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Home My WebLink About10A Interim Ordinance Study Scope o � rxr � � v � 4646 Dakota Street SE Prior Lake_ MN 55372 'It INNESp� P CITY COUNCIL AGENDA REPORT MEETING DATE: March 25, 2013 AGENDA #: 10A PREPARED BY: Dan Rogness, Community 8� Economic Development Director PRESENTED BY: Dan Rogness AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A RFP DEFINING THE SCOPE OF WORK FOR THE INTERIM ORDINANCE STUDY DISCUSSION: Introduction The purpose of this agenda item is to review and approve a Request for Pro- posals (RFP) that defines the scope of work related to a study for (Interim) Ordi- nance 113-05. Staff wants to confirm that the study objectives and process pro- posed for the Interim Ordinance study are in accordance with the Council's de- sires. Histo On March 11 the City Council approved Resolution No. 13-027 directing the completion of a study for (Interim) Ordinance 113-05. This ordinance defines a study area of approximately 1,150 acres along County Highway 42. The ordi- nance further stops development and subdivisions within the study area for a peri- od of six months between March 16 and September 15, 2013. At the March 11 meeting, council members asked City staff to return with a study process, includ- ing a scope of work and proposed budget. Current Circumstances The Council directed staff to work within a short timeframe to accomplish an inter- im ordinance study. Therefore, staff is proposing in the RFP that three months be allocated to the study period, including May, June and July. The RFP deadline of April 10 will allow the City Council to authorize the Mayor and City Manager to en- ter into a contract at its April 22" meeting. Therefore, the study should get un- derway by May 1. The proposed scope of work requires the consultant to primari- ly evaluate existing data and reports in order to make a recommendation on land use and transportation changes for uses that are currently designated in the City's 2030 Comprehensive Plan (within the study area). Conclusion City staff has prepared a Request for Proposals (RFP) that defines the study pro- cess, scope of work, estimated budget and consultant selection process. This RFP will allow the City to move the Interim Ordinance study forward in an expedi- tious manner. ISSUES: The City Council should agree on the language in the RFP, especially as it relates to the "Scope of Work" and "Outcome" sections. Because of the short time period to complete the planning process, the RFP should clearly state the results desired by the City within the study area. Staff will send the RFP to a minimum of five planning/engineering consultant firms. FINANCIAL An estimated budget is shown to be a range of $40,000-$50,000, although we IMPACT: cannot be sure of the amount until we receive the specific proposals. The City has applied to the Scott County CDA for a grant of $15,000 to be used toward this study. The remaining amount to be funded will need to be considered by the City Council within an existing 2013 budget line item or as a budget amendment. ALTERNATIVES: 1. Motion and second to approve a resolution approving a RFP defining a scope of work for the interim ordinance study, as may be amended by the council. 2. Motion and second to delay action for further discussion at a future meeting. RECOMMENDED Alternative #1. MOTION: ATTACHMENTS: 1. Resolution with RFP as Exhibit A 2. (Interim) Ordinance 113-05 with Study Area Maps O � PRIp� � U tr� 4646 Dakota Street SE `�'lN�so'��' Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION APPROVING A REQUEST FOR PROPOSAL DEFINING THE SCOPE OF WORK FOR THE INTERIM ORDINANCE STUDY Motion By: Second By: WHEREAS, The City Council Approved Resolution No. 13-027 on March 11, 2013 authorizing a study to determine what amendments to the Comprehensive Plan and City Code are required to protect the public health, safety, and welfare and to provide for sound planning with respect to property near County State Aid Highway 42 within the City of Prior Lake that is defined in a study area; and WHEREAS, The City Council adopted Interim Ordinance No. 113-05 on March 11, 2013, which became effective upon publication on March 16, 2013; and WHEREAS, The City Council Approved six months for the term associated with the Interim Ordinance, antl further requested that City staff develop a study process, including a Scope of Work to be approved by the City Council; and WHEREAS, City staff has completed a Request for Proposals (RFP) that defines the proposed planning study process and timeline. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. A Request for Proposals (RFP) is approved for distribution to planning and engineering consulting firms as identified in Exhibit A, as may be amended by the City Council. PASSED AND ADOPTED THIS 25th DAY OF MARCH, 2013. YES NO Hedber Hedber Keene Keene McGuire McGuire Morton Morton ' Souku Souku Frank Boyles, City Manager Exhibit A O� P ��+P � � v 4646 Dakota Street SE Prior Lake_ MN 55372 `�INive,SO� CITY OF PRIOR LAKE, MINNESOTA REQUEST FOR PROPOSALS March 25, 2013 COUNTY HIGHWAY 42 STUDY AREA PLAN The City of Prior Lake invites you to submit a proposal to evaluate the city's existing land use and transportation plan along a 3.5 mile corridor of County Highway 42 within a defined study area. BACKGROUND On March 16, 2013 an Interim Ordinance became effective for six months to halt subdivisions and development within a study area of approximately 1,150 acres. This area is shown in Exhibit A, which extends from the city's eastern to western boundary along County Highway (CSAH) 42. Intersecting highways to this corridor include CSAH's 18, 21 and 83. The study area is divided as follows (approximate acres): Ownership: (note: SMSC refers to Shakopee Mdewakanton Sioux Community) • Private property = 825 acres (71.7% of study area) • Public property = 75 acres (6.5% of study area) • SMSC trust property = 70 acres (6.1 % of study area) • SMSC fee property = 180 acres (15.7% of study area) • Total study area = 1,150 acres Property Status: (note: for this study, homes on larger lots are considered to be developable) • Developable area (private) = 745 acres (64.8% of study area) • Developable area (non-private) = 285 acres (24.8% of study area) • Wetland areas = 120 acres (10.4% of study area) • Total study area = 1,150 acres Land Use Plan 2030: (note: approximately 640 acres is zoned Agricultural, but guided for other uses) • Low Density Residential = 650 acres (56.5% of study area) • Medium Density Residential = 20 acres (1.7% of study area) • High Density Residential = 135 acres (11.8% of study area) • Commercial = 145 acres (12.6% of study area) • Business Park = 200 acres (17.4% of study area) • Total study area = 1,150 acres Note: Approximately 60 acres of residential land use property is city-owned parkland. SCOPE OF WORK The selected consultant will recommend changes to the land use and transportation plans within the city's 2030 Comprehensive Plan for property located within the study area. The following analysis shall occur prior to the con- sultant's recommendations: 1. Review the 2011 Maxfield Research Commercial and Industrial Demand Analysis for Prior Lake as the ba- sis for estimated Cll building and land demands by 2030. 2. Evaluate residential building permit history and the status of any existing/planned subdivisions within the city as the basis for estimated building and land demands by 2030. 3. Review the 2008 CSAH 42 Vision and Implementation Plan in order to understand and evaluate access is- sues and proposed improvements along the highway from TH 13 west to CSAH 21. 4. Evaluate traffic volume counts and forecasts for current and proposed land use changes while will help to make conclusions that impact land uses and accesses. 5. Consider the completion of CSAH 21 north of CSAH 42 as an important new gateway into Prior Lake, in- cluding planned eastlwest access points'/2 mile north of CSAH 42. 6. Evaluate land characteristics within the study area to help determine appropriate land uses, such as topog- raphy, wetlands, shoreland districts, and wooded areas. 7. Review the city's most recent Capital Improvement Plan (CIP) to consider proposed public improvements that impact the study area; evaluate the location of existing and future public utilities that impact the orderly development of land within the study area, including sewer/water access and capacity. 8. Evaluate all existing land uses within one-half mile on either side of CSAH 42 to help assess current uses versus planned uses of land. 9. Consider the extent of lantl owned antl controlled by SMSC and how that may impact the future planned development of land within the study area. 10. Evaluate the 2030 Vision and Strategic Plan and the EDA's Business Plan to help evaluate short and long- term economic development goals and initiatives for Prior Lake. At a minimum, the proposal must include the following meetings: (1) kick-off meeting with property owners and stakeholders, (2) one meeting with city and county staff, (3) a workshop with the City Council and Planning Com- mission, and (4) a final presentation meeting. SCHEDULE The scope of work must be completed no later than July 31, 2013. It is anticipated that the city will enter into a contract with the selected consultant by April 23, thereby allowing a full three months to complete a recommended land use antl transportation plans for Prior Lake. BUDGET The estimated budget for the work is within the range of $40,000 -$50,000 with partial funding being provided by the Scott County Community Development Agency (CDA). 2 PROPOSALS Written proposals should include the following information: 1. Project Approach — The proposal should reflect the firm's understanding of the proposed County Highway 42 Plan and planning process. 2. Work Plan — The proposal should address how the scope of work is to be accomplished with a defined schedule and the methods employed by the consultant(s); each task must include a breakout of hours, unit rate and overall cost. 3. Project Personnel — The proposal should clearly identify the names of key personnel and each person's in- dividual rolelresponsibility; it should provide resumes of persons to be involved in this planning process. 4. Relevant Experience — The proposal should provide examples of other similar planning projects undertak- en for public and/or private clients, including references. 5. Performance — The proposal should describe resources available in the firm to accomplish this planning process in a timely manner, including a description of other projects currently underway or anticipated dur- ing the project timeline. 6. Conflict of Interest — The proposal should list contracts or personnel that have had contracts with private property owners in Prior Lake during the past five years, or itlentify other possible conflicts of interest. SELECTION PROCESS Certain city staff will review all complete proposals and forward a recommendation to the City Council for its con- sideration on April 22, 2013. Proposals will be evaluated by criteria, inclutling but not limited to the following: 1. Clarity and structure of the proposal, including how well it fits with the city's objectives. 2. Suitability of the project approach, including a schedule that works well within the project timeline. 3. Qualifications and expertise of key personnel assigned to this project, including the firm's experience with other similar projects. 4. Project cost and the firm's ability to perform the work in a timely and cost-effective manner. 5. Potential conflicts of interest. OUTCOME The outcome of this study shall be a recommendation from the consultant to the city concerning potential land use and transportation/access changes in the 2030 Comprehensive Plan that are supported by conclusions made tlur- ing the planning process. PAST REPORTS AND PLANS 1. Prior Lake and Scott County 2030 Comprehensive Plans 2. 2030 Vision and Strategic Plan (2012) 3. Prior Lake CIP (2013-2017) 4. CSAH 42 Vision and Implementation Plan (2008) 5. County Highway 42 Corridor Study (1999) 6. Prior Lake Commercial and Industrial Demand Analysis, Maxfield Research Inc. (2011) 7. Prior Lake EDA Business Plan (2012) 3 SUBMITTAL Six (6) paper copies and one electronic copy of the proposal must be addressed to: Dan Rogness Community and Economic Development Director 4646 Dakota Ave. SE Prior Lake, MN 55372 drogness(a�cityofpriorlake.com 952.447.9813 DEADLINE: Proposals are due by Wednesday, April 10, 2013 by 4:30 PM Questions should be directed to Dan Rogness (contact information noted above) ATTACHMENTS 1. Exhibit A— Interim Ordinance 113-05 Summary with Study Area Maps 2. Exhibit B— 2030 Comprehensive Plan Land Use Map 3. Exhibit C— Zoning District Map 4. Exhibit D— 2030 Comprehensive Plan Proposed Roadways Map 4 o � rxr ti � v 4646 Dakota'Street SE Prior Lake, MN 55372 �S�� CITY OF PRIOR LAKE ORDINANCE NO. 113-05 AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA, TEMPORARILY PROHIBITING ALL DEVELOPMENT AND SUBDIVISION OF PROPERTY NEAR COUNTY HIGHWAY 42 WITHIN THE CITY OF PRIOR LAKE THAT IS IDENTIFIED IN EXHIBIT A; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota, hereby ordains Section 1. Purpose. The City of Prior Lake ("City") has adopted a Comprehensive Plan which guides long term property uses -throughout the City. The property near County Highway 42 has been guided 'for a mix of residential, commercial and industrial uses. The City of Prior Lake also regutates zoning and subdivision of property within the City in order ta 1) Protect the residential, business, industrial and public areas of the community and maintain their stability. 2) Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. 3) Provide adequate light, air and convenient aceess to property. 4) Limit congestion in the public rights - of - way. 5) Prevent overcrowding of land and undue concentration of structures and population by regulating the use of land and buildings and the bulk of buildings in relation to the land surrounding them. 6) Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. 7) Require that development proceed according to the goals and policies established in the City's Comprehensive Plan. 8) Maintain a tax base necessary to promote the economic welfare of the City by insuring optimum values for property in the City. 9) Enhance the aesthetic character and appearance of the City. 10) Conserve natural resources and environmental assets of the community. 11) Provide adequate off-street parking and loading facilities. 12) Provide effective administration of this Ordinance and any future amendments to this Ordinance and prescribe penalties for the violation of its requirements. 13) Establish a continuing system of review of this Ordinance to insure it will be amended to mest changing needs of the community and advances in science and technology. The City Council finds that the City's current Comprehensive Plan, zoning and subdivision regulations do not adequately address the devefopment and subdivision of property near County Highway 42 in the City of Prior Lake that is identified in Exhibit A due to changes within the City and on County Highway 42 that were not anticipated by the City including: • City acquisition of Pike Lake Park. • Construction and opening of CR 29. • Availability of additional land along CR 21 corridor for commercial purposes. • Acquisition of the YMCA property (80 acres) and North Berens Drive property (75 acres) by the Shakopee Mdewakanton Sioux Community. • Completion of SCALE Commercial / Industrial Corridor Study including CR 42 in Prior Lake. • Preliminary platting and plat expiration of Summit Preserve. • Development proposal of the Shepherd property. • Dramatic and perhaps permanent reduction in economic development activity in the residential, commercial and industrial sectors locally, in the metropolitan area and in the region. The City Council finds that the City must conduct a study to determine what amendments to the Comprehensive Plan and the City Code will be required to deal effectively with such developmsnt and subdivision. This study will include analysis and master planning for the County Highway 42 corridor, analysis of commercial and industrial property within the City and near County Highway 42, analysis of land use and access control for the County Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential Comprehensive Plan and ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits for development or subdivision of property near County Highway 42 within the City of Prior Lake that is identified in Exhibit A during the pendency of the study and the various public hearings preceding possible adoption amendments to the Comprehensive Plan, and zoning and subdivision regulations. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances �o regulate, res#rict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be condu�ted, or has scheduled a hearing to consider adoption or amendment of ofFcial controls, including ordinances, regulating physical development of the City. $ection 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to determine what amendments to the Comprehensive Plan and City Code will be required to deal effectively with the development and subdivision of property near County Highway 42 in the City of Prior Lake that is identified in Exhibit A due to the unanticipated changes in the City. This study will include analysis and master planning fior the County;Highway 42 corridor, analysis of commercial and industrial property within the City and near County Highway 42, analysis of land use and access control for the Highway 42 corridor, research of ordinances and land use in other jurisdictions, review of relevant studies and a legal analysis of applicable case law and will develop recommendations as to appropnate Comprehensive Plan and ordinance amendments, if any, that are required in the interest of the public safety and welfare. 2 Section 4. Study Area. This Interim Ordinance shall apply to ail property near County Highway 42 within the City of Prior Lake as of the Effective Date of this Interim Ordinance as identified on ExhibitA, attached hereto and incorporated herein. Section 5. Interim Ordinance. Pending the completion of the above-referenced Study, and the adoption of appropriate official controls, for a period of six months (subject to exceptions as stated in Section 462.355) after the Effective Date of this Ordinance, there shall be no development or subdivision of property near County Highway 42 in the City of Prior Lake that is identified in Exhibit A as of the Effective Date of this Ordinance. The City shall issue no building psrmits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted or approved prior to the Effective Date of this Ordinance. Section 6. Excsptions. This moratorium shall not apply to any permits or approvals that were approved or granted by City staff or the City Council prior to the Effective Date of this Ordinance. Further, this moratorium shall not apply to improvements necessary to correct violations of state law or city ordinances Section 7. Enforcement. The City may enforce this Ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. Violation. City Code Section 103 entitled "Definitions" and Section 104 entitled "General Penalty" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This Ordinance shall become effectivs from and after its passage and publication. Passed by the City Council of the City of Prior L�ke this 11 th Day of March, 2013. 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