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Home My WebLink About87-02-C.U.P.C CU87 -02 C W 87 -04 _ ... OUTLOT A ISLAND VIEN STM AD. OLMM A Al AC Mt. � mPDITi@W. USE MDIPICATION mill ISLAND VIEW 5TH ADDITION C13MON LAKE ACCESS AREA. The proposal is to allow a common Lake Access on Outlot A, of the plat of Island View 5th Addition. This will be accomplished with the formation of a Home Owner's Association similar to the enclosed copy of the Island View Ist Addition Hone Owner's Association documents. PURPOSE: The purpose of the Association would be to control, maintian, operate and police a common lake access and picnic area with a boat launching and dock access. OWNERSHIP: The Association would own Outlot A in Fee Title and would issue stock to members. MEMBERSHIP: Membership in the Association would be limited to those owners of lots in Island View 5th Addition that chose to become members. REQUEST: The request is for a Conditional Use Permit to establish a common access area an Outlot AI of the .r'at of Island View Sth Addition. The permit as submitted is a request for 20 boat slips as indicated on the attached Exhibits. It is intended that the area would be used as a recreation and picnic area along with boat launching and retreeial. SUMMARY: When the plat was originally presented to staff, Mr. Grazer, the City Planner requested that the Outlot be made larger to accomodate the proposed use. This was done with the rearrangement of Lots 1, 2 and 3, in Block 1 of the plat. At the time of the Public Hearing, Mr. Grazer indicated that he was satisfied with the configuration of the proposed Outlot, and that he wanted the application for conditional use as a method of regulating the use. The Prior Lake Planning Commission at a public hearing on February 5, 1987 approved the request for conditional use as a part of the Preliminary Plat approved. An application for a dock permit was submitted to the City Parks Director on April 9, 1987. The permit application is presently under review by the Water Safety patrol and staff. At the time of Preliminary Plat aprroval, the City Council requested additional exhibits and information on the Conditional Use request. This report is in response to that request. EXHIBIT OV SITE PLAN 8 T D LNWT MEM l: ALAMAC INC. 6B03 6QON ST NE mm LA6E. W. 5338 I Iuu v ruY Yw.rTdd Valley Engineering Co., Inc. wn M -C. MAr66Yl TNAtl. (XIMM rdmomw3m KBTO MMdrt MIL 9.E. "106 I E, MIIYWW TA 06371 TELEP E 1621" -l6N 1!2)"1 -3"I s "rr Prr1 � Y4ti M�rPIY� w Aw3r I. i6�It r r 66rw P 4 F �3 a` Valley Engineering Co., Inc. nxtE �Y IL *61 M M X TIW� SE E mlEn1Y>+aEl Me)E FlIMIIRJN WU S. nu P IYIE, 1MI -W EEE9Y TEIFMINE (Ea)M -YEA 16a1M -SYei ,q op pF o wle w � �. nor it i� A \ Q Iq +P ISLAND VIEW 1ST ADDITION HOMEOWNERS ASSOCIATION, 24r— Robert IL Whittemore - President David A. Retzlaff - Vice President Steven K. Vanden Newel - Secretary -Tressu er July 16, 1984 Dear Island View let Addition Property Owners: This letter is to inform you that the "Island View let Addition Homeowners Association" has been formed and the common property has been officially transferred from Mr. and Mrs. William Fisher and Almac, Inc. to the Board of Directors and members of this Association. The following individuals have been appointed to the Board of Directors by Mr. McWilliams for a period effective until January, 1986. President Robert B. Whitemore 15687 Skyline Avenue N.W. Prior Lake, MN 55372 447 -8297 Vice President David A. Retzlaff 15596 Skyline Avenue N.W. Prior Lake, MN 55372 447 -4298 Secretary- Treasurer Steven K. Vanden Heuvel 15724 Skyline Avenue N.W. Prior Lake, MN 55372 447 -2797 Enclosed please find the Rules and Regulations, Articles of Incorporation and By -Laws of the Island View let Addition Homeowners Association, Inc. These documents are self - explanatory and should be read thoroughly prior to your decision regarding this Association. Membership into this Association is not mandatory for property owners within the Island View let Addition. However, property owners that choose not to join this Association, obviously will rot be permitted the usage of either outlot and/or its amenities. Even though this Association is organizing In the middle of its fiscal year, all monies are required to be paid in full for 1984 within 30 days of this letter. Island View lot Addition Property Owners July 16, 1984 Page Two Membership In this Association entitles the property owner the privilege of using both the east and west outlots in this development. Boat dockage rentals and dock usage fees (non-boat owner members for fishing privileges), are separate amenities of this Associatlom The docking system is supported solely from revenues generated from dock rentals and dock usage fees and not from annual assessments of this Association. Please return the enclosed application with full payment to Steve Vanden Heuvel, 15724 Skyline Avenue N.W., Prior lake, Minnesota 55372 within 30 days of this letter. however, If you should have any questions or comments, plasm feel free to contact any one of your Board of Directors. Your cooperation Is appreciated. Sincerely, Robert B. Whitemore David A. Retzleff Steven K. Vanden Heuvel President Vice President Secretary- Treasurer Enclosure -19b4- PLEASE READ THE FOLLOWIMI CAREFULLT AND MARE SORB ALL MBERS OF LOUR FAMILY ARE AWARE OF TBESB RULES. THERE HAVE BEEN SOME CBAhXIES. 1. All children under 10 years of ago, whether they can Bair or rot must be accompanied by an adult. Children over 10, if they can swim, should be governed by parents discretion. 2. Guests an the beach or boat dock most be accompanied by a member. Too are responsible for the actions of your guests. 3. No IIA*rine - your garbage is your responsibility. 4. No dop allowed. 5. No swimming or skiing from the boat dock. 6. Swimming is allowed in roped area only. 7. An unsupervised children on the dock] Adult supervision must be from the dock: Children are defined as under 16 years of ago. (14 years of ago with a boat operators license). 8. Amp unauthorised use of s boat owner's equipment is a major rule infraction and will be handled accordingly. 4. Amp boat or came left beached and unattended over 48 lours is subject to a docking fee. 10. All dock slips will be assigned. You and/or your guests are authorised to uw only the slip for ihich yon bus paid. 11. There is a limit of two (2) picnic tables per member group. 12. Dun to united parking spaces only ens (1) spot per member is allowed regardless of the group also. Trailers =at be parked across the street in the vacant lot. 13. Do not leave any vehicles or trailers parked in the launching picnic or beach areas. 14. Ho person under the ago of eighteen (18) will be allowed to start or maintain a bonfire on the Oakland Beach Association property except under constant supervision of his/her parents. 150 No motorised vehicles specifically three-whaelers, motorbikes, ®pads or antorcyeias, oq be ridden on the Association property Inside the fenced arm. 16. If any Association member sew a violation of the above rules or asp general misconduct, IT IS TOOK RisFODSIk nfir to tell the individuals to stop. If they do not respond aid continue to violate the rules, please inform a beard msaler. THEY WILL BE W.4Rh@D ONCE- A" FMRER REPORT OF THE FROMEN BEHAVIOR TO A =SER OF TR5 MARD WILL RESULT IN TIE LOSS OF SUCH PRIV J8= FOR A PERIOD TO N SPECIFIBD Br THE BOARD. ARTICLES OP INCORPORATION OF ISLAND VIEW 1ST ADW N SONEOWERS ASSOCIATION INCORPORATED Me, the undersigned, being of full age, for the purpose of forming a corporation under Chapter 302A of Minnesota Statutes as emended, known as the Minnesota Business Corporation Act and in compliance with the requirements thereof, do hereby voluntarily _ associate ourselves as a body corporate and adopt these Articles of Incorporation. ARTICLE I NAlH+. rue name of the corporation shall be Island View let Add'n Homeowners Association Incorporated, (hereinafter referred to as 'Association*). ARTICLE II The Registered Office of the corporation shall be 1894 Selby, St. Paul, Minnesota 55104. ARTICLE III PURPOSES The purposes of the Association are to own, manage, maintain and preserve certain property adjacent to Prior Lake, Scott County, Minnesota and to own, rent, manage, maintain and preserve personal property including recreational equipment, docks and mooring facilities, and ancillary equipment and facilities, and to own, acquire, and rent equipment and supplies necessary, incidental or desirable for the foregoing purposes, all for the primary benefit of members of the Association. The Association shall have the authority to enter into such contracts, leases or agreements for any legal purpose including the purchase of its own stock as it deems desirable. ARTICLE IV DURATION The duration of the Association shall be perpetual. ARTICLE V STATED CAPITAL The amount of stated capital with which this corporation shall begin business is $1,000.00. ARTICLE VI The total authorized comber of shares of stock shall be 1000 having a par value of $1.00. ARTICLE VII CLASS OF STOCK The stock of the Association shall consist of capital stock of one class only, and the class of stock shall be voting stock. ARTICLE VIII MBe MS — BIF Only persons or entitles who are record owners or contract purchasers of a fee or undivided fee interest in any lot as herein designated or as hereinafter permitted under the By -Laws shall be entitled to apply for membership in the Association. The following lots are hereby designated: Lots Block (a) Island View lot Add•n 1 -19 1 1 -20 2 7 -19 3 1 -5 4 1 -6 5 (b) Replat of Lots 1, 2, 3, 4, 5, and 6, Block 3 Island View let Add'n 1 -4 1 1 -2 2 Membership shall not be Appurtenant to any parcel or fee interest in any lot. Membership shall be determined in accordance with the By -Laws, and members shall have such rights, obligations, and benefits as may be determined in accordance with the By -Laws. Members of the Association shall be shareholders. ARTICLE IX BOARD OF DIRECTORS The management and affairs of this Association shall be managed by a Board of at least three (3) but not more than five (5) Directors. The number of Directors may be changed by amendment of the By -Laws of the Association- 3 The terns of office of the first Board of Directors shall be until the Annual Hooting in January, 1986. Successive Board of Directors shall serve one (1) year terns and shall be elected at Annual Meetings of Shareholders. The names, addresses of the first Directors are as follows: NAME ADDRESS Steven Rent Vanden Reuvel 15724 Skyline Avenue Nw Prior Lake, Minnesota 55372 David Allen Retmlaff 15596 Skyline Avenue NW Prior Lake, Minnesota 55372 Robert B. Whitemore iS587 Skyline Avenue NN Prior Lake, Minnesota 55372 ARTICLE E AMENDNENTS - .. INDEMNIFICATION OF DIRECTORS AND OFFICERS Each present or future officer or director, whether or not then in office, and the executors, administrators or other legal representatives of any such director or officer shall be fully indemnified by the Association in the manner and to the extent provided by Minnesota Statutes, Chapter 302A521, or any amendments thereto. ARTICLE RI RIGET TO PLACE MORTGAGES The Association shall not have the authority to place a mortgage on any real property. The Association shall have the right to place a mortgage on any personal property owned by the 4 Association with the approval of four- fifths (4/5) of then members of the Association. ARTICLL YII AMENDMEN Amendments of these Articles shall be made in accordance with the By -Laws and shall require the assent of four - fifths (4/5) of the stock entitled to vote, except that with respect to deleting any lot, amendment aball require 1004 assent of all members for such deletion. ARTICLE SIII INCOSYORI►TOR6 The names and post office addresses of the incorporators are. NAPO _ ADDRESS Charles O'Connell 1894 Selby Avenue St. Paul, Minnesota 55104 IN WITNESS WHEREOF, we have executed these Articles of Incorporation this day of , 1985. Steven Sent an en Reuve David Allen Bets a Robert R. Whitemore 5 S?ATB or HINNBSOTA ) as COUNTY OF ) On this day of , 1955, before me a Notary Public within and for said County, personally appeared Steven pent Vanden Heuvel, David Allen Sctslaff and Robert B. Nhitemore, to me known to be the persons described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free act and deed. Notary Public U BY-LAWS OF ISLAND VIEW 1ST ADD'N HOMEOWNERS ASSOCIATION INCORPORATED ARTICLE I NAME AND LOCATION The name of the Corporation is Island View let Add'n Homeowners Association Incorporated hereinafter referred to as • Association•. ARTICLE II DEFINITIONS Section I. • Association • shall mean and refer to Island View lot Add'n Homeowners Association. Section 2. - Properties" shall mean and refer to that certain real property described as: Lots Block a) Island View lot Add'n 1 -19 1 1 -20 2 7 -19 3 1 -5 4 1 -6 5 b) Replat of Lots 1, 2, 3, 4, 5, and 6, Block 3 Island View lot Add'n 1 -4 1 1 -2 2 Section 3. • Common Area shall mean and refer to all real Property acquired by the Association for the common use and enjoyment of the members. Section 4. 'Lot" shall mean and refer to any lot shown upon any recorded plat of survey of the Properties with the exception of common area or public area. Section 5. " Owner " shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. " Registered Office shall mean the office of the Association located at 1894 Selby Avenue, St. Paul, Minnesota 55104, and such other office as the Hoard of Directors may from time to time determine. Section 7. " Member s shall mean and refer to those persons who are shareholders of stock in the Association, and in accordance with the Articles are thereby members of the Association. Members not current with respect to assessments or dues are subject to forfeiture of membership in accordance with the Sy -Laws. ARTICLE III MEETING OF MEMBERS Section 1. Annual Meeting The first Annual Meeting of the members shall be held on the second Thursday of January, 2.986 at 8:00 o'clock p.m. Each subsequent regular annual meeting of members and election of Directors shall be held at 8:00 o'clock p.m, on the second Thursday of January. If the day for the 2 annual meeting of the members is a legal holiday the meeting will be held on the first day following which is not a legal holiday. Section 2. Special Meetings Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one -third (103) of all the votes and shall be held at 6:00 o'clock p.m. Section 3. Notice of Meetings Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by delivering written notice either personally or by mail at least 10 days before such meeting to each voting member entitled to vote thereat, at the address last appearing on the books of the Association for the purpose of notice. Such notice shall specify place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting. Section 4. Quor . The presence at the meeting of a majority of members entitled to vote, or of proxies to vote, shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, or these Hy -Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. 3 Section 5. Proxies At all meetings of Association shareholders, each shareholder member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every pr.axy shall be revocable. ARTICLE IV BOARD OF DIRECTORS - SELECTIONS - TERM OF OFFICE Section 1. Number The affairs of this Association shall be managed by a Board of At least three (3) but not more than five (5) Directors, who must be members of the Association. Section Z. Removal Any Director may be removed from the Board, with or without cause, by a seventy -five percent (75 %) vote of the members of the Association entitled to vote. In the event of death, resignation or removal of a Director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 3. Compensation No Director shall receive compensation for any service be may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 4. Action Taken Without a Meeting The Directors Shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. ARTICLE V NOMINATION AND ELECTION OP DIRECTORS Section 1. Nomination Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nomination® may also be made from the floor at the annual meeting. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number Of vacancies that are to be filled. Such nominations may be made only from among members. Section 2. Election Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to any vacancy, as many votes as they are entitled to exercise. The person receiving the largest number of votes shall be elected. ARTICLE VI MEETING OF DIRECTORS Section 1. Regular Meetings Regular meetings of the 8uard of Directors shall be held when called by the President of the Association or by any two Directors, after not less than three (3) days notice to each Director. - 5 Section 2. drum. A Majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a Majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE 4II POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers The Board of Directors shall have power to: a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the Personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof; b) Suspend the voting rights and right to use of the recreational facilities of a member during any period in which such members shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days for infiraction of published Rules and regulations; c) Exercise for the Association all powers, duties and authorities vested in or delegated to this Association and not reserved to the membership by other provisions of these By -Laws, or the Articles of Incorporation; 6 d) To do all lawful acts necessary and expedient to the conduct of the business of this Association that are not conferred upon the shareholders by these By -Laws, or by the Articles of Incorporation, or by Statute; e) Employ a manager, an independent contractor, or such other employees or firms as they deem necessary, and to prescribe their duties. Section 2. Duties It shell be the duty of the Board of Directors to: a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one -third (1/3) of the members who are entitled to vote; b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; C) With respect to assessments to: 1) Fix the amount of the annual assessment against each member at least thirty (30) days in advance of each assessment period; and 2) Send written notice of each assessment to every member subject thereto at least thirty (30) days in advance of each annual asseasment period; and 7 d) Issue, or to cause to be issued, upon demand by ary person a certificate setting forth whether or not any assessment has been pai--. A reasonable charge may be made by --be Hoard for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; e) Procure and maintain adequate liability insurance ac property owned by the Association; f) Cause all officers or employees having fiscal tis+nsib to be bonded, as it may deemm appropriate; g) Cause the common areas, and amenities to be maintained; h) Charge, in its discretion, reasonable fees for the use of any facility situated upon the common area, including but not limited to docking fees and recreation fees. Section 3. issuance of Shares The Board of Directors are authorized and directed to issue shares of the Corporation only as hereinafter se: forth: a) The shares of stock of this Corporation will be evidenced by certificates of common stock, and the number of shares authorized to be issued shall be 1,000. b) Each owner of a lot described in Article II, Section 2 shall have the right, but shall not be required to purchase one (1) share of common stock of a the Association. Owners to two (2) or more lots may, but shall not be required to, purchase two or more shares. c) The initial price of each share of &tock shall be $25.00 for a period of 30 days from the date when all lot owners have been notified of the formation of the Association by letter or posted notice at a location determined by the Board of Directors. The annual as..esament for 1985 shall be $75.00; the minimum annual assessment shall be $50.00; d) Following the 30 day period specified in Paragraph 3 (c), the price of each share of stock shall be $100.00; a) no share of stock shall at any time be allowed to be sold except by or to the Association. Section •. Transfer of Shares The stock of this Corporation is nontransferable. if any shareholder herein shall sell his lot or dwelling, such share of stock shall revert back to and become the property of the Corporation as treasury stock, held by such Corporation for resale to the successor purchaser of that particular lot or dwelling. The Corporation shall not be obligated to peV the previous owner of said reverted certificate of stock any purchase price since sale of his lot or dwelling by an owner extinguishes his right of membership. 9 ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offi ces. The officers of the Association shall be a president and vice- president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time be by resolution created. Section 2. Election of Off icers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section /. Srecial Aaoointments The Board may elect such other officers as the affairs of the Association may require, each of who shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time determine. Section 5. Resignation and Removal Any officer may be removed from office with or without cause by the Board. Any Officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of notice or at a later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 20 Section 6. Vacancies A vaccancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices The offices of secretary and treasurer any be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section i of this Article. Section 8. Duties She duties of the officers are as I follows: a) President She president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases mortgages and deeds. b) Vic.t- President She vice - president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties that may be required of him by the Board. c) Secretary The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal if any, of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current 12 records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Hoard. d) Treasurer The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks of the Association; keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be represented to the membership at its regular annual meeting, and deliver a copy of each to the members. Section g. Bone of the officers of the Association shall sign any notes or bonds for others without first securing the r written consent of other officers of this Association, or pursuant to corporate resolution. ARTICLE Ix COMMITTEES The Board of Directors shall appoint a Nominating Committee as provided in these By -Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purposes. The Board of Directors may appoint an executive Committee consisting of at least two members of the 12 Board of Directors to act on behalf of the Board of Directors when and /or if required. ARTICLE X BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours and subject to reasonable notice, be subject to inspection by any member. The Articles Of Incorporation and the By -Laws of the Association shall be available for inspection by any member at the principal t Office of the Association, where copies may be purchased at I reasonable cost. ARTICLE XI SBARE CERTIFICATES The share certificates of the Association shall be in a form approved by the Directors in accordance with the statute and shall be registered on the books of the Association as they are issued - they shall exhibit the holder'a name, number of shares and shall be signed by the President or Vice - President and the Secretary. ARTICLE XII ASSESSMENTS Each member is obligated to pay to the Association annual and special assessments. Annual assessments shall be determined 13 by the Board of Directors, and shall be posted as of Yebruflry '�1Stt: of each Near. Annual assessmen shall be due and payable as Of Karch 15t.h. Annual assessmen unpaid by members on April 15th, shall be delinquent and the membership of the member in the 'Association shall aut®atically t er'miaate, and his share of stock shall be automatically cancelled. An owner whose membership has :been cancelled may apply again for membership under the same rules as for other applicants. Special assessments which are not paid when due shall became 'delinquent, and result in cancellation of membership as in the case of annual assessments if unpaid within 60 days after Posting. Before assessment, special assessments shall b recommended by the Board to the membership authorised to vote, and upon approval by a majority of such membership, shall then be No Association member may waive or otherwise escape liability for the assessments provided for herein by non -use of the Common Area. Assessments are not pro -rata with respect to periods of use [but must be paid in full. F Each new member shall pay the assessments due at the t Je of Purchase of the share of stock in the Association. ARTICLE XIII AIOLDWMTS Section 1. These By -Laws may be amended, at a regular or special meeting of tta members, by a vote of four- fifths (4/5) of It all members in person or by proxy, except that with respect to deleting any lot, amendment shall require 1009 assent of all members for such deletion. Section 2. In tie case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control. ARTICLE XIY BOAT AND DOCKING FACILITIES s Section 1. At *_l,e Directors annual meeting after the s shareholders annual meeting, said Directors shall appoint a Dock Committee for one (1) year terms, designating one as Chairman, one as vice - Chairman. The number on said committee shall be determined by the Directors. The Directors shall only appoint to this committee those members of the Corporation who pay annual slip rental fees. The acquisition, installation and maintenance Of boat docking facilities and all matters relating to type of beats, lifts, locations, priorities and other matters relating to boats and docking, shall be governed by the Dock Committee, subject to approval of the Board of Directiors, and the Board of Directors' decision shall be final. The Dock Committee shall not take any action which will impair other shareholders enjoyment of the beach area. Said Dock C ®ittee may make rules and regulations governing the installation, rental and maintenance of the dock facilities. Slips will be rented to shareholders in serial order determined as follows: Applicants for dock or slip rental shall be numbered in the order of their application for 15 ilable dock or slip space. In the event that the number of y `11cants exceed the number of dock or slip spaces, the first lying applicants not receiving dock or slip spaces shall be ked in the order in which they applied, and &hall become titled to dock or sli space in the order as the dock or slip ces become available. In event of a tie, the tie shall be okan by awarding the dock or slip space to the person having rat purchased his lot, or in any other manner deemed equitable the Dock Committee. A person renting a dock or slip in any par shall have priority with respect to renting that dock or 9.ip in the next succeeding year. The rental price for dock and slip space shall be an amount efficient to pay for present and /or future facilities, plus oounts required to provide needed maintenance and a reasonable ish reserve. These rentals will be determined annually by the ock Coanitt*e based upon operating results for the prior &*soon d financial status at that tine. The rental charge shall be r one year from April 1 to March 31. A minimum dock rental of 0.00 per year is hereby established. The rental for 1985 is 5.00. Any slip rental not paid by April 1 shall terminate -king rights absolutely. Rentals will be stated in terms of a limum per slip, plus a given amount per foot for craft in ,ess of a determined length. The original installation cost of :k or other facilities may be obtained by the Corporation rowing said funds from a bank or other financial institutiona from shareholders themselves. The funds paid for rental and 16 for use o; the dock or other facilities shall be maintained in a bark account and an Accounting Fund separate and apart from the atner funds of the Corporation. If the Corporation constructs a Eaxn dock, not including branch docks and boat docking :acilities, which main dock will be used for the general activities of all shareholders, said main dock will be purchased +ith funds of the Corporation; the cost of acquisition, , nstallation and maintenance of boat docking facilities that wnefit boat owners only shall be borne by those who rent such acilities. Section 2. Salaries There shall be no salary paid to any fficer, director, or any member of any committee. ARTICLE xv %ISCELI.7INEOUS The fiscal year of the Association shall begin on the first Of January and and on the last day of December of every year, Pt that the first fiscal year shall begin on the date of rporation. IN WITNESS N88REOF, we, being all of the Directors of the nd view let Add'n Emeownera Association, have hereunto set hands this .� day of 19SS. Leven lent Vanden eeuve 17 a - Pmt , APPLICATION FOR ODWITIONAL. USE PERMIT Property Owner • . c t Address: Consultant: n-- Address: /GG 7a Proposed Conditional Legal Description: 6 u? Existing Use of Profert) Property Acreage.___ 5. Conditional Use Beinn Re Phone: Phone: y'/7 &F —.. -- Phone:___ Present Zoning: N - / Deed Restrictions: � ND Yes If 80, please attach. Has the Applicant previously sought to plat, rerons, obtain a ,variance or conditional use pe on the subject site or any part of it: _)LO ✓Yea Requeat: -.. MEET :(A)CmVletsd application form. (B)Cmplete legal description. (C)Filing fee. (D)Daed restrictions, if necessary. (B)Fiftem copies of site plan drawn to sc ar e shown � structures. (F)Additionsl information as requested by the Planning including but not limited for existing grades and buildings within 100 feet, drainage plan with finished grade and relationship o existing s, water bodies, if any, Proposed floor plan with use indicated Plus building elevations, landscape plan with schedule of plantings and screening, curb cute, driveways, parking areas, walks and cubing. (G)Oertified from abstract fins the names and address of property owners within 300 feet of the existing FccPerty links of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. OW MML87E APPLICEUM STALL W IffiVMm BY 7HE PLAtMM CDiZ =WN. 7b the beat of my knowledge the information presented on this form is correct. In addition, I have reed Section 7.5 of the Zoning Ordinance which specifies the requiramente for conditional uses. I agree to provide information and follow the procedures a$ outlined in the Ordinance. c Tt ci f y r�. IV, Z� +c ��t� l�t�ry lD /W7 Applrcanfts Signature to Property Qrners Signature L7�T3 �� Yon , , - � :� ,1 �:r i t� , r � •• M fa , •., i, �o-u � f 1 1f I • � AIA7 Of t_ PImW'ino Dirac x Date CITY OF PRIOR LAKE PLARNLM COMMISSION MINUTES JUNE 18, 1987 The June 18, 1987 Prior Lm: .e Planning Ooamission meeting was called to order at 7:30 P.N. by Chairman Loftus. Present were Cawdssioners Chuck Arnold, Tam Kedrewski, Dave Roseth, City Planner Graser and Assistant City Planner Garross. Caoaissioner Wells arrived at 7:38 P.N. ITEM I - REVIEW OF MINUTES OF PRENIOUS MMT3 Q POTION BY HOSM TO APPROVE 2M JUNE 4, 1987 PLAwWw ODMgSSION MINUTES AS PRffiHNTED, SBOOMED BY ARNOLD. Upon a vote taken, ayes by Arnold, Roseth, Loftus, Kedrewskij the motion passed unanimously. At this time a 2 minute recess was called. The meeting resumed at 7:35 P.& ITEM II - HC7E OOQ>pAT71]w RH UES1' BY -BOW Baum Bob Bailey commented on the Home Occupation request regarding a lawn service cagMT out -4 his residence. Since the application, Mr. Bailey he made some chagea such as only billing ad phone x9118 will be at the house and only one Person commutes fram the house to the glace where the trailers and equipment are stored. City Planner Graser commented per memo 5- 21-87, and asked the Camnission to take into consideration the changes made since the mew. The area residents had concerns on early morning noise, dust, sparks, additional parked cars trucks and trailers on the street, returning craw on rainy days and mulling around. The residents did riot have any objections to a Hama Occupation within the covenants of the subdivision and an automatic review. The Planning C— ssioners discussed the concerns of the residents and Mr. Bailey's effort to work out a solution to the situation with the residents. (612) 447.4290 4629 DAKOTA STREET S.E. P.O. BOX 350 PRIOR LAKE, MINNESOTA 55372 MI :TfiES OF THE PRIOR :.:IM'F� F'..A° :I`G OOM^ _ir:;ir.;, dune :8, 1987 ?OrION BY lr—=P WSri:, SE,�II) BY A.RNNC� TO GRA,� ," A HAVE G;cPATION PERMIT iC k;U6 BAI FOR L.Akti SEYV Il E AT ( 386 150^.11 STREET 8. i:. , CONPING= ;.PON: 1. 11,"RE 1S NO STORPCE OR NbALtrTi.'NA:: OF LAYIN SERVICE EQUIPMiElf, ON PREMISES. ... NO ON OR OFF S'=- PARKING EXCEPT FOR THE ONE EMn.OYEE WHO COMES '-N TO HELP OPE50=F BUSINESS. 3. LD PARKING OF TRAILERS AND OCHER D3UIPMEh'T ON THE PP=SES. 1. TO 'W,E OUTSIDE MEANS FOR EMPLOYEES TO MEET. 5. IF ANY 00MPLAINTS THE HOME OCCI;PATION PERMIT MST BE REVIEWED AND CXR,R.D BE REVCFED. Opcn a vote 'taken, a_es b%. Arnold, Loftus, N.edrowski, Roseth, Wells; the motion passed unaraiwusly. At this time Cammissioner Arnold stepped dam from his chair due to personal interest in the next two items. Z= III - VARIANCE REQUEST BY PRIOR LAKE PUBLIC SCHOCLS Greg Mead representative for the School District camuented that the Task Force reccmmecded additional classrooms for the school space need. The variance will be needed or. the side adjacent to Memorial Park to place portable classrooms on the site. This could be a short term solution depending on the bond 'issue. City Planner Graser taunted per memo dated 6/18/87. The Planning Commission commented on the variance request with regard to parking facilities being deleted, delivery trucks access, bond) issue with no interest so far, and any alternative sites for portables. MNION BY KED%WSKI, SEODND BY WELLS TO APPRWE A 5' 3/8' SIDE YARD VARIANCE TO C OWMUCP TnMWORARY CLASS% K SPACE FOR PRIOR TARE MI DDLE SCAOC L AT M]21N1=TA STREET AND JORDAN AVENUE, SINE IT IS NOT DTiRIt1E[ML TO TAE FUNCPICN OF MENOPIPL PARR. Upon a vote taken, ayes by Kedrowski, Loftus, Roseth, Wells; Arnold abstention; the motion passed. 1T1�! IV - QkDrt'tt WL USE MM MWIPICATION FOR ALMA(` INC - ISLAND VIEW 5M ARDITIC1i Ron Swanson representative for Almac, Inc. commented on the modification to include all 31 lots to have lake access instead of 21 lots. They are only requesting the number of people who can use the boat slips not the number of slips to increase since Outlot A was always expressed for backlot access. City Planner Graser commented per memo dated 6/18/87. At this time audience input was called for. The area residents had concerns over increase of traffic on the small bay causing accidents, shallowness of the bay creating mud and erosion, wildlife being disturbed, concrete trucks cleaning out rigs in bay and bringing mud onto streets, construction ncise starting at 5:30 A.M., and Outlot A property title. 3 14LNMES OF THE PRIOR LAKE Pe.ANNING COMFIISSION June 18, 1987 At this time City Planner Graser stated that a telephone call was received from an area r ?sidentopposed to more boa*_ slips in the bay. The Planning Cmvdssioners discussed the increase in association membership for backlot access in Island View 5 5th Addition. MMON BY KEDRO[dSKI To MODIFY THE EXISTING CONDITIONAL USE PERMIT ISSUED 4 -20 -87 FOR THE ESCABLISHMENT OF ISLAND VIEW 5TH ADDITION HOMEOWNERS ASSOCIATION TO EXPAND THE MEMBERSHIP FROM 21 TO 31 THUS INCI.ODM ALL LOTS THAT ARE IN WE SUBDIVISION, MOUNDED BY RISETH. Upon a vote taken, ayes by Kedrowski, Loftus, Roseth, Wells; Arnold abstentions the motion carried. MOTION BY R SETH TO ADJOURN THE JUNE 18, 1987 PRIOR LAKE PLANNING COMMISSION MEETING, S BY WELLS. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion Teased unanim The meeting adjourned at 9:20 P.M. 3 MSY r.S OF THE CITY COUWIL July 6, 1987 The Common Council of the City of Prior Lake met in regular session on Monday, July 6, 1987 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, ' son, Scott, White, City Manager Urmiaacht, City Engineer Anderson, City P1- er Graser, Assistant City Planner Garross, Assistant City Manager /Economic Development Director Schmudlach, Parks and Recreation Director Mangan and City Attorney Ressel. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the June 15, 1987 meeting were reviewed by Oonncil. MOTION MADE BY LARSON, SBtlONDED BY SOM, TO APPPME THE HINMPS AS S[BMPPPED. Dpon a vote taken, ayes by Ndren, Pitzgerald, Larson, Scott, and White, the motion passed unanimously. The next item of business was consideration of the Consent Agenda as follows: a) Invoices to be paid. b) (ling License for St. Michael's School Calendar. c) 'uhdit Management letter. d) Life Link III (Air Ambulance Agreement). e) Relinquish Easements in Tups's First Addition. f) Consider purchase of Christmas decorations. g) Approval of Equipment Certificate Plans and Specifications. h) Finalize bi- monthly Oouuhr:il Meeting dates. i) Approve DCR Stanton proposal. It was noted for the record that (ouncilaember Fitzgerald stated he would abstain from voting on Consent Agenda Item (e) . MOTION MADE By WBIT.'E, SEOXCED By SCOTT , TO APPROVE 7HE CONSENT AGENDA ITE14S (a) T914) (i) . Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed; Fitzgerald abstained on Item (e). The next order of business was an introduction of the new Assistant City Manager /EODna4ic Development Director Ray Scmudlach by City Manager Unmacht. The next order of business was viewing of the film "A Bridge To The Future" by the Scott County Transportation Coalition. (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 M,Nb'rTti GF YHF PRLOR L4FiE C17" cl-k : :r. July 6, 198? "ity Manager Urracht int: od_ d Senator glob Schmitz who then addressed the Cbuncil on matters 1 xrtaining to the last legislative v�ssion and the effect the new leas will have upon local governments. Items of discussion were: Light Bail Transit, airport nai5e, statewide income tax, senior health care, property tux, mental health programs, and sales tax. A brief question and answer session followed. The next order of twsiness was a public hearing on Beach Drive road vacation. The public hearing was called to order at 8:20 p.m. by Mayor Andren who proceeded to read the public hearing notice as it appeared in the Prior fake American on June 29, 1987. Assistant City Planner Garroas presented details of the petition as requested by Mrs. Rose. A resident on Eagle Creek, Ben Baer, spoke in favor of t;e road vacation. Discussion followed. MOTION MADE BY LARS0N, SDOONDED BY WHILE, TO APPROVE RESCLUIION 87 -31 PROVIDING FOR THE VACATION OF THAT PART OF BWti DRIVE AS LEGALLY DESCRIBED IN THE RESOLOPION. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. NOTION MADE BY I.ARSCH, SEMMED BY FITZGERAID, TO ADJOURN THE PUBLIC FEAR. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The Public Bearing was adjwrnned at 8:25 p.m. The next order of business was consideration of Resolution 87 -33 providing for the issuance and sale of 8300,000 General Obligation Equipment Oertificates of 1987, and levying a tax for the payment thereof. Steve Mattson of Juran and Moody discussed the sale of the certificates which are to be dated July 1, 1987 and to mature December 1 of each year, through the year 1991. Discussion followed regarding the details of interest rates, charges, etc. The purpose of these bon.ls is to purchase capital equipment for the Parks and Maintera ce Departments. HMON MADE BY FITZGMUD, SWWED BY WFWM, TO APPROVE RESOLUTION 87 -33 PROVIDING FOR TFE ISSUANCE AND SALE OF 8300,000 GENERAL OBLIGATION E0UIPN42PP CERTIFICATES OF 1987 AND LEVYING A TAX FOR THE PAYMENT THEREOF. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the mot -'on passed unanimously. A short recess was called at 8:35 p.m. T,ne meeting reconvened at 8:40 p.m. The next order of business was an introduction of the new Consultant Engineering firm of 4bltz, Ring, Duvall, Anderson, and Associates, Inc. (TRDA). City Manager Unmacht introduced the following gentlemLn associated with TKDA: Dewey n MINUTES OF THE PRIOR LAKE. CITY COUNCIL July E, 1987 Kasma, Vice President, John Davidson, Project Manager and Tom Kirk, Engineer. City Manager [hamacht stated that the Contract between TKDA and the qty is being reviewed and will be presented to the Council at the next meeting. The next order of business was consideration of the creation of a Highway 13 Task Force. City Manager U mmacht outlined the issues and stated the purpose of this agenda item was to introduce the concept; receive feedback from the City Council and make a preliminary determination on how to proceed to examine the issues surrounding Highway 13. Six areas of issues and concerns were listed as follows: access, aesthetics, design, improvement status, intersection, and speed. Discussion followed. The Council by general consensus instructed City Manager Ihmacht to proceed with the formation of a Task Force and include Highway 12 and 42 in the n 1 ans with Highway 13 being the center of the study. The next or("--r of business was consideration of a request for Cn Sale and Sunday On Sair Liquor and Cigarette License for Janis R. Ballard to be located in the Freddie's On Tire E.-O facility at 3950 Green Heights Trail. Discussion followed regarding contingencies. A abort recess was called at 9:25 p.m. for Attorney Glenn Kassel to review the Purchase Agreement presentei to him by Janis R. Ballard. !Meting reconvened at 9 :2P, p.m. MOTION MW BY FITBGEP.W, SBOOiDED BY SWAT, To APPRWE THE RBQUESf FOR RON SALE• AM 0 5UNOAY ON SALE LIQUOR LICENSE MID CIGRM7E LICENSE, SUBJECT TO Cg,Rt'IP om of IINSmom AND PROOF GP 011i18KSBIP, AL40M WITS A LVf= FROM CITY A27UF EY RESSM THAT BE HAS READ AND APPROVES THE DOCO ANT BEING SUBMrfX1D. Upon a vote taken, ayes by Fitzgerald, Scott, and White; nayes by Andren and Larson, motion carried. The neat order of business was consideration of a request from Almno, Inc. to amend its praviausly'approm 3 Oo:ditional Use Permit. the original permit was approved May 20, 1987, and established the Island View 5th Addition Homeowners Association with 21 bwJdot limited memberships. Al.mec is requesting an increase in the Association membership eligibility from 21 to 31 homeowners. City Planner Graser presented the details of the request. Linda Fischer, Attorney for Alec, Inc. discussed the reasons for the request with Council. Discussion followed. MDT10N MADE BY PMGMW, SB(DMDBD BY LARSOIN, TO APPROVE TO CONDITIONAL USE PERMIT MODIFICATION TO 31 LOTS ELIGIBLE FOR MEMBEILSHIP IIN THE ASSOCIATION INSTEAD OF THE 21 THAT WERE APPROVED ORIGINALLY. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. 4INUrES OF THE PP1GR LAKE CITY OOUNCIL July 6, 1487 The next order of business was an update on the Shakopee Mdewakanton Sioux Conunmity Sewer Extension. City Engineer Anderson summarized the present status of progress on the project as it pertains to the Comprehensive Sewer Plan and the Prior lake Urban Service Area. Discussion followed regarding the depth of the pipe and feasibility of oversizing the pipe. By unanimous general consent the City Om=il decided not to proceed with oversizing the sewer pipe. City Engineer Anderson stated sewer stubs could be positioned strategically to enable homes on Drake and County Road 83 to conveniently hook up to the sewer system when necessary without oversizing. City Manager Unmacht and City Engineer Anderson will meet with a representative of the Shakopee Mdewakanton Sioux Community to discuss the City Oauhcil's position on the oversizing of the pipe. The next order of business was a review of the final draft of the Prior Lake Subdivision Ordinance. City Manager Unmacht, commented on staff request which included the following: 1) Ordinance 87 -11 which provides for the deletion of Section 2.5 from the City Zoning Ordinance, 2) Resolution 87 -32 which provides for a Comprehensive Plan Amendment to the Natural Features Policies Section, and 3) Ordinance 87 -10 which is Draft four of the Prior Lake Subdivision Ordinance. Wr= MM)B BY LARSON, S903H08D BY SO=, TO APPROVE RFS(LUrION 87 -32 PROVIDING FOR AN M rP TO TO NATURAL PEAMURES POLICIES OF THE PRIOR LAKE COMPREHENSM PLAN. Upon a vote taken, ayes by Andrea, Pitzgerald, Larson, Scott, and White, the motion passed hsmniaouely. MOTTON Mm BY wz=, S803M Erl LARSON, TO .VMt NE OHDnWXS 87 -11 AMI DING CITY OF PRIOR LAIC ZONE OADnWM SKTION 2.1 AND PRIOR I= CITY CODE SBL•i'ION 5-2-1. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed umudmously. City Planner Grayer reviewed the fourth and final draft of &*&vision Ordinance 87 -10. Discussion followed. Changes will be made and Ordinance 87 -10 will be submitted to the City Attorney's office for modifications, and will then be presented to the Oxa cil for approval. The next order of business was information from the City Manager regarding the Futures Workshop for the City Council and School Board joint meeting to be held on July 13 at 5:00 p.m. at the Prior Lake State Bank. City Manager Umsacht handed out a news article from the Rochester Post Bulletin relating to his recent participation at the League of Minnesota Cities Conference in Rochester. Councilmember Fitzgerald reported that the final aommdttee meeting of the Prior Lake 2000 Committee is tentatively scheduled for Thursday, July 231 at this meeting the final Prior Lake 2000 Report will be submitted. Be also requested an opinion on the possibility of doing some historical displays with old photographs and maps. Several Prior Lake residents have extensive collections MINVIRS OF THE PRIOR LASE CITY kXXT C- *3. July b, 1987 that could either be borroVed or copied for the displays. Diswssion followed. Assistant City Planner Carross reported on her recent attendance at the Southwest Ocalition Meeting in Ouver County, and outlined the purpose of the analition and its future goals for the southwest regional cities. no neat Council meeting will be Mordrp', July 20, at 7 :30 p.m. 2tere being no further business, the meeting adjourned at 11:18 p.m. by general consent of the Ob:eiail. I J. Iltimger Dee Biadn Beaudtmp searetary _j _ Cf3p >�:�"r %I � -:��, Hii�tC «t ./z <�. 1�r�c�c..�Tl. cu U2. PID� a APPLICATICN FOR CONDITICNAL WE PERMIT Phone: )L7 -133) °'. e. r Lake. .mJm. 3 372 Work Phone• 7- z2 Property Acreage: .51 Present Zoning: G1 Conditional use Being sequested: cocoon beach area Deed Restrictions: __L_ ____Y If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subect site or any part of its ._.No -- L — Yes Request: Plat. Rezone ---- ) N ana 1 2/12 120 scale d Ming existitg/propasd structures. irl mutionaa 3momacson as requesrea ey rm Flaming Director including but not limited to: existing grades and buildings within 100 feet drainage plan with finished grade zed relationship to existing water bodies, if airy, proposed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and acreen ng, sub artsr drivemays, parking areas, walks and curbing. (G)Certified from abstract firm the mimes and address of property owners within 300 feet of the existing property lines of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. CNLY 00!EWN AFFLIC1 nWS S LL BE TWIG BY +1136 FLAMM COMA ISSION. 1b the best of vV knowledge the information presented on this form is correct. In addi. ion, I have read Section 7.5 of the Iming Ordinance which specifies the requirements for conditional uses. I agree to provide `:information awd follow the procedures 5 �s outlined in the Ordinmroe. 2/3/87 Applicants Signature Date Property Owners Signature Date THIS SBUION 1O BE FILLED our BY 7m PLiML"M DIRBCIOR Proposed Conditional Use Address: `nxmawn Legal Description: Outl0t A Island Vied 5th Addition Existing Use of Property: Vacant — CITY OF PRIOR LAKE AGENDA: 411 FROM: HORVr GRASER SUR,7Ecr: ALNAC OONDITIOM USE PERRIT ANENDMENr DATE: JUNE 25, 1987 Introduction: Almac Inc. has petitioned the City to amend its previously approved Conditional Use Permit. The original permit was approved May 20, 1987, and establishes the Island View 5th Addition Homeowners Association with 21 backlot limited membership. This application proposes to increase the membership from 21 to 31 lots. Di fig0 2 Contemporaneous with Island View 5th Addition, Almac Inc. was issued a Conditional Use Permit for a Homeowners Association. The primary function, of which, is to provide backlot access to Prior Lake for 21 non lakeshore lots. The association will con Oatlot A and function in accordance with rules and regulations on file in City Hall. Auer Inc. proposes to expand the Conditional Use Permit to include 31 lots or all of the lots in the 5th Addition. The attached cover letter from Pr. Mc Williams supports this proposal. He states that all landowners should have the opportunity to join the association regardless of lakeshore or non lakeshcre ownership. In his opinion, this would provide the opportunity for more social interaction and a healthier neighborhood. staff does not disagree with this claim. Developers have often been criticized for producing sterile, monotonous neighborhoods. The addition of 10 lots has the potential impact of adding 10 more boat slips at the common beach. However, it is doubtful that lakeshore owners would use the association docks. The association currently has the potential for 32 boat slips based nn the 320 feet of frontage at the 904 contour line. The City has issued a dock permit for 20 slips. Three neighborhood families were present at the Planning Commission hearing that objected to the amendment. The basis for the objections included, shallowness ud small size of the bay, limited area for water skiing and objection to the addition of more docks in the bay. The Planning Commissioners had no objection to the proposal and unanimously approved the amendment to the Conditional Use Permit. (512) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 ateM 1. Approve the Conditional Use Permit Amendment 2. Deny the Conditional Use Permit Amendment 3. Uble the Conditional Use Permit Amenchem request for further review. Action Feaues Motion to approve an amendment to allow the 31 homeowners in Island View 5th Addition camon lake access over Cutlot A. ISLAND VIEW 5TH AMMON i APPLICANT: Al+ac Inc., LOCATION: Outlot A, Island View 5th Addition REQUEST: Conditimal Use Permit Modification to allow coo lake access for all 31 Dots in the subdivision. 1 + MUM 14 i ;, rub•` °� �� < r � • • s s r -- :SLANT VIEW 9TH 4 A G V.'F W ISLAND VIEW 5TH ADDITION APPLICANT: Almac Inc., LOCATION: Outlot A, Island View 5th Addition R68UFST: Conditional Use Permit Modification to allow common lake access for all 31 lots in the subdivision. `m M ..,i , -�� 7 �\ tt Izi r x . S:.Anp A*'C LTK /R r111M� `pKE . ��A.:6 •'ah :SLAYG ..... :W 3RD IY A L M A C, INC 612447 8822 6885 BOUDIN Si N SUITS 203. P.O. BOY 550 PRIOR LAKE. MINNESOTA 55372 June 10, 1957 City Council City of Prior =,ake Prior Lake, 'innesesa 15372 de hereby request a modificatio2. of the conditional use permit you issued on April 20, 1987 for common lake access over Outlot A of lsland View 5th Addition, so that any of the 31 homeowners in Island View 5 5th Addition may join the Homeowner's Association that will own Outlot A, if they so desire, not ,just the 21 backlot homeowners. No other changes are proposed. This is the same as Island View 1st Addition where all of the homeowners in the subdivision, whether they own lakesnore, or lake access lots, can join the Homeowner's Association. This modification meets the spirit and the intent of all of the City of Prior Lake's plans, policies and regulations. Its purpose is to maintain the integrity of the nei?hborhood concept, promote the health, safety and general welfare of all of the adjacent homeowners and ensure that harmonious relationships and social interaction will happen. A dock perrti.t for 20 slips, 1-cated as shown on the attached plan, has been apptoTed by the Scott County Sheriff's dater Safety Patrol and has been issued by the City of Prior Lake. No additional slips are proposed. We ask that the City consider this request at the elanning Commission's June 18 meeting and the City Council's July 5 meeting. Thank you very much. Sincerely, Denny E. Hc`filliams ?resident City of Prior Lake Dock Permit Almac. Inc. _ is hereby granted a dock permit as noted below. Lock Location: Outlot A Island View 5th aii ition Dock Configuration: See attached drawino Maxim Nunber of Slips: Other cements: Permit Tres: December 31, 1987 60AT DOCK LAYOUT PREPARED FOR ALMAC INC. 6665 60, ST N E MICR. AKE. MN X,372 i P \y V Valley Engineering Co, Inc. SATE 120 -C. FRANKLIN TRAIL OFFICE CONDOM1 16670 FRANKLIN TRAIL S.E. PRIOR LAKE. MINNESOTA M372 TELEPI E (612)447 -2570 16121"7 -3241 .O .Y .lO I1 WINN,MMrr tlttKtr y r w uIr •Y K�iy u�wt�i� rM i�w, r Kr I IM tow M o w aA w. wu OF rtn ar w wt t+u 0 o.wr w r.s. r CITY OF PRIOR LAKE ..,,,, k, 7_ ;w 110 M=0 91 1� Th cons ider a request from Almac Inc. to modify an existing Conditional Use Permit issued 4 -20 -87 for the establishment of Island View 5th Addition Homeowners Association. The applicant is proposing to increase the membership from 21 to 31. Staff Analysis- Contemporaneous with Island View 5th Addition, Almac Inc. was issued a Conditional Use Permit for a Homeowners Association. The primary function, of which is to provide backlot access to Prior Lake for 21 non lakeshore lots. The association will own Outlot A and function in accordance with rules and regulations on file in City Hall. Almac Inc. proposes to expand the Conditional Use Permit to 31 lots or all the lots in the 5th Addition. The attached cover letter by Mr. McWilliams supports this proposal. He states that all landowners should have the opportunity to join the association regardless of lakeshore or non lakeshore ownership. In his opinion, this would provide the opportunity for more social interaction and a healthier neighborhood. Staff does not disagree with this cliim and has often criticized developers that produce sterile and monotonous neighborhoods. The addition of 10 lots has the potential impact of 10 more boat slips at the common beach. It is doubtful that lakeshore owners would use the association dock. The association has the potential for 32 boat slips based on the 320 feet of frontage at the 904 contour line. Staff Recommendation: Approve the request since the effect of the expansion will be negligible. (512) 447. 4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372 CITY OF PRIOR LAKE MINUMS OF THE CITY COUNCIL April 20 1987 The Common Council of the City of Prior Lake met in regular session on Monday, April 20, 1987 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, SoDtt, White, City Manager McGuire, City Engineer Anderson, City Planner Graser, Assistant City Planner Garross, Parks and Recreation Director Mangan, City Finance Director Teschner, Assistant City Manager /Eooncmic Development Director Unmacht, and City Attorney Kessel. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the April 6, 1987 meeting were reviewed by Council. The following amendments were made to the minutes: Page 2, Paragraph 1, Sentence 4: Springlake Regional Park should be changed to read: "Spring Lake Regional Park'. Page 2, Paragraph 1, Sentence 7: after the word departure -- "would revert' should be changed to "might have to revert ". Page 2, Paragraph 10, It was agreed that the following should be included in the motion instead of being a separate addition: "THAT COUNCIL APPROVAL OF AMEMDMENT IS NOr IN EFFECT UNTIL THE APPROVAL FR0M HENIMIN PARK DISTRICT /SPRING LAKE REGIONAL PARK HAS BEEN FORMALIZED' Page 4, Paragraph 6, Upon a vote taken - -" Andren abstained" was an error of the Recording Secretary, it should read:' Andren voted nay" Page S, Paragraph 2, Council agreed to amend the following motion: "NOTION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE SPLIT ON THE CONDITION THAT NO ADDITIONAL BUILDING PERMIT BE ALLOWED FOR THIS INDIVIDUAL PIECE OF PROPERTY" Be amended to read as follows: "NC'i'ION MADE BY WHITE, SECONDED BY SCOTT, TO APPROVE THE SPLIT ON TF,E CONDITION THAT NO ADDITIONAL BUILDING PERMIT BE ALLOW FOR TH.-. SPLIT OFF SECTION UNLESS COMBINED WITH LOT 8. NOTION MADE BY FITZGERUD, SECONDED BY WHITE, TO APPROVE THE MINUTES WITH WmAes CORRECTIONS AND AM4IIDM6s M AS NOTED. Ap}nwed (612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 65372 MINUTES OF THE PRIOR LAKE CITY COUNCIL APRIL 20, 1987 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The next item on the agenda was consideration of the Consent Agenda. Mayor Andren requested item (b) be removed for discussion under Section 8 - Other Business. MOTION MADE By WHITE, SECONDED By LARSCN, TO APPROVE THE CONSENT AGENDA ITEMS cm ent WITH THE EXCEPTION OF ITEM (b). Agenda Apprvve6 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The next item was to be the public hearing for Agnes Weiland street vacation,Agnes we.! however, because posted starting time was 7:45 the Council elected to hear Mr.st<eet Corrigan of Canterbury Downs (Item 5 on the Agenda) who gave a brief Vacatia+ presentation of Canterbury Dam's transportation plan on alleviating traffic Appmml congestion specifically on roads leading either directly or indirectly to the track. Mayor Andren called the Public Hearing to order at 7:45 p.m. to consider the Public Agnes Weiland Street Vacation on part of Kneafsey Street. She then read for Heariq) the record the Public Bearing notice as it appeared in the Prior Lake American for on Monday, April 13 and Monday, April 20, 1987. The tape will be kept on file Agnes in the office of the City Manager as the official record of the hearing. Weiland', Assistant City Planner Garross presented details of the requert, including a map „ of the area showing Minnegaseo and Minnesota Valley Electric utility lines within the site. Discussion followed. MOTION MADE BY LARSON, SECONDED BY WHITE, TO APPROVE THE VACATION ON PART OF Kneafse;. KNEAFSEy'S STREET SUBJECT TO TO FOIJOAING ODNDITIONS: Street vecl; 1. A PERPETUAL DRIVEWAY EASEMENT BE GRANTED FOR LOT 4, BLOCK 1, =LEN FIRST ADDITION. 2. APPLICANT AGREE TO PROVIDE TO THE CITY WITHIN ONE YEAR OF THE VACATION APPROVAL DATE THE NECESSARY UTILITY EASEMENTS AND WRITTEN DOCUMENTATION STATING THE EASEMENTS HAVE BEEN GRANTED. Upon a vote t..Aen, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The public hearir was adjourned at 8:55 p.m. The next item on the agenda was consideration of Island View 5th final plat approval and Developer's Agreement. City Planner Graser reviewed the events prior to the preliminary plat approval on February 23, 1987, and noted the contingencies to be met before final plat approval. 2 MINUTES OF THE PRIOR LAKE CITY COUNCIL APRIL 20, 1987 The Developer's attorney, Linda Fisher, was present to answer questions. Discussion followed. MOTION MADE BY FITZGERALD, SECONDED BY LARSON, TO APPROVE THE FINAL PTAT OF Maud ISLAND VIEW 5TH ADDITION CONTINGENT UPON THE FOLLOWING STIPULATIONS: view 51" 1. THE DEVELOPER'S AGREEMENT BE IMPLEMENTED. Plat Al 2. THE CITY ACCEPT THE BA UN- ASCHMAN STUDY AS FACT, AND CONCLUDE THE FEDERAL MID STATE HEALTH AND SAFETY STANDARDS ARE NOT BEING VIOLATED BY FUTURE TRAFFIC FROM THESE DEVELOPMENTS. 3. ACCEPT THE PARK DEDICATION OF ISLAND VIEW 57H ADDITION AS INDICATED ON THE PLAT, AND ACCEPT OUT OT A OF ISLAND VIEW 4TH ADDITION AS A GIFT FREE OF ALL ENCUMBERENCES. 4. THAT THE CONDITIONAL USE FOR BACK OT ACCESS FOR 21 LOTS ONLY IN ISLAND VIEW 5TH ADDITION BE GRANTED OVER OU7TOT A, SUBJECT TO ACCEPTABLE DOCUMENTATION FROM SHERIFF'S DEPT ON THE REQUIRED DOCK PERMIT. 5. A 20 FOOT VARIANCE BE GRANTED FOR LOTS 2, 3, 4, AND 5, BLOCK 2, ISLAND VIEW 57H ADDITION. 6. THAT FINAL PLAT APPROVAL BE CCNT1'MGENNT UPON RECEIPT OF THE CITY ATTORNEY'S OPINION AS TO WHETHER OR NOT THE ENVIRONMENTAL ASSESSMENT WORKSHEET IS NECESSARY, AND IF IT IS NBCESSARY 7HEN THE EAW BE PREPARED AND PROPER APPROVAL BE OBTAINED. 7. THAT ASSOCIATION MEMBERSHIP BE LIMITED TO THE 2' LOTS IN ISLAND VIEW 57H ADDITION, AND ASSOCIATION DOCUMENTS BE IN COMPLIANCE WITH THE FINAL DOCUMENTS NTS AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the notion passed unanimously. Further discussion on the Developer's AgreEment followed. MOTION MADE BY FITZCERALLD, SECOMED BY LABS N, TO APPROVE THE DEVELOPER'S Isl�d AGREEMENT FOR ISLAND VIM 57H ADDITION SUBJECT TO LINE ITEMM NO. 4 ON EXHIBIT A View 3 BEING DELETED AS A CREDIT, WITH THE UNDERSTANDING THAT THIS AREA OF DISCUSSION Dewe WILL BE SCHEDULED FOR A COUNCIL MEETING IN MAY. IF IT IS DETERMINED SUCH CREDIT Agr IS APPROPRIATE, ISLAM VIM 5TH WILL RECEIVE THE ASSESSMENT CREDITS, AND THE Alamo, MANAGER AND MAYOR'S SIGNATURE ON THE DEVELOPER'S AGREEMENT WILL BE AUTHORIZED. Upon a vote taken, ayes by Ardren, Fitzgerald, Larson, Soott and White the motion passed unanimously. 3 MI101W OF THE PRIOR LAKE CITY COUNCIL APRIL 20, 1987 A five minute recess was called at 8:55. A public hearing on the Capital Improvement Program was called to order at 9:10 p.m. by Mayor Andren. City Manager McGuire and Finance Director Teschner reviewed the Capital CIp Improvement Plan. Discussion followed. Staff was asked to clarify areas of the ms report and minor changes were suggested by Councilmenbers. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO ACCEPT' THE 1987 -1991 CAPITAL 1987 rgu IMiPROVEMENT PROGRAM AS REPOR'T'ED. Apprmml Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The next item on the agenda was a report by Councilmember Fitzgerald, Chairman of the Interview Committee for the position of City Manager. Discussion followed. MOTION MADE BY LARS014, SBOOLDED BY WHITE, TO APPROVE THE EMPTAYMENI! AGREEMENT t BETWEEN DAVID UHMACHT AND THE CITY OF PRIOR LAIN. � eemot Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. `° City Manager Dire suggested that the Councilmembers consider Section 8 of the Agreement covering meal expenses, and Section 10 covering club membership. Discussion followed. MOTION MADE By SCOTT, SEA BY FITZGERAiD, TO APPROVE EXPENDITURES FX)R CIVIC Civic CLUB MEMBERSHIPS FOR THE RODW CLUB, CHAMBER OF COMMERCE AND AMERICAN SOCIEPf Club OF PUBLIC ADmIS71RATION EPFBCPIVE MAY 1, 1987. Mme' Approved Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. MOTION MADE BY LAR.90N, SECONDED BY WHITE TO AUTHORIZE THE REIMBORSDOENT OF ALLOity p:p NON- AUTUlOBILE RELATED EXPENDITURES IlKITR M IN CONNEKTION WITH CITY BUSINFSS.Reinburs Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the4p caved motion passed unanimously. C14 The next item on the agenda was Consent Agerda Item Cb> - Invoices to be paid April 21, 1987. Discussion followed regarding the amount designated as fees for Almac Inc. The Almec,i fee as shown was $40,377.47. Tire figure was corrected by City Manager McGuire to $35,732.17. The other item on the list was a brief discussion of the hmices expenditure to Soottlard Companies for Utilities Credit of $18,200.00. Mayor Andren stated since she had voted no on the motion to approve the credit, she chose not to authorize this expenditure. 4 MINUTES OF THE PRIOR LAKE CITY COUNCIL APRIL 20, 1967 MOTION MADE BY FITZGERALD, sEODNDED BY SODTP, TO APPROVE THE INVOICES AS In n,xs AMENDED FOR PAYMENT. Approved Upon a vote taken, ayes by Fitzgerald. Larson, Scott, and white, nay by Andren. The motion carried. The next item an the agenda was consideration of The Scott County Admissions Tax. City Manager McGuire read a letter from Brandt Richardson, Deputy Administrator of Scott County, requesting the Council's support for a proposed admissions tax on major amusement facilities within Scott County. The letter also requested they show their support by submitting a resolution in conjunction with the County to the State Legislators. Mr. Fred Corrigan of Canterbury Downs Race Track spoke in support of the admission tax, but pointed out some areas of concern to be considered, and how this bill would affect the County Road 16 -- Bloomington Ferry Bridge funding. He also suggested,that Shakopee, Savage and Prior Lake meet together to discuss a joint approach to future entertainment facilities and how to most effectively solve the problems such as highways, SAC charges, tax increment financing, etc. Discussion followed. POTION MADE BY LARSON, HEMMED BY wBrZ , To APPROVE A REsmurim wOrmw THE Kesolw 0DNCWr OF AN AMMSIONS TAX WHICH WMD BE PAID INTO A FUND DESIGNKTW A SMICTLY FOR THE PURPOSE OF PDUNl'Amn G AND 00NS==ING THOSE COUNTS[ ROADS AND BRIDGES TART Erma DIRacrLY, OR mIRELmy, (ABBY TRAFFIC TO AND FR(M THE MAJOR EN7ElURINMENT FACILITIES WI1HIN SODLT =NTY. A&dssic Tax Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The next item on the agenda was a report by Assistant My Manager Dave Unmacht on the status of the Health Care Center Project. He reviewed the latest efforts of Jack Nugent and Staff in getting the proposal introduced for consideration by the State Legislators. The Leg islators rejected the project, however, Mr strategies,, and attempt p to r have it introduced aggain the Legislators f in t 1988 Jack Nugent thanked the Council and staff for their support on the project. The next item on the agenda was Other Business. City Manager Moadre summarized the progress made over the past 14 years and expressed his gratitude to those with wham he had worked. Mayor Andren expressed appreciation on behalf of herself and the Council. Assistant City Manager umacht read a resolution from the Economic Development O mnittee odmending McGuire for his excellent efforts on behalf of the Committee and extended their goad wishes for success in his new position. Council then discussed the condition of the City park on Fish Point Road. Council directed Staff to prepare a resolution commending the residents on Fish Point Road for cleaning up the park. MINU/TFS OF 7HE PRIOR LAKE CITY COUNCIL APRIL 20, 1987 Council then discussed having Staff prepare a resolution commending City Manager McGuire, MOTION MADE BY FITZGERP.LD, SEOONDED BY SCOTT, 70 INSIVUCT STAFF TO PREPARE A RESOLUTION COMMENDING CITY MANAGER MC(;UIRE. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The next item on the agenda under Other Business was a report by Assistant City Manager Unmacht who presented copies of the new Prior Lake City Brochure "o the Councilnembers. Copies are available at City Hall. The position for the Assistant City Manager /EOOnamic Development Director position will appear in the Minneapolis Star and Tribune and Prior Lake American over the next two weeks and closing of applications will occur on May 15. Next item for conpideration under Other Business was a request for a Temporary Beer License permitting the Prior Lake Jaycees to sell beer at the Prior Lake Softball League Tournaments games. MOTION MADE BY LARSON, SBCX» BY WHITE, TO APPROVE A TEMPORARY BEER LICErISE TaP FOR THE PRIOR LAKE JAYCEES FOR THE DATES OV MAY 2, 3, 30, 31, JUNS 20 AND 21, Raw I- 1987. for Jay¢ upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and white, the motion passed unanimo City Engineer Anderson reported on the status of several assessment appeals, judgments, etc. related to North Shore Project #82 -3 and Cates Street Project #86 -42. MOTION MADE By WHITE, SBdJNDE:D BY LARSON, TO APPROVE ADJOnmw OF THE MEETING MBetu AT 10:55 P.M. To AN ATTORNEY /cLIFNP MEETING. adj Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and White, the motion passed unanimously. The next Council meeting will be Monday, May 4 at 7:30 p.m. Mayor Andren left the meeting. The Attorney /Client Meeting was called to order at 11:00 p.m. by Councilmember AtWC1 Fitzgerald, those present were Councilmambers Fitzgerald, Larson, Scott, White City Manager McGuire, Assistant City Manager Onmacht, City Engineer Anderson, Qty Attorney Kessel and Recording Secretary Dee Birch. Michael A. McGuire City Manager Dee Birch Recording Secretary CITY OF PRIOR LAKE 1f The February 5, 1987 Prior Lake Planning Commission meeting was called to order at 7:30 P.M. by Chairman Loftus. Present were Camnissioners Arnold, Roseth, Wells, City Planner Graser and Assistant City Planner Garross. ITEM I - REVIEW MDXnW OF PREVIOUS H=ING MOTION BY ROSEIH TO APPROVE THE JANUARY 15, 1987 MLgMW AS PRESSENPED, SE(>.MM BY AleM. Upon a vote taken, ayes by Arnold, Loftus, Roseth, Wells; the motion carried. At this time new Planning Commissioner Tam Kedrowski took the Oath of Office given by City Planner Graser. Linda Fisher representative for Almac Inc. requested Preliminary Plat approval for Island View 5th Addition. Ms. Fisher explained that the 18 acre subdivision would consist of 31 single family lots. lots 2, 3 & 4, Block 2 are shallow lots and the developer is requesting that 20' lakeshore variances be granted for all 3 lots. A conditional use permit is also being requested in order that Outlot A provide backlot access for 21 lots. The applicant has met with city staff regarding parks and engineering concerns and is in agreement with all items except for the staff proposal to eliminate Lot 1, Block 5. Almac Inc. will continue to work with engineering staff regarding the extension of utilities to the plat. Furthermore, the developer agrees to pay for the installation of sanitary sewer from the north edge of the plat to County Road 33. In addition to Preliminary Plat approval the developer is also requesting that the site be rezoned from C -1 Conservation to R-1 Urban Residential. Thn requested rezoning would be consistent with the City Comprehensive Plan. City Planner Graser ccumented per memo dated 2/2/87 with regard to rezoning, Comprehensive Plan consideration, past actions affecting the site, creek protection, variance and conditional use permit requests and road circulation. At this time audience input was called for. Roman Kohut, 3600 154th Street NW, presented a letter from his attorney, Philip Crass, regarding the dust problem of County Road 83 as a detrimental health and . safety hazard. City Planner Graser read the letter Exhibit 'A" for the record. (612) 447.4230 4628 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 �1� c < MINUTES OF THE PRIOR LAKE PLANNING COMMISSION FEBRUARY 5. 1987 The area residents discussed existing traffic and dust problems along County Road 83 and were concerned about additional problems associated with the addition of this subdivision. Also there was concern of when and if they could hook up to the sanitary sewer pipe being put in by the Sioux Community along County Road 83. 7be Planning Commissioners were not opposed to the rationing of Island View 5th Addition. The proposed R-1 zoning would be consistent with the Comp Plan. Lot 1 Block S should be eliminated because of the low land situation. Fremont !venue to C.R. 83 should be kept a consistent width of 36 and the creek should be protected at all costs. Furthermore. the developer should have the understanding that sewer hookup to the north is not guaranteed by the City. Oaamty Road 83 from Fremont Avenue to County Road 21 should be paved prior to building. NMTUR BY WELTS TO APPRWE THE REDUEST TO REZONE THE SUBJECT' SITE OF ISLAND VIEW 919 ADDITION FlON Cti-1 Ont mWATION TO R-1 URBAN RBSIDENTIALP SHOWED BY RaBea. Open a vote taken, ayes by Arnold. Kedroweki• Roseth• !walls. Loftus; the motion Curried. The reaming public hearing was closed. :s .• +b �. s re oe as r .s I: ° 11'1' I: 1;�!' la 11r I '.• 11: 1:1: Ii Y:� \� '� :1: 2. VARIANCES FOR 1018 2, 3 AND 4 HIM 2 HE GRANTED SINE 1$B DEVELCPNEWI1L FR%034 C WAS PREVIOUSLY APPROVED AND THE BUILDING LINES WILL NOT ADVERSELY AFFECT WE SIfiF1' LINES OR AESIDEN27AL CBARIA2M 3. LOP 1, BLOCK 5 BE EL.IwMUM- �•.In -�: •• -•I .:r un•wl all >r I •- ..r '.II - qtr. �: 11' •; I:C/ I I 1 11 "r'. 1 1 j ho 1 ••11. ip 1 I :[ •'I i1 1: � 11: •. Y:1'' :I? 1: I? •1 •� 11 :1'• I l: �: 111 I 11'.: -:.: >I •I EMI 5. THE OOIDI170NAL 0BE PERNIT FOR OUT OT A - BROM T ACCESS FOR 21 LOTS BE APPROM OONTINMV UPON ALL DOCUMENTS BEIlEi PREPARED AND SUBMITTED TO STAFF AND OMT W= PATROL FOR APPROVAL. 6. Famm AVENUE BE IRWMW To L WIDTH OF 36' TO COUNTY ROAD 83. 7. SANITARY SEVER SERVICE MAY HE PROVIDED VTII.IEIW A 'HMFORARY LIFT STATION WI'D.i FLOW TO THE SOV19 IN 'IDS EYEV 1 0 MDENRI(ANTON TRUING SEWER IN COUNTY ROAD 83 IS NOT AVAILABLE. 8. RBOOME D THAT CITY COUNCIL CONSIDER US FEASIBII.I'l OF IIODIMWIIVG ODTLor A OF ISLAND VIM 4TH ADDITION AS ADDITIONAL PARK LAND. ti, jb 6,� I' :,•N"y1• 2 KDWIES OF 711E PRIOR ( M PLANNING COWdSSION ( FEBRUAw 5, 1987 Upon a vote taken, ayes by Arnold, Loftus, Redrowski, Roseth, wells; the motion carried. MOTION BY ROSETH TO CLOSE THE PUBLIC BEARING FOR PRELIMn*M PLAT APPROVAL FOR ISLAM VIEW 5TH ADDITION, SBODMED BY AMW- Upon a vote taken, ayes by Arnold, Loftus, Redrowski, Roseth, Wells; the motion carried. *The tape of this hearing will be kept an file in the office of the City Planner as the official record of this Public Bearing. At this time a 5 minutes recess was called. The meeting resumed at 9:25 P.M. John amblauch, Tam "fast applicant, and Greg galling, were present to answer questions. dreg galling, Civil Engineer with Rehder Wenzel. 10100 Morgan Aaneoue South, Bloomington commented that the request is for an amendment to Priorview P.O.D. to include additional density with the annexation of 1.7 acres of Bony dourt,•thardore creating a total of 148 units. The proposal is to construct rental units with single car garages and 1 outside parking spot. In Greg Selling's opW*m the P.O.D. could be built in the 100 year flood plain provided oantaus be trimed down and drainage work be under taken. The wetland area could be controlled with a duo and pipes such as a 42 culvert. The developer has met with area nhei ghtore and will respect their requests for a the ccaapletion of Five gooks with • access thru Wily tt. will be iuproved with City Planner Graver commuted per now dated $/4/87 with regard to the history of the Priorview P.O.D. Staff felt that amhexation of golly Court would make good planning and economic scree. Bmmaver, the developer has not demonstrated good reason to change the Zoning or Crop Plan. The slope and hillside would require a great deal of grading and filling. The northerly unit is almost 100E In the 100 year flood elevation. The topographical data is not accurate and the tot lot as shown in the flood plain is 12 feet lower than the road. The density clearly exceeds the carrying capacity of this node. The creek bed would most likely be disturbed if construction activity was done. The site cannot, in staff's opinion, accommodate an R-3 density in its current state. The proposed architectural style of the buildings are such more pleasant than larger apartment type cons and they would relate much better to smaller adjacent homes. of the There MW were also concerned with environmental issue associated with the site such as: 1.) The site being able to handle a 100 year flood. 2.) A part of the wetland area being a state conservation area. 3.) Questions whether the appropriate authorities such as EM had been notified of the proposed Amendment. 4.) The wetland area holds wildlife habitat that should be preserved. Residents were also concerned that higher density development would increase traffic flow by the elementary school which would result in safety concerns for children walking. Residents felt that increased density coupled with rental units would lead to an increase of crime, debris, trash, and carelessness of transit people in their neighborhood. Chairman Loftus read a letter from Mr. 6 Mrs. Gene Erickson, area residents opposing the request, Exhibit "A ". 3 yS OF THE mom( RE m A nom ampdsSICN ( FEMJW 5, 1987 harming Commissioners had concerns and concurred with staff on topography, ,ation, erosion, flooding, water storage and retentions issues. They did that annexation of Holly Court would be feasibly good. :hweich commented that Holly Court annexation would be for the health, y and welfare of the area due to better fire and rescue access. He also that density credits should be given for dam work which is expensive to the 3per. The new design for the unite is an asset to the area. 1 L v By ARNOLD TO DENY THE RE80lMllta Or PRIORnM P.O.D. FROM R-2 TO R-3 Sn= 71 ,,: PROPOSAL DOES NOT WARRANT AN MMEASE IN DENSITY, DOE TO S 1 1 V - 6.11 OF To 7,va G OMDANM BUZ 25, 12.E PRESEtV= NATURAL AM; ACID THIS IS NOT IN TO nr:r IIt'fST OF THE GE MM HEALTH AND NA,PARQ OF THE O MILMM, SHOOKED By ,arxss. goon a vote taken, ayes by Arnold, Redroweki, Loftus, Rceeth, Mellst the motion arried. MOITON BY AMM TO M f 70 AM MW OF THE 0"RESUBM PLAN DOE TO THE FnIDn S M M UM IN THE PRMOUS MO K - SBWFM BY MM"- tkmn a vote takent aya by Arnold, Fbdcwski, Loftus, Roseth, WSIIAP the notion curled. JOELL 11 FFZ e V f� J 1 e: 1 1 _ , 1 1 f 1: , v U_• , 1- 1 11' . +: ,' 1 � 1 ' I ' r ,., _ 1 C'. ! v • • ] 111 .�' : 1 V - • ' 1 - � . ' . 1: I . • 11 U0on a vote taken, ages by Arnold. Filftcrski, Loftus, 11000th, Me1381 the notion carried. MOTIOM BY ROSE'Bi !DO cL= mm pout nsRx 3 Pat RED Am EVE PLAN A1MMMM Pat PRICXf4/M P.O.D., 99100 � BY AttMOtID. Upon a vote taken, ayes by Arnold, Iedrwaki, Loftus, 11000th, Me1181 the motion carried. IMM By RDm So TAffie US PR>Xed/I W P.O.D. A!!1E>M MLIC BRARnG TO A PUIM DATE, SBOOMM Or ARtO1D. upon a vote taken, ayes by Arnold, RedrOlaki, Loftus► Roeeth, Hells the motion carried. *The tape of this hearing will be kept an file in the office of the City Planner as the official record of this Public Hearing. At this time a 5 minutes recess was called. The meeting retuned at 11:18 P.M. 4 mna/TES OF THE PRIOR` -dM PLANNING OOMUNION \ FEMWARY 5, 1987 ITEM IV - VARIANM REQMT BY MARK HYidnea) Mark Nyland crnmented on his request for a 7.82 foot front yard and a 5 foot south side yard variance for 14399 Watersedge Trail HE. The variance is requested in order to construct a greenhouse addition to his home. He discussed his plans with neighbors and received no objection to his proposal. Assistant Planner Garroes c per mama dated 2/5/87. The applicant had ben granted a variance in 1985 but never utilized it. This proposal would be consistent with existing development in the neighborhood. The abutting neighbors were in attendance and supported the proposal and felt it would enhance the neighborhood. They stated that Mr. Hyland has already put in a lot of time and money to improve his property. The Planning Commissioners discussed the variance request and proposed addition. IOTI'ION BY WELLS 70 AFfIlOVB A 7.82 FCOT FRMV YARC AID A 5 FOOT 80OTH SIDE YARD VARIMM POR 14399 /B 2Mn HE SWIM IT IS NOT DETRIIIMM TO THE HBAIM, IBhLMM AIM BAFIM OF ME OMMBOTF AND IS COMBISTENT WILTI PREVIOUS A�8T8 FOR LOW Cr SILL ARE#. SBA BY =ROM. Opon a vote taken, Was by Arnold. Iledraraki, Loftus, Roseth. Mellsh the motion carried. At this time the last itca an the 19 a (Final Plat approval for Clayton's let Addition) we called to order. This itca we taken out of sequence because the applicant ws present at this time. I'JMI V - 1►T1111L PLAT A1+mmm11/Ai. OF CLAl7M1'S 1ST ADffiTI�1 Clayton Joh son use Imnsent to aremMr question. City Planner ocamw oosmmsI I that Preliminary Plat approval was an 8 -21-86 and the City approved the final plat subject to a Park Dedication fee of 0940 being paid. IOTIM BY ARM i0 APAOM FII61L FIAT OF CIAVMN'S 18f M=TLOH, SOMM7ED BY AMFO I. Upon a vote taken, ayes by Arnold. Medrosski, Loftus, Roseth. Weller the motion carried. I'!MI VI - F2IlAi. 13.AT APHIWAi. DE MD ADDIT11M1 TD LAI038DM PARK City Planner Graser I that the Preliminary Plat approval ova on 4 - the park fee was waived and the plat is in compliance. IOTIM BY ARNOLD R0 A WOO ME PJIVIL PLAT OF 2ND ADDITION 20 LAMME PARK, SECONDED BY ICBM. Upon a vote taken, ayes by Arnold, Eedroreki, Loftus, Rbseth, Mmllai the motion carried. l MINUMS OF SHE PPWA LAKE PLANNING CDN4RSSICN F8MM 5, 1987 VEM VII - F2W. PLAT APRO . OF OAMDSI OMM 2ND DDE12 A City Planner Grauer om=Wmd that Preliaioary Flat approval was on 114-86 for 7.6 acres, the frontage to Lot on North 90 Final Plat approval Contingent upon 1. Developer responsible for Lot 1 utility stubs. 2. Inv slab elevation be at or higher then 958.4 for Lot 1.2,3. mmcN BY Mm w APPAOVB FINAL PLAT OF GUM= QOUIG' 2ND ADDMM CONF1NGDif UPON: 1. Tii6 �VBt34� BB ammo m Fm UTII m BMW TO LDT 1. 2. UN KM MR== ON WrS 1 -3 M 110` OR BIG= SHAH 958.4 BLMM22ML SBalm w NBLLB. Upon a vote takene, epee by Arnold. Fsdrankit Loft Ws aosetbr USIUt the aotien ' ' Xt carried. pig NUr M BY MMD W AA10B TO 5 UP PUM LAU K AIMM O0lPOBMM NMTIM � w scum Upon m by Arn at ll: r Lottw Bvsethr WAUS; the motio ad.. Slue aestin9 n 6