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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
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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
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--
: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
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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
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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
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CITY OF PRIOR LAKE
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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