. CM Sandy Standridge said that during the moratorium, the city did not completely stop issuing building permits.
On June 7 the council issued a moratorium on variances on the issuance of conditional use permits in the cityís industrial park for a period of six months; through Dec. 31.
Teetzel said the planning commission has monthly meetings and no property owners have attended these meetings or raised questions since the moratorium was passed in June. Council directed this item be on the agenda for the next meeting.
In a discussion about Gene Hallbergís offer to pave a short section of 260th, there was no decision. Elfering said he wants to get the street paved, but made no mention of curb.
According to Stottler, it ìhasnít been the cityís past practice to allow private citizen to pave public streets.î It invites a ìhost of problemsî and potentially circumvents bidding, he said. Elfering is to prepare cost sheets and Teetzel will make an appointment with Hallberg to discuss the issue.
Council discussed responsibilities of communications liaison. Council wants to keep the city informed and the website is one avenue. Phillips has not received phone calls with information to add to the site or from residents with questions. He invited calls from residents.
No one has directed information be placed on the website. Koalska was hired in 1999 to set up the cityís web site. She also maintains it as a consultant, but believes that information to go on it should come at the direction of council and/or liaison.
Gabe Raeder appeared to thank the council for his referral to Chisago County Parks to further expand on the development of his Eagle Scout project, building benches for Sunrise Prairie Trail.
Other business
In other business, council:
ïScheduled a special council meeting at 7 p.m., Thursday, Nov .4 to canvass election results.
ïLearned from Teetzel members of the park board are being formally invited to attend the council meeting Nov. 1.
Learned from Attorney Tom Millerís report there is no additional news about the insurance claim related to the failure of the 259th Street lift station.
ïBy a 4-0 vote, authorized the fire department to purchase selected items with remaining federal grant money. About $10,650 remains.
ïScheduled a public hearing for 7 p.m., Monday, Dec. 6 to hear comments about a petition by Marilyn and Glenn Mauritz, 25930 Kettle River Blvd, to annex their 10-acre parcel to the city.
ïScheduled a public hearing Dec. 6 for comments about a petition by the Bauer family, 25577 Goodview Ave., to annex their property to the city. The land is not served by sewer and water.
ïDirected the building inspector to check on the status of the Jeff Hansen house on Kettle River Blvd.
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