The URL can be used to link to this page

Home My WebLink About99-010 Nullifying Recorded Bluff Indemnification . < '13P May 5, 1999 Chuck Furlong 4231 Quaker Trail Prior Lake, MN 55372 RE: Recorded Bluff Indemnification Dear Chuck, Effective May 1, 1999, a new Zoning Ordinance went into effect and the indemnification regarding bluffs has been eliminated. As a convenience to you, on April 19, 1999, the City Council adopted Resolution 99-23 nullifying the preciously recorded Bluff Agreement. You have the option of recording the enclosed Resolution 99-23, nullifying the recorded Bluff Indemnification Agreement once required as part of a building permit issued for your property prior to May 1, 1999. You do not have to provide the City with proof of recording this resolution. Please call me if you have any questions. JfU24 I i Tovar Planner . F:\DEPT\PLANNING\99FILES\99SUBJEC\99-023\NULLL TR.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 0'7-/0 . ~ 9~ L~ ~ ~UJY\c4 ~J L0~ ~ <-tVIcU- ~ ~L ~ ~~t{)~ -+lAo..-t,/J ~~ c:4~ &w\.. ~ cvt- 4d ~{ Q~~ J,cO-J I 5~(QJL~) ~:J J~ ~ /2/ ff. ' . . ~' ,,'?' . \~~f\V" .... (,.\ ~, ,I> " ~"'O\ v\^' STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The undersigned, duly qualified and Deputy City Clerk of the City of Prior Lake, hereby certifies the attached hereto is a true and correct copy of the original. RESOLUTION 99-23 RESOLUTION NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FORSPECImCPROPERTIES on file in the office of the City Planner, City of Prior Lake. Kelly Meyer Deputy City Clerk Dated this ~ day of May, 1999. (City Seal) I:ldeptworkltruccopy.doc .. 0' RESOLUTION 99-23 RESOLUTION NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR SPECIFIC PROPERTIES MOTION BY: Kedrowski SECOND BY: Petersen WHEREAS: the Prior Lake City Council adopted Ordinance 98-01 on January 12, 1998; and WHEREAS: this ordinance requires that the owner of property with a bluff must "prepare and record a declaration of covenants, conditions and restrictions in a form acceptable to the City Attorney which provides for owner maintenance of all manufactured slope areas, acceptance of all risks and liability associated with those areas and indemnification of the City from all associated claims"; and WHEREAS: the owners of the following properties have all recorded indemnification agreements as part of the building permit requirements: 3030 Fairview Road 16085 Northwood Road 16099 Northwood Road 16033 Northwood Road 16077 Northwood Road 16087 Northwood Road 16091 Northwood Road 4231 Quaker Trail 15380 Red Oaks Road 3440 Twin Island Circle and WHEREAS: on February 16, 1999, the City Council adopted Ordinance 99-02, adopting a comprehensive new Zoning Ordinance for the City of Prior Lake; and WHEREAS: this ordinance is effective on May 1, 1999; and WHEREAS: this ordinance eliminates the need for the bluff indemnification agreements. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: 16200 E~g9~nei~~~uA)gk~n~~:'\~rrMtake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6P-ffl~47-4245 AN EQUAL OPPORTUNITY E1vlPLOYER , 1. The above recitations are herein fully incorporated as set forth above. 2. The indemnification agreements for each of the properties listed above are legally described on attached Exhibit A. 3. The City Council of Prior Lake hereby declares the indemnifications null and void as of May 1, 1999. 4. pursuant to the adoption of Ordinance #99-02, the City Council of the City of Prior Lake hereby consents to the removal from title of the indemnification agreements recorded against the properties listed in Exhibit A. 5. This resolution is effective on May 1, 1999. Passed and adopted this 19th day of April, 1999. Mader Kedrowski Petersen Schenck Wuellner YES X X X X Absent NO Mader Kedrowski Petersen Schenck Wuellner {Seal} r: \counci l\reso lu ti\p lanres\99\99- 23. doc PAGE 2 EXHIBIT A 3030 F AIRVIEW ROAD, LEGALLY DESCRIBED AS: LOT 7, BLOCK 8, FAIRVIEW BEACH 16085 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOT 94, NORTHWOOD ADDITION 16099 NORTHWOOD ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOT 89, NORTHWOOD ADDITION 16033 NORTHWOOD ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOT 118, NORTHWOOD ADDITION 16077 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOTS 96; 97, AND THE WEST 1/2 OF LOT 98, NORTHWOOD ADDITION 16087 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOT 93, NORTHWOOD ADDITION 16091 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOT 92, NORTHWOOD ADDITION 4231 QUAKER TRAIL, LEGALLY DESCRIBED AS: LOT 23, MAPLE PARK SHORE ACRES, EXCEPT ROAD 15380 RED OAKS ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOTS 24 AND 25, RED OAKS 3440 TWIN ISLAND CIRCLE, LEGALLY DESCRIBED AS FOLLOWS: LOT 25, TWIN ISLES r: \counci I\reso I u ti\p lanres\99\99- 23 .doc PAGE 3 REGULAR COUNCIL MEETING MINUTES Date: June 7, 1999 (7:30pm) CALL TO ORDER and PLEDGE OF ALLEGIANCE: Present were: Mayor Mader, Council members Kedrowski, Petersen, Wuellner and Schenck, City Manager Boyles, City Attomey Pace, Assistant City Manager Woodson, Planning Director Rye, City Engineer IIkka, Parks and Rec. Director Hokeness, Planning Coordinator Kansier, Assistant City Engineer McDermott, Finance Director Teschner, Fire Chief Chromy, Parks Supervisor Friedges and Recording Secretary Meyer. APPROVAL OF AGENDA: MADER: Suggested moving Item 7 A (Board of Review Continuation) to the first Item of Old Business. MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE AGENDA AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSIDER APPROVAL OF MAY 17.1999 MEETING MINUTES: MOTION BY WUELLNER, SECOND BY PETERSEN TO APPROVE THE MINUTES OF THE MAY 17,1999 MEETING. VOTE: Ayes by Mader, Kedrowski, Petersen and Wuellner, the motion carried. Councilmember Schenck abstained. ~ CONSENT AGENDA: A) Consider Approval of Invoices to be Paid. B) Consider Approval of Fire Call Report for May. C) Consider Approval of Resolution 99-53 Nullifying the Bluff Indemnification Agreements for Specific Properties. D) Consider Approval of Animal Warden Monthly Reports for April and May. BOYLES: Briefly reviewed each of the Consent Agenda items. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE CONSENT AGENDA. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: NONE. PRESENTATIONS: NONE. PUBLIC HEARINGS: Board of Review Continuation. (Moved to the first Item under Old Business) 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: CITY COUNCIL AGENDA REPORT JUNE 7, 1999 4C JENNITOV~PLANNER DON RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 99-XX NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR SPECIFIC PROPERTIES History: On April 19, 1999, the City Council adopted Resolution 99- 23 (see attached). This resolution nullifies the Bluff Indemnification Agreements for specific properties. Current Circumstances: It has since been brought to staffs attention that at least one property was not included on Resolution 99-23. To ensure additional properties were not missed, staff reviewed all building permit files for permits issued in 1998 and 1999. Two properties were inadvertently left off Resolution 99-23. These permits were for the properties listed below: 15301 Edinborough Avenue 15377 Fish Point Road The property owners recorded an indemnification agreement as part of the building permit requirements for these properties. Conclusion: In order to resolve the oversight, the City Council should adopt the attached resolution. Budget Impact: There is no budget impact as a result of this resolution. The City Council has three alternatives: 1. Adopt Resolution 99-XX as part of the Consent Agenda rescinding the recorded indemnification agreements for the listed properties. 2. Deny Resolution 99-XX. 3. Defer this item and provide staff with specific direction. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 1:\99fi1es\99subjec\99-010\ccrept2.doc AN EQUAL OPPORTUNITY EMPLOYER Page 1 RECOMMENDED MOTION: REVIEWED BY: The staff recommends Alternative 1. A motion and second adopting Resolution 99-XX. . 1:\99files\99subjec\99-0 1 O\ccrept2.doc Page 2 RESOLUTION 99-XX RESOLUTION NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR SPECIFIC PROPERTIES MOTION BY: SECOND BY: WHEREAS: the Prior Lake City Council adopted Ordinance 98-01 on January 12, 1998; and WHEREAS: this ordinance requires that the owner of property with a bluff must "prepare and record a declaration of covenants, conditions and restrictions in a form acceptable to the City Attorney which provides for owner maintenance of all manufactured slope areas, acceptance of all risks and liability associated with those areas and indemnification of the City from all associated claims"; and WHEREAS: the owners of the following properties have all recorded indemnification agreements as part ofthe building permit requirements: 15301 Edinborogh Avenue 15377 Fish Point Road; and WHEREAS: on February 16, 1999, the City Council adopted Ordinance 99-02, adopting a comprehensive new Zoning Ordinance for the City of Prior Lake; and WHEREAS: this ordinance eliminates the need for the bluff indemnification agreements. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: 1. The above recitations are herein fully incorporated as set forth above. 2. The indemnification agreements for each of the properties listed above are legally described on attached Exhibit A. 3. The City Council of Prior Lake hereby declares the indemnifications null and void. 4. Pursuant to the adoption of Ordinance #99-02, the City Council of the City of Prior Lake hereby consents to the removal from title of the indemnification agreements recorded against the properties listed in Exhibit A. Passed and adopted this 7th day of June, 1999. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 1:\99files\99subjec\99-01O\rs99xxcc.doc AN EQUAL OPPORTUNITY EMPLOYER PAGE 1 YES NO Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner {Seal} City Manager City of Prior Lake I: \99files\99subjec \99-0 I O\rs99xxcc.doc PAGE 2 EXIllBIT A 15301 EDINBOROUGH AVENUE, LEGALLY DESCRIBED AS: LOST 30 AND 31, MAPLE PARK SHORE ACRES 15377 FISH POINT ROAD, LEGALLY DESCRIBED AS: LOT 2, BLOCK 1 , MAVES 2ND LAKE ADDITION 1: \99files\99subjec\99-0 1 O\rs99xxcc.doc PAGE 3 .c/.._.....;.___... ," .. RESOLUTION 99-23 RESOLUTION NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR SPECIFIC PROPERTIES MOTION BY: Kedrowski SECOND BY: Petersen WHEREAS: the Prior Lake City Council adopted Ordinance 98-01 on January 12, 1998; and WHEREAS: this ordinance requires that the owner of property with a bluff must ''prepare and record a declaration of covenants, conditions and restrictions in a form acceptable to the City Attorney which provides for owner maintenance of all manufactured slope areas, acceptance of all risks and liability associated with those areas and indemnification of the City from all associated claims"; and WHEREAS: the owners of the following properties have all recorded indemnification agreements as part of the building permit requirements: 3030 Fairview Road 16085 Northwood Road 16099 Northwood Road 16033 N orthwood Road 16077 Northwood Road 16087 Northwood Road 16091 N orthwood Road 4231 Quaker Trail 15380 Red Oaks Road 3440 Twin Island Circle and WHEREAS: on February 16, 1999, the City Council adopted Ordinance 99-02, adopting a comprehensive new Zoning Ordinance for the City of Prior Lake; and WHEREAS: this ordinance is effective on May 1, 1999; and WHEREAS: this ordinance eliminates the need for the bluff indemnification agreements. NOW, THEREFORE, BE IT HEREBY RESOL YED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: , 16200 E~g9~net~~'f<u}i.\g~n~~~\~rr6rdrake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6PfflF+47-4245 .. .... ,.._, r A r ,"'H"'lMr'\r)"'rT T1'I.[M"'J c\,ror f"'\VC'O ,~ . . ,r +,....++,_._..~,..',~.; ~ ", .*....._,~,'".........,~. -, ". "'"'",.;...._. ""'_~"""_"':" ~:, "_'m. ..~. _~. .... ~ --,. . . 1. The above recitations are herein fully incorporated as set forth above. 2. The indemnification agreements for each of the properties listed above are legally described on attached Exhibit A. 3. The City Council of Prior Lake hereby declares the indemnifications null and void as of May 1, 1999. 4. pursuant to the adoption of Ordinance #99-02, the City Council of the City of Prior Lake hereby consents to the removal from title of.the indemnification agreements recorded against the properties listed in Exhibit A. 5. This resolution is effective on May 1, 1999. Passed and adopted this 19th day of April, 1999. Mader Kedrowski Petersen Schenck Wuellner YES X X X X Absent NO Mader Kedrowski Petersen Schenck Wuellner Absent {Seal} " r: \counci l\reso 1 uti\p lanres\99\99- 23. doc PAGE 2 ,< <.. .,1~ ':....... . . EXHIBIT A 3030 F AIRVIEW ROAD, LEGALLY DESCRIBED AS: LOT 7, BLOCK 8, FAIRVIEW BEACH 16085 NORTIlWOOD ROAD, LEGALLY DESCRIBED AS: LOT 94, NORTHWOOD ADDITION 16099 NORTHWOOD ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOT 89, NORTHWOOD ADDITION 16033 NORTHWOOD ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOT 118, NORTHWOOD ADDITION 16077 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOTS 96i 97, AND TIlE WEST 1/2 OF LOT 98, NORTHWOOD ADDITION 16087 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOT 93, NORTHWOOD ADDITION 16091 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOT 92, NORTHWOOD ADDITION 4231 QUAKER TRAIL, LEGALLY DESCRIBED AS: LOT 23, MAPLE PARK SHORE ACRES, EXCEPT ROAD 15380 RED OAKS ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOTS 24 AND 25, RED OAKS 3440 TWIN ISLAND CIRCLE, LEGALLY DESCRIBED AS FOLLOWS: LOT 25, TWIN ISLES r:\council\reso I u ti\p lanres\99\99- 23 .doc J PAGE 3 Council Meeting Minutes Aoril19. 1999 -5) Consider Approval of Resolution 99-XX Nullifying the Bluff Indemnification Agreements for Specific Properties. MADER: Provided the background and the intent of this agenda item in connection with the staff report. The new zoning ordinance has eliminated this requirement. The proposed Resolution would allow those property owners previously required to provide indemnification agreements to remove those agreements from their title. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR SPECIFIC PROPERTIES OUTLINED WITHIN. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. NEW BUSINESS: Consider Approval of Three Bond Redemption Resolutions: (1) Resolution 99-XX Calling for the Redemption of the Outstanding General Obligation Park Bonds of 1973; (2) Resolution 99-XX Calling for the Redemption of the Outstanding General Obligation Refunding Park Bonds of 1977; and (3) Resolution 99-XX Calling for the Redemption of the Outstanding General Obligation Improvement Bonds of 1988. BOYLES: Introduced Steve Mattson of Juran & Moody and the rationale for taking the necessary steps in redeeming the bonds in question. MATTSON: Often the City can redeem outstanding bonds (rather than refinance) when the issue is too small to refinance and mathematically it makes sense to payoff the bonds because the interest the money is earning in the savings account is less than what bonds are costing us. Described the specifics of the three bond issues in question, and their impact on the future tax levy, and procedures for redeeming the bonds. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE RESOLUTION 99-XX CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION PARK BONDS OF 1973. KEDROWSKI: Commended staff on recognizing the advantages and savings. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 99-XX CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION REFUNDING PARK BONDS OF 1977. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO APPROVE RESOLUTION 99-XX CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1988. VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried. BOYLES: Commented that the action taken allows the City to reduce the property tax levy by $36,615 for the years 2000-2003, and saves interest in the amount of $7,442.50. 041999.DOC 4 -~ MEETING DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT APRIL 19, 1999 8C JANE KANSIER, PLANNING COORDINATOR DON RYE, PLANNING DIRECTOR CONSIDER ADOPTION OF RESOLUTION 99-XX NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR SPECIFIC PROPERTIES History: On January 20, 1998, the City Council adopted Ordinance 98-01 (see attached). This ordinance amended the Zoning Ordinance to clarify the defInition of a bluff, and also required that the property owner "prepare and record a declaration of covenants, conditions and restrictions in a form acceptable to the City Attorney which provides for owner maintenance of all manufactured slope areas, acceptance of all risks and liability associated with those areas and indemnification of the City from all associated claims". When this ordinance was further amended in June, 1998, this provision remained. Since the adoption of this ordinance, we have issued 10 building permits which required the indemnifIcation agreements. These permits were for the properties listed below: 3030 Fairview Road 16085 Northwood Road 16099 Northwood Road 16033 Northwood Road 16077 Northwood Road 16087 Northwood Road 16091 Northwood Road 4231 Quaker Trail 15380 Red Oaks Road 3440 Twin Island Circle All of the property owners recorded an indemnifIcation agreement as part of the building permit requirements for these properties. Current Circumstances: When reviewing the new Zoning Ordinance, the City Council discussed whether or not to include this provision. The Council determined the indemnifIcation requirement was not really necessary, since the City's liability in these instances was 162 ~1~9.9files\9..9subiec\99-0 W\ccTe.nt.doc P,a$ J lJCH.agle CreeK Ave. ~.E., l"nor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax \ti12) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: minimal even without such an agreement. The Council therefore removed this provision from the new Zoning Ordinance. As a result ofthe Council's action on the new Zoning Ordinance, the City has received a request from the owner's of the property at 4231 Quaker Trail to remove the indemnification agreement. Rather than review each property separately upon request, it seemed prudent to act upon all of the indemnification agreements at this time. The Issues: The issue is the City's liability ifthe indemnification agreement is rescinded. Based on earlier discussions, the City's liability in these cases is very limited. The lack of an indemnification agreement will not change this fact. Conclusion: The purpose ofthe indemnification agreement is to protect the City. However, the lack of such an agreement in these cases will not subject the City to any increased liability. After May 1, 1999, the effective date of the new Zoning Ordinance, other properties similar to the ten listed above will not be required to sign and record this type of agreement. It seems reasonable, therefore, to rescind these existing agreements, effective May 1, 1999. If the Council adopts the attached resolution, it will be forwarded to the affected property owners who can then record it as proof of rescinding the agreement. Bud:et Impact: There is no budget impact as a result ofthis resolution. The City Council has three alternatives: 1. Adopt Resolution 99-XX rescinding the recorded indemnification agreements for the listed properties. 2. Deny Resolution 99-XX. 3. Defer this item and provide staffwith specific direction. The staff recommends Alternative 1. A motion and second adopting Resolution 99-XX. 1: \99fi1es\99subjec\99-0 10\ccrept.doc Page 2 RESOLUTION 99-XX RESOLUTION NULLIFYING THE BLUFF INDEMNIFICATION AGREEMENTS FOR SPECIFIC PROPERTIES MOTION BY: SECOND BY: WHEREAS: the Prior Lake City Council adopted Ordinance 98-01 on January 12, 1998; and WHEREAS: this ordinance requires that the owner of property with a bluff must "prepare and record a declaration of covenants, conditions and restrictions in a form acceptable to the City Attorney which provides for owner maintenance of all manufactured slope areas, acceptance of all risks and liability associated with those areas and indemnification of the City from all associated claims"; and WHEREAS: the owners of the following properties have all recorded indemnification agreements as part of the building permit requirements: 3030 Fairview Road 16085 Northwood Road 16099 Northwood Road 16033 Northwood Road 16077 Northwood Road 16087 Northwood Road 16091 Northwood Road 4231 Quaker Trail 15380 Red Oaks Road 3440 Twin Island Circle and WHEREAS: on February 16, 1999, the City Council adopted Ordinance 99-02, adopting a comprehensive new Zoning Ordinance for the City of Prior Lake; and WHEREAS: this ordinance is effective on May 1, 1999; and WHEREAS: this ordinance eliminates the need for the bluff indemnification agreements. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: 1. The above recitations are herein fully incorporated as set forth above. 2. The indemnification agreements for each of the properties listed above are legally described on attached Exhibit A. --1:\99fi1~\99S\lbj~c\99-Ql Q\rs9.2xxcc.doc PAGE 1 16200 cagle creeK Ave. ~.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3. The City Council of Prior Lake hereby declares the indemnifications null and void as of My 1, 1999. 4. Pursuant to the adoption of Ordinance #99-02, the City Council of the City of Prior Lake hereby consents to the removal from title of the indemnification agreements recorded against the properties listed in Exhibit A. 5. This resolution is effective on May 1, 1999. Passed and adopted this 19th day of April, 1999. YES NO Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner {Seal} City Manager City of Prior Lake 1: \99fi1es\99subjec\99-O 1 O\rs99xxcc.doc PAGE 2 . . EXHIBIT A 3030 FAIRVIEW ROAD, LEGALLY DESCRIBED AS: LOT 7, BLOCK 8, FAIRVIEW BEACH 16085 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOT 94, NORTHWOOD ADDITION 16099 NORTHWOOD ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOT 89, NORTHWOOD ADDITION 16033 NORTHWOOD ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOT 118, NORTHWOOD ADDITION 16077 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOTS 96, 97, AND THE WEST 1/2 OF LOT 98, NORTHWOOD ADDITION 16087 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOT 93, NORTHWOOD ADDITION 16091 NORTHWOOD ROAD, LEGALLY DESCRIBED AS: LOT 92, NORTHWOOD ADDITION 4231 QUAKER TRAIL, LEGALLY DESCRIBED AS: LOT 23, MAPLE PARK SHORE ACRES, EXCEPT ROAD 15380 RED OAKS ROAD, LEGALLY DESCRIBED AS FOLLOWS: LOTS 24 AND 25, RED OAKS 3440 TWIN ISLAND CIRCLE, LEGALLY DESCRIBED AS FOLLOWS: LOT 25, TWIN ISLES 1: \99fi1es\99subjec\99-0 1 O\rs99xxcc .doc PAGE 3 CITY OF PRIOR LAKE ORDINANCE NO. 98-01 AN ORDINANCE AMENDING SECTIONS 5-1-7 AND 5-8-3 A.3. OF PRIOR LAKE CITY CODE AND AMENDING SECTION 8.1 AND 9.3A.3 OF PRIOR LAKE ZONING ORDINANCE 83-6. The City Council ofthe City of Prior Lake does hereby ordain: Sections 5-1-7 and 5-8-3A.3 of Prior Lake City Code and Section 8.1 and 9.3A.3 of Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: Section 5-1-7 and 8.1 Amend the definition ofbluffto read as follows: Bluff: A topographic feature such as a hill, cliff or embankment having the following characteristics; (A) Part or all ofthe feature is located in a shoreland area; (B) The slope rises at least 25 feet above the ordinary high water level of the water body; (C) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or more; (D) The slope must drain toward the water body. Amend the definition of Top ofBluffto read as follows: Top of Bluff: The highest point of the slope, as measured from the toe of the bluff, where the grade becomes less than 30%. Section 5-8-3A.3 and 9.3A.3 are amended to read as follows: 3. Bluff Impact Zones, Bluff Setbacks and Engineering Required Structures and accessory facilities, except stairways and landings, shall not be placed in bluff impact zones. Bluff setbacks: As measured from the Top of Bluff, the upper end of a segment at least 25 feet in length having an average slope less than 18%. On properties determined to have a bluff, the applicant for a building permit on that property shall provide engineering certification to the City by a registered professional engineer that no excavation, fill or placement of structures on the 16200 E~gJ~\Il~:gl\l!Nki~r~i()1.JOcior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQL\L OPPORTUNITY EMPLOYER , \. . . . site will cause any slope to become unstable or will impose loads that may affect the safety of structures or slopes. The engineer shall also certify that the site development will not interfere with adequate drainage for the site or adjacent properties, will not obstruct, damage or adversely affect existing sewer or drainage facilities, will not adversely affect the quality of stormwater runoff, will not adversely affect downstream properties, wetlands or bodies of water and will not result in erosion or sedimentation. The owner of the property shall provide certification from a registered professional engineer that the final grading of the site was completed in compliance with an approved grading plan. The property owner shall prepare and record a declaration of covenants conditions and restrictions in a form acceptable to the City Attorney which provides for owner maintenance of all manufactured slope areas, acceptance of all risks and liability associated with those areas and indemnification of the City from all associated claims. This ordinance shall become effective from and after its passage and publication. Passed by the City Council ofthe City of Prior Lake this 20th day of January, 1998. ATTEST: {U?<Jk11J1,~ Mayor Publi III the Prior Lake American on the 24th day of January, 1998. Drafted By: City of Prior Lake Planning Department r:\counci1\ordinanc\ord980 i.doc MEMORANDUM DATE: TO: FROM: RE: CC: March 30,1999 Jane Kansier, Planning Coordinator Jenni Tovar, Planner O~ Bluff Properties Don Rye, Planning Director The following are properties with a Bluff Agreements or Restrictive Covenants recorded as a result of the Bluff Ordinance Amendment adopted in January 1998. The actual recorded documents are located in the respective building permit files. . 98-273 Ken Berens 3030 Fairview Road . 98-072 Lee Nelson 16085 Northwood Road . 98-501 and 98-1059 Jim Ruzicka 16099 Northwood Road . 98-214 McKnight & Assoc. 16033 Northwood Road . 98-587 Joe Passofaro 16077 Northwood Road . 98-520 Winston Simonson 16087 Northwood Road . 98-042 Hillcrest Homes 16091 Northwood Road . 98-409 John Mahoney (Furlongs) 4231 Quaker Trail . 98-791 Robert Claymore 15380 Red Oaks Road . 98-1324 David Brown 3440 Twin Island Circle It is my understanding this needs a resolution from the City Council nullifying the requirement of restrictive covenants (Bluff Agreement). We can then send the approved resolution to the affected property owners. Let me know if you have any questions. L:\99 FI LES\99CO RRES\J EN N I\B LU FFNU L.DOC INVOICE P(~ T r:ucc 1<1"\('11',,: SCUT1' CUUN1'Y RECORDER SCUTT CUUNTY RCGISTRAR OF TITLES F'(Y'{{lJ::{\...E TO:: SCOTT CUI..lI'.lTY F:ECOI<OFR 4~':':n SCH..ITH I..\OLI"IE:S SHAKOPEE, MN 55379-1392 1(:) 1 ~':~ ....l{. (;i (;. .... f~ :1. lli :::') 00, $01~~1) ~~_.. -~--~- .~...-- - -...---. ---- .,....') D) n" II ))1 JBy~~::,l 5_~::J :::'F:JOh~ L.tll<E C:ITY AT Tl".1 :: DC)I',,! I;:::''(\::: 16:200 EtIEn...!::: Cr;:FE 1< (,\./E SE PRIOR LAKE, MN 55372 :rl').v<:):i.(::e t%:: :1::1.99900()()()()(~34 Issued Date: MAY 18, 1999 ''':~'ICC()I..!.r'I'I:. ~:~::: :?:J. ........ .... ....1:.:.'. ~::~ f~: :~:.:j:. ~;} ~:~ ::~~ ....I~i:\ J. f': rJ ~;;; ~~~: .;L .... 'n'.... .... .... n...... .... .... .... .:J:.(~ ('. .~I..~) ~~;~ .... ............ ........ L: ~~~t: 1L::.t .... J.l} \~ ~:;.:~ J. .I;~; ~~::: .!L .... ........ .... ~). (~J.~~~::~. J. :?:?:?... .... ........ ........ .... ........ .... Do cumc~n t !it:: T ....:1. o~:::n"/ ~:.:, [I I":i. q.. D.::" '\:.f.:.:: ~j/:I. U/:I. ??? On Behalf Of: PRIOR LAKE CITY/RES 99.23 In':; '\:. n,trncn t :: r;: E:S 0 I... UT I cn".1 Services: STATE SURCHARGE (9-2329) EQUIPMENT FUND (9-2701) {"'I I SCTl.J..tll,.I{:::OU~::) C-:iEI"IEF~tll... TDF;~h:E::l".IS TORRCNS ASSURANCE Tr":'.n!:;,':!ct:i.on To-l:""'.1 .............................. .....................................................-......................................................... I)(:)C:l.lrnerl't tl:A"-44625:1. ()ll'j.g,t l)ate:: 5/:I.~:~/:J.999 On Behalf Of: CITY OF PRIOR L.AKE In!::. -l:,I'"1..t(lH:~n t:: F;~ESU!...l..rr I cn".1 Services: STATC SURCHARGC (9-2329) EOU I PI'IEI'.IT FI...lI".ID (?....~::.7():I.) CiEl'.lEF;:tlL. AB3TF~tICT Tr'.::Hl!:;,:i.ct:i.on Tot,':!1 ..................".......... l~ n ~.:.' () :l...OO .1 (){'1 .\... ',' '.' ,-,('" ....'1:: ',:;C) " / ....1 ~5 II ~':-: ~5 :l.:l.O,,~K' r:"f 11 ~.:.:. () ., nn .1."..... 'L.' :\. t~.. 00 :i. (? to ~::,() Total Amount Charged this Inv6ice ..............................................................................................................................................................................................................................................-..................................-........................................ :1.:30 .. 00 4lq ID -- 3/4