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Home My WebLink About99-019 Busse Park Info ~ f()rl)0 ~l-Dl~ ~OD ~Fl~ ADDITIONAL .?~911-rJ-f7~O MA TERIAL/PLANS AVAILABLE IN LARGE SCALE. SEE THE PLANNING DEPARTMENT FOR ASSISTANCE AT (952) 447-9810. YEAR: 10;'17 Jl~ (JttLr) Scott County, MN 1748S flU' 11ll/SS lMt f78fS 178>> 4(tl.) ~L .C:::- 17U'l .. Property Information ParcelID: 259110470 Taxpayer Name: PRIOR LAKE,CITY OF Taxpayer Address1: 4646 DAKOTA ST SE Taxpayer Address2: Taxpayer Address3: PRIOR LAKE MN, 55372 Property Address1: 4600 BUSSE PKWV SE Property Address2: PRIOR LAKE MN School District: 719 Estimated Land Value: $1,382,400 Estimated Buildings Value: $0 Total Estimated Market Value: $1,382,400 Home Style: Prime Square Footage: Bedrooms: Bathrooms: Year Built: Last Sale Date: This drawing Is neither a legally recorded map nor a survey and Is not Intandad to be usad as one. ThIs drawing Is a compllaUon of records, Information, and da..local8d in various city, county, and s.... Dllic:es, and other sources aIIeclIng the area shown, and Is to be usad for reference purposes only. Scott County Is not rasponslble for any Inaccuracies heraln contained. If dlscrapancles ara found, please contact tha Scott County Surveyors 0Inc:e. Last Sale Value: Deeded Acreage: 38.4 GIS Acreage: 37.90282 Zoning Classification: Legal Description: Sect-11 Twp-114 Range-022 38.40 AC PIO NW114 SE114 LYING SW OF CL TWP RD & LYING N OF S 1193.70'& LYING WOF E 132' Plat Name: Block: Lot: Septic Type: Date Installed: Tank 1 Capacity: Tank 2 Capacity: Pump Tank Capacity: Date of Last Pump: Unique Well & Boring No.: Well Depth Drilled: Well Date Drilled: Map Scale 1 inch = 423 feet Map Date 8/28/2008 W+E S f~ lmll fI'lIIl) . "-,,"F.",.~ ..C.. .-:~~:,,-,...,.,.~ ~... , \ ,.........oj: FilE COpy October 28, 1999 Kathy Bongard Scott County Planning Department . 200 West 4th Avenue Shakopee, MN 55379 RE: Certificate of Compliance Dear Kathy: Enclosed is a signed copy of the Certificate of Compliance for the future park located on the Busse property. Please return a copy to me for our files. Thank you for your help in this matter. If you have any questions, please contact me at 447-9812 or Paul Hokeness at 447-9820. Sincerely, Q. ~ ~ Kansier,AICP Planning Coordinator Enclosure c: Paul Hokeness, Park and Recreation Director .J:\99filf;!l\99subjec\99:0i9\cartifi.dQc 16200 cagle creek Ave. S.c., 1-'rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CERTIFICATE OF COMPLIANCE APPLICATION . . SCOTT COUNTY PLANNJNG DEPARTMENT 428 HOLMES ST S RM A-102 . SHAKOPEE MN 55379 (612)496-8353 FAX (612)496-8496 Fee: NA Receipt #: Date Filed: 10-25-99 To~mp: Spring Lake Zoning District: A - 2 File Number: P.LD. Number: , TwP, Make checks vable to SCOTT COUNTY TREASURER Legal Description See Attached Exhibit IIA" Project Address 17600 Lone Pine Court 447-4230 Owner Address City State Zip Phone City of Prior Lake 16200 Eagle Creek Ave. SE Prior Lake MN 55372 Applicant (if different than owner) Address Same Citty State Zip Phone Description of Request To construct a public recreation area (Busse Youth Athletic Complex) in accordance with 4B-2 of the Scott County Zoning Ordinance No.3. In connection with your request for a certificate of. compliance, your signature constitutes permission for a representative of the Scott County Planning, Inspections, and Environmental Health Dep;u:tment to enter upon your property, during DOnna! business hours, for the purposes of evaluating your request. -This may involve minor excavation and soil borings. If you wish to be present during such inspection. please contact this office. Approved Denied by the Planning Department p:\planning\worddocs\misc\certcom.doc Exhibit" A" Parcel 1 : That part of the West One-half of the Southeast Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at the Northwest comer of the South 1505.50 feet (as measured at right angles) of said West One-Half o~ the Southeast Quarter, thence Easterly along the North line of said South 1505.50 feet to the West line of the East 198.00 feet of said West One-Half ofthe Southeast Quarter; thence Northerly along said West line to the centerline of a Town Road; thence Southeasterly along said centerline to the West line of the East 132.00 feet of said West One-Half of the Southeast Quarter; thence Southerly along said West line of the Easf 132.00 feet to the North line ofthe South 1193.70 feet (as measured at right angles) of said West One-Half of the Southeast Quarter; thence Westerly along said North line of the South 1193.70 feet to the West line of said West One-Half of the Southeast Quarter; thence Northerly along said West line to the point of beginning. And Parcel 2: That part of the West One-Half ofthe Southeast Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota, lying Southwesterly of the Town Road, North of the South 1505.5 feet (measured at right angles) of said West One-Half of the Southeast Quarter, and lying West of the East 198.00 feet thereof. Scott Soil and Water Conservation District 107 Water Street Jordan, MN 55352 \ i J October 21, 1999 Jay Kennedy 350 Westwood Lake Office 8441 Wayzata Blvd. Minneapolis, MN 55426 Subject: Location: Busse Property Park Section 11, Spring Lake Tovvnship, Scott County, Minnesota Dear Mr. Kennedy, The Scott Soil and Water Conservation District has been requested to review information on surface water drainage and erosion control regarding the above referenced project. The purpose of the review is to confirm that the submitted plans and calculations are in conformance to the Scott County Zoning Ordinance No. 3, Chapter 10, Articles A, Band C. We have listed our comments and recommendations regarding the project below: o The submitted plans and calculations are in conformance to the Scott County Zoning Ordinance No.3, Chapter 10, Articles A, Band C. o A wetland delineation report has been reviewed by the Scott Soil and Water Conservation District. The comments from the review have been included for your convenience. If you have any questions regarding this information or need further information please feel free to give me a call at 492-2636. Sincerely, --;:;i?~ Tim Ramerth, Engineering Technician Scott Soil and Water Conservation District cc: Marty Schmit~ Planning, Inspection and Environmental Health Office File - Oct.25. 1999 IO:03AM SCOTT SWCD No.4742 p. I SGOTI' son.. AND WATER' CONSERVATION DISTRICT 107 WATER STREET JORDAN, MN. 55352 PHONE 612-492-2636 September 7,1999 OFTlONAt.. FORM ~ (7-90) FAX TRANSMITTAL. . of pllg_ ~ I To: Marty Schmitz . Scott County Planning 10 "''1711 O'pU~n<1Y FIWl~ Phon' I II . ' FD' 49. "' ~49t, NSH 7:>10-01-317-7388 Fax , eO!i9-101 GE~EAAl. SERVICES AOMINISTRATlON From: J,>eter J. Beckius, District Manager Scott Soil and Water Conservation District Re: Review of the'Youth Athletic Complex in the City of .Prior Lake Wetland Delineation Report . The Scott Soil and Water Conservation District has completed a review of the Youth Athletic Complex Wetland Delineation Report prepared by Paul Kjolhaug, Kjolhaug . Environmental Services Company. The 40.0 acre parcel of land is located in the W 1/2, of the SE 1/4, Section 11, Township 114 N, Range 22 W (Spring Lake Township). The following comments and/or suggestions are submitted for your consideration: · We concur with the wetland delineation report. It appears that no wetland impacts will be required. If unavoidable wetland impacts are planned for this project, pern:its from State (W<<land Conservation Act and Department of Natural Resources) and Federal (Corps of Engineers) jurisdictions need to be granted before the impacts occur. . If you have any questiqns feel free to contact our office. cc: Paul Kjolhaug, Wetland Consultant John Henschel, Township Supervisor Doug Snyder, BWSR Peter Yearneau, TOwrulhip Suoervisor Greg Halling, Township BngUieer William Ler:<<:hen, Township Clerk CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Kathy Bongard Scott County Planning Department Phone: 496-8353 Fax phone: 496-8496 CC: Paul Hokeness Date: October 25, 1 999 Number of pages including cover sheet: 2 From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake MN 55372 Phone: (612) 447-9812 Fax phone: (612) 447-4245 o Please comment REMARKS: o Urgent [gI For your review 0 Reply ASAP Attached is the legal description for the former Busse property. We look fOlward to receiving a copy of the certificate of compliance. Please let me know if you have any questions. ~ 02/22/99 MON 17:21 FAX 612 452 5550 CAMPBELL IaI 004 cmCAGO TITLB INSURANCE COMPANY . Schedule A Legal Descriptio~ CoD.tiD.ued F1le Number: 1-14429 Parcell: That part of the West One-Half of the Southeast Quaner of Section 11, Township 114, Range 22, Scott County, Minnesota descnbed as follows: B~nning at the Northwest comer of the South 1505.50 feet (as measured at right angles) of said est One-Half of the Southeast Quarter; thence Easterly along the North line 01 said south 1505.50 feet to the West line of the East 198.00 feet of said West One-Half of the Southeast Quarter; thence Northerly along said West line to the centerline of a Town Road; thence Southeasterly along said centerline to the West line of the East 132.00 feet of said West One-HaH of the Southeast Quaner; thence Southerly ~ong said West line of the East 132.00 feet to the North line of the south 1193.70 feet (as measured at nght angles) of said West One-Half of the Southeast Quarter; thence Westerly along said North line of the South 1193.70 feet to the West line of said West One-Half of the Southeast Quarter; thence Nonherly along said West line to the point of beginning. And Parcel 2: That part of the West One-Half of the Southeast Quarter of Section 11, Township 114, Range 22, Scott County, Minnesota, lying Southwesterly of the Town Road, North of the South 1505.5 feet (measured at right angles) of said West One-Half ofthe Southeast Quarter, and lying West of the East 198.00 feet thereof. . Abstract. ex:. 3/9& SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISIO PLANNING DEPARTMENT GOVERNMENT CENTER AI02 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379-1220 (612) 496-8353 Fax: (612) 496-8496 rm [g @ rn 0 \Yl [g ffl'): II~\I .211Rl 11111 iU UL,___,_ . " I ---..---_.J L,__ _, _,_ 0"0_'_"',_._.. October 25, 1999 Jane Kansier, Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. Prior Lake MN 55372 RE: Busse Park Information Dear Jane: We received the letter from Paul Hokeness, dated October 21, 1999, regarding the requested information concerning access, easements, sanitary facilities, signs, Busse Park rules, and the approved Prior Lake-Spring Lake Watershed Permit. We also received a letter from the SWCD, dated October 21, 1999, indicating the stormwater runoff calculations, and erosion control plans prepared by Brauer and Associates conforms with Chapter 10 of the Scott County Zoning Ordinance No.3. The Wetland Delineation Report, prepared by Kjolhaug Environmental Services Company has been approved in the letter from Peter Beckius of the SWCD, dated September 7, 1999, indicating no appearance of wetland impacts. This is to notify you that all information submitted by the City of Prior Lake for the proposed Busse Athletic Complex meets the requirements of Scott County. The Environmental Health Office has indicated it is permissible to use portable toilets until permanent sanitary facilities are installed. Ifbuildings are constructed, and the park is still under the township jurisdiction, building permits will be necessary from the Scott County Inspections Department. The Building Official has informed me that no permit is necessary for the proposed lawn sprinking system. When you decide to erect the park sign, please contact this office for the sign permit. H:\pzbongardk\LETIERS\BuSSJl"arljuJDcOpportunity/Safety A ware Employer Enclosed is a Certificate of Compliance Application that will be kept with our files and your submitted information that has been reviewed and approved. Please sign the signature of owner area, date the document, and return to this office. We will then forward a copy to you for your files. If you have any questions, please contact this office. Sincerely, ~d11j jJ~ Kathy Bongard Planning Manager c: Scott County Board of Commissioners David Unmacht, County Administrator Spring Lake Town Board Arnie Wolf, Building Official AI Frechette, Environmental Health Manager H:\pzbongardk\LETIERS\Busse park.doc FILE COpy October 21, 1999 Kathy Bongard Scott County Planning Department 200 West 4th Avenue Shakopee, MN 55379 RE: Appl~cation for Zoning Certificate of Compliance for park on Busse property Dear Kathy, Jane Kansier gave me a list of items which the two of you had discussed concerning the development ofthe park on the Busse property. I have attached Jane's memo for your information and the following is my response to each item: Mushtown Road Access Permit I spoke to Gene Berens concerning this issue and Gene informed me that he would have the Township Engineer look at the access. We will be using the existing access which is now signed as Lone Pine Court. The concern that Gene expressed is that if the driveway is altered that we make sure that the drainage in the ditch is not disturbed. I assured him that we would do whatever is necessary to make sure that the drainage would not be affected. Cross Access Easements The property owners, Gary and Marcie Wulf and Randy and Mary Busse, have been sent copies of the plans and have no objections to the park and the cross easements. Metro Survey is preparing the legal descriptions and our law firm is preparing the easements. We should have these prepared, signed, and filed within two weeks. We will forward a copy of the easements to your office at the time of recording. Park Ordinance I have attached a copy of the revised Park Ordinance which was approved by the City Council on August 2, 1999. As you can see it addresses the issues of hours and alcohol which were a concern of the neighbors. 16200 Ia@ll!~.~OC S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Sanitary Facilities Due to the delays in getting started on this project we do not anticipate opening this park until the Spring of 200 1 and, unless we find additional funding, we do not anticipate having indoor bathrooms at that time. We would use portable toilets until the funds become available to construct a bathroom facility. With many of our other parks that use portable toilets, we build a wooden fence to screen and secure the toilets. We would provide enough portable toilets to meet the needs of all of the fields and we make a practice of servicing them frequently. Signs The only sign that we would propose would be a park identification sign which would be located near the entrance. We will design this sign according to County Ordinance. I understand that it could be no larger than 12 square feet. With this in mind, I am thinking that the sign would be 2' x 6', include the City logo, and the name of the park. When we have a design we will submit it to your office for your approval. Watershed Permit I have attached a copy of our Prior Lake-Spring Lake Watershed District permit. The only condition on the permit is the MPCA-NPDES permit and that we would submit when the contractor is selected. We have revised the plan per the changes of July 9, 1999 and if you have any questions regarding this permit please contact Craig Wills at the District office at 447-4166 If there is any other information that I can provide for you please contact me as soon as possible at 447-9821. ~' Paul Hokeness Parks and Recreation Director CITY OF PRIOR LAKE BONGARD.DOC TO: FROM: DATE: RE: CC: Paul Hokeness, Park and Recreation Director Jane Kansier, Planning Coordinator ~ October 18, 1999 County Approval for City Park Located on the Busse Property Frank Boyles, City Manager Don Rye, Planning Director I spoke with Kathy Bongard at the Scott County Planning Department today about this project. She noted the SWCD has received all ofthe information they need. They will be reviewing this information on Thursday of this week. Barring any new issues raised by the SWCD, there are only a few remaining items. These are: . Check with Spring Lake Township to be certain that an additional access permit off of Mushtown Road is not required. . File the necessary cross access easements between the City and the adjacent property owners. . Submit a copy of the park Ordinance detailing the hours of operation, the alcohol policy, and so on to the County. . Submit a statement about the sanitary facilities at the park. For example, will we be using portable toilets until we extend services? . Are there any signs proposed for this park? If so, the plans should include a location and design. The County ordinance allows 2 signs, each no greater than 12 square feet in area. This does not include traffic control or similar directional signs. . Have we received our copy of the Watershed District permit? If so, send a copy to Scott County. Hopefully, this will be the last of the information to be submitted. Please let me know in can help collect any of the necessary items. Once we have all the information, we will submit it to the Scott County Planning Department. Let me know if you have any questions. 1:\99fi1es\99subjec\99-0 19\newinfo.doc Oct.18. 1999 3:42PM PL SL WATER SHED No.2333 P.2 PRIOR LAKERSPRING LAKE WATERSHED DISTRICT 18S70 Franklin Trail S.E.. SUIte lID, Prior ~ka, MN 55372, (812) 447-4'~, ~7-4167 (fax) PERMIT APPLICATION STATUS NOTICE PROJECT NAME Busse Propert Athletic Com lex Name of Pennlnee CIt of Prior Lake Penniltee's Address 18200 Ea Ie Creek Ave.. Prior Lake. MN 55372 STATUS OF PERMIT APPL.lCATION o Ii! Approved Approved with conditions o o Tabled Denied EXPLANATION Approve pending receipt of : ,).l...R6Vised Plan per changes dated July 9. 1999. 2) Copy of MPCA NPDES permit application. F ES Filing + 2 Inspection Fees Review Fees: District staff hours em $40/hour Engineering Consultant hours G e4/hour $ $ Legal Fee Total Amount Previously Paid Total Due $ $ $ $, $~ 0.00 l Approved Permits will be issued upon receipt of all fees. You may pay the amount by cheek. bank draft, or money order made payable to the Prior Lake-Spring Lake Watershed District. If continued inspection and monitoring of the authorized activity is necessary due to noncompliance, additional fees may be charged. Minnesota Statutes 1030.345, Subd. 2(1990) states that the Managers of a watershed district may charge, in addition. 8 field Inspection fee to cover actual costs related to a field inspection, Including investigation of the area affected by the proposed activity, analysis of the proposed activity, services of a consultant, and any required subsequent monitoring of the proposed activity. Costs of monitoring an activity authorized by permit ma be charged and collected as neeesY after issuance of the permit. MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: , , CITY COUNCIL AGENDA REPORT AUGUST 2, 1999 9A BRET WOODSON, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF ORDINANCE 99-XX AMENDING THE PRIOR LAKE CITY CODE REGULATING THE USE OF PUBLIC PARKS History The purpose of this agenda item is to consider revisions to the existing Park Ordinances. The last time these Park Ordinances were amended was in November of 1997 when the City Council authorized revisions to a very outdated Park Ordinance. There have been recent concerns from residents who have brought to our attention specific issues requiring clarification. The concerns that have been expressed have centered around two issues: the Athletic Complex / Community Park being constructed on the Busse Property, and the swimming language concerning when people may swim on City park property. Current Circumstances In response to various questions and concerns raised by the neighbors of the Busse property concerning the park's development, the City has held several meetings with the property owners (see attached chronology) to try and better understand and respond to their issues and / or concerns. We advised the Busse Park neighbors that we would bring this ordinance before the Council at the same time or before we request authority to call for bids for the park. The three major issues of concern that we intend to address in the proposed Ordinance amendment include: the park hours, the restriction of alcoholic beverages in the park, and legal authority for enforcement of city ordinances for property located in the township. A copy ofthe draft ordinance and the amendments proposed tonight have been shared with the neighbors in the vicinity of Busse Park. The language regarding swimming beaches was also recently questioned by residents living by Sand Point Beach. They were looking for clarification as to when swimming is allowed at the beach. 162p'~~fsij)9~<kn.OOOOny~~~-1714 / Ph. (612) 447-4230 / Fax (612) 4~7-4245 AN EQUAL OPPORTUNITY EMPLOYER The Issues 702.400 PARK HOURS This Athletic Complex is being designed and built primarily for scheduled youth athletic events. The Ordinance you have before you indicates the hours of operation for this park to be 8:00 a.m. to 10:00 p.m. Other parks in the City open at 5 :00 a.m. We have never had organized games or practices start before 8 :00 a.m. so these times will not negatively affect park users. In addition, the 8:00 a.m. opening time will be well received by the neighbors of the park. The ordinance is written so that city employees and maintenance personnel can be at the facility prior to 8:00 a.m. to prepare for the days activities at the park. 702.1200 USE OF ALCOHOL WITHIN A PARK FACILITY Since the park on the Busse property is designated as a Youth Complex it makes sense to not allow alcohol anywhere within this facility. In addition, it is a current practice ofP.L.A.Y. that no alcohol be allowed at any P.L.A.Y. sanctioned youth activities. Prior to the ordinance changes in 1997 a park visitor could bring any kind of alcohol into any city park. The 1997 ordinance change now allows only beer in cans unless otherwise approved by a special permit. 702.600 RESTRICTED ACTIVITIES Minor revisions to this section are proposed to clarify when people are allowed to swim on park property. The language allows swimming or wading at designated beaches during hours designated by the Parks and Recreation Director. 702.1300 RESTITUTION, ENFORCEMENT AND PENALTIES A sentence has been added to this section as recommended by legal counsel which clarifies that the City Attorney is responsible for prosecution of the park ordinance regardless of where the park is located. Conclusion The above mentioned changes reflect our continued desire to make sure our ordinances are up to date and accurately reflect what the City's intentions are with regard to Park property use and behavior. The new Athletic Complex will be a great addition to the Prior Lake park system. The proposed Ordinance Amendments take into consideration the input and requests of the neighbors, along with balancing the needs ofthe park users who will be using the facility. I:\COUNCIL\AGNRPTS\99\ORD99.DOCCity ofPnor Lake ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: These changes have been reviewed by the City Attorney and are attached for City Council Review. The proposed changes are listed in legislative format. 1. Approve Ordinance 99-XX Amending The Prior Lake City Code Regulating The Use Of Public Parks as Proposed. 2. Approve Ordinance 99-XX Amending The Prior Lake City Code Regulating The Use Of Public Parks as Amended by the City Council. 3. Table this issue for a specific reason and provide direction to staff. Staff recommends Alternative #1. Motion and second to adopt the Ordinance as proposed or with Amendments as the City Council deems necessary. I:\COUNCIL\AGNRPTS\99\ORD99.DOCCity of Prior Lake CITY OF PRIOR LAKE ORDINANCE NO. 99-09 AN ORDINANCE AMENDING SUBSECTIONS 702.400, 702.600, 702.1002 702.1200 AND 702.1300 OF THE PRIOR LAKE CITY CODE. The City of Prior Lake does hereby ordain that: 1. Subsection 702.400 of the Prior Lake City Code is hereby amended to read as follows: Park Hours: With the exception of Memorial Park, Ponds Park and the park being developed on the property formerly owned by the Busses, all parks will close at 10:00 p.m. each day and shall remain closed until 5:00 a.m. on the following day. . Memorial Park and Ponds Park will close at 11:00 p.m. and shall remain closed until 5:00 a.m. on the following day. . The park being developed on the property formerly owned by the Busses will close at 10:00 p.m. and shall remain closed untilB:OO a.m. on the following day. Activities Permitted After Closing: The following activities may continue in parks before or after the parks normal closing hours: r) City-sponsored and supervised activities which, because of the nature of the activity, cannot be held during the time when the parks are open. r) Activities conducted pursuant to a Parks and Recreation Department permit issued under subsection 702. 1000. r) From November 15 to March 15, during the hours of 10:00 p.m. and 5:00 a.m., individuals may drive on designated and posted roadways within a park facility for the sole purpose of gaining access to a lake for snowmobiling or ice fishing. r) City employees, equipment or agents conducting maintenance, construction or repair work on the property or buildings. 2. Subsection 702.600(3) of the Prior Lake City Code is hereby amended to read as follows: Swimming. It shall be unlawful for any park visitor to wade or swim within a park except at beaches designated for that purpose, and then only during such hours as may be designated by the Director of Parks and Recreation, take bottles or glass of any kind, except eyeglasses into a designated beach area, and/or use air mattresses, inner tubes or other inflatable devices. 3. Subsection 702.1002 of the Prior Lake City Code is hereby amended in part as follows: r) To be in or use a park during closed hours. 4. Subsection 702.1200 of the Prior Lake City Code is hereby amended to add as item (6) the following: (6) The park being developed on the property formerly owned by the Busses shall be alcohol free including intoxicating and non-intoxicating liquors in any form or container. 16200 Eagle Creek Ave. S.E.. Prior Luke. Minnesota 553721714 / Ph. (()12) 447,-4230 / Fax (612) 447-424!:'1 AN FQl IAI OPPORTIINITY FMPI.OYIR 5. Subsection 702.1300 shall be amended to add as the last paragraph, the following: The City Attorney is responsible for the prosecution of violations of this Section. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 2nd day of August, 1999. ATTEST: w Ul~ /ill?' vt1 C~--L-- Wesley M. ader, Mayor H:\CODE\PARKORD.DOC BUSSE PROPERTY CHRONOLOGY OF MEETINGS APRIL 2, 1999 APRIL 12, 1999 MAY 5,1999 MAY 10, 1999 MAY 29,1999 JUNE 2, 1999 JUNE 7,1999 JUNE 10, 1999 JULY 7, 1999 JULY 14, 1999 Document 1 LETTER WAS SENT TO 65 RESIDENTS INVITING THEM TO PARKS ADVISORY COMMITTEE MEETING PARKS ADVISORY COMMITTEE MEETING DISCUSSING THE DEVELOPMENT OF THE BUSSE PROPERTY MEETING AT JOE ADAMS HOUSE WITH NEIGHBORS AND CONSULTANTS PARKS ADVISORY COMMITTEE MEETING-NEIGHBORS AND CONSULTANTS PRESENT P ARKS ADVISORY COMMITTEE MEMBER SCHUTZ MET WITH NEIGHBORS AT JOE ADAM'S HOUSE SPECIAL P ARKS ADVISORY COMMITTEE MEETING SPECIFIC TO BUSSE PROPERTY DEVELOPMENT NEIGHBORS SPOKE DURING CITY COUNCIL OPEN FORUM PRESENTATION TO SPRING LAKE TOWNSHIP BOARD MEETING WITH NEIGHBORHOOD COMMITTEE MEETING WITH NEIGHBORHOOD COMMITTEE 02/15/99 10:48 '8612 234 6237 CAMPBELL KNUTSON CAMPBELL KNUTSON Professional As."llciation Attmm~YI\ at" law TltulII:.ts J. Clllupb~ll IV.',:.:r N. Knvr!.," 'lhnmH.~ M. Sel)lf Elliutt H. Kl\l:ls!;h Suc::;un Leu p"CI: . (651) 452~5000 Pax (65l) 457..~5550 jlJclj. janm11c Andre;! McDowell po\;hlc;r M;jl.lh~w K. Ihulc.1* . },-,hn 1-'. Kelly M,mhew J. t=oti M;ul(u~1 il~ M. ~t..:CanuLl $'** Writer's Extension: ~32 Writer's Fax: dS2~S5S0 ., At.n Iit-,'n...-d in Wu:nn.rm MEMORANDU~ Febnlary 12, 1999 TO: Frank. Boyles, City Ma.na.ger FROM: Matt Brokl. Assistant City Attorney R.E: Enforcement of Ordirumces in Park Outside City Boundaries The issues you have raised in your memo of February 8, 1999 are, for the mo~t part, llddre$;~ed hy the current City Code. One section of the Public Ways & Property Section may need a moditication to clarify the City Attorney's role lh prosecuting non-felony ~ll:l.lultlS and . ordinance offenses within a park located outside the City' 5 boundaries where the City is the owner of the park property. The analysis contained in the Minneapolis City Attorney's Office memo or May 11, 1993 applie.s in 1l similar fMhion to the park at issut:. Prior Lake Code Section 702.1300 entilled "Restitution,' Eilforcement and Penalties" . makes it clear that "the Chief of Police shall-have the principalrespoDsibility of enforcing the provisions of this Section" reftlrritlg to the entire Public Ways and Property Section of the City Code. Ordinance violations are misdemt:anor level offenses, and thtl City Altorney is usually responsible for prosecuting violations of this level within tho City. 1 suggest the Puhlic Ways & Property Section of the City Cude, Parag"~p" 7m l':mO he cl:n,fied to dc~ignate the City Attorney as the prosecutiu. authori for P . lations To accom lish this, I ~uggest the o oWing senlence be inserted at the end of the Section: liThe City Attorney is responsible for the prosecution of violations of this Section." If you have any questions please ~all me. Suite 317 · Eag:mualc Office Cel1ter · 1.380 Corporate Cctltcr Curve · Eagan, MN 55121 ~- fa! ~ '\ '\ SUBSECTIONS: 702.100: 702.200: 702.300: 702.400: 702.500: 702.600: 702.700: 702.800: 702.900: 702.1000: 702.1100: 702.1200: 702.1300: SECTION 702 CITY PARKS ,:.". PURPOSE AUTHORITY DEFINITIONS PARK HOURS GENERAL CONDUCT WITH CITY PARKS RESTRICTED ACTIVITIES DOGS AND CATS VEHICLES SPECIAL USE PARK OPERATION AND PERMITS PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES USE OF ALCOHOL WITHIN A PARK FACILITY RESTITUTION, ENFORCEMENT AND PENALTIES :.:-:-' :-:.:-;.;.. 1:..... .f .<::.:.:;:-:::.::.;.'.;..... .':-:-:-:-:-:-~ .~:-:-~ "'::::,~'/ '::::-, .':::::::::=::::; ~;:::::~..;.<::::::;::::::' f::.....-... .;.:-:::-;>:..':-:.:-:.;,.' \:;:::/ ,.:-:.:.; ..... '" ,,:..:??~> . ;.".:.;.;.:.;.;,..:.:;;:..,;.;.:- ,/~)((/ .,:........ ::::::::::::;, ,:.:::::::1 ''; i<;;;U::;iJ"r ~.'.'- l{f\... :-:.:::::~ ~:.:.~ !..... ~....< .... 702.100: 702.200: 702.300: c:::;::::::::"::: ;':'.'::::::" PURPOSE: The residents of Prior Lake value recreation and open space and have provided for park facilities throughout the City. City parks and park facilities are intended for the use and enjoyment of all residents and park visitors. To assure all residents and park visitors are able to enjoy the City parks and facilities, it is necessary to regulate activities and conduct within the park facilities. This Section regulates the use of City park facilities to promote, protect and provide for the health, welfare, safety and comfort of residents and park visitors within the City. The regulations in this Section are also intended to protect the environment and the natural resources entrusted to our care. AUTHORITY: The City Manager shall administer the parks and recreation policies of the City. The City Manager may delegate or assign any or all of the duties and responsibilities of this Section to the Director of Parks and Recreation or other City personnel. The actions of the Director of Parks and Recreation shall have the same force and effect as if taken by the City Manager. The City Manager shall have the right to issue administrative rules and regulations governing the operation of City parks. The City Manager may declare any park facility or portion thereof closed to the public at any time and for any interval of time or for certain uses, as the City Manager shall find reasonably necessary to preserve the health, welfare and safety of a park visitor or the park facility. The City Council shall annually establish fees for the various permits required by this Section. DEFINITIONS: For the purpose of this Section, the terms defined in this subsection shall have the meanings given them in this Section. Any undefined term used in this Section shall have its usual and customary meaning: H:\CODE\BUSSEAMD.DOC Director of Parks and Recreation: The persgQ~PP9jmed by the City Manager to serve as the chief administrative officer of the City parI<~yst~'lJJj>\ \::: :::::: :;~; Domestic Animal: A dog or cat. . . . " . . Drugs: Any substance defined as a controllect:substanc~; by Chapter 152, Minnesota Statutes or other statutes of Federal laws or regyl~tions. .>:.:.> . ~'.. Intoxicating Liquor. Any liquor which is intoxidc:itih9_-~D(~'uaBt.!$!'State law and ,includes ethyl alcohol, distilled, fermented, spirituous, vinous and mg;I~:;t~~v~Hil9~,s con!ijlning in excess of three and two-tenths percent (3.2%) alcohol by weight.( pC:':} ::.-.,..:,:2:::::::~'. '" Park: Means a park, playground, swimming pool, lake, pond, stream, trail, nature area, open space area or recreation center under the control of the City. Park shall also mean any other property owned, leased, used or controlled, wholly or in part, by the City for p~rk or recreational use. Park shall include roadways and parking areas within the parks. Park Visitor. Any person, firm, partnership, association, corporation, governmental unit, company or organization of any kind within a park. ' Vehicle: Any motorized, propelled, animal-drawn or human-powered machine used to convey people, animals or property. Watercraft: Boat, canoe, raft or any other object or apparatus used to carry people, animals or property on water. Weapon: Any device from which shot or projectiles of any type can be discharged by means of an explosive, gas, compressed air or otherwise propelled, including but not limited to firearms, bows and arrows, slings and spring guns. Wildlife: All living creatures, not human, wild by nature, endowed by sensation and power or voluntary motion, including quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. H:\CODE\BUSSEAMD.DOC ~ City sponsored and supervised activities which, because of the nature of the activity, cannot be held during the time when the parks are open. ~ Activities conducted pursuant to a Parks and Recreation Department permit issued under Subsection 702.1000. ~ From November 15 to March 15, during the hours of 10:00 P.M. and 5:00 A.M., individuals may drive on designated and posted roadways within a park facility for the sole purpose of gaining access to a lake for snowmobiling or ice fishing. ~ City employees, equipment or agents conducting maintenance, construction or repair work on the property or buildings. 702.500: GENERAL CONDUCT WITHIN CITY PARKS: It shall be unlawful for any person in a park to: (1) Use threatening, abusive, insulting, obscene or indecent language or to act in an indecent, lascivious or improper manner, commit any nuisance, appear nude or semi-nude, or to do any act which constitutes a breach of the public peace. (2) Disturb, harass or interfere with any park visitor or park visitor's property. (3) Deposit, scatter, drop or abandon any bottle, can, broken glass, cigarette butts, sewage, waste or other material, except in receptacles provided for such purpose. (4) Enter a park with glass beverage bottles or glass beverage containers. (5) Gamble or participate in any game of change unless it is part of an organized Parks and Recreation Department event. H:\CODE\BUSSEAMD.DOC 702.600: (6) Drop, throw or otherwise leave unattended li9b~~~h1'9tches, burning cigars, cigarettes, tobacco, paper or other combustible materials. {::.:::i:,..;: ~:-:; ;.,.... .~:::: ;' '<,:.>>:-:.~ Sell, solicit or carry on any business or commerciaJ:'~'nterPri~e or service in a park' without first obtaining a permit from the Department of Par~s and R~9reation. (7) (8) ..... ...- Use any loudspeaker or other amplifying syst~tn or deXi$e .'t'ithout a permit from the Department of Parks and Recreation. ......... ~;. :.:.... ,:>:-:-'. :.:-:.;.;.:-:.;.:-:-:.....:.;-:/ ." (9) Play the game of golf, engage in putting, practice s~i'~gi~g, or:t~~~tri~i99.pf any"S?lf balls or other objects in any park. t> ,nnnn..::. ." .:~.... .-:.::::;:;:;::;- ~:::::::::~" (10) .:;:::>>}:~::::; _.}q:~:~:~: :::;::\' ..~ Remove any animal, living or dead from a park. Any animal rembveg:Jr~IT1 a R?fk OC1g~~n contrary to the provisions of this Section or State Statutes shall be c6ns@.~r~g..:contr~p~bd . and subject to seizure and confiscation.;; ':;>i ..dY'/ ;.:-:-:.;.:.:-:-:, ....:.:.:.;.:-; Jo."t':V1W ..... ;':':-:'j RESTRICTED ACTIVITIES. !f/t... ,~.;d < r-~~ \/::::::::}j' (1) Camping. It shall be unlawful for any park visitor to camp in a park except with written permission of the Director of Parks and Recreation. (2) Horseback Riding. It shall be unlawful to ride a horse or other animal within any park unless in possession of a permit issued by the Director of Parks and Recreation, or as part of an organized community event. ~ Take bottles or glass of any kind, except eyeglasses into a designated beach area. ~ Use air mattresses, inner tubes or other inflatable devices. (4) Aircraft. Hot Air Balloons and Parachutes. No park visitor shall use any land or body of water within a park for a starting or landing field for aircraft, hot air balloons or parachutes, without first obtaining a permit from the Department of Parks and Recreation. (5) Boating. It shall be unlawful for any park visitor to: ~ Launch or land any boat, yacht, canoe, raft or other watercraft upon any water, lagoon, lake, pond or wetland within a park except at locations and times designated for that purpose. ~ Operate any watercraft in a designated swimming area or other prohibited area. ~ Operate any watercraft in a park in violation of Minnesota Statutes, Chapter 361 "Waters and Watercraft Safety". H:\CODE\BUSSEAMD.DOC (6) Fishing. It shall be unlawful for any park visitort():< .. ....'.. ...... \. . /,.;......-:.............., ~ Fish in a park in violation of any provision of Mlnn~~qta Statutes, Chapter 1{)1. ~ Fish in a designated swimming area. .........H ~ Leave any structure or shelter designed f6.f ice fishing in any park for more than forty-eight (48) hours. (7) n_, ... . . , . . . , ......- .','-", ,.... .. .... ,.. Bicycling. It shall be unlawful for any park vi~itC>r!9.:qp~rat~\e.,bicycle except on park designated bikeways and roadways, and except asCl6seto tQ~tjQht-hand side th,~reof as conditions will permit. ,'// /:<::\ ,;.' ~-:.:- (8) Meetings, Speeches. Demonstrations and Parades. It sha\I\p.~6~;~iul f9'b,~ny pc,l[k visitor to conduct public meetings, assemblies, entertainments, para~~$.:Qf demPhstrntiQns within a park without first obtaining a written permit from the Difeq~Qrl.:Pr Pcff~:.:'~pd . Recreation, and then only in the area designated in the permit.:,;;:>')}, /if"'?" l1 ]j;:~~~~~~:~it~_~~~):~1~~jjif DOGS AND CATS: It shall be unlawful for any park visitor to bring a dog' or;~t.'[jnl9. a park, with the exception of seeing-eye dogs and police dogs, unless: ......., \:=\;> ~..."..; .......- ~>:-:.~ .-..:-:." 702.700: (1) The dog or cat is properly licensed. (2) The dog or cat shall be restrained at all times. The pet owner is liable for any action taken or damage caused by the dog or cat. (3) All dogs or cats shall be restrained at all times on adequate leashes not longer than six (6) feet. (4) Park visitors who bring dogs or cats into a park must have in their possession tools or equipment suitable for the removal of animal fecal material and shall promptly and effectively remove from the ground or surface of any park and any park facilities all fecal material deposited by a dog or cat under their control and care. Park visitors removing animal wastes from park surfaces shall dispose of its in a sanitary manner, which may include depositing it in any designated waste receptacle located in the public park. (5) Park visitors bringing a dog or cat into a park shall not permit the animal to disturb, harass or interfere with any park visitor or any park visitor's property, or wildlife. (6) No dog or cat shall be permitted on beach area, nature center area, park building, skating rink, or any athletic fields located in: Memorial Park, Ponds Park, Lakefront Park, or any other Athletic Complex in the City. 702.800: VEHICLES. City Code provisions and State law provisions relating to the operation of vehicles upon streets and highways shall apply within all parks and upon all park property. In addition, Minnesota Statues, Section 169 is hereby specifically adopted by reference except those provisions which by their nature have no application. It shall be unlawful for any park visitor to: (1) Operate any vehicle within a park except upon designated roadways and parking areas. H:\CODE\BUSSEAMD.DOC 702.900: 702.1000: 702.1001 702.1002 702.1003 (2) (3) ::::::::;:::;:;:;:;:;:::::::;:;:::::::::::::::\ Operate a vehicle in a park at a speed in exces~Qn)o~!~g:~peed limits. :~':'f '::-:-:-:';';';', -..;-;.; '<':::::::::::~. - Park or leave a vehicle standing within a park exc~pt at a';;9:~signated parking area during regular park hours. ..... .. (4) ;<::.:- ':.;.:: Operate a vehicle which emits excessive or uml~~al noise,i'h'??5ious fumes, dense smoke or other polluting matter. ......... i' ,...~. ::::;::::::::~::r)/ ~Jn}> (5) (6) Operate a vehicle in a reckless or careless manner in a park.; ,dp' .-:-:<;:) (::::::~ f "',- ...........,...-... Wash, polish, grease, change oil or repair any vehicle in a park. :',';':6\i:v~d';\ ...... ,.;.~... \~\.:;::::/~~~r/ ./:::;{' ./.:::::~. ,{t} Motorized Recreation Vehicles. It shall be unlawful for any park\Vi~hgr.:t9/ op~~?f~;}a . motorized recreation vehicle within a park except on designated road~~Y~;~nd p~rknlg areas, or to operate a snowmobile within a park other than on designated tr~ii~\)!j'ijtirn the park for snowmobile traffic. .... \{ !,::.[. " .~:::::::::::::::::/ ." ,;.;-:- .~:::::::::::;-. SPECIAL USE. No park visitor or group shall have special use of all or arty 'portion of a park unless they have first reserved the property with the Park and Recreation Department and procured a permit from the Director of Parks and Recreation. Unless a special use permit is procured and a reservation is made, use of park property will be on a first come - first serve basis. PARK OPERATION AND PERMITS. Liability. The City shall not be liable for any loss, damage or injury sustained by a park visitor. Any person using a park shall do so at their own risk. Permits Required. A permit shall be obtained from the City before participating in any of the following activities in a City park: ~ Carnivals, Community Celebrations, public meetings, assemblies, entertainments, parades or demonstrations regardless of the number. ~ Gathering of 25 or more park visitors, including picnics or political gatherings. ~ Contests and Exhibitions, including among other things those requesting. exclusive use or charging admission, regardless of the number. ~ Bringing kegs or barrels of intoxicating liquors or nonintoxicating malt liquors or wine into a park. ~ Bringing intoxicating liquor other than beer into a park. Application for Permit. The Director of Parks and Recreation or the City Manager shall issue a permit upon finding that: H:\CODE\BUSSEAMD.DOC 702.1004 702.1005 (1) The proposed activity or use of the park will b6tqijr~esonably interfere with or distract from the enjoyment of the park by other park"jisJt9t~,\ or disturb residentially zoned properties and park visitors in proximity to the park. ,,9 "< (2) That the proposed activity or use will not unreasg'd'ably inferfere with or detract from the promotion of public health, welfare, safety, comfqrf and recr~ation; provided that this does give right to exclusive use of park facilities. ........, , (3) .-...,..',.,..'...:....:-,>. ~_..,...'.........<". - ,..:-:-:-......:-:-:... That the proposed activity or use is not reasonablYarmgfpcite4tQ~ntice violence, prime or disorderly conduct.' "":>'" ;< (4) ".",-.; ..................,...--- ,',' .....-....... That the proposed activity will not entail unusual, extraordinary::~'4tq~h 9f~xpeQ~~ for ~he City. <:' \.:?q:: /f/' ,(?:;{;0' ".-: '. ";:::::/ .... ",:::::::::::::::::::=:::. (5) .". ::::::::::....,':.~:r.::::/::; ,;:::?:::::::;:;::: That the facilities desired have not been reserved for some other use aiafje{#?y aq~,~hour required in the application. i::':lii'}jii'lJ>~lli:r , Denial of Permit. Within fie (5) days after the receipt of a completed ~RP!'$atl9Df;:the Director of Parks and Recreation shall apprise an applicant in writing for t6~:'feas6ns for refusing to issue a permit, and any aggrieved park visitor shall have the righfto appeal in writing within five (5) days of mailed notice to the City Manager which then shall consider the application under the standards set forth in subsection 702.1003 above, and sustain or overrule the decision within fourteen (14) days. The decision of the City Manager shall be final. Conditions of Permit. A permittee shall be bound by all parks rules and regulations and all applicable ordinances as if the same were fully inserted in the permit. The City may impose any reasonable conditions on a permit that in its discretion will protect the health, welfare, safety, comfort and recreation in the park. The park visitor to whom a permit is issued shall be liable for any loss, damage, or injury sustained by any park visitor wherever by reason of the negligence of the park visitor(s) to whom the permit was issued. Within 24 hours after the expiration of the permit, a permittee shall remove from the park all trash, in the nature of boxes, papers, cans, garbage and other refuse, and all installations and equipment, and restore the premises to their condition prior to the permittee's use of the park. The City shall have the authority to revoke a permit upon finding a violation of any rule or ordinance, condition imposed on the permit, or upon good cause. A permit under this Section may not be transferred to any party other than the applicant. 702.1100: PROTECTION OF PROPERTY, STRUCTURES AND NATURAL RESOURCES. 702.1101 Damaging or Removing Property Prohibited. No park visitor shall willfully deface, vandalize or otherwise cause the destruction of park property. 702.1102 Flowers. Trees and Shrubs. No park visitor shall willfully and without authority cut, pluck or otherwise remove or injure any flowers, shrubs, trees or other plant material growing in H:\CODE\BUSSEAMD.DOC or around any park. No park visitor shall intrO~Ys~'~hY, form of vegetation within a park without the permission of the Director of Parks ~Hq:Re,9t~~t.~on. 702.1103 Birds or Animals. No park visitor shall willfully orwithouf.~uthority kill, trap, hunt, pursue or in any manner disturb or interfere with any sp~des of Wild life in any park. No park visitor shall release any insect, fish or animal in ~QY park or JPublic land without permission from the Director of Parks and Recreation. P, .>; 702.1200 Fires. No park visitor shall ignite a fire in any p~rk,~~~~~{ iri,'~I,~:ges provided by,Jhe City with receptacles manufactured for such purposes. The igl1ltirJ9)bf fi.r~~h,may Q~: further limited or prohibited by park rules. No park visitor igniting or atte}hdirJg?:fir.~ shaIF.t~ave the area before the fire has been completely extinguished. ';::;:!" ,"~"..p , ,.;..:;... .. ~ ~..~ .....~.._...;., .//1{ /r:):..'~t~J ...........'...:,; '....; ~.:.: '.','; }........................~ Excavations. No park visitor shall dig trenches or make other excavaHo'ge:WItryin a':p:~:mf1 . ...;::......-. ,!.;::::;?::{::~. ~':':-:';':<y- .::;\\ t{:;~ '.. ::::::::'::~ /::::::::;:1 ,.:.:.;;-:.;':-:.;,...:.:';.;..!.:.;.:.. i'/":::::::;::::}'f:::::' USE OF ALCOHOL WITHIN A PARK FACILITY: Intoxicating liquors and d'pnrKtoxibating malt: I~quor may only be consumed and displayed in a park, subject tqlt~'~: fd!.l9Win9 provIsions: \I[;1/ 702.1104 702.1105 (1) Intoxicating Liquors. No park visitor shall have in their possession or bring into a park any intoxicating liquor, except beer in cans, without first having obtained a permit from the Director of Parks and Recreation. (2) Roadways and Parking Lots. No park visitor shall display or consume intoxicating liquors or nonintoxicating malt liquor on or within thirty (30) feet of any roadway or parking lot within a park. (3) Prohibited Areas. No park visitor shall possess, display or consume intoxicating liquors or nonintoxicating malt liquor within areas the City has designated that such possession, display or consumption is prohibited. (4) Quantities. No park visitor shall bring into a park intoxicating liquors or nonintoxicating malt liquor in kegs or barrels, except as provided in this Subsection. Groups, associations or organizations desiring to bring intoxicating or nonintoxicating malt liquor into parks in kegs or barrels may do so only after obtaining a permit for such use from the Director of Parks and Recreation. The City shall grant the permit if in the judgment of the Director of Parks and recreation the use for which the permit is sought will not interfere with the health, welfare, safety and use of the park by the general public or the quiet use and enjoyment of any residentially zoned property in proximity to the park. The City shall establish minimum criteria an applicant must meet in order to obtain a permit. The City may impose restrictions and conditions on the use for which the permit is issued. The use for which the permit is granted shall only be conducted within the area designated in the permit. (5) Minnesota Statutes, Chapter 340A is hereby specifically adopted by reference except those provision which by their nature have no application. H:\CODE\BUSSEAMD.DOC - <.:-:-:-.... 702.1300 RESTITUTION, ENFORCEMENT AND PENAL TJF,pS: In cit~dition to any other penalties provided by this Section, any park visitor violat,igg the prq\!oisions of Section shall make restitution to the City for the full value of the darfi@ge causgSi, jqcluding, but not limited to, the cost of repairs, replacement and any fees th~Q!.ty..m,qy?h~k~)ncurred, including legal, in enforcing the provisions of this Section. pc:)>:/ ,',:'::';,:;' /\ :<:<';:: ::::::::::::~, A park visitor guilty of violating any provision of this sectibn P$b~i(;be gqlJty of a .,......' h::-.".-:-:; ."-:.:. .-_-.....~ misdemeanor, which is punishable by a fine of not more th~pU~~ven'l;1unqr~d doll,?[s ($700.00), or by imprisonment for a period not to exceed ninety (90) ;~~Y:~Wor ,99tti. AI,:>::::;/ \/ /\ ";:;:,>, The Chief of Police shall have the principle responsibility of enforcing th~:PfHYi~ion~jgfthis Section. In addition, designated Prior lake parks employees may, in conne9W!~bjWJ~~ their duties imposed by law, diligently enforce the provisions of this Section a.8d':ejefg\ f[9m parks, park visitors acting in violation of this Section. <j (~ '{:::::J7 .-:.;.:.:' ;.:.':-:-:.;, The Director of Parks and Recreation shall have the authority to revoke fdfgood cause any permit or reservation issued by the Director of Parks and Recreation. Nothing in this Section shall prevent employees or agents of the Prior lake parks from performing their assigned duties. No person shall impersonate any employee of the City parks nor interfere with, harass nor hinder any employee in the discharge of his duties. Nothing in this Section is intended to waive the application of State law within parks. :::::::::::ii:i:::i::i::::::::I::::::::::::::i:::::::::::::::::::::::::::m~~mq~~y::~t.t~fij~ym~~:::~~~il~i~~~:~::f~f,::~~:~:::Rf~~~~g~~~~i::~f:y~~~~~~ij~:::~'::~Ij~~:::~~~\~~~~::::I:::::::::::: (This Space Intentionally Blank For Future Amendments) H:\CODE\BUSSEAMD.DOC - - ......_.. _........:.......;;....,;........,-,. .._~.,..,~ '__, . . _." . ,..,......_' >i,,~_.;.,...,.....~ .....~,.,..,....-~._: ...~..~..:>..,',.;..;:~,.: "";""';"'< ... '''''::.--'....,....~,.;..." "". -. fiLE COPl FROM: DATE: Paul Hokeness, Park and Recreation Director Jane Kansier, Planning Coordinator ~ October 18, 1999 TO: cc: County Approval for City Park Located on the Busse Property Frank Boyles, City Manager Don Rye, Planning Director RE: I spoke with Kathy Bongard at the Scott County Planning Department today about this project. She noted the SWCD has received all of the information they need. They will be reviewing this information on Thursday of this week. Barring any new issues raised by the SWCD, there are only a few remaining items. These are: . Check with Spring Lake Township to be certain that an additional access permit off of Mushtown Road is not required. . File the necessary cross access easements between the City and the adjacent property owners. . Submit a copy of the park Ordinance detailing the hours of operation, the alcohol policy, and so on to the County. . Submit a statement about the sanitary facilities at the park. For example, will we be using portable toilets until we extend services? . Are there any signs proposed for this park? If so, the plans should include a location and design. The County ordinance allows 2 signs, each no greater than 12 square feet in area. This does not include traffic control or similar directional signs. . Have we received our copy of the Watershed District permit? If so, send a copy to Scott County. Hopefully, this will be the last of the information to be submitted. Please let me know if! can help collect any of the necessary items. Once we have all the information, we will submit it to the Scott County Planning Department. Let me know if you have any questions. 1:\99fi1es\99subjec\99-0 19\newinfo.doc . . SEP 1 3 19S5 SCOTT SOIL AND WATER CONSERVATION DISTRICT 107 WATER STREET JORDAN, MN. 55352 PHONE 612-492-2636 September 7,1999 To: Marty Schmitz Scott County Planning From: Peter J. Beckius, District Manager Scott Soil and Water Conservation District Re: Review of the Youth Athletic Complex in the City of Prior Lake Wetland Delineation Report The Scott Soil and Water Conservation District has completed a review of the Youth Athletic Complex Wetland Delineation Report prepared by Paul Kjolhaug, Kjolhaug Environmental Services Company. The 40.0 acre parcel of land is located in the W 1/2, of the SE 1/4, Section 11, Township 114 N, Range 22 W (Spring Lake Township). The following comments and/or suggestions are submitted for your consideration: . We concur with the wetland delineation report. It appears that no wetland impacts will be required. Ifunavoidable wetland impacts are planned for this project, permits from State (Wetland Conservation Act and Department of Natural Resources) and Federal (Corps of Engineers) jurisdictions need to be granted before the impacts occur. If you have any questions feel free to contact our office. cc: Paul Kjolhaug, Wetland Consultant John Henschel, Township Supervisor Doug Snyder, BWSR Peter Yeameau, Township Supervisor Greg Halling, Township Engineer William Lerschen, Township Clerk .. SEP 0 7 f999 Scott Soil and Water Conservation District 107 Water Street Jordan,MN 55352 September 3, 1999 Jay Kennedy 350 Westwood Lake Office 8441 Wayzata Blvd. Minneapolis, MN 55426 C:~\l . .___'--:.....;:...;.1 ~i ) !: "I, I: ' SEP 2 91111111 I~ 'U\11 Subject: Location: Busse Property Park Section 11, Spring Lake Township, Scott County, Minnesota Dear Mr. Kennedy, The Scott Soil and Water Conservation District has been requested to review information on surface water drainage and erosion control regarding the above referenced project. The purpose of the review is to confirm that the submitted plans and calculations are in conformance to the Scott County Zoning Ordinance No.3, Chapter 10, Articles A, Band C. We have listed our comments and recommendations regarding the project below: o The Runoff Curve Numbers (RCN) listed in the Hydro-CAD report do not document what the cover conditions and hydrologic conditions are associated with the RCN listed. A detailed break down of the runoff curve numbers needs to be supplied for review. It is strongly recommended that you forward this information for review and comment before performing additional calculations for the development. o Under the existing conditions, the subcatchment area 50 has been modeled as though it drains through a depressional area that lies in the southern most part of the watershed as outlined on the existing watershed map. The majority of this area does not drain to this depressional area. Also, a larger depressional area exists in the northern portion of the outlined subcatchment area 50. Based on the information supplied, it appears as though the basin will not overflow during a 10 year frequency storm event. If this area is drained by tile, show the location of the existing tile lines and include the location of the tile outlet. The existing conditions should be remodeled to see if the post developed conditions are below the existing conditions. These calculations should be supplied for review. o Sufficient documentation should be supplied verifying that the pond 600 is in conformance to the W. W. Walker criteria. Include a pond profile and cross section of the pond as part of the Grading, Drainage and Erosion Control Plan. o An implementation schedule should be included as part of the Grading, Drainage and Erosion Control Plan and should include the following: . 1. Proposed order of operations (i.e. sediment control features shall be installed prior to upland disturbance commencing, etc.) 2. Sediment ponds shall be installed prior to upland disturbance commencing. 3. Name and phone number of an individual responsible for maintaining the erosion and sediment control plan. 4. Sediment pond shall be cleaned out upon final stabilization of the project. o Concentrated flow areas show ditch blocks located in the channel. The maximum spacing should not exceed 150 feet. o Top soil stock pile areas need specific erosion control measures to be included on the plan. Show any construction details necessary for the Best Management Practices to be applied. o Protection at all culvert outfalls shall be included on the plans to minimize scour. A detail shall be included on the Grading and Erosion Control Plan outlining the Best Management Practice(s) (BMP's) to be used. o A wetland delineation report shall be submitted for review to the LGU and Scott Soil and Water Conservation District. All wetlands shall be located on the plan view sheet to ensure that no wetland impacts are being proposed. The normal water level (NWL) and 100 year flood elevation (HWL) shall be indicated on the plans for all existing and proposed wetlands/ponds. If you have any questions regarding this information or need further information please feel free to give me a caB at 492-2636. Sincerely, ~~ ~'K~ ."--" .. .- 1m Ramerth, Engmeenng Techmc1an Scott Soil and Water Conservation District cc: Marty Schmitz, Planning, Inspection and Environmental Health Office File SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION PLANNING DEP ART1vffiNT GOVERNMENT CENTER AI02 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379-1220 (612) 496-8353 Fax: (612) 496-8496 August 3, 1999 Jane Kansier Assistant City Planner City of Prior Lake 16200 Eagle Creek Av. S. E. Prior Lake, MN 55372 RE: Prior Lake Park Acquisition from Wm. Busse Dear Ms. Kansier: This letter is to inform you that the information submitted to the Scott County Planning Office did not include the pre and post development stormwater runoff calculation for a 10 year storm event. Also, Pete Beckius with the SWCD is requesting a wetland delineation report on the site. The Wetland Conservation Act is enforced by Spring Lake Township and Pete Beckius is the individual that the township relies on for review. Please forward information to this office. Sincerely, K4 i?CCJ~' cl Kathy Bongard Planning Manager KB/ ck An Equal Opportunity/Safety Aware Employer '''~~_.:.-:..- _", ie; ,,;;....;... '" '. ., ""~~.;~...."...,.-'........;....;..:. .;.~.~ ....~.~~......;....;._~'"'"'.."'-.C..."-_._..,,_,.,..-._..__...N....-.- -..--- .. ,,~ Hand Delivered on July 23, 1999 FILE COpy July 23, 1999 Kathy Bongard Scott County Planning Department 200 West 4th Avenue Shakopee, MN 55379 RE: Application for Zoning Certificate of Compliance for Busse Park Dear Kathy: Please accept this letter as the City of Prior Lake's application for a letter of Zoning Compliance for the development of Busse Park. As part of our application, we have included the following information: 1, Grading and erosion control pian~ ~-::t 2 Pre and post deve1opfT:ent stormwater runoff calculations for a 2, 10 and 100 year storm event. 3. Final park design including buildings and parking. While we have included the building locations on the plans, we do not intend to construct any buildings at this time. We are aware that building permits must be obtained prior to the construction of any structures. 4. Location of access into park. 5. Operation plan, including hours, lighting, access, trails, noise, allowance of alcohol, etc. 6. Size and location of all signs. 7. A copy of the approved permit from the Prior Lake/Spring Lake Watershed District. The City intends to develop Busse Park in stages. At this time, we will not be constructing any buildings or lights. Sanitary facilities will be provided in the form of portable toilets. Once we have obtained funding for buildings, we will submit applications for building permits and the proper sanitary facilities. We also understand that a conditional use permit is required if the lights exceed 25 feet in height. J:\99file.s.\99s,ubiec\99-019\parmapR.dQC Page 1 16200 cagle creeK Ave. S.c., YriorLaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ." _....,~+....,_'. >...:...-..:..,.....,_'..,..,..:.~.."';....,..~h.....I..h..".-...<...,'.-....,._....'.'..,....-;:...-........ ,",,':I>.J'..>""._,._.-:,.,_.-.......,.i-.~.( ,:". ,~_.- ....__ .-..-....... ,..r_'" '.'.'- ",,~. ~ . .# Thank you for your prompt attention to this application. We appreciate your help in this matter. If you have any questions, please contact us at 447-4230. Paul Hokeness Park and Recreation Director ~Q.~ CtJe A. Kansier, AICP Planning Coordinator c: Frank Boyles, City Manager 1:\99files\99subjec\99-019\permapp.doc SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION PLANNING DEPARTMENT GOVERNMENT CENTER AI02 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379-1220 (612) 496-8353 Fax: (612) 496-8496 June 2, 1999 ...," !'-;::i '--I '~\ n r::;) (., ;: \ I \::!J L '-, ; ,"":c' "::2__\;=..:;~. . S il ~i .... 319!1l Jane Kansier, Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. Prior Lake MN 55372 RE: Busse Park Information Dear Jane: This letter is in answer to your letter of May 19, 1999 reiterating your understanding of the permit process. All of the items listed in your letter are the same items as listed in my letter of March 31, 1999, with the exception of the design of the concession buildings and building permit process. If and when lights are planned to be erected, a CUP is required if the lights exceed 25 feet in height. You seem to have the correct procedure to follow in your letter. If you have any additional questions, please contact this office. Sincerely, ~~n~r Planning Manager C: Jim Lerschen, Clerk of Spring Lake Township An Equal Opportunity/Safety Aware Employer fiLE COpy TO: FROM: DATE: RE: CC: Frank Boyles, City Manager Paul Hokeness, Park and Recreation Director Jane Kansier, Planning Coordinator ~ May 19,1999 Busse Park Development Don Rye, Planning Director On May 19, 1999, I spoke with Kathy Bongard at the Scott County Planning Department about the process for obtaining permits for the initial development of Busse Park. I explained that we were looking at proceeding with the development of the park in stages; initially, we would not be constructing any buildings or lights. The park itself is a permitted use in the zoning district. The buildings in the park require building permits. A conditional use permit is only required if the lights exceed 25 feet in height. Without the buildings or lights, all we are requesting is a Zoning Certificate of Compliance for this use. According to Ms. Bongard, there is no specific application form for a Zoning Certificate of Compliance. We would submit our request in letter form, along with the following information: 1. Grading and erosion control plan. 2. Pre and post development stormwater runoff calculations for a 2, 10 and 100 year storm event. 3. Final park design including buildings and parking (we would note the buildings will be constructed at a later date). 4. Location of access into park. 5. Location and design of sanitary and water facilities, if any. 6. Operation plan, including hours, lighting, access, trails, noise, allowance of alcohol, etc. 7. Size and location of all signs. 8. Review and copy of approval of the Prior Lake/Spring Lake Watershed District. , Page 1 1:\99files\99subjec\99-0 19\permit.doc Once this information is submitted, it would be reviewed by the Scott County Planning Department. They will then submit a letter of approval, detailing any conditions. It should also be noted that this application is subject to State Statute Section 15.99. Since this is a zoning action, Scott County has 10 working days to notify us whether or not the application is complete. If the application is complete, Scott County has 60 days to take action. Failure to take action constitutes automatic approval. I have also sent the attached letter to Ms. Bongard to make sure I have all of the correct information. If there is any change, I will let you know. I hope this information is helpful. Please let me know if you have any questions. 1:\99files\99subjec\99-0 19\permit.doc J Page 2 -_._...;.-...;.,..~.,_...._--.........:-.......-...,;,...,,-,-,_..,.........:.. "'..,....~._-- -.- ..~- ..~.' . . ..... --.,~,,,".........',",'..........'-.,"," ........ ....,~.._.., '. ';~-"._.Y'--"--'''''''-'-'''--''' ",,' ..",,'. "'--'.~' ....._.~...., ---...', .."...'.............. -.-..-, ,,~.._.'~~'..,~....~.--.-~ - . - _.- ~ FILE COPl May 19, 1999 Kathy Bongard Scott County Planning Department 200 West 4th Avenue Shakopee, MN 55379 RE: Permit Process for Busse Park Development Dear Kathy: I am writing this letter as a follow-up to our telephone conversation today. I want to be sure that I understand the permit process correctly. As I explained, the City is looking at proceeding with the development of Busse park in stages; initially, we would not be constructing any buildings or lights. I understand the park itself is a permitted use in the zoning district. The buildings in the park require building permits. A conditional use permit is only required if the lights exceed 25 feet in height. Without the buildings or lights, all we are requesting is a Zoning Certificate of Compliance for this use. You explained there is no specific application form for a Zoning Certificate of Compliance. We would submit our request in letter form, along with the following information: 1. Grading and erosion control plan. 2. Pre and post development stormwater runoff calculations for a 2, 10 and 100 year storm event. 3. Final park design including buildings and parking (we would note the buildings will be constructed at a later date). 4. Location of access into park. 5. Location and design of sanitary and water facilities, if any. 6. Operation plan, including hours, lighting, access, trails, noise, allowance of alcohol, etc. 7. Size and location of all signs. 8. Review and copy of approval of the Prior Lake/Spring Lake Watershed District. 1:\99files\99subjec\99-019\proceslt.doc ., 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUN\T{ EMPLOYER ~ Once this information is submitted, the Scott County Planning Department will review our letter and information. You will then submit a letter of approval, detailing any conditions. I think this outlines the process we discussed. If I am missing any information or steps in the process, please let me know. We appreciate you help in this matter. If you have any questions, please contact me at 447-9812. slncerelyQ. ~ ~ Kansier, AICP U~~~n~g Coordinator c: Frank Boyles, City Manager Paul Hokeness, Park and Recreation Director 1:\99files\99subjec\99-019\proceslt.doc 1 'J 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 B.A. Mittelsteadt, P.E. Bret A. Weiss. P.E. Peter R. Willenbring, P.E. Donald W. Sterna, P.E. Ronald B. Bray, P.E. & Associates, Inc. 612-541-4800 FAX 541-1700 May 18, 1999 Mr. Paul Hokeness City of Prior Lake 16200 Eagle Creek Drive Prior Lake, MN 55372 Re: Estimate of Professional Services Fee Busse Property Park Drainage and Utilities City of Prior Lake WSB Project No. 1174.10 Dear Mr. Hokeness: This is a follow up to my recent discussion with Jeff Schoenbauer with Brauer and Associates regarding the above-referenced project. Mr. Schoenbauer indicated that you would like to consider using our firm to acquire a permit from the Prior Lake-Spring Lake Watershed District (PLSL WD) for the proposed Busse Property improvements. I am pleased to offer the following services related to obtaining the permit: 1. Attend up to two (2) meetings with the PLSL WD or Prior Lake staff during the design process to gather input. 2. Complete the PLSL WD permit application. 3. Attend up to one (1) PLSL WD board meeting to present information to the board and answer questions. 4. Prepare narratives or other information as requested by the PLSL WD. 5. Revise the stormwater ponding and conveyance system design based on PLSL WD comments. It is assumed that modifications to the bid documents will be completed by Brauer and Associates. WSB & Associates, Inc., will complete the acquisition of the Watershed District Permit on an hourly basis with an estimated cost of $3,500. Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER J F:! WPWIM I 17 ~.1 OI051899ph. wpd ) .. If you agree to the terms outlined above, please sign where indicated and return one copy to me. Please give me a call at (612) 277-5792 if you have any questions or comments regarding this letter. Once again, thank you for the opportunity to be of service to you. Sincerely, Sincerely, WSB & Associates, Inc. WSB & Associates Yr~ Jay Kennedy, P.E. Project Manager 6ut-l~ Bret A. Weiss Vice President ~~ City of Prior Lake Representative sl~)L4j Date c: Deanna Leseman, WSB & Associates JW J F:\WPW/M/ /74. /OI05/899ph. wpd ~ ~- SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISIOlffr: ~ ~ [g D'Yl @ ~I\ ' PLANNING DEPARTMENT i!\1 [l':~\ ::!. I~i GOVERNMENT CENTER AI02 II J 200 FOURTH AVENUE WEST l APR 2 I 1999 III II SHAKOPEE, MN 55379-1220 lW (612) 496-8353 Fax: (612) 496-8496 April 19, 1999 Jane Kansier, Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. Prior Lake MN 55372 RE: Busse Park Information Dear Jane: In answer to your letter of April 12th regarding creating a public road for access . into the Busse property. 1. Does this action require a subdivision plat, preliminary or final, or can it be done through an administrative process? It starts to get complex when dealing with a public road owned and, I assume, maintained by the city, but located in the township. Obviously, this hasn't happened before. No, the road or property is not required to be platted through the Subdivision Ordinance, unless the property is subdivided into smaller lot sizes than its current 38.5 acres. In discussion with the Assistant County Attorney, you would be creating a public road to township specifications no different than any other developer. This public road could allow legal access to the two properties to the south, if those properties no longer owned their existing 66 foot strips to Mushtown Road. 2. Ifwe go through the administrative procedure, will we dedicate the road by easement? The current procedure is to enter into a Developer's Agreement with the Spring Lake Town Board for the construction of the road. That agreement would specify how the road is constructed and who is responsible for maintenance. If a property is not platted, the road is usually conveyed An Equal Opportunity/Safety Aware Employer .-i -' through an easement to the township. The Town Board is the road authority and will make that decision. 3. How long would such a process take? The time schedule would depend on negotiation with the Town Board of Spring Lake and the time it takes to agree on a Developer's Agreement. If you have any additional questions, please contact this office. Sincerely ::1!~ Planning Manager C: Jim Lerschen, Clerk of Spring Lake Township FilE COPl April 12, 1999 Kathy Bongard Scott County Planning Department 200 West 4th Avenue Shakopee, MN 55379 RE: Subdivision Process Dear Kathy: As you may recall, when Paul Hokeness and I met with you on Friday, March 12, 1999, we discussed the possibility of creating a public road for access to the Busse property and the properties to the south. Before we go any further, we would like some clarification as to the proper procedure. Our questions are: 1. Does this action require a subdivision plat, preliminary and final, or can it be done through an administrative process? 2. If we go through the administrative procedure, will we dedicate the road by easement? 3. How long would such a process take? Please review these questions, and any others that may be relevant. We would appreciate any information and application forms you can provide. Thank you for your help in this matter. If you have any questions, please contact me at 447-9812 or Paul Hokeness at 447-9820. Sincerely, 0.. -kl) J.\ ^ :" . J ne A. Kansier, ~I~' ~ lanning Coordinator c: Paul Hokeness, Park and Recreation Director ..1:\99fil~\99~biec\99-..D19\bOflgard.dos; 16200 cagle creeK Ave. ::;.1::., Ynor LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION PLANNING DEPARTMENT GOVERNMENT CENTER AI02 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379-1220 (612) 496-8353 Fax: (612) 496-8496 March 31, 1999 1t rn <s rn 0 \\/7 [g ~l APR-5~ . \ ~ Jane Kansier, Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. Prior Lake MN 55372 RE: Busse Park Information Dear Jane: This letter is to reiterate some of the conversation you and I had, along with Paul Hokeness, on March 12, 1999 regarding the city's purchase of the Busse property in Spring Lake Township for park purposes. I have discussed the matter with staff and no additional concerns came up other than those we talked out. Your submission for our review would include: Grading, and erosion control plan Pre and post development stormwater runoff calculations for a 2,10, and 100 year storm event Final park design, including buildings and parking Location of the public road into the park, which would provide the required publicly maintained road frontage for the two properties to the south. Location and design of the concession building Location and design of the sanitary facilities; sewage treatment system or municipal system Operations plan; hours, lighting, access, trails, noise, allowance of alcohol, etc. Size and location of all signs Review and copy of approval of the PL-SL Watershed District Submission of the building construction plans to the County Inspections Department when appropriate. The permit timeframe is usually one week to 10 days. The permit is initiated in the Township with Jim Lerschen, Clerk, at 447-7030. An Equal Opportunity/Safety Aware Employer In discussing these plans with the Spring Lake Town Board, they would appreciate a presentation at a Spring Lake Township meeting. They meet the second Thursday of each month. Please call Jim Lerschen at the above phone number at least two weeks in advance to be scheduled. If you need any additional information, please contact the office at 496-8353. Sincerely, ~i!r Planning Manager Cc: Jim Lerschen, Clerk of Spring Lake Township