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HomeMy WebLinkAboutProject History September 16, 1993 Mr. Stephen Rathke LOMMEN, NELSON, COLE & STAGEBERG 1800 IDS Center 80 South Eighth Street Minneapolis, MN 55402 RE: PRIORVIEW LTD. PARTNERSHIP VS. ISD. NO 719 Dear Mr. Rathke: Enclosed are the documents you requested relating to the construction of Five Hawks Avenue and the platting of Priorview 1 st and 2nd Additions. I hope that these documents will be helpful in this case. Please call either Larry Anderson or me if you have any further questions regarding the above. Sincerely, {~t(\-y<~ Verlyn Raaen Engineering Technician CIIY OF PRIOR LAKE VR:jlp Enclosures VLET8.WRT 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~)~ DATA ~t1t;~.l' S[)t1IJIVISICN: PRIOIl\JlOtll'DUt> 5??-) d. (0lZ/6WA( Leu. PLAl_)) DEVELOPER: TDm ~7?-PFfi ~ ACMAGE: /1,4&:) NUMBER OF LOr~: 1;)0 UM j)(j)pAW.. DEDlCATICN: /2 ,! dt./ tL 6JJ:;. BEARI.NG DATES. I PRELIMINARY FIAT: P. c. HEARIN:; ItJ - 7- a;< Approved // ~(/J(j) Denied C. C. HEARING Approved Denied FINAL FIAT: C. C. HEARING 1~-6 -Pd Apprwed V I.C~:YJ Denied , I ~Atu.l~ ~EW OF fII& .. City Engineer: Date Finance Director: Date Ci ty Manager: Date Parks Director: ~ Date Planning Director: ~-t Af.:z:jzAI./( Date QJMMENI'S : rIa nfJ I nf.1 tl.timmI5<S/ P'rl j);, LlJ m VYM?21 /1 I-//CJ j- I' I. , , I /J //, /, nu /10? ,r//?..., / ) J /i -I /1;r)/:y?i fi I I I) (?- Jq- H~ (rrtl1n~) iJ -;J- R-J (. f10rthnwSJ /1)- 1- ~d r&tJL}J .J!J.;tJ I f...'.-lll n(). j1 , U1L111?U/Y?I7.1/..-I' Yif 11J:J.rYl.l1 It! f L[!.i!J..!)JV4,j]) (J/A~~+ ~ .fJ;rl,atY7A(J~ If) - LR-b~?? I;) -I", - y:~ ((ltI)t/}tII?d-J../ ...w~ . SIJt~l.iIVLS~ DATA b~.t..l. (Ph~I, PUb~-U') I _ stJwIVISION: 1>K IOi\ JJ~U) \ s -\- A~rl (-1 G~ ~vUJOPER: T7JyY) sl~r(?~ A~GE: NUMBER OF LOl'S: 3 PARK DEDICATION: 48 c,OY\OG U~l i3 \ n ~ BId bS . 8EARJ.NG DATES. PRELIMINARY PIAT: P.C. HEARm; 7-1- 83 Appr~ed.r /(!tl)fjj. Denied c. c. HEARm; 7 - J B - ~\ ~ Approved; I Denied P.C. 9-1.}--83 xl{l~ l"J.NAL PlAT: C.C. HEARING f? '1o?-/T.1 Approved ,;(/~ Denied ()lllhIAJA1, ~UO x,;)-);) ('J.}'AJ.iI(ltJiY1A~n.f j)J.k7". Yf-v/onvAI , ~I ~ DEPAtu.l~ ~ OF ~ .. City Engineer: Finance Director: Ci ty Manager: Parks Director: I Planning Director: ~ ~Y1 I 1/ ciJdJJ "\ h.J1/-O /14v J'~ ~: ---1!.rJ?/lrnlJ1aVl Vlii./ ftfJfJflJ))/t1 ;J(/UJrrJ("/?tU )sr ITYI7UJ5Hl:t./ f:l:;/2/JYI/Jf.J:./ ,YOm};" tJ J "'i)- /'LhJ ('/JuncJ /I:p(JLllJAR Q;'W4<<"/) ~tJbuU+ Date Date Date Date Date i - ~ '~ ~ A 8J1 / (J - 7..:.8';< rr-e. IA" t, - 8~ &J1J11 y?/i II tmI/YJIS 5/ t/Y7 7 - 7- i -<) & ~fu II/J,.n c.J '7 - I ff-/53 ( I . ~' . '~lJnnl!'7L-L. 'th7rJ115 <,/ ;j,., /~ (jd[nl;( ) ~ -43] ( fi- 9-/(3 ( . (J :\ ? ". q-~- R.~ ~ . ~ ~~ ~ } \l ~ -- -~ ,J.,- _ -r PRIORVIEW PUD HISTORY This pun is referenced on the Zoning Map as PUD 82-12. processed under Zoning Ordinance No. 75-12 (red cover). The following is an abbreviated record of the PUD. The files should be consulted for greater detail. It was outline Development Plan (File reference-Priorview PUD 82-12) The Outline Plan was the conceptual stage of the three phase PUD process. PUD size and density: 17.45 acres total land 2.40 acres designated wet land 15.05 acres of wet land which was used to calculate density 15.05 X 5.5 = 83 units The PUD received 27.5% density bonuses 83 X 127.5% = 106 total unit for the PUD Outline Development Approval Planning commission 10-7-82 City Council 12-6-82 Staff comments are in memo form dated 8-12-82. Staff recommended to deny the PUD. In staff memo dated 8-30-82, the denial was reaffirmed. September 15-82, Letter from Cy Kruse to Mike McGuire outlining School District requirements for Tom Steffens to make Five Hawks Avenue public plus other development requirements. November 11-82, Letter from Cy Kruse to Tom Steffens outlining a time frame for the construction of Five Hawks Avenue and cost participation by the School District. priorview 1st Addition (File reference-Priorview 1st Addition) priorview 1st Addition is the initial development phase of the PUD. At this stage greater detail must be submitted and the development plan must be in substantial compliance with the Outline Development Plan. The 1st Addition called for one 24 unit condominium building and two 12 unit condominium buildings. The plat to implement this phase included Lots 1, 2, and 3, Block 1, priorview 1st Addition (attached). - Preliminary Plat: hplannIng.commission City Council PI~=~ng Cjrmission 7-7-83 7-18-83 8-4-83 ~ 1 A Developers Agreement was entered into for the construction of utilities and Five Hawks Avenue from Highway 13 to the northern terminus of the 1st Addition. Shortly after the final plat, Tom Steffens dedicated the entire right-of-way within the PUD to construct Five Hawks Avenue to the northern terminus of the PUD. This was a requirement of the School District. I believe they also required the complete construction of Five Hawks Avenue in a given time frame. Prior Lake never made this a contingency item in any approvals. After the final plat approval, Prior Lake issued building permit numbers 261 and 327 to construct two 12 unit buildings on Lots 1 and 2, Block 1, respectively. Date of issuance was 9-19-83 for Lot 1 and 11-29-83 for Lot 2. In the fall of 1984, staff received a petition to s~lit Lot 3 into two equal halves and construct two 12 unit build1ngs instead of one 24 unit building. The split was approved on 11-13-84. For file reference see priorview 1st lot split: Lot 3, Block 1. Building permit number 556 was issued on 9-23-84 for the entire Lot 3 to construct a 12 unit building. After the split was approved, building permit number 616 was issued on 11-14-84 to construct a second 12 unit building. 2 ~ priorview Townhomes (Phase 3A) (File reference "Priorview TOwnhomes-3A") This phase of development consists of 20 townhouse units and is referred to as phase 3A. It is actually the second phase of construction as defined by the PUD. This development phase received Planning Commission approval for preliminary ~lat on 3-21-85 and from the City Council on 4-1-85. Council's f1nal ap~roval was contingent on the same nineteen points outlines earl1er by the Planning Commission and me. All of these points have not been met, therefore, preliminary plat approval has not been obtained. A Developers Agreement was entered into b~ Tom Steffens and the City for the construction of roads and util1ties. The first building permit for four units was taken out on 7-4-85 and the second one for five units on 10-30-85. Mr. Steffens wanted to plat this phase, however, I believe he ran out of money to obtain the required releases. He wanted to put the foundations in for the first nine units and then plat. Mr. Steffens was aware of our policy to issue permits and plat later in townhome developments. Shortly after the first nine units were completed, Mr. Steffens approached the City Council on 11-12-85 and wanted occupancy ~ermits. The primary issue the Council envisioned was street lmprovement. The City Council denied occupancy permits until the streets were in place. Nothing was said about final plat requirements. On 12-2-85 I informed the City Council that the street work was completed and occupancy permits would shortly be issued. The building activity for this phase was as follows: # of Units 4 5 5 6 Permit # 85-166 85-198 *85-294 *85-295 Expired Date Issued Reissued 7-8-85 8-6-85 Yes 11-12-85 11-30-87 Yes 11-12-85 12-4-86 *Conditional Occupancy Permits Issued. complicated Perhaps other reasons which were: 1. 2 . the final plat issue 3 . 4 . City Council granting occupancy before final plat. The street right-of-way was dedicated via easement rather than through the platting process. All internal road~ays are private. The units were to be rented and deeds for individual units were not an issue. Mr. Steffens acknowledged the platting requirement and he knew that a final plat was required before continuing to the next phase of the PUD. Perhaps he had trouble getting release from the Simpkins 5. 6. 3 who are fee owners of the property. 7. Staff has followed the procedure of issuinq permits and then platting townhomes numerous times without incident. Perhaps Mr. Steffens was given too much latitude? All the buildin9 permits were issued in a four month period but complet~on of the last units were not until 1988. priorview pup Rezoninqf Com2rehensive Plant and Developmen~ Plan Amendmen-c {File reference -npriorview PUD 82-12 Amendment") Mr. Steffens ap~lied for a ma~or amendment to the PUD. It involved chanq~ng the zoning d~strict of the PUD from R-2 to R-3 in order that the density of remaining vacant land be increased. It also involved the addition of Lots 1-5, Block 2, Holly Court, which was bought from the Schweichs. The addition of the Holly Court land and increased density called for a revised development plan. There was considerable opposition by the public which resulted in the denial of the proposal by the Planning Commission on 3-19-87. Mr. Steffens never took this proposal to the Council. 4 .} DISTRICT SERVICES CENTER (612) 447-2185 Dr. Cy F. Kruse Superintendent of Schools Dr. Les C. Sonnabend Assistant Superintendent Joy Willemssan Director of Business Affairs ..John D. Kolton Director of Community Services and Student Activities SENIOR HIGH SCHOOL 15860 Fish Point Road S.E. Dr. James A. Wold Principal (612) 447-4131 JUNIOR HIGH SCHOOL 5061 Minnesota Street S.E. John R. Slater. Principal (612) 447-2188. FNE HAWKS ELEMENTARY 16620 Five Hawks Avenue Ronald E. Machacek. Principal (612) 447-4139 WESlWOOD ELEMENTARY 53 70 Eveleth Street S.E. Darwin A Fossa. Principal (612) 447-2178 IN)E)E ~)E ~T SC -100. ) ST~_CT 719 Box 539 · 5300 Eveleth Street Southeast Prior Lake, Minnesota 55372 t. .'- ~ l September 15, 1982 Mr. Mike McGuire, City Manager 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 Dear Mr. McGuire: Re: priorview Project - Five Hawks Avenue At a meeting of the Prior Lake School Board Buildings and Grounds Co~ttee of September 13, 1982, I was' asked to convey the following to you: 1. The present easement on Five Hawks Avenue is as a private road and not as a public roadway. Egress and ingress is permitted, howeverJ development of the road as a public thoroughfare may be done only - with the approval of the school district. 2. The school district would not be willing to grant the needed easements which would allow further development unless the follow- ing provisions were met: a. The road must be developed in its total length and entirety which would provide at least two outlets. The length of the road which proceeds northerly from the Five Hawks site might be only graveled at this time which would meet no objection from the school district. b. Five Hawks Avenue would be blacktopped from state highway 13 to the phase one southerly line which would be just beyond the eas~ parking lot at Five Hawks School. c. A walkway/sidewalk would be included the entire length of the Five Hawks Avenue improvement with the full cost going to the developer. d. That fencing_would be provided along the length of the Five Hawks p~operty - fencing which would be approved by the School Board for the purpose of securing the safety of the children and at full cost. to the developer. 3. The school. district would further request that a study of'the useful street, and its assessments be made, and that such study take into consideration the original costs already incurred by the school district in the construction of the present length of Five Hawks Aven~e. Although the district recognizes the An Equal Opportunity School District ~ .; "'j .. ~ '.., Mike }1cGuire - 2 - Sep~ember 15, 1982 probabili~y qf ~he need for reshaping of ~he roadway, i~ does no~ wish to lose the subs~an~ial ipves~men~ it has in the cons~ruc~ion of the present road which is sufficient to mee~ the needs of the district in accessing Five Hawks School. It is not the school district's position to favor or oppose the priorview development or its phases. However, the district believes that the fore- going ponsiderations would be essential prior to granting of needed ease- men~s. If you should have any questions on this matter please give me a call. Sincerely, @~ Cy F. Kruse, Ed.D. Superintendent of Schools .. CFK:ojr c.c. Horst Graser, City Planner Larry Anderson, City Engineer Jay Willemssen, Director of Business Affairs George Borgerding, Board Building and Grounds Commit~ee Bill Schmokel, Board Building and Grounds Comrndt~ee As a follow up to the various meetings and discussions which have taKen place with regard to road construction in connection with the Priorview PUD project this will confirm that DEDICATION OF ROADWAY At the time Priorview provides the City of Prior Lake with an easement for the extension of Five Hawks planned as part of Phase II of the Priorview PUD Project, the District will dedicate its private roadway to the public by means of an easement granted to the City of Prior Lake. COSTS OF PHASE I RESHAPING, SURFACING AND WALKWAYS The School District will pay its proportionate share of Phase I reshaping, surfacing as well as walkway costs so long as those costs are directly related to full compliance with the requirements of the City of Prior Lake and so long as the project is advertised for public bidding pursuant to Minnesota Statute. The District's proportionate share as determined on the basis of running footage will be 39.53%. The costs of the above mentioned Phase I improvements are presently estimated to be $40,150.00. The District has previously paid $25,204.70 for the construction of Five Hawks Avenue in its present state. This figure, subject to verification by Priorview, shall be included in the total cost of the project and shall be a credit towards the District's 39.53% proportionate share. COSTS OF PHASE II RESHAPING SURFACING AND WALKWAYS The District will pay 50% of the Phase II roadway and walkway costs, subject to the bidding requirements set forth in Phase I. Total.Phase II roadway and walkway costs adjoining District property are presently estimated to be $10,900.00. PHASE I AND PHASE II STORM SEWERS AND DRAINAGE The District shall have ttle right to review and approve engineering plans and -1- ..... costs relating to water drainage projec~ to the extent the District is required to share in those costs. The District~ proportionate share of drainage costs has been deterimined to be 27.38%. The total cost of Phase I drainage projects effecting the District ;s estimated to be $2,370.00. The total cost of Phase II drainage projects effecting the District is estimated to be $17,950.00. SCHOOL BUS DELAY Priorview acknowledges that the District's school bus schedule is critical to the orderly operation of the District and that absolutely no delay in ingress or egress to school property can be tolerated. Priorview intends to schedule construc- tion around the bus schedule and with full understanding that this may cause some contractor inconvenience Priorview warrants that the school busses will encounter no construction related delays. It is understood that the dollar amounts used herein are estimates only. Actual costs will be based on unit costs varied when final bids are accepted. Payment for each project shall be made upon completion of the project. Phase II shall be completed within five years from the date of this Agreement. The District hereby authorizes Priorview and/or the City of Prior Lake to enter on the property and make improvements thereto in accordance with plans and specifi- cations approved by the City of Prior Lake. (!?~- ~ 94/73> / Date .e.~~eI c.. "j... Lowe 11 Ek Clerk Date ~v. I Kruse. Ed. D. laRerintendent of School,; -2- ~"r) ... DISTRICT SERVICES CENTER (612) 447-2185 Dr. 01. F. Kruse Superintendent d Schools Dr. Las C. Sonnabend Assistant Superintendent Joy Willemssen Director of Business Affairs John D. Kolton Administrative Assistant Community SeMces Student .Activities Transportation Jean A Doege Administrative Assistant Food Setvices Data Processing Publications SENIOR HIGH SCHOOL Dr. James A Wold Principal (612) 447-4131 JUNIOR HIGH SCHOOL John R. Slater Principal (612) 447-2188 FIVE HAWKS ELEMENTARY Ronald E. Machacek Principal (612) 447-4139 WESTWOOD ELEMENTARY Derwin A Fosse Principal (612) 447-2178 ~)E)E ~)E ~T SCHOO. ) ST~ CT '719 Box 539 · 5300 WestWood Drive Southeast Prior Lake, Minnesota 55372 jjj) I?' "" t/f r (!;~ (f:/ ~'o. ~ .' November 11, 1982 111,7 I . i/ 7 , -< t;- v 186- A C'/h_ ? Ir/1 ' r 0'" \..,? ( r 4.~c Mr. Thomas L. Steffens Steffens, Usset, Rothnem and Olson, P.A. 3400 West 66th STreet - Suite 200 Minneapd1is, Minnesota 55435 Dear Mr. Steffens: As a follow-up to your meeting with the School Board Building Committee and the subsequent meeting of the Prior Lake School Board on November 8, 1982, the following conditions are outlined as the School District's position regarding road construction in conjunction with the priorview PUD project: 1. The time frame of five years for the initiation of the con- struction of Phase II road construction must be observed. Phase II construction and paving will be paid by abutting property owners in the proportion or percentage of the property which abuts the roadway improvement. 2. Bitumimous walkways the entire length of the project shall be provided at. such time that each phase is developed. The Phase I walkway will be constructed at the same time as the surfacing of the Phase I roadway. The increase in vehicular traffic caused by the construction of 48 units plus the onset of construction vehicles are important considerations in requiring the installation of walA~ays 'in~edi3te1y for the safety of young people who come and go from Five Hawks School. 3. Any fencing of school property which is deemed necessary by the Board for the safety of school children will be provided at School District expense and the District expects no oblig~tion on the part of the developer for such costs. 4. The School District will require input on engineering plans and costs regarding any water drainage projects coincidental to the construction of Phase I and Phase II roadways. The District is willing to pay that proportion of drainage costs in proportion to the area served. An Equal Opportunity School District , ,i \' 'w- Mr. Steffens - 2 - November 11, 1982 5. Phase I reshaping and surfacing costs will be proportionate to the property abutting the roadway. When costs are determined, the District shall be credited for the original costs .pursuant to the construction of the roadway in 1973. A breakdown of costs and exp~ctations follow: 1973 Application for Payment Busse Construction Company. * Item 1 - $ 8,920.32 Item 2 - $14,126.60 Item 8 - . $ 1,874.40 Item 11 - $ 151.50 36.88 95.00 TOTAL * $25,204.70 Construction of Roadway (Five Hawks Avenue) Therefore, costs would be deterrr.Uned as follows: Road Construction Cost in 1973 - Phase I Surfacing Costs $25,204.70 $34,470.00 Total Cost $59,674.00 Individual costs would be deterrr.Uned proportionately or in a per- centage to the running footage of abutting property owners. The District would then be credited with $25,204.70 towaTd their assessed proportionate costs. The School Board has given its approval under the foregoing considerations for the planning process to continue. This is a concept approval with the established conditions identified above. If you should have any questions on this matter, please feel free to give me a call. Sincerel y , &~D. Superintendent of Schools CFK:ojr Enc. 1973 Application for Payment - Busse Construction Company c.c. George Borgerding, Bill Schmokel, Jay Willemssen, Michael McGuire, Horst Graser, Larry Anderson # ~ DISTRICT SERVICES CENTER (612) 447-2185 Dr. 01. F. Kruse Superinterdent d Schools Dr. Las C. Sonnabend Assistant Superin~t Jay W1l1emssen Director of Business Affairs John D. Kolton K:1ministratlve Assistant Community SeMces Student .ActMties Transportation Jean A Doege AdministTative Assistant Food SeIvices Data FI"'- -c'iing Publications SENIOR HIGH SCHOOL Of. ,James A 'Wold Prircip:tl (612) 447-4131 JUNIOR HIGH SCHOOL John R. Slater ' P1ircip:t1 (612) 447-2188 FIVE HAWKS ELEMENTARY Ronald E. Mochocek Princip:tl (612) 447-4139 WESTWOOD ELEMENTARY Derwin A Fosse Principal (612) 447-2178 ~~ N )EPEN )ENT SCHOO. ) ST ~ CT 719 Box 539 · 5300 WestWood Drive Southeast ;i Prior Lake, Minnesota 55372 " ...J "_. ,,~ ~';- ..\'\ ..._ ,:"f ; ~ i 1 'J-dJ ~J ~-: ( . .~~ ~..; ~._ 1. ,Ct~~.~ . ... "'" ..J June 29" 1983 n ..:~~:!~ ::F, ,.' .~: J . '.; .~'" f.1.-:1..' '.n;oWn, I-iln~ Mr. .Gary C. Wilkerson St~ffens, Usset, Rothnem and Olson, P.A. 3400 West 66th Street - Suite 200 Minneapolis, Minnesota 55435 Dear Mr. Wilkerson: We are in receipt of your letter dated June 21, 1983 with regard to the Prior View development. Please be advised that the Prior Lake School Board took' the following action at its regular meeting of June 27, 1983: "Motion by Roger Ziemann, second by Marge Kinney that the con- ditions set forth in Superintendent Kruse's letter of November 11,1982, (copy attached), shall serve as requirements for the proposed improvements and extension of Five Hawks Avenue, and at such time that it is needed for final approval of the project, a resolution affirming those conditions shall be considered by the School Board. Motion carried unanimously: 4 - 0 Voting for: Kinney, Sauter, Schmokel, R. Ziemann Voting a gains.t : !ione", Should it be necessary,as the planning process continues,' to pro- vide a resolution in consideration of the points found in my letter of November 11, 1982, the Board will be happy to consider such action. If you should have any questions'on this matter, 'please feel free .to gi ve me a call. Sincerely, Cy F. Kruse, Ed.D. Superintendent of Schools CFK:ojr Ene. Kruse letter - November 11, 1982 c.c. Mel Sauter, Bi~l Sciw.aJke~, Jay Wil1emssen, Hicbae~ McGuire Horst Graser, Larry Anderson t An Equal Opportunity School District ./ " November 11, 1982 IIr. 7'bomas L. Steffens Ste:LLens, Usset, Rot.r..nem and Olson, P.A. 3400 EitiUlt 66th STreet - Sui ee ZOO Hinneapolis, Minnesota 55435 Dear Hr. Steffens: As a follow-up to your meeting wi th the School Board Building cODDi. tt.ee llnd the .ubsequent lIJGsting of 'the Prior L&ke School Board on November 8, 1982, the following condi tions are outlined as the ScbDol Di.stri~' s position regardj,ng road construction in conjunction wit.h the PriorvitJfl1 PUD project;: 1. The time Lrama of five years for the initiation of tbe con- struction of Phase II road construction must be observed. Phase II construction and paving will be paid by abutting property owners in the proportion or percentage of the property which abuts the roadway improvement. 2. Bitumimous wal.kwaYB tbs entire length of the project sMll be provided at ~uch time that each phase is developed. The Phase I walJaill'1 ",ill be constructed at tbB same time 60S the surfacing of the Phase I roadway. Tba increase in vehicular trAffic caused by the construction of 48 wtits plus the onset oL construction vebicles are import4nt considerations in requ.1.ring the i1JStallation of walJoiays i1DllJediatsly for the safety of young people who COmB and go from Five Saw}cs School. 3. AnI} fencing of school propert.y which is deemed necessary by the Board ror the safet.1} of school children will be provided at School District: eJCpense and the Di.trict B%pectS DO obligation on--tbe part of tbe developer for such costs. 4. rhe SChool Di.trict: will require input on engineering plans and costs reg~rdjng any water drainage projects coincid~t41 to the construction of Phase I and Phase II roadways. 1'be D1scrict is willing to pay that proportion of drAtmage coats in pJg)portion to the area- S4i1ii:ved. .,>;t.---- - 1 7!"' tJ" Itr. Steffens - 2 - November 11'1,1982 5. PblJsa I reshaping and sw:.acing coses will. be proportionaee to the ~propertg abutting the roadway. When costs are determined, the Dtserict; shall be credited for the original coses pursuant to the construction of the roadway in 1973. A breakdown of costs and expectations follow: 1973 Application for Paqment Busse Construction Compan~ ~ Item 1 - $ 8,920.32 " Item 2 - $14,126.60 Item 8 - $ 1,874.40 Item 11 - $ 151.50 36.88 95.00 roTAL~ $25,204.70 Construction of no.dway (.ivB H.w~ Av.~u.) ~berefore, costs would be determdned as follows: Road Const;ruction Cost in 1973 - Phase I Surfacing Costs $25,204.70 $34,470.00 Total Cost $59,674.00 Individual costs would be determined proportionately or in a per- centage to the running footage of abutting property owners. The Di.,trict would then be credited with $25,204.70 toward theif ASsassad proportionate costs. 'l'he Scbool .Bo.r'd has gi ven it. approval under the foregoing considerat.ions for tblil plAnning process to continue. This is a concept approva.l with the e::t;4bl1.l:had conditions identified" above. If you should have lUll} questlona OD this matter, please feel free to give me a call. SJ.zx::erel !:I, Cy ". XruBe, Ed .D. Su~J.ntande~t of Sc1rxJls Cn,ojr BDc. 1913 Appllcatjon for Payment - Busse Constructlon Company c.c. George Borgerding, till Sc.bmokel, Jay iiillemsseD, lIicbael. McGuire I Horst G:raser, Larrq Anderson - 2 - CITY OF PRIOR LAKE ~ PRIOR LAKE PLANNING COMMISSION -Minutes- August 4, 1983 The August 4, 1983 meeting of the Prior Lake Planning Commission was called to order by Chairman Roseth at 7:35 PM. Present were Commissioners Arnoid, Felix, Loftus, Larson and City Planner Graser. The minutes of the previous meeting were reviewed. Motion by Loftus to approve the minutes as presented, seconded by Larson. Upon a vote ta~~n the motion was duly passed. Item I, Solveig E. Konrad Land Use Analysis. Mr. & Mrs. Konrad were present. City Planner Gr~ser commented per memorandum dated August 2, 1983. The Planning Commission commented and felt that a B-1 district not be changed. No action was taken since this is a discussion. (:t Item II, Schweich Construction variance request. Ted and Greg Schweich were present to answer questions. City Planner Graser commented per memorandum dated August 4, 1983. Ted Schweich commented that the soil conditions on this lot make it difficult to place a home on the lot. Jim Weinger, 2591 Spring Lake Road stated that a policy was set about 4 years ago for buildings on substandard lots. The Planning Commission suggested the deck be moved to the side of the home, where there is ample room. Motion by Felix to deny the request as presented but approve a 13 foot rear ya~d variance for Lot 30, Butternut Beach based on moving the house back 5' to comply with the front yard set back and moving the deck to the west side of the house because this is more suited for the lot, seconded by Arnold. Upon a vote taken the motion was duly passed. ~:. Item III, Scott Carver Economic'Council, no one was present, therefore, it was mo/ed to the foot of the agenda. . r' 14:) Item IV, Prior View P.U.D. Final Development Plans for 1st Phase. Bob Thene, Engineer we~e present to answer questions. City Planner Graser commented per memorandum dated August 2, 1983. Gary Wilkerson and j (812) 447.4230 4829 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE. MINNESOTA 51;372 " ~ Bob Thene discussed the drainage of the P.U.D. o Motion by Larson to approve the Prior View 1st Phase Addition Hardshell contingent upon: 1) Several minor engineering details be resolved to the st\ttsfactton of the Ci ty Engi nee)~. 2) At the time of building permit application the s;.te plan show refuse cont- ainers and appropriate screening material. 3) Staff have the flexibility to move 4 stalls to the center garage complex. Two from each complex in front of the 24 unit building. . This will give staff an opportunity to review the actual implen~nted site plan for the first two phases and then make a determination. 4) A road easement for Five Haw~s Avenue dedicated to the public and attached to the Developers Agreement. seconded by Felix. Upon a vote taken, the motion was duly passed. Item III, Scott-Carver Economic Council, Directional Sign for County Road 83 and County Road 42. No one was present to answer questions. City Planner Graser cornllented permemorandum dated August 1, 1983. Discussion followed with the Planning Commissioners. Motion by Felix to approve the Directional Sign for Scott-Carver Economic Council for County Road 83 and County Road 42 that it be limited to the name of the business and a directioan arrow. 21) The sign meet all applicable sign ordinance in Prior Lake. ) The sign be of professional quality and workmanship and compatible with its surroundings. 3) The lower part of the sign be a minimum of 5' above the ground and a maximum of 12'. 4) The sign be suitably mounted on a pole or foundation. S) That it be of earth tone colors to be aesthetically pleasing. 6) The present sign be removed within 30 days or at time of erection of a new sign, whichever comes first. 7) Sign be subject to staff approval. seconded by Larson. Upon a vote taken, the motion was duly passed. At this time Jim Weninger, 2591 Spring Lake Road complained that notification of neighbors in regards to variances, moving houses, substandard lots, etc. sould of been done all along, rather than just starting with the new ordinance. Many policies have been established previously without the benefit of neighborhood input. Planner Graser stated it is a policy now to notify abutting property owners and neighbors of any building activities in the area. . Al~o City Plann,er Graser stated that he would research and present any guidelines for substandard lots in the City limits. Also Planner Graser commented that rental property in the City needs guidelines and sorne- thi ng should be presented. . At this time reorganization of the Planning Commission was requested. U Nominations were open for Chairman. - Mike Felix nominated Chuck Arnold. Motion by Doug Larson to close the nomination, seconded by Mike Felix. ---- F' \j :i I : ft i , ,:'::'_~ ,i idt~ ~~~":\" Minute~ ~}.~A.. . ~,'; "','1'. -." ~~ii.~~: ~;~~:, ~~l:? t~ -- ... \~):: ", ~. :. - '~~'r .) ~,. :~J ":t_' -.... .l ~.~_.:.j' i1L~liilS uf the Proceedings of the City Coullcil of the City of Prior Lake in the County of Scott ilnd Stilte of I-!innesotil. including all accounts auJitedby :.aiJ Council. ~~ August 8, 1983 The Convnon Counoil oe the City of Prior Lake met in regular ~ession on Monday, August 8, 1983 at 7:30 PM in the City Council Chambers. Mayor Stock called the meeting to order. Present were Mayor Stock, Councllmembers Busse, Schwelch, Scott, Thork~lson, City Manager McGuire, City Engineer Anderson, City Plannor Graser, Finance Director Teschner and City Attorney Sullivan. Mayor Stock asked everyone to please rise for the pledge of allegiance. The minutes of August 1, 1983 were reviewed. The following corrections are to be made to the minutes of August 1, 1983. Page 1, Page 4, Page 4, Paragraph 20, Paragraph 16 Paragraph 18 INSERT DELETE SHOULD READ not the he would be tied into this develop- ment scheme, Exhibit "A". o Motion by Busse t.o approve the minutes of August 1, 1983 as amended, seconded by Thorkelson and upon a vote taken it was duly passed. The next item on the agenda was the Revenue Sharing Proposed Use. Hayor Stock called the public hearing to order. The published notice was read tor the record. Mayor Stock then asked City Manager McGuire if he had received any written or oral comments. City Manager McCuire stated that he had not. Finance Director Teschner then reviewed this for the Council. He stated that the amount was undetermined at this point. The funds would be used to support the expenditures within the Fire Department Budget. Mayor Stock read for the record a letter that he received from Rudy Boschwitz regarding revenue bonds. There were no comments from the public. There was general discussion by Counoil and St~ff. 1984 renenue Motion by Thorkelson to authorize the proposed use of the 1984 Revenue Sh..l' q funds. Sharing Funds to support the expenditures within the Fire Department Budget, , C. seconded by Busse and upon a vote taken it was duly passed. ;,'/.~,:,:~ .....~'l...~ ~it~k i~ .,~.. ;, ;.:;i~~:'l' <T,_;.', . ~.., " ,.) ~. Adjournment P.H. 0.. .. . . Motion by Busse to adjourn the Public Hearing, seconded by Scott and upon a vote taken t.his public hearing was adjourn. Mayor Stock then took an item that was scheduled for later in the meeting. The next item discussed was the proposed ordinance dealing with junk cars. City Planner Graser revi~wed the ordinance. There was discussion on the wording-in Section 3 of the proposed ordinance. Mayor Stock asked that Police Chic:f Powell give a statement on stock cars vs modified vehicles. Mayor Stock then directed City Planner Graser to work with .City Attorney Kesselon.the ~efinement of the ordinance and bring it back to the Council for further review. Councilmembe~ 'Sohweich excused nlmself from the Council table for the next item. Mayor Stock then called the Lakeside Avenue Road Improvement Public Hearing to order. The published notice was read for the record. Hayor Stock then ~~ked City Engineer Anderson to review the proposed project. City Engineer Anderson used the projector and reviewed the areas that would be serviced with the storm sewer and paving. City Engineer Anderson further stated that Finance Director Teschner would review the assessing portion of this Page 1 ...._.,.................__...... ._--<11>...., -~-_.......-"_".~ ..,."...... ~.__._""",_,_".,,,,~,,,,,,),""''''.''''''''. . .~..;" '... __.......... ; ~ . J -'1 . . ',. .__~".,-,~ .l'.~""" 'i: I I I l f -.-..", r' . ,'.,.J.', . -~. i"ll~\jTlS of the Proceedings of the City Council of the City of Prior" Lake in the County of Scott and StJtc of Minnesota. including all accounts audited by sdiu Council. pr~ject later In the meeting. He then reviewed the feasibility report for Project 83-1. He stated that the type of work would be grading gravel base, concrete curb and gutter, bituminous surfacing and storm sewer and appurtenant work. Total project cost would be $122,200.00. This amount is broken down to Street Construction - $72,000.00, Storm Sewer Construction - $22,000.00 and indirect costs - $26,200.00. Total project cost does not include any right of way purchases or costs for extra sewer and water services required before paving. ~ Mayor Stock then opened the public hearing up for comments from the audience. There were many questions and comments regarding the project. (The recorded tape is the legal record of the meeting, this will be kept on file in the City Manager's office). Finance Director Teschnor reviewed the estimated assessments. He based his figures on a 50' lot and a 100' lot. This assessment would be spread over 10 year. Mayor Stock then closed this portion of the public hearing and asked the Council for their comments. c Councilmember Thorkelson stated that he was in ~vor of the project only if the paving went the entire length of the project. Councilmember Busse stated that he would also be in favor only if the paving was done excluding the portion of the streets of Colorado to Pleasant Street. Councilmember Scott stated that she was in favor of the entire project. Mayor Stock then commented on the project. H~ also was in favor of the projeo,t. There was a general discuss~on by Council and Staff. After this diSCUSSion, motion by Busse to approve Project 83-1, with paving from County State Aid Highway 21 with the following conditions: l)That the engineers work with the neighborhood. 2)Council accept the 40 teet ot right of way. 3)There would be no parking signs posted on both sides ot the road. 4)Further review from Colorado to Pleasant. Mayor Stock asked if there was a second to the motion. /- '-' The motion died because of a lack of a second. After further discussion by Council and Staff, motion by Busse to continue this ,on next week's agenda, seconded by Stock and upon a vote taken it was duly passed. Mayor Stock thanked the people for coming, and further stated that this would be rescheduled on Monday, August 15, 1983_at 8:00 PH. Mayor Stock then called for a two minute rec~ss. Hayor Stock called the meeting back to order. The. next item on the agenda was the Cable TV ordinance. Hr. Barry Heyer and Mr. Thomas Creighton were present to review the ordinance with the Council. The Council reviewed the ordinance page by page and commented on the necessary wording changes. ' \/ Mr. Creighton asked about the passing of the entir~ ordinance. (, Mayor Stock stated that because of the length, this ordinance would be adopted by reference and published in the legal paper. There was further discussion by Council and Staff. Page 2 ~ ' 1 \ " IJ I j.ll,JGiES of the PrC'ct'cdillgs of the City Council of tile City of Prior Lake in the County of Scot~ and State of Minnesota. including all accounts audited by sdid COllllcil. -. Mayor Stock directed City Manager McCuire to meet and review the ordinance with the Chairman of the Citizens Committee. The recommended changes should be discussed with him. Mayor Stock and Council then decided to reschedule thls item on Monday, August 15, 1983 ot 7:35 PM. ,City Engineer Anderson then reviewed the traffic signal plans for Highway 12 and County Road 44. He stated that the estimated signalization cost Is $90,000.00. The City of Prior Lake's share would be $5,5)).20. He then ~eviewed a drawing showing where the signal would be placed. Mayor Stook asked the City Engineer to mark the drawing as Exhibit "A". He then rbad the proposed resolution. There was a general disoussion by Council and Staff. msolution on Motion by Thorkelson to adopt the resolution for layout approval as submitted, layol!t approv. seoonded by Busse and upon a vote taken it was duly passed. The next item on the agenda was to consider the final plans for the 1st Phase of Prior View. City Planner Graser reviewed the Planning Commdssions recommendations and the site plan. o Mayor Stock asked City Planner to mark the site plan .lS Exhibit itA". He then asked Greg Rothnem if he had any questions or comments. Mr..Rothnem stated that they had met with the Scbool District today and dJd come up with an agreement that needed to be worked on, but did have an agree- ment for the road easement for Five Hawks Avenue. He further commented on the Planning Commissions recommendations. There was disoussion by Council and Staff. ~~~ oontingent upon the followlng: l)Several eng neer ng etalls be resolved to the atlsfaotion of the City Engineer. 2)At the time of the building permt applic- ation, the site Dlan must show refuse containers and appropriate soreen material. 3)Staff have the flexibility to move 4 stalls to the center of the garage complex. Two from each complex in front of the 24 unit building. 4)A developers agreement be signed and meet the requirements of the City Engineer. 5)Prior View will provide a dooument or an agreement for providing the public ~ ;easement with the endorsement of the building oommittee of the School District #719, prior to the issuance of permits, Mayor Stock then stated that this provides the authorization of the Mayor .::~ ~;tih~~:e:~o~r~lgn ~he ha~:shell based upon t~e flve condlt~ons_bil~i . ......... II.... ....VH g ~. . The next item on the agenda was the request from Tom Steffens to discuss Tax Exempt Rental Housing Plans. Mr. Greg Rothnem stated that beoause of lack of information, they are requesting that this be withdrawn from the agenda. May~r Stock then asked if there was anyone that would like time on the agenda. '-h >. nl~ V Mr. Hobart presented to the Council a piece of correspondence that the City ) ~hof Attorney suggested he bring to the Council's attention. He stated that the City ~ Attorney could not satisfactorly answer a,question. .; ,. w. ,Mayor Stock read this for the Council and the record. Mayor Stock then stated, that on the basis of the pending suit the City Attorney is representing us 1n - in Shakopee, we had a report at last Monday's Council meeting and requested City Attorney Sullivan to brief the Council as to the status of the_proceedings and the recommendation to the City Manager to handle any further questions regarding the situation at hand. Page 3 , 1 I , I l f " \ i -. ~ ~ J ....; . . f, DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this 19thday of Sept. , 1983 , by and between the CITY OF PRIOR LAKE, a municipal corporation organized under the laws of the State of Minnesota (the "City"), and PrioJ..v..i..ew a Minneso.t:a Limited ,(the "Developer"). WITNESSETIi, lHAT: Partnership MfEREAS, The Developer has made application to the City Council for approval of a plat of land within the corporation limits of the City described as follows: Priorview 1st Addition (the "Subdivision"): and WHEREAS, the City Council by resolution adopted July 18 , 1983, has granted pre- liminary approval to the Subdivision, on the condition that the Developer enter into this agreement to provide for installation of street, water, sewer and other improvements hereinafter described on the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Improvements. In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Improvements ") shall be constructed and installed on the terms and conditions hereinafter contained: a) Street grading, graveling and stabilizing, including construction of boulevards and turf establishment (hereinafter called "Street Improvements): b) Storm sewers, when determined to be necessary by the City Engineer, including all necessary catch basins, inlets and other appurtenances (hereinafter called "Storm Sewer Improvements") : c) Sanitary sewer laterals or extension, including all necessary building services and other appurtenances (hereinafter called "Sani tary Sewer Improvements"): d) Watermain laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances (hereinafter called "Watermain Improvements") and e) Permanent street surfacing (hereinafter called "Permanent Street Improvements") and f) Standard street name signs at all newly opened intersections and such other traffic control signs within the Subdivision determined to be, necessary by the City Engineer (here- inafter called "Traffi c Signing Impro'(emen ts ") . 2. Warranty of Developer. The Developer hereby warrants and represents to the City as inducement to the City's entering into this' Agreement, that Developer's interest in the Subdivision is Fee owner (indicate whether fee owner, vendee under contract for deed from named vendor, or other vested interest). 3. Designation of Improvements. Improvements to be installed at Developer's expense by the De.veloper are hereinafter referred to as "Plan A Improvements". Improvements which the developer has ~ .~ <T Q.... 1 petitioned the City to install and finance through the regular City assessment procedure hereinafter referred to as "Plan B Improvements". a) The developer shall execute the Developers Agreement prior to final Council approval of the plat. 4) Plan A Improvements. The Developer will construct and install, at the Developer's expense~ the following improvements under Plan A, according to the specifications submitted and approved by the City of Prior Lake for said project, prior to plat approval: a) In the event that the City Engineer determines that services should be over-sized in the area to be developed for the benefit of future development in contiguous or adjacent areas, there will be a determination by the City as to the cost .of the over-sizing and the over-sizing of such facilities will be either credited to the fees the developer owes the City or be paid at the City's option. The City of Prior Lake shall assess the developer for over-sizing costs for trunk mains provided to serve this property. b) It shall be the obligation of the developer to furnish to the City plans and speci- fications by a registered professional engineer for said construction and before any construc- tion is commenced said plans must be approved by the City Engineer. The Developer shall provide full time inspection during construction and surveying. c) The City of Prior Lake shall charge the sum of .6% of the total construction costs, payable prior to plat approval, subject to any increase or decrease of construction cost, as compensation for supervision, approval of plans, final acceptance and ongoing maintenance costs of facilities which will be turned over to the City of Prior Lake for addition to its existing municipal facilities. The Developer shall be responsible to provide and maintain erosion control. d) The Developer agrees to furnish to the City of Prior Lake a letter of credit or per- formance bond'in the sum of $ 49.192.50 which will guarantee completion of performance of the contract, according to the plans and specifications in the event of default by Developer. e) The Developer agrees to furnish the City of Prior Lake Liability Insurance to the satisfaction of the City Finance Director. S) Plan B Im~rovements. The Developer has petitioned the City for the installation of Plan B Improvements as follows; See Schedule A, Sheet 4. If the City Council orders the instq~lation of Plan B Improvements, the City will cause such Plan B Improvements to be installed and the costs thereof to be assessed against the benefited properties on the following terms and conditions: a) Construction. After preparation of preliminary plans and estimates by the City Engillee~ an improvement hearing will be called by the City Council for the purpose of ordering these Plan B Improvements. After preparation of final plans and specifications by the City Engineer hids will be taken by the City and contracts awarded for the installation of the improvements under the City's complete supervision. b) Assessment. The entire cost of the installation of said improvements and all over- sizing costs for trunk mains, including any reasonable engineering, legat~nd adm; n; ~1".,.~.ti VP ( \" v ~ L;:. ..:. j.l. ~ U t t l: \,1 i I;' ... jj I.. \.. 4 I.}, :., it ,1 t I I ,\,.. _l ~, .:' \,... ;., .., >,.; \.1 ..i'::;', 1 i 11...... \. j 1\.: i ".: !1 '- l l I.. \,.: u iJ L Up\":.1 I.. ~ \,;.... III \.l \.. '- u.l \,L<.L II \,. \,.. with the regular special assessment policies of the City of Prior Lake. The subdivider shall jeposit with the City cash in the minimum amount of twenty-five percent (25%) of the total cost of Petitioned Improvements~ which total cost has been estimated by the City Engineer in the amount of $ Such deposit shall be due at the time of the Agreement' and the Subdivider's account shall be credited interest as determined by the City Finance Director. c) For purposes of Minnesota Statute 429.031 Subdivision 3, this Developers Agreement shall constitute a petition of a 100% of the property owners of the above described property. d) The City of Prior Lake shall charge the sum of 5% of the total construction cost, as compensation for ongoing maintenance of the facilities to be provided by the City of Prior Lake. This does not relieve the developer of his responsibility to provide and maintain erosion control on the site. 6) GENERAL a) Binding Effect. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shal. be binding upon all future owners of any or any part of the Sudivision and shall be deemed :ovenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the Subdivision and all recording fees, if any, shall be paid by the developer. Sanitary sewer, watermain and interium paving shall be complete by Nov. 1, 1983 Final paving shall be complete by Nov. 1. 1983 noncompliance of this will cause the performance bond or letter of credit to be called down, unless an extension of time is granted by the City Council. b) Notices: Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notic( shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as follows~ until changed by notice given as above: If to the City at: Cln ENGINEER 4629 Dakota Street SE Post Office Box 359 Prior Lake, Minnesota 55372 If to the Developer: Thomas L.,Steffens 3400 West 66th Street, Suite 200 ~nneapolis, Minnesota 55435 920-5554 Page 3 PUN A Schedule A Sheet 4 CITY OF PRIOll LAKE ESTIMATED COST OF REQUIRED IMPROVEMENTS Area I I (based on average lot size) Subdivider Priorview a Minn. Limited Partnership Area Unit Frontage Total Total Frontage Cost Total Cost. Subdivision Name -2riorview 1st Addition Improvements 1. Grading 2. Street Signs 3. Boulevard Trees 4. Street Lighting s. Replace lot corners 6. Extra maintenance of streets & storm sewer du~ing development 1. Bituminous Surface 2. Perma'nent drainage 3. Sanl tary Sewer Trunk 4. Sanitary Sewer Lateral Services s. Watermaln Trunk 6. '~atcr Lateral 7. Concrete curb & gutterl Total Standard Cost I Part 3 Special Requirements 1. Part 1. Part 2 Unit Cost 48,142.50 '1,050.00 2. 3. Total Estimated Construction Cost Estimated City Fees Plan J\ 6%- Estimated City Partial Payment Plan B (25%) $ 49.192.50 $ 2,951.5.5 $ Total Escrow $ 2,951~55 , , ,. . . ;. '" 'iit' Page 4 . ,. . , f ~I.:) Incorporation by Reference. All plans, special provisions, propo~als, spel:ifil:ations and contracts for the Improvements financed and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly ,executed for Plan A (A or B) on the day aryd year first above wri tten. ~ r ;~~R k!E;f/~ I~ 4 BY:~~/#t~ It'S/);~ v By: It's In Presence of: In ~ence o~4 ~~~- ~ "#- DEVELOPER: Priorview a Minnesota Limited Partnership By: Joseph W. Knoblauch It's General Partner STATE OF MINNESOTA) ) COUNTY OF SCOTT ) BY~;i~#~ On this day of 19 , before me, a Notary Public, within and and for said County personally appeared to me personally known, being each by me duly sworn an d the of the City of Prior Lake, the municipal corpor- ation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of it's City Council and said and did say that they are respectively the acknowledged said instrument to be the free act and deed of said municipal corporation. Page 5 - j-, . .... , ' f\ .;, ~~ ~'f. f: '~' ;~ Minutes ","~. " , '0 I ~ I B~ .: '~ i ~r ~ I ~~ ~ i :U' ~ rfj, .~ ~ ~,\ ,,-. ~ r; to.) ~ !: J: ~4 .~ t.,: ~ iJ;. Adoption of ordinance 83-09 ,. MINUTES of the Proceedings of the City Council of the City of Prior Lake in the Coun~ of Scott and State of Minnesota, including all accounts audited by said Council. September 26, 1~83 The Common CouncIl of the CIty of Prior Lake met In regula. session on Monday, September 26, 1983 at 7:30 PM In the City Council Chambers. Mayor Stock called the meeting to order. Present were Mayor Stock, Councllmcmbers Busse, Schwelch, Scott, Thorkelson, CIty Engineer Anderson and Finance DIrector Teschner. CIty Manager McCuire was absent. Mayor Stock asked everyone to please rise for the pledge of allegiance. The mInutes of September 19, 1983 were reviewed. The following correctJons are to be made to the minutes of September 19, 1983: 'Page 1, Paragraph 6: DELETE INSERT just! fled completed Motion by Busse to approve the minutes of September 19, 1983 as amended, seconded by Scott and upon ~ vote taken it was duly passed. , \ ~ ' !. The next;ftem on the agenda was to consider Ordinance 83-09, Hinnegasco Fra~c~ise;.~~HaYQr,',Stock stated that this was brought before the Council at last :week',s',meeting. , . ~ . .. "',1 ;, : There was discussion by Council and Staff. Motion by Thorkelson to adopt Ordinance 83-09 which provides for the franchi~ing of Hinnegasco, ,Inc. with the 'City of Prior Lake, seconded by Busse and upon a vote. taken it was duly passed. Council then reviewed the Fire and Rescue Report for the month of August. Pire & Rescue Motion by Thorkelson to approve the Fire and Rescue Report as submitted, seconded Report. by ~cott,and upon a vote taken it was duly passed. ,.' j.. , Council then reviewed the Finance Report for the month of August. Finance Report Motion by Thorkelson to approve the Finance Report as submitted, seconded by Scott and upon a vote taken it was duly passed. o Resolution 83-24. (~ ,Mayor Stock then stated that there is another item the Council needs to consider, it isa resolution authorizing the County Auditor to levy taxes for certain bond issues. He then read the resolution which listed the general obligation bonds, the amounts and the dates. There was general discussion by Council and Staff. Motion by Bu~se to adopt Resolution 83-24, a resolution authorizing the County Auditor to levy taxes for certain bond issues, seconded by Thorkelson and upon a vote taken it was duly passed. Mayor Stock' then asked Ci ty EI~~ineer Anderson to review the options of converting the street lights. to high pressure sodium. City Engineer Anderson reviewed a letter that he received from NSP regarding the conversion..".He'statcd thi't the converted lamps will use 33' to 551 less energy and,proyid~;17',to 33' more light output than the lamps that they repla,e, depend- .1.ng on lamp~:slze. . He further stated that if approved NSP will convert the lamps at no'chargeto'the City. There was 'dIscussion by COlJnc!l and Staff. Councl1member Thorkelson asked about the rates that th~ City would be paying, wou~dtiNSP be making an ~djustment in our rates. City Engineer Anderson and Finance Director Teschner sta~ed that they would look into- it. ' . Page 1 " ~ ~ -i /' ....... Progl'am wi NSP I . "! I I,.' \ .:A' HI~UTES of the ProceedinQs of the City Council of the City of Prior Lake in the County of Scott and State cf Minnesota. including all accounts audited by said Council. ~-i ~ ~10tion by Busse to direct City Engincer Anderson to send on behdlf of ~ the City Council, a letter stating our agreement with the program as out- lined in the letter dated September 6, 1983, and upon the contingency that there would be no further increase in the rates because of the change and that there would be no addItional charges for construction to the City of Prior lake at this time, seconded by Scott. Councilmember Busse ~sk(~d, when stating that there would be no additional charge, would that mean that we are not going to pay the $20.00 per light to cover NSP's additional cost? Mayor Stock stated that was correct. He then called the question on the motion, and upon a vote taken it was duly passed. City Engineer Anderson then reviewed the Developers Agreement for Priorview 1st Addition. He stated that the developer has signed the agreement for plan nAn, the developer is doing his own constructio'l, inspection alld financing. It Is for the construction of Five Hawks Avenue, from Highway 13 to the school entrance. Total estimated cost is $48,142.50 , the City's 6% fee is $2,951.55, which has been paid. They have a completion date of November 1, 1983 ror paving. He further stated that it would be hIs recommendation to approve the Developer's Agreement. 4It Councilmember Busse asked about the buses going in and out during construc- t! on. City Engineer Anderson stated that there is a stipulation with the school that they cannot restrict the bus traffic. The bids specified that the hours of construction would be from 9:00AM to 3:00PM and that they would have to provide access for the buses. Thore was further discussion by Council and Staff. Developer's Motion b~ Busse to approve the Developer's Agreement for Priorview 1st AgreellentW/ Addition as stated by CIty EngIneer Anderson, seconded by Thorkelson. Prio1'View 1st Councilmember Busse asked If this includes sidewalks and everything else or just paving. I , I I I r I .; ~ City Engineer Anderson stated that it includes the sidewalks, curb and gutter and paving. Councilmember Schweich asked about the park dedication. e. Mayor Stock stated that the hardshell has not been approved yet, that would be included 1n the hardshell. There was further discussion. Mayor'Stock called the question on the motion, and upon a vote taken it was duly passed. Mayor Stock then asked City Engineer Anderson to give an update on the construction of Sunfish Bay. City Engineer ANderson stated that the contractors started about one week ago. If they did not finish th-e watermain today, they should be very close to completion of the installation of the front watermain. He felt that the project should be completed in 2 weeks. ' City Engineer Anderson then broUght up for Council discussion the roof rp.pairs for the library. He stated that he would like the bids not to be taken on the day as advertised. Specifications for proper installation of the roo' quite complicated, and in order to do a good job we would need more time ,~ Mayor Stock read the motion that was made at the September 19, 1983 mcetin~. IlMotion by Thorkelson to approve specifications for a new roof for the library that would contain the insulation and the membrane type roof, and that the project be bid and that the bids be opened on October 3, 1983 at 10:00 AM, seconded'by Busse and upon a vote taken it was duly passedll. I ..-4 Page 2 , ",':1 "_ -.. , ~i} .j" t, :~. .~.' Minutes & ~ invoices. ~ I I' 0 I .~ ;1 -01 J~ o ~ .r: ..~ I I I f: ,~ ~:~ -:~ ~ Plan "A" t4. 'Jt; ~ MI~UT[S of the Proceedings of the City Council 0' the City of Prior Lake in the County of Scott and State of Minnesota, including all accounts audited by sa; d Council. ~~, It ~ Novemb~r 7, 1983 The Common Council of the City of Prior lake met in regular session on Monday, November 7, 1983 at 7:30 PM in the City Council Chambers. Mayor Stock called the ~~eting to order. Present were ~'ayor Stock, Councilmcmbers Busse, Scott, Thorkelson, CIty Manager McCuIre and CIty Engineer Anderson. Councllmember Schweiuh was absent. Mayor Stock asked everyone to please rise for the pledge of allegiance. The minutes of October 24, 1983 ~ere reviewed. The following correction is to be made to the minutes of October 24, 1983. Page 3, Paragraph 1, INCORRECT NAME G & L Construction Motion by Busse to approve the minutes of October 24, 1983 as amended and to approve the list of invoic~s scheduled for payment on Tuesday, November 8, 1983, as presented, seconded by Thorkelson and upon a vote taken it was duly passed. The next item on the agenda was to discuss Sanitary Sewermain at Priorview. City Engineer Anderson reviewed this for thft Council. He passed out an agree- ment for the Council to review. He stated that at a prevJous Council meeting there was discussion about a sanitary sewer outside of the easement and under a garage. When the line was televised we found on the east side of the property there were two wyes for service that were broken. These wyes will be repaired by the Public Works Department. Staff would recommend that the line not be moved at this time. He then reviewed the agreement that.staff received from the developer. There was discussion by Council a~d Staff regarding the agreement. For the record Mayor Stock read a letter that was dated November 4, 1983 to City Engineer Larry Anderson, from the Five Hawks Glenn Partnership President, Thomas ~teffens. e- The next item on the agenda was to discuss parking at the new library. City Manager McGuire reviewed Plans "A" and "B" for the pr~posed parking. He stated that at one point and time there was a drive around towalds the bakery building which is no longer in use. Copies of Plan "A" and "8" were submi t~"11 ted with the other agenda material Plan "B" would move the parking and the barriers towards the b~kery building to give it more room. There would be enoug~ room for two way traffic coming out of the parking lot. Plan "A" would leave the parking as it is now, we would also leave the barriers as they are now. Plan "A" is the least expensive and we can get by with it this year, it would be doing some stripping and putting up some signs at the entrance. In both cases we are planning on putting a 1 hour limit for parking from 9:00 N~ until 9:00 PM Monday thrv Friday, this would take care of the library as well as many of the needs for the bakery building itself. The second plan would allow for when the closing of the black top driveway to the south of the new library, which would occur next year. The estimated cost on doing Plan liB" would be $4,000.00 to $5,000.00. Plan. "A'~ wo~d be done by the Maintenance Department so the cost would be minimal~ The money is not in the budget for this year, therefore it would be reconwnenaed that we go with Plan "A" and do Plan "8" next year. Another consideration for waiting for next y~ar would be that we are looking into a tree planting sch~me for downtown and this could be incorporated into it at that time.' , There was discussion by Council and Staff. The. consensus of the Council that the one hour limit and the amount of people that park in the lot for meetings would be a problem. Motion by Thorkelson to go with Plan "A" and that the one hour parking restriction signs be put In place this fall, seconded by Busse. i ~ Page 1 ~ tfJr1!J1:ijJ,~"~~I.M":::.,..,..,;;,,'fooL"""""w,,~,''"''''''''- ,.,_.. ~ ......--........ .......... C4.....,.~1""'.. .......;.il,....,.;M",...~/..,)I_.f.... .,......._.,,-..J;._". _ . -- ,-., r . 1 \ -J. I I . . \ J' \ '~I . R~GULAR COUNCIL M~ETING Ag.nda NondAY. April 1. 1985 CALL TO ORDER 1 . 2. 3. 4. 5. 6. 7. ",.......... 8. ~ Cl. 10. 11. ADJOURNMENT -- U ~f\(~M/Io!ntt'tl~;""""'~:t'.'; ~!i.'J',~~" l-...,;.: ~:i. . -. 7:30 PM Plfdgt of AII,gilnct Minutts of Prtvious Mttting Diok CISty - Considtr Vlrilnct from Sign Ordinanct a.vitw Bids for Laktsidt and Calmut Plving ProJtcts Discuss Dunn/Stark Drivtway Situation Discuss Establishing a "Crimt P~,vtntion Fund" -- - --"~ tw Considtr Rtgistertd Lind Survty Consider Developtrs Agretmtnt for Wind Song P.U.D. Zoning Ordinanot Discussion - RE: Auto Salt., Strviees & Rtpair Othtr Business 1 ) b) c) d) 12. Announcements & Corr.spondtnct I) Next Council Mttting - Monday, April 8. 1985 ! 7:30 PM b) 0) d) - '1 " 1 - -- Mintucs & Irmrl.ces -......""".- VarL, ,I ... J Reql. w,t for ~ Ord. by Dick Casey Denied '" .\ ! i ~ ~ i ~ i t k f . ~ ~ ~ ~ i f"-\ '-..-) -., .---.-- . . \ --,-- -... ..-....,...........-.'. .... ........ '. I - ......J.. "I' , r .. -1 MtNUTES OF THE CITY COUNCI~ April 1. 1985 Th. Common Council of th. Clty of Prtor Lak. m.t in r.gular I.ssion on Monday, April 1, t98~ It 1:30 PM in th. City Council Chamb.rs. Mayor Johnson call.d th. m..ting to ord.r, Pr,s,nt w.r. Mayor Johnson. Councilm.mb.r. Bus... Sohw.tch, Soott. Thorktlson. City Mlnlg.T NeGulr.. City Engin..r And.rson. City Pllnn.r Grll.r Ind City Attorn.y I&ss.l, Mayor Johnson asked .v,ryont to ris. for th. pl.dg. of Ill.giano.. Th. minut.s Ind invoic.s sehtdul.d for paym.nt on Tu.sdIY, April 2, revl.wed by th. Counoil. 1'8~ w.rt Motion by Busse to approv. the minut.s Ind invoio.s IS submitt.d, s.oond.d by Scott and upon I vote tlk.n it was duly Plss.d. Th. n.xl item on th. 19.ndl was to consid.r a vlrilno. r.qu.st from th. Sign Ordinano. by Diok CII'Y. City Plann.r Grll.r oomm.nt.d on this. City Plann.r Grastr r.vi.w.d a m.morlndum dlttd Mlrch 27. 1985 r.glrding this r.qu.st. Mayor Johnson ask.d if Mr. Cas.y had Iny oomm.nts r.garding City Plann.r Grls.r's oomm.nts/memorandum. Mr. CIS.y oomm.nted on th. window boxes locat.d on his liquor stor.. Aft.r I l.ngthy disoussion by Counoil, Stiff Ind Mr. CIS.Y, motion by Thork.lson to dtny th. r.qu.st for th. vlrianc, from th. Sign Ordinlne. IS r.comm.nd.d, ..cond.d by Buss. and upon I vot. tak.n it WIS Plss.d. Councilm.mb.r Schw.ich vot.d nlY. M~yor Johnson stat.d that w. hlv. d.ni.d Mr. CIS.Y'S vlriane., Counoilm.mb.r Schw.ioh hid I good sugg.stion ~s I City w. have probably d.nied him (Mr. Casey), the right that h. had to k..p that window box sign up for six months to I yelr. "f stlt~d that in ord.r for Mr. CaslY to plln in Jther Ireas. and to not impost I burd.n. hi rtcommtndtd that th. Council allow him on. Yllr's grlcf unlil Jun. 8, 1986 to .liminat. th. window boxes on th. front of his . s t I b 1 is hm. n t . Councl1mtmber Thork.lsDn suggest~d that City Planntr Gras.r and Mr. Cas.y com. to an agreement &5 far &5 th. dati gO.5, and Mr. Casey hav. th. right to g.t proper imortisation out of the box.s. " Mayor Johnson dirlottd Stiff to contaot Mr. CaslY regarding thl window boxes and to give him I rlllonable amount of tim~ to comply with th. pr.sent city ordinlnoe. Th. n.xt itlm on the ag.ndl WIS to r.view the bids received for Lakeside lnd -"---- ..--- -'-~-_. Councilm~mb~r Schw~lch And Counol1m.mb.r Acc.pt,d this am.ndm.nt to th, motion ~nd ,.oond M~yor Johnson e&ll~d thl qUtstion on the ~otl~n and upon a vote tlkctn it WIS duly plsstd, Th~ n,xt ittm on th. agtnd~ was to dtscu~1 .stablishlng I "Crlm. Pr.~.ntlon Fund" Polic. Ch!.f Pow.ll and O.t.ctt". SCI. c)mm~nt.d on thil. Th. fund would b. 1 Mlnn.sot~ Corporltion mlnag.d by I bOlrd of dlrfctors sfl.cttd by community p.opll' All funds would bt tax d.ductlbl. gifts frolft th. community lts.lf and would bf uSfd for 111 phll'S of crim. prtv.ntion from signs to rowards, .tc Pollet Chl.f Pow.ll and Dttectlv. Bo. furth.r commtnt.d. ''Crime n..--tioo I-I~YUI Aft.r I l.ngthy discussion by Council and Staff, motion by Scott to support the F\n:i" .stlblishmt'nt of 1 "Crim. Pr.v.ntion Fund", s.condld by Buss. Ind upon a vot. tlk'n. it WIS duly p.S$'~. t.hyor Johnson called a r~c.ss It thls tim.. Th. m..ting WIS oall.d back to o r d t rat 9: 30 PM Th~ n.xt it.m on the agenda WIS to oonsid.r pr~ltminlry P.U.D ~lty Plann,r Grls.r commtnttd on this ittm. fer Priorvi.w. j. r ,....,.,......-t,- City Planner Grastr stat.d that the rtqu.sttd Ictic.l by thl d.v.lop.r is preliminary P.U.O. approval. H, th.n r.vi.w.d the m.morandum rtf.r.nclng th. issu.. H. stlt,d thlt the Planning Commission conducttd a public hflring on 3/21/85 1no rtoomm.ndtd approval of tht P.U.D. contingtnt upon 19 points h. slat.d tarli~r. , .. j , Thert was a general discussion by Council and Stiff. Th~ ntxt it~m on the agtnda was to eonsid.r the Rtgist.red Land Survty. Planner Gras~r 'ommtnttd on this ittm. \.:i\y City Planner Grastr stat.d that tht rtgist.rtd land surv.y WIS indir.ctly Ipproved by tht Council in the oours. of .tttling I pending llwsutt against th. City to providt acolss to this landlock.d pare.l. Th. two abutting prop.rty owntrs tn Gatlway Shorts lcquirtd tht parc.l and r.ceived percission to split it and attaoh tht n.wly for~td. p,rotls to their r.sp.ctivt lots. Th. County how.vtr did not acoept the mttls & Dounds dfscription and r~quirfd I RLS. This proposal is identioal to th. Igr.td upon split and staff r.commtnds approval. H. thtn T@f.rrfd to lhe RLS _~hat was attached to th. ag.nda p&ck~g.s. I ~ 1 Th.r. was a glntral disoussion by Council and Staff. i ), i ~ 1 Reg. I.ani Survey #111 ........ '0 Motion by Thorktlson to approvt tht a.L.S. till as submitt.d by Staff, stcond.d by Scott and upon a vote tak.n it was duly Plss.d. The n.xt it~m on th. agenda was to oonsid.r the D,vflop.rs Agreem.nt for Wind Song P.U.D. City E~gin.tr And.rson comm.nttd on this it.m. ~~.i-~~~~~j,~~"~~~~~;';:i.'~:";'\;':~S';;~Y~r:~~.~'" ,,:-:~~...:.., ..' ~,. UtiV~J:I~' S ~ '!HIS ~, made and entered into this 16th day of &:uL, 1985, by and between the w.~.:t. OF PRIOR LAKE, a municipal coJ...t:^'ration organizes under the laws of the State of Minnesota (the RCityR), and Priorwood Townhouse LID (the RneveloperR). w .L'.L'l'IESS~'J.l:1, 'IHAT : w~, The Developer has made application to the City COLmci1 for approval of a plat of land within the coJ...t:^'ration limits of the City described as follows: , PRIORVIEW SECDND ADD.L'.L'.LON ..(the RSubdivisionR): and w~, the City Council by resolution adopted ~ 1 ., 1985, has granted preliminary approval to the Subdivision, on the condition that the Developer enter into this agreement to provide for installation of street, water, sewer and other improvements hereafter described on the tenns and conditions hereafter set forth. NlV THERl2vRE, in consideration of the premises and of the mutual pranises and conditions hereinafter contained, it is hereby agreed as follows: 1. Irqprovements. In accordance with the t:Olicies and ordinances of the City, the following described improvements (hereinafter collectively called the RImprovementsR) shall be constructed and installed on the tenns and conditions hereinafter cont~i1"led: a) street grading, graveling and stabilizing, including construction of l::x>ulevards and turf establishment (hereinafter ("~, led RStreet ImprovementsR) : b) StOI!ll sewers, when determined to be necessary by the Ci ty Engineer, including all necessary catch basins, inlets and other af:Jf:Jurtenances hereinafter called Rstonn Sewer ImprovementsR): c) Sani tary sewer laterals or extension, including all necessary building services, and other appurtenances (hereinafter called RSanitary Sever ImprovementsR): d) Watermain laterals or extensions, including all necessary building services, hydrants, valves, and other appurtenances (hereinafter called "Watermain ImprovementsR) and: e) Permanent street surfacing (hereinafter called RPermanent Street Improvements R) and: f) Standard street name signs at all newly opened intersections and such other traffic control signs within the Subdivision determined to be necessary by the City Engineer (hereinafter called RTraffic Signing Improvements R) . 2. Waa:gntv of Dev~. '!he Developer hereby warrants and represents to the City as inducement to the City's entering into this Agreement, that ~eloper' s interest in the Subdivision is Fee ONner (indicate whether fee owner, vendee Lmder contract for deed fran named vendor, or other vested interest). - ~ ~. 3. ~signation of ~ovements. Improvements to be installed at ~eloper' s expense by the Develu}:Cr are hereinafter referred to as RPlan A ImprovementsR. Imprwements which the developer has ~titioned the City to install and finance through the regular Ci ty assessment procedure hereinafter referred to as RPlan B ImprovanentsR. 1 a) The developer shall execute the Developers Agreanent prior to final Council approval of the plat. 4. Plan A InJprovet1pnts. The Developer will construct and install, at the Developer's expense, the following improvements under Plan A, according to the specifications sutmitted and approved by the City of Prior Lake for said project, prior to plat approval: See Schedule A, sheet 4 , a) In the event that the City Engineer determines that services should be over-sized in the area to be developed for the benefit of future developnent in contiguous or adjacent areas, there will be a determination by the City as to the cost of the over-siz ing and the over-sizing of such facilities will be either credited to the fees the developer owes the City or be paid at the City's option. The City of Prior Lake shall assess the developer for over-sizing costs for trunk mains provided to serve this property. b) It shall be the obligation of the developer to furnish to the Ci ty plans and specifications by a registered professional engineer for said construction and before any construction is Cuulluenced said plans must be approved by the City Engineer. The Developer shall provide full time ~P=ction during construction and surveying. c) The City of Prior Lake shall charge the sum of 6% of the total construction costs, payable prior to plat approval, subject to any increase or decrease of construction cost, as Cuiu~nsation for supervision, Q,j:Jj:JJ..oval of plans, final acceptance and ongoing maintenance costs of facilities which will be turned over to . the City of Prior Lake for addition to its existing municipal facilities. '!he Developer shall be responsible to provide and maintain erosion control. d) The J:eveloper agrees to furnish to the City of Prior Lake a letter of credit or performance rond in the sum of $ 99.8~1..5~ which will guarantee CuutJletion of performance of the contract, according to the plans and specifications. in the event of default by Developer. e) The Developer agrees to furnish the City of Prior Lake Liability Insurance to the satisfaction of the City Finance Director. s. Plan B Intprovements. The Developer has petitioned the City for the installation of Plan B Improvements as follavs: NONE See Schedule A, Sheet 4. If the City Council orders the installation of Plan B Improvements, the Ci ty will cause such Plan B Improvements to be installed and the costs thereof to be assessed against the benefited properties on the following tenns and conditions: a) Constructi.Qn. After preparation of prel iminary plans and estimates by the City Engineer, an improvement hearing will be called by the City Council for the purpose of ordering these Plan B Improvements. After ~preparation of final plans and specifications by the City Engineer bids will be taken by the City and contracts awarded for the installation of the improvements under the City's CuLLltJl-ete supervision. b) ~essm!mt. The - entire cost of the installation of said improvements and allover-sizing costs for trunk mains, including any rp::l~nable engineering, legal and costs incurred by the City, shall be assessed against the benefitted properties in accordance with the regular special assessnent policies of the City of Prior Lake. '!he subdivider shall deI:X>si t with the City cash in the 2 minimum amount of twenty-five percent (25%) of the total cost of Peti tioned Improvanents, which total cost has been estimated by the City Engineer in the amount of $_. Such deposit shall be due at the time of the Agreanent and the Subdivider's account shall' be credited interest as determined by the City Finance Director. c) For purposes of Minnesota Statute 429.931 Subdivision 3, this Developers Agree:nent shall oonstitute a ~tition of a 190% of the property owners of the above described property. 6. ~~ a) Binding Effect. '!he terms and provisions hereof shall be binding u.t:^Jn and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding u1:^Jn all future owners of any or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of then. 'Ibis Agreement, at the option of the City, shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the developer. Sani tary sewer, watennain and interim paving shall be CuU1~ete by ~ember 1. 1985 . Final paving shall be \..U1u~lete by .JW.,v 3". 1986, nonCvU1~liance of this will cause the performance bond or letter of credit to be r==- 1 led down, unless an extension of time is granted by the City Council. b) N:>tices: Whenever in this Agreenent it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice shall be delivered personally or mailed by United States ~;, to the addresses hereinafter set forth by certified mail (return receipt requested). Such notice or demand shall be deaned timely given when delivered personally or when dep:>sited in the mail in accordance with the above. The addresses of the parties hereto are as follows, until changed by notice given as above: If to the City at: L.l.'l.':t. EN3Th~ 4629 Dakota Street SE P.O. Box 359 Prior Lake, MN 55372 If to the Developer: PRIomCX>D 'lOVN800SE LTD 290 Southdale Place 3490 West 66th Street Edina, Minnesota 55435 929-1900 3 PLAN - A SCHEIlJLE A CITY OF PRIOR LAKE ESTIMltrlill mST OF REQUIRED IMPROJEMENTS (based on average lot size) Subdivision Name Five Hawks 1st ~ Subdivider Pd.Qn100d TQdllhoole ~'ID Uni t Area Uni t Q2st 'Ihtal Frontaae Cast Improvements A~ ~t 1. 1. Gradina 2. Street Signs 3. Boulevard Trees 4. Street Lightin<;1 5 . ~ace lot COlJleI.S 6. Extra maintenance of etreets &stonm sewer dur: ing deve1oJ}l\ent .EQr..t 2. 1. Bib mlinous Su.r.f ace 2. Pe~ent drainage 3/. Sanit:ar:y Sewer Trunk 4,. Sanita(y ~ Lateral Se~icea 5. watermain Tr.uJl}{ 6. Water Lateral 7. Concrete curb&gutter Totgl standard Cost Im't 3. SoeQigl Requirements 1-~ Credit for connection I charge 2. l 3. I 20 tmits 1 caS175 = 1 S3 .~0 .00 Total EstDnated Construction Cost $ Frontage 'lbtal Total Qlst 1 1 51Wi 1 I~ I 1 I I 152..583~ 1 . IIL119.5. 1 I 1 132..439.0 I 1 l , 1 I Estimated City Fees Plan A 6% $ 2.838.09 Total EscrON $ Estimated City Partial Payment Plan B (25%) $ City Fee = 50 + 300 + (.06) (52,583 + 14,779.50 + 32,439) - 3500 = $2,838.09 c) Incorporation by Reference. All plans, ~p=Cial provlslons, pruPJsals, specif ications and contracts for the Improvements financed and let pursuant to this Agreenent shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. rn WITNESS W~F, the City and Developer have caused this Agreenent to be duly executed for Plan A (A or B) on the day and year first above written. In Presence of: CITY OF PRIOR LAKE By: It's By: It's By: It's DE,VELuJ:l~: ~17;;;/~!z~J~~ By: ~.bTrJ ltJI~. It'V~~r t)'.l1\TE OF MINNE&.J~) OJUNI'Y OF scarr ) On this /,{/;( day Of~ , 19f,,-, before me, .a Nntary. Public, within and for said County l1ersonally am;:eared ~ to me personally known, being each by me duly sworn did say that they are respectively the and the of the City of Prior Lake, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of it's City Council and said and acknowledged said instnnnent to be the free act and deed of said municipal corporation. 5 .' . .: " CALL ro ONA:.R 1. 2. 3. 4. 8: 15 po 5. . 8:30 pn 6. 7. 8. 9. 10. 11. 12. , . - . - CITY OF PRIOR LAKE ~.UAR CXXJN:IL ME.r:.J. J.J.~ h3ema September 16, 1985 7:30 PM Pledge of Allegiance Minutes of the Previous Meeting Consider Bids Received for City Hall Expansion Consider Sale of Tax Increment Bonds Public Hearing - tarry Gen.:...~r Utility ~eement Vacation Public Hear.ing - Tan st'!ffens Road and utility Easement Vacation John Craig Variance Denial ~t'Ic.:al Consider Amendnent to Zoning Code Ordinance Consider Resolution 85-20 R.:.~rding Froperty Tax Levy Q)nsider Application for Cigarette LiQnGe for Big B' s ~s , Gocx1s Other Business a. b. c. d. e. f. 9. Budget Report. Police Report Fire and Rescue Report ^' atilding Pemits Report Dog Catcher's Report ...... 13. Announcements am Corr.t!o~rxlence a. Next Council Meeting - September 23, 1985 at 1: 30 p.m. b. " c. 14. Adjourrment (612) 447-4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372 ,. . c I I . ---"~. .. -~ 'nle public hearing on the Tan steffens Request to Vacate Roadways, Lanes, Places, Walkways, Utility and Drainage Easement was called to order by Mayor Johnson at 8:30 p.m. City Planner ,':;raser indicated that Hr. Steffens, the devcl""t'Cr of Willows 4th and 5th Additions, recently received conceptual approval for a replat and was requesting vacation of previously dedicated easements, streets and walkways. Both NSP and SCott-Rice Telephone Canpmy were in objection because they have czbles in the areas to be vacated. staff recanmeooed that all the requested easements, streets, roads, walkways be vacated with the exception of that portion of Willow Beach Trail lyineJ west of Willow Lane (Dreyfus Avenue) so that the agreed upon walkway could be placed on public pro~rty.Staff also rec.........~nded that the petitioner ply for all utility relocation or provide new easements for their purpose. Mayor Johnson o~ned the discussion to the audience. Mr. Steffens addressed the Council expressing his concem for losing additional lots if he did nct receive the vacation of all the area requested. Other...........wl.:.uts were made by the audience in favor of the vacation. (The tape will be kept on file in the Office of the City Manager as the official record of the public hearing.) . Discussion by the Council followed. It was the consensus of the Council that the vacation be granted with the exception of that portion of Willow Beach Trail lying west of Willow Lane. Hr. steffens then requested that the public hearing be continued at a later date 1ta StefffllS to provide him the o~rtunity to replat the developnent without the vacation of MliC~" the portion of Willow Beach Trail. Omt:bud " - Motion was made by 'lborkelson, seconded by Busse, to continue the ptblic hearjng on Monday, October 7, 1985 at 8:00 p.m., and upon a vote taken, was duly ptSsed. A three minute recess was then called. Mayor Johnson called the meeting back to order a 9: 35 p.m. '!'be next item on the agerda was to consider the John Craig variance denial at"~al. City Planner Graser indicated the applicant's request for a variance fran the maxinun 800 B:;IUare foot accessory structure to construct a l,500 &quare foot garage had been denied by the Planning C-u.uission. '!be discussion was o~ned to the audience and John and Denise Craig addressed the Council. Discussion by the ~tmcil, staff and audience followed. ltt>tion was made by Scott, seconded by Busse, to deny HI. Craig's application for J. Craig ~ a 1,500 square foot accessory structure since the applicant failed to show afar 1!JX) .:.~.JC. hardship arx1 since the structure is well beyom the code and would set aDeni.ed dangerous precedent, and upon a vote taken was duly psssed. '!'be next item on the agenda was the <;9nsideration of the developer's agreenent for Prior View. City Engineer Anderson presented the agreement to provide installation of street, water, Sewer and sidewalk on Five Hawks Avenue and the internal private roads. He ilX1icat:ed that the develo~r re:;plested the following changes: -3- , i it , "',it-,~IFtJ'" ~,:.koc..~~''''''''''''''.'_''''f~' "";"=--~N;:... ".' /:.t~---~:;'.'.'~_: .'.~ :..~".JC.,~;..,>"':'_.'_ ;~~..~;.,. . .". ~ "" ',", ~ <,~,\ \, ;" ~. " . ..;. ~;. ~~ "I." r~ I~'~.'.'~; . .'/ ) ,,! " ~ <t; ~\: '.~ '1!'i I ~Ij..: .~ ~. ,Jo.;., ~p a~ ')...... fl- ~....'.\>'..':.' .~ I ~ I:~~.j . . ~ 'to.: f' ~; :i >: ~,: -.be [ii "'~ ,f!~ .~ . . . l ~ III .... l. 'l11e description of the land be changed fran "Five Hawks First Addition" to "Prior view Secooo Addition". ~ 2. Page 2, Item .4, add "See Schedule A, Sheet 4". 3. Page 2, Iten '5, add "There are no ~rovements that the City is installing." 'l11e next item on the ageroa was to consider an amerdnent to the zoning Code Ordinance. City Planner Graser indicated that the Planning Q..lIuJ.ssion was recaratending the following change regarding the corxlitional use permit: "A variance or conditional use shall becane null and void one year fran the date it was granted unless appropriate t=eonits have been issued to iq;)1ement it's PJI'POse." Discussion by Council and Staff followed. l-k>tion was made by 'lhorkelsoo, Sdmule: seconded by Busse, to hold a public hearing on October 21, 1985 at 8: 00 p.m. to to AlIeni : consider revising the ZOl1i.~g Code Ordinance to inplement the variance and COOc Ord. \,uuJitional use tine limit, and upon a vote taken, was duly plSsed. City Attorney Kessel was requested to have the at'1J&.opriate statenent ready before the public hearing for consideration and review. '!'he next item on the agenda was the consireration of Resolution 85-20. City Manager McGuire explained that the tax levies were J:::8rt of the 1986 atdget but they needed to be adopted under a separate resolution. Discussion by the Council followed. l-k>tion was made by Busse, seconded by Scott to adopt Resolution 85-20 Res 85-3) Author izing the Scott County Auditor to Lf!Ny Taxes Payable in 1986, and upon a 1~ Levy vote taken, was duly passed. TClw"';"'s ~ Econanic Developnent Director Unnacht gave a r'l:.}:'vrt of the Econanic Develv1'"'..~t o...uuJ.ttee and stated that he was presently atterx1ing the Star Cities Conference this week. City Manager Md:iuire rec....,..,..:.rv3ed the establishment of a Building Cul~J.ttee to act on change orders that need inmediate attention during the construction of the City 001 Expansion. l-k>tion was made by 'n1orkelson, seconded by Busse to ~ t establish a Building <:UllA,J.ttee consisting of CouncilJDellt>er Busse, City Manager for City 1 McGuire and Mayor Johnson, and upon a vote taken, was duly p!ssed. Arilitim Mayor Johnson indicated the lights for the new office building on Higbiay 13 and County ~d 42 are still creating a glaring problem on the intersection am asked that Staff correct it. He also c..........:.nted that the traffic light at that intersection is not vt-Crat!ng pr.vl~rly and asked that Staff check into that. to -4- .~~1;Iit3t~- -"''''''''''''' """'.....:.,:. ''''".''',.' 4.'....._,. "';' '.~ ". ,,.;., -=-::-:-_-_.._~_ .e-. _ _. _._ _ _ _ _ _ _ _ _ - _ _ _ _ _ - - - - - - - - NOV- 2-88 WED 12:34 0 ..' P . 0 1 . , MEMORAND11M TO: Priorwood Townhomes Limited Partners FROM: General Partners DATED~ November S, 1987 RE: Status oC Project At the present time, completion of development of the PriorwQoo....Townhomcs PrQj~ is stalled and the prospects for comptetion of the devdoprnCnr'in the immediate future do not appear favorable. The original Priorwood Townhouse Project Offering Memorandum provided for 34 units of townhomes to be constructed in two phases, the first phase consisting of 20 units and the second phase consisting of 14 units. Nine units were completed in the fall of 1985 and the construction of J 1 units (which are only partially completed) was commenced in ) 986. The remaining 14 units were to be constructed on land to be purchased by the partnership following completion of the first 20 units. The difficulties with respect to the project center around two factors: (a) The problems encountered with the city of Prior Lake; and (b) The difficulties in obtaining construction and end loan financing for townhouse units. The general partners were a bte to obtain a $400,000.00 construction loan commitment Cor the first nine units of the town homes only by agreeing to purchase five lots (Lots I through S, Holly Court) from the First National Bank of Cannon Falls who su bsequen Uy agreed to become the. construction lender. The lots were purchased from First National Bank of Cannon Falls for the sum of $30,000.00 in cash pai~ by the general partners with the idea that these lots would be added to the PUD and increase the number - of units that would be available for construction. The addition of the lots would aJlow for the amendment of the existing P.UD.....by increasing densities and therefore spread the cost of improvements over a larger "umber of units. The need to acquire the additional acreage and to spread the improvement costs over a larger number of units was necessitated by virtue of several factors: (a) Higher than projected costs in connection with the development of the first phase of the project. City planners and engineers insisted upon jnstaJlat.i~8 of Priorwood Lane~ at an increased development cost of $40,000.00. Te~~ J::::-" street, which borders the north side of the existing 20 unit phase, is '(lOC necessary to access the project and dead ends at the northeast property lirn.. In all likelihood, the street will never conn~ct with the existin, streets tying one~ha)r mile to tnenorthcast since the orooosed roadway abutts a nood- plain on the north and the configuration of the property on the south docs - ------------------------------------------------------------------------------------------------------- ~ov- 2-88 WED 12:35 0 P.02 I . not lend its~f to d~veJQpm~nt. In other words~ city planners required installation of a useless dead-end rQad. Additional cost overruns were created as a result of conflicts between the project engineer a.nd the city engineer. The final grading and preparation of the Five Hawks Avenue roadway for blacktopping in Phase I was completed in July of 1985. However, the project engineer did not obtain approval for installation of blacktopping until November, 1985. At that time, the final road preparation had to be redone at a cost of approximate~ $10,000.00 due to erosion occurring over the summer as a result of hea~/"',~ rainfalls. Due to the late fall weather and previous adverse soil condition~ in the roadway area, the city engineer required the installation of ti2h~ inche~ of .blacktop in portions of the roadway (as opposed to city code requirements of 3 1/2 inches) as a pre-condition to allowing the issuance: of occupancy perm-its"on the 9 units which were 'being completed. Additional costs of thC'" blacktop arc estimated to be S I O~OOO.OO. The partnership is presently in litigation with the previous engineering firm over these cost overruns amongst other issues, while the engineer is asscrting that the blamc for the blacktop overruns lies with the city. (b) In addition to the increased costs for the first phase of the townhouse development, the city is requiring the installation of the balance of the Five Hawks roadway in connection with Phase II which was anticipate.d:e: However, the city is requiring the developer to bear the entire cost of storm scwer, oversized culverts necessitated by a creek that flows through the property~ and the installation o( dams and other water control structures. The original PUD approved by the city provides for 20 units in Phase I, 14 units in Phase II, and 24 units in ~hase III with the cost of the improvements to be prorated over a total of 48 units. However, after obtaining the estimates of the costs of installa tion of the roads and improvements from the project engineers and taking into consideration the cost overruns in Phase I~ the decision was made to immediately incorporate the additional Holly Court acreage in the PUD in an attempt to increase densities and spread the higher development costs over the larger number of units. Thus, tbe general partners proposed incorporating the Holly Court lots in the existing Priorwood PUD with the hope that these lots would be rezoned from R.2 (duplex) lots to R-3 (multi-family) thereby providing enough acreage to increase the densities and make the development economically feasiblc. However, subsequent to the purchase of the Hotly Court lots~ the front two lots, which are unbuiJdable by virtue of the creek flowing through them, were assessed approximately S14~OOO.OO by the city for roadway impro~eme?ts.. This necessitat~l deleting these lots from the proposed'1lmended. pun to aVOid pickIng up S 14,OOO.OO~ · special assessments as a project cost. (As a point of interest, the Jdjoining land owner J5 litigating lhcspceial assessmenlS with th,c eily.) ?-/v'sJ'e/. . The partnership's new engineers then proceeded to develop a site plan involving the remaining buildable Holly Court property and the balance of the Priowood PUD. Bills totalling approxima teJy S) 0,000.00 ha ve been incurred with the new engineers, with a 2 --- - -------- --------------------------------------- -- ------- ----- --- -- - ---------- -- -- - -- -- - --- - - -- NOV~ 2-88 WED 12:36 0 P.03 . . . . bulk of the fees being generated in drawing revision after revision of site plans9 grading plans. etc. that would meet with the approval. of city staff and the planning commission. The last site plan to be reviewed by the city plannjng commission provided for 48 units () 4 of which would be a part of the Priorwood Townhouse Project). This proposal was rejected by the planning commission last spring. The rejection was based upon: ~0 Alleged increased densities of units. (The proposed densities ror the ~ units resulted in an overall density of 6 to a units per acre in the Priorwoo PUD, as amended, while the densities in Phase I of the PUD [the condominiums) contain as many as 16 units pet acre.) (a) (b) Failure of the plan to include a J.S acre tot Jot. (The original approved PUD provided for a tot lot in a flood plain area which was to be filled. The city now says its policy restricts fi-lling the flood plain. Building a 1.5 I acre tot lot on the limited buildable acreage available results in the loss of I' ".'J/}I.(- approximately 12 units.) ;,~1Jl!(,,: Il/vc1 J "", Neighborhood opposition. (Neighbors to the north are understandably.......1~4b je;~" opposed to a connection or Five Hawks Avenue which will access the Whole t"., rfl.t south end of Prior Lake to Highway 13 and turn their neighborhood street 'J~' I into a major thoroughfare.) v (c) During the spring and throughout the summer, the general partners continued to seek construction and end loan financing for the II units which are only partially completed. However, we have been repeatedly rejected by financial institutions based upon the small size of the project (for a rental project). Lenders dealing with rental projects arc interested in multi-million dollar packages in the $2 to $) 0 million range. Consequently, we once again approached city officials in October with a compromise plan for 36 units which was in fact below the originally approved density of 38 units. This time~ however. we proposed eliminating the road (and as a result9 the expensive water control structures) and suggested that if the city felt this road should be installed (in spite of neighborhood opposition) to access the neighborhoods to the south end of Prior Lake, that the road should be a public project and not the burden of the developer. The city planner. and city engineer have rejected this proposal as well. ,.,,0 I ~, I . h h. I b~ hI. .. ~ cW ;~!V We are ~I.a to r'=Quest t a! I 1S proposa e p a .__on t e ~ a.nnJn~ cOm~]SSl~n Ir I ',~ Vi agenda in No'!,..embcr or December In any event an~ orce t~c commISSion to conslder It. f ",cI~ We wiIJ notify aU partners of this agenda night and ~that you consider attending to .. r U' experience for yourself the frustrations and difficulties we are encounterins with this \ivY' · t . I proJec . ~ If the planning commission turns down this proposal as we anticipate, the only alternative will be to continue our efforts to locate financing to complete the construction of the I I units and then to sell ,the 20 units as a rental project incorporated in the existing 48 condominium units. The maximum sale price that couJd be achieved in connection with the sale of units as a rental project is $55,000.00 per unit which would general gross proceeds of $1.200,000.00 before any commissions or other expenses of sale. After retirement of 3 _ _ _ _ _ _ _ _ _ _ _ _ _ ... _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4 _ _ ... - - - - - - .. - - - - - - - - - - ... ... - - - ... - - - - - - NO~- 2-88 WED 12:37 0 P.0'4- ... . existing bank and mortgage debt of S530.,000.00, together with prospective mortgage debt of S45S,OOO.OO, there would be capital available for return of the partners assumin.gthat $55,000.00 per unit sale price is realized. Anotber alternative Is to hold the units for sale as individual town homes. This appears to be a lengtby proposition based on the slow townhome market. After computing holding costs, sales and marketing expenses, and the projected sale price of the units, the sale ot the units as a rental project appears to afford a better chance for returning capital. Ii by some stroke of luck we are able to obtain approvals from the plan!)i1fAt'~ ') commission and the city counsel for the 36 unit project., we will attempt to ot'tain / construction and end loan financing for the balance of the project, complete construction and sell the project, thereby hopefully recouping a larger percentage of limited partners' investments. In closins, we would like to point out that the general partners have never encountered difficulties in developing and building property has been the case in Prior Lake. Mr. Knoblauch has been involved in construction and development for over 30 years, while Mr. Steffens bas worked on projects for almost 10 years. For example, in Mayor 1986, the general partners completed the acquisition of a 150 unit townhouse apartment site in Burnsville. Financing to the tune of $7,000,000.00 was obtained through Turan & Moody Cor the project. Construction was commenced in June of J 986 and completed in May of 1987. The units arc now 95% occupied and the project is totally complete. AU city approvals and negotiations regarding densities, etc. were completed with the city within 60 days. Unfortunately, deaJing with city staff and planning commission members as well as city council members in Prior Lake has proved to be frustrating. The general partners spent almost two years negotiating with the city over the development of a single family 43 lot subdivision south of the townhouse project and as a result,. lost thousands of dollars of invested capital. The only conclusion reached to date is that Prior Lake is not ,the location to undertake development iiithe future~ We will keep you abreast of our progress., but in the interim, if any of you have comments or questions regarding the information outlined above, please contact either Tom Steffens or Joe Knoblauch at 920-5554. The General Partners d ~()!J 117 " 4 ,.. HERITAGE 1891 COMMU~l i y 1991 r9J!l(!)}( 2Q9f REGULAR COUNCIL MEETING AGENDA REPORT Tuesday, September 3, 1991 CALL TO ORDER 7:30 p.m. 1. Pledge of Allegiance 2. Minutes of The Previous Meeting and Special Meeting - see attached. 3. Consent Agenda: a) Consider Approval of Invoices To Be Paid (will be distributed at the meeting). Consider Approval of Ordinance 91-07 Accessory Structures. On August 19, 1991 the Prior Lake Cit~ Council reviewed the ordinance and directed lt be placed on the consent agenda for approval. Staff recommends approval of Ordinance 91-07 as part of the consent agenda. Consider Approval of One Day Temporary 3-2 Beer Permit for VFW. The Prior Lake VFW has requested a one day Temporary 3.2 Beer Permit for the Prior Lake Fire Department's annual Chicken Barbecue. The Beer Permit will be effective on September 8, 1991. The fee has been paid and appropriate insurance has been provided. Attached is a copy of Club Manager, Bernie Gearin's, letter of request. Staff recommends as part of the consent agenda, approval of the 3.2 non-intoxicating beer permit for September 8. Motion as part of the consent agenda is in order to approve the temporary beer permit. Consider Approval of priorview Second Addition Final Plat - see attached staff report. b) c) - '....... 4. Presentation of certificate of Appreciation to Darcy Running - see attached staff report. 5. Consider First Draft of Ordinance 9l-10 Amending Fire Arm Regulations, Chapter 10, section 4. At direction of the Prior Lake City council, city Attorney, Glenn Kessel, has drafted a revised 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE 1891 COMMUNITY 1991 CJ8"J'g()JV 20...91 MINUTES OF THE CITY COUNCIL September 3, 1991 The Common Council of the City of Prior Lake met in regular session on Tuesday, September 3, 1991 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Larson, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, Public Works Director Anderson, Planning Director Graser, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the August, 19, 1991 Prior Lake city council meeting were reviewed by Council. Councilmember Scott noted that on page 4, paragraph 6, the next meeting date was erroneously reported as being on September 16, it should have been September 3. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE MINUTES ~~~ AS AMENDED. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The minutes of the Special council meeting on August 14, 1991 were reviewed by Council. MOTION MADE BY SCOTT, SECONDED BY FITZGERALD, SPECIAL MEETING MINUTES AS SUBMITTED. TO APPROVE 5pe.c1-al.. THE fr} e. e:t.i.n.g. frJi.Jw.:t.~ Upon a vote taken, ayes by Andren, Fitzgerald, Larson and Scott. the motion carried. White abstained due to the fact he had been out of town and did not attend this meeting. The next order of business was approval of the Consent Agenda as COn4~ follows: Ag.enda a) b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of Ordinance 91-07 Structures Consider Approyal of One Day Temporary 3-2 for VFW Consider Approval of priorview Second Addition Plat B-i..-UA Accessory O/Ui 91-07 Beer P . t A..-1/.J. 5.tA.u( erm~ VFW 3.2 Final Bee.JZ. fJemn. fJ/l1..oA..V.Lew 2nd F i..nal. 'Pia;/:. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 Minutes of the Prior Lake city council September 3, 1991 Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was: Presentation of Certificate of Appreciation to Darcy Running. Assistant city Manager Schmudlach introduced Darcy Running and reviewed Mr. Running's contributions to the Economic Development Committee over the past years. Ms. Schmudlach noted that Mr. Running will continue to serve on the star city Subcommittee. Mr. Running introduced his family who were present. Mayor Andren presented a certificate of Appreciation to Mr. Runnin9 and on behalf of the city council thanked him for his contribut1ons. CeJLti..tlcc. 01- A pfYl-eua;t ;to OG/1..cy. fJ..unJ'l.i.n.f} The next order of business was: Consider First Draft of Ordinance 91-10 Amending Fire Arm Regulations, Chapter 10, - Section 4. City Manager Unmacht briefly reviewed the back9round and stated that this 1S the first draft of the proposed ord1nance for the purpose of receiving citizen input. Dave Moran, 14408 Watersedge Trail, representing the Sportsmans Club, presented a request that the Council postpone acting on this issue until the Club (which was meeting on this same night to discuss the ordinance) could be in attendance to address their concerns. One specific concern had to do with section 10-4-6 (Hunting on Lakes). The following residents adjacent to and owning land around Pike Lake spoke in favor of the ordinance and addressed the Council with their concerns with regard to hunting on the lake and other safety issues: Chuck Pavlish, 4262 NE 140th Street Mona Leppla, 4250 NE 140th street Wayne Leppla, 4250 NE 140th Street Dave Baden, 13866 NE Pike Lake Trail Ted Finholt, 4250 NE 140th Street Edith Finholt, 4250 NE 140th Street Extensive discussion followed regarding trespassing and hunting on and around Pike Lake, details of the ordinance and whether this ordinance would ban hunting on land around the lake as well as on the lake. Council consensus was for the residents to meet with members of the Sportsmans Club prior to the next Council meeting in order discuss their differences and for the purpose of reaching a mutual agreement on the ordinance. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO TABLE ACTION ON ~ 91-10 ORDINANCE 91-10 UNTIL SEPTEMBER~16. Tabled ClR 91-10 F iA.. e.aAITlA O/l.d fJ i..k. e. Lak e Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at '1":45 p.m. 2