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HomeMy WebLinkAboutMarch 2, 1992HERIT. GE 1891 COMMUNITY 1991 CALL TO ORDER 1. 2. 3. 7:45 p.m. 5. 8:00 p.m. 6. REGULAR COUNCIL MEETING AGENDA Monday, March 2, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: a) b) c) a) e) Consider Approval of Invoices To Be Paid Consider Approval of Resolution 92-10 - a Resolution Supporting the Volunteers of America Week March 1 - 8, 1992 Consider Approval of the City of Prior Lake as the Local Government Unit To Administer The Wetland Conservation Act of 1991 Consider Approval of Executing a Quit Claim Deed for Prior Lake State Bank Consider Approval of Refuse Hauler License Application of Mark Johnson Consider Approval of Precinct Redistricting Plan and Resolution 92-09 Designating Precinct Polling Locations Consider Approval Application Conduct Cable Television Franchise Transfer Hearing Consider Comprehensive Plan Amendment and Application of Progress Land Company Other Business of Robert Mertens Subdivision Public Rezone a) b) MWCC Budget Meeting Notice 1992 Budget Document Distribution *Ail times stated on the Council Agenda, Public Hearings, are approximate and earlier or later. with the exception of may start a few minutes 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE COMMUNITY , XJ,'cX7..I 1891 1991 90 9/ CALL TO ORDER 1. 2. 3. REGULAR COUNCIL MEETING AGENDA REPORT Monday, March 2, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting - see attached. Consent Agenda: a) Consider Approval of Invoices To Be Paid - see attached. b) c) d) Consider Approval of Resolution 92-10 - a Resolution Supporting the Volunteers of America Week March 1 - 8, 1992 - The City of Prior Lake has been asked to participate in Volunteers of America Week - see attached letter. As we all know, the City of Prior Lake relies heavily on volunteerism. In appreciation of all the volunteers who contribute time and talent, the City Council is being asked to recognize Volunteers of America Week, March 1 - 8 by adopting Resolution 92-10. Staff recommends approval of Resolution 92-10 as part of the consent agenda. (We are planning our Volunteer Appreciation Day for this Spring as well.) Consider Approval of the City of Prior Lake as the Local Government Unit To Administer The Wetland Conservation Act of 1991 - see attached staff report. Consider Approval of Executing a Quit Claim Deed for Prior Lake State Bank - The purpose of this agenda item is to authorize the Mayor and city Manager to execute a Quit Claim Deed with Prior Lake State Bank. In 1979 the City of Prior Lake and Prior Lake State Bank worked together to issue a Commercial Development Revenue Note. The purpose of the Note was to construct the current bank building located at 16677 Duluth Avenue. The Note has successfully been satisfied by Prior Lake State Bank and the City no longer has an interest as specified in the Note on the property. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Enclosed is a copy of a letter from City Attorney, Glenn Kessel and information from A1 Stahlke, Vice President of Prior Lake State Bank. Both Glenn Kessel and A1 Stahlke have worked out the details of the transaction. Staff recommends that the Quit Claim Deed provided with the agenda report be approved as part of the consent agenda together with authorizing the Acting Mayor and City Manager to execute the Document. Execution of the Deed will complete the transaction for the Bank. 7:45 p.m. 5. 8:00 p.m. 6. e) Consider Approval of Refuse Hauler License Application of Mark Johnson - Mark Johnson, representing Mark's Sanitation, Inc., has completed an application, and submitted the appropriate fee for a refuse hauling permit. Staff has processed the application and is recommending City Council approve the refuse hauling permit effective March 2 through June 30, 1992 as part of the consent agenda. Please note in the letter from Laurie Davis to the City Council that the names and birthdates have not been provided. Staff will execute the permit upon receipt of the information and approval by the City Council. Consider Approval of Precinct Redistricting Plan and Resolution 92-09 Designating Precinct Polling Locations - see attached staff report. Consider Approval of Robert Mertens Subdivision Application - see attached staff report. Conduct Cable Television Franchise Transfer Public Hearing - see attached staff report. Consider Comprehensive Plan Amendment and Application of Progress Land Company attached staff report. Rezone - see 8. Other Business a) b) MWCC Budget Meeting Notice - Enclosed in your Council packet is a letter from the MWCC on their annual budget meetings. If you are interested in attending one of the meetings, please contact City Manager, Dave Unmacht. 1992 Budget Document Distribution - Enclosed with your agenda packet is a copy of the 1992 Budget. City Manager, Dave Unmacht, will make brief remarks regarding the 1992 Budget document. *Ail times stated on the Council Agenda, Public Hearings, are approximate and earlier or later. with the exception of may start a few minutes HERITAGE COMMUNITY 1891 1991 MINUTES OF THE CITY COUNCIL February 18, 1992 The Common Council of the City of Prior Lake met in regular session on Tuesday, February 18, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, White, City Manager Unmacht, Assistant City Manager Schmudlach, Finance Director Teschner, City Attorney Kessel and Recording Secretary Birch. Councilmember Scott was absent due to illness. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the February 3, 1992 meeting and Special Meeting of January 29 were reviewed by Council. Council MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, FEBRUARY 3, 1992 MINUTES AS SUBMITTED. TO APPROVE THE Upon a vote taken, ayes by Andren, Fitzgerald, White, the motion passed unanimously. Kedrowski, and MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE JANUARY 29, 1992 SPECIAL MEETING MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald,and Kedrowski. White abstained due to the fact he had not been present at the meeting. The motion carried. The next order of business was approval of the Consent Agenda as follows: a) b) ¢) d) e) f) g) h) Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Report Consider Approval of Fire and Rescue Report Consider Approval of Resolution 92-07 on the Appointment for the Sand Creek WMO Commissioner Position Consider Approval of Economic Development Committee Appointment for Dean Sutliff Consider Approval of Treasurer's Report Consider Approval of Resolution 92-08 - Resolution Urging Legislative Action on the Local Government Trust Fund MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, CONSENT AGENDA ITEMS (a) THRU (h). TO APPROVE 4629 Dakota St. S.E., Prior l~ke, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Minutes of the Prior Lake City Council February 18,1992 Upon'a vote taken, ayes by Andren, Fitzgerald, White, the motion passed unanimously. Kedrowski, and The next order of business was: Second Consideration of Ordinagce 92-01 - Eurasian Water Milfoil.. City Manager Unmacht recognized two members of the Lake Advisory Committee, Tom Watkins and Jon Wingard and a member of the Lake Association, Jerry Meysembourg, who were in the audience. Unmacht discussed the review process of the ordinance and reviewed the details of the ordinance. Unmacht noted that communication on the ordinance had been received from Bob Johnson, 15156 Fish Point Road, and from the Minnesota Sportfishing Congress. Communication from the DNR had been received from Mike Halvorsen on DNR permit rules and a copy of the DNR's Management Plan on Eurasian Milfoil had been received from Tom Sak of the Exotic SPecifics Program. Tom Watkins, on behalf of the Lake Advisory Committee, addressed the Council and recommended adoption of the ordinance. Nick Nichols, 6597 Harbor Beach, had questions with regard to lake access for residents of the Harbor. Jerry Meysembourg answered questions relating to plans for notifying lakeshore property. owners about the implementation of Ordinance 92-01. Discussion followed on the effectiveness of treatment to date, enforcement by the Scott County Sheriff and enlistment of aid from fishermen. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO ADOPT ORDINANCE 92-01. Upon a vote taken, ayes by Andren, Fitzgerald, White, the motion passed unanimously. Kedrowski, and The next order of business was: Consider Collector Street Fee Proposal. City Manager Unmacht presented background information and summary of the fee proposal. Finance Director Teschner summarized the process which staff had used to arrive at the proposed collector street fees. Extensive discussion occurred on cost recovery, options for financing road improvements, building permit cost, and how Prior Lake fees compare to other cities. Discussion occurred on the options available to recover the cost of developing trails, sidewalks and parks. Council directed staff to come back with the cost comparisons of other cities and selected other research information as discussed. A short recess was called. The meeting reconvened at 8:50 p.m. The next order of business was: Consider Approval of City Council Workshop Executive Summary Report. City Manager Unmacht discussed the Workshop Summary and its purpose. Council discussed various aspects of the summary and requested a clarification on the annexation discussion. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO RECEIVE THE CITY COUNCIL WORKSHOP EXECUTIVE SUMMARY REPORT. Upon a vote taken, ayes by Andren, Fitzgerald, White, the motion passed unanimously. Kedrowski, and Minutes of the Prior Lake City Council February 18,1992 The next order of business was: Present Information on Redistricting Local Precinct Bou~daries. City Manager Unmacht presented the proposed city redistricting plan which would consist of five precincts instead of three. Discussion occurred on available voting precinct facilities and census population numbers. Staff will submit this item on the March 2 agenda for further consideration. Topics discussed under Other Business are as follows: City Manager Unmacht announced the ANN Legislative Reception would be held on Wednesday, February 19 at 4:30 p.m. at the Kelly Inn in St. Paul. A brief discussion occurred on the recommendation by Council for the reappointment of Rick Adams to the Watershed District Board for another three year term. The next Council meeting will be Monday, March 2, p.m. 1992 at 7:30 There being no further business, thenmeeting adjourned 9:20 p.m. by general consent of the Counc/i~. D~id U. Un~ach~ C~t~anag~ Recording Secretary at THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. MAR. 3, 1992 MISC. DEPTS. LMC Insurance Trust M-V Gas Co. GENERAL GOVERNMENT League of MN Cities Prior Lake Rotary Metro Area Mgmt. Assn. Prior Prints Modern Computer Systems AlphaSoft MN Computer Supply Clark Food Service R & O Elevator B'ville. Commercial Cleaning Xerox Corp. Pitney Bowes PUBLIC SAFETY Hollywood Inn Lee Rabenort Intoximeters, Inc. Metro Auto Body K.K. Towing Prior Lake Rotary Alpha Video & Audio FIRE & SAFETY MN Cellular Telephone Co. BULIDING INSPECTION ICBO PUBLIC WORKS Prior Prints R-Own office Supply American Public Works Assn. Joel Rutherford Toll Co. Shiely Co. Graybar Electric Co. Minnegasco MN Pollution Control Agency Insurance Utilities Subscription Dues Meeting Expenses Printed Supplies Hardware Maint. Contract Hardware Maint. Contract Computer Supplies Bldg. Maint. Supplies Maint. Contract Janitorial Service Copier Rental & Payoff Rental & Reset Charges Meeting Expense Meeting Expense Equipment Repair Vehicle Repairs Vehicle Repairs Dues DARE Supplies Supplies Dues Printed Supplies Supplies Dues Engineering Test Shop Supplies Sand & Gravel Repair Supplies Utilities Seminar Fees 18,498.75 1,111.50 54.00 100.00 12.50 239.39 294.00 590.00 223.95 37.96 104.92 1,100.00 1,905.97 185.50 28.02 18.21 178.50 40.00 110.00 105.00 23.50 70.00 150.00 19.12 21.63 65.00 114.50 54.70 31.38 202.74 168.37 30.00 PARK AND RECREATION Prchal Candy Co. Diane Wikstrom Lisa Conlin Frank's Nursery & Crafts Prlordale Mall Zarnoth Brush Works Catco Dan's Auto Repair Tile World Hoffer's Inc. B'Ville Commercial Cleaning ECONOMIC DEVELOPMENT Lommen, Nelson Briggs & Morgan Kay Schmudlach Rachel VanDenBoom WATER UTILITY Feed Rite Controls Serco Gopher State One-Call Virgil Schaaf Construction Wally's World MN Dept. of Health SEWER UTILITY MacQueen Equipment Co. PRIOR LAKE CONSTRUCTION FUND Rieke Carroll Muller Assoc. DEBT SERVICE FUND Timothy Loonan Roger Olson Guy Lammers Tim Connors Bradley Roemer Robert Komorouski Lane Seitz Keith Plath James Spieker Robert Scheeler EQUIPMENT CERTIFICATES Supplies Park Program Instructor Park Program Instructor Supplies Dance ~u~o ~en~al Supplies Vehicle Repair Supplies Vehicle Repair Library Repair Library Repair Library Carpet Cleaning Professional Services Professional Services Meeting Expenses Meeting Expenses Chemicals Water Analysis State Terminal Equipment Rental Printed Supplies Seminar Fees Repair Supplies Engineering Fees Assessment Reduction Assessment Reduction Assessment Reduction Assessment Reduction Assessment Reduction Assessment Reduction Assessment Reduction Assessment Reduction Assessment Reduction Assessment Reduction 26.00 720.00 280.81 159.96 243.00 116.20 6.00 329.89 61.60 416.00 450.00 1,159.00 15.87 57.00 561.33 150.00 36.04 350.00 65.00 290.00 830.85 674.00 590.11 590.11 561.70 336.77 1,369.28 778.16 875.65 765.11 1,303.95 1,257.92 Crysteel General Equipment 300.00 HERITA G£ COMMUNITY 1891 1991 RESOLUTION 92-10 RESOLUTION SUPPORTING VOLUNTEERS OF AMERICA WEEK, MARCH i - 8, 1992 MOTIONED BY SECONDED BY WHEREAS, the week of March i - 8, 1992 is Volunteers of America Week; and WHEREAS, the City of Prior Lake volunteerism; and is a strong supporter of WHEREAS, the City of Prior Lake has benefitted immeasurably by time and talent dedicated by local residents; and WHEREAS, the City of Prior Lake wishes to participate in Volunteers of America Week in order to show appreciation and support for our volunteers. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the City of Prior Lake recognizes March 1 - 8 as Volunteers of America Week and encourages all residents to continue their commitment to the community by volunteering their time, energy and talents. Passed and adopted this 2nd day of March , 1992. YES Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White NO {Seal} David J. Unmacht City Manager city of Prior Lake 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 ! Ph. (612) 447-4230 / Fax (612) 447-4245 GONSE~IT AGENDA item ATTACiiI~T VOLUNTEERS OF AMERICA 5~06 (:~Iden VMley ~ * IAIl~hell:x~4, MN S~422 · January 24, 1992 The Honorable Tom Kedrowski City of Prior Lake Council 4629 Dakota Street S.E. Prior Lake, MN 55372 Dear Honorable Kedrowski: Volunteers of America Week is scheduled for March 1-8, 1992 which commemorates the founding of our organization on March 8, 1896. As one of Minnesota's and the nation's largest human service organizations, the Volunteers of America has been helping others for 96 years. Through the years, Volunteers of America has demonstrated it is a dynamic organization, able to keep up with the everchanging world around it. Now more than ever, we recognize the constant need for developing new and more creative ways to solve problems, meet community needs, and improve the overall quality of life for all members of our society. We must continue forming partnerships, to bridge the gap between social service needs and private sector social responsibility. I hope you will recognize March 1-8, 1992 as Volunteers of America Week and ask that you join us in celebrating our 96th year of service. Your personal letter acknowledging our service to the people in the Prior Lake community will be appreciated. Your interest and support makes a significant impact on the success of our organization. And, as you know, our success is measured through the lives of those we touch. Respectfully yours, ~/Uames E. Hogie, Jr. President JEH/dc Enclosures P. Your congratulatory letter, along with other letters and/or proclamations, will be duplicated and put into booklet form. A booklet commemorating our 96th birthday will be placed in the reception area of each of our programs. HERITAGE COMMUNITY 1891 1991 CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: 3 (c) BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF THE CITY OF PRIOR LAKE AS THE LOCAL GOVERNMENT UNIT TO ADMINISTER THE WETLAND CONSERVATION ACT OF 1991 MARCH 2, 1992 INTRODUCTION: BACKGROUND: In the last session, the Minnesota State Legislature, approved the Wetland Conservation Act of 1991. The goal of the act is to have a net gain in the number of wetlands throughout the State. The Minnesota Board of Water and Soil Resources (BWSR) is the lead agency in administering the act statewide; however, at the local level, the act specifies that a local unit of government will administer the requirements. The purpose of this Agenda item is to consider approving the city of Prior Lake as the local government unit (LGU) to administer the Wetland Act of 1991 within the City's corporate limits. The Wetland Act of 1991 has a one year interim period beginning January 1, 1992 to July 1, 1993, at which time the permanent implementation period will start. During the interim period, no wetland can be drained, filled or have any burning activity done unless an LGU certifies that the wetland is exempted from the act or has a replacement plan approved by the LGU. A flow chart of the interim program is attached to further explain how the act is administered. During the interim period, any local permitting authority or the Soil & Water Conservation District can administer the provisions of the act. In the permanent period, only the City, Township, or Water Management Organizations can administer the act in the metropolitan area. The BWSR recommends that whomever will be the LGU during the permanent period should be the LGU in the interim period. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 DISCUSSION: RECOMMENDATION: ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: The City of Prior Lake has land area within three (3) Water Managemegt Organizations and one (1) Watershed District. Non? of these organizations have indicated an interest in being the LGU. Tribal lands within the City are specifically exempt from the act. The City of Prior Lake is already involved with land development and has ordinances regulating activities which may impact or affect wetlands. The wetland act will affect how land is developed and the City will be involved whether the City is the LGU or not. Since the City is involved in the regulating of land development, it seems logical that the City would be the LGU to incorporate the wetland act regulations within the City's other regulations on land development. Recommendation is to approve a motion directing Staff to notify the BWSR that the City desires to act as the LGU within the City's corporate boundaries. The alternatives are as follows: Approve a motion directing Staff to notify the BWSR that the City will act as the LGU for the Wetland Act in the city limits. Disapprove motion for specific reasons. Table this item for specific reasons. This item has no impact on the budget, however, will require staff time to administer the act. Make a motion, as part of the Consent Agenda, directing Staff to notify BWSR that the City will act as the LGU for the Wetland Act in the city limits of Prior Lake. CONSENT AGENDA ]Tl~q ~ (d) Lommen, Nelson, Col & Stageberg, P.A. ATTORNEYS AT LAW LEONARD T. JUSTER HENRY H. FEIKEMA ALVIN S. MALMON RONALD L HASKV1TZ PHIl. LIP A. COLE ~ MARK N, STAGEBERG ROGER V. STAGEBERG GLENN R. KESSEL THOMAS R. JACOBSEN JOHN M. GIBLIN JOHN R. McBRIDE J. CHRISTOPHER CUNEO THOMAS F. DOUGHERTY STACEY A. DeKALB KAY NORD HUNT RICHARD L. PLAGENS MICHAEL P. SHROYER EHRICH L KOCH MARGIE R. BODAS it Certified Civil Trial Specialist ' Certified Real Estate Specialist 80 SOUTH EIGHTH STREET · MINNEAPOLIS, MINN~A 55402 TELEPHONE (612) Minnesota WATS Line FAX (612) 339-8064 SOUTHSIDE OFFICE PLAZA. SUITE 1810 CRESTV1EW DRIVE · HUDSON. WISCONSIN 54016 TELEPHONE (?~S) T~n ~ Une (~12) FAX (715) ~6-~19 REPLY TO: MINNEAPOLIS OFFICE WRITER~ DIRECT D~L NUMBER: 336-9338 February 19, 1992 Mr. David Unmacht City of Prior Lake 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 STEPHEN C. RATHKE JOEL W. LAVINTMAN UNC ~ DETER $ SHERRI D. ULLAND MARLENE S. GARVIS REID IL LINDOUIST JAMES C. SEARLS JAMES R. JOHNSON TERRANCE W. MOORE LINDA G. AXELROD CRAIG D. KLAUSING MARC A. JOHANNSEN ANGEIA W. ALLEN PATRICK R. McDERMOYI' ADAM LEVITSKY BARRY ~. O~qEIL V. OWEN NFA..SON JOHN P. LOMMEN O927-1988) WYMAN SMITH (Retired) MARK SULLIVAN (Retired) r. Dear Dave: I am returning the original of A1 Stahlke's letter of February 4, 1992 together with the original documents enclosed with his letter, including the Quit Claim Deed. I have reviewed the bound volume of the transcripts of the proceedings regarding the Commercial Development Revenue Note (Prior Lake State Bank Project) as well as your file materials regarding this project. In a review of those materials, I did not find specific authorization by the Council authorizing the City Manager and Mayor to execute a deed upon satisfaction of the underlying note. We would therefore recommend that you place this matter on the consent agenda and have the Council approve the execution and delivery of the Quit Claim Deed to Prior Lake State Bank in accordance with the project documents. Minnesota Statutes 412.201 requires authorization by the Council for execution and delivery of City deeds. I indicated to Mr. Stahlke that I believed this matter would be placed on the March 3 Council consent agenda. Very truly yours, ~, NELS/~ COLE & STAGEBERG, P.A. Glenn R. Kessel GRK:sjf Enc. cc: A. A. Stahlke, Prior Lake State Bank Lommen, Nelson, Cole & Stngeberg, P.A. Mr. David Unmacht February 19, 1992 Page # P.S. I will bring the Prior Lake State Bank bound volume of the closing documents and your file materials to the March 3 Council meeting. ....... February 4, 1992 R~. David Unaach~, City Nanager City Of P=ior Lake 4629 Dakota St. SE P=ior Lake, NN 55372 REOEIVED p CfTy O~ RE: Elimination of baiance on Revenue Notes Dear Rc. Unmacht: Enciosed with this communication a~e the following: 1. Copy of Commerciai Deveiopment Revenue Note 2. Unrecorded copy of Mortgage Satisfaction 3. Unrecorded Reiease of Assignment of Lien 4. Quit Ciaim Deed, not executed. In that the encumbrance on our structure has been satisfied, the one remaining document requi~ed is the executed Quit Ciaim Deed ~eferenced above. ~e respectfuIIy request that it be executed by whomever is authorized, have it notarized and ~eturn to this miter. Shouid you requi~e any further documentation evidencing satisfaction, please iet me know. ? Yours v~eryA AAS:jet Enci: (4) P.O. BOX 369, 16677 DULUTH AVENUE SE PRIOR LAKE, MINNESOTA 55372-0369-TEL 612-447-2101 · FAX 612-447-3337 J UNITED STATES OF AMEKICA COUNTY OF SCOTT .,?,.° .- CITY OF PRIOR LAKE /~"" . . '.~ '~ '-~ Commercial Development Revenu.~'Notet~..'.'"..:. (Prior Lake State Bank Proj~ .~. The City of Prior Lake, ~innesota, corporation of the State of Ninnesota (the Cit~}~for value received, hereby promises to pay to the order of FIRL;T SECURITY STATE BANK, or assigns (the Holder) at its principal office in Sleepy Eye, Minnesota, or such other place as the Holder may designate in writing, from the source and in the manner hereinafter provided, the principal sum of EIGIIT ~NDRED THIRTY THOUSAND DOLLARS ($830,000) with interest on the unpaid principal amount at the rate of seven and one-half percent (7-1/2%) per annum, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America. This Note is payable in installments on the first day of each month (or the next business day thereafter if the first is a holiday) as follows: (1) on February 1, 1980, and on the first day of each month thereafter, to and including January 1, 1981, an amount equal to the interest accrued on the outstanding principal balance of the Note; (2) On February 1, 1981, and on the first day of each month thereafter, the sum of $7,694.20, which is the amount calculated to be necessary to amortize the outstanding principal balance of the Note in accordance with a 15-year amortization schedule, until the first day of January, 1996, when the entire principal balance of the Loan, and all accrued interest, shall be due and payable. Ail interest hereon shall be computed on the basis of the actual number of days elapsed on the assumption that each month contains thirty (30) days. Payments at,all be applied first to interest due on the unpaid principal and thereafter to reduction of the principal. The principal of this Note is subject to prepayment as follows: (a) On any installment payment date, in whole b~t not in part, without penalty or premium, upon the occurrence of certa ia events of damage, destruction or condemnation of the Project to the extent described in Section 6.01 of the Lease hereinafter referred to; or (b) On any installment payment date subsequent to January 1, 1986, all or any part of the outstanding principal balance of the Note may be prepaid, at a premium equal to the following percentages of the principal amount so prepaid: Date Premium February 1, 1986 through January 1, 1987 February 1, 1987 through January 1, 1988 February 1, 1988 through January 1, 1989 February 1, 1989 through January 1, 1990 February 1, 1990 through January 1, 1991 February 1, 1991 through January 1, 1992 February 1, 1992 and thereafter 3% 2- 1/2% 2% 1-1/2% 1% 1/2% no premium No prepayment shall reduce the amount or postpone the due dates of monthly installment payments d~e hereunder nor shall any such prepayment reduce or postpone any other payment due hereunder, installments and other payments of which shall continue until the entire principal balance has been paid. All prepayments, after deduction of interest and fees, shall be applied to reduce the principal balance of the Note. This Note constitutes an issue in the total authorized face amount of $830,000. This Note is issued by the City pursuant to the authority granted by Minnesota Statutes, Chapter 474, as amended (the Act), for the purpose of providing funds for a Project, as defined in Minnesota Statutes, Section 474.02, Subdivision la, consisting of certain real estate and construction of improvements thereon, and paying necessary expenses incidental thereto, such funds to be loaned by the City to Prior Lake State Bank (the Borrower) pursuant to a Resolution, adopted November 19, 1979, by the City (the Resolution), and a Lease of even date herewith, between the City and the Borrower, and a Disbursing Agreement among the City, the Borrower, the Holder and Title Insurance Company of Minnesota (the Disbursing Agent), thereby assisting activities in the public interest and for the public welfare of the City. This Note is secured by a Mortgage and Security Agreement, of even date herewith (the Mortgage), given by the Borrower as -2- Mortgagor to the Holder as Mortgagee; and an Assignment of Lease, of even date herewith, from the City to the Holder. As provided in the Resolution, this Note may be assigned by the Holder, from time to time, by endorsement hereon or by other writing; provided, that notice of such assignment shall be give,% in writing to the City and the Bur rower. Ail of the agreements conditions, covenants, provisions and stipulations contained in the Mortgage, Resolution, Lease, Lease Assignment and Disbursing Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. If a default occurs under this Note or under the Mortgage, Lease, Lease Assignment or Disbursing Agreement, then the Holder may at its right and option declare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together, with any attorneyz' fees incorred by the Holder in collecting or enforcing payment thereof, whether suit be brought or not, and all other sums due hereunder or under the Mortgage, Lease, Lease Assignment or Disbursing Agreement. The Holder may extend the time of payment of interest and/or principal of this Note, without notice to or consent of any party liable hereon and without releasing any such par ry. This Note and the interest hereon shall never constitute a debt of the City within the meaning of any constitutional provision or statutory limitation and shall never constitute or give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. This Note and the interest hereon are payable solely from the revenues pledged to the payment thereof pursuant to the Lease and secured by the provisions of the Mortgage and Lease Assignment, and the Holder of this Note shall never have the right to enforce payment thereof against any property of the City, excerpt revenues under the Lease. This Note does not constit;.~te a charge, lien or encumbrance, legal or equitable, ur-~n any property of the City, except revenues under the Lc~se, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availablity of revenues from the Lease or the Mortgage, sufficient to pay all costs of such performance or the enforcement thereof. -3- The remedies of the Holder, as provided herein and in the Mortgage, Lease and Lease Assignment shall be cumulative and concurrent; may be pursued singly, successively or together and, except as provided in the Mortgage, at the sole discretion of the Holder; and may be exercised as often as occasion therefor shall occur. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. Each maker, co-maker, endorser, surety and guarantor, subject to limitation of the City's liability, hereby guarantees payment of this Note and waives demand, presentment, protest and notice of dishonor and agrees that without any notice, the Holder hereof and any present or future owner or owners of any property and interests covered by the Mortgage or any other documents given to secure this Note, or executed in connection with this Note, may irom time to time extend, renew, or otherwise modify the date or dates or amount or amounts of payment above recited. The Holder hereof may from time to time release any part or parts of the property and interest subject to the Mortgage or to any such other document from the same, with or without consideration. In any such case, each maker, co-maker, endorser, surety and guarantor, subject to limitation of the City's liability, shall continue liable to pay the unpaid balance of the indebtedness evidenced hereby as so extended, renewed or modified and notwithstanding any such release, and furhter agrees to pay all costs of collection, including a reasonable amount for attorney's fees, in case any payment shall not be made at maturity, and all costs and expenses, including reasonable attorney's fees, incurred in protecting the security for this Note or in preserving the properties or interests or any part thereof described in said Mortgage and any such other document, whether suit be brought or not. It is intended that this Note is made with reference to and shall be construed as a Minnesota contract and governed by the laws thereof. -4- IT IS HEREBY CERTIFIED AND RECITED that all coi]dit~ons, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by ]aw. IN WITNESS WHEREOF, the City has caused this Note to be duly executed by its duly authoriz, ed officers and its corporate seal affixed, all as of this 15th day of January, 1980. ~ City Manager '~/ CITY OF PRIOR LAKE, MINNESOTA (SEAL) -5- SATISFACTION OF MORTGAGE Form No. 51-M Minnesoti Uniform Conve¥1nctng BlAnks (1985) By Corpor&tion or PLrtnershlp Satisfaction Of Mortgage Date: January 31 ,1992 (reserved for recording data) THAT CERTAIN MORTGAGE owned by the undersigned, a under the laws of Minnesota executed by City of Prior Lake, a Municipal Corporation Subdivision of the State of Minnesota Firsg S~¢urity State Bank of Sleepy Eye, Sleepy Corporation ,dated January 15 ,1980, and Political Eye, Mn. , as Mortgagor, to , as Mortgagee, and filed for record January (or in Book of (Registrar of Titles) of Scot t secured, fully paid and satisfied. 15 ,19 80, as Document Number 174049 Page ), in the Office of the (County Recorder) County, Minnesota, is, with the indebtedness thereby First Seczff~tv Stats Bank of Sleepy Eye ts Its STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this al ~ day of by Mark R. Eifert and Bt,nan g. the Pre_" ident and c. ~h ~ or under the laws of ~inneeeta on behalf of the Corporatign THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): First Security State Bank 100 E. Main Sleepy Eye, Mn. 56085 SlGN~TUR'~ O-F PEI~t[O~)F~AKING ACKNOWLEDGMENT NOTARIAL~ESTAMP OR OR RANK) RELEASE OF ASSIGNMENT OF LEASE JANUARY 31, 1992 That certain Assignment of Lease owned by the undersigned, a corporation under the laws of Minnesota, dated January 15, 1980, executed by City of Prior Lake, a Municipal Corporation and Political Subdivision of the State of Minnesota, as Municipality to First Security State Bank of Sleepy Eye, as Lender and filed for record January 15, 1980, as Document Number 174050, in the Office of the County Recorder of Scott County, Minnesota, is, with the indebtedness thereby secured, fully paid and satisfied. First S~~Bank of Sleepy Eye By Its President~/ Its Cashier STATE OF MINNESOTA COUNTY OF BROWN The foregoing instrument was acknowledged before me this 31st day of January, 1992 by Mark R. Eifert and Brenda K. Walden, the President and Cashier of First Security State Bank of Sleepy Eye, a corporation under the laws of Minnesota, on behalf of the corporation. This instrument was drafted by First Security State Bank 100 E. Main Sleepy Eye, Mn. 56085 signature of perso~ taking acknowledgment Notarial Stamp Ne. 31-M-QUIT CLAIM DEED No delinquent taxes and transfer entered; Certificate of Rea] Estate Value { ) f/led { ) not requ/~ed Certificate of Real Estate Value No. 19__ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: FEBrUarY 4 FOR VALUABLE CONSIDERATION, MINNESOTA ,199~ (reserved for recording data) CITY OF I~Ill glE , a IIJNICIPALITY under the laws of · Grantor, hereby conveys and quitclaims to. PRIOR LAKE STATE ~ , Grantee, a SEE EXHIBIT "A' under the laws of I~NNESOTA County, Minnesota, described as follows: · real property in together with all hereditaments and appurtenances belonging thereto. STATE OF MINNESOTA COUNTY OF The foregoing was acknowledged before me this by and the and of under the laws of NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK? By Its By Its day of ,19__, on behalf of the ,a SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): PRIOR LNCE STATE BNIK 16677 DULUTH AVE SE PRIOR I_~CE, MN 55372 PRIOR LNCE STATE BANK 16677 DULUTH AV~ SE PRIOR LAKE, FIN 55372 A tract of land in the East 1/2 of the Southwest Quarter and the West 1/2 of the Southeast Quarter of Section 2, Township 114, North, Range 22 West, Scott County, Minnesota, described as follows: Commencing at a point on the East line of said West 1/2 of SE 1/4 distant 1940.8 feet North of the SE corner thereof, said point being the South line of a town road; thence defelcting West an an angle of 92° 37' along said South line of road a distance of 652o15 feet to its intersectio~ with the Northwesterly boundary of New Trunk Highway No. 13, said point being the actual point of beginning; thence ¢ontinuingWest along said South line of road a distance of 759.65 feet to the intersection with the Easterly boundary of Old Trunk Highway No. 13; thence Southerly along said Easterly boundary a distance of 609.65 feet; thence deflecting to the left at an angle of 76° 15' a distance of 71.2 feet to the said Northwesterly boundary of New Trunk Highway No. 13; thence Northeasterly along said boundary to the actual point of beginning. Containing 6.0 acres more or less. Said property intending to convey all of the land lying North and Northwesterly of New Trunk Highway No. 13, and East of Old Trunk Highway No. 13 and South of the East and West Village Road, being in the South 1/2 of Section 2, Township 114 North, Range 22 West, Scott County, Minnesota, according to the United States Government survey thereof. HERITAGE 1891 COMMUNITY 1991 CONSENT AGENDA 3 (e) ATTACHMI~T February 25, 1991 Prior Lake City Council 4629 Dakota St. SE Prior Lake, MN 55372 RE: Refuse Hauler's Application/Insurance To Whom It May Concern: The following Refuse Hauler is City of Prior Lake. requesting licensure Mark Johnson Mark's Sanitation, Inc. RR #2 194-S Belle Plaine, MN 56011 within the Ail applications, insurance and necessary forms have been filled out except employee names and birthdates. This form has been sent to him and he will hand deliver when finished. Sincerely, Laurie Davis License Clerk city of Prior Lake 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE COMMUNITY 1891 1991 CONSENT AGENDA: REQUESTED BY: SUBJECT MATTER: DATE: 4 RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF PRECINCT REDISTRICTING PLAN & RESOLUTION 92-09 DESIGNATING PRECINCT POLLING LOCATIONS MARCH 2, 1992 INTRODUCTION: BACKGROUND: Minnesota law requires that municipal ~recinct boundaries, for the purposes of voting, be redistricted within 60 days following the date the legislature has been redistricted. The procedure set forth for this process is for the City to prepare maps identifying the new boundaries for each precinct. These maps are to be forwarded to the offices of the secretary of state, state demographer and county auditor with a copy to be retained on file at City Hall for public inspection. This year, cities will be able to use a map prepared by the Secretary of State's office which is scheduled to be mailed shortly. In addition, the City Council must designate by Resolution, a polling place for each election precinct. Each polling place must be accessible to and usable by elderly and physically handicapped individuals. On Thursday, January 30, the special state redistricting panel signed an order entering its judgment establishing the state court plan for legislative redistricting which originally was approved by the '91 state legislature. Subse~entl¥ on February 3, the City received a notification letter from the Office of the Attorney General to begin local redistricting efforts. While recognizing the fact that there is a ninety day window for appeal, this letter states the o~inion that the official timeline began effective January 30, 1992. Compliance deadline is Monday, March 30, 1992. This compliance date is still in effect even though the federal judicial panel has ruled on its own redistricting plan, not surprisingly different than the State's plan. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 ! Ph. (612) 447-4230 / Fax (612) 447-4245 DISCUSSION: This pr?rides the City with an excellent opportunity to streamline the election process within our community. The City's last precinct realignment occurred on July 18, 1983 when we expanded to three precincts. The City's population has increased by nearly 50% since then and as a result, two of our three precincts are overloaded as to voter capacity. An ideal precinct size is generally accepted to be approximately 1500 registered voters. Our current registered voter count is 6890 and a breakdown is as follows: Precinct #1 ... 2,473 Precinct #2 ... 2,831 Precinct #3 ... 1,586 When establishing election precinct boundaries there are two restrictions a municipality must adhere to. Those being that precinct lines must follow visible, clearly recognizable physical features and thgt precincts do NOT lie in more than one legislative district. Attached with your agenda is a proposed 1992 Precinct Boundary map outlining five election precincts along with their respective polling location: Precinct #1 - Prior Lake City Hall 4629 Dakota Street SE Precinct #2 - MN Valley Community Church 5995 Timber Trail SE Precinct #3 - St. Michaels Church 16311 Duluth Ave SE Precinct #4 - Mdewakanton Community Center 2330 Sioux Trail NW Precinct #5 - Assembly of God Church 6880 Boudin Street NE RECOMMENDATION: Ail prospective polling places have been contacted and have approved the use of their facility for future elections. The first election that will utilize the new precinct format will be the Primary on September 15 of this year. Staff believes this format to be a well balanced and representative redistricting plan and in conformance with State statutes. The increased number of voting precincts will accomplish the downsizing objective which will speed up the voting process. Also, the new alignment allows for greater flexibility( due to population growth, in keeping the precincts within optimum size. Therefore, Staff would recommend the adoption of the redistricting plan as presented for your review and to approve Resolution 92-09 Designating Precinct Polling Locations. ALTERNATIVES: ACTION REQUIRED: The Council could consider the available options: following 1. Approve the redistricting plan of the precincts as proposed. five 2. Amend the plan to incorporate precinct boundaries favored by the Council. 3. Reaffirm existing format of three election precincts and delay realigning action until a future year. Motion by the Council to establish 5 election precincts and their corresponding boundaries as drawn on the Proposed 1992 Precinct Boundary Map and to adopt Resolution 92-09 Designating Precinct Polling Locations. E MOTION BY: HERITAGE COMMUNITY 1891 1991 RESOLUTION 92-09 A RESOLUTION DESIGNATING PRECINCT POLLING LOCATIONS WITHIN THE CITY OF PRIOR LAKE SECONDED BY WHEREAS, the State of Minnesota requires all cities to conclude local redistricting plans within 60 days of legislative redistricting; and WHEREAS, the City Council has determined that five (5) election precincts shall best serve the public on the basis of improving voting expediency; and WHEREAS, the City Council has established the boundaries of the five precincts as indicated on Exhibit "A" consisting of the Proposed 1992 Precinct Boundary Map. NOW, THEREFORE BE IT RESOLVED, by the Mayor and City Council that the following polling places be designated within each of the respective precincts: Precinct #1 - Prior Lake City Hall 4629 Dakota Street SE Precinct #2 - MN Valley Community Church 5995 Timber Trail SE Precinct #3 - St. Michaels Church 16311 Duluth Ave SE Precinct #4 - Mdewakanton Community Center 2330 Sioux Trail NW Precinct #5 - Assembly of God Church 6880 Boudin Street NE BE IT FURTHER RESOLVED THAT, all polling locations referenced above shall be accessible to the physically handicapped. Passed and adopted this day of , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White David J. Unmacht City Manager City of Prior Lake {Seal} 4629 Da~taSt. S.E.,Pfior ~k~ Minnesota55372 / Ph.(612)~7-4230 / ~x(612) 447-4245 Lommen, Nelson, Cole & Stageberg, P.A. A'I'FORNEYS AT LAW LEONARD T. JUSTER HENRY H. FEIKEMA ALVIN S. MALMON RONALD L HASKVrrZ PHILI~P A. COLE $ MARK N. STAGEBERG ROGER V. STAGEBERG GLENN R. KESSEL THOMAS R. JACOBSON JOHN M. GIBLIN · JOHN R. McBRIDE ~ J. CHRISTOPHER CUNEO THOMAS F. DOUGHERTY STACEY A. DeKALB KAY NORD HUNT RICHARD L. PLAGENS MICHAEL P. SHROYER EHRICH L. KOCH MARGIE R. BODAS JAMES M. LOCK. HART ~t Certified Civil Trial Specialist · Certified Real Estate Specialist 1800 IDS CF_.NTE~ 80 SOUTH EIGHTH STREET · MINNEAPOLIS, MINNES(Yl'A 55402 TELEPHONE (612) 339-8131 Minneso~ WA'I~ Line 1-800.752.4297 FAX (612) 339-8064 SOUTHSIDE OFFICE PLAZ~ SUITE 2A 1810 CRESTVIEW DRJVE · HUDSON, WISCONSIN 54016 TELEPHONE (715) .186-8217 Tsdn Ci~ Line (612) 436-8085 FAX (715} 3~-8219 REPLY TO: MINNEAPOLIS OFFICE WRITER'S DIRECT DIAL NUMBER: February 20, 1992 MEMORANDUM TO: David Unmacht, City Manager City of Prior Lake FROM: Sherri D. Ulland STEPHEN C. RATHKE JOEL W. LAVINTMAN LINC S. DETER ~ SHERRI D. ULLAND MARLENE S. GARVIS REID R. I.,~NDQUIST JAMES C, SEARLS JAMES R. JOHNSON TERRANCE W. MOORE LJNDA G. AXELROD CRAIG D. KL.AUSING MARC A. JOHANNSEN ANGELA W. ALLEN PATRICK R. McDERMOTT ADAM LEVITSKY STEVEN L. THEESFELD BARRY A. O'NEIL OF V. ON.aN NELSON JOHN P. LOMMEN (1927-1~8) WYMAN SMITH (Reared) MARK SULLIVAN (Retired) Attached are copies of Minn. Stat. Sections 204B.16 and 204C.06(2). M.S. 204B.16 pertains to the designation of polling places. Each polling place must be accessible to and usable by elderly and physically handicapped individuals. In addition, no polling place shall be designated in any place where intoxicating liquors or nonintoxicating malt beverages are served or in any adjoining room. M.S. 204B.16(6) implies that ~ublic facilities are preferred, but that there is no prohibition against using private facilities. Neither the League of Minnesota Cities nor the Secretary of State's office is aware of anything preventing a private facility meeting the requirements of M.S. 204B.16 from being designated a polling place. M.S. 204B.06 pertains to conduct in and near polling places. Please note subd. 2 which sets forth those individuals allowed in a polling place. PR HERITAGE COMMUNITY 189! 1991 E "SB01CC" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 5 Sam Lucast Associate Planner Consider Approval of Subdivision Application March 2, 1992 Robert Mertens INTRODUCTION: The Planning Department received an application for the subdivision of an 18,793 square foot lot on the northeast corner of Park Avenue and Cates Street. The application would result in the creation of one lot only. Please see attached subdivision application maps. BACKGROUND: Although the lot has been in existence for a considerable amount of time, it is not a lot of record. A lot of record is defined as any lot which individually or as part of a subdivision has been recorded in the office of the Registrar of Deeds of the County. Only lots of record are eligible for building permits. In order to become eligible for a building permit, it must go through the subdivision process. The property is zoned R2SD, and is of sufficient area and dimensions to legally accommodate a duplex structure. DISCUSSION: The subdivision process for this application is more for the legal aspects of compliance than for the impact on adjacent areas. The feedback from the Planning Department Project Review Record is positive. The Review Record is sent to city Departments, utility companies, and natural resource agencies for their comments. The only contingency is that staff will require the owner to show drainage swales for the side lot lines at the time of building permit application. The swales must be constructed prior to occupancy permit approval. The site slopes from the north to the south and has volunteer tree growth on the eastern and southern edges. Tree Species include 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Silver Maple, Box Elder, Elm, and Cottonwood trees with caliper sizes from four (4) to eight (8) inches. The lot vegetation also includes Sumac and brush. It appear~ a house could be constructed without removing a significant amount of tree cover. A Metropolitan Waste Control Commission (MWCC) sewer interceptor line runs along the western border of the lot. An easement encroaches on the lot, but does not substantially limit the building envelope on the site because it is such a large lot. The site is adequately served by City water and sewer. COMPREHENSIVE PLAN IMPACT: The subdivision is consistent with the Comprehensive Plan. The land is zoned R2SD and the lot is large enough to build a single family dwelling o~ duplex. No variances are needed to build either structure. ALTERNATIVES: There are three alternatives: 1) Approve the application as submitted. 2) Deny the application as submitted. 3) Table the application pending conditions. RECOMMENDATION: Staff recommends approval of the application as submitted - alternative 1. ACTION REQUIRED: Motion is required to act on one of the alternatives. PROPOSED MERTENS SUBDIVISION rrl I~£PAR£D F(X~: lox MI FRIOR LAKE, IdV. Volley Surveying Co., P. A. SITE DEVEkbO~NT ~ PLANTING PLaN , WRELIMINARY PLAT ROBERT MERTENS g~O. ~OX Volley Surveying Co., P.A. lITE LOCATION F~,. ~ ~. ~ ~ ~E (~) ~'~ c .-. .,- ,, HERITAGE COMMUNITY 1891 1991 'IN.%. AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: 6 RALPH TESCHNER, FINANCE DIRECTOR CONDUCT CABLE TELEVISION FRANCHISE TRANSFER PUBLIC HEARING MARCH 2, 1992 INTRODUCTION: The City of Prior Lake has received a request from Star Midwest, Inc. to transfer its cable television franchise to D.D. Cable Partners L.P. The City's franchise ordinance and state law requires that the transfer of ownership receive the approval of the franchising authority. Prior to an approval, the franchise ordinance requires a review of the transfer based upon four general criteria referred to as financial, technical, legal and character qualifications. Therefore, a public hearing is to be conducted in an effort to determine if the best interests of the community are being served by the transfer. BACKGROUND On August 15, 1983 the Prior Lake Council adopted its cable television ordinance and awarded a 15 year franchise to North American Communications Corporation. Subsequently, on March 18, 1988 the City Council approved the sale and transfer of the franchise to Star Midwest Inc. which has continued to operate the cable system up to the present date. On January 10, 1992 Star Cablevision notified the City that it had reach an agreement to sell the stock of Star Midwest, Inc. to D.D. Cable Partners L.P. Upon.receipt of this notice, the ordinance requires that the city must, within 30 days, make a determination whether the transfer may adversely effect the City's subscribers. This official notification was certified to Star Midwest Inc. on February 4, 1992. The City then must hold a public hear%ng .within the 30 days following the determination of potential adverse impact. Since then we have engaged our original cable legal counsel, Thomas Creighton, in the process. On February 20, a "Municipal Request for Information" was forwarded to both companies to attain the necessary information to analyze the transfer. 4629 DakotaSt. S.E.,Prior ~ke, Minnesota55372 / Ph.(612)~7-4230 [ ~x(612)~7-4245 DISCUSSION: RECOMMENDATION: ACTION REQUIRED: Some company information provided by CEO David Rozelle, is that D.D. Cable Partners L.P. is a limited partnership whose general partner is InterMedia Partners II and whose limited partner is General Electric Capital Corp. InterMedia Partners owns and operates cable television systems in several states with a present subscriber base in excess of 320,000 customers. Mr. Rozelle has stated that GECC will not only be an equity owner but also provide the majority of the venture capital. The public hearing format is anticipated to allow for a presentation by D.D. Cable Partnership representatives to be followed by an open forum for public response and comment and concluded with Council query. Staff is recommending that the public hearing should be continued so that written Information submitted by the transferee may be evaluated and appraised. During this timeframe it may be prudent for the Council to leverage this opportunity to negotiate with the new company any items of concern such as possibly introduction of a rate tier system as opposed to flat rates and increasing our franchise fee from 3% to 5%. These considerations may be conditioned to approval of the cable franchise transfer. The Council should also be aware that our ordinance provides for 100% reimbursement of all costs associated with the transfer of ownership request with respect to Staff time as well as outside contracted services. D.D. Cable Partners L.P. has been notified of their financial responsibility regarding this matter of expense reimbursement. The City must within thirty days of the close of the public hearing either approve or deny the request for transfer of ownership. At this point in time though, the information has not been submitted so Staff has not been able to formulate a recommendation to the Council. However, Staff would a~ticipate that a similar process of review, as in the last transfer, would occur. That being a summary and analysis to be prepared on the proposed transaction with respect to the required criteria as developed by Thomas Creighton. The public hearing should be continued by the Council until March 16, 1992 at 8:00 P.M. at which time more information should become available. The Council should be ?repared to direct Staff toward the resolution of any specific issues identified and discussed at the meeting that the Council wishes to be addressed. THAT THE PRIOR LAXII .crrY _C~_ _U~_ C~L ~ HOLD A I~]BLIC IN THE PRIOR tAKE OTY HALL OOUN(XL C~IAMBEI~ AT 8.-00 P.M. ON MONDAY, MARCH 2, 1992. DAVID ~. UNMAOfr OTY MANAOER CITY OF PRIOR LAKE IM~, 17 Ired 24, 1992; No. (Published In the l~rio~lake Amedc~ on Mondays, Feb. 17 and 24,1992; No. 1437) HERITAGE COMMUNITY 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 7 HORST GRASER, DIRECTOR OF PLANNING CONSIDER COMPREHENSIVE PLAN AMENDMENT AND REZONE APPLICATION OF PROGRESS LAND COMPANY MARCH 2, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: Warren Israelson of Progress Land Company has petitioned the City to amend the land use map of the Comprehensive Plan from industrial to residential and rezone from I-1 to R-1 approximately 97 acres of land east of County Road 21. Mr. Israelson plans a single family development necessitating the amendments. Mr. Israelson has owned the subject site for at least four years. He is a land developer with experience in single family developments. He applied for the identical amendments in 1989 but was denied pending a City study to determine the best industrial sites in Prior Lake. The task was assigned to a consultant whose report was eventually adopted by the Council and is to be incorporated in the current comprehensive planning process. The principle concern when evaluating a comprehensive plan amendment is to preserve and maintain the objectives and goals of the City. In this case the plan references the need for preserving industrial opportunities. This objective is also found to be a high priority in the Prior Lake 2000 survey/report. The industrial report revealed that this objective has a better chance of occurring elsewhere in the community. Thusly, an amendment would preserve the objective of the plan and assign a new land use that produces a favorable return to the community. See attached Staff report for details on the amendment and rezone application. The Planning Commission heard these requests at a Public Hearing on February 20, 1992, and recommended approval.of the Comprehensive Plan amendment and rezonlng with the conditions outlined in the Planning Commission Staff report memo. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Approximately 10. people from Manitou Road attended the hearing Indicating concern for the ~reservation of natural features and wildlife opportunities. Concern was also shown for plat design. Although the applicant has not submitted a formal plat, general design and neighborhood issues were discussed. It was suggested that a neighborhood meeting be held to discuss and receive impact from concerned citizens. ALTERNATIVES: Deny the Comprehensive Plan and Zoning change. Approve the requested action as applied for. 3. Continue the hearings for additional information. RECOMMENDATION: ACTION REQUIRED: Approve the requested action with the contingencies as recommended by Staff and the Planning Commission. Staff recommends approval of Alternative #4. Depending on Council action. CITY OF PRIOR LAKE APPLICATION FOR AM~II/tENT 'IO CITY CODB OR CITY ORDINANCE Applicant .. Address: , Progress Land ComD0, ny 14300 Ni~911et Court Suite 335 Home Phone: 447-~8, t~rk Phone: 435-3115 Burnsvllle,~ MN 55337 ' Section of Ordinance Amendment is l~ested for: ..... Comprehensive Plan Amendment Describe Amendment: Change Comprehensive plan from lndustrlla to residential usa§e4~? 96 acre s.l~e on C~unt~ Road 21 % mile SouXh,,of Copnty. ....... ~ ~ ~ / Reasons for the Request= (May Attach) To allow subdJvtdton of property into slngl,e famtly lotS. __ SUBMISSION RfDUIRDtENTS: (A.) Completed application form. Number (PID). (B.) Filing Fee. (C.) Parcel Identification APPLICATIONS S)[qLh BE REVIEh~D BY THE PLAN~ENG (II,fISSION. To the best of my knowledge, the information presented on this form is correct. In addition, I have read Section 7.9 of the City Zoning Ordinance which specifies the requirements for amendments. I agre~ to provide information and follow the procedures as outlined in the Ordin,an~ce.) / / // . ~ Appl icants~ Signatur~ Submitted this/_~__day of J~ ~J 19_~ ~ ~' j // $ ignature THIS SBCTION TO BE FILLED OUT BY THE P~2%NNI~13 DIREETOR PI2tNNI~ COMMISSION APPROv7~ DENIED HFARING ODNDITIONS'. Signature of the Planning Director Date HERITAGE COMMUNITY 1891 1991 "C P 92 PN" CITY OF PRIOR LAKE NOTICE OF PROPOSED COMPREHENSIVE PLAN AMENDMENT PUBLIC HEARING Notice is hereby given that the Prior Lake Planning Commission will hold a public hearing in the City Council Chambers at 4629 Dakota Street S.E. on Thursday, February 20, 1992 at 7:30 p.m. The purpose of the public hearing is to consider an application from Warren J. Israelson of Progress Land Company, Inc., to amend the city of Prior Lake Comprehensive Land Use Plan. The applicant requests that the following generally described property be re-designated from Industrial, Agricultural, and Public Open Space Land Use to Low Density Residential Land Use. The properties total 97 acres and are generally described as follows: AGRICULTURAL: Approximately six acres lying directly adjacent to and east of County Road 21 and directly adjacent to and west of the abandoned Chicago-Milwaukee railroad right-of-way. This 200 X 1400 foot strip of land is located one half mile south of the intersection County Road 42 and County Road 21. PUBLIC OPEN SPACE: Approximately three acres of land consisting of the abandoned Chicago-Milwaukee railroad right-of-way. This site is a narrow strip of land measuring about 100 X 1400 feet and lying one half mile south of the intersection of County Road 42 and County Road 21 and about 200 feet east of the County Road 21. INDUSTRIAL: The industrial designation consists of about 85 acres of land east of County Road 21 and one half mile south of the intersection of County Road 21 and County Road 42. For a detailed description and maps of the above described land, contact the Prior Lake Planning Department at 447-4230. Deborah Ann Garross Assistant city Planner City of Prior Lake To be published in the Prior Lake American on Monday, February 10 and February 17, 1992. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 a~pli~t~ P..rogress ,Lend Company,, I.nc.. ........ /~kl~ess: ... 14300 Ntcollet P~rty ~er: prQqress Land__Comoany,. IgC.~o~: 435-2115 ~ess~ ............. ~lt~t~ , gamin ......... .. ~ . ess: , Ix~.ation of propose~l rezoning.,East.of County Road ?lu Y, Mile Snuth nf Cnunty Present Zoning.. Industrial .... Proposed Zoning: Residential Property Acreage ~isting use to ~ rezoned: 96 Acres of Pro~rty: Agriculture Intended use(m)of property: Subdivide in~:o sinole family lots. Re~o~ for lk~luest: Tg~llow subdlvl_slon_Jn~t_o sinale_.familv lp}_s. Roa( 4~ Deed Restrictions: X No Yes If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: X No Yes What was recNested: Sa, me Request - When:, 1989" ~SSION RBOUI~: (A)Ccmplete application form. (B) Om~lete legal description & Property Identification Number (PID). (C) Filing fee. iD)Deed restrictions, if necessary. (E)Fifteen copies of a site plan drewn to scale showing existing and proposed structures, lot boundaries, foliage and topography on site and within three hundred (300) feet of the property, iF)Soil tests, if pertinent. (G)Certified from abstract firm the names and addresses of property owners within 300 feet of the exterior of the property lines of the subject property. ONLY COMPLETE APF~ICATIONS WILL BE REVI~D BY THE PLANNING (I)MMISSION. · o the best of my the information presented on this form is correct. In addition, I have read Section 7.9 of the Prior Lake Zoning Ordinance which specifies requirements for rezoning procedures. I agree to provide information and follcm the proce~lures as out~ined':in the Ordinance. THIS S~2TION TO BE FILLED IN BY THE ~ DI~ PLANNING (DMMISSIGN CITY ~IL · DATE OF HFARING DATE OF HSARI~ Signature of the Planning Director Date HERITAGE COMMUNITY 1891 1991 "RZ92PN" CITY OF PRIOR LAKE NOTICE OF PROPOSED REZONING PUBLIC HEARING Notice is hereby given that the prior Lake Planning Commission will hold a public hearing in the City Council Chambers at 4629 Dakota Street S.E. on Thursday, February 20, 1992 at 7:30 p.m. The purpose of the public hearing is to consider an application from Warren J. Israelson of Progress Land Company, Inc., to rezone the following legally described property from I-1 Special Industrial and C-1 Conservation to R-1 Urban Residential. LEGAL DESCRIPTION OF LAND CURRENTLY ZONED I-1 SPECIAL INDUSTRIAL: That part of the Southwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, and that part of the now abandoned Chicago, Milwaukee and St. Paul railroad right-of-way described as follows: Commencing at the most northerly corner of Lot 9, Kopp's Bay Addition, Scott County, Minnesota; thence southwesterly along the northwesterly line of said Lot 9, a distance of 50.00 feet to the angle point on said Lot 9; thence on an assumed bearing of the North 60 degrees 21 minutes 18 seconds West a distance of 50.6 feet more or less to the northwesterly right-of-way line of Lila Lane as platted; thence continuing North 60 degrees 21 minutes 18 seconds West a distance of 256.68 feet thence North 22 degrees 53 minutes 50 seconds East a distance of 570.00 feet; thence North 48 degrees 18 minutes 02 seconds East a distance of 615.93 feet; thence North 66 degrees 43 minutes 00 seconds West a distance of 195.04 feet; thence North 67 degrees 19 minutes 18 seconds East a distance of 731.50 feet to the point of beginning of the land to be described; thence continuing North 67 degrees 19 minutes 18 seconds East a distance of 250.04 feet more or less to the east line of said Southwest Quarter; thence northerly along said east line of the Southwest Quarter to the northeast corner; thence westerly along the north line of said Southwest Quarter a distance of 2287.00 feet; thence South 7 degrees 00 minutes 00 seconds West a distance of 610.00 feet; thence southerly to a point on the north line of Raspberry Ridge, Scott County, Minnesota distant 560.00 feet easterly of the northwest corner of said Raspberry Ridge; thence easterly along the north line of said plat of Raspberry Ridge a distance of 690.00 feet; thence 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 northerly perpendicular to the north line of said Raspberry Ridge a distance of 140.00 feet; thence easterly to the point of beginning. AND Outlot A, Raspberry Ridge LEGAL DESCRIPTION OF LAND CURRENTLY ZONED C-1 CONSERVATION: That part of the Southwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the most northerly corner of Lot 9, Kopp's Bay Addition, Scott County, Minnesota; thence southwesterly along the northwesterly line of said Lot 9, a distance of 50.00 feet to the angle point on said Lot 9; thence on an assumed bearing of the North 60 degrees 21 minutes 18 seconds West a distance of 50.6 feet more or less to the northwesterly right-of-way line of Lila Lane as platted; thence continuing North 60 degrees 21 minutes 18 seconds West a distance of 256.68 feet; thence North 22 degrees 53 minutes 50 seconds East a distance of 570.00 feet; thence North 48 degrees 18 minutes 02 seconds East a distance of 615.93 feet; thence North 66 degrees 43 minutes 00 seconds West a distance of 195.04 feet; thence North 67 degrees 19 minutes 18 seconds East a distance of 731.50 feet to the point of beginning of the land to be described; thence South 67 degrees 19 minutes 18 seconds West a distance of 731.50 feet to the easterly line of Raspberry Ridge, Scott county, Minnesota; thence North 01 degree 42 minutes 59 seconds West along said east line to the north line of said Raspberry Ridge; thence westerly along the north line of said Raspberry Ridge a distance of 488.41 feet; thence northerly perpendicular to the northerly line of said Raspberry Ridge a distance of 140.00 feet; thence easterly to the point of beginning. Together with that part of the Southwest Quarter of said Section 26, and that part of the now abandoned Chicago, Milwaukee and St. Paul railroad right-of-way lying northerly of Raspberry Ridge, Scott County, Minnesota, and westerly of the following described line: Commencing at the northeast corner of the Southwest Quarter of said Section 26; thence North 88 degrees 18 minutes 14 seconds West along the north line of said Southwest Quarter a distance of 2287.00 feet to the point of beginning of the line to be described; thence South 07 degrees 00 minutes 00 seconds West a distance of 610.00 feet; thence southerly to a point on the north line of said Raspberry Ridge distant 560.00 feet easterly of the northwest corner of said Raspberry Ridge and there terminating. Or more commonly described as approximately 97 acres of land located 1/2 mile southeasterly of the intersection of County Road 21 and County Road 42. If you desire to be heard in reference to this and/or oral comments will be considered by Commission. ! Deborah Ann Garross Assistant City Planner City of Prior Lake To be published in the Prior Lake American on Monday and February 17, 1992. rezoning, you should attend this public hearing. the Written Planning February 10 P HERITAGE 1891 COMMUNITY 1991 SUBJECT: APPLICANT: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT COMPREHENSIVE PLAN AMENDMENT AND REZONING WARREN J. ISREALSON, PROGRESS LAND COMPANY HORST GRASER, DIRECTOR OF PLANNING X YES NO FEBRUARY 20, 1992 SUBJECT: The Planning Department has received an application from Warren J. Israelson (the a~plicant), to amend the Land Use Plan of the Prior Lake Comprehensive Plan. In general, the applicant is requesting the change in designation from predominantly industrial to predominantly low density residential for 97 acres lying southeast of the intersection of County Road 42 and 21 (see attached zoning map for location). Specifically the applicant requests to change three of the four land use designations for the subject site on the land use plan of the Comprehensive Plan as follows: 1. six acres of agricultural to low density residential. 2. Three acres of public open space to single family residential. 3. Eighty-five acres of industrial to single family residential. The three acres of natural open space in the southeast corner of the subject site is not included in this application. For detail please refer to the attached Comprehensive Plan map. This amendment must be approved by the Metropolitan Council, however, it is considered a minor amendment with a 60 day maximum review period. The applicant has also filed a rezoning applicatign to implement the Comprehensive Plan in the event the amendment is successful. Should the Comprehensive Plan amendment fail, then the rezoning application becomes a mute issue. Either the applicant withdraws his application or the Planning Commission denies the rezoning. LAND USE DESIGNATION AND ZONING: The current Comprehensive Plan was adopted in 1981 and amended four times since then. Both the zoning and subdivision ordinance, along with the city policy statements, implement the land use plan found on the plate opposite page ~4 in the plan. The function of the zoning ordinance is to establIsh the zones recommended in the plan such as R-I, B-I, etc. Zoning also regulates and establishes minimum standards to accommodate land uses relationships in a safe and orderly way. The subdivision ordinance on the other hand regulates the relationship of parcels, lots, open spaces, roads, and parks. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 This relatiogship is formally established at the time of subdivision in accordance with the plan. It is at this time the City established its interest in the land through park dedication, wetland preservation, road dedication or any other land form or system that because of whatever existing laws must be part of the public domain. What should not happen is the zoning ordinance implement open and natural space and park land. Zoning districts do not have the necessary flexibility needed in the design and la,-out of subdivisions. However, this is what occurred early in Prior Lake's planning history. A conservation district was formed to reserve large amounts of open space, proposed park land and natural features. The amount of C-1 Conservation land is far in excess of the 10% park dedication requirement or the ability of the City to acquire the land. To implement its task of reserving land, the C-1 district has a minimum lot size of 10 acres with permitted uses such as agricultural, animal raising, marinas, camps, and cottages. It is obviously difficult however not impossible to work with the conservation district to address the objectives of the pla~. On the other hand the elimination of the C-1 district would in no way compromise the City's opportunity to implement the plan. Rather it would shorten the planning process, reduce the processing cost and eliminate a cumbersome and ineffective way of urbanizing land. SITE ANALYSIS: The subject site contains approximately 97 acres of land located 1/4 mile southeasterly of the intersection of County Road 42 and 21 and lying northerly of Raspberry Ridge Subdivision. The attached Existing Conditions Map indicates the physiography of the site. The west edge of the site is bordered by County Road 21 which is a minor arterial in the plan. Running parallel to the County Road is an abandoned 100 foot railroad right-of-way. This right-of-way is currently classified as public open space and was part of a trail system that was to connect Shakopee to Cleary Lake Park. This concept was abandoned when the right-of-way through Raspberry Ridge was converted to residential lots. Between the railroad right-of-way and County Road 21 is a long narrow strip of agricultural. It is doubtful that this strip has ever been cropped or used for any purpose related to agricultural. This strip contains a wetland, steep slopes, woods, and unstable soils. In the southeast corner of the site is a DNR protected wetland with adjacent steep slopes and considerable overstory. There are five additional wetlands throughout the site which are also protected via the recent State -- , !! of Minnesota s No Net Loss Wetlands Act". The rest of the site slopes predominately from the south to north and is currently cropped. COMPREHENSIVE PLAN REFERENCES: The Comprehensive Plan contains specifically address the subject site. policy statements which POLICY 9: To preserve employment opportunities for future development, approximately 280 acres has been reserved for a high amenity industrial office park at the intersection of County Roads 21 & 42. The Comprehensive Plan indicates that this site will not likely be available for development until after the year 1990. Situgted at the intersection of County 21 and 42, this site is comprised of rolling agricultural land. This site is viewed by the City as an industrial land reserve which may offer em?loyment opportunities to future residents. It will become a special area designed to accommodate research and testing laboratories, offices, light manufacturing and wholesaling. In addition, Policy 10 indicates that the City Council and Chamber of Commerce will work together on a program focused upon the industrial potential of Prior Lake. In 1987, the Prior Lake 2000 Committee surveyed community members as to their industrial development preference. A majority of survey respondents indicated overwhelming support for the promotion of industrial development within Prior Lake. PREVIOUS PROPOSALS: In 1989, Mr. Israelson applied for a Comprehensive Plan amendment and rezoning for the same site for a residential development. The City Council eventually denied the application citing that industrial development is a critical part of Prior Lake's future. The Council did however at Mr. Israelson's request, commission a study to determine the location of the best industrial sites in Prior Lake. In summary, the study identified five potential sites. The subject site and Vierling property to the north were not included in the list. The City Council, Planning Commission, and Economic Development Committee were involved in the review process. The current industrial site development program is based on the findings of the study. However, the implementation of the industrial study report was to be incorporated in the revised Comprehensive Plan which is currently near completion. STAFF ANALYSIS: The subject site is part of the urban service area with both sewer and water available in raspberry Ridge to the south. The physiography is a desirable amenity for residential but costly for industrial. This site together with 160 acre Vier%lng farm to the north have been identified as residential ina study previously approved. Industrial development will be pursued adjacent to County Road 21 in the southeast corner of Prior Lake and northwest of the intersection of County Road 42 and 18. It is important to remember that this amendment is developer driven, the timing of which is not conducive to the completion of the revision of the Comprehensive Plan. However, this amendment is consistent with the direction of the Council and the proposed land use plan. The existing conditions map reveals several important natural features which will be protected via existing olicies of the plan. A north south trail system has also been dentified to connect an east-west trail system through Raspberry Ridge Park to the future commercial site at County Road 21 and 42. The wetland and adjacent overstory in the southeast corner of the site is a neighborhood identifying feature and should be public with considerable opportunity for viewing and access. The other five wetlands in the site should be preserved through good design and their value shared with the entire neighborhood. RECOMMENDATION: Staff recommends approval of the ~etition to amend the Comprehensive Plan for the reference site from industrial to low density residential since; The amendment is consistent with an adopted industrial land strategy previously approved by the city Council. And including the following conditions in the amendment; Change the land use map from industrial to residential. low density Incorporate a trail system from the natural feature in the southeast to the north and south thereby connecting a future retail area to the north and an east-west trail system to the south. e Make the existing conditions map an interim adendum to the development constraints plate in the plan. Staff further recommends approval of the rezoning as applied for since it is consistent with the Comprehensive Plan. Z C.R. 21 February 18, 1992 AGEA;DA lTlc){ 8 (a) ATTAGHMENT Metropolitan e' Control Commission Mears Park Centre, 230 E~}t~-4tq~~t. Paul, Minnesota 55101 ~" k' ~ 2 0 i:,~g 612 222-8423 To Elected Officials, City Managers and Staff, and Suburban Rate Authority Representatives= The Metropolitan Waste Control Com~ssion (NNCC) has scheduled meetings in the community for the purpose of receiving input to MWCC's budget from system users. The schedule for ~ ~ is listed below. On behalf of the Board of Commissioners, we invite your participation at these meetings. We encourage Mayors to extend this invitation to City Councilmembers, and ask City Managers to invite appropriate staff members. Industrial users of the MNCC system wi11 be invited to attend the March 5 meeting in Maplewood. March 5 (Thursday) 7s30-9:30 a.m. Day's Inn - Maplewood (X-694 andWhite Bear Ave. - south to County Road D - west on D) Mazc~ s (friday) 7:30-9:30 a.m. Drover's Inn - So. St. PauX (I-494 & Con~o~d) Marsh 16 (Monday) S:00 - 7:00 p.m. C~Tstal City H ali - Ce--,nityRoo~ (~o~kford Road and Douglas Drive) ](&Lab 19 (Thursday) 5:00 - ?:00 p.m. Hopkins City ILull - ltaspberFy Room (1010 18t St. 8~ - one bLoak s~ of Main Street) In late May or early June, we will schedule additional meetings to present the 1993 MWCC Draft Budget. Comments from both the March end May meetings ~ill be taken into consideration in finalizing the 1993 MWCC Operating and Capital Budget. The 1993 budget is s~_heduled to be d~scu~sed further at · public hearing in June and scheduled to appear for approval on the ~uly 1992 MWCC Board of Co--~ssioners meeting agenda. We appreciate your input. To place your reservation for one of these meetings, call Eunice at 229-2100. ~ncer_ely, . Charles R. Weaver Chair Equal Opportunity/Affirmative Action Employer BUILDI~ INSPECTOR SERVICBS FOR TH~ CITIES OF PRIOR L~KE AND SAVAGE, I~Ih'~SOTA JOINT POWERS A~REF, MENT '£H~S AGREEKENT made this day of PRIOR LAKE and CITY OF SAVAdE, 'MINNESOTA. , 1992, between the CITY WHEREAS, the cities of Prior Lake and Savage are Minnesota municipal corporations duly organized and licensed under the laws of the State of Minnesota; and WHEREAS, each of the cities desires to provide timely building inspec- services for new construction within its area; and WHEREAS, the cities of Prior Lake and Savage have historically had a long and positive working relationship. The sharing of building inspection servi:es provides the cities with an unique opportunity to work together, exchange ldea~ and control government spending; and ~REAS, colt~ining the efforts of each city's 8ui. l.ding Inspection Department, through the Minnesota Join~ Powers Act (M.S.A. S471.59), will allow the cities to continue to provide adequate services during periods of vacation, sickness or other absences by Building Inspectors. ROW, THEREFORE, the parties agree as follows: 1. The parties jointly approve allowing the sharing of Building Inspectors when one city or the other has a need based upon demand for inspections and/or a temporary reduction in its Building Inspection sta£~. 2. Each city shall pay to the other an hourly sum in exchange for services provided by the other's employee. This sum shall be sufficient to compensate for all salary and benefits. Mileage shall be paid upon request, individually, by the benefitting city to the employee providing such services. 3. All paper work regarding permits shall be petrol%ed by the city in which the inspection occurred. 4. Each city shall provide the other with time sheets detailing time spent by the "loaned" employee. These time sheets will be ~orwarded to each city on a bi-weekly basis. 5. Each city in which inspection services have been provided agrees to hold harmless the other city and its agents, officers and employees for an}' action directly relating to the provision of those building inspection sorvices, assuming the Building Inspector is acting in a manner reasonably consistent with the duties normally described in that individual's ~ob description. 6. Each city providing an employee to the other city agrees to hold harmless %he city to which the employee was lent for any work-related injury of tho employee, which shall be covered by Worker's Compensation insurance by the city in which the Building Inspector is a Zull-time employee. BUILDING INSPKCTION SK~VIC~S FOR ?HE CI71E$ OF PRIORLAKE AND SAVAGE, MINNESO?A JOIR? of 2 CITY OF PRIOR LAKE CITY OF SAVAGE Its Mayor Its Mayor ATTEST~ ATTEST~ Its City Manager Its City Administrator STATE OF MINNESOTA) (ss COUNTY OF SCOTT ) On this day of , 1992, before me a Notary Public within and for said County, personally appeared and , to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the CITX OF PRIOR LAKE, the municipality named in the foregoing instrument, and was signed in behalf of said municipality by authority of its City Council, and said Mayor and City Manager acknowledgeo said instrument to Du the free act and deed of said municipality. (SEAL) Notary Public STATE OF MINNESOTA) (ss COUNT~ OF SCOTT ) On this __ day of , 1992, before me a Notary Public within and for' said County, personally appeared _, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City A~inistrator of the CITY OF SAVAGE, the municipality n~a~d in the foregoing instrument, and was signed in behalf of said municipa~it~ by authority of its City Council, and said Mayor and City Manager acknowledged said instrument to be ~he free act and deed of sa~d municipality. (SEA ) Notary Public BLDG-PLK.AGM (02/27/92) A Proclamation National Middle LeVel Education Week March 15-21, 1992 Whereas, middle level education has a special and unique function in the nation's educational system, and Whereas, early adolescents are undergoing dramatic physical, social, emotional, and intellectual growth, and are especially vulnerable, and Whereas, the habits and values established during early adolescence have critical, life-long influence, and Whereas, this influence impacts directly on the future health and welfare of our nation, and Whereas, an adequate public understanding of the distinctive mission of the middle level school is necessary for that mission to succeed, Therefore, be it ResolVed, that the week of March 15-21, 1992, be declared NATIONAL MIDDLE LEVEL EDUCATION WEEK, and that the public be afforded special opportunities to visit middle level schools and participate in programs that focus on the nature of early adolescents and celebrate the ways in which our nation's schools respond to their needs and to the needs of the nation. Acting Mayor March 2, 1992