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HomeMy WebLinkAboutApril 3, 1995 I REGULAR COUNCIL MEETING AGENDA April 3, 1995 1. CALL TO ORDER ........................7:30 p.m. 2. PLEDGE OF ALLEGIANCE- Webelos, Pack 333 - Den #4 will be performing the flag ceremony. 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING 4. CONSENT AGENDA: a. Consider Approval of Invoices To Be Paid b. Consider Approval of 3.2 Liquor License for Prior Lake Jays c. Consider Approval of Final Payment for Lime and Center Road and Pond Complex Improvements - Project 93-12 and 93-14. d. Consider Approval of VFW Parking Lot Lease. 5. PRESENTATIONS: A. Larry Stier, the City of Prior Lake's representative to the Emergency Medical Services Advisory Committee will be presenting an update to Council on the Committee's activities and challenges for 1995. B. Presentation by Kathe Abrams regarding uPlay'N in Prior Lake" 6. PUBLIC HEARINGS: 7:45 P.M. A. Consider Administrative Land Division and Variance for Larry Schommer. 7. OLD BUSINESS A. Consider Deferral of Northwood Road Street Improvements to 1996. B. Consider Approval of Resolution 95-18 Awarding Bid for Project 93-02 - Carriage Hills Parkway Street Improvement. C. Consider Approval of Resolution 95-19 Awarding Bid for Project 94-06 Parking Lot Improvements at Sand Point Beach. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 8. NEW BUSINESS A. Consider Approval of Appeal of Variance Request For Carter Don Narveson - 3845 Green Heights Trail SW B. Consider Approval of Fairview Conditional Use Permit. C. Consider Approval of Contract with SRF to Update 2010 Transportation Plan Element. D. Consider An Allocation of Up to $37,000 From 1995 Contingency Account for Renovation of the Old Fire Station. 9. OTHER BUSINESS A. 10. ANNOUNCEMENTS/CORRESPONDENCE A. 11. ADJOURNMENT A40395.CC MINUTES OF THE CITY COUNCIL Monday, March 20, 1995 1. CALL TO ORDER - Mayor Andren called the meeting of the Common Council to order on Monday, March 20, 1995 at 7:30 p.m. in the City Council Chambers. Present were: Mayor Andren, Councilmembers Scott, Schenck, Greenfield, Kedrowski, Assistant City Manager Carlson, City Attorney Glen Kessel, City Engineer Anderson, Planning Director Rye, Building Official Staber, Assistant Planner Garross, Recreation Supervisor Woodson, Acting Recording Secretary Wager. 2. PLEDGE OF ALLEGIANCE - Mayor Andren led the Pledge of Allegiance and welcomed everyone to the meeting. 3. CONSIDER APPROVAL OF MINUTES OF PREVIOUS MEETING Correction to the motion which read as follows: Upon a vote taken yeas by Andren, Greenfield, Scott and Schenck should be changed to read: "Upon a vote taken, yeas by Kedrowski, Scott and Schenck........" MOTION BY, KEDROWSKI, SECONDED BY SCHENCK, TO APPROVE THE MINUTES AS AMENDED. Upon a vote taken, yeas by Scott, Schenck and Kedrowski. Andren and Greenfield abstained due to having been absent at the last meeting. The motion carried. 4. CONSENT AGENDA a. Consider approval of invoices to be paid b. Consider approval of Animal Warden Report c. Consider approval of Building Report d. Consider approval of Fire and Rescue Report e. Consider approval of Treasurer's Report f. Consider approval of temporary 3.2 license for St. Michael's April Fest. g. Consider outdoor concert waiver offee for St. Michael's April Fest. h. Consider adoption of Ordinance 95-05 Approving Zoning Ordinance Amendments Sections 5-6-10 of the Prior Lake City Code and Section 7-9 of the Zoning Ordinance related to comprehensive rezoning; filing and recording of Conditional Use and Variance Permits. 1. Consider approval of release of easement, Lot 7, Shady Beach. J. Consider adoption of Ordinance 95-06 amending Section 4-7-1 of the Prior Lake City Code. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER k. Consider adoption of Resolution 95-15 approving the final plat of Cardinal Ridge third addition and developer's agreement. 1. Consider approval of sidewalk policy and ordinance. m. Consider approval of consulting engineering and construction management fees for Sand Point Beach parking lot. n. Consider adoption of Resolution 95-16 Relating to parking restrictions on Northwood Road (Project 95-02) from CSAH 12 to Fremont Avenue. o. Consider acceptance of Bruce Loney's resignation from the Credit River and Shakopee Basin Watershed Management Organizations and the appointment of Lanol Leichty to the same. . Staff removed item (d).(fire and rescue report) as the report had not been submitted in time for the meeting, and requested that items (h) and (1) be removed for discussion under "Other Business". MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE CONSENT AGENDA ITEMS (a) through (0) with the exception of items (d), (h) and (I). Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski. The motion carried. 5. PRESENTA TIONS: There were no Presentations 6. PUBLIC HEARINGS: There were no Public Hearings 7. OLD BUSINESS A. Consider approval of private street standard Planning Director Rye discussed the report prepared by Blair Tremere for the establishment of private street standards. Staff recommended t that the standards for private streets would remain the same standards as for public streets. Council and City Attorney expressed concern over the term "legal status". MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO DIRECT STAFF TO DEFINE "LEGAL STATUS", ESTABLISH STANDARDS FOR PRIVATE STREETS AND PROVIDE FLEXmILITY FOR PRIVATE STREETS THROUGH THE PUD PROCESS. Upon a vote taken, yeas by Andren, Greenfield, Scott, Kedrowski and Schenck. The motion carried. B. Consider approval of contracts to complete elements of the 2010 Comprehensive Plan: 2 1. Public Affairs Consulting - Land use plan and document coordination. Planning Director Rye discussed the proposed consultant contract. Mr. Rye believes it is necessary to enter into this agreement to address the elements in the comprehensive plan. At this time the city does not have the staff to complete these tasks within the time restraints. MOTION BY, KEDROWSKI, SECONDED BY GREENFIELD, TO AMEND THE AGREEMENT BETWEEN PUBLIC AFFAffiS CONSULTING AND mE CITY OF PRIOR LAKE FOR LAND USE PLAN AND DOCUMENT COORDINATION, AND AMEND IN SECTION 3.5 THE WORD "PLUS"TO "INCLUDING" AND INCORPORATE LANGUAGE TO INCLUDE REMEDIES FOR THE CITY TO RECOVER FOR NON-PERFORMANCE, AND AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN THE CONTRACT. Upon a vote taken, years by Andren, Greenfield, Scott, Kedrowski and Schenck. The motion carried. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI, TO AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT WITH PUBLIC AFFAIRS CONSULTING FOR LAND USE PLAN AND DOCUMENT COORDINATION. Upon a vote taken, yeas by Andren, Greenfield, Scott, Kedrowski and Schenck. The motion carried. 2. MSA Consulting Engineers - Sewer and water element preparation. Director of Engineering Anderson discussed the proposed contract with MSA Consulting Engineers. Mr. Anderson suggested adding a signature page for the contract and felt confident the contracted work would be completed within the two month timeffame. He also indicated a new staff member would not enable staff to complete the project within the timeffame. MOTION BY KEDROWSKI, SECONDED BY GREENFIELD, TO APPROVE THE CONTRACT WITH MSA CONSULTING ENGINEERS FOR SEWER AND WATER ELEMENT PREPARATION, WITH THE STIPULATION THAT THE ADDITION OF A SIGNATURE PAGE, AND AMENDED LANGUAGE BE ADDED TO THE CONTRACT TO PROVIDE A REMEDY FOR NON-PERFORMANCE. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski. The motion carried. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO 3 THE CONTRACT WITH MSA CONSULTING ENGINEERS FOR SEWER AND WATER ELEMENT PREP ARA TION. Upon a vote taken, yeas by Andren, Greenfield, Scot, Schenck and Kedrowski, the motion carried. NEW BUSINESS A. Consider adoption of Resolution 95-17 and Ordinance 95-07 approving the Preliminary Plat and Rezoning for Wilderness Ponds. Assistant Planner Garross indicated the Planning Commission recommended approval of the preliminary plat and Ordinance 95-07 along with two cul-de-sac length variances. Andren expressed concern about the "unique circumstance" allowing an eyebrow cul- de-sac. Garross explained that the unique circumstances are within the provisions of City Ordinances and will be added to the Facts & Findings. Discussion occurred regarding the result of ending a street the at the boundary of Prior Lake. Council also expressed concern as to what will happen to the park area off of Wellington Court which has only one access through a cul-de-sac. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE ORDINANCE 95-07 REZONING THE CONSERVATION AREA WITH IN THE PLAT OF WILDERNESS PONDS AS AMENDED FROM C-l CONSERVATION TO R-l RESIDENTIAL. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski, the motion carried. MOTION BY KEDROWSKI, SECONDED BY SCHENCK, TO APPROVE THE PRELIMINARY PLAT WITH THE AMENDMENT THAT WILDERNESS ROAD BE CONSTRUCTED TEN FEET SHORT OF THE PLAT BOUNDARY. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski, the motion carried. A short recess was called. The meeting reconvened at 8:40 p.m. 9. OTHER BUSINESS A. Consent Agenda - item (h) - Consider adoption of Ordinance 95-05 Approving Zoning Ordinance Amendments Section 5-6-10 of the Prior Lake City Code and Section 7-9 of the Zoning Ordinance related to comprehensive rezoning; filing and 4 recording of Conditional Use and Variance Permits. Planning Director Rye explained that one set of language was intended to deal with a change in designation for the business park was inadvertently omitted from the materials which were in the Agenda Package. The new pages were given to Council immediately before the Council meeting. They refer to Section 5-2-1, 5-2-2(A), 5-3 and 4.2. This deletes the reference to the 1-1 district and the Ordinance changing the designation to BP Business Park. MOTION BY GREENFIELD, SECONDED BY KEDROWSKI TO ADOPT ORDINANCE 95-05 APPROVING ZONING ORDINANCE AMENDMENTS SECTION 5-6-10 OF THE PRIOR LAKE CITY CODE AND SECTION 7-9 OF THE ZONING ORDINANCE RELATED TO COMPREHENSIVE REZONING; FILING AND RECORDING OF CONDmONAL USE AND VARIANCE PERMITS. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski, the motion carried. Item (l) - Consider approval of sidewalk policy and ordinance. Council expressed concern regarding snow removal for existing sidewalks, new sidewalks, and main arteries. MOTION BY KEDROWSKI SECONDED BY GREENFIELD TO APPROVE THE AMENDED ORDINANCE TO INCLUDE THE OWNER/CITY RESPONSmILITY FOR ALL SIDEWALK MAINTENANCE. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski, the motion carried. MOTION BY KEDROWSKI, SECONDED BY SCOTT, TO DIRECT STAFF TO ANALYZE THE IMPACT OF THE SIDEWALK MAINTENANCE BOTH CURRENT AND FUTURE. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski, the motion carried. MOTION BY GREENFIELD, SECONDED BY SCOTT, TO DIRECT THE PLANNING COMMISSION TO MAKE RECOMMENDATIONS ON ORDINANCES TO THE COu:NCIL ON CUL-DE-SAC USES SPECIFICALLY WITH THE VARIANCES WHICH DEAL WITH TERRAIN CONSTRAINTS AND CONNECTIONS TO OTHER NEIGHBORHOODS. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski, the motion carried. 5 "-_.~.. ......-.................... ......................-..................-.-.....--..........-_....__._."..............._.....~--_._-- A short discussion occurred on the 800 megahertz radio bill. Cost for the retrofit in Scott County would be $7.2 million. MOTION BY SCHENCK, SECONDED BY KEDROWSKI, DIRECTING STAFF TO DRAW UP A LETTER TO LEGISLATORS IN THE FORM OF A RESOLUTION ADDRESSING THE CITY'S OPPOSITION TO THE 800 MEGAHERTZ RADIO BILL. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski, the motion carried. Councilmember Greenfield discussed the proposed plaque for the Fire Station indicating he did not want his name on a plaque at the fire station because the fire station belongs to the people. Mayor Andren concurred, suggesting the building be dedicated to the Fire Department and citizens. MOTION BY GREENFIELD SECONDED BY ANDREN TO DIRECT STAFF TO COME UP WITH A REVISED DEDICATION PLAQUE WHICH WILL ACKNOWLEDGE THE FIRE DEPARTMENT PAST & PRESENT. Upon a vote taken, yeas by Andren, Greenfield, Scott, Schenck and Kedrowski. The motion carried. 10. ANNOUNCEMENTS/CORRESPONDENCE 11. ADJOURNMENT There being no further business the meeting adjourned at 9:40 p.m. The next Council meeting will be Monday, April 3, 1995. .tl~ ~L/S<JY( Acting City Manager . Recording Secretary Council/MN032095/lap 6 STAFF AGENDA REPORT DATE: 5B FRANK BOYLES, CITY MANAGER CONSIDER PRESENTATION BY KATHE ABRAMS REGARDING - "PLAY'N IN PRIOR LAKE" APRIL 3, 1995 AGENDA #: PREPARED BY: SUBJECT: BACKGROUND: Attached is a memorandum submitted by Kathe Abrams on behalf of the steering committee of "Play'N in Prior Lake". This ad hoc committee of Prior Lake residents is proposing that community concerts be scheduled for the first and third Thursday of June, July and August beginning this year. DISCUSSION: The group is seeking city support and involvement. I anticipate that Ms. Abrams will further describe the magnitude and type of support sought from the city by the "Play'N in Prior Lake" group RECOMMENDATION: The City Council should hear Ms. Abrams presentation and determine whether, to what extent and how the city should become involved in this program. tion to the staff as appropriate. Attachment AG58411.DOC 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MEMORANDUM TO: Mr. Frank Boyles and City Council of Prior Lake FROM: Steering Committee of Playin' in Prior Lake SUBJECT: Outdoor summer entertainment DATE: MARCH 28, 1995 Dear Mr. Boyles and City Council, The Prior Lake Windjammers directed by Ken Ziemann and sponsored by Prior Lake Parks and Recreation Dept. have been performing in our local parks for several years during the summer. The concerts are free and open to the public. In the beginning the concerts were poorly attended but now we have at least one hundred people in the audience and often times closer to 300 people. After all the concerts several people request 'more arts in the parks for Prior Lake.' A group of us got together in February to brainstorm and hopefully provide entertainment in town during the summer months. Each of us came from a different perspective but with similar goals in mind...to develop community spirit. At the first meeting we established a name for our group, Playin' in Prior Lake, decided on a time schedule--first and third Thursday of June, July and August and to request music and play groups in Prior Lake to perform outdoors. The response has been overwhelming! This project has gained momentum and has over twenty-five different groups involved. We are excited and anxious to share with you the ideas and events planned for this summer. -, A" --- .. .,,"..-_.. '...,..t..,...,...,....-....."... ,.,d..__,_ ,._,.,,_._.,_.,,~~. _.".~,"-- t -., _..,.v._.~',..,._.,."...... ",_"_"..._.,, "~..~,,.~_<o_.,.",~.. "'",'.,-, .__~__'~~=M._.."'_"'.;w__~'''_'..~..,__...~,..._ At this point we are unable to proceed without the support and involvement of the City. We are requesting the opportunity to speak under New Business at the regularly scheduled meeting of the City Council of Prior Lake on April 3, 1995. Thanking you in advance for your time. Sincerely, ~~ Kathe Abrams AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: CITY ATTORNEY: STAFF AGENDA REPORT 6A DEB GAR ROSS, ASSISTANT CITY PLANNER CONSIDER ADMINISTRATIVE LAND DIVISION AND VARIANCE APPLICATION FOR LAWRENCE SCHOMMER APRIL 3, 1995 The purpose of this item is to consider an administrative land division/variance for the property located at 16588 Ramsey Avenue S.W. The subject site is legally described on the attached survey. The administrative land division/variance applications have been processed according to Subdivision Ordinance 87-10, Section 6-1-3. The proposal is to divide Lot 41, Green Heights into two parcels and attach the resulting 25' parcels to adjacent lots 42, Green Heights and the south 50' of Lots 21 and 22, Green Heights. See attached map for reference to the proposed subdivision and subsequent lot combinations. The proposed subdivision will result in a reduction of density from two to one building site. Parcel A contains the single family home of the applicant. Parcel B is vacant. The two storage sheds on Lot 41 are proposed to be removed therefore, no structures will be at variance with required setback provisions. The underlying lots are lots of record containing approximately 6,350+- square feet of lot area and 50' of lot width. The subdivision will result in two lots: Parcel A containing 8,700 square feet of lot area and 75' of lot width; Parcel B will contain 9,300 square feet of lot area and 75' of lot width. Although the subdivision will increase lot area and width, resulting Parcels A and B do not meet current Zoning Standards requiring a 12,000 square foot lot with an 86' lot width. In order to subdivide the property as proposed, the following variances are requested: 1 . 11' Lot width variance for proposed Parcel A to allow the lot to be 75' instead of the required 86' wide. 2. 11' Lot width variance for proposed Parcel B to allow the lot to be 75' instead of the required 86' wide. 3. A 3,300 square foot lot area variance for Proposed Parcel A to allow a 8,700 instead of a 12,000 square foot lot. 4. A 2,700 square foot lot area variance for proposed Parcel B to allow a 9,300 instead of a 12,000 square foot lot. Due to the fact that the subject site is located on a private street, City Attorney, Glenn Kessel was consulted to determine how to process the -1- 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER applications. Because a variance was filed, property owners within 1 QQ' of the subject site were notified in addition to the contiguous property owners required to be notified as per the Subdivision Ordinance. The applications, if approved, will result in one less dwelling, reducing the potential traffic on the private street. This application is different than the Simpson case, (Sycamore Trail), in that the subdivision will not create an additional lot within the Green Heights plat. Therefore, there is no argument that the private property rights, as per plat dedication, will be impacted. No new lots are created by the proposed subdivision. ENGINEERING ISSUES The existing home of the applicant, located on Parcel A, is connected to service stubs located in Parcel B. As such, an easement will be required to allow the lines to remain in their current location. Services will need to be installed to Parcel B by tapping separate mains in Ramsey Avenue right-of-way. All costs associated with providing service to Parcel B will be the responsibility of the property owner. The plat of Green Heights does not contain drainage and utility easements. Therefore, a condition of approval should be that drainage and utility easements be granted to the City of Prior Lake adjacent to all lot lines as required by the Subdivision Ordinance. In addition, the easements shall be prepared and filed by the applicant, prior to issuance of building permits for the subject site. ISSUES: Property owners, utility companies and the DNR were mailed notice of the application on January 19, 1995. As of the date that this report was written, one objection from Dale and Sonia Lundtvedt of 3784 Pershing Street has been filed. See letter dated March 23, 1995. The deadline for people to file an objection is Friday, March 31, 1995. Any additional comments related to the application which are received will be presented to the City Council on April 3, 1995. The subdivision will result in a decrease of density and increases the lot area and width of existing substandard lots of record. In response to the objections of the Lundtvedt's, the side yard setback requirement for a building to be located on Lot 42 is 10 feet, regardless of whether the application to subdivide is approved or denied. Approval of the application will not result in a structure being located closer to their property but may actually result in an increased setback due to the fact that the lot width is proposed to be increased from 50 to 75 feet. The applicant has filed for a variance for lot area and width requirements as provided by the Subdivision Ordinance. The purpose of the subdivision and variances are to create larger lots than presently exist, resulting in a reduction of potential homes from two to one. This application is similar to other administrative land division/variance applications which have been approved by the City Council. Approval has generally been granted under similar circumstances, where the substandard lot size of existing lots of record are proposed to be increased over existing conditions. The Finance Director has determined that a collector street fee of $615.00 would be assessed against the division. -2- ALTERNATIVES: 1. Approve the administrative land division and variance application for Lawrence Schommer as submitted. Table a decision on the issue for further research as directed by the City Council. Deny the applications for specific findings of fact. 2. 3. RECOMMENDATION: The recommendation from Staff is to approve the administrative land division/variance applications as proposed subject to the following conditions: 1. The two existing storage sheds be removed by June 3, 1995 or issuance of a building permits for the site, whichever is sooner. 2. The applicant draft and file drainage and utility easements as required by the City Engineer, prior to issuance of building permits for the site or June 3, 1995, whichever is sooner. 3. The applicant provide an easement over Parcel B for the existing utility services utilized by the home on Parcel A. 4. Utilities be provided to Parcel B, at the sole expense of the property owner. 5. The parcels be combined and a new PIN number assigned for resulting Parcel A and Parcel B. 6. The applicant pays the collector street fee of $615.00. 7. The administrative land division, variances, and all other pertinent documents be filed with the Scott County Recorder's Office by June 3, 1995. Failure to record the documents by the aforementioned date will render the administrative land division and variance null and void. ACTION REQUIRED: A motion to approve the administrative land' division/variance for Lawrence Schommer as per attached survey subject to the conditions outlined above and or amen d by the City Council. . AP02CC" -3- INTEROFFICE MEMORANDUM DATE: Planning @/ Ralph Teschner, Finance Director SY2 Lots 21 & 22, and Lots 41 & 42 Green Heights Administrative Lot Split (assessment/fee review) March 28, 1995 TO: FROM: RE: The S Y2 Lots 21 & 22 Green Heights (PIN# 25 094 017 0) and Lots 41 & 42 Green Heights (PIN# 25 094 030 1) were served with water and sewer utilities in 1972 under Project 72-7 and was assessed a total of 152.5' of frontage and .42 acres for trunk acreage charges. All past applicable assessment amounts have been paid and no special assessment balance remains against the property. The tax status of the property is in a current state with no outstanding delinquencies. Since the proposed administrative land division requires no associated street improvements or storm water facilities, no storm water fee is applicable. The net area for Parcels A & B for purposes of calculating the Street Collector fee is based upon the aggregate total of 18,000 sq. ft. A summary of the development fees to be collected upon approval of the administrative lot split is detailed as follows: Trunk Water & Sewer Charge -0- Storm Water Management Fee -0- Collector Street Fee .41 ac. @ $1500.00/ac = $615.00 SPUl7.WRT 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER - - - . :~~'::~i.~~~::- --::--.:.::: .~-~. :'~.~~~::='. ,.... .....- -~- --_._..-~. ,.. ..~.~ Property Omer: ,Address: .,'" ~ 'Applicant: . Address : Name of Slrveyor: -s-Ame.5 e.. "~'8tJ~ !frl-t/E.. Poone: --ljij:s;... q / ..5L( , . - .~- . ..:.~:~~~: '.~~~~~:'.~.'7~~-.~~t.+~~t~?,:-_~~'..-'~ ~ .':. .....:~;~...~~..:.:...l3:?~r::~?t.t:::~:~~ /Ert_~::-~:-:.7'-';?~~;~:~~.?~' .:; ..~:- :-::.L~.~-- ...-. , ;""::~.:..:-' . . ~ - ~ - :--":..- - :. - ,..-:. ....: &JEMISSION REQUIREMENrS: , ' . A. . Canpleted application fo:cm and ProJ.:erty Identification Number <pm). __ ...B. .,'~lete Legal descripti~n of existing and prot=Osed parcel~~ ....::.c. .::.....FilJ.I1g fee. _.-,.,-,..~ ':"~'.:'-~---''''''' "-,-..-,-.......-.. .. -- .. - 0'.' '.". - -. .".,.---..--.,..-'-"-._ .-,'C '., ,:D.:'.Slrveyprepaied by a'registered land surveyor".' . - "" . ":'E.' --15 Copies of the 'application, survey and supp:>rung . data and 1 'set'__.>:.;co.:.- H ,.. _ ..reduced to 11- X 17~.-.'--~-:c~, . _ _. '. _.. ,. F. Total square footage and or acreage of existing and pro{:Osed parcels. G. Names and addresses of owners woo own property contiguous to the subject site. ONLY a:MPLErE APHJ:CATIONS smLL BE A~.1..w FOR RE.VIEW. To the best of fflJ knowledge the infocnation presented on this fom is correct. In addition, I have read Section 6-1-3 of the Prior Lake SJbdivision Ordinance which ~ifies the r8:1Uiranents and procedures for Administrative Plats. I agree to provide infonnation and follcw the procedures an outlined. ~cants Si~bJr~~ t:~ e. Fee Qmers Signature !:ate r&~. ~;;L_ 9S- , Date 'lmS SB:TION '10 BE FILLED IN BY THE PIANNDI; DIREX:roR DI5roSITION CF APPLICM'ION: APPBOlED DENIED CITY CJtm:IL (APPEM,) APPBOlED DENIED rATE CM'E OF HFARnI; (l)NDITIONS: Signature of the Planning Director Date . --- .-,....... ....-..-- .-- --~':;":.--"';- / VA 95-09 PIDt;'5 _094-(1'-'-0 CITY OF PRIOR LAKE APPLICATION roR wurrAN:E Pifiplicant:.LBd./f2P){(c. ~ 'SGHdmrnr-J< ACdress: /" ~~ ;€A-h1~,e y A-V Ptop!rty Cwner: SA-/77E ACCress: :>,4/nE Type of CWnership: Fee Contract Consul tantlContractor: Bane Pr..one: q# '7 - V~')?b ~C{ Ph-one: ~LI'7 - ~S..J.."7 Heme Pr..one: WOr!( Pr..one: Purchase Aqreenent Phone: Existing Use -:--.. of Property: VAc:.AAI , Prese.'lt Zoning: R.' S /) . Legal Description of Variance Site: SeE A7T%~~ . Variance Bequested: La T bVILJ7i ~Ol rheEI'l- Has the at:P1icant pr~liously sought to plat, rezone, obtain a variance or cor..ditioru use p!oit on the subject site or arrj ~rt of it? Yes K ~ Wbat was r~ested: When: Disi=Osi tion: Describe the t;,n:e of improvene..'!ts prO"fOsed: SJEMISSION RE~S: (A)Ccmpleted a~lication foc. (E) Filing fee. (C)Prope~l survey indicating the prCt=Osed developne..1'!t in relation to prop!~] lines ar..d/or ordinaJ:Y-high-water maai pr~sed buildir'..c; elevations ar..d drainage plan. (D)Cer-.; fied fron abstract fi:c:n, names and accresses of prop:rty cwners wi-Qin 100 f~ of t::.e exterior boUIlearies of the subject pro;ert:]. (E)Ccmplets legal cescri;tion & Prcpert:'j Iee..'ltification Numl:er <pm). (F)Deed restrictior.s or private cover..ants, it a;;plicile. (GiA ~rcel map at l" -20 '-SO I shcwicC;: The site Ce~lelOpne."lt plan, bui.lcir:c;s: ~~(inc;, leading, access, surfacs drair..age, lar..cscap~g and utility serlice. ONLY CCMP!..a::1.'~ APPLIa...'"ICNS SE1LL BE AC~~.:..u ~1D RE'\i1:E;iE!J BY ~ PTJ~1NDIi CCMMTSsrON. To the best of my l<..-:cwleege t.~e i.'"lf~J:l'laticn prese.'1teC on t::.:.s fOOl is cor=:ct. ~ acciticn, I ~~e rsac Section i.6 of ~~e P=ior Laka Zen~~c Crc~~ca wr~ch ~ifies r~=en~ts for varia"lca prccaeur:s. I agree to prcvice ir~~~~~icn ar.c follow t~e prccaCures as outl~eC in the Cre.:.r.2.I'lce. Sutmittse t~is _Cay of 19_ ~~licants Sicnat~r: #~.-r~ Fee Cwners S~gna'C".lre 'EIS SPACE IS 'IO BE FILLED CUT BY TEE pT...ANND:G DI3EC!'OR P.~P~lED APPPLVED DENED DEm!D r:A~ OF EEARL.'I; J:P.~ OF HEARI~I; FJ..NNING CCMMTSSION <:::!'r.! CCmI:IL AE~L CJ~iD.J..'l'lCNS : Sigr.at:.lre of ~~e Plar~-:g Diree:or Cats . .>..._......+.,.,-^.,~",._".",,,.,~..~- ....,._~~~.,..,.~'- ,._,.._;"".'"'.......--.....-~.- ----,.""'~..,...---,_....,,~...............,,-~""'"._,,.._"---_.............,,-"'"-"'._--.,..,-~'-----.$-"". en w ~ < I fa U) g a: A. ClD ; ~ ~ a: f f flDfa~ g~g 9 ~fi i -iiA.A. o 8~ ~ ~ ~w w a:a:~~ A. 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'S..~8.~ 3~~"~ .. ~;! ~ ..=..,:1 =i~~: 80"0...... i"-:=:g : ... . g:=~~~ i1l.0~ ....0... .i:=::= ~ .:= 3; .... . ~~:a.,~~ "'...:"... ~;~!=:=: ::~8~:: tl:.~:~~ ~11~::: ."0 "'0 .,~.~...~ . 1 ~ :~ : : ... ~g.- . ~J~".: :: .,..o..~~ : ~S8.!83 C\J co" " - \ \ -T\\ s \ ,11 \ \~ \ t) ..,~) ~ !! b ('.t" C'.;t " %': \ \ \ \ _._\ _J-J ~ \ -r r~ I I 1 \ ~ ------ A3SvtV~ , " e\ we u)w 2~ 0:1 a:w a. a: U)w elD ~~ N ~ g E 14; ii Z i ~J! j lij r! :: I t-: ="E= Nt=- :3'c. ...1" ~i] i ~; i it :-; . .. ~ . ....... ~li3 j =...J :.i; ..--. 5i' ! ;i:~ .:.1" ~ iii ~ 3nN3^V \- \ .::~ .' \---\-~~ \ 1 L t I ~ :: > i .. I i ~ A .. ~ ~ i ~ i :: · f: j Memorandum DATE: March 23,1995 TO: Prior Lake Planning Department FROM: Dale and Sonia Lundtvedt RE: Proposal to divide lot 41 "Green Heights" We, Dale and Sonia Lundtvedt of3784 Pershing Street SW on Lots 43 and 44 "Green Heights" object to the proposal submitted by Lawrence Schommer to divide lot 41. We ask the Prior Lake Planning Department to disapprove the splitting of lot 41 and any variances to the Prior Lake Zoning Ordinances. It appears there are plans to build a house on lots 42 and 41, therefore splitting lot 41 has two damaging results: 1. The addition of the north 25' of lot 41 to the Schommer parcel 16588 Ramsey Avenue enables them to distance themselves from the suggested new house and move the center of the lot 12.5' closer to my property, hence, building the house 12.5' closer to my property. 2. The removal of the north 25' oflot 41 now makes lot 42 less than 12,000 square feet which is unsuitable to sustain residential housing according to Prior Lake Zoning Ordinance. The lot is located in the middle ofsevera1 houses and will be crowded enough at the minimwn 12,000 square foot lot. It is incomprehensible to imaging a house built a few feet away from my back door. This decision was made in the best interest of our family and the neighborhood. ".,.>>..n ... ._" --"--'1"'" -~~.....~......_"..... -~ ---. -_.-. - -.--.. - .-.. -..-.... -..--..--- ,..... _.~ ~--- .-----.... "- II AP02PN" NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION DATE MAILED: MARCH 20, 1995 The Prior Lake Planning Department has received an application from Lawrence Schommer of 16588 Ramsey Avenue S.W. to consider an administrative land division within the existing plat of Green Heights. The proposal is to divide lot 41 and add the nonh 25' to the Schommer parcel (16588 Ramsey Avenue); and add the south 25' to Lot 42, (16596 Ramsey Avenue), as per attached survey reduction. Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager or representative to authorize subdivision approval without a public hearing under the following circumstances: 1. The division of prop'eny will not result in more than three parcels. 2. The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. 3. The resulting parcels generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. 4. The division will not cause any structure to be in violation of setbacks. 5. Any easements which may be required by the City must be granted. 6. The owners of land contiguous to the parcel must be notified in writing and no written objection received within ten days foIlowini notification. 7. Any written objection shall constitute an appeal. Such an objection shall be forwarded to the City Council who shall hear the objection and decide the matter. A copy of the proposed administrative land division, variance and location map are attached. Please accept this as official notification of this proposed administrative division. Written comments or objections regarding this matter should be submitted to the Planning Department by March 31, 1995. Because the subdivision requires a variance, this item will be considered by the City Council on Monday, April 3, 1995 at approximately 7:30 p.m. If you have questions regarding this matter, contact Deb Oarross at 447-4230. (U/UJJ0 Deb Garross Assistant City Planner Enclosure 16200 Eagle Creek Ave.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EOUAL OPPORTUNITY' E:'4PLOYER ~1.:''''.'. .....-.----..------~ - . . _. .__..~.._- -. --------- --- -VN>>Pf'l' NOTICE OF HEARING FOR VARIANCE You are hereby notified that the Prior Lake City Council will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, S.E. (Southwest of the intersection of C.R. 21 and Fish Point Road), on:Monday, April 3, 1995 at approximately 7:30 p.m. APPLICANT: SUBJECT SITE: Lawrence Schommer 16588 and 16596 Ramsey Avenue SW The south 1/2 of Lots 21, and 22, Green Heights and Lots 41 and 42 Green Heights. See attached maps for reference. REQUEST: The applicant proposes to divide Lot 41 in half and add the south 112 of Lot 41 to Lot. 42 Green Heights (parcel B). The north 112 of Lot 41 is proposed to be added to the south 1/2 of Lots 21 and 22 Green Heights. The Prior Lake Zoning Ordinance requires that newly subdivided lots be at least 86' wide and contain at least 12,000 square feet. The following variances are requested in order to subdivide the property as indicated on the attached drawing: 1. 11' Lot width variance for proposed Parcel A to allow the lot to be 75' instead of the required 86' wide. 2. 11' Lot width variance for proposed Parcel B to allow the lot to be 75' instead of the required 86' wide. 3. A 3,300 square foot lot area variance for Proposed Parcel A to allow a 8,700 instead of a 12,000 square foot lot. 4. A 2)00 square foot lot area variance for proposed Parcel B to allow a 9,300 instead of a 12,000 square foot lot. If you are interested in this issue, you should attend the hearing. The City Council will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.rn. Monday through Friday. Prior Lake Planning Department Date Mailed: March 20, 1995 16200 Eagle Creek Ave.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E;\1PLOYE.~ AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 7A LARRY ANDERSON, DIRECTOR OF PUBLIC WORKS CONSIDER DEFERRAL OF NORTHWOOD ROAD STREET IMPROVEMENT TO 1996 APRIL 3, 1995 The purpose of this Agenda item is to discuss with the Council deferring construction of Northwood Road from 1995 to 1996. Project 94-02, Northwood Road was approved by the City Council with the intention of constructing the improvements in 1995. The Council has approved Evergreen Land Services to negotiate easement acquisition and eminent domain proceedings in the event that the easement negotiations fail on some parcels. Initially it was anticipated that the Jim Dunn parcel would be platted by this time and easements would be dedicated without cost through the platting procedure. The individual pursuing the plat is no longer doing so, although a different developer is now pursuing the plat. If the construction occurs in 1996, that portion of the right-of-way may be obtained without cost. The plans for construction are completed and ready for bidding with minor adjustments. If construction for 1995 is pursued, the earliest construction could commence is mid to late July. Northwood Road has to be open for traffic to provide access to the residents. Bids will more than likely reflect higher costs with work being done in September with more likelihood of rain. It is staff's opinion that construction could occur in 1996 without increasing cost and more than likely decrease the project cost. By constructing in 1996, it is anticipated that Northwood Road costs could be held down due to the proposed development of the property to the west. Costs of the storm water ponds, sidewalks and related grading could be part of this property development costs. Easement acquisition costs along the west side in the development area could be obtained through dedication on the plat. Utility extensions have been included in the Northwood Road project which service this property to the west for future development. In addition, one area of the plans is being evaluated for grade adjustments to reduce existing watermain lowering. Right now the project costs are above the public hearing costs and staff is trying to keep this project within the scope of the public hearing cost and believes that deferral to 1996 is needed to accomplish this. Bidding in the early part of the year tends to be the most desirable time for competitive prices. Staff conducted an informational meeting with the property owners on March 7, 1995. At the meeting, staff explained that the project was being considered for construction in 1996. No one objected to this, some stated 16200 Eagle Creek Ave., Prior Lake, Minnesota 55:i'12-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EOUAL OPPORTUNITY EMPLOYER that they could defer their cost a year by waiting until 1996. The City will need to provide patching on Northwood Road if the project is deferred. ISSUES: The issue is should construction of Northwood Road be in 1995 or 1996? Staff believes from a financial standpoint, construction should occur in 1996. ALTERNATIVES: The alternatives are as follows: 1. Defer construction of Northwood Road to 1996. 2. Complete easement acquisition and eminent domain proceedings for Northwood Road and take bids for 1995 construction. 3. Table this item for a specific reason. RECOMMENDATION: The recommendation is to pursue finalizing project details including easement acquisition with bids being taken in February 1996 for 1996 construction. We will contact residents to advise them that the project has been deferred until 1996. ACTION REQUIRED: Make a motion to direct staff to implement construction of Northwood Road in 1996. AG04.ENG95 -2- 04--0 '-- March 28, 1995 RE: NORTHWOOD ROAD, STREET AND STORM SEWER IMPROVEMENT PROJECf STATUS Dear Property Owner: The City Council will be considering action at the Monday, April 3, 1995, meeting regarding postponing the construction of this project until 1996. Reasons for this action are: - If built in 1995, the earliest starting date would be July 15 which pushes construction into the fall when drying weather is less favorable and traffic access may be more difficult. - Bidding the project early in 1996 will permit construction to start early and occur during the most favorable weather when drying days are available in July and August. - Bidding the project early in 1996 will provide more competitive bidding to occur, to help hold costs down. - Potential development in 1996 along the west side could provide necessary easements through the the dedication process when platting, thus reducing the cost of easement purchases by the City. It is anticipated this item will occur on the City Council agenda after 8:00 P.M. if you wish to attend the meeting. The meeting will be held at Fire Station No. 1 located south of County Road 21 and east of Highway 13. Sincerely, 4~ L~Anderson Director of Public Works CITY OF PRIOR LAKE LJA/acj PSLE 1 S.ENG9S 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "_.'-----1".' _..._._~..._-_......_..-. ............-.~.._....._._._.... _.._.._.-......... ......._...__._............_......~..._.__. CITY HALL 16200 EAGLE CREEK AVE. S.E. ..: l1. O"lk"s ~. ~ ST. $.E. @ HURON ST. J: '" i: Prior T1I~ / : R22~R211J I -\UP I T1I4N I I I I I o I I I I I I I I I CITY COUNCIL CHAMBERS 16776 FISH POINT ROAD FIRE STATION NO. 1 WA TERFRONT PASSAGE BUSINESS PARK o ~ 2000 I I CITY OF PRIOR LAKE LOCATION MAP CITY COUNCIL CHAMBERS AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGEND~REPORT 78 PAUL BOETTCHER, ACTING ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION AWARDING BID FOR PROJECT 93-02, CARRIAGE HILLS PARKWAY STREET IMPROVEMENTS APRIL 3, 1995 The purpose of this Agenda item is to accept or reject the bids received and to enter into a contract for the construction of Project 93-02, Carriage Hills Parkway Street Improvements. Project 93-02 is the segment of Carriage Hills Parkway from CSAH 21 easterly to Pike Lake Trail. On July 18, 1994, the City Council approved Resolution 94-38 approving the plans and specifications and authorizing the advertisement of bids. There were two bids received on August 15, 1994. The City Council rejected the two bids because the low bid for $642,622.57 was substantially above the engineer's estimate. Staff believes that the bids were not competitive due to the time of year. Eminent domain proceedings were authorized by the City Council for land acquisition on December 14, 1993. Through the eminent domain proceedings, the City has taken possession of the land in February. The cost of the right-of-way acquisition will be determined in future commissioner hearings. Funding for this project is from the Municipal State Aid account and $60,000 from the 1993 construction bond issue. The City did deposit with the Scott County District Court an amount equal to the appraisal value of the property which is required for right-of-way the week of February 6, 1995. On February 6, 1995, the City Council approved Resolution 95-10 authorizing re-bidding the project on March 13, 1995, at 10:00 A.M. The seven bids received ranged from $512,513.30 to $673,610.00. These bids appear competitive and are within the engineer's estimate. A copy of the Bid Tabulation is attached. S. M. Hentges & Sons bid of $512,513.30 compares with the engineer's estimate of $540,000.00. A permit has been approved by the Prior Lake/Spring Lake Watershed District with four contingencies. Staff believes the contingencies will be met. Approval of the Resolution is contingent upon the receipt of the Watershed permit. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55312-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: The alternatives are as follows: 1. Approve the Resolution awarding the contract to S.M. Hentges & Sons. 2. Table this item for a specific reason. 3. Deny the project at this time. RECOMMENDATION: The recommendation is to approve alternative No.1. Construction is expected to be completed by July 1. 1995. 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(J 0 ~ ~ z 0 < 5= ~ ffi ~ :& i= ~ ~ 0 ... ~ it W 5= i= ~ ~ w 0 (J .... >- 0 m ~ ffi ~ :x:~ o N .., g N o .- uj ~ ~ W :J: ~ o ID uj :J: 5 (J d f $ z :i 0 w a: z :& ~ ~ ~ ~ :i~ i cr:' 8 .N o ~ ID ~ Ii; i~ -RS93Q2" RESOLUTION 95-18 RESOLUTION ACCEPTING BID FOR PROJECT 93-02 CARRIAGE HILLS PARKWAY STREET IMPROVEMENTS MOTION BY: SECONDED BY: WHEREAS, pursuant to an Advertisement for Bids for the improvement of Carriage Hills Parkway street improvements by the construction of grading, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, sidewalks, and appurtenant work; and WHEREAS, bids were received, opened, and tabulated according to the law, and the following bids were received complying with the advertisement: CONTRACfOR BASE BID 1. S. M. Hentges & Sons 2. McNamara Contracting 3. Valley Paving 4. Northwest Asphalt 5. Ryan Contracting 6. Hardrives 7. Abhe & Svoboda $512,513.30 $514,715.75 $521,390.32 $537,726.98 $556,263.08 $558,160.49 $673,610.00 AND WHEREAS, it appears that S. M. Hentges & Sons of Jordan, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The Mayor and City Manager are hereby authorized to enter into the attached contract with S. M. Hentges & Sons of Jordan, Minnesota in the name of the City of Prior Lake for the improvement of Carriage Hills Parkway street improvements by the construction of grading, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work; according to the plans and specifications therefore approved by the City Council and on file in the office of the City Manager. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. The City Manager is hereby authorized and directed to return forthwith to all bidders the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. 3. Award of Project 93-02 is contingent upon permit approval by the Prior Lake/Spring Lake Watershed. Passed and adopted this 3rd day of April, 1995. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Frank Boyles City Manager City of Prior Lake { Seal } DOCUMENT 00500 AGREEMENT TInS AGREEMENT, made as of the 3rd day of ADril , 19--25-, by and between S.M. Hen~es & Sons. Inc. (name of contractor, i.e., name of corporation, partnership, all contracting individuals and their business name), a Minnesota (name of state where incorporated or formed and whether a corporation, Minnesota general partnership, etc.), hereinafter called "CONTRACTOR", and the City of Prior Lake, a Minnesota municipal corporation (hereinafter called the "OWNER" and sometimes referred to as the "City". RECITALS WHEREAS, CONTRACTOR has been selected by the OWNER in accordance with Minnesota law to provide materials, equipment and labor necessary for construction and completion of certain improvements as set forth herein, and WHEREAS, CONTRACTOR has agreed to perform its obligations, covenants and undertaking as contained herein in consideration for payment as contained herein. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions as hereinafter set forth, the parties agree as follows: 1. The CONTRACTOR agrees to provide all the materials, equipment, and labor necessary for the complete construction of all the improvements, work and/or obligations of CONTRACTOR (hereinafter referred to as "Work" as required by the drawings, specifications, exhibits, conditions, covenants and agreements as contained in the documents prepared by MSA Consultin~ Enl:"ineers for Project 93-02 , collectively referred to as "Contract Documents", and to do everything required by the Contract Document previously furnished to the CONTRACTOR by the OWNER and receipted for by the CONTRACTOR. 2. The CONTRACTOR agrees that the Work contemplated by the Contract Documents shall be entirely completed with the exception of the bituminous wear course on or before July 15th ,19 95 and bituminous wear course placed by July 15. 1996 3. The OWNER agrees to pay CONTRACTOR in current funds for the performance of its obligations pursuant to the Contract Documents the sum of Five hundred twelve thousand five hundred thirteen and 30/100 Dollars ($ 512.513.30 ), subject to the additions and deductions as provided for in the specifications to the Contract Documents as provided for in said specifications, except as hereinafter stated: frorlll02.003 8 102~20 '~.4'M__'-"'~"r" 'M'.. ....... ""- ." 4. The CONTRACTOR and the OWNER agree that the Contract Documents, including but not limited to the specifications, drawings, standard general conditions, instructions to bidder, supplementary conditions, special provisions, standard utility specifications, if any, and CONTRACTOR bids, and such other provisions as contained in the Contract Documents, are incorporated herein by reference and are a part of this Agreement as if attached or repeated herein. With respect to the drawings and specifications which are part of the Contract Documents, the CONTRACTOR and OWNER agree that the following shall constitute a complete list of said drawings and specifications. Specifications: For Gradini. Streets. and Storm Sewer IIl\Provements on Carriaie Hills Parkway dated Februa1)'. 1995 Drawings: For Gradin~. Streets. and Storm Sewer Improvements on Caniaie Hills Parkway dated Februa1)'. 1995 5. Prior to execution of this Agreement, the CONTRACTOR shall furnish to the OWNER for review by the City Engineer and/or City Attorney all bid bonds, performance bonds, letters of credit, insurance certificates, evidence of insurance in fmal form, as required by the Contract Documents. In addition, prior to execution of this Agreement, the CONTRACTOR, if a partnership or corporation, shall furnish to the City Engineer and/or City Attorney such resolutions, opinions of counsel, or evidence of authority required to ensure that the CONTRACTOR, upon its execution of this Agreement, shall be fully bound by its terms. 6. CONTRACTOR Representations, CONTRACTOR represents and warrants that neither the execution and delivery of this Agreement, consummation of the transactions contemplated hereby, nor the fulfIllment of or a compliance with the terms and conditions of this Agreement is prevented or limited by, or in conflict with or will result in breach of, the terms, conditions, or provisions of any restriction of CONTRACTOR, or evidence of indebtedness, agreement or instrument of whatever nature to which CONTRACTOR is now party or by which it is bound or will constitute a default under any of the foregoing. CONTRACTOR further represents and warrants that CONTRACTOR will cooperate with the OWNER with respect to any litigation commenced with respect to the Work contemplated herein. CONTRACTOR represents and warrants that the Work will conform to all laws, regulations, and ordinances of all local, state, and federal government authorities. 7. Non-Discrimination, The provisions of Minnesota Statutes~ Section 181.59, and of Chapter 11, Title 1, of Prior lake City Code, which relate to civil rights and discrimination and affmnative action shall be considered a part of this Agreement as though wholly set forth herein, and CONTRACTOR agrees to comply therewith. In addition, CONTRACTOR specifically agrees: a. That with respect to any and all businesses conducted or acts performed pursuant to this Agreement, CONTRACTOR shall be deemed an employer frontl02.003 9 102-003-20 within the meaning of Chapter 11 and shall be subject to the provisions of Chapter 11. b. This in the event CONTRACTOR fails to perform the aforesaid contractual provisions of Chapter 11, this Agreement may forthwith be terminated and cancelled in whole or in part by OWNER and CONTRACTOR shall be liable for any costs or expense incurred by OWNER in obtaining from other sources the Work and services to be rendered or performed or the goods or properties to be furnished or delivered to OWNER under this Agreement so terminated or cancelled. c. That should OWNER in a proceeding brought as provided in Chapter 11 find that CONTRACTOR has engaged in discrimination in connection with this Agreement and issue a cease and desist order with respect thereto, OWNER shall uphold up to 15 % of said contract price, if applicable, until such time as OWNER's order has been complied with or said other contracting party has been adjudicated not guilty of such discrimination. d. That CONTRACTOR will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling OWNER, its agencies or representatives, to ascertain compliance with the provisions of Chapter 11 applicable to CONTRACTOR. e. That Chapter 11 shall be binding on all contractors, subcontractors, or suppliers. 8. Assi&Jlll1ent, CONTRACTOR represents and agrees for itself, its successors and assigns that CONTRACTOR has not made or created and that it will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or any trust or power to transfer in any other mode or form of or with respect to this Agreement or any part thereof or interest therein or in CONTRACTOR without the prior written approval of OWNER. 9. General, a. 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. b. 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 notice 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 from 102.003 10 102-003-20 the above. The address of the parties hereto are as follows, until changed by notice give as above: If to the OWNER: City Engineer 16200 Eagle Creek Avenue S.E. PriorLake,~ 55372 With a copy to: If to CONTRACTOR: S. M. Hent~es & Sons. Inc. P.O. Box 69. 60 Ouaker Avenue. Suite 200 Jordan. MN 55352 With a copy to: c. Except as otherwise provided in this Agreement, the rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement shall be cumulative, and the exercise by either party of anyone or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner of time thereof, or any obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to is own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver of any other obligation of the other party. Delay by a party hereto in instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. d. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. e. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. frollll02JX)3 11 102-003-20 IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be duly executed on the day and year first above written. Approved by the City Council on the 3rd day of April, 19~. CITY OF PRIOR LAKE BY Its Mayor BY Its City Manager CONTRACTOR: BY Its BY Its Approved as to form: froatl02.003 12 10248-20 NOTICE OF AWARD Dated April3rd , 19--2L TO: S M. Hent~es & Sons. Inc. (Bidder) ADDRESS: P.o. Box 69.650 Ouaker Avenue. Suite 200. Jordan. MN 55352 OWNER'S PROJECT NO.: 93-02 PROJECT: . Gradin~. Streets. Storm Sewer Improvements on Carria~e Hills ParkwC\y OWNER'S CONTRACT NO.: 102-003-20 CONTRACT FOR: Gradin~. Streets. Storm Sewer Improvements on Carria~e Hills ParkwC\J (Insert name of Contract as it appears in the Bidding Documents) You are notified that your Bid dated March 13th , 19..2L, for the above Contract has been considered. You are the apparent successful bidder and have been awarded the contract for Gradin~. Streets. Storm Sewer Improvements on Carriaie Hills Parkway (Indicate total Work. alternates or sections of Work awarded) The Contract Price of your contract is Five hundred twelve thousand five hundred thirteen and 30/100- --- Dollars ($ 512.513.30 ). Three copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three sets of the Drav/ings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by April 18th , 19 95 1. You must deliver to the OWNER three fully executed counterparts of the Agreement including all the Contract Documents. This includes the triplicate sets of Drawings. Each of the Contract Documents must .bear your signature on (the cover) page. 2. You must deliver the executed Agreement the Contract Security (Bonds) as specified in the Information for Bidders, General Conditions (paragraph 22) and Supplementary Conditions (paragraph SC-22). front I 02.003 17 1024)3-20 .~ 3. (List other conditions precedent). Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. City of Prior Lake (Owner) By (Authorized Signature) (Title) Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) froDlI02.003 18 102~20 '"-'-"'-"~-"'---"-"'--'---"-'.~"~"T"'-"---'---- -'-'--' AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: ALTERNATIVES: STAFF AGENDA REPORT 7C PAUL BOETTCHER, ACTING ASSISTANT ENGINEER CONSIDER APPROVAL OF A RESOLUTION AWARDING BID FOR PROJECT 94-06 PARKING LOT IMPROVEMENTS AT SAND POINT BEACH APRIL 3, 1995 The purpose of this Agenda item is to accept or reject the bids received and to enter into a contract for the construction of Project 94-06, Parking Lot Improvements at Sand Point Beach. On February 21, 1995, the City Council approved the Advertisement for Bids for the improvement of Parking Lot Improvements at Sand Point Beach for a bid opening on March 22, 1995 at 10:15 A.M. The City's original feasibility cost estimate for this project was $60,167 for construction. The engineer's estimate for construction was $82,146 for all the work items, however, this can be reduced to $67,072 if the Parks Department performs the restoration and irrigation work. The items pulled out of the base bid contract that the Parks Department has agreed to construct are topsoil, seeding, sodding, and irrigation work. The Alternative Bid deleted these items. These items will be installed by the Parks Department and materials costs will be paid for from the 1995 Parks Operational Budget. This project was to have been constructed in the fall of 1994, and now has been carried over to 1995. In order to accomplish the construction of the paved parking lot with curb and gutter and have it open for use by Memorial Day, it needs to be awarded as soon as possible. The six bids received ranged from $79,729 to $117,425 for Base Bid for all the work items and from $67,072 to $101,829 for Alternative Bid which deleted the items proposed to be performed by the Parks Department. A copy of the Bid Tabulation is attached. The Engineering and Parks Department have reviewed the bids and recommend awarding this project for the Alternative, Bid, Schedule 1.A, in the amount of $67,071.97 to Neisen Paving, Inc. The alternatives are as follows: 1. Approve the Resolution awarding the contract to Neisen Paving, Inc. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55312-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 2. Table this item for a specific reason. 3. Deny the project at this time. RECOMMENDATION: The recommendation is to approve alternative No.1. FINANCIAL IMPACT: The cost of Project 94-06 will be recovered through the Ad Valorem Tax Levy which has been included in the 1994 construction bond issue, and the 1995 Parks 0 rational Budget. AG43.ENG95 ACTION REQUIRED: pprove the Resolution as recommended. 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II) G) ~ :: ~ ~ :: ~ ~ ~ = ~ ~ N ~ ~ ~ ~ ~ o N -d. CO') q N ~ o II) ~ N c. ~ 8 ~ II) ~ - C) ... i! o 7 w ~ a: ~ c( .... 9 C) z 2 a: c( Q. ~ o Q. Q Z ~ ~ .. w 5 a w % U to i ..,; CD G) CO') s .. .... " RS9406" RESOLUTION 95-19 RESOLUTION ACCEPTING BID FOR PROJECT 94-06 PARKING LOT IMPROVEMENTS AT SAND POINT BEACH MOTION BY: WHEREAS, SECONDED BY: pursuant to an Advertisement for Bids for the improvement of Parking Lot Improvements at Sand Point Beach by the construction of grading, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work; and WHEREAS, bids were received, opened, and tabulated according to the law, and the following bids were received complying with the advertisement: CONTRACfOR BASE BID ALTERNATIVE BID 1. Niesen Paving 2. Valley Paving 3. McNamara Contracting 4. K.A.W.H. Construction Inc. 5. Hardrives Inc. 6. Barber Construction Inc. $ 79,728.72 $ 83,332.35 $ 88,336.75 $ 90,766.30 $ 97,544.00 $117,426.50 $ 67,071.97 $ 71,583.10 $ 71,814.50 $ 77,470.05 $ 81,855.00 $101,828.50 AND WHEREAS, it appears that Niesen Paving of Belle Plain, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The Engineering and Parks Department have evaluated the Base Bid and Alternative Bid and recommend award of the Alternative Bid for $67,071.97. The Parks Department shall perform the "remaining site work items. 2. The Mayor and City Manager are hereby authorized to enter into the attached contract with Niesen Paving in Belle Plain, Minnesota in the name of the City of Prior Lake for the improvements of Parking Lot Improvements at Sand Point Beach by the construction of grading, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work; according to the plans and specifications therefore 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORlUNITY EMPLOYER approved by the City Council and on file in the office of the City Manager. 3. The City Manager is hereby authorized and directed to return forthwith to all bidders the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Passed and adopted this 3rd day of April, 1995. YES NO Andren Greenfield Kedrowski Schenck Scott Andren Greenfield Kedrowski Schenck Scott Prank Boyles City Manager City of Prior Lake { Seal } "_____....-.-..,~_~_..._.~....>__~____'"._~~,'""_'~"..................-'~,'.,..____.........,4_~......,.,--..-..........-~'.,.-.,."'..-"""-......,. ,~,_,~".",.=..,,,_.,,.~,,.",......,,'~~,,.~."""'"" DOCUl\1ENT 00500 AGREEMENT TInS AGREEMENT, made as of the 3rd day of April , 19..2L, by and between Neisen Pavin~ Co.. Inc. (name of contractor, i.e., name of corporation, partnership, all contracting individuals and their business name), a Minnesota (name of state where incorporated or formed and whether a corporation, Minnesota general partnership, etc.), hereinafter called "CONTRACTOR", and the City of Prior Lake, a Minnesota municipal corporation (hereinafter called the "OWNER" and sometimes referred to as the "City". RECITALS WHEREAS, CONTRACTOR has been selected by the OWNER in accordance with Minnesota law to provide materials, equipment and labor necessary for construction and completion of certain improvements as set forth herein, and WHEREAS, CONTRACTOR has agreed to perform its obligations, covenants and undertaking as contained herein in consideration for payment as contained herein. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions as hereinafter set forth, the parties agree as follows: 1. The CONTRACTOR agrees to provide all the materials, equipment, and labor necessary for the complete construction of all the improvements, work and/or obligations of CONTRACTOR (hereinafter referred to as "Work" as required by the drawings, specifications, exhibits, conditions, covenants and agreements as contained in the documents prepared by ...MSA Consultin~ En~ineers for Project 94-06 , collectively referred to as "Contract Documents" , and to do everything required by the Contract Document previously furnished to the CONTRACTOR by the OWNER and receipted for by the CONTRACTOR. 2. The CONTRACTOR agrees that the Work contemplated by the Contract Documents shall be entirely completed including the bituminous wear course on or before _ May 26th ,19 95 . 3. The OWNER agrees to pay CONTRACTOR in current funds for the performance of its obligations pursuant to the Contract Documents the sum of Sixty seven thousand. seventy- one and 97/100 Dollars ($ 67.076.97 ), subject to the additions and deductions as provided for in the specifications to the Contract Documents as provided for in said specifications, except as hereinafter stated: fromlO2.039 8 102-039-20 4. The CONTRACTOR and the OWNER agree that the Contract Documents, including but not limited to the specifications, drawings, standard general conditions, instructions to bidder, supplementary conditions, special provisions, standard utility specifications, if any, and CONTRACTOR bids, and such other provisions as contained in the Contract Documents, are incorporated herein by reference and are a part of this Agreement as if attached or repeated herein. With respect to the drawings and specifications which are part of the Contract Documents, the CONTRACTOR and OWNER agree that the following shall constitute a complete list of said drawings and specifications. Specifications: Parkini Lot IlllProvements at Sand Point Beach Dated Februat:)'. 1995 Drawings: Parkini Lot Improvements at Sand Point Beach Dated Februaty. 1995 5. Prior to execution of this Agreement, the CONTRACTOR shall furnish to the OWNER for review by the City Engineer and/or City Attorney all bid bonds, performance bonds, letters of credit, insurance certificates, evidence of insurance in final form, as required by the Contract Documents. In addition, prior to execution of this Agreement, the CONTRACTOR, if a partnership or corporation, shall furnish to the City Engineer and/or City Attorney such resolutions, opinions of counsel, or evidence of authority required to ensure that the CONTRACTOR, upon its execution of this Agreement, shall be fully bound by its terms. 6. CONTRACTOR Representations, CONTRACTOR represents and warrants that neither the execution and delivery of this Agreement, consummation of the transactions contemplated hereby, nor the fulfillment of or a compliance with the terms and conditions of this Agreement is prevented or limited by, or in conflict with or will result in breach of, the terms, conditions, or provisions of any restriction of CONTRACTOR, or evidence of indebtedness, agreement or instrument of whatever nature to which CONTRACTOR is now party or by which it is bound or will constitute a default under any of the foregoing. CONTRACTOR further represents and warrants that CONTRACTOR will cooperate with the OWNER with respect to any litigation commenced with respect to the Work contemplated herein. CONTRACTOR represents and warrants that the Work will conform to all laws, regulations, and ordinances of all local, state, and federal government authorities. 7. Non-Discrimination, The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title 1, of Prior lake City Code, which relate to civil rights and discrimination and affirmative action shall be considered a part of this Agreement as though wholly set forth herein, and CONTRACTOR agrees to comply therewith. In addition, CONTRACTOR specifically agrees: fronl102.039 9 102-039-20 . . . ....-.....-..-.. ..-. ..---.--,..... .-.-.--.--.---.- a. That with respect to any and all businesses conducted or acts performed pursuant to this Agreement, CONTRACTOR shall be deemed an employer within the meaning of Chapter 11 and shall be subject to the provisions of Chapter 11. b. This in the event CONTRACTOR fails to perform the aforesaid contractual provisions of Chapter 11, this Agreement may forthwith be terminated and cancelled in whole or in part by OWNER and CONTRACTOR shall be liable for any costs or expense incurred by OWNER in obtaining from other sources the Work and services to be rendered or performed or the goods or properties to be furnished or delivered to OWNER under this Agreement so terminated or cancelled. c. That should OWNER in a proceeding brought as provided in Chapter 11 find that CONTRACTOR has engaged in discrimination in connection with this Agreement and issue a cease and desist order with respect thereto, OWNER shall uphold up to 15% of said contract price, if applicable, until such time as OWNER's order has been complied with or said other contracting party has been adjudicated not guilty of such discrimination. d. That CONTRACTOR will permit access to any and all records pertaining to hiring and employment and to other pertinent data and records for the purpose of enabling OWNER, its agencies or representatives, to ascertain compliance with the provisions of Chapter 11 applicable to CONTRACTOR. e. That Chapter 11 shall be binding on all contractors, subcontractors, or suppliers. 8. AssilJ1Dlent, CONTRACTOR represents and agrees for itself, its successors and assigns that CONTRACTOR has not made or created and that it will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or any trust or power to transfer in any other mode or form of or with respect to this Agreement or any part thereof or interest therein or in CONTRACTOR without the prior written approval of OWNER. 9. General, a. 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. b. 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 notice 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 fronl102.039 10 102~9-20 when delivered personally or when deposited in the mail in accordance with the above. The address of the parties hereto are as follows, until changed by notice give as above: If to the OWNER: City Engineer, City of Prior Lake 16200 Eagle Creek Avenue S.E. PriorLake,~ 55372 With a copy to: Glenn R. Kessel, Esq. LOMMEN, NELSON, COLE & STAGEBERG, P.A. 80 South Eighth Street Minneapolis, MN 55402 If to CONTRACTOR: Neisen Pavin~ Co.. Inc. 1 0916 West 280th Street Belle Plain. MN 56011 With a copy to: c. Except as otherwise provided in this Agreement, the rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement shall be cumulative, and the exercise by either party of anyone or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner of time thereof, or any obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to is own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver of any other obligation of the other party. Delay by a party hereto in instituting or prosecuting any cause of action or claim hereunder shall not be deemed a waiver of any rights hereunder. d. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. e. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. froml02.039 11 102~9-20 IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be duly executed on the day and year first above written. Approved by the City Council on the 3rd day of April ,19~. CITY OF PRIOR LAKE BY Its Mayor BY Its City Manager CONTRACTOR: BY Its BY Its Approved as to form: rro..l02.039 12 1024l9-20 NOTICE OF AWARD Dated April3rd , 19 95 TO: Neisen Pavin~ Co. Inc. (Bidder) ADDRESS: 10916 West 280th Street. Belle Plain. MN 56011 OWNER'S PROJECT NO.: 94-06 PROJECT: Parkin~ Lot Improvements at Sand Point Beach OWNER'S CONTRACT NO.: 94-06 CONTRACT FOR: Parkin~ Lot Improvements at Sand Point Beach (Insert name of Contract as it appears in the Bidding Documents) You are notified that your Bid dated March 22nd , 19..2L, for the above Contract has been considered. You are the apparent successful bidder and have been awarded the contract for Parkin~ Lot hnprovements at Sand Point Beach (Indicate total Work. alternates or sections of Wark awarded) The Contract Price of your contract is Sixty seven thousand. seventy-one and 97/100 Dollars ($ 67.076 97 ). Three copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by April 18th , 19 95 1. You must deliver to the OWNER three fully executed counterparts of the Agreement including all the Contract Documents. This includes the triplicate sets of Drawings. Each of the Contract Documents must bear your signature on (the cover) page. 2. You must deliver the executed Agreement the Contract Security (Bonds) as specified in the Information for Bidders, General Conditions (paragraph 22) and Supplementary Conditions (paragraph SC-22). frontl02.039 17 102-039-20 "".,,,,"+-",""~""" ",...""..... .._'.~".~.,_.,.,.,~..,._ '.",_ ",___ ..._" , .".~__......~L..~_'.',.... _"''"''''''''~ '""'.',~. "~ 3. (List other conditions precedent). Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. City of Prior Lake (Owner) By (Authorized Signature) (Title) Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) front102.039 18 102-039-20 STAFF AGENDA REPORT AGENDA #: SUBJECT: DATE: 8A CONSIDER APPEAL OF VARIANCES FOR CARTER DON NARVESON - SUBJECT SITE: 3845 GREEN HEIGHTS TRAIL SW APRIL 3, 1995 INTRODUCTION: Carter Don Narveson, 3845 Green Heights Trail SW, submitted an application for a variance to allow the replacement of the existing deck and walkway as follows: 1. Variance to permit a deck on the east side yard with a setback of 5.57 feet instead of the required 7 feet. 2. A deck in the north front yard having a setback of 16.65 feet instead of the required 25 feet. 3. Allowing a total impervious surface of 530/0 instead of the maximum of 300/0. 4. West side yard setback for the deck of 5.74 feet instead of the required 10 feet. 5. A west side yard setback of 3 feet for the existing carport instead of the required 10 feet. 6. An east side yard setback of 8 feet for the existing carport instead of the required 10 feet. 7. An accessory structure having an area of 1,029.75 square feet instead of the maximum of 832 square feet. A public hearing was set for January 19, 1995 and the variances were heard at that time. Following considerable input by neighborhood residents as well as the applicant the Planning Commission deferred the request until February 13, 1995 to allow the applicant time to explore the possibility of acquiring the vacant lot next door to the subject property. Staff met with Mr. Narveson on Friday, February 3, 1995 at which time the survey of the adjacent vacant lot and a copy of a purchase agreement between Mr. Narveson and the current owner of the vacant lot were reviewed. -1- 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Review of the survey indicated that in the event the lot next door was acquired, the need for three of the seven variances originally applied for would be eliminated. Specifically the variances dealing with the west side yard setback for the deck, the west side yard for the carport and the impervious surface variance would all be eliminated. At that time Staff informed Mr. Narveson that the Staff recommendation would remain unchanged. The reason for this is that if the lot next door were to be acquired, the fact that the variances were denied is immaterial as the Ordinance would not apply to the larger lot. If the lot is not acquired, the existing situation is not changed nor is the Staff recommendation. On February 13, the Planning Commission eventually concurred with the Staff recommendation except that they approved an impervious surface on the property of 500/0 as opposed to the Staff recommendation of 390/0. Otherwise the Planning Commission recommended the variance for the east side yard setback for the deck and the north front yard setbacks for the deck and denied the west side yard setback for the deck, the west side yard setback for the existing carport, the east side yard setback for the existing carport and an impervious surface coverage of 530/0 and an accessory structure having an area of 1,029.75 square feet. The Planning Commission's intent was for the applicant to remove the carport on each side of the existing garage inasmuch as these carports were constructed without building permits. but allowing most of the concrete driveway to remain. . . . Two appeals have been filed with respect to this case. The applicant, Mr. Narveson, has filed an appeal based upon his contention that the Commission did not have sufficient information to reach their decision. ANALYSIS: An appeal was also received from ten neighborhood residents objecting to the variance for the impervious surface coverage. A copy of their letter of appeal is attached to this report. The letter also addresses their concern for granting a variance in the circumstance where construction was performed without benefit of a legal building permit. The original Staff Report concluded that the criteria were met for granting the east and north side variances for replacement of the deck as an integral part of the house. Access to the house would be compromised if the deck were not able to be reconstructed. In addition, a 90/0 increase in the impervious surface was recommended recognizing the physical circumstances of the property. The report concluded that the remaining variances for greater impervious surface coverage as well as set backs resulting in the carports and the subsequent increased size of the garage were not justified and recommended denial. Mr. Narveson maintained that the Planning Commission did not have adequate information upon which to base its decision, although his appeal fails to indicate what specific information was lacking which the Planning Commission might have considered. The appeal from the neighboring property owners is specific in its opposition to the variance allowing impervious surface of nearly 50%. Staff reviewed previous variances for impervious surface coverage and the largest variance which has been granted to date was for an impervious surface coverage of -2- ALTERNATIVES: 43.6%. The appellants expressed concern over the negative impact that this excessive amount of impervious surface coverage may have on the adjacent neighborhood. As indicated previously, Staff felt that improvement of the carports and a portion of the driveway reducing the impervious surface coverage to 39% would be justified and recommended to that effect. The City Council has five alternatives in this case: 1. The City Council could support the initial Staff recommendation. 2. The City Council could support the Planning Commission recommendation which allows the greater impervious surface coverage but is otherwise identical to the Staff recommendation. 3. The City Council could support the appeal of the neighborhood residents which presumably would require compliance with the maximum impervious surface coverage of 300/0. 4. The City Council could grant all of the variances as requested. 5. The City Council could approve some or all of the requested variances as specified. RECOMMENDATION: It is recommended that the City Council support Alternative 1 and direct preparation of the appropriate Resolution, with Findings for consideration at the next City Council meeting. "VAO 1 CC" -3- 1 I I >- II- III 10 ~ ~~ ~ ~'" ~~ ~<.. ~~ ~; ala >>~ .- ..i " , ~ ~\ ., \ , \ , -- J c..I (") en 3:1>C: :aUl:U~ r-G)-f~ >:a"'< ~~:u." .. ~ :a z ~ ~%Z." z~1>Jio .-:u:a UlG)<~ UI%",O ~C;:cn~ N-I03i ~ Z" r: -II is , "' 1 ) = ~ . V. I . . S p~ IEl.i ItIIJ tz I :::a .... ;!i .... o z , \ , \ \ , , , '- ,. ,. ,. " , I 10 _II , I, . I I' .1 :-, ., : , , , , '..I I I' . I 1- ,- I. " 'I .-1. -- !~ ,~ ):: ~~ I I ~ff '0 "' ;"' ~ I~ :5 "' I~ ,. , , :II: I~ :3 CI III '0 =, . .\ ~">~":P \ 4"'-~\ ~ ~~:> \ q '\:: 'Z. ~ <;:: ~ ~ ~ ~ \S' " -r~ -t ." .,.. en ..- ~ ::a ::a C:Q ~ r-->- ~0_"'-4 _ :!! ::a ~"' - ~~!:i\;~ z~zo ~"'"'-4 hen _.. ~.. c: at!;:: - ., -z ~ < NZ o.~ -"'0.... ~ ten~ 0 :; ....~n~Q I ~~~ ~ n ~ ("') ~UI~!: ~ UlOZ. ~i i =lJ !;::~ c: . ~ II ":r ~ 0 8: I ~ ,= ,011 oC .... II .... r:r ... CI ~ ~ ~ S ~ ;::. \r'. U" s:: rc ~ ~ 3 )> V ~ I- ~ s- ~~~; ~ -=- ':.~ (')~ ~~ ~o ~ c::::> \'\ G! ,......r-........... r1CtJ.- \ '-" ~!'"Oo \ - ..~ ,- f1 t: t-: E' ; L" .~. .' .~ - -J 1('10- Cr-O ' t,jJJ 1 ~;..) ) ~._;~~" 1995 February 21, 1995 . " Mr. Frank Boyles Prior Lake City Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372-1714 Dear Mr. Boyles: This letter is an appeal to the variances allowed to Carter Narveson, 3845 Green Heights Trail. The staff recommendations in the Monday night, February 13, 1995, Prior Lake Planning Commission meeting were altered by the commission and passed to our disapproval. Weare in full support of the original staff recommendations which were presented to the Planning Commission. The staff recommended variance allowances for: 1. Allowing an east side yard setback of 5.57 feet instead of the required 10ft. 2. Allowing a north front yard setback of 16.65 feet instead of the required 25 ft. 3. Allowing an impervious surface of39% instead of the maximum 30%. The staff did not recommend aDDroval of variance for: 1. An 8 foot east side yard variance instead of the required 10 foot side yard for the existing eastern car port. 2. A 3 foot west side setback instead of the required 10 foot setback for the existing western carport. 3. An impervious surface of 53% instead of the maximum 30%. 4. Accessory structure having floor area of 1,029.75 square feet instead of the maximum of 832 square feet. Specifically, we are in disagreement with the granted variance of the impervious coverage. Each of us live on the north side of Green Heights trail which is a lower elevation of approx 15 feet, and we are concerned over the continued environmental impact that the runoff is currently creating. The current city code allows 30% maximum impervious coverage for residential allowance, and the maximum coverage granted to date since the Page 2 Mr. Frank Boyles Prior Lake City Manager Re: Carter NaIVeson February 21, 1995 ordinance took effect has been 43.6%. The commission has granted Mr. NaIVeson a final impeIVious covering of 49.8%, an increase of 14.2% over the greatest ever allowable amount. The variance is 66% over the maximum allowed. Weare greatly concerned over the negative impact that this impervious coverage allowance may have on the ever developing neighborhood. Many properties are being upgraded, and this allowance Inay set a precident for future requests for allowance, which will greatly affect the natural runoff and asthetics of the area. Ultimately, this may drive the value of the properties down due to the increased water problems, and decreased natural foilage coverage of the area. We are also concerned over the tolerance that the planning commission has shown over construction that has been performed without a permit, as demonstrated in the hearing for Carter Narveson. It was clear that the construction was performed after the ordinances were in place, without legal permit for either the construction or the variance that would have been required. Our community is growing, and in our opinion it would be in the best interest of the city to maintain a strict and consistant adherance to the ordinances. There are also hearings to grant variance approval before construction commences, thus avoiding the situation currently at hand with Mr. Narveson. We request that the City Council uphold the original staff recommendation, as presented at the hearing. I am acting as spokesperson for the residents listed below. ~ ~~L/~ avid F. Miller Tom and Judy Denman 3800 Green Heights Trail S.W. David and Peg Miller 3834 Green Heights Trail S.W. Rick and Julie Wamer 3814 Green Heights Trail S.W. Elva Fahrenkamp 3844 Green Heights Trail S.W. Earl and Marlys Dittman 16530 Dunkirk Ave. ~"'.".~._---"....,,- "',,-""_.~ ."",, ",,",,". ,. ._--..~--"..~ ,,--,-~.,. "" ..."-_.#,, ....---..- ,-,_._- r, Don Rye responded to the above concerns. Dave Salonen, 3884 Cross Street, stated his concerns as residents were told by the Westbury Ponds developer this would be a single family development and construction of a business would not be a priate; applicant could look for property in the Business Park; notification of hearing was less th wee , d residents on Willow Lane should be notified Don Ramrn, 16811 w Lane, wanted to know why Willow Lane residents were notified He stated Phase 1 of Westbury Pon romised traffic lights that are still not up and there' still heavy construction and regular traffic on Willow e. Mark LaFrankie, 3862 Willowwood activity is planned. ction time frame and what sort of Brett Strayer, 16877 Westbury Avenue, main co rn was traffic safety. He is not against applicant but thinks there are other business property av' Ie in Prior L~ MI: Strayer would like Fairview to do a market study of the site. no representation at the hearing. CONDBY ARNOLD TO TABLE THE HEARING. Votes taken si . ed ayes by Roseth, Arnold, Loftus, Kuykendall and Vonhof. MOTION 'oner Vonhof requested extra traffic patrol by the police department for Willow L ood Street. ITEMID - CARlERNARVFSON - VARIANCECONTINUA110N 1he Public Hearing was called to order at 8:28 p.m. and a sign-up sheet was circulated. Planning Director, Don Rye presented the Supplemental Report for the Carter Narveson variance request MI: Narveson met with MI: Rye to discuss the new information presented at the January 19, 1995 hearing. Based on this new information MI: Narveson was told staffs recoIIUIrlldation would be the same. Planning Director, Don Rye read a letter submitted by Robert R. Herr supporting the variance requests. Carter Narveson, 3845 Green Heights Trail, stated he had no documentation to verify his conversations with the City directing him to build the carports or the document signing off approval. Building Inspector/Code Enforcement Officer, Jay Scherer stated on June 8, 1990 he did an inspection on the property and found 5 junk vehicles, car parts, tires, 55 gallon barrels, miscellaneous refuse and weeds. A letter was sent to MI: Narveson to correct the violations on or before June 25, 1990. The City does not have any records of the documents M.t Narveson is referring to. M.t Scherer remembers telling Mr. Narveson certain things can be screened from the public view and therefore be in compliance with the Code but does not recall telling MI: Narveson to build carports without permits. Craig Tschida, Mitch Frank, Keith Berkil and Jane Kcenig, neighbors of M.t Narveson expressed their support in granting the variances. PLANNING COMMISSION February 13, 1995 Page 2 Comments from Commissioners included: neighborhood support; alleviate east carport; should remmel and make deck safe; remodification reducing im~rvious swface percentage; if Mt Narveson did not know he should have known to get permits for improvements; support for staff recolIlIrendation. MOTION BY KUYKENDALL, SECOND BY ARNOlD, TO ADOPT RESOLUTION 95-03PC. Vote taken signified ayes by Kuykendall, Arnold, Roseth, Loftus and Vonhof. MOTION CARRIED. MOTION BY KUYKENDALL, SECOND BY LOFTUS TO ADOPT RESOLUTION 95-04PC. Vote taken signified ayes by Kuykendall, Arnold, Roseth, Loftus and Vonhof. MOTION CARRIED. Assistant Per, Deb Garross presented the Planning Report dated February 13, 1995. The applicant requesting co . deration of several variances for the property located at 5060 Condons Street, I any described as Lot Condon's Wood Dale. The applicant requests that the Planning Commission t the following varian m the requirements of Prior Lake Zoning Otdinance 83-6 in order to onstruct a carport, enclosed sto e area, and a second story addition. To permit a 4.5' southwest comer of 1. t side yard setback instead of the required 10' side Y' - setback (from the roposed carport). 2. To permit a 6' west side ard setback instead of the required 10' de yard setback (from the proposed storage area). 3. To permit a 2' south front yard s ack instead of the req' d 25' front yard setback (from the southwest comer of the proposed c ). 5. To permit a 31 % im~rvious swface c erage' tead of the maximum im~rvious surface coverage of 30%. 4. e required 25' front yard setback (from the Neighbors, Larry Nickelson, 15543 Rid OWlt Avenue; Ken 0 n, 5038 Condons Street; Wally Stock, 5038 Condons Street; Don Jass, 5022 ondons Street and Anne rstrom, 5080 Condons Street, were sympathetic to Mt: Bonneau's nee ut were opposed to the constIUcti of a carport for traffic safety and aesthetic reasons. Discussion of Commissio IS included: alternative of building up and using tmg space; carport too close to road and conce or traffic; would like to see some sort of garage; denied quest. Garross reco~ tabling the matter and having Mt: Bonneau redesign ~ struc . Variances will have to be co . ered with the new additions. PLANNING COMMISSION February 13, 1995 Page 3 MarIO Y KUYKENDALL, SECOND BY ROSEIH TO CONTINUE THE i\RYZl, 1995. s taken signified ayes by Kuykendall, Roseth, Arnold, Loftus and Vonhof. MOTION CARRIED. PLANNING REPORT AGENDA ITEM: SUBJECT: SUBJECT SITE: PRESENTER: PUBLIC HEARING: DATE: 1 CONSIDER VARIANCE REQUEST FOR CARTER NARVESON 3845 GREEN HEIGHTS TRAIL SW GINA MITCHELL, ASSOCIATE CITY PLANNER _YES ..x.N 0 JANUARY 19, 1995 INTRODUCTION: The Planning Department has received a variance application from Carter Narveson of 3845 Green Heights Trail SW. The applicant is requesting the Planning Commission to approve the following variances for the replacement of the existing deck/walkway: 1. 4.26' west side yard variance from the 10' side yard setback requirement (from the west comer of the proposed deck). 2. 4.43' east side yard variance from the 10' side yard setback requirement (from the east comer of the proposed deck). 3. 8.35' north front yard variance from the 25' front yard setback requirement (from the northwest comer of the proposed deck). The applicant is requesting that the Planning Commission approve the following "post facto" variances to validate the existing structure's setbacks, impervious surface coverage (the applicant is also proposing to roof the deck on the east side of the home), and the size of the accessory buildings:. 4. 2' cast side yard variance from the 10' side yard setback requirement (from the existing eastern carport). 5. 7' west side yard variance from the 10' side yard setback requirement (from the existing western carport). 6. 23% impervious surface variance from the 30% impervious surface maximum. 7. A 197.75 square foot accessory structure area variance from the 832 square foot accessory structure maximum. See attached Map #3 (survey) for specific variance locations. PHYSIOGRAPHY & EXISTING CONDITIONS: The subject site is a double frontage lot, approximately 55' wide and 120' deep, containing 6,686 square feet of lot area. The home fronts Green Heights Trail and the garage gains access off of Roosevelt Street. The lot slopes from south (garage side) to nqrth. Elevations were not given on the survey, however an estimate from the topography maps indicate the rear of the lot is approximately 14' higher than the front. In 1978. the existing one story home with a walkout basement was built. presumably. to take advantage of the ridge line and provide maximum view of the lake. See attached Map #2. The entrance to the home is from the east side. It is accessed by a walkway, (approximately 3 - 4' above natural grade), which runs along the northeast side of the home and connects to the deck on the front of the home. The walkway and deck have deteriorated and are in need of replacement. The applicant is proposing to reconstruct the deck as it currently exists, and would like to roof the portion of walkway 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTIJNITY EMPLOYER which exists along the east side of the home to eliminate ice build up on the sidewalk. The proposed construction would create a 5.57' east side yard, 5.74' west side yard, and 16.65' front yard area dimensions. The City of Prior Lake approved a building permit application in 1978 for the existing home only. The City does not have a building permit nor variance on file for construction of the walkway or deck. The applicant submitted a set of construction plans for the home which indicate a proposed walkway/deck. In the opinion of Staff, the construction plan does not constitute approval for the deck nor a walkway more than 30" above grade. The applicant submitted the property assessment record for this parcel, which was obtained from the Scott County Assessor's office. The assessment record fITst indicates the existence of a deck in 1980. Construction of the deck as it exists, would have required a building permit and variance prior to construction. See attached Exhibits A, B, D, and E for further reference. In 1984, a previous property owner applied for and received a building permit for the construction of the 636 square foot, two stall garage. See attached Exhibit C (note that this survey does not indicate the existing deck or carports). In May of 1994, an anonymous complaint was received regarding a roof being built under the front deck. Building Official, Paul Baumgartner inspected the site and found that there was no record of a building permit being issued for this construction. In addition, the inspection revealed that there were two carports located on the east and west side of the garage. Again, there is no record of a building permit nor variances on file for construction of the two carports. The existing carports on the east and west side of the garage do not meet setbacks. In the R-l, Suburban Residential Zone, the maximum square footage of an accessory stnlcture is 832 sq. ft. The construction of the carports have put the total square footage of the accessory structures on the site at 1029.75 sq. ft. In addition, the carports and the concrete on this site have pushed the impervious surface over the 30% maximum. The request for the variances necessary to rebuild the deck have triggered the need to consider "post facto" variances for the existing setbacks, impervious surface coverage, and size of the accessory buildings, associated with the garage. ADJACENT USES: The subject site is part of the subdivision Green Heights which was platted in 1927, within Spring Lake Township, and annexed into the community in 1973. Most of the homes in this area were built prior to annexation with building permits granted by Spring Lake Township. Several properties may be built at variance to current setback requirements, however, since they were developed within the township, there are few properties that have received setback variances from the City of Prior Lake. There are two properties (3821 Green Heights Trail and 3827 Roosevelt Street) in the study area which have received 5' side yard and 5' front yard variances. See attached Map #1 for further reference. PLANNING CONSIDERATIONS: The subject site is a small, substandard lot of record as are all of the lots in the plat of Green Heights. Several of the original 50' wide lots have been developed with single family homes. Few lots have been combined to create larger parcels. The home was built on the subject site in 1978, within the City of Prior Lake, meeting the 10' side yard and 25' front yard setback requirements of the Zoning Ordinance in effect at the time of the building permit. At some time after 1978, a deck/walkway (in the location of the existing deck/walkway) and two carports were built. The City has no record of building permits or variances being issued for the existing deck and carports which were built at variance to setback standards in effect at the time. The proposed reconstruction of the deck/walkway will not encroach further into the front, east, or west side yards than the existing deck. If the existing deck/walkway and carports would have been built at variance to current setbacks prior to annexation into the community, the setbacks would be considered a legal non-conforming setback and the structures would be "grandfathered." The Planning Commission has often granted variances for "grandfathered" situations because it is considered a hardship that the structure was built according to a .... .-..._._____."'...~. _.' ~N..~_.._t+<~-_,..""--....---N',-.~ "_"~."~____~,............_,~_>.__.,__...".._~,_______...._._......__"'"'...;.._"".."=,.',.~........"~--.___..._.__.._- I another government's standards, that are typically different than current Prior Lake zoning requirements. This situation is different because all structures were built under the jurisdiction of the City of Prior Lake, and there are no records of building permits/variances being issued for the existing deck/walkway and carports, which do not meet setback requirements. Therefore, Staff recommends that the Planning Commission evaluate each of the variance requests as if they were for new structures (i.e. would these requests be approved if there were no other structures on the lot other than the home and two stall garage) . The home gains access via the existing walkway. The home contains two patio doors on the upper level which access the existing deck. The lot is a small, substandard lot of record. The Planning Commission has typically granted up to one 5' side yard variance to provide design flexibility on narrow, substandard lots. Two other properties in the study area have each received a 5' front yard variance and one 5' side yard variance under similar circumstances. The applicant requests the Planning Commission to approve a 4.26' west and a 4.43' east side yard variances, and a 8.35' north front yard variance to rebuild the deck/walkway. Based on these facts, Staff could support approval of the front and east side yard variances as requested. Approval of these variances would allow the applicant the use of the existing patio doors and maintain access to the home on the east side. The west side yard variances should be denied on the basis that they would not be consistent with previous Planning Commission actions to grant up to one 5' side yard variance to a narrow, substandard lot of record. Staff recommends denial of the 2' east and 7' west side yard variances to validate the existing carports' setbacks. The Planning Commission has granted one 5' side yard variance to substandard lots of record to allow for the construction of a garage where one does not exist on the property. Denial of the east and west side yard variances for the carports would eliminate the need for a variance from the 832 sq. ft. accessory structure maximum since the applicant would be required to remove them. The existing garage is under the 832 sq. ft. maximum. This property has the use of a two stall garage. The hardship criteron used to evaluate variance applications have not been met. The hardship was created by a previous property owner, not the Ordinance, or the City of Prior Lake. Approval of the variances would legitimize a situation that is not permitted by the Zoning Code, would be inconsistent with past approved variances, and inconsistent with the intent of the Shoreland District. The removal of the carports would reduce the impervious surface variance from 23% to 90/0. The maximum impervious surface variance that the Planning Commission has approved in the last 5 years is 13.6%. Approval of a 9% impervious surface variance would allow the applicant reasonable use of his property. This recommendation would require that the applicant remove the existing carports and the concrete which accesses the two carports. See attached Map #4 for recommended impervious surface coverage. ALTERNATIVES: 1. Approve the variances as requested, or with some modifications as per Planning Commission discussion. 2. Continue or table discussion for specific reasons. 3. Deny the variances finding lack of demonstrated hardship. RECOMMENDATION: The recommendation from Staff is Alternative #1. Staff recommends that the following variances be approved: 1. 4.43' east side yard variance from the 10' side yard setback requirement (from the east comer of the proposed deck). 2. 8.35' north front yard variance from the 25' front yard setback requirement (from the northwest comer of the proposed deck). 3. 9% impervious surface variance from the 30% impervious surface maximum. Variance Hardship Standards: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. The existing deck/walkway provides access to the home. The variances Staff has recommended are consistent with variances approved for other similar size lots in the area. The applicant has reasonable use of the propety respect to the existing two stall garage. Denial of the variances to permit the carports does not result in an undue hardship. 2. Such unnecessary hardship results because of circumstances unique to the property. The lot was platted in 1927 under another government jurisdiction. The previous platting standards of Spring Lake Township are significantly different that current Zoning and Subdivision regulations for the City of Prior Lake. 3. The hardship is caused by provisions of the Ordinance and is not the result of actions of persons presently having an interest in the property. The main entry to this home is located on the east side of the home, and is accessed by the deck/walkway. Relocation of this entry would change the design of characteristics of the home and create an undue hardship with respect to the property. The location of this entry is not the result of the actions of the current property owner. If the applicant had a 12,000 sq. ft. lot (minimum lot size in the R-l, Suburban Residential Zone), the Staff proposed impervious surface coverage of 2,615 sq. ft. would meet the 30% impervious surface maximum (the coverage would only be 22%). Due to the substandard size of the lot, a 9% impervious surface variance is necessary. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest. The recommended variances observe the spirit and intent of the Zoning Ordinance because these requests are comparable to other variances that have been approved by the City of Prior Lake in this area. The variance application would not be contrary to the public interest. ~.. ....- """r" ...-------..- '" . ......._._._<._~..<<..< . ALTERNATIVES: The Planning Commission has three alternatives in this case. 1. Approve all of the variances as requested. 2. Deny all of the variances as requested. 3. Approve the variances on the east side yard, the front yard and the impervious surface variance. RECOMMENDATION: Staff recommendation is Alternative 3. Staff recommends that the following vanances be approved: 1. Allowing an east side yard setback of 5.57 feet instead of the required 10 feet. 2. Allowing a north front yard setback of 16.65 feet instead of the required 25 feet. 3. Allowing an impervious surface of 39% instead of the maximum of 300/0. RECOMMENDATION: The staff recommends that the following variances be denied: 1. An 8 foot east side yard variance instead of the required 10 foot side yard for the existing eastern carport. 2. A 3 foot west side setback instead of the required 10 foot setback for the existing western carport. 3. An impervious surface of 53% instead of the maximum of 30%. 4. Accessory structure having floor area of 1,029.75 square feet instead of the maximum of 832 square feet. RECOMMENDED MOTION: THE RECOMMENDED MOTION IS TO ADOPT THE ATTACHED RESOLUTION. AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: ISSUES: STAFF AGENDA REPORT 8 B. DONALD RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF RESOLUTION 95-20 AND CONDITIONAL USE PERMIT FOR FAIRVIEW CLINIC APRIL 3, 1995 Fairview Clinic made application for a Conditional Use Permit to permit construction of a new medical clinic building at the subject property located on the northwest corner of the intersection of Five Hawks Avenue and State Highway 13. The building is intended to be constructed in two phases with the first phase having a gross floor area of approximately 10,000 square feet and the second phase having a gross floor area of approximately 5,000 square feet. Construction is brick with brick accent and a metal entrance canopy. The first phase locates the building in the northwest corner of the site and ultimately parking for 70 vehicles is proposed. This request was initially heard by the Planning Commission at its February 13, 1995 meeting. At that point, several residents expressed their concerns over the proposed development and felt that a business in this location would not be appropriate and also expressed a concern for traffic safety in the Westbury Ponds area. Fairview representatives were not present at that meeting and the hearing was continued until the February 27, 1995 meeting. At the February 27, meeting the applicants address a number of the concerns raised both in the Staff Report and by neighborhood comments and those comments are contained in the Minutes attached to this report. Following discussion the Planning Commission approved a motion to recommend approval of the request for a Conditional Use permit as modified by Staff recommendations and further to require a 5 foot walkway on the west side of Five Hawks Avenue from Willowwood to Highway 13. The original Staff Report sent to the Commission addressed 13 issues which needed to be considered in the approval of this request. Engineering Department comments related to the need of modifications to the storm drainage coming onto the site from the west and the need to coordinate utility construction with the Westbury Ponds Development. The Finance Department raised a number issues related to the need to complete the platting of the Westbury Ponds First Addition before the Westbury Ponds Second Addition within which the subject property would be located. -1- 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: There were no Park and Recreation issues. The Planning Department had nine specific concerns. These were building location, architectural considerations, landscaping, signage, traffic, lighting, hours of operation, parking and final plat approval. These concerns are discussed at length in the attached report to the Planning Commission. A number of these items including lighting, architectural considerations and signage were satisfactorily addressed prior to the Planning Commission meeting. The remainder were addressed by the Planning Commission at its February 27, meeting. The status of the remaining concerns is as follows: BUILDING LOCATION AND LANDSCAPING: The building location in the northwest corner of the property was felt to be inappropriate by Staff, given the location of adjacent residential property however, the Planning Commission did recommend approval of the clinic at that location and current plans reflect that approval. TRAFFIC: While neighborhood residents expressed concern about potential traffic generated from the property filtering through nearby residential areas, the estimated volumes of traffic generated by the development and the likely routes such traffic would take in reaching the site are unlikely to cause significant traffic problems in the vicinity. LANDSCAPING: Staff indicated that additional berming and landscaping should be required along the northerly and westerly property lines and that additional low-lying landscaping should be provided along the south side of the parking lot along Highway 13. The applicant agreed to increase the minimum size of the plant materials to be provided without providing any additional berming and they also agreed to provide a low-lying hedge along the south side of the parking lot. This is reflected on the plans currently submitted to the City. DRAINAGE: Engineering suggested that drainage coming on to the property from the west should be redirected at least in part to Highway 13. The applicant should modify their grading to comply with this. CRITERIA FOR CONDITIONAL USE APPROVAL: The Zoning Ordinance lays out seven criteria which must be met in order to approve a Conditional Use permit. Staff is of the opinion that the proposal meets these criteria with the inclusion of suitable conditions in the Resolution of Approval. The City Council has three alternatives to it. 1. The Council may deny the request. 2. The Council may approve the request subject to the imposition of additional conditions specified by the City Council. 3. The City Council may approve the request as proposed. -2- RECOMMENDATION: It is recommended that Alternative 3 be followed. ACTION REQUIRED: .CU01CC' -3- RESOLUTION 95-20 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL TO APPROVE THE CONDITIONAL USE PERMIT FOR A MEDICAL CLINIC FOR PROPERTY IN THE R1 URBAN RESIDENTIAL ZONING DISTRICT. MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, SECONDED BY: Fairview Hospital and Health Care Services has made application to the City Council for a Conditional Use Permit under Section 5-3-3 of the City Code for the purpose of constructing a medical office building within the R1 Urban Residential District for the following legally described property: Lots 16, 17 and 18, Block 6, Westbury Ponds Second Addition. City Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed medical office building on the health, safety and welfare of the occupants of the surrounding land, existing and anticipated traffic conditions, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance, and The Prior Lake City Council has determined that the proposed medical office building complies with the criteria for granting a Conditional Use Permit contained in Section 5-6-5 (c) of the City Code, and The contents of Planning case file CU95-01 are hereby entered into and made part of the public hearing record and the record of decision for this case, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, That it hereby approves the Conditional Use Permit for a medical office building at the above described location subject to the following conditions and exhibits attached hereto: 1. The site shall be developed, used and maintained in accordance with Exhibit A, the site plan, Exhibit S, the landscape plan, Exhibit C, grading and drainage plan and Exhibit 0, Elevations. 2. The trash enclosure on the westerly side of the building shall be constructed of brick to match the exterior elevations of the office building. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~''"'.''''''''-~^'r 3. The rooftop screening should be constructed of materials which are architecturally compatible with the medical office building. 4. The drainage plan shall be modified to redirect drainage from the west toward the ditch along the north side of State Highway 13. 5. The applicant shall pay the landscape plan review fee of $300.00. 6. This Conditional Use Permit shall not become effective until the City has received evidence of the recording of the final plat of Westbury Ponds Second Addition. Passed and adopted this 3 rd day of April, 1995. YES NO Andren Greenfield Kedrowski Scott Schenck Andren Greenfield Kedrowski Scott Schenck Frank Boyles City Manager City of Prior Lake {Seal} .CU01 RS. CU9501 PLANNING REPORT AGENDA ITEM: SUBJECT: 2 CONSIDER APPLICATION OF FAIRVIEW HOSPITAL AND HEALTH CARE SERVICES FOR A CONDITIONAL USE PERMIT TO OPERATE A MEDICAL CLINIC IN THE Rl RESIDENTIAL ZONING DISTRICT. .x YES _NO FEBRUARY 13, 1995 PUBLIC HEARING DATE: PROPOSAL: The applicant seeks to construct a new medical clinic building on the subject property located on the northwest corner of the intersection of Five Hawks Avenue and State Highway 13. The building will be constructed in two phases with the first phase having a gross floor area of approxinlately 10,000 square area and the second phase having a gross floor area of approxinlately 5,000 square feet. Exterior building materials are proposed to be brick with brick accent bands and a metal entrance canopy. The facility is proposed to contain examination rooms, office space, laboratory and conference rooms as well as medical records storage. The current proposal is to locate the building in the nOl1hwest portion of the site with parking in the first phase located on the east and south sides of the building and ultimately on the west side of the building in the second phase. Parking for 70 vehicles is proposed. SITE DATA: Lot Area Frontage Highway 13 Five Hawks Avenue Willowwood Street 65,775 square feet (1.51 acres) 211.83 feet 211.003 feet 342.91 feet Proposed floor area ratio: First phase Second phase 0.15 0.23 Building Setbacks: Proposed Required Highway 13 Willowwood St. Five Hawks Ave. West property line 50 feet 25 feet 105 feet 60 feet 50 feet 25 feet 25 feet 60 feet -1- 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER -- '-'-~--"--r" -,,--'''-..'''''-~'' -."---" --'-'---"-"----,,--,-,-,.-.-.-,,,'''~.---.--,-'',-,,-'''-.----.--., EXISTING CONDITIONS: The subject property is currently vacant as is the property to the north and west. The site and the adjacent properties were contained in the preliminary plat for the Westbury Ponds Addition and originally, development for this site was contemplated for three single family homes. Five Hawks Elementary School lies further to the north. The church is located to the east across Five Hawks Avenue, to the south across Highway 13 is the County Market grocery store and McDonalds. The property is relative flat and currently there is a large berm along the south side of the property adjacent to Trunk Highway 13. The berm is proposed to be removed from the site as part of the development plan. COMPREHENSIVE PLAN/ZONING: The Comprehensive Plan provides little guidance for the development for this particular property. The Land Use Plan suggests the entire neighborhood be developed as medium density residential. The Zoning Ordinance permits medical clinics as conditional uses in the R 1 Urban Residence District and, typically, planning practice and case law support the view that land uses permitted in the Zoning Ordinance are considered to be consistent with the Comprehensive Plan designation. STAFF REVIEW: ENGINEERING - Engineering Department comments include the following: 1. Submission of an accurate survey verifying all dimensions, structures and building locations on the final development plan. 2. Consideration of modifications to storm drainage coming on to the site from the West. 3. Potential relocation of the proposed fire hydrant. 4. Construction of necessary utilities in coordination with the Westbury Ponds Development. FINANCE - Attached is a memorandum from the Finance Director concerning five necessary conditions necessary for completion of the review of Westbury Ponds Second Addition which is the plat necessary to create the parcel upon which the development is located. These items will be discussed further under the discussion below related to the necessary plat approval. PARKS AND RECREATION - The Parks and Recreation Director has indicated that any park dedication issues will be addressed to the Westbury Ponds plat and are not required as a condition of the Conditional Use Permit. PLANNING - The following is the Planning Department's review of the proposal: 1. Building Location: The staff has had several discussions with the applicant regarding the proposed location of the building on the property. Staff is of the opinion that the building should be moved to the south and east closer to the intersection of Five Hawks and Highway 13 with the parking located to the northwest of the building. It would further be staffs intent that the landscaping and berming along the north and west property line would be significantly -2- which are to be developed. The applicant prefers to leave the building as currently shown with future parking between the building and the west property line. The applicant prefers this orientation to allow for better visibility of the front entrance by patients coming to the clinic. Staffs concern is the proximity of a 15,000 square foot structure to the residential properties to the north and west. An alternative which staff might find acceptable would be to eliminate the parking along the west side of the building and relocate it to the east side and move the building somewhat to the west. At the same time extensive berming and landscaping would be constructed along the north and west property lines to shield the building from the adjacent properties. 2. ARCHITECTURAL CONSIDERATIONS - The exterior materials of the building are proposed to be brick and brick accent with a metal entrance canopy. While the materials are acceptable staff believes that the roof line could be improved by adding a low pitched gable roof to the structure to soften the institutional appearance of the structure. Additionally, the elevations do not show the size or location of the roof top equipment and this needs to be specified both in terms of type of equipment and the screening or other treatment which is to be provided to reduce the visual impact and potential noise impact of the roof top equipment on the adjacent residential properties. 3. LANDSCAPING - The consultant's review of the landscaping plan indicates that the proposed plan usually meets or exceeds the minimum ordinance requirements for landscaping. The exception is in the parking lot where required parking lot landscaping is not provided. The consultant indicated where several locations where additional landscaping could be provided to meet that requirement. While the proposal appears to meet minimum landscaping standards, staff is of the opinion that additional berming and landscaping is required along the northerly and westerly property lines that provide adequate screening for the adjacent houses. In addition, staff believes that additional low lying landscaping would be appropriate along the Highway 13 side of the building to provide screening of the parking lot to some degree from Highway 13. 4. SIGNAGE - The applicant has indicated four signs on their Sign Plan including one free-standing sign, one ground monument sign, one directional sign and one incidental sign. The proposed free-standing sign as specified is 4 inches higher than the maximum allowed by the Sign Ordinance. This sign cannot exceed 20 feet in height. The illuminated ground monument sign is not a permitted sign within the R 1 Residential Zoning District and should be eliminated from the Sign Plan. The on-premises directional sign is unilluminated and it is proposed to be 2 square feet in area and 5 feet high. The maximum height for this type of sign is 4 feet and must comply with a 5 foot setback requirement from Willow wood Street. The forth sign is a non-illuminated delivery sign. This sign is exempt from Ordinance regulations and may be permitted. 5. TRAFFIC - The I.T.E. Trip Generation Manual suggests that, at its ultimate development the site could generate as many as 490 vehicle trips per day. Based on the information provided, the trip generation would appear to be in the vicinity of 150 to 200 vehicle trips per day based on a normal work day. The applicant -3- . ~.......~. ,.., ~""-'.'-'''i' .................-.. .......- ... refers to extending evening and weekend hours at a later time which may increase these traffic volumes somewhat. A traffic signal is proposed at Highway 13 and Five Hawks Avenue but it appears unlikely that the proposed clinic would have a significant impact on the intersection given that the traffic generated by such use typically occurs on the off peak hours when the intersection capacity is at its highest. The applicants have also provided for the driveway nearest the Five Hawks Avenue to be set back approximately 100 feet to allow for vehicle stacking on Willowwood Street. 6. LIGHTING - The Lighting Plan which was submitted only covers the first stage of development. Generally the plan indicates that light levels at the property lines will not exceed 0.5 foot candles and in those circumstances where that standard is exceeded, the light level has declined to 0.5 foot candles at the adjacent street curb lines. This is an acceptable light level, however in phase 2, the Conditional Use Permit will need to specify that on the westerly side of the property and the northerly side of the property, the light level should not exceed zero at the property line. In addition, no light sources should be visible from off the site. 7. HOURS OF OPERATION - Initially the clinic is proposed to operate for approximately 8 hours a day however, the applicants indicate that before the second stage is built it is likely that they would extend hours of operation to evenings and weekends. It is not known at this time what the extended hours would be or how soon they would be instituted. Staff has a greater concern with extended evening hours than with weekend day hours and the Planning Commission may want to consider application of conditions addressing this issue. 8. PARKING - In the first phase the applicants propose one parking stall for each 250 square feet of building area. The second phase the parking density increase as their are indicating one parking stall for each 205 square feet of gross floor area. The current Zoning Ordinance requirement for this property would only require 25 parking stalls at full development. In staffs view this is totally inadequate and the proposed standard for the ultimate development of one stall for 205 square feet is consistent with a generally accepted standard of one stall for 200 square feet for medical clinics. Staff believes that the proposed parking will be adequate for the projected needs. 9. FINAL PLAT APPROVAL - Subject properties currently part of an outlot contained in the preliminary plat for Westbury Ponds, a residential subdivision to the west. Presently the applicants are pursuing final plat approval for a portion of the property including the subject site which will enable the creation of the parcel upon which the proposed use will be located. It is important to know that the Conditional Use Permit may not be issued until the final plat has been approved and recorded thereby creating this parcel. This should be a condition of approval of the final Conditional Use Permit. -4- ALTERNATIVES: The Planning Commission has four' alternatives available to it. 1. The Planning Commission may deny the request. 2. The Planning Commission may defer the request pending receipt of revised plans reflecting the comments in the staff report. 3. The Planning Commission may recommend approval of the request as proposed. 4. The Planning Commission may recommend approval of the request subject to submission of modified plans prepared pursuant to specific direction of the Planning Commission prior to City Council consideration. RECOMMENDATION: It is recommended that alternative 4, be followed and that the Planning Commission recommend approval of the request with specific recommendations for changes to be made prior to City Council consideration. -5- _cc......_,c. c._c.o'c ._.--T........,.--.cc,~."._".,...., __M,_.___..""'.___"____,,,','.._..'""__..,"._.,,.__.__ PIANNlNGCOMMISSION MINUTES February 13, 1995 The FebtualY 13, 1995, Planning Commission Meeting was called to order by Chairman Vonhof at 7:00 p.m. Those present were Conunissioners Roseth, Arnold, Loftus, Kuykendall and Vonhof, Planning Director Don Rye, Assistant City Planner Deb Garross, and Secretary Connie Carlson. REVIEW MINUTES OF PREVIOUS lVI ~:~;l1NG MOTION BY ARNOLD, SECOND BY ROSETII, TO APPROVE THE MlNU1ES AS WRITTEN. Vote taken signified ayes by Arnold, Roseth, Kuykendall, Loftus, and Vonhof. MOTION CARRIED. ITEMI - WlNDSONG ON THE LAKE PLAT Ill' CONI1NUED PUBLIC HEARING 'The Public Hearing was called to order at 7:01p.m. The public was in attendance and a sign-up sheet was circulated. Planning Director, Don Rye presented the Planning Commission Supplemental Report dated February 13, 1995. Developer, Ralph Heuschele was available to answer questions from the public. Mr: Earl Elster of 4115 Wmdsong Circle, stated his concern for traffic safety. Greg Kopischke of Westwood Professional Services addressed Mr: Elster's concern and felt the best alternative for the development were the grades presented. The grade line would give approximately 140 feet of sight line. Mr: Kopischke also said they could add height berms without any problems. Comrrents from the Conunissioners: low traffic for safety; agreed the plat was acceptable. MOTION BY KUYKENDAlL, SECOND BY ARNOLD TO APPROVE RESOLUTION 95-02PC. Vote taken signified ayes by Kuykendall, Arnold, Roseth, Loftus and Vonhof. MOTION CARRIED. MOTION BY ROSElli, SECOND BY LOFrUS TO CLOSE THE PUBUC HEARING. Vote taken signified ayes by Kuykendall, Arnold, Roseth, Loftus and Vonhof. MOTION CARRIED. The Public Hearing was closed at 7:35 p.m. .. ITEMll - FAIRVIEW CLINIC - CONDmONAL USE PERMIT Planning Director, Don Rye presented the Planning Report dated February 13, 1995 to consider the application of Fairview Hospital and Health Care SeIVices for Conditional Use Permit to operate a medical clinic in the R 1 Residential Zoning district PLANNING COMMISSION February 13, 1995 Page 1 Dave Salonen, 3884 Cross Street, stated his concerns as residents were told by the Westbury Ponds developer this would be a single family development and construction of a business would not be appropriate; applicant could look for property in the B1&ness Park; notification of hearing was less than 2 weeks; and residents on Willow Lane should be notified Planning Director, Don Rye responded to the above concerns. Om Ramm, 16811 Willow Lane, wanted to know why Willow Lane residents were not notified He stated Phase 1 of Westbmy Ponds promised traffic lights that are still not up and there is still heavy construction and regular traffic on Willow Lane. Mark LaFrankie, 3862 Willowwood Street, would like to know the construction time frame and what sort of activity is planned. Planning Director, Don Rye responded to MI: Rammand Mt LaFrankie. Brett Strayer, 16877 Westbury Avenue, main concern was for traffic safety. He is not against applicant but thinks there are other business property available in Prior Lake. Mt Strayer would like Fairview to do a market study of the site. The applicant, Fairview Clinic, had no representation at the hearing. MOTION BY ROSEIH, SECOND BY ARNOLD TO TABLE THE fIEAR.ll'.lG. Votes taken signified ayes by Roseth, Arnold, Loftus, Kuykendall and Vonhof. lVIOTION CARRIED. Commissioner Vonhof requested extra traffic patrol by the police department for Willow Lane and Willowwood Street ITEMID. CARIER NARVE..~ON . VARlA1~CE CONI1NUATION The Public Hearing was called to order at 8:28 p.m. and a sign-up sheet was circulated Planning Director, Don Rye presented the Supplemental Report for the Carter Narveson variance request :M:t Narveson met with Mt Rye to discuss the new information presented at the January 19, 1995 hearing. Based on this new infonnation:M:t Narveson was told staffs recoIIlIIl:Ildation would be the same. Planning Director, Don Rye read a letter submitted by Robert R Herr supporting the variance requests. Carter Narveson, 3845 Green Heights Trail, stated he had no documentation to verify his conversations with the City directing him to build the carports or the document signing off approval. Building Inspector/Code Enforcement Officer, Jay Scherer stated on June 8, 1990 he did an inspection on the property and found 5 junk vehicles, car parts, tires, 55 gallon barrels, miscellaneous refuse and weeds. A Jetter was sent to M1: Narveson to correct.the violations on or before June 25, 1990. The City does not have any records of the documents :M:t Narveson is refening to. :M:t Scnerer. remembers telling lV1I: Narveson certain things can be screened from the public view and therefore be in compliance with the Code but does not recall telling M1: Narveson to build carports without permits. Craig Tschi~ Mitch F~ Keith Berkil and Jane Krenig, neighbors of:M:t Narveson expressed their support in granting the variances. PLAL'lNING COMMISSION February 13. 1995 Page 2 Tunn Jacobs, Project Manager of The Wilds requested the following variance to allow a premanufacrureJ building to be moved into the City of Prior Lake. Assistant City Planner Deb Garross presented the Planning Report with the following variance request: A variance from Zoning Otrlinance Section 4.10 to allow a building to be moved into the City Limits. The Zoning Otrlinance specifies. that structures other than residential buildings shall not be moved into or within the City Limits. See attached Otdinance excexpt for reference to provision 4.10. The applicant proposes to move a premanufactured "tem{X)rary" clubhouse into the City and locate it on Otttlot H, The Wilds as indicated on the attached drawing. The applicant advised staff that the golf course will open on June 19, 1995 and the clubhouse must be operational at that time. The PUD Schematic Plan indicates that Outlot H is to be developed with a clubhouse for the golf course. The proposal is to locate the premanufactured "temporary" building on the site and begin construction of the permanent clubhouse during the summer of 1995. The temporary structt1re will be used for the 1995 and 1996 golf season then be removed upon completion of the permanent clubhouse in 1996. Staff recommends approval of the variance application as requested or with changes as directed by the Planning Commission. 1. The temporary structure be removed by December 31, 1996 or completion of the permanent clubhouse, whichever is earlier. Corntrents from Commissioners included displaying a plaque stating "temfX)rary" until December 12, 1996. MOTION BY KUYKENDAll.., SECOND ROSEIR TO APPROVE THE VARIANCE TO ALLOW THE TEMPORARY STRUCTURE AT THE Wll..DS AS OUlLINED IN THE STAFF REPORT WITH A PLAQUEDISPLAYEDSTATING RElVIOVALBYDECENlBER31, 1996. Yote taken signified ayes by Kuykendall, Arnold, Roseth and Yonhof. MOTION CARRIED. ITEM vn - PUBliC HEARING . CONflNUA1l0N OF CONDmONAL USE PERMIT FOR FAlRVIEW n ,lNTC * The Public Hearing was called to order at 9:35. The public was in attendance and a sign-up sheet was distributed. Ray Piirainen, Assistant Property Director for Fairview Hospital and Health Services outlined Fairview's proposal for a medical clinic in Prior Lake. Don Rye, Planning Director, presented the Supplemental Planning Report dated February 27, 1995. Conunissioner Kuykendall asked the representatives of Fairview to answer questions and discuss the Staff's Report. Jerry Fink and Ray Piirainen of Fairview s~ted the front of the building would face south for better visibility, and would look more inviting and provide a shield from residential. homes; traffic will go to the comer; the low pitch gable roof has caused problems in other buildings; Fairview operations people feel it is not designed well; rooftop mechanicals are troublesome; changes in landscape; studies show more traffic to McDonalds and County Market; traffic to clinic will be in shifts; trash will be enclosed outside the facility; berm along parking lot; and clinic will be a general practice. Discussion from Commissioners were: sidewalk on Five Hawks; setbacks met; location okay; traffic; hours of operation; screening from facility; trees should be planted in the parking islands; trash containers; stop PLANNING COMMISSION February 27. 1995 Page 5 lights will evenmally be put in on Highway 13/Five Hawks and Highway 13/17Oth. Mark LeFrankie, 3862 Willowwood, asked if there were any plans other than residential lots near the medical facility. MI: LeFrankie also wanted to know if Fairview would consider "No Left Turns" at the exits. He would like to see Fairview publish information on the facility for the neighborhood. Michelle Donnelly, stated she is currently building a home in Westbury Ponds and is concern with the traffic on Willowwood. MIs. Donnelly is opposed to the clinic. Me. Piirainen stated it w~ difficult to find a location for the facility. Fairview is also concerned about traffic and will provide maps to clinic directing traffic from Highway 13 and Five Hawks Avenue. Don Rye said the City received a letter from the State informing us they are waiting for Scott County toapprove the realignment of County Road 23 before the traffic signal is approved. MOTION BY KUYKENDAlL, SECOND BY ARNOlD, TO APPROVE THE REQUEST FOR CONDmONAL USE MODIFIED BY STAFF AND TO REQUIRE A FIVE FOOT WAJ.1.{WAY ON THE WEST SIDE OF FIVE HAWKS AVENUE FROM WlLLOWWOOD AND ffiGHWAY 13. CONDmONS MUST:MEET REQUIREMENTS OF THE CITYENGlNEERFORDESIGN OF THE WALK. Justification is to make accommodations for the pedestrians especially the children. Vote taken signified ayes by Kuykendall, Arnold, Roseth and Vonhof. MOTION CARRIED. MOTION BY KUYKENDAlL, SECOND BY ROSEIH TO TABLE LOU APPEL'S REQUEST FOR A PEITTION TO ADD ADULT DAY CARE AS A PERMrITED USE WITHIN A BUSINESS ZONING DISlRICf. Votes taken signified ayes by Kuykendall, Roseth, Arnold and Vonhof. MOTION CARRIED. Commissioner Vonhof suggested discussion on the private street issues. MOTION BY VONHOF: SECOND BY KUYKENDALL TO RECO:Mrv1END THE CITY CODE BE REVIEWED TO INSURE THAT STATE STATUTES 169., 171 AND 168.65 APPLY TO PRIVATE AS WELL AS PUBUC STREETS. Votes taken signified ayes by Vonhof, Kuykendall, Arnold and Roseth. MOTION CARRIED. Deb Garross informed the Commission that the above stamtes were cited in the City Code. OTFIRR BUSINESS: Discussion on workshop dates and acconnmdations. MOTIONBYROSEIlL SECOND BY ARNOlD, TO ADJOURN THE lVIEETlNG. Vote taken signified ayes by Loftus, Arnold, Kuykendall, Roseth, and Vonhof. MarrON CARRIED. The meeting adjourned. Tapes of the meeting are on file at City Hall. Donald Rye Director of Planning Connie Carlson Recording Secretary MZ279S PLANNING COMMISSION February 27. 1995 Page 6 ----"t~~_...~..'--.I'-.---.-...'--.----.-- "CUOIPN" CITY OF PRIOR LAKE NOTICE OF PUBLIC HEARING FOR CONDITIONAL USE PERMIT You arc hereby notified that the Prior Lake Planning Commission will hold a public hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Monday, February 13, 1995 at 7:20 p.m. The purpose of the public hearing is to consider a request by applicant. Fairview, for approval of a conditional use permit to operate a medical clinic in the R-I, Suburban Residential Zoning District. APPLICANT: Mr. Raymond E. Piirainen Assistant Property Director Fairview Hospital and Health Care Services 2312 South Sixth Street Minneapolis. MN 55454-1395 SUBJECT SITE: Part of Outlot B. Westbury Ponds. (Approximately 3 acres of land located north and west of the intersection of STH 13 and Five Hawks Avenue.) REQUEST: The applicant proposes to construct a new medical clinic on the subject site. An 8,000 square foot building with a future addition area consisting of 6.400 square feet is proposed. The building exterior materials proposed are a mixture of brick. brick accent bands, with a metal canopy. The facility is proposed to contain exam rooms, office space, lab. conference rooms as well as medical record storage. The building has been designed with the front facing south and east toward STH 13 and Five Hawks Avenue. Parking for up to 113 vehicles is proposed to sun'ound the medical clinic on the east. west and south sides of the building. The back of the building is proposed to face north. toward Five Hawks Elementary School. The property is located within an R-I. Suburban Residential Zoning District. The Zoning Ordinance specifies that a medical clinic requires a conditional use permit be approved by the City in order to be constructed as proposed. Copies of the proposal are available for review with the Plior Lake Planning Department. If you are interested in this issue, you should attend the public hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to Don Rye. Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. fO{/YL R Prior L..ke PI~n~miSSinn C/O Don Rye. Director of Planning City of Prior Lake. Minnesota. To be published in the Prior Lake American on Saturday, January 28, 1995. Date Mailed: January 31, 1995 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230' / FaX (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER --=-T-'. -,- 'r=:--='-~:' -Ij,,:-./I, ~f~,~ II i~~1 1&-". ,-. a · lli;1II, 1"'" - ~ i I ~.:v ' ,', .i~~f\lI11~ : PI 1;, ". :,~~"' ~f \~ I ,~, ~ ~~, . ~ ~I ii! i [" ~m\,' ,,'~ ~~ ~nm_ ~~~O!J' !It'~ 1',' ~ 'I ~, .! II ~ r " :. . 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'j" ;~2 ~ m ~ ~ m ~ ~ ~. . ~. ~. ~ ; a 1 (J i ';..~." ..'..~.""..': . . ~ '. . ...~ .. ",. .... ::<t. ::'i .-mo 'm. \ \ ..).\ \ \ \ \ . \ /\ \ ..~ ..~ /..~ .....< "..... .... 7 Proposed Medical facility Lots 16, 17 and 18, Block 6, First Addition to Westbury Ponds Written Narrative The following is a general discussion of the proposed Medical facility Lots 16, 17 and 18, Block 6, First Addition to Westbury Ponds, subject to the final plat thereof: a. Site Data. a.l. Legal description. The current legal description is a metes and bounds part of Outlot B, Westbury Ponds. The legal description which has been submitted to the City for its approval as a part of the fmal plat of the fIrst addition to Westbury Ponds is Lots 16, 17 and 18, Block 6, First Addition to Westbury Ponds. The purchase and development of the property is subject to the approval and recording of the fmal plat. a.2. Topography. The current site generally slopes down going west to east from an elevation of about 975ft. to about 972 ft. The proposed topography will also slope from 976 ft benn on the west and a 978 ft. benn on the south toward the 970 ft. street level at the northwest and northeast entrances to the property. a.3. Surface Water Drainage. The current proposed surface water drainage will generally follow the proposed topography, Le., from the west and south toward the street entrances on the north side of the Subject Property. a.4. Plat Status. The owner, Westbury Development Corporation, has applied for a fmal plat including the Subject Property. a.5. Access. Access to the Subject Property will be from Willowwood Road along the northern boundary of the Subject Property which then intersects with with Five Hawks A venue along the eastern boundary of the Subject Property. a.6. Adjacent land uses. The Subject Property is located on the northwest comer of Highway 13 and Five Hawks Avenue. The only adjacent property is a proposed residential and currently vacant lot to the west of the Subject Property. To the north across the proposed Willowwood Road are four (4) proposed residential and currently vacant lots. To the east across Five Hawks Avenue is a church. To the south across Highway 13 is a County Market grocery store. To the southeast across Highway 13 is a McDonald's restaurant. a. 7. Site description. The Subject property is located at the northwest comer of Highway 13 and Five Hawks A venue. The proposed Willowwood Road runs along the northern boundary of the Subject Property. The only vegetation are grasses. The Subject Property is currently divided into 3 residentallots with a screening berm along Highway 13. b. Proposed general building description. b.l. Area. First phase 10,000 sq.ft. and second phase of 5,000 sq. ft. b.2. Phasing plan. The fIrst phase would be started March 8, 1995, and be completed August 1, 1995. Tentatively, the second phase would begin about March 1, 1998, and be completed about August 1, 1998. b.3. Internal access. The main entrance and exit to the building would be on the south/southeast comer of the building. Secondary entrances and exits would be at about the northeast and northwest comers of the building. -".,,---1".,,-------------"- -.-----------~~------~.--_.- b.4. Building location. We have located the building generally on north and central area of the Subject Property. This location provides us with the south facing entrance as well as parking visible to the intersection of Highway 13 and Five Hawks Avenue. b.5. Architecture. The building will be a slab-on-grade single story structure with the HV AC units on the roof. The entrance on the south/southeast comer of the building will utilize a floor to ceiling glass wall for its vestibule and general entrance area. b.6. Compatibility of design with adjacent zoning and land uses. The intersection of Highway 13 and Five Hawks is a busy commerical and institutional intersection. There are residential lots to the west of the Subject Property. There are commerical and institutional properties to the east and south of the Subject Property. The medical clinic with its services, clientele, employees, single story design and its traffic and parking generally toward the 13/Five Hawks intersection and away from the residential provides an appropriate buffer or transition property from commercial to residential. b.7. Exterior materials. The exterior of the building will be brick. b.8. fenced enclosure. Exterior storage. There will be a trash dumpster with an appropriate wood- b.9. Signage. b.9.1. 20 ft. 4 inch pylon sign with a 10ft. high by 7 ft. wide double-sided illuminated face at the intersection of Highway 13 and Five Hawks Avenue. b.9.2. 10 ft. high by 6 ft. wide double-sided non-illuminated monument sign at the intersection of Five Hawks A venue and Willowwood Road. b.9.3. 5 ft. high entrance sign on the east side of the main property entrance with 1 ft. high by 2 ft. wide double-sided non-illuminated face. b.9.4. 5 ft. high sign adjacent to the delivery entrance with 1 ft. high by 18 inch wide single-sided non-illuminated face. b.10. Parking lot. We have utilized a ratio of 4 to 5 parking stalls per 1,000 sq.ft. of building. (Note that we will not be building out approximately 4,000 sq.ft. of the first phase 10,000 sq.ft. building until, tentatively, late 1996.) We have placed the main entrance to the parking lot as close to Five Hawks as reasonably possible which minimizes the commercial traffic in the proposed residential area to the north and west. The main area of the parking lot is located as close to the intersection of Highway 13 and Five Hawks in order to use the building as a shield between the residential area to the north and west of the building and the parking. We have also found that it is important to have the parking and building entrance visible from the major intersection. The second building phase will require that we complete the parking along the south and west of the Subject Property. b.II. Lighting. We have placed a 22 ft. high light poles with two (2) lamps on each of the two (2) islands in the parking lot. Each building entrance will have appropriate internal lighting. b.I2. Landscaping and screening. We have placed berming along the west boundary of the Subject Property. The future residential lot to the west of the Subject Property will be screened from the Subject Property by a combination of deciduous and coniferous plantings along the berm. We have placed spruce trees in a tight arc all along the north side of the building along Willowwood Road thereby screening the building from the 4 future residential lots across Willowwood Road. We have placed certain ornamental plantings at the main entrance to the parking lot and have placed deciduous trees along Five Hawks A venue. c. Traffic analysis. In general, a medical clinic's traffic is, because of the appointment schedule, diffused throughout the day. Obviously, the school traffic at the intersection of Highway 13 and Five Hawks A venue is a concern given that a police officer is now required to direct traffic at the end of the school day. We understand that there is a plan to have the intersection signalled. In any event, we believe that even when the residential lots along Willowwood Road are developed there should not be a need for more than 3 car stacking between the main entrance to the Subject Property and Five Hawks A venue. The stacking on Five Hawks entering the Highway 13 intersection should not be a problem again because of the diffusive nature of the clinic's traffic. Traffic entering the Subject Property should require minimal stacking for similar reasons. d. People at facility. d.I. Physicians. First phase - 2 physician Full Time Equivalents for about five 6 hour days per week. Prior to a second building phase, we would likely go to extended evening and weekend hours. In addition we would look have 1 specialist physician Full Time Equivalent. Second phase - 3 physician and 1 specialist physician Full Time Equivalents for about five 6 hour days per week. d.2. Employees. First phase - I receptionist, 1 nurse, 1 laboratory technician, and I x-ray technician. Second phase - 1 additional nurse. Again, these are full-time equivalents in that total employee numbers may be greater, but at anyone time there would be the stated number of FTEs. d.3. Patients. After 12 months, approximately 5 patients per physican hour. Therefore, with 2 physicians there would be 10 patients and with 3 physicians there would be 15 patients per hour. e. Development data. e.!. Lot coverage. The Subject Property is approximately 1.51 acres or 65,775.6 sq. ft. The proposed building's first phase will be approximately 10,000 sq.ft. The proposed second phase will be an additional approximately 5,000 sq.ft. e.2. Required parking. We have generally provided 4-5 stalls per 1,000 sq.ft. of building. e.3. Zoning standards and minimum yard setbacks. The proposed Subject Property setbacks are as follows: e.3 .1. From Willowwood - 15 ft. to parking, 25 ft. to building e.3.2. From west residential - 20 ft. to parking, 60 ft. to building e.3.3. From Five Hawks - 15 ft. to parking e.3.4. From Highway 13 - 15 ft. to parking, 50 ft. to future building f. Reasons medical clinic is consistent with "Criteria for Approval". f.I. Proposed medical.facility conforms to the Conservation District's permitted and conditional use provisions and all general regulations of the applicable Ordinance. f.2. Proposed medical facility does not involve any element or cause and conditions that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with applicable performance standards. f.3. Proposed medical facility shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties. ~~ <<<---t~..__. <'~"'< ~'---T~ ------.---.--- fA. Proposed medical facility shall produce a total visual impressions and enviironment which is consistent with the environment of the neighborhood. f.5. Proposed medical facility shall organize vehicular acceess and parking to minimize traffic congestion in the neighborhood. f.6. Our understanding is that the proposed medical facility preserves the objectives of the Ordinance and is consistent with the Comprehensive Plan. f. 7. Proposed medical facility shall not result in unusual maintenance costs for roads, the development shall be accomplished only in such a fashion that on-site soil erosion shall be minimized both during construction and when construction activity is completed, and the types and density of land use proposed for the site is suited for the site. g. Project Timeline. March 8 May 1 August 1 August 15 Begin excavation of footings and foundations Framing complete Construction complete See fIrst patient h. Names and addresses. h.1. Applicant/developer. Fairview Hospital and Healthcare Services R.E. Piirainen, Assistant Property Director 2312 South Sixth Street MPLS,MN 55454 Tel. 672-6963, fax 672-7124 h.2. Seller. Westbury Development Corporation James Allen and Thomas Kearney, Officers 12433 Princeton Avenue Savage,MN 55378 Tel. 894-1888, fax 894-4543 h.3. Architect. Smiley, Glotter and Nyberg Jeri Fink, Project Architect 1021 LaSalle Avenue MPLS, MN 55403 Tel. 332-1401, fax 332-1405 hA. Contractor. Skarphol Construction Group, Inc. Michael Roebuck, Project Manager 12252 Nicollet Avenue South Burnsville, MN 55337 Tel. 894-9882, fax 894-9918 h.5. Mechanical & Electrical. Egan & Sons Co. Tom Sheehan (tel. 591-5524, fax 591-5560) Egan-McKay Electrical Contractors Jim Harmon (tel. 595-4325, fax 591-5560) 7100 Medicine Lake Road MPLS, MN 55427 Inter-Office Memorandum To: Deb Garross, DRC Coordinator From: ~ Re: Jeffrey T. Evens, Engineering Technician IV Fairview Clinic - Site Plan/Conditional Use Date: February 1, 1995 The following is a list of comments and/or the Engineering staff has after reviewing the above mentioned plat/drawings: 1.) A accurate certified survey should be incorporated into this site plan to insure all proposed structures, curbs, utilities, etc. are properly located on this site. 2.) It appears the storm drainage from the (6) six lots to the west of this site should be diverted to the south into the existing T.H. 13 ditch. This would in turn decrease the amount of run-off to Willowwood. This may impact the size of the proposed storm sewer pipes and could decrease the City cost of this construction. 3.) It appears the location of the proposed hydrant may have to be relocated if the future addition is to be built. The City Building Official needs to review this site is detail for fire protection. 4.) Sanitary sewer, storm sewer, watermain, needs to be constructed to this site as part of the Westbury Ponds development. Coordination between this development is a essential element to this site. Plans detailing how these utilities will be constructed need to be provided to insure this property can be served properly. _..-~.--'T . ...~..~t--~.._._.____ INTEROFFICE MEMORANDUM TO: FROM: RE: Date: Planning ~ Ralph Teschner, Finance Director Westbury Ponds 2nd Addition Review Jan. 31, 1995 The following information is required to complete the review of Westbury Ponds 2nd Addition by Finance: 1. The final plat of Westbury Ponds 1 st Addition must be filed at the Scott County Recorder's Office in order to obtain PIN numbers necessary to redistribute special assessments existing on Outlot B, Westbury Ponds. 2. Legal description and parcel number must be identified for the remaining portion of Outlot B as to whether it is part of.Westbury Ponds or Westbury Ponds 1st Addition so that the balance of special assessments may be transferred to the correct parcel. 3. Legal description and parcel number must be identified for the new exception of Outlot B as to whether it is part of Westbury Ponds 1st Addition or Westbury Ponds 2nd Addition so that the balance of special assessments may be transferred to the correct outlot PIN number. 3. Area calculations for the lots within Westbury Ponds 2nd Addition were not included and are necessary to provide estimated city fee calculations for the developers agreement. 4. Developer should verify with Recorder's Office as well if they will accept a final plat addition that is non-contiguous to the initial filings of Westbury Ponds and Westbury Ponds 1 st Addition. These are all necessary requirements that the developer must attend to before Westbury Ponds 2nd Addition should be scheduled for ORC review. MEMOO2.WRT 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y EMPLOYER -. ~ - ~ .... 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(!J . ..:' OJ m. .~ o . , c~ . 7! ." ..' ; Q . . ,. ~i 'I'" I, Iti hE Pm ~~ c!i~ -:-ilJ.. ;~2 ~ ~ ~ ~ ~ III -I ~ ~ O. I' ~ <( ~ ~ : tit a o i .~~..~.:a~ : .. ...... .." .'~ -.. o. ......:.; . . " ..' . . : ..... at ; ~;<.. .:~~ .311. \ . \ ~ \ \ \ \ .\ \ /\ \ 7 .i .- -.......- AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 8C LARRY ANDERSON, DIRECTOR OF PUBLIC WORKS CONSIDER APPROVAL OF CONTRACT STRGAR-ROSCOE-FAUSCH, INC. TO UPDATE TRANSPORTATION PLAN APRIL 3, 1995 WITH 2010 The purpose of this Agenda item is to authorize Strgar-Roscoe-Fausch, Inc. (SRF) to update the transportation element of the Comprehensive Plan. The City of Prior Lake authorized Strgar-Roscoe-Fausch, Inc. to complete the transportation element of the Comprehensive Plan. SRF completed a draft transportation plan dated April, 1993 based upon the draft Comprehensive Plan which was prepared in 1992. The proposed land use plan has changed significantly as well as other transportation issues since April of 1993. The draft transportation plan was based upon T.H. 13 being improved to a four lane facility. It is staff's opinion that by the year 2010 it is unlikely that this will be upgraded to a four lane facility. T.H. 13 was originally scheduled to be upgraded to a two lane facility with channelization in 1994, then deferred to 1996, to 1999, and it is not presently in the MnDOT five year program. This requires that the transportation plan be updated to reflect the traffic volume shifts as a result of T.H. 13 being a two lane facility instead of a four lane facility. A special study was done in 1994 to address The Wilds development and Shakopee Mdewakanton Sioux development along County Road 83. This study needs to be incorporated into the transportation plan. Significant changes in the proposed land use plan, and the inability for the City to obtain approval for MnDOT to update T.H. 13 to a four lane facility requires changes to the transportation plan beyond the scope originally authorized for services from SRF for the transportation plan. Attached is proposal from SRF to update the transportation plan, the cost not to exceed $12,000. The transportation plan needs to be updated based upon the proposed land use plan. Staff does not have time nor the expertise to update the transportation plan. The update of the transportation element of the Comprehensive Pfan as well as the water, sewer and storm water elements in the Comprehensive Plan are based upon the proposed land use plan which the City Council discussed at their Workshop on the Comprehensive Plan. Significant changes to the land use plan will require updates of these four elements for the Comprehensive Plan at an additional cost to the City. The update of the transportation plan will be paid from the Street Collector Fund. 16200 Eagle Creek Ave., Prior Lake, Minnesota 55~1~-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y EMPLOYER ~""",........_~,~,~"~,,,~.~"'~.~~""'O'"'>' ALTERNATIVES: The alternatives are as follows: 1. Authorize Strgar-Roscoe-Fausch, Inc. to update the transportation plan. 2. Table this item for a specific reason. 3. Deny this Agenda item. RECOMMENDATION: The recommendation is to approve alternative NO.1. FINANCIAL IMPACT: The funding for this will be taken from the Street Collector Fund. ACTION REQUIRED: Make a motion to approve the update of the transportation plan by SRF at a cost not to exceed $12,000, and to be paid from the Street Collector Fund. AG403.ENG95 -2- , f ... ~ '. - -'- ........ : ....... .."", "! :_1_~ .1..... _.J .J_ SRF STRGAR..ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS &it PLANNERS TRANSPORTATION . CML . S:rnUCn}RAL . E..,rvIRONMENTAL . PA.RIGNG March 29, 1995 Mr. Larry Anderson, P.E. Director of Public Works CIll' OF PRIOR LAKE 4629 Dakota Street SE Prior Lake, Minnesota 55372 Dear Larry: We are pleased to submit this proposal for our services related to the completion of the Prior Lake Transportation Plan. SCOPE OF SERVICES While some of the work we have already completed for you will carry over to the current effort, there are several important tasks which have to be re-done, Our estimate of the cost of completion is based upon the following work tasks. · Review changes to the comprehensive land use plan for relevance to the transportation plan. Revise transportation plan accordingly, · Update background information: - existing traffic counts (to be provided by city) - Socio-economic forecasts (2015) - MUSA line; developed area for 2015 (to be provided by city) - Shakopee-Mdewakanton Sioux Community plans Programmed improvements (to be provided by city) - T AZ boundaries MSA system (to be provided by city) · Revise 2015 traffic forecast · Identifylrevise capacity probfems · Identify revisions to roadway improvement needs Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447-4443 (612) 475-0010 FAX (612) 475-2429 . ,:...... ..... -. -: .~_'!_~ 1\1r, Larry Anderson, P.E. -2- March 29, 1995 · Identify physical, operational and political constraints to implementation of improvements in the following corridors ~ TH 13 CSAH 12 (Monroe Avenue to Howard Lake Road) CSAH 21 (County Road 82 to TH 13) · Prepare list of recommended roadway improvements for 2015 · Incorporate recommendations prepared by the city for the trail and sidewaik system and for the transit system. · We will publish 10 copies of the report for draft review and 25 copies of the final report. BASIS OF PAYMENT We would propose to perform the work on an hourly baSis at a rate of 25 times salary cost for the actual time expended, reimbursement for out-ot-pocket expenses (printing, reproduction, etc.) at cost and for mileage at a rate of $027 per mile. Francis Loelterle would be the Project Manager for this work and it is assumed that based on the above Scope of Services. he would attend one meeting with staff and one City Council meeting, Attending additional meetings, at the request of the city. would constitute services beyond the original project scope. Based on the above outlined Scope of Services, we estimate the cost of our services for the project to be $12,000. We will not exceed this figure without your approval It is understood that if the scope or the extent of the services should be adjusted at any time, the fee will be adjusted accordingly. NOTICE TO PROCEED A signed copy of this proposal Or a separate letter of authorization returned to this office will serve as notice to proceed, We will begin the work immediately thereupon and provide you with the draft report by May 19, 1995. We will deliver a final report no later than two weeks after review comments on the draft are received from the city, This schedule is based on authorization to begin work on April 4. Mr. Larry Anderson, P. E. -- r. _ .. 1. .'. : .r.....~ .l.Lw, ""'! -' _ '1' _ ... - .-. ~ '! -3- March 291 1995 In the event the services to be provided by Consultant are not completed by the dates as ShOwn above (or by such later dates as may be agreed to in writing by the city in the event a delay is caused by actions other than the Consultant), the city may elect to terminate this agreement and cause the work completed by a third person or persons (or by city personnel), The city shall pay only for work prOducts completed and accepted by the city at the time of contract termination. It shall be Consultant's responsibility to advise the city of any circumstances that may require an extension of the deadlines and to request the appropriate extensions from the city Sincerely, Ferrol 0, Robinson Principal FOR~ bba Encfoswres APPROVED Name Title Date Name Title Date AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: BE FRANK BOYLES, CITY MANAGER CONSIDER AN ALLOCATION OF UP TO $37,000 FROM THE 1995 CONTINGENCY ACCOUNT FOR RENOVATION OF THE OLD FIRE STATION APRIL 3, 1995 The Council should determine whether it desires to allocate funds for the renovation of the old Fire Station so that it can become a usable resource for city business. As I have previously advised the Council there are three major capital infrastructure projects for completion in 1995. They include the remodeling of City Hall, recomputerization of City Hall and renovation of the existing Fire Station. Only the third project has not yet been authorized for completion by the Council. With the completion of the new Fire Station the old Fire Station stands vacant. At present it is used for file and material storage. We have been advised by the architect not to make substantial investments in the building because code restrictions do not make such action advisable. As a storage facility it can allow us to keep police evidence as well as long term city files in a relatively low cost, secure environment away from the elements. As such the old Fire Station would allow us to better utilize our our city hall building by minimizing the amount of storage needed there. Moreover, it protects our investment in high price capital goods such as squad cars by. protecting them from the winter elements. Gas is also saved because the vehicles no longer have to be idled to keep warm and oxygen for emergency purposes may be kept in the car rather than brought inside the building between uses during the winter. The building has important value to the city. Renovation of the old Fire Station will provide additional and essential room to the 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Police Department. The Police Department did not receive any additional office space as a result of our city hall remodeling project. Consequently, they continue to be cramped into the lower level quarters. They are particularly in need of a reasonable place to conduct daily role call and periodic training sessions. Private locker space for males and females, washer and dryer for contaminated clothing and secured evidence storage is essential. Boarman Kroos has prepared a conceptual sketch of the proposed renovation. The sketch is attached together with a page by page description of the work to be done. Based upon the Boarman sketch we requested an estimate from Kratochvil Construction. Their proposal was approximately $47,000 and did not include many basic items such as tables, chairs, washer and dryer. More recently Jay Scherer and Gary Staber obtained a quotation from a local vendor for the same work. That quotation was about half the cost or $19,817. The total project cost is $37,000. It includes about $20,000 for the work to be done and an additional $4,000 for lockers, $1,600 for shower benches and doors, $900 for carpet replacement, $1,000 for washer and dryer, $4,700 for tables and chairs and a $5,000 contingency. ISSUES: I have been operating on the assumption that our existing administrative buildings will have to serve us well into the future. The prospect of a bond referendum for a new City Hall or even a public safety building does not appear to be on the near horizon. Consequently it is essential that we make the best use of our existing facilities. I believe that this project will help us to utilize the old Fire Station without considerable investment and in a manner which will improve the working conditions for our Police Department employees. The $37,000 project cost is modest, the bid is an especially good one and the contractor would like to proceed immediately. We have further minimized the project cost because Jay Schere and Gary Staber will be acting as project managers FINANCIAL IMPACT: The project costs are to be taken from the 1995 contingency account which was established at $100,000. There are no commitments or expenditures against this account because the remodeling and computer projects were paid for from the 1994 budget. ALTERNATIVES: A number of options are available to Council: 1. Authorize an expenditure of up to $37,000 from the 1995 contingency account to accomplish renovation to the old Fire Station as contained herein. 2. Defer action on this matter and direct the staff to provide additional information or modify the proposed improvement plans. 3. Deny the project. RECOMMENDATION: Alternate # 1 ACTION REQUIRED: M tion and second to authorize an allocation of up to $37,000 om the 1995 contingency account to accomplish the old Fire Station renovation. AG8E411.DOC ..'.......-.......-.......--..-..-. ._____..,o. - . .. L.., ..... .-".----... ... . ... ....--~...__._--_._..-...__.._---_..__. 1 t ~ . . . , ~ RE: PRIOR LAKE FIRE STATION REMODELING Room 001 - Multi Purpose Room 1. Remove the existing suspended ceiling and replace it with new tiles. Repaint grid work. 2. Cork board to cover N.E. comer (damage area). 3. Air to air exchanger. 4. We will spec lockers for entire building. Lockers will be free standing with flat tops. Contractor to install only. Exclusio ns: 1. Painting, wall and floor finishes. Room 002 - Evidence Staging Area 1. Remove the existing door and hinges. 2. Paint the door frame only. 3. Install five (5) lockers. Exclusions: 1. No painting of walls, no floor or ceiling finishes. Room 003 - Kitchen 1 . No work. Room 004 - Womens Rest Room: 1. Remove existing sink and cabinet. 2. Lower existing mirror. 3. Install grab bars as required. 4. Install toilet, sink with faucet to meet State handicap code. 5. "P" trap insulation kits installed. Exclusions: 1. No wall, ceiling or fleor finishes. .. .........-.,,+-.-... -~------.1.-' ~.__._...._----_...-.. , ...........------..,,---.---.---..... ... . . .. . ... - . - .. . - . . . .... ....................~~....................___._.. ."'___...;_. d..._ . ._... _.. .,.. ...__............_.~ .~..._.. .'._ _. ':'.' '.. Room 005 - Mens Rest Room: 1 . Same as Room 004. Room 006 - Womens Locker Room: 1. Remove the existing carpeting. 2. Remove concrete floor and patch floor for plumbing rough-ins. 3. Install three (3) lockers. 4. Install vinyl floor (allow. of $8.1 O/sq. ft.) 5. Painting of walls and ceiling. S. Mechanical items as listed. 7. Air conditioning and heat. 8. InstaJl waste and vent for 36" x 3S" fiberglass shower stall. 9. 36" x 36" fiberglass shower stall (door by others) and a anti scald shower valve with water piping connected. Room 007 - Mens Locker Room: 1. Install lockers. 2. Paint walls and ceiling. 3. Mechanical items as listed. 4. Air conditioning and heat. \." ~'(~ '( \/ c-, :J \\1 \' Room 008 - Police Evidence and Property Storage Area: 1.i~ ) D Install five (5) lockers. Install one-hundred and thirty-five (135) lineal feet of chain link fencing. Mechanical items as listed. Install waste and vent and laundry tub with faucet, include two (2") inch stand pipe with hot and cold connections for washing machine. Remove piping for truck. Fill lines and add frost proof silcock in front of building. 1. 2. 3. 4. 5. Exclusions: 1. No painting of wall, ceiling, or floor finishes. Outside Items: 1. Repair roof edge by adding a sheet metal flashing along the east side only. . 2. Add a treated wood landing and steps as per code on the south end of the building. Exclusions: 1 . No outside utilities, roof work, sac or wac charges, wall repair or pai nti ng. Included is a electrical allowance of $2,000.00. ~ ~.~ : .:~:~:.::..~~~~-:';~~~:'-:~'-'.:::~:'=-~': : :: i;;;;..~:~;-:'-:::~~:":=::'~~=-:::.-=-7_~:1:' ~~~~-~. .~-:-::.--: .'~-~._.'-~"'-~.":-=:.~::..~_--:___.~-.-.--..-_- ---:~:.. .:.' Plumbing: HVAC: JLE'T02. WRT ,., 1. Install running "P" trap in the inflammable waste trap. 2. Cap off existing plumbing in the waJl in the Mens Locker Room 007. 1. AU exhaust ducting for Rooms 004, 005, 006, 007 and dryer exhaust to be terminated outside. 2. To met criteria of the attached addendum. . - _:::'=.~~'~'=-=: - - --.~' -. ". -. - ./ ----~-~~::===.:~=-=--_....:.~:::=-:-.~..__.. - ~~--.-.... --. .-. .' u.eMnica. Werk 1. Mechanic31 contraCcr to fIejd verify existing pfumbing. aJhaust. and HV AC systems and submit drawings and matBriai list to art:hitI!CIengineer indicating proposed werle to retrafft remodeJed spacas. 2. Mechanic31 proposal shaJI indude eiedrica! previsions to provide complete and satisfac:cry operating systems. Ptumbina 1. Provide new sanitaJy sewer, v~ hot .~, and ccfd 'Mater piping to instaJI new ~QWer, laundry tub, and dcthes ~. .. 2. Connect shower, laundry tutl, and dothes 'Nasher to existing plumbing lines atter verifying tt1at existing plumbing Jines are adequate in siz9. Ventilation 1. Provide d01ttes drier exhaust vent and caiIing exhaust fan fer wcmenls loC<er and showers. Provide wail caps with bird sc:aen and bad< draft dampers to be located at axteri~r'NaiI at 'Nomen:s lod<er. .. '. 2. Ctedc and repair axis1ing mers loc.W, womerrs toilet, and merrs toilet fans as required to provide ventilation rates in compfianca with ASHRAE SZ-89. ' 3. Verify existing transfer air openings fer exhaust Provide fire dampers and ac:ass panels at ail rated wails per state and locaJ codes. 4. Mechanic3J c:ntrac:cr shail verify tttat existing exhaustImake-Jp air systam for pora evidenC3 and property storage area #008 is capable of a ventilation rate at .75 CFMlS.F. CJntrofs shail induce a time dcc.,{/C3rl:on monoxide sensor tc start make-up air unit and exhaust fan. ~ 1. Revise existing HV AC serving iOoms ;001, 002. 003. 004, OOS, 006, and 007 to provide adequate heating and coofang. Work ~ induce rebaianca at :xisting HV AC systam and the addition at :lec:rtc baseboard in women's and merrs !oc<er iOoms. Note: AU mec.,ar.ic3i 'NOrK to be in complianc3 'NittI state and toea! cedes. CJntrc:C.cr s.,aiI c::ordinate ail 'NOrK with Prior Uke inspec::cns dept \ ,J ~ . d :' ~ -.' ~ i,b i /! L ~~~ ./} , utI: d~ Hi ~~~"'~,~H~M ;;;~~1. l~ii~ ~' ~~ l \ Co t g~l~t& -:11~ ~1-~ ):1- ~ lt~\L"" N . 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