Stacy City Attorney Peter Grundhoefer and City Engineer Mark Statz spoke with Kwik Trip representatives prior to Dec. 10 council meeting. The process of bringing this new business to the city has inched forward, step-by-step, over the past several months.
Kwik Trip representatives anticipate closing on the sale of the store site soon. First the city and property owners — the Ulvens and the Brakemeiers — must obtain the necessary signatures along the way.
The Stacy Planning Commission worked through the intricacies of a conditional use permit application, scrutinizing a proposed permanent utility easement agreement from Sunrise Estates Park and from Kwik Trip, after the city had discovered utility lines lie buried on the properties across a private driveway. Engineer Statz drafted maps for both drainage and utility easements. Each property will give the city a 15-foot easement. Statz determined the some of the lines run underneath the homes but are predominantly running through the backyards of the lots. Kwik Trip has hired a surveyor to ensure accuracy.
“Normally, you don’t want utilities under structures, but they’ve been there for I don’t know how many years,” Grundhoefer said. The city advised Dustin Brakemeier, representing the mobile home park owners, that it would be a rare instance where they would come in and ask to move a home to access a utility. Mayor Mark Utecht clarified that in the event of a line break where the city would have to access the lines, the city would not pay for moving the house. The property owner would bear the cost of this action.
The city will be taking over one existing water main and will buy the storm sewer from the mobile home park. Kwik Trip will not be connecting to any of the mobile home park lines and will be constructing new off-site water and storm sewer lines. Kwik Trip is paying all public and private improvements, except for $18,000 from the city.
Grundhoefer requested the conveyance be part of the development agreement.
“Can we have it in both the bill of sale and the development agreement?” Utecht asked.
Statz and Grundhoefer agreed if it were in the development agreement, public and private improvements and the guidelines and “providing financial security,” that would be sufficient. The mayor is seeking to protect the city from costs associated with the development.
Grundhoefer called Kwik Trip “a developer with the wherewithal to see this through,” indicating that Kwik Trip would have the resources to cover any issues arising from the project. Kwik Trip officials signed off on the draft language that Statz and Grundhoefer had prepared.
The council approved execution of the development as approved by the city engineer. The documents will come back to the council once they are signed.
Grundhoefer advised approving the pieces of the agreements “one at a time.” The changes were accepted by the city — the bill of sale from Sunrise Estates to the city and sanitary sewer main and storm sewer conveyance, with contingency based upon a signed development agreement and successful closing of the purchase. The closing date was tentatively scheduled for Dec. 17.