HomeMy WebLinkAboutJanuary 6, 2003FRANK BOYLES
TO:
SUBJECT:
December 27, 2002
MAYOR HAUGEN AND CITY COUNCILMEMBERS
January 6th Work Session
A work session is schedUled for 5:30pm on January 6th to discuss the following topics:
· Fences in Front Yards
· Purchasing Policy
A light dinner will be served. Below is some background information for the City Council.
Fences in Front Yards
Mr. and Mrs. Tim House appeared before the City Council last year requesting that the Council amend
the existing zoning ordinance relating to fences. The House's wish to install a 6 ft. 100% opaque fence
along their property line as it abuts Carriage Hills Parkway. The existing ordinance defines two front
years for corner lots such as the Houses. Along front lot lines, fences may not exceed 4 feet in height
and 50% opacity.
This matter was referred to the Planning Commission which elected totake no action on the request as
it was their opinion that the existing ordinance was proper. Subsequently, the City Council conducted a
work session to discuss some proposed revisions to the zoning ordinance. The Council seemed to
support some revision to the ordinance which would allow a 6 ft. 100% opacity fence along the Carriage
Hills front lot line from the back of the lot to the rear most corner of the structure. Mr. House then
contacted the City again saying that the proposed amendment would not address his concerns.
As a result, the matter was deferred and placed on this work session agenda to afford the Houses the
opportunity to address the Council. For your information, I have attached the agenda report whichyou
would have considered at your last meeting and our most recent correspondence from the Houses.
Purchasinq Policy
Minnesota Statutes §471.345, the Uniform Municipal Contracting Law, sets forth the basic purchasing
requirements for local governments. Prior Lake City Code and the City's Purchasing Policy further
articulate the Council's expectations regarding purchasing matters. The most recent revision both the
City ordinance and the Purchasing Policy increased the bidding threshold from $15,000 to $50,000
consistent with State statute. The revised threshold raises a number of questions especially with
respect to the purchase of professional services.
Since this is the first meeting of the year, and because we have never really reviewed the Purchasing
Policy with at least three current Councilmembers, this seems like a good topic of discussion for the
January 6th work session. Attached for your information is a copy of the Council's present Purchasing
Policy.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
MEMORANDUM
TO:
Mayor and City Council
FROM:
Cynthia Kirchoff, AICP, Planner
DATE: January 6, 2003
Fences in Front Yards
The purpose of this memorandum is to provide an overview of the existing fence ordinance
and outline the proposed amendment that would allow 6 foot fences in the required front
yard setback.
BACKGROUND
The proposed zoning ordinance amendment would permit fences greater than 4 feet in
height in the front yard setback along the side street of a comer lot. This amendment was
initiated by direction of the City Council.
A resident, who resides on the comer of Carriage Hills Parkway NE and Nightingale Circle
NE, would like to install a fence 6 feet in height along Carriage Hills Parkway (a front yard,
which is also a side yard abutting a street). The zoning ordinance limits the height of fences
within the required front yard setback to 4 feet and opacity to 50 percent.
On October 28, 2002, the Planning Commission held a public hearing on this amendment.
Tim House, 14458 Nightingale Circle NE, spoke about the need for an amendment to allow
for the installation of a 6 foot fence within the front yard setback along Carriage Hills
Parkway (see Attachment 2).
The Planning Commission recommended denial of the proposed amendment by a vote of 3
to 1. The majority of the Commissioners could not support the amendment because the
fence ordinance was recently amended after extensive research; there has not been an
overwhelming amount of requests to change the existing ordinance; and allowing 6 foot
fences along collector streets could create an aesthetic issue (i.e., a "tunnel effect") and
interfere with public safety. Meeting minutes are included in Attachment 7.
On November 4, 2002, the City Council reviewed the subject zoning ordinance amendment
and tabled the item to direct staff to schedule it for a City Council work session to clarify
yard requirements and the implications of the amendment. The City Council discussed the
implications of the existing and proposed ordinance at a work session held on November 18,
2002. At this meeting the Council directed staff to revise the amendment to include
Mayor and City Council
January 6, 2003
Page 2
language requiring the fence to be located behind the principal structure along the front lot
line, and to be outside the 50 foot sight triangle on those comer lots with garages that have
direct access to the collector roadway.
The City's interest in regulating fence height and opacity is to protect the health, safety, and
welfare or community aesthetics and traffic visibility. Property owners desire to install
fences to provide a physical barrier and delineate property lines. The zoning ordinance
attempts to protect both interests.
The current ordinance permits fences within the required front yard to be a maximum of 4
feet in height and 50 percent opacity and 6 feet in height in the required side and rear yards
(see Attachment 3). For properties abutting an arterial street, fences may not exceed 8 feet
in height along the property line that abuts the arterial street.
Comer lots are not spedfically addressed in the fence ordinance. However, the zoning
ordinance requires a front yard setback on each street on a comer lot, and fences in front
yards are limited to 4 feet in height and 50 percent opacity. (Note: Attachment 4 illustrates
current standards for fence height and opacity on two types of comer lots. The dashed lines
indicate the possible location of a fence.) On through lots (or those that front two streets
running parallel), a 6 foot fence can be located in one front yard provided it does not
encroach into the 50 foot sight triangle and is located within that portion of the lot used as a
rear yard.
DISCUSSION
Staff prepared the following zoning ordinance amendment permitting fences on comer lots
to be a maximum of 6 feet in height (see also Attachment 1). Language incorporating the
direction provided by the City Council at the work session is underlined.
A fence on a corner lot shall be subject to the following conditions:
1. The fence shall not exceed 6 feet in height along the side street lot line.
2. The front yard shall be determined by the location of the garage. The direction
the garage is facing shall be considered the front yard.
3. For a corner lot with driveway access on a collector street, the fence shall not be
constructed within a sight triangle described as beginning from a point at the
intersection of the extension of the existing curb lines of the street or pavement
edge and driveway, and extending 50 feet along the edge of the street and along
the length of the driveway to the garage front. This defines two sides of the
triangle. The third line is a line connecting the end points of the two sides
described above.
4. The side street shall be designated as a collector street in the comprehensive
plan.
5. The fence shall be located behind the rear corner of the principal building or
detached accessory structure along the front lot line.
L:\02FILES\02ordamend~zoning\02-106 fence\cc memo 01.06.03.doc
Mayor and City Council
January 6, 2003
Page 3
Attachment 5 illustrates how the ordinance amendment would impact fence installation for
the traditional comer lot and the comer lot with the access on the collector street. The
dashed line on the illustration indicates the possible location of a 6 foot solid fence. (Note:
Mr. Tim House has responded to the additional language in an email located in Attachment
8. He would like to see language that would allow a comer lot on a cul-de-sac to have a 6
foot fence up to the front comer of the dwelling.)
Policy for Amendments:
The City Council must make the determination whether to amend the ordinance based on
the following criteria:
There is a public need for the amendment.
The amendment will allow comer lots to have a 6 foot fence along the side street lot line
that abuts a collector street, which will allow more privacy in the rear yard.
)~ The amendment will accomplish one or more of the purposes of the Zoning
Ordinance, the Comprehensive Plan or other adopted plans or policies of the
City.
one purpose of the zoning ordinance is to "protect the residential, business, industrial, and
public areas of the community and maintain their stability." The proposed amendment will
protect the aesthetics of the properties that abut collector streets.
The adoption of the amendment is consistent with State and/or federal
requirements.
This amendment is not inconsistent with any State or Federal regulations.
The City Council could consider extending the right to install a 6 foot fence in the side yard
abutting a street on a comer lot to any such lots within the City, rather than just limiting it to
properties abutting collector streets.
CONCLUSION
Allowing a fence 6 feet in height along the side street of a comer lot abutting a collector
street is in keeping with the height permitted in side and rear yards on "typical" lots and in
the front yard used as a rear yard on through lots. The side street must be a collector street,
which tends to have more traffic than a local street. (Note: Collector streets by definition
have 1 to 2 lanes and are designed for long trips within the city and have access to and from
arterial streets. For the street classification map see Attachment 6.) The fence must also be
located behind the rear comer of the prindpal building or a detached garage so as to limit
the "tunnel" effect of 6 foot fences along collector streets.
Furthermore, the amendment would allow a comer lot with a side loading garage or
driveway access via the collector street to have a 6 foot fence provided it is located outside
of the 50 foot sight triangle.
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Mayor and City Council
January 6, 2003
Page 4
The Planning Commission, however, recommended denial of this amendment on the basis
that solid fences abutting collector streets could create safety and aesthetics issues.
ATTACHMENTS:
1. Proposed ordinance amendment
2. Letter from Tim House received on October 28, 2002
3. Current fence ordinance
4. Site plans illustrating current ordinance
5. Site plans illustrating amendment
6. Street classification map
7. October 28, 2002, Planning Commission meeting minutes
8. Email from Tim House dated November 27, 2002
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ATTACHMENT I
CITY OF PRIOR LAKE
ORDINANCE NO. 03-XX
AN ORDINANCE AMENDING SECTION 1101.504 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
lo
Section 1101.504 of the Prior Lake City Code is hereby amended to add the paragraph as
follows:
~A fence on a corner lot shall be subject to the following conditions:
1. The fence shall not exceed 6 feet in height along the side street lot
line.
2. The front yard shall be determined by the location of the garage.
The direction the garage is facing shah be considered the front
yard.
3. For a corner lot with driveway access on a collector street, the
fence shall not be constructed within a sight triangle described as
beginning from a point at the intersection of the extension of the
existing curb lines of the street or pavement edge and driveway,
and extending 50 feet along the edge of the street and along the
length of the driveway to the garage front. This defines two sides
of the triangle. The third line is a line connecting the end points of
the two sides described above.
4. The side street shah be designated as a collector street in the
comprehensive plan.
5. The fence shall be located behind the rear corner of the principal
building or detached accessory structure along the front lot line.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this __ day of ,2003.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
day of ., 2003.
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*
ATTACHMENT 2
GOOD EVENING LADIES AND GENTLEMEN OF ~ PRIOR LAKE
PLANNING COMMISSION. I WANT TO THANK YOU FOR ALLOWING ME
THE TIME TO ADDRESS YOU THIS EVENING.
MY NAM~ IS TIM HOUSE, MY ADDRESS IS 14458 NIGHTINGALE CIRCLE,
NE, PRIOR LAKE, MN 55372. OUR HOUSE RESIDES ON THE CORNER OF
NIGHTINGALE CIRCLE & CARRIAGE HILLS PARKWAY.
I AM ~THIS EVENING TO SPEAK IN SUPPORT OF AN AMENDMENT TO
THE ZONING ORDINANCE THAT WOULD ALLOW 6 FOOT PRIVACY
FENCES IN TH'E SIDE YARD FOR PROPERTIES THAT HAVE
CIRCUMSTANCES SIMH.AR TO OURS (I.E. ALONG PRIMARY ROADWA YS,
CORNER LOTS, ETC). BY AMENDING ~ ZONING ORDINANCE IT WILL
ALLOW ME TO INSTALL A SIX FOOT PRIVACY FENCE ON MY PROPERTY
LINE, WFI~CH PARALLEL'S CARRIAGE HILLS PARKWAY. I WISH TO
INSTALL 140 FEET OF MAINTENANCE FREE VINYL FENCING.
THERE ARE SEVERAL REASONS WHY I WANT TO INSTALL A SIX FOOT
PRIVACY FENCE, THEY INCLUDE:
1. THE HIGH LEVEL OF AUTOMOBILE TRAFFIC ON CARRIAGE
HILLS PARKWAY.
2. THE HIGH LEVEL OF PEDESTRIANS USING THE SIDEWALK,
WHICH IS BETWEEN OUR PROPERTY LINE AND CARRIAGE
HII.I.S PARKWAY, FOR WALKING, CYCLING,
ROLLERBLADING, SKATEBOARDING, ETC.
3. RESIDENTS THAT WALK TITEIR PETS ON ~ SIDEWALK
ALLOW TH'FIR ANIMALS TO USE OUR YARD AS A WASTE
4. SNOWMOBILES USE OUR YARD AS THEIR WINTER PLAY
GROUND, WHICH CAUSES THE DESTRUCTION OF OUR
PLANTS, BUSHES AND SMALL TREES.
5. AND OF COURSE- PRIVACY
BACK ON AUGUST 19, 2002 1 SPOKE TO THE CITY COUNCIL AT IT PUBLIC
FORUM REGARDING THE CITY'S PRESENT FENCE ORDINANCE. AT
THAT TIME I PRESENTED TO THEM THAT I HAD HAD SEVERAL
CONVERSATIONS OVER THE PAST TWO MONTHS WITH STEVE
HORSMAN, ZONING ADMINISTRATOR FOR THE CITY. ACCORDING TO
STEVE, THE PRESENT CITY FENCE ORDINANCE DOES NOT ALLOW ME
TO INSTALL A SIX FOOT FENCE ON MY PROPERTY LINE BECAUSE,
ACCORDING TO MR. HORSMAN, MY SIDE YARD IS CLASSIFIED BY THE
CITY FENCE ORDINANCE AS MY FRONT YARD.
IT NEVER OCCIHLRED TO ME, PRIOR TO TALKING WITH MR. HORS~,
THAT MY SIDE YARD, WI:HCH FRONTS CARRIAGE I~rI.LS PARKWAY,
WOULD BE CI.~SSIFIED AS MY FRONT YARD, wi:rICH FRONTS THE
CULDESAC OF NIGHTINGALE CIRCLE. WOULD THE AVERAGE TAX
PAYING CITIZEN OF PRIOR LAKE UNDERSTAND THAT THEIR SIDE
YARD COULD POSSIBLY BE CONSIDERED THEIR FRONT YARD? I WAS
COMPLETELY SURPRISED THAT MY SIDE YARD IS MY FRONT YARD
ACCORDING TO THE CITY'S FENCE ORDINANCE.
DURING THE CITY COUNCIL MEETING, THE COUNCIL BELIEVED A
ZONING ORDINANCE CHANCRE WAS WORTH DISCUSSION AND
DIRECTED THE STAFF TO INITIATE THE PROCESS Ti:rROUGH THE
PLANNING COMMISSION.
THE SECOND PART OF THE CITY'S FENCE ORDINANCE PERTAINS TO
THE OBSTRUCTION A FENCE WOULD CAUSE AT AN INTERSECTION./ON
MY PROPERTY, THE "PROPERTY MARKER" FROM THE BACK OF MY
PROPERTY TO THE FRONT OF MY PROPERTY, wi:rICH PARALLELS
CARRIAGE lq-rI.I.S PARKWAY, MEASURES IN ACCESS OF 205 FEET. I
WOULD LIICE TO INSTALL 140 FEET OF FENCING, BEGINNING FROM
THE BACKYARD "PROPERTY MARKXR."/WITH MORE THAN 65 FEET
REMAINING TO MY FRONT YARD "PROPERTY MARKER," TI:nS MORE
THAT MEETS ~ PROVISION IN THE CITY'S FENCE ORDINANCE THAT
STATES:
"NO FENCE, ~rl~DGE OR WALL OR VISUAL OBSTRUCTION OF
ANY KIND SHALL BE PERMITi'ED WI:HCH IS NOT IN
COMYL~CE WITH SUBSECTION 1101.506 (50 FEET
CLEARVIEW TRIANGLE)."
BY CHANGING THE PRESENT CITY FENCE ORDINANCE TO ALLOW
RESIDENTS, INCLUDING OURSELVES, TO INSTALL SIX FOOT PRIVACY
FENCES ON THEIR PROPERTY LINE, WILL NOT IMI'~ AN ADEQUATE
SUPPLY OF LIGHT AND AIR TO THE ADJACENT PROPERTY,
UNREASONABLY INCREASE THE CONGESTION IN THE PUBLIC STREETS,
INCREASE THE DANGER OF FIRE, OR ENDANGER PUBLIC SAFETY.
MOREOVER, THE CHANGING OF THE CITY'S FENCE ORDINANCE, WILL
NOT UNREASONABLY IMPACT ~ ~ CHARACTER AND
DEVELOPMENT OF ~ NEIGHBORHOOD, UNREASONABLY DIMINISH
OR IMPAIR ESTABLISHED PROPERTY VALUES IN THE SURROUNDING
AREA, OR IN ANY OTHER WAY IMPAIR ~ HEALTH, SAFETY AND
COMFORT OF THE AREA.
BY CHANGING THE PRESENT FENCE ORDINANCE TO ALLOW US TO
INSTALL A PRIVACY FENCE WILL NOT MERELY SERVE AS A
CONVENIENCE TO MY WIFE AND I, BUT WE BELIEVE IS NECESSARY TO
ALLEVIATE A DEMONSTRABLE UNDUE LACK OF PRIVACY. I
CERTAINLY WELCOME THE PLANNING COMMISSION OUT TO OUR
PROPERTY, SHOULD THAT BE NECESSARY.
WITH THAT SAID, LADIES AND GENTLEMAN OF THE PLANNING
COMMISSION, PLEASE CONSIDER TO AMEND THE PRESENT CITY'S
FENCE ORDINANCE TO ALLOW US TO INSTALL A SIX FOOT PRIVACY
FENCE ON OUR PROPERTY LINE. THANK YOU FOR YOUR TIIVIE THIS
EVENING.
· ATTACHMENT 3
1101.504Fences. Fences may be permitted 'in required yards, subject to the following
provisions:
(1)
The height of fences and walls permitted in required yards shall be limited.
The height shall be measured from the ground level to the top of the fence
or wall section. Fence posts may extend no more than 8 inches above the
required height limit of a fence· In the case where the fence section has
variable heights, the height of the fence shall be the average height. Fence
heights shall be limited as follows:
A fence or wall shall not exceed 6 feet in height if it is located in any
side or rear yard·
A fence or wall may be located in a front yard if the fence or wall
does not exceed 4 feet in height and 50 percent opacity. Fences in
the front yard shall be limited to decorative fences, such as picket
fences, split rail fences and decorative iron fences. Chain link fences
are not permitted in the front yard. (amd. Ord. 00-07- pub. 6/!0/00)
A fence or wall shall not exceed 8 feet in height if the yard in which it
is placed abuts State Highway 13 or County Roads 21, 42, 82 or 83.
A fence or wall exceeding 8 feet in height may be allowed if placed
in any side or rear yard separating a commercial or industrial use
from a residential use, a school, church or other public building.
A fence or wall may exceed 6 feet in height in any side or rear yard
when it is installed as part of a bufferyard, but may not exceed 8 feet
in height.
A fence or wall in one front yard of any through lot may be at the
height permitted in a rear yard if it complies with all of the provisions
of subsection 1101.506, is used as a rear yard, and the fenced yard
used as the rear yard does not adjoin a yard used as a front yard.
(2)
Where a fence or wall 6 feet in height or less is used as part of an animal
kennel or run, it may not be located in any required side or front yard, and it
shall be located at least 10 feet from any rear lot line.
(3) Temporary snow fences shall be permitted in any yard from November 1st
to Apdl 1st.
(4) No fence, hedge or wall or visual obstruction of any kind shall be permitted
which is not in compliance with subsection 1101.506.
(5)
Any fence or wall over 6 feet in height constructed as a result of this
subsection shall be constructed of a nonmetallic material and shall be 90%
opaque. It shall be considered a structure, shall require a building permit,
and shall meet all Minnesota State Building Code requirements for a
structure.
(6) No fence may be located in any public right of way.
CURRENT FENCE ORDINANCE
TRADITIONAL CORNER LOT
ATTACHMENT 4
6' SOLID FENCE
,/
4' 50% OPAQUE FENCE
-~~~.'-2~~~;~-~-~ TRAIL
COLLECTOR STREE~
50' SIGHT TRIANGLE
CORNER LOT W/ACCESS ON COLLECTOR STREET
6' SOUD FENCE
[ 4' 50% OPAQUE FENCE
'~;' II-(AIL
COLLECTOR STREET
SIGHT TRIANGLE
SITE PLANS ILLUSTRATING CURRENT ORDINANCE
TRADITIONAL CORNER LOT
' 6' SOLID
I FENCE
t
'-" __- ~~""'~-' . ......
COLLECTOR STREET
ATTACHMENT 5
0
' CORNER LOT W/ACCESS ON COLLECTOR STREET
COLLECTOR STREET
SITE PLANS ILLUSTRATING AMENDMENT
~.
0
0
0
0
0
0
0 0
T6
ATTACHMENT 7
Planning Commission Minutes
October 28, 2002
the public's interest to vacate. It was basically their opinion the City would be
causing problems for themselves. '
Criego:
· The other issue is that it is not a hardship to add a stall and a half to an existing 2
car garage, whether it is to the front, back or side. A two car garage is sufficient.
If there is a need for additional storage then the property is certainly large enough
to adapt.
Stamson:
· Concurred. That has been the Commission's stand in the past. Denied a third car
garage on more difficult lots.
· In the interest of being fair, the criteria the Commission has consistently used has
not been met.
The Commissioners agreed to deny the request.
MOTION BY STAMSON, SECOND BY RINGSTAD, TO ADOPT RESOLUTION 02-
019PC DENYING A 15 FOOT VARIANCE FROM THE REQUIRED 25 FOOT
FRONT YARD SETBACK FOR THE CONSTRUCTION OF AN ADDITION TO A
SINGLE FAMILY DWELLING.
Vote taken indicated ayes by all. MOTION CARRIED.
Stamson explained the appeal process.
C. Case #02-106 Consider an amendment to the zoning ordinance concerning
the height and opacity of fences on corner lots.
Planner Cynthia Kirchoffpresented the Planning Report dated October 28, 2002, on file
in the office of the City Planning Department.
The following zoning ordinance amendment is based upon a request from a resident, who
resides on a comer lot abutting Carriage Hills Parkway. The property owner would like
to construct a fence 6 feet in height along Carriage Hills Parkway; however, the current
ordinance only allows a 4 foot fence in front yards.
On September 23, 2002, the Planning Commission discussed the possibility of amending
the fence ordinance concerning comer and riparian lots. Overall, the Commission felt as
though the existing ordinance is adequate, and did not recommend changes to the
ordinance. However, the City Council directed staff to prepare an ordinance amendment
to allow comer lots to have a fence six feet in height along a side street.
Whether or not comer lots shall be given the right to have a 6 foot tall fence along a side
street is a policy issue. The current ordinance provisions were generally intended for
aesthetic as well as visibility purposes. Provided the fences are only placed along arterial
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Planning Commission Minutes
October 28, 2002
and collector roadways, these intentions should be carried through with this proposed
amendment.
The staffhas no objections to the proposed amendment. The proposed amendment will
offer visual protection for the "rear yard" of comer lots located on collector roadways.
Questions from the Commissioners:
Criego:
· Did City Council recommend this change or the applicant? Kansier said it was
brought before the City Council by Mr. House in an open forum. The City
Council asked to bring it to the Planning Commission for a public hearing.
Comments from the Public:
Tim House, 14458 Nightingale Circle, explained everything staff presented is what he is
looking for. House read a statement for the record in support of the amendment.
The public hearing was closed.
Comments from the Commissioners:
Atwood: · Suggested reopening the discussions the Commission had back in September
when the decision was made not to change the ordinance.
· Not of the mind to change the ordinance at this time.
Ringstad:
· Felt the Commission did not want to do anything at that time until it was opened
at a public meeting, which is occurring tonight.
· Could support the change.
· City Council brought it back for a public hearing. After hearing Mr. House speak,
would be in favor.
Criego:
· Couple of concerns: 1) of safety; If this amendment takes place, it could be a case
where stopping at any of the stop signs moving onto a parkway like that could
cause visual problems. That needs to be addressed. 2) Aesthetics of fence and the
type of fence along those parkways are important along with the maintenance of
them.
· Historically the Commission and staff have considered comer lots as two front
yards. If there are 4 foot fences, as the applicant indicated, it seems to be
appropriate on the sides except for one thing- it eliminates his concerns except
for passersby looking into his yard. It would stop the dogs and snowmobiles.
That may have more of a pleasing appearance than a 6 foot 100% privacy fence.
· These issues need to be discussed.
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Planning Commission Minutes
October 28, 2002
Understands Mr. House's desires but have to look at safety and the aesthetic
value.
Atwood:
· Part of the Commissioners' discussions in September revolved around a case by
case basis. To change the entire City ordinance for one person is not right.
Criego:
· The issue - Is there one unique situation or is it a City problem? To the best of
the Commissioners knowledge there were no other issues raised to change the
ordinance.
Stamson:
· Strongly opposed to allowing 6 foot privacy fences for any side yard that fronts a
street. The ordinance asks if there is a public need for the amendment. The
ordinance now allows ample opportunity to put in a fence to stop foot traffic or
plant landscaping to provide privacy.
· After discussing this issue in September, drove around town and observed a
number of people who addressed the problem within the ordinance.
· Lives on a collector street. Apple Valley must have allowed this with privacy
fences which created a tunnel effect with mismatched fences along the street. It is
not aesthetically pleasing. It is wrong to think that doesn't have an effect on the
City as a whole and the neighborhood.
· The fence ordinance was rewritten a few years ago and the Commission went
through this extensively. Several meetings, workshops and polling other cities
were done. At that time, the Commissioners didn't feel there should be a fence
allowed in the front yard.
· Lots of discussion on this issue.
· Strongly against amending this ordinance.
Ringstad:
· Questioned surrounding city surveys. Stamson and Criego responded there many
discussions and the Commissioners felt strongly on this issue.
Atwood:
· Well aware of the mismatched fences in Apple Valley and how unappealing it is.
Criego
asked Stamson to summarize:
The Commissioners and staff extensively researched this issue two years ago in
writing the current ordinance. Very comfortable with the existing ordinance.
There has not been a rush of calls to City Hall to change. It works well.
Additionally there is ample opportunity to address all the concerns presented by
dual frontage lots in the current ordinance. Drive around town and see all the
residents who have 4 foot fences with landscaping meeting all the criteria. These
issues can be addressed.
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Planning Commission Minutes
October 28, 2002
· As a City as a whole, the Commissioners have to maintain the standards that have
been set forth. This one goes against what is to be achieved. What is in place has
worked very well.
· Also, there is a safety issue.
Criego:
· Most comer intersections will have stop signs, if people start putting up privacy
fences there is a probability the view of oncoming cars will be reduced and those
particular streets are traveling 30 to 40 mph. The longer distance to view
oncoming cars is important.
· Agreed with Stamson. As a city-wide ordinance this will affect every property.
· Stamson explained 3 comer lots and vision problems created with privacy fences.
MOTION BY STAMSON, SECOND BY ATWOOD, RECOMMENDING CITY
COUNCIL DENY THE PROPOSED ORDINANCE CHANGE.
Vote taken indicated ayes by Stamson, Criego and Atwood, nay by Ringstad. MOTION
CARRIED.
A recess was called at 8:06 pm. The meeting resumed at 8:14 p.m.
D. Case #02-115 Consider amendments to Sections 1101.1000 (Definitions of
Temporary Uses) and 1101.510 (Allowable Temporary Uses) of the Zoning
Ordinance.
Planning Coordinator Jane Kansier presented the Planning Report dated October 28,
2002, on file in the office of the City Planning Department.
The purpose of this public hearing is to consider an amendment to the Zoning Ordinance
pertaining to temporary uses within Non-Residential districts. This amendment was
initiated by direction of the City Council.
The proposed amendment has two parts. The first part is an amendment to Section
1101.1000, adding a definition of temporary uses. The second part is an amendment to
Section 1101.510, expanding the types of temporary uses permitted in nonresidential
districts and establishing a procedure for those types of uses.
Staff recommended the amendment as proposed.
Questions from the Commissioners:
Criego:
· What brought up this ordinance change? Kansier said the City was asked to see if
a nursery school facility could be established in a Business Office district for a
temporary use. It is not a permitted use at this time. There is currently
construction going on in their facility.
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PURCHASE POLICY GUIDE INDEX
Purchase Level
0- $50.00
Less $1,000
$1,000 to $2,499
$2,500 to $14,999
$15,000 to $49,999
$50,000 and Above
Purchase Order/Quotes/Bids
Blanket Purchase Order
Purchase Order Initiated
P.O./Quotes*
P.O./Quotes*
P.O./Quotes*
Bids/Cooperative Agreements
Approving Authori _ty
Department Supervisor
Department Supervisor
Department Supervisor
City Manager
City Council
City Council
*Written quotes or a completed quote form is to be attached where there is more than one
feasible source.
PURCHASE POLICY GUIDELINES
t$o 5/7/01
Minnesota Statutes 471.345 and Prior Lake City Code 106.500 set forth the laws regulating
purchasing in Minnesota Municipalities. Attached is an information document from the League of
Minnesota Cities regarding competitive bidding and statutory references. These guidelines are
intended to clarify and expand upon these legal requirements. Shown below is a quick guide to City
purchasing showing dollar amount, process and the level of authority. See the remainder of this policy
for detailed information.
:::?::i:Ffi.rchase Ord:er/QUoteS/Bids. Approving Authority
$0 - $50.00 Blanket Purchase Order Department Supervisor
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$50,000 and Above Bids / Cooperative Agreements City Council
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feasible source.
There are eight basic thresholds of dollar amounts that have been established either by policy, city
code or statutory authority for the purpose of purchasing city goods and services. They are identified
as follows:
Blanket Purchases
Purchases of $50.00 or less may be made at the following vendors who have been issued a year-
long blanket purchase order whereby the purchase may be simply approved without a purchase
order. The receipt should be signed by the individual so that the when the invoice is received it may
be directed to the appropriate department for account code assignment.
The vendors with 2001 Blanket Purchase Orders are:
Al's Tru Value
Astleford Equipment
Bryan Rock
C.H. Carpenter Lumber
Carlson Hardware Co.
Carquest
Catco Parts & Service
Corporate Express
County Market
Delegard Tool
Digger's Prior Lake Polaris
Filterfresh
Grossman Chevrolet
Hawkins Water Treatment
Kraemer & Sons
Lano Equipment
Mail Stop
Monnens Supply
NAPA Parts Dept.
Patton Industrial Products
Prior Lake Aggregates
Prior Lake Rental
Prior Prints
R&R Carpet Service
Snyder Drug
Steve Tupy's Tire
Terminal Supply Co.
Toll Company
William Mueller & Sons
Wolf Motors
Purchases Less Than $1000
Expenditures within this category should generally be preceded by a minimum of two quotes if the
expenditures are anticipated to be on a re-occurring basis as opposed to a one-time occasional
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
purchase. These may be obtained verbally from vendors. The purpose is to obtain the best price
available initially subject to established quality standards. The purchase order need ~:ot ,r~¢lude
written quotations. The Department Head may approve such purchases.
Purchases $1000- $2500
Purchases approved within the current year's operating budget shall be authorized by the Department
Head via a purchase order with two quotes on the quote form where there is more than one feasible
source. The required procedure is to complete a purchase order prior to acquisition to insure
accountability, provide amount verification and avoid any misunderstanding with respect to cost
between the vendor and the City.
Normally all purchase orders are to be completed before a requisition number is provided. The
process involves the following steps:
1. Complete the Purchase Order as to vendor, date, material description, unit price, total
department and account code.
2. Attach completed quote form.
3. Department Head. authorizes by signature and sends to Accounting.
4. Purchase Order number assigned by Accounting Department.
5. Purchase order sent by originating department.
Field employees will be expected to plan and coordinate their acquisitions with their respective
supervisors and department heads to eliminate verbal P.O. numbers unless situations occur where it
would not be practical because of time constraints. There are four general exceptions to the rule:
1. Routine items costing $50 or less that occur on a daily basis may continue to be
purchased under a blanket purchase order.
2. Service repairs on equipment and vehicles do not generally require a purchase order
unless price quotations are necessary.
3. Sand, rock, bituminous etc., because of quantity uncertainties, may be purchased under a
blanket purchase order number.
4. If an emergency situation should occur, acquisition may be followed up by a purchase
order.
When a verbal purchase order number is used, the following information is absolutely necessary:
1. Receipt/invoice of purchase.
2. Receipt/invoice must indicate description of purchase (parts # is not acceptable).
3. Receipt/invoice must indicate dollar amount.
4. Receipt/invoice must be signed.
5. Receipt/invoice must display Purchase Order number.
6. Salesman shall not be given verbal P.O. number.
7. Written purchase orders will be submitted within one week of verbal authorization.
Purchases $2500 to $5000
City purchases approved within the current year's operating budget shall be authorized by the
Department Head via a purchase order. In addition, all such expenditures of $2500 or greater must
also be approved by the City Manager in the form of his signature upon the purchase order. The
required procedure is to complete a purchase order prior to acquisition to insure accountability,
provide amount verification and avoid any misunderstanding with respect to cost between the vendor
H:\PURCHAS E\Purchase50.doc
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and the City. Written quotes or a completed quote form must be attached where there is more than
one feasible source.
Normally, all purchase orders are to be completed before a requisition number is provided. The
process involves the following steps:
1. Complete the Purchase Order as to vendor, date, material description, unit price, total
department and account code.
2. Written quotes or completed quote form are attached.
3. Department Head authorizes by signature and sends to City Manager.
4. City Manager approval by signature on purchase order.
5. Purchase Order number assigned by Accounting Department.
6. Purchase Order sent by originating department.
Purchases Between $5,000 and $15,000
When there is more than one feasible source of supply for an item having a cost of five thousand
dollars ($5,000) or more, the City shall request written price quotations from at least two (2) sources
and shall place the order at the lowest price quoted, provided the items are of comparable quality.
The quotes shall be submitted in written format. The City Manager shall have the authority to make
or let purchase contracts for routine service equipment or supplies for which the cost does not exceed
fifteen thousand dollars ($15,000). Prior Lake Code 106.500(5).
Purchases Between $15,000 -$50,000
Purchase contracts in excess of $15,000 must be approved by the City Council and include at least
two written quotations unless the product or service is available from one source only. The
authorizing resolution shall .be attached to the signed purchase order. If the amount of the contract
does not exceed $50,000 then the contract may be made by obtaining two or more written quotations
or by direct negotiations subject to Council approval.
Purchases Exceedinq $50,000
There are three processes available that would satisfy statutory requirements for purchases that are
above $50,000.00.
I. Purchases Through Cooperative Purchasing Organizations
The City is a member of various cooperative purchasing organizations; State of Minnesota
Cooperative Purchasing Venture, Hennepin County Cooperative Purchasing Group and a Street
Maintenance Joint Powers Agreement. From time to time the City, together with other public
agencies (cities and counties) will jointly purchase goods and services. Each of these organizations
is created to facilitate cost effective purchasing using the bid system. Each organization prepares
specifications based upon the needs of the members, solicits bids, evaluates bid proposals and
awards a contract to the lowest responsible bidder. Member agencies then purchase from the
authorized vendor without the need to prepare individual specifications for each and every purchase
and complete otherwise required statutory purchasing procedures.
A product or service in the approved operating budget or capital improvement program may be
acquired using cooperative purchasing agreements as follows:
1. A copy of the cooperative agency specifications and bid award contract document for the
product or service is acquired.
2. The department making the purchase determines that the specifications and bids
received conform to their needs and represent cost effective acquisitions by reviewing the
H:\PURCHAS E\Purchase50.doc 3 5/7/01
o
proposed acquisition with cooperative purchasing acquisition professionals, department
personnel, city fleet maintenance mechanic and others as appropriate.
An agenda report is prepared for City Council consideration authorizing acquisition of the
product or service. If the equipment is replacement, the item being replaced is made
available for viewing at the Fire Station before and during the City Council meeing.
II. Purchases Made Outside of the Cooperative Bidding Process
If the amount of the contract is estimated to exceed $50,000, and funds are appropriated within the
current operating budget or capital improvement program, sealed bids shall be solicited by public
notice at least 10 days before scheduled bid opening following preparation of bid specifications as
authorized by the City Council. The successful bid is to be awarded by the City Council to the
lowest responsible bidder. (Minnesota Statutes 471.345)
The basic process for competitive bidding is outlined below. This process does not apply to public
improvement projects financed through special assessments pursuant to Minnesota Statutes
Chapter 429 which prescribes the process to be followed.
1. Solicit Council authorization to prepare procurement documents.
2. Prepare specifications.
3. Share draft specifications with Competitive Bid Committee consisting of Police Chief,
Finance Director and Assistant City Manager. Committee sends draft specifications to
potential bidders to determine if they can bid and if not, what modifications could be
made.
4. Purchasing department modifies the specifications as requested by the Competitive Bid
Committee.
5. Solicit Council approval of plans and specifications, request for proposals and
authorization for advertisement for bid.
6. Prepare a public notice for Prior Lake American.
7. Publish 10 days in advance of bid opening.
8. Purchasing department analyzes bids for conformance with specifications and prepares
bid tabulation.
9. Recommendation is provided to Competitive Bid Committee together with the draft
agenda report and recommendation.
10. Committee provides comments for inclusion in agenda report.
11. City Council considers the recommendation and acts upon the purchase. If the purchase
is for replacement equipment, the item being replaced is made available for viewing at the
Fire Station before and during the Council meeting and maintenance and other pertinent
information is supplied by Fleet Maintenance personnel.
12. Standard City Contract is prepared.
13. Execute contract with Mayor and City Manager signatures.
III. Non-Competitive Supplies or Equipment.
If the City is purchasing a product or service which is available from only one source (such as
street lights in an electrical franchise area), the acquisition will be made in the same fashion as a
purchase between $15,000 and $50,000.
Purchases Exceeding $100,000
The process is the same as above except the publication must be at least 21 days before bids are
publicly opened for improvement projects that are assessed under Minnesota Statute Chapter 429.
Also the advertisement must be published at least once in the official newspaper and at least once in
the Construction Bulletin.
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Contract Chanqes
A contract approved by the City Council for construction/professional services may be increased or
decreased by written change order up to $50,000 provided such modification does not exceed 25% of
the original contract amount in the aggregate and the item which is increased or decreased was part
of the original bid award. Any change order exceeding $50,000 must be approved in advance by the
City Council. The City Manager may approve a change order not exceeding $50,000 if one of the
following circumstances exists provided the contractor/vendor apprises the staff of the necessary
changes, an estimate of the costs and reasons for the changes prior to actually conducting the work:
.
A delay in obtaining prior City Council approval will impede the progress of the project and a
delay in obtaining prior City Council approval may, subject to the contract documents, result in a
claim by the contractor for additional costs caused by the delay.
.
Where the public health and safety are in jeopardy, the City Manager may authorize a change
order in excess of $50,000. In such a case, the City Manager shall endeavor to contact as many
members of the City Council as practiCal under the circumstances. The Open Meeting Law
prohibits the City Manager from disclosing to any Councilmember his or her discussion with
another Councilmember.
3. In cases where approving the change order will result in a savings to the City.
Any request for change order must be certified as true, correct and accurate by the maker to
avoid fraudulent requests.
The staff will schedule each change order for City Council consideration as soon as practicable. The
Change Order request shall include a staff report identifying the pertinent facts surrounding the
change order, the original contract amount, amount of the change order and cumulative change order
amount in dollars and percentage terms.
Contract Documents
Construction Projects A standard contract (see attached contract form) shall be used for all city
public improvement projects. The City Attorney will insert the appropriate information and will review
the necessary supporting contract documents as to form and compliance. The following documents
are typically required as part of the contract process:
1. Request for Proposals
2. Specifications
3. Plans and drawings
4. Bid bond
5. Performance bond
6. Payment bond
7. Insurance provisions;
a) Workers' compensation
b) Liability
c) Owners' protective
Professional Services. A standard contract (see attached contract form) shall be used for
professional services i.e., architectural, engineering, construction management etc. The City Attorney
will insert the appropriate information and will review the necessary supporting contract documents as
to form and compliance.
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Exceptions to Competitive Biddinq
The following are some of the more common exceptions to the competitive bidding requirements:
1. Contracts less than $50,000.00
2. Intergovernmental contracts
3. Noncompetitive supplies and equipment
4. Real estate purchases
5. Professional services including;
a) Architectural
b) Auditing
c) Engineering
d) Legal
e) Group insurance
PrOcedures for Verifying Receipt of Goods or Services for Payment
Each Department Head will review and approve all invoices pertaining to their department purchases.
Upon completion of a purchase order, a purchase order number will be assigned from the Finance
Department. The white copy of the purchase order should be forwarded to the Vendor and the yellow
copy of the purchase order retained by the department for validation with the invoice.
The Vendor should be instructed to send the invoice to the appropriate Department personnel (either
Department Head or Supervisor). Make sure the Vendor is instructed to reference the Purchase
Order Number on the invoice. The Department Head or Supervisor acknowledges the product or
service received by initialing the invoice received from the Vendor. Attach the yellow copy of the
purchase order to the back of the invoice and submit it to the Finance Department for payment
processing.
Statements from Carquest, NAPA, Amoco Oil, Subway, County Market, i.e. on blanket purchase
orders will be reviewed by the Finance Department. Please turn in all invoices IMMEDIATELY upon
receipt.
Purchase Order Completion Procedures:
1 ) Enter the
2) Enter the
3) Enter the
4) Enter the
5) Enter the
6) Enter the
7) Enter the
8)
9)
10)
11)
12)
13)
14)
15)
Vendor's name, address, contact person, and phone number.
date the order was placed with the Vendor.
ship to address if different than 16200 Eagle Creek Avenue SE.
quantity of the item ordered.
description of the item ordered.
unit price of the item ordered.
total cost of the line item ordered (quantity times unit price).
Enter the words Sales Tax and the dollar amount for sales tax in the Total column. Tax is
calculated: total dollars times 6.5% (exclude freight and labor charges).
Enter shipping and handling charges if applicable.
Enter the grand total of all the charges in the Total column.
Enter the person's name ordering the product or service.
Enter the department accounting number and the accounting object code.
The Department Head's signature is required.
The City Manager's signature is required if the order is $2,500.00 or above.
If the check is to be returned to the person ordering the product or service, enter "Return
check to "and circle the return instructions.
H:\PURCHASE\Purchase50.doc
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16)
17)
18)
If the item ordered is $500.00 or over and is an equipment asset, write the word "ASSET"
here. After the invoice is received, an asset number will be assigned to the item and
an asset sticker with the number will be returned to be affixed to the asset.
Any equipment that is being traded in is to be identified on the purchase order by
year and model description along with the appropriated fixed asset number which
may be obtained from Finance.
Request a purchase order number from the Finance Department before placing the order
with the Vendor.
If a line item is backordered, enter B/O next to the line item on the white and yellow copy of
the purchase order. Submit the yellow copy of the purchase order with the invoice to the
Finance Department for payment. Copy the white purchase order on yellow paper and hold
the paperwork for the backordered item to be shipped. When the backordered item is
shipped, attached the invoice with the backordered item to the yellow copied purchase order
and submit the paperwork to the Finance Department for processing the payment.
H:\PU RCHASE\Purchase50.doc
7 5/7/01
RESOLUTION 01-52
EsO"
A RESOLUTION APPROVING A PURCHASING POLICY
GUIDELINE DATED MAY 7, 2001
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Motion By' GUNDLACH
Second By: ZIESKA
Minnesota Statutes 471.345 establishes purchasing procedures and policies for cities;
and
the City of Prior Lake addresses purchasing procedures and requirements both in the City
Code and by administrative policy; and
the City staff has adopted Purchasing Policy Guidelines for the staff to follow to implement
state purchasing requirements and City Council purchasing policies; and
the City Council desires to update the City Purchasing Policy Guidelines to better
correspond with state statutes regulating the threshold for the purchase procurement and
acquisition of goods and services that exceed $50,000, preparation of specifications and
solicitation of formal bids.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA
that:
1. Purchase Policy Guidelines dated May 7, 2001 are hereby adopted which revises the bidding
threshold for procurements from $25,000 to $50,000.
2. The staff is hereby directed to distribute the revised policy to all employees. All employees shall
undertake purchasing procurements in accordance with the guidelines.
PASSED AND ADOPTED THIS 7~'H DAY OF MAY, 2001.
YES NO
Mader X Mader
Ericson X Ericson
Gundlach X Gundlach
Petersen X Petersen
'Zieska X Zieska
City ~ ior Lake
16200 Eagle Creek Ave. S.E., Prior Lake. 5,'[innesot:a 55372-1.714 ./ Ph. (952! 447-4230 / Fax (952) 44%4245
AN EQUAL OPPORTUNIT'/ERtPLOYER