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Home My WebLink AboutApril 20, 1992HERITAGE COMMUNITY 1891 1991 6:30 p.m. Liquor Committee Meeting CALL TO ORDER 1. 2. 3. REGULAR COUNCIL MEETING AGENDA Monday, April 20, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting 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 Temporary 3.2 Beer Permit for Men's Softball Association f) Consider Approval of Registered Land Survey for Ramona Hennen g) Consider Approval of Simpson-Gelhaye Settlement Agreement h) Consider Approval of Resolution 92-15: Proposal to Form Development District No. 2 i) Consider Approval of Resolution 92-16: Resolution Recognizing Margaret O'Keefe for Receiving an ACCW Lay Women Volunteer Award j) Consider Approval of Arbor Day Proclamation k) Consider Approval of Resolution 92-17: Resolution Proclaiming the Week of May 1-7, 1992 as "Respect For Law" Week 1) Consider Approval of Treasurer's Report Presentation of Donation from Girl Scout Troop 337 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ® e e 10. 11. 12. Pre~entatlon from ~elatlons Policy Staff on Consider DNR Amendments Ordinance 92-01 to Customer/Employee Eurasian Milfoil Consider Final Plat and Developer's Agreement Woodridge Estates First Addition for Consider Off Application of Enterprises, Inc. Sale Liquor License Transfer Thomas Kowalsky, Kowalsky Consider Liquor License Applications Armit, O'Malley's On Main of Shelby Consider Resolution 92-13: Resolution Approving the 1992 Lawful Gambling License for the Premise of O'Malley's On Main Discuss Status of County Road 21 Corridor Projects: ae Centennial Plaza Fountain Heritage Park Consider Parks Advisory Committee Recommendation to Proceed with Final Grant Application for McDonald Property 13. Other Business a) b) Request for ideas on Volunteer Appreciation Ceremony City Arbor Day Celebration, Friday, April 24, 5:00 - 7:00 p.m. *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. HERITAGE COMMUNITY 1891 1991 6:30 p.m. Liquor Committee Meeting. The purpose of the meeting is to discuss and make a recommendation to the City Council on the O'Malley's On Main Liquor License Applications. CALL TO ORDER 1. 2. 3. REGULAR COUNCIL MEETING AGENDA REPORT Monday, April 20, 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) Consider Approval of Animal Warden Report - see attached. c) Consider Approval of Building Report - see attached. d) Consider Approval of Fire and Rescue Report - see attached. e) Consider Approval of Temporary 3.2 Beer Permit for Men's Softball Association. Enclosed please find a copy of a letter from Kevin Hafermann and a memorandum from Laurie Davis, License Clerk. City staff recommends as part of the Consent Agenda approval of a Temporary 3.2 Beer Permit for the Men's Softball Association for Saturday, May 2 and Sunday, May 3, 1992. The appropriate fee has been paid by the Men's Softball Association for the permit. f) Consider Approval of Registered Land Survey for Ramona Hennen - see attached staff report. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax 612) '447-4245 g) h) Consider Approval of Simpson-Gelhaye Settlement Agreement - see attached report. staff Consider Approval of Resolution 92-15: Proposal to Form Development District No. 2 see attached staff report. i) Consider Approval of Resolution 92-16: Resolution recognizing Margaret O'Keefe for receiving an ACCW Lay Women Volunteer Award. Mayor Andren has requested that staff prepare a Resolution recognl'zing Margaret O'Keefe for receiving an ACCW Lay Women Volunteer Award. Enclosed please find correspondence relating to the Resolution. Mayor Andren has been invited to attend the ceremony in honor of Margaret's accomplishments and would present the Resolution at the ceremony on May 4. Motion as part of the Consent Agenda to approve Resolution 92-16 is in order. J) Consider Approval of Arbor Day Proclamation. Mayor Andren will be presiding over several Arbor Day celebrations and will be reading a Proclamation to establish Friday, April 24, 1992 as Arbor Day. This Proclamation will be read at Westwood and Five Hawks Elementary Schools and at the City Hall ceremony. Please see attached Motion as part of approve the Arbor order. Arbor Day Proclamation. the Consent Agenda to Day Proclamation is in k) Consider Approval of Resolution 92-17: Resolution Proclaiming the Week of May 1-7, 1992 as "Respect for "Law" Week. The Optimist Club has reguested the City Council to adopt a Resolution in support of the "Respect for Law" Week. Enclosed please find a copy of Resolution 92-17. A similar Resolution was adopted on April 15, 1991. Motion as part of the Consent Agenda to adopt Resolution 92-17 is in order. 1) Consider Approval of Treasurer's Report - see attached. Presentation of Donation from Girl Scout Troop #337. Pam Whitemore of the Prior Lake Girl Scouts will be representing Troop #337 in making a presentation of a check to the City of Prior Lake to purchase trees. The Girl Scouts have adopted Willows, Sunset Hills, Fish Point, Raspberry Ridge, 2 0 o 10. 11. Sand Point, and Oakland Beach neighborhood parks. They will be planting trees, flowers, and shrubs in some of the parks, and they are committing themselves to picking up litter and keeping the parks clean. Several troops have collected aluminum cans and have sold them to get money to buy trees. They approached staff about purchasing trees for the parks as a scouting project. Motion to accept the donation from Girl Scout Troop #337 is in order. Presentation from Staff on Customer/Employee Relations Policy - see attached staff report. Consider DNR Amendments to Eurasian Milfoil Ordinance 92-01 - see attached staff report. Consider Final Plat and Developer's Agreement for Woodridge Estates First Addition - see attached staff report. Consider Off Sale Liquor License Transfer Application of Thomas Kowalsky, Kowalsky Enterprises, Inc. - see attached staff report. Consider Liquor License Armit, O'Malley's On Main report. Applications of Shelby - see attached staff Consider Resolution 92-13: Resolution Approving the 1992 Lawful Gambling License for the Premise of O'Malley's On Main Enclosed please find a copy of Resolution 92-13 a~d a premise permit application completed by the Prior Lake Lions Club. The Lions Club is requesting permission to conduct lawful gambling at O'Malley's On Main. This agenda item is scheduled after the consideration of the liquor license applications of Shelby Armit. If the liquor license applications of Shelby Armit are not approved by the Prior Lake City Council or tabled for whatever reason, this agenda item should be withdrawn or continued until such time that the Armit application is acted upon. If the Armit Liquor Applications are approved, then this agenda item can proceed as scheduled. The application has been received and processed by City staff, city staff recommends approval of Resolution 92-13, subject to Agenda item #9. Discuss Status of County Road 21 Corridor Projects - see attached staff reports. ae Centennial Plaza Fountain Heritage Park 12. Consider Parks Advisory Committee Recommendation to Proceed with Final Grant Application for McDonald Property - see attached staff report. 13. Other Business a) b) Request for ideas on Volunteer Appreciation Ceremony. Staff is looking for in~ut regarding the 1992 Volunteer Appreciation Events. In 1990, the City hosted a short ceremony in front of City Hall. In 1991, the City held an informal picnic in the Memorial Park Pavilion. Staff believes the informal outings work better, but would defer this to the Council for alternative ideas. Please consider ideas prior to the Council meeting on the 1992 volunteer appreciation event(s). City Arbor Day Celebration, Friday, April 24, 5:00 - 7:00 p.m. - There will be a social and picnic at City Hall from 5:00 - 6:00 p.m. At 6:00 p.m. Mayor Andren will read the Proclamation with tree planting to follow. All Councilmembers are invited to attend. *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4 HERITAGE COMMUNITY 1891 1991 MINUTES OF THE CITY COUNCIL April 6, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, April 6, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, Director of Public Works Anderson, City Attorney Kessel and Recording Secretary Jaspers. Councilmember Fitzgerald was absent due to being ill. Mayor Andren called the meeting to order and asked rise for the pledge of allegiance. everyone to The minutes of the March 16, 1992 Council meeting were reviewed by Council. Mayor Andren stated that under Other Business, Consent Agenda item H was discussed and by unanimous consent approved by the Council. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE MARCH 16, 1992 COUNCIL MINUTES AS AMENDED. Upon a vote taken, ayes by Andren, Kedrowski, the motion carried. Scott and White, The next order of business was approval of the Consent Agenda as follows: b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of New MVTA Representative Consider Approval of LELS Contract Agreement Consider Approval of Temporary Beer Permit of St. Michael Aprilfest for Church MOTION MADE BY WHITE, AGENDA ITEMS (a) THRU (d). Note: Councilmember Kedrowski abstained on Item (b). Upon a vote taken, ayes by Andren, Kedrowski, Scott the motion passed unanimously. SECONDED BY SCOTT, TO APPROVE THE CONSENT and White, 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Minutes of The Prior Lake City Council April 6, 1992 There was no additional comments from the public and no written comments were received. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE OWNERSHIP TRANSFER FROM STAR CABLE TO D.D. CABLE PARTNERS, L.P. SUBJECT TO THE FOLLOWING CONDITIONS: FRANCHISE FEE TO BE INCREASED FROM 3% TO 5% WITH A TERM EXTENSION OF 5 YEARS FROM THE CURRENT FRANCHISE EXPIRATION DATE OF 1997 TO DECEMBER 31, 2002. CONSIDERATION BE GIVEN TO A RATE TIERING BASIC CABLE SERVICE (AS ADDRESSED IN ROZELLE M~CH 25, 1992). SYSTEM FOR LETTER OF REGIONAL CHANNEL 6 WILL BE ACTIVATED AND CURRENT CABLE CONFIGURATION PROVIDED NO NECESSARY TO MAKE THE SERVICE AVAILABLE. ADDED TO OUR TOWER WILL BE CONTINGENT UPON D.D. CABLE PARTNERS BEING THE OWNER, A LOCAL OFFICE (SAVAGE OR PRIOR LAKE) WILL BE ESTABLISHED AND AVAILABLE TO RESIDENTS DURING USUAL BUSINESS HOURS AS INDICATED ON THE MRI. 5. NEW OWNERS COMPLY WITH THE EXISTING FRANCHISE AGREEMENT. 6. STAR MIDWEST IS ENTITLED TO RELY ON THE APRIL 6, 1992 COUNCIL ACTION FOR THE PURPOSE OF CLOSING. 7. STAFF WILL PREPARE THIS MOTION IN RESOLUTION FORM FOR FILING PURPOSES. (CITY MANAGER'S NOTE: SEE RESOLUTION 92-14). Upon a vote taken, ayes by Andren, Kedrowski, the motion carried. Scott and White, MOTION MADE BY SCOTT, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Kedrowski, the motion carried. Scott and White, The meeting adjourned for 5 minutes for the purpose of going into a closed session to discuss a pending litigation. Mayor Andren reconvened the Council Meeting at 9:20 p.m. The next order of business was: Closed Session: Pending Litigation of Developer's Failure to Repair Street in Raspberry Ridge Subdivision. Those present at the closed session were: Mayor Andren, Councilmembers White, Scott, Kedrowski, City Manager Unmacht, City Attorney Kessel, City Engineer Anderson, and Recording Secretary Jaspers. 3 Minutes of The Prior Lake City Council April 6, 1992 Discussion followed. The next Council meeting will be Monday, April 20, 1992 p.m. There being no p.m. by general at 7:30 further business, the meetQng adjourne~at 9:45 consent of the Council. / -~ ~/~ ~ Ci~ Manager . AngolA Jaspers U Receding S~cretary 4 THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. APRIL 21, 1992 MISC. DEPTS. Blue Cross Blue Shield Delta Dental Guarantee Mutual Life League Insurance Trust Xerox Corp. Snyder Drug CarQuest Auto Parts NAPA Auto Parts C.H. Carpenter Lumber Co. R-Own Office Supply Carlson Hardware Coast to Coast Scott Rice Telephone Postmaster Shiely Co. Prior Lake Aggregate Minnegasco. Shakopee Public Utilities MN Valley Electric Insurance Insurance Insurance Insurance Copier Supplies Supplies Supplies Supplies Supplies Supplies Supplies Supplies Telephone Service Postage Sand & Gravel Sand & Gravel Utilities Utilities Utilities 8,806.96 1,204.00 458.20 17,062.25 618.00 76.47 394.22 338.15 93.20 27.00 168.34 227.57 1,274.28 608.54 1,464.24 554.08 693.12 78.00 1,809.27 GENERAL GOVERNMENT Gene White MN Mayor's Assn. Lakeville Publishing Southwest Suburban Publishing Prior Lake American Dave Unmacht Joe Adams Marketing Focus 10,000 City & State Minnesota Bookstore Teri Jo's Floral R-Own Office Supply Petty Cash Consolidated Typewriter Copy Equipment Inc. Lommen Nelson Cole Bernick & Lifson Wes Green Franz Engineering Deb Garross Rita Schewe Xerox American Planning Assn. Big Sky Data Systems Command Computer Corp. Modern Computer Systems Sprint MinnComm Paging American Linen Supply R & R Carpet Service Smokeeter of MN Bob's Personal Coffee Service Xerox Corp. Meeting Expenses Dues Classified Ad Classified Ad Publishing Meeting Expenses Wavelength Subscription Subscription Publication Plant Supplies Postage & Supplies Supplies Supplies Attorney Fees Attorney Fees Refund/Vacation Appl. Maps Mileage & Supplies Meeting Expense Copier Maint. Contract Publications Software Update Software Update Hardware Maintenance Telephone Service Pager Rental Building Maintenance Building Maintenance Building Maintenance Coffee Service Copier Supplies 352.65 10.00 77.76 72.00 766.66 170.70 1,310.00 15.00 30.00 18.00 26.00 224.26 71.47 5.00 78.54 5,772.00 3,587.25 100.00 945.50 82.34 18.10 39.25 141.00 650.00 240.00 202.00 183.92 14.85 74.41 68.00 47.00 137.72 1,002.50 CONTINGENCY Steven Jarmes Address Change 50.00 PUBLIC SAFETY Manpower Inc. Creative Graphics R-Own Office Supply Noll's Hallmark Shop Trail TV & Radio Shack MinnComm Paging Radermacher's Super Valu LeRoy Rabenort Minnesota CLE Normandale Community College CSC Credit Service Shakopee Towing K.K. Towing Kwik Kare Auto Service Xerox Corp. POST Board Chris Olson Fred Bock Teri-Jo's Floral DARE America Temporary Help Printed Supplies Supplies Photo Finishing Supplies Pager Rental Meet%ng Expense Meeting Expense Training Training Credit Checks Vehicle Maintenance Vehicle Maintenance Vehicle Maintenance copier Maint. Contract License Renewal Education Reimbursement Education Reimbursement Floral Arrangement DARE Supplies 123.12 11.85 6.77 101.49 180.00 133.65 42.06 11.50 300.00 20.00 5.05 40.00 140.00 188.95 39.25 60.00 950.00 412.10 30.00 113.43 FIRE & SAFETY Reynolds Welding R-Own Office Supply Scott Co. Education Service American Heart Assn. MN Ambulance Assn. Bauer Built First Ave. Cleaners Mail Stop & Office Products Minnesota Conway Supplies Supplies Training Training Dues Vehicle Repairs Cleaning UPS Charge Cap. Outlay-Equipment 78.90 39.74 130.00 20.00 166.00 20.00 14.60 6.98 3,730.00 BUILDING INSPECTION Shakopee KC Council 1685 MN State Treasurer GAry Staber Jay Scherer Builders Meeting Bldg. Permit Surcharges Meeting Expense Education Reimbursement 449.62 1,188.05 40.00 142.75 CIVIL DEFENSE Electric Service Co. Siren Repair 777.98 ANIMAL CONTROL Robert McAllister Animal Warden 463.12 PUBLIC WORKS Wally's World of Printing R-Own Office Supply FAO, US Army TKDA American Public Works Assn. City Eng. Assn. of MN MN Transportation Alliance Gillund Enterprises MacQueen Equ%pment MinnComm Paging Art Johnson Trucking Dept. of Natural Resources PARK AND RECREATION Nancy Thompson Pauline Nelson Beth O'Meara Kris Thompson Target Radermacher's Super Valu U. S. Toy Co. R-Own Office Supply Greg Larson Sports Prior Lake Charter Service Old Log Theater Valley Fair Group Sales Prior Place Lanes Triarco Vanguard Crafts Prchal Candy Co. Diane Wikstrom Lisa Conlin Prior Lake American R-Own Office Supply Toll Co. Lano Equipment Steve Tupy's Tire Service Tile World Midwest Tire & Steel Prod. Merle White Midwest Fence & Mfg. Co. J. R. Johnson Supply Sears Westwood Professional Serv. Judy Pint Nancy McGill Glenwood Inglewood Metro South Lindsay Mahowald Motors Monnens Supply Printed Supplies Small Tools & Equipment Publication Engineering Fees Dues Dues Dues Shop Supplies Repair Supplies Pager Rental Equipment Rental Permit Fee Park Program Refund Park Program Refund Park Program Refund Park Program Refund Dance Supplies Dance Supplies Dance Supplies Dance Supplies Supplies Bus Charters Park Program Park Program Park Program Park Program Supplies Park Program Supplies Park Program Supplies Park Program Instructor Park Program Instructor Brochure Inserts Supplies Shop Supplies Supplies Tires Repair Supplies Bldg. Maint. Supplies Reimb. for Supplies Maint. Supplies Maint. Supplies Small Tools & Equipment Professional Services Meeting Expense Meeting Expense Building Maintenance Building Maintenance Vehicle Maintenance Vehicle Maintenance 103.40 78.75 6.50 320.91 70.00 40.00 125.00 96.76 733.06 19.50 180.00 75.O0 4.90 4.90 38.75 26.00 70.28 259.41 80.10 29.82 329.10 120.00 775.00 2,278.00 113.00 10.80 468.30 2.75 909.50 686.25 385.00 5.22 40.30 68.90 482.70 19.10 1,136.30 22.58 528.80 142.72 173.69 660.00 10.73 6.50 22.50 50.00 155.84 668.37 ECONOMIC DEVELOPMENT PL Chamber of Commerce Advertising 100.00 WATER UTILITY Commissioner of Revenue Feed Rite Controls Northern Hydraulics Leo Dom Water Products Co. U. S. West Communications Gopher State One-Call Scott County Treasurer Sales Tax Supplies Repair Supplies Relmb. for Supplies Water Meters Telephone Service State Terminal Taxes 226.75 10.00 99.00 20.13 3,427.98 40.10 70.00 508.52 SEWER UTILITY MWCC MWCC MN Conway Richard Knutson Inc. Bob Larson Tri-State Pump & Control Installment SAC Charges Repair Supplies Repairs Repairs Lift Station Repairs 41,001.00 5,544.00 40.00 921.25 135.00 359.19 EQUIPMENT CERTIFICATES Abra Auto Body Repairs 414.40 PRIOR LAKE CONSTRUCTION FUND TKDA Woodridge Dev. Partnership Engineering Services City Costs 86.36 5,772.00 DEBT SERVICE Norwest Bank Minnesota Debt Service 6,635.00 TRUNK RESERVE Woodridge Dev. Partnership City Costs 98,105.00 DOG CATCHERS MONTHLY REPORT TOTAL THIS MONTH I~Z_XI~AR Number of dogs pleked up Number of hours within Prior Lake aro& Number of unelalmed dogs , , 7 Reimbursement to City *Include current month's total CITY OF PRIOR LAKE S~.,,~ry of Building Permits Issued Month of MARC~ 1992 No. of Declared No. of No. of Declared Permits Value Permits P~rmit_s .Value ~ ~ ~0 Date Single Family Dwellings 8 Other Dwellings (No. of Units 0 0 Dwelling Units Removed .0 0 Net Change+ 8 Residential Garages 0 Indust r iai-Co, me rcial 0 Structures other than buildings 1 ~ditions, Alterations 1. Residential 12 2. Industrial and Commercial 0 Mechanical Permits 8 761,199.76 10 0 0 0 0 0 0 0 1 2,500.00 0 69,390.20 7 0 1 19,095.00 0 808,252.22 0 0 0 65,000.00 0 58,948.00 30,000.00 19 0 1 1 0 1 25 3 13 Total 29 to/~33,988.38 849,684.96 19 962,200.22 62 ~'IF_t~,!'?HLv' F'..'~,' CtEL':Ek 0.31, ' " '~ /,)4, ~ 0o/.)8/9~ 1525 05/07/92 0~/07/~2 10~0 05/07I~2 0850 05/07/~2 2140 05/07/~2 2250 051071~2 2510 05/08/~2 0200 05/08/~2 1050 05/08/~2 171~ 05/0~/92 0~20 05/10/92 1732 05/11/92 1700 05/15/92 1936 05/14/92 0534 05/1~/~2 0510 05/14/92 1432 05/14/92 18~ 05/15/92 1550 05/15/92 1618 05/15/92 1751 05/16/92 0820 05/16/92 1247 05/17/92 1738 05/19/92 0730 05/~ z0/9~ 1510 05/20/92 1600 03/20/92 2255552 05/21/92 1500 (-~/~t~ ...... ~.--~ 0~(. 7 05/2bI~2 0400 05/21/92 1739 05/2~/92 1519 ...... . : · 0~/27/~2 ~745 ~ ~ ~ ~(')~ ~ .... /~7/~ ~ ..... 03/05/92 1225 PRIOR LAKE ~'RIOR LAKiE F'RIOR LAKE SPRING LAKE F'R I OR' LA~,:'E F'RIOR LAKE ~'rk I OR PRIOR LAKE F'RIOR LAKE CREDIT RIVER PRIOR LAKE PRIOR LAKE PRIOR LAKE CREDIT RIVER CREDIT RIVER SPRIN~ LAKE SPRING LAKE F'RIOR LAKE PRIOR LAKE F'RIOR LAKE F'RIOR LAKE PRIOR LAKE RRIOR LAKE PRIOR LAKE PRIOR LAKE CREDIT RIVER PRIOR LAKE F'RIOR LAKE PRIOR LAKE SPRING LAKE CREDIT RIVER PR I OR LAKE PRIOR LAKE SPRING LAKE F'RIOR LAKE PRIOR LAKE CREDIT RIVER F'RIOR LAKE SPRING LAKE ~'RIQR LAKE PRI OR LAKE F'RIOR LAKE CREDIT RIVER PIRE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL FIRE 10/52 MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL FIRE 10/52 MEDICAL MEDICAL FIRE FIRE MEDICAL FIRE MEDICAL FIRE MEDICAL MEDICAL MEDICAL MEDICAL FIRE MEDICAL FIRE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL FIRE MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL MEDICAL FIRE 10/52 FIRE CAR FIRE OUT ON ARRIVAL TRANSRORT ONE TO RIDGES TRANSPORT ONE TO ST. FRANCIS ~RANoFuR E~ 542 .... n ~ ~ NO TRANSF'OR~ TRANSPORT ONE TO RIDGES FIRE ALARM CANCELLED TRANSPORT ONE TO ST. FRANCIS NO TRANSPORT TRANSPORT ONE TO ST. FRANCIS NO TRANSPORT 542 TRANSF'ORTED BROKEN GAS LINE CANCELLED TRANSPORT ONE TO ST. FRANCIS 542 TRANSPORTED BARN FIRE~ MUTUAL AID FROM CHECK FIRE & MOF' UF' TRANSPORT ONE TO RIDGES SMOKE IN BASEMENT 542 TRANSPORTED TRUCK FIRE OUT ON ARRIVAL NO TRANSPORT 542 TRANSPORTED 542 TRANSPORTED 542 TRANSPORTED CHIMNEY FIRE TRANSPORT ONE TO ST. FRANCIS FIRE ALARM, CANCELLED TRANSPORT ONE TO ST. FRANCIS 542 TRANSF'ORTED 542 TRANSF'ORTED TRANSPORT ONE TO. RIDGES 542 TRANSF'ORTED 542 TRANSPORTED CAR FIRE TRANSPORT ONE TO ST. FRANCIS 542 TRANSPORTED CANCELLED TRANSPORTED ONE TO RIDGES 542 TRANSPORTED TRANSPORTED ONE TO RIDGES NO TRANSF'ORT CAR FIRE TRANSPORT ONE TO RIDGES CAR FIRE F'RIOR LAt~E FIRE DEiF'~RTrlENT MONTHLY RUN ~'~-VIE>J DATE 05131192 05 / .'-'~, 1 / 92 TIME 1511 C ]' T'.;,/TOW~JSH I F' PRIOR LAKE PRIOR LAKE IPJCI DE~JT '~¥':'C MEDICAL MEDICAL COMMENT? TRANSPORT ONE TO ST. ~RAN~I~ TRANSPORT ONE TO ST. ~RANCIS INTER-OFFICE MEMO TO: FROM: RE: DATE: Prior Lake City Council Laurie Davis/License Clerk Temporary3-2 Beer Permit April 20, 19 92 Attached is a letter from Kevin Hafermann, president of the Men's Softball Association in Prior Lake, requesting a temporary 3.2 beer permit for the Men's Early Bird softball tournament being held on Saturday May 2nd and Sunday May 3rd, 1992. Also attached if a receipt for the temporary license fee of $20.00 ($10.00 per day). Insurance will be through the Prior Lake Jays. April 8, 1992 TO: Prior Lake City Council FROM:Kevin Hafermann Director, Men's Softball League FOR: Permit to sell beer at the Prior Lake Men's early bird softball tournament, using the Prior Lake Jays Liquor License on May 2, 3, 1992. Thank you. Kevin Hafermann 15687 Skyline Avenue Prior Lake, MN 55372 440-4545 949-7516 (work number) "AP02CC" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 3(f) HORST GRASER, DIRECTOR OF PLANNING CONSIDER APPROVAL OF REGISTERED LAND FOR RAMONA HENNEN APRIL 20, 1992 SURVEY Ramona Hennen, the applicant, has petitioned the City Council to approve a registered land survey ( the number to be assigned upon filing with the County Registrar) in accordance with Section 6-8-1 (attached), of the Prior Lake Subdivision Ordinance. The applicant owns Outlot H, Windsong on the Lake and resides at 4143 Eau Claire Trail N.E. The proposed R.L.S. divides Outlot H into three tracts, A, B, and C. The north lot line of Lot 1, Block 3, Grainwood Heights is proposed to be realigned to be more perpendicular to Eau Claire Trail. (The change in lot line alignment is shown on proposed Tracts C and D where the existing lot line of Lot 1, Block 3, Grainwood Heights is indicated by dashed line, and the new, proposed lot line is indicated by the solid black boundary of Tract D). See attached proposed R.L.S. for details. Staff processed this R.L.S. as an administrative land division according to Section 6-1-3 of the Prior Lake Subdivision Ordinance. The division of property will not result in more than three parcels. (In this case, four tracts are shown on the R.L.S. however, Tract D is an existing lot (Lot 1, Block 1, Grainwood Heights), where the north and west lot lines are proposed to be realigned to provide a "more regular, square" lot. Existing Outlot H, Windsong on the Lake is proposed to be divided into three parcels, Tracts A, B, and C. The end result of the proposed administrative land division will be to create two additional building sites, Tracts A and C. Tract B is developed with the Hennen single family home (4143 Eau Claire Trail). Tract D is developed with the Zvaners single family home (4137 Eau Claire Trail). 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 ,' Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F~PLOYER COMPREHENSIVE PLAN IMPACT: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Staff received no objections from neighbors who were notified of the proposed R.L.S. The DNR has not submitted comments to staff therefore, they are deemed to have no objection to the R.L.S. The Comprehensive Plan indicates low density residential land use for the subject site. The proposed R.L.S is consistent with the Comprehensive Plan[ 1. Approve the R.L.S. as presented. 2. Deny the R.L.S. 3. Continue the item for more information. Alternative 1. Motion as part of the consent agenda to approve Registered Land Survey (number to be assigned by the County Registrar). CHAPTER 8 REGISTERED LAND SURVEYS Section: 6-8-1: 6-8-1: Registered Land Surveys REGISTERED LAND SURVEYS: Ail registered land surveys shall be presented to the City Council in the form of a final plat to be processed in accordance with standards set forth in this chapter for final plats. Registered land surveys shall only show existing property lines and easements and other existing features as may be appropriate. Bspr,,,1TW Name of Surveyor, .Phorle: 447-41K! Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit m the subject site or any paa of it: ~ Yes_.__ What was reguested: (J.e reflk~ue of Wi~.,~Ag) ,,_ ~en: SUBMISSION REI~I~: A. Co~leted application form and Property Identification lim~r (PlD). B. Complete Legal clesc;iption of existing and proposed parcels. C. Filing fee. D. Survey pre. re, by a qualified person who is a registered land surveyor in the State of Kinnesota. g. 15 copies of the application, survey an~ supporting ~ta and 1 set reduced to ll' X 17'. F. Total square footage and or acreage of existing and proposed parcels. G. Names and addresses of owners who o~n property conti~uous to the subject site. GNLY COMPLETE API~ICA?I(IiS SHALL BE ~ FOR To the best of ny knc~leflge the information presentedon this form is correct. In addition, I h~ve read Section 6-1-3 of the Prior Lake Sulxlivision Ordinance ~hich specifies the teguir~ents and procedures for Ac~tinistrative Plats. l agree to provide information and follow the procedures an outlined. AppliCants Signature F~ Owners Signature 3-17- ~- ~te 3-/7- ~z- ~ate THIS SSCTI(~ TO BE FIT.TXn IN BY THE PLANNING D~R DISPOSITION OF API~ICATI(~: CITY COUNCIL .' I~TE OF HF_AEING Signature of the Planntng Director Date I , I i REGISTERED LAND SURVEY NO ~ SCOTT COUNTY, MINNESOTA / ~ -~ S89°5g'53'E' D ?al 57 L $89o59,~.F TS S'ly hr)e of lot I~ Block ~J~ GRAINWOOD HEIGHTS 0 50 I00 SCALE IN FEET 0 DehMel I/2 etch x 14 in~ monment Nt c~l marked I~ licenle No. 10183 The N'ty hne of Outlot H, WINDSONG 01~ Valley Surveying Co.,P.A. ~o,~.~..,o.~,.~o..,,.~o, REGISTEREO I.AND SURVEY NO. SCOTT O0UN~. MINNESOTA Mo 49' ..~S 4e... ¸.,% A N88o 45' O?'E (4143 EM C~dre '!~.) * B Sg9oS9*s_q'E D (4137 EM ~ Tr.) - *.ZOI $? -- " The S'Jy hhe Of JOt Ij, BlOCk q, G/~r4INwOOO 0 SO I00 ~ .. ~U.E IN FE£T ) OehMe *I/Z MM x M Jnm iren t~c4~ee No. IOte3 TM N'ly line Of Ouflot H, WINDSOR~G ON /'HE L,M~£ Volley Surveying Co, PA. "' "- "'~.'.' o ,.,-o ~' -,o,,'o," , SHEET 2 OF 2 SHEETS REGISTERED LAND SLt~EY NO. SCOTT COUNTY. IdNdE~A ~ott Co~%y Tree.urer .day of ~Ott ~ty, Ht~O~O~ ~ COUNTY ~RVEYORs ~nt ~ C~p~r '/, Hlnneeo~ ~e of ly7b, tn~l ke&iatered ~ ~rvey has ~,e;. of , ~ott C~tl S~veyor Valley Surveying ¢o., P.A. SHEET I OF 2 SHEETS "APO 2 PN" NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION DATE MAILED: April 2, 1992 The Prior Lake Planning Department has received an application from Ramona Hennen of 4143 Eau Claire Trail N.E., Prior Lake to consider an administrative land division within the existing plat of Windsong on the Lake. The proposal is to divide Outlot H, Windsong on the Lake into three tracts as proposed on the attached Registered Land Survey. (Outlot H, Windsong on the Lake will be divided into proposed Tracts A, B, and C!. The north lot line of Lot 1, Block 3, Grainwood Heights is proposed to be realigned to be more p~rpendicular to Eau Claire Trail. (The change in lot line alignment is shown on proposed Tracts C and D where the existing lot line of Lot 1, Block 3, Grainwood Heights is indicated by dashed line, and the new, proposed lot line is indicated by the solid black boundary of Tract D). See attached proposed Registered Land Survey for details of the administrative land division proposal. 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: The division of property will not result in more than three parcels. (In this case, four tracts are shown on the Registered Land Survey however, Tract D is an existing lot (Lot 1, Block 1, Grainwood Heights), where the north and west lot lines are proposed to be realigned to provide a "more regular, square" lot. Existing Outlot H, Windsong on the Lake is proposed to be divided into three parcels, Tracts A, B, and C. The end result of the proposed administrative land division will be to create two additional building sites, Tracts A and C. Tract B is developed with the Hennen single family home (4143 Eau Claire Trail). Tract D is developed with the Zvaners single family home (4137 Eau Claire Trail). The property to be subdivided is a lot of record in the office of the County Recorder of Scott County. The resulting parcels generally area of existing or anticipated surrounding areas. conform to the sha~e and land subdivisions in the The division will not cause any structure to be in violation of setbacks. 4629 Dakota St. S.F.. Prior Lake. Minnesota 55372 Ph. (612) 447-4230 Fax (612) 447-4245 Any easements which may be required by the City must be granted. The owners of land contiguous to the parcel must be notified in writing and no written objection received within ten days followinq notification. Any written objection shall constitute an appegl. 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 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 Monday, April 13, 1992. If the Planning Department receives no written objections, this proposal will be processed. If you have questions regarding this matter, contact Planning Director, Horst Graser at 447-4230. Sincerely, 'i /. i i / Deborah Ann Garross Assistant City Planner Enclosures NOTE: Agenda 3(g): The Settlement Agreement is in the finalized and negotiated; the Agenda out under separate cover. process Report of will being come HERITAGE COMMUNITY 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 3(g) DAVID UNMACHT, CITY MANAGER CONSIDER APPROVAL OF SIMPSON-GELHAYE SETTLEMENT AGREEMENT APRIL 20, 1992 INTRODUCTION'. BACKGROUND: The purpose of this Agenda item is to approve a Settlement A~reement between Marie Gelhaye, Randy and Patrlce simpson and the City of Prior Lake. The Settlement Agreement sets forth an understanding with respect to a Title Registration (Initial Proceeding) action of the Simpsons. Enclosed please find a copy of the draft Settlement Agreement. Please recall that the City Council provided direction to staff to process a settlement in this matter in a closed session on December 16, 1991. Enclosed please find a copy of material relating to a Vacation request of Randy and Patrice Simpson from July 15, 1991. This information should provide sufficient background for your reference and recollection of the facts. Upon the adoption of Resolution 91-28, research was conducted by Bryce Huemoeller and City staff on the "Reserve" within the plat of the Town of Spring Lake (Filed in 1857). In consultation with city Attorney Glenn Kessel and County Surveyor Bill Schmokel, and looking at a Scott County court case (attached) on file, it was concluded that the "Reserve" may not have been specifically dedicated to the public. However, this point could be contested if the City so chooses. Hence, the City of Prior Lake was offered a settlement proposal from the Simpsons to obtain a five foot easement on the strip of land adjacent to the unimproved Sixth Street (see map) if the City would not contest their Initial Proceeding action. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 DISCUSSION: RECOMMENDATION: ALTERNATIVES: ACTION REQUIRED: The City of Prior Lake essentially has two options, to accept the Settlement Agreement or to contest the Initial Proceeding action. Accepting the Settlement Agreement will result in a 35 foot strip of property (as opposed to 30 feet currently) which would access Spring Lake from Spring Lake Road. This 35 foot strip would leave ample access for continued use of the property as has occurred over the past years. Contesting the action of the Simpsons, who bought the property from the Gelhayes, could be costly and based on staff research possibly unsuccessful. The City of Prior Lake has Vacated interest in other Reserve applications around Spring Lake. Originally the Simpson Vacation application was denied due to the Reserve abutting the existing Sixth Street. Retaining the Reserve would have created a larger access or trail head if developed in the future. However, accepting the Settlement Agreement would avoid a contested action and most likely would not compromise any future City plans. Staff recommends approval of the Settlement Agreement. The Settlement Agreement represents the direction of the City Council at their closed session in December of 1991. The alternatives are as follows: 1. Approve the Settlement Agreement as drafted. Remove this item from the Consent Agenda to discuss. Motion as part of the Consent Agenda to approve the Settlement Agreement between Marie Gelhaye, Randy and Patrice Simpson and the City of Prior Lake is in order. "AG3Gi" CZTY OP pRTOR LAKE 4629 PF:LOF Lake, ~ 55372 Phone (6 2) 447-4230 - F~ (612) 447-4245 INFORMAL MEMO FROM: REPLY FROM: DATE: Response Required: Yes No ~// DRAFT SETTLEMENT AGREEMENT This agreement is made on the day of March, 1992 ~y and among MARIE GELHAY£, a single pers6n {Gelhaye), PJ~NDY D. SIMPSON and PATRICE L. SIMPSON, husband and wife (the Simpsons), and the CITY OF PRIOR LAKE, a municipal corporation under the laws of Minnesota (the City). RECITALS A. The Slmpsons have purchased from Gelhaye by contract for deed dated May 7, 1991, the real property in Scott County, Minnesota, described as follows (the Property): The southeasterly 5.00 feet of Lot 1, Block 49, plat of Spring Lake Townslte, and that part of the Vacated Reserve in said plat lying southeasterly of the southweste[ly extension of the northwesterly line of said southeasterly 5.00 feet and lying northwesterly of the southwesterly extension of the northwesterly line of Sixth Street in said plat. And: The now vacated southeasterly 30.00 feet of Sixth Street as shown on the plat of Spring Lake Townsite, lying southwesterly of the southwesterly right-of-way line of Lake Street as shown on said plat. The northwesterly 28.00 feet of Lot 5, and all of Lot 6, of Block 50, in the Town of Spring Lake, Scott County, Minnesota according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County and State. Together with that part of the now vacated ~eserve in said plat lying northwesterly of the southwesterly extension of the southeasterly line of the northwesterly 28.00 feet of said Lot 5, and southeasterly of the southwesterly extension of the northwesterly line of said Lot 6. B, In addition to their use and occupancy of the Property, Gelhaye and her deceased husband, Gordon Gelhaye, nave been, at least 15 continuous years, in the adverse possession of that portion of the area designated as "Reserve" in the plat of the Town of Spring Lake, identified as "Proposed vacation Subject Site" on the attached Exhibit A, and referred to herein as the "Additional Lakeshore". c. Although the City has historically claimed an interest in the Reserve and the Additional Lakeshore by virtue of the dedication for the plat of the Town of Spring Lake, proceedings in the Scott County District Court have determined that the Reserve was not in fact dedicated to the public. Accordingly, the City has agreed to waive its claims to the Additional DI AFT 6ake~hnrA and rooperate in an initial land title r,glstratlon proceeding for the Additional Lakeshore upon the terms In this agreement. AGREEMENT Tn consideration of the mutual promises contained hereln, the parties agree as follow: I. TITLE PROCEEDING. Gelhaye shall promptly and at her sole cost and expense co~mcncc and ~Igently prc~:cutc~ ..... *' ~ .... ~,,~ti~,,,, an Inltlal land title reg~.-~ '' ' ~=~ration procuedin~: to {.st0k]~ss %hat Gelhaye is the fee owner of the Additional Lakeshore subject only to the contract for deed in favor of the Simosons and the riparian rlghrs of the State of Minnesota Oelow toe normal ordi- nary h~gh waterline of Sprlng Lake (the Title Registration Proceeding). The City shall execute, acknowledge and file the Court an assent to the Title Registratlon Proceedino on request by Gelhaye. 2. EXCHANGE. On completion of the Title Registration Proceeding, GelhaFe and the Simpsons shall w~tnin 1K days thereafter execute and de]gver to the City a limited warranty deed In recordable form conveying to the City tltie to the mo~]theaster]y 5.00 feet of Lot 1, Block 49, Town of Spr~nG La~e. ~. CLOSTNC~ AGREEMENT. Thls agreement shal I not be construed dated May 7, 1991, among Gelhaye, the Simpsons and E~ity Title 4. PERSONK BOUND, This agreement shall bind and benefit the D~rtics hc£cto ~nd their rc;~)cct~ve heirs .' successors and assignso 5. GOVERNING LAW. Minnesota Law. This agreement shall be governed by MARIE GELHAYE RANDY D. SIMPSON PATRICE L. SIMPSON CITY OF PRIOR LAKE BY ITS MAYOR ITS CITY M~ANAGER DRAFT -2- HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN 1RAI~ POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 55J72 lAMES C). BATES BRYCE D. HUEMOELLER August 14, 1991 leleph~.e 1617) 447.2131 Telecoplet 16121 447-5628 Mr. David J. Unmacht Prior Lake City Manager 4629 Dakota Street S..E. Prior Lake, MN 55372 Re: Request for Conveyance of portion of "Reserve" set forth in the plat of the Town of Spring Lake Dear Mr. Unmacht: Randy and Patrtce Simpson have talked with me about the recent action of the Prior Lake City Council denying their request to vacate approximately 30 feet of the "Reserve" which lies adjacent to Lot 6, Block 50, in the Town of Spring Lake. As I believe the Simpsons explained to the council, they have recently purchased from Gordon and Marie Gelhaye, Lot 6, the Northwesterly 20 feet of Lot 5, and adjacent portions of the aJacent "Reserve" and 6th Street that was previously vacated. The Gelhayes had occupied-the property, including the 30 foot portion of the "Reserve" included in the Simpson's application for vacation, for well over fifteen continuous years. The Simpsons initially contacted us about appealing from the denial. However, after checking with local abstracters, we have been unable to find any conveyance or dedication of the "Reserve" to the public. Absent such a conveyance or dedication, it appears that it may not be necessary for the Simpsons to complete a vacation proceeding to obtain record title to the 30 foot strip. The Stmpsons are presently deciding whether they want to move forward with an action to determine adverse claims to raise the issue of whether there has been a conveyance or dedication of the "Reserve" to the public. However, in the interim, they have asked me to write you with a compromise proposal. The Simpsons are also purchasing the Southeasterly 5 feet of Lot 1, Block 49, in the Town of Spring Lake. They would be will- Mr. David J. Unmacht August 14, 1991 Page two lng to exchange this 5 foot strip (which lies along the westerly line of the portion of 6th Street that was not vacated) for the cooperation and assistance of the City of Prior Lake and the State of Minnesota in an action to determine that Simpsons, as the successors' interest to the Gelhayes, are the fee owners of the 30 foot portion of the "Reserve" that was included in the vacation application denied by the city council on July 15th. Essentially, the Simpsons would be willing to agree to convey the 5 foot strip to the City at the time that the District Court enters its order determining that they are the fee owners of the 30 feet of the "Reserve". The critical issue here seems to be whether the "Reserve" was conveyed or dedicated to the public. If the City has information which conclusively shows that the "Reserve" was in fact conveyed or dedicated to the public sometime after 1857 when the plat of the Town of Spring Lake was filed, I think that the issue is resolved. However, if there has not been a conveyance or dedica- tion of the "Reserve" to the public, it may be that Gordon and Marie Gelhaye obtained title to the 30 foot strip through their exclusive use and occupancy of the area. I have told the Simpsons that it makes sense for them and the City to discuss these issues and attempt to work out a fair solution. Please review this letter with your planning staff and call me. I am hopeful that the City will agree that this is a situation where compromise is appropriate. BDH:dp cerely ours, B~yce k~. Huemoeller cc: Randy and Patrice Simpson ~e"g 5 ~O.N~ ..... '04 Ol'..- · - dO ~0 ' ' ~.__., -, ~ ~, . '~:=~'- PROPOSED VACATIO~ St. NS~CT SITE ~ L~E ~3 PI{/ HERITAGE COMMUNITY 1891 1991 ' i.% .x E RESOLUTION 91-28 RESOLUTION PROVIDING FOR THE VACATION OF RESERVE LOCATED WITHIN THE PLAT OF SPRING LAKE TOWNSITE MOTION BY LARSON SECONDED BY SCOTT W~EREAS, a petition for RESERVE vacation has been duly presented to the City of Prior Lake, signed by a majority of the owners of the property abutting the following described RESERVE situated In the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION: ALL THAT PART OF THE AREA SHOWN AS RESERVE ON THE PLAT OF SPRING LAKE TOWNSITE, SCOTT COUNTY, MINNESOTA LYING NORTHWESTERLY OF THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF LOT 6, BLOCK 50, OF SAID PLAT AND LYING SOUTHEASTERLY OF THE SOUTHWESTERLY EXTENSION OF THE CENTERLINE OF SIXTH STREET AS CREATED BY SAID PLAT. WHEREAS, notice of the hearing on said petition has published and posted in accordance with the Minnesota Statutes; and been duly applicable WHEREAS, a public hearing was held on said July 15, 1991 at 7:45 p.m. in Council Chambers; and petition on Monday, the Prior Lake City WHEREAS, the City Council then proceeded to hear all persons interested in said petition and persons interested afforded the opportunity to present their views and objections to the granting of said petition; and WHEREAS, the City Council of Prior Lake has determined that the vacation of said RESERVE would NOT be in the public interest. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statutes 412.851, the above described RESERVE situated in the City of Prior Lake, Scott County, Minnesota is hereby NOT vacated. Council action on this 15th day of July, 1991. Seal YES Andren X Fitzgerald __X Larson X Scott X White Abs%-~i~d NO Andren Fitzgerald Larson /;scgtt Dav4d J. Unm~cht City Manager City of Prior Lake 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Minutes Of The Prior Lake City Council July 15, 1991 MOTION MADE BY FITZGERALD, SECONDED BY CONSENT AGENDA ITEMS (a) THRU (k). LARSON, TO APPROVE THE Upon a vote taken, ayes by Andren, Fitzgerald, Larson, White, the motion passed unanimously. Scott and The next order of business was: Consider Approval of Resolution 91-32 on Metropolitan Significance Review For Proposed McKenna Gravel and Sand Mine Operation. City Manager Unmacht commented on the change of circumstances since the agenda report had been completed and recommended that Council action on the Resolution be tabled for 30 days due to a request by Metropolitan Council Chair, Mary Anderson, to allow Metropolitan Council staff time to mediate a solution to the EAW comments and to the issues addressed in the proposed Resolution. Staff is recommending that Council table action on Resolution 91-32 for 30 days with the understanding that the City will not relinquish their ability to act on this Resolution if we are not comfortable with Shakopee's action or results of the discussion with Metropolitan Council staff. City staff informed the Metropolitan Council that staff would agree to their request and recommend to table action on the Resolution. After discussion, Council concurred with this action. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO TABLE RESOLUTION 91-32 FOR 30 DAYS. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, White, the motion passed unanimously. Scott and Due to the fact it was not yet 7:45 p.m. the time stated for a public hearing, City Manager Unmacht discussed item (a) under Other Business by reminding Council that there would be an AMM Breakfast at Denny's Restaurant in Burnsville on Wednesday, July 24 at 7:30 a.m. Reservations should be turned in to Dee Birch by noon on Friday, July 19. A short discussion occurred on suggestions by Councilmember Larson on a future policy with regard to mineral extraction operations in Prior Lake. Council concurred that staff should investigate the matter. The next order of business was: Conduct Public Hearing on Reserve Vacation Application. Mayor Andren opened the public hearing and stated that the public notice had appeared in the Prior Lake American on July 1 and 8, 1991. Applicants, Randy and Patrice Simpson, addressed the Council regarding their application. Ms. Simpson handed out copies of Resolutions 87-67 and 88-13 pertaining to the City's vacation of reserve areas along that section of Spring Lake. Ms. Simpson also handed out pictures of their lot as it pertains to the proposed vacation site. The following residents addressed the Council on the vacation: Jim Weninger 2591 spring Lake Road Gail Klingberg Prior Lake Sportsmans Club Bill Howard 2932 Spring Lake Road Jim Shea New Market Sportsmans Club 2 Minutes Of The Prior Lake City Council July 15, 1991 Associate Planner Sam Lucast presented an overhead map of the proposed vacation site. Discussion occurred on the position of the City with regard to vacating lake reserve parcels. MOTION MADE BY LARSON, SECONDED BY SCOTT, TO DENY RESOLUTION 91-28 PROVIDING FOR THE VACATION OF RESERVE LOCATED WITHIN THE PLAT OF SPRING LAKE TOWNSITE. Upon a vote taken, ayes by Andren, Fitzgerald, Larson and White abstained. The motion carried Scott, MOTION MADE BY WHITE, SECONDED BY SCOTT, TO ADJOURN THE HEARING. PUBLIC Upon a vote taken, ayes by Andren, Fitzgerald, Larson, White, the motion passed unanimously. Scott and A short recess was called. The meeting reconvened at 8:35 p.m. The next order of business was: Conduct Public Hearing on Improvement Project 91-11, Carriage Hill Road, and Consider Resolution 91-31 Ordering Improvement and Preparation of Plans. Mayor Andren announced she was vacating the chair for this public hearing and turned the meeting over to Acting Mayor John Fitzgerald. Fitzgerald opened the public hearing and entered two pieces of correspondence into the record: A letter dated July 15, 1991 from Bonnie Busch, and a letter dated July 9, 1991 from Fannie Griffith with a petition (not verified or dated containing the names of 22 persons) all opposing the project. City Manager Unmacht gave a brief background of actions by staff and Council to date and turned the meeting over to Director of Public Works Larry Anderson who discussed steps taken by staff in completing the feasibility study for the proposed roadway. Anderson presented an overhead of the roadway plans. Anderson stated staff is recommending that the City not proceed with the extension of Carriage Hill Road at this time as construction of this road would be premature, especially, since there is no pending development of the area. Acting Mayor Fitzgerald opened the meeting for public input on the proposed project. The following persons spoke against the extension of Carriage Hill Road: Fannie Griffith 14500 Meadowlawn NE Charles Bolger 14600 Meadowlawn John Bolger Hudson, WI Jack Bolger 14560 Meadowlawn Trail Mary Gilbert 4893 Beach Street The following persons spoke in extension to Carriage Hill Road. favor of construction of an uJ ~P 4 PUBLIC \ \ STATE OF Iv.I[!N~SOTA CO'd[~TY OF SCCTT ]2: D1STR]CT cqURT In the matter of the amended a.r.plicatior, of Hc'~ard J. Hauser to re~iste: the title to certain lands in Scott ]c.anty, Hc~ard J. Hauser, Applicant, -VS- Emil Dvorak et al., Defendants. FZ'~DTI~O3 OF }:ACT CO.',;CLUSIO;iS Oi,' LA'.'; AN D ORDER FOR JUD~;!,':Et;? The above entitled pr:-:eeding, which is one seekin~ to reqister title to certain lands in Scott Count?-, ;(inn~scta, ca',~e on to Be heard before the court cn Februar'/ 27th, 1963. Philin Neville a.t- pearcd for and on behalf of the Applicant. Louis J. }(orJarty/ap- peared for and on behalf ofthe defendalt ?e'en of Spring Lake. M.J. Da!y appeared for and on behalf of the defendant Scott County, ~innesota. The land which is sought to be reEistered in suid proceeding, which is located in Scott ]ounty, I(innoscta, is described in s,~id ap?lJcation as fellows: Lots One (!) and Two (2), Block Fifty (50) in the Town of Sprinq Lake and that Fart of F;£ta ~ o,re'ct ,mhd the beach described as follows: Startin~ at the (northwesterly) mo;t westerly corner of Lo% Two (2), B]olk rift? (50); thence southeasterly alon~' %ne scuSh?;e~'...:~-[v ilne of Lots One and Two (2) of Block ,rift,. (50) %o th.~ (south',,est) r, ost southerly corner of ' * One (! ~o~ ); then~.e north-~asterly the southeast line of Lot One ",l) to ~k.-. ( .... sou~n.~st ) ~ost easterly corner of Let On~ (i)' the?.e soutl'..east~lv to tm,.e most northerly cotter of 1.ct Six (6'~, ~lc:k Fifti'-one (51); thence southwesteriF alrnz ti:~ norti:we~terlv line of Lot (6), Elock rift. y-one ~,5'-) aaJ th~ soutkwest~r!v extension o£ said northwesterly !ire to the shere of Spr~r~z Lake; along the shore of Siring Lake in a norti~westerl-y dlrection t intersection with the so':thwesterl',' ext_=us~.on of the Nor;nwest. erl'- line of Lot Two (2), [,lo:': Fifty (:)O); t?~n:,~ ~]ortneaster'Ly alon~ said ~orthwe:'t~:']~' line so e;:tcnJ~d to the place c~ beginning, all in ~h? Town of oDr-r.~ La'-:e a~cor~in~ to t:'~. plat thereof on f~lc -.n~. of rac~:'d in th3 off loc of the Resister of Deeds ,n -.nj for Scott 3ounty, '.,.',inn-:sota. Ti%e Court having --:~-~ ~ '] evi . ct..~..:.e~ a.- th.. der, cc a'lJu:ed uno.. ssi! h~arin% and beinn advis-.J n t~.'_, pc'cruises, the strip or portion of land aypearin-~ on said plat which is desi~~ nate~ thereon as "Reserve" was not in fact platte~, and there is no evidence of intent to Jed~cate same to thc public use, &nd that it never was dedicated to t'~e yu'blic use; that th~_ said platter of sail tc;~n plat retained title to said "Reserve" portion of said premises as designated on said pla;, free ar,~ clear of an'.,' right or easemer.~ in favor of the public; the~ the Applicant h~rein n:q~ired his title to the portion of the "Reserve" herein involved in l?S& from his father John N. Hauser; that at the time of said acquisition cf said "Reserve" by the Applicant there was a house on sa]~ premises where the Applicant subsequently built his ~resent hone; that the --aid house on saiJ premises when ApplJcar. t acguireJ ss~c had beer. or, said premises since about 1~12; that said hca. se wan known as the Plumstad house and had been there situated for about 20 year.'; before the Applicant demo!is'.'.ed sa:~e anJ built biz own hnuse on sa~.:', site That the Applica:t :.nd his grantor and ~.redec._~ssors in title have been, for r,,ore ti.an 15 !,.'ears prior to th~ ccrmencer,.~nt ,~f the within proceeding, in actual, hostile, ope.-., continuous and notoricur aJverse poss-~ssion of all t'ns% part of the "?,eser';e" hereinb:fore referred to, and here~[n involved, es a part of ta~ lani 'nor.~ n to be registered by t!~e Ap?li. That a!thou%h thc ~_fth [;treet aD sere a~[,ears or, t~e pYat of the 7own of S.r. rinF. La"e, was lad9 o'.:t as a ~.~rt of said plat in ]957, which plat ~;~s fi].;.-I i~, the ,~.~ .c ~r,e '.~:<istcr of J~eds ¢,f 3cott Count-/ in tibet "~.~-, s'.:h Fifth Street baa n~ver been ~.p~ned travel, nor haYe an':' ]r...~I, ove':.-snts "~.~ r,.ade thereof, to ;,a,ke :~u,~h -3- street suitable for ~t~ a.: ~ .-,',r..,~t; that tr.; ',~,-.'a:n of s:{]J is such that such street as desi~nate~ on sa~'t ~!at is not at all aJaptable to street us~ an'] that the layir:~o%t an-] oper, in~ of said street for travel or far use as a stre.~t wc.ld be iupracticaDle'~d extremely costly; that ssi~ street is not necessary for furnisr'inc access to Sprinz Lake in that the Township of ;~rln~ Lake and the Co~ty of Scott have provided public access to Sprin~ Lake at Sixth Street, a few hundred feet away 3nd that it a~F. ears %hat %here are many other places of public access aroun~ Spring Lake other the said Fifth Street. That on ~.]arch 15, 1755, K~.il Dvorak ar.~ wife, the then of ~ts 5 and 6 in Block 5!, which is the ~ropertv a~jacent to the east half of said Fifth Street, deede~ all their ir.t~rest in the east half of said Fifth Street t~ the App!i:.~nt herein. V. That the Applicant ~s the o;~ner of Lots 1 an~ 2, Block 50 u~.cn said recor~e~ plat an~ that n~ is the o',;ner therc~ was conce~e'J th.~ Township of Sprin; Lake an~t the Count'.' cf Scctt durin; tke trial ef this action. Vi. That a creek flow3 through the ~remi32s [latt~ as aforesaid an! across r.,th Street between Blocka 50 an~ 51 ar,~ acro3~ Lots 1 ~nd 2 in Block 50, and across that ~art of the "[leserve" o~;ned by the Applicant herein; %h~t sai~ stream, or body of water, is concede/ %y all parties to this a:ticn to bca navilabl,'hciy o~ water. VII. That the Applicant has since his acquisition of sai~ p~operty here sought to be reqJster~J, mn'J3 s~.bseq;cnt improvements u[~cn pr?;Js2s in:luJin~ 3 hou.;e, '..~n[ch i3 constr':ct9:i c~ the "?.2~erve" ext~n.is into Fifth S%: ~,?, if ?[ftn Street w~r~ extended, which house is of %he ap~roxJmat~ va! .e cf · 5C,000.0%; that h,~ h7~3 ~rect~l a boat house or, Fifth S,r,~t, if Fifth Street were extended as !n.~icateu on Applicant's Exh~bit ~ fi!e~ h.:?ein; that he has conztruc%~,[ a brid~e and roadway, which br:tzc is on Yifth Street ar, d his ro~ and Jrivewav leave; ]a'~,, Street or said r,]at ~nJ r,~n~ eve~ Fifth Street; Applicant also h~5 a fe~.:~ alcr.- th~ southeasterly side of Fifth Street ad;oinin~ 9lock 51 ar.~ he has constructed a soc~lled shuffleboard court on Fifth Street, ~nd has a patio iz front of his house exte:~ding on to Fifth Street, and numerous trees and shrubs on Fifth Street. VIIi. That should the Applicant be required to vacate the premises, or any part thereof, whereon s.~id house and ~mprovements ~e he wo~ld s:ffer s~bstantial fin~cial loss as a result thereof, ~d be greatly prejudiced thereby. That despite the fact that t~Applizant openly made the sfore- said improvements on said street at a very considerable expense to himself, no member of the Tcwr. Board of Sprin~ Lake, or any member of the public ever made a~y ob~ectior, thereto; that no objection was ever ~ade to the occupancy ~d i~:provem~r.t of said premises hy the Applicant ~ntil he commence~ these pro:~edin-s for reTistraticn of the title thereto. X. That in assuming dominior, over the pre~.ises in question and making the improvements thereon as aforesaid, the Applic~t has acted with the utmost ~ood faith and in the belief that~e said Fifth Street ha~ been abaadoned by the Town of Spring Lake, a~fl by the County of Scott. That comr. encing with the year 1954, Ap[licant has been for the west half of Fifth Street and that s!n:e lW55 he has been a:messed for the entire arca cf Fifth Street between Blocks 5(~ ~t a~d that he has paid all taze~ th~:z WHEREUPON the Court f!nJ.~; az Conclusior,.~ of Law: That that portic~ cf the plat of the Town of SFrinc Lake az hereinbefore referred tc anJ designated thereon ac, "[{eserve" was notin fact a dedication of tkat portion of the plat desiznated az "Reserve" to the use of the .~u%lic, bit was in fact retained by the platter of said plat. il. That the title to that portion of said plat lying in the por- tion designated as "Reserve", and here sought to be registered in his name by Applicant, has been acqulreJ by the Applicant through adverse possession, and that he is the owner thereof in fee simple. 11I. That that portion of Fifth Street dssignated as such on said plat and here sought to be re-istered in the name of Applicant, has been abandoned as a street by the Town of Sprin~ Lake anJ by the County of Scott, ~.~innesota, and that said defenJants are estopped to assert any ciaDr~ er rights with respect to saiJ Fifth Street. That exc!zsive of ti~e r. avigable strea-~ traversin: sai{ plat and the premises here sought tc be re~istereJ, and the bed of sa.~ stream, the A~Flicamt is er. tltle:l tc have re~iotcreJ in his in fee simple, the follow, ir.-. ~,.scribed property: Lots One (I) and Two (2:, -=lock Fifty (50) in the Town of Spring Lake and that .:art of Fifth Street. and the beach scribe~ as follows: Startln~ a', the (northwesterly)most westerly corner ¢,f Lot 71~o (2),)~lock Fifty (50); tnenze southeasterly alonz tho sc'~thwe~;terlv linc of Lots One and Two (2) ~f ~]ock Fifty ~50! to th~(oouthwest) moot southerly corner of Lot [ne (!); thenz3 nc, rthcasterly a!on- the southeast li].e of L-~.t o:~, (]., to the (~out;.ea~t) mo~t easterly corner ¢,f Lot On.~ .~1); t. hence southea.~terly to. most northerly c~?ner cf L?'. f;ix (6), 51oc!', Fifty-one (51); thence se'~thwest,~rl', alcn-_ tk=~ northwesterly lind Of Six (6), Blo~k F_ft~'-cne (51) a:::l the so'.'thi~eot~.rly ext.~n- sion of said north',.~ster]v li~c t,o tn; s'nor.3 of Spri~- !,~ke; thence ale:cz tine shore cf $?rin? Lake in a .,o ........ t...~' direction to int. rs.Dot it.-. '..;[t!~ t~:c so.th...e::terl" exter, o[on of the ~:orthwest, r]- line cf 1~.% !we (2', :'~1o~_[-: Fifty [50); -6- to the pla~e of be~[r.ninz, all in ;he ~own o'f Sprin.? Lake, Scott Oounty, ~innest~ta, ac:ordinz tothe plat thereof or, fi[; an~ of ~e¢ord in the offi:e of the Re~ister of Dee~s in for Scott County, I<irmeso~a. LET J~DGI,iE;:T 3:--. E;:TEP. ZC AZCORDi~iGLY. ]-~emoranJu= hereto attached is maJe a [art of this or2er. Dated Au~rust 27th, 1~)63. Stay of 20 days from the datehereof is hereby ordered. District Judge. T!~e fore%oing matt~-.- ns: naa ~:.? :aref~l con:~deration of ~our%. The court's con:lusle~5 with respect to %nat portion of ~he pre~r~ises designs%ed ag "Reserve" are based upon, and are amply sup- per%ed by %he evidence and %he la~, and the court will nob discuss that phase of the case. I% is with respect to %he question of abandonment of Fifth 3tree% that %he court deems i% desira~!e %ha% i~ disaoss briefly ~he basis of its conclusions. The court is not unnindful of the general rule %ha% there car.- no% be abandoment %hreugn mere non-us~r. ~;either, ho~ever, ~houlJ %here be too$iavish an al~herence 5o the ~cien% maxim, "Once a highway, always a highwa/" which maxir, i% is now ~enerally~reed, is subject to certain qualifications and exce[ticns. The general rule with respec~ %o abandonment of streets or highways is well stated in %he Oregon case of Dabney vs. Por~land, 124 Oreson 54, 263 P. 386 as follows: "Whatever may be %he authorities elsewhere, i% is well established in {his jurisdictior. %hat, while ~i%le %o property held in trust for publ!~ use b7 a municJpa!ity cannot be acquired by adverse ~osseosicn, special cases may arise where, in {ne in%crest3 of eq~itF and 3ustice, a city may be estop}sed from assertlnK %nat the propert7 upon which the improvements were made is a street. . . Where there has been lon~-ccntinued nonuser by a munici- oalitV and valuable and p-.rmanen~ improvements hay? beer mad~- with its consent or acqu~iescence, in £ood f~it~', eQuity_will ~ par.mit fhe City to chang~ "it: ~os!;:.on t~ the materia--~--- damage of the person thus ~isle~." (Emphasis suppli{d.) That our supreme co,rt nas reco~ized the above stated rule is clear from the court's oFinion by Justice Julius Olson in the case of City of Rochester' vs. I;orth SiJ? Corporation, 211 ?,~imn. 275, 1 N..W. (2nd) 361, ~.here it is s%~%ed: "The prevailin~ rule is that-- 'an estoppel arises whet.3 there is lonK-conr, ir,ued no..user by %ha municii~alitv, to- ~h_ur wJ~h the ~os~.sszon by privat, pa.t~,.s in ~ood~alth an~ ih the oelief that its use a~ a street has Oeun donee, an~ th~ erect ion or 9~luat'le without objection from tn.2 ~r. un!~iF~, which nas ~ed~e t,,ereof, ~b %7.~ ~eCla~r tn~ .and Wb';l'~ r~s~ in K~at dama%~-to~{~ ~ !:cssessi~n. Id. an~ case5 ~;6t~ ~o; 2f GL J. p}'.!1~~99 (Sec. 1~.7) (h), particularl7 the :a~ es cited under note 6'~. Cf. 2 Zquity JurispruJenc:. (& e~.) Se:s. 81~ and 82]." {Emphasis supplie ~. ) It should be observ;d that the >innesota co,~rt, in its ?ore- [oin~ sta~.ement, does mn.-~ ti.an indicate t:~at its vie'-, is in har- mony with %he ~eneral rule as er.~:ncia%~ Lv ~he O~egon C0'2~%, but i% also s~s ou~ in de%ailed manner ~%st what facts are ess~rl:a! ~o invoke %he ~']le, and %~hich rule the applicanb contend5 is mere applicable. The court indicates in %ne Rochesbc:' case ~hat: Firs%, long-continued nonuser is necessary'. Second, that there must be ~ossession by private parbies. Third, %ha% such po:.aession must be in Eood faith in %h~ belief %ha% its use as a street has been aba:~dcnod. Four%h, the party in pozsesslon ~st have made valuable improvements on the premises. Fifth, the municipa!i%y has made no objection %o such improve- ments while bein[ made. S~xth, %o r~Jcta~ %he premises f~he par~y in possession wo';ld work great damage to the ~arty in possession. Ail of the forezoin~ elements are present in the present case. The"lon~-continued non:set" in this case runs for a~,roximataly !O0 years. The town site plat here in'.'olved was ma't.~ and filed 1857, which is now 106 years ave. ?ne dreams or hol:es of the plat- ters were never realize~ for no ';iiia]=- or city was ev.Jr or~a~ize~ or located on said town site. To use the lanauaae of the co'_rt the Rochester case, s].[.ra, tae "street" here involved was ail¢,ed its "feaze£ul slumber" of aF~:-oxlmately 1CD years before the town bcar/, when the applicant started these ~roceedinas, objected to its rezis- tration. The a~plicant has been in possession for ~ lon5 tine is no~ in possession. He in ~ood faith believed the street as la?2 out in the original pla~ ?al bcen aka.n.igned as a street. Neither the to'~n nor the county, ~o.- ar.>' m~mber ortho public made any ob- ject,on to the erection of va! ~,.ble im,;-~ovemonr, s made by the appli- cant on said pre:,,.is,3$, or ;;!tn his ~,ossejsiol] until these in~,5 were commenced. The %]:plicant wo~Id :;ult'er substantial clamato.< In addition to the for~zc,;n~ is the fact that sgnce 1751, and ]~55 the z%id ;ortlc~ o' St;; ~tr.2er n~r~. i~.',:l~] ha~ been for t~es and the appllc~t has paiJ ail such ts~e5. This fact certainly entirel7 in:D:-sister~t with the claim of the To'~n that sai~ street is bein~ ma.ntaine~ an~ should be mainta[ne~ for street ~urposes by the :m~iclpa]ity. Because of a somewhat analogous fact in the cas~ at bar, the court wishes tc allude tc the ~" · a.~ that in the ko~hester rs. 5crib Side Corporation case, :;upra, the ccitt there ir.~icated that oecame easier in that c;~5e to decide as it did, thRt is a~aJnst the city, a~,d tc estcF the ~t.)', beca.3.: the ci~,'.' ha~ laid another street imme~iat~17 aJ ogninK the street there in qu..ztior. and which apparent!7 serve~ as an am[le substit te for the atreet, which street the def~nJant :!aimed haJ been abar. ioneJ. In thc present case tme evidence sh~'.;o comci':z~ve~/~:, the terrain over which the ~sai~ Fifth street is Ilat~eJ is such as make its opening an~ improvement for use a~ a stre.~% _cs. that ~uch ~: because of the great in:cn~-r,i~n:~ anti t'~o ~ an~ improvement woui2 entail, and e~:c~al][, so i:~ view of the fact that said 5th strc~t in not at ali neceutar7 for acco.;., to Spring Lake as there a:'~ ctber easily available an~ convenJ~:nt adequate means of access to aa!d Sprint Lskc fer any an~ a![ who desire such access, inzlu~f-- %nero t~ ~t now 3 :jf~n!'.' deem ~t n::- essary to~en for travel anJ tc us2 s~[.~ St:: str.3~?% as a22.,J5 said Spring Lake. A cons~deratlen~c: a!: ~h~le~effc, ln~ :acts an~ circumst'.r;:e5, '". ',5 in light of t~e c~t~'] ~re~!~n~ a~:%nor~t~e':,, constrain thc. in his favor. And ~:~'f;{S~'~ r:~' .'ustzce O]son :n t~e course of hzs opinion in th~ Roch~o~ ','<.'~o:'~h .Side gorpora'.'.,pn case, s:pra: "If estopFo] ~:; not ap$~'~agle to a state o: faa~n su::, we have here, th~n sur~y"~at ~'q:itable principle is not of rough va}u.~ tc propert7 o.~ner.,." W.C .S [,E'I,ICA11GrJ 0f 5F'~;!N5 LAi E Fr,W~I~!T[ FL HC,~'J-,, d 1] ,-. ;2 '? l. -4 !-vJ , .ll--.J N. F', i[],-,.,~,e..'' ~f':" ';~+'C,~-2, C" 1,'~FC-~- .. .' ,~. eli' t~.~+ ~-~',E t~,*~,,n ;.]j,~ r.,~ m~F. c.f +~,,- ~c.,-,- c.f c'-..-:c,c ; :.l . ....: ,.-.~4 F.- ., ' ! ) .3 ~C) t,-~: ' ~ l'-: +~":2 c.-. ........... ,+1-,-~=~ ':'.' -"-~''' ' ~ '::'~-~ ''- ~ ',: ...... =...'i.. : p':.rtlCr cf L..:.t nLm:be.':- toL,:- 4', i:- +i.-.= :-.:.,~t~:we:t ~"~..-+e' -4 F:,::..:~,:. th~ i~C,k:~ff~E~.t CC?F~E.C C'f ~;~C,'ZI iS~'~T~b~' tr,:'Ct..' ,:,~-,C~ ' ~i ' Z' -'.': -:'~ ~C,L~';h~-,-~': :o's-ne},- t~' E"lc,c! n,..hnbe'.r t'h~" +' ' tin,'e'P ' ..... ~ ' -=;'~'~._ :-' ~'I-,.-,. ~'OLI];?;~-~L, Et COCF:~,F ~,~ thE, ~,JL,!]c ~,~L'~'-~', ~: (: ,], F, E, E i'C'CT, ;-l~,lCt ~_.;, ....... ., PeS'i:l:e- c.f D,--_~-_?,:J?. Cc, u,-+.., ,:.f :.:::,tt P-'.itnss:,t~. I her'eL,,, certify th:,t t:he ~.Jithip ~:,l~i ~-~:,: c~'cs.i,..'ed :~:".,:~ f'1¢:.C' f.:..- recocd on the 30th d<:,-:,, ,:,f [,e.:emh~:.:" :-,.r:,. '[gt:~ a,t i", c.',- !:.c~ ...... H,, C:!a,-'l:e. Re~Zete'r .---: D,~s,d: HERITAGE COMMUNITY $ 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 3(h) KAY SCHMUDLACH, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF RESOLUTION 92-15: PROPOSAL TO FORM DEVELOPMENT DISTRICT NO. 2 APRIL 20, 1992 INTRODUCTION: BACKGROUND: The City of Prior Lake is aggressively pursuing the establishment of a Business Office Park. The Council, Planning Commission, Economic Development Committee and staff have researched, analyzed and discussed the complexity of this action and have concurred that this development will benefit Prior Lake. In order for staff to negotiate agreements with interested parties, staff needs the flexibility to use financial resources including Tax Increment Financing. This agenda item requests Council action to set a Public Hearing date for the purpose of establishing Development District No. 2. City staff with the assistance of Jim Hill and Associates, and a Council/Economic Development Committee team of John Fitzgerald and Bob Barsness prepared a scenario that was presented at a Council/Planning Commission/ Economic Development Committee Workshop in December. The scenario examined the financial pro forma of the proposed park. The assumptions used in creating the pro forma included the use of Tax Increment Financing. Tax Increment Financing allows cities to capture increased taxes generated on a specific piece of land as a result of a specific development. Many cities, including Prior Lake, have effectively used this tool to assist development. In order fOr Tax Increment Financing to be used, State Statute, Chapter 469, requires that the City Council establish a Development District. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 DISCUSSION: RECOMMENDATION: ALTERNATIVES: The Development. District will define the boundaries in which Tax Increment Financing can be used. State law requires that the jurisdiction present in written form a Development District Plan that establishes the intent of the City's actions. Prior Lake's intent is to assist in the financing of project area improvements through the use of Tax Increment Financing, assessments and/or other financing sources. State law further requires that the Development District Plan be submitted to other affected jurisdictions, namely School District #719 and the Scott County, and that each be given not less than 10 days but not more than 30 days to review the documents prior to a Public Hearing. City staff anticipates submitting the Development District No. 2 Plan to School District #719 and Scott County following adoption of Resolution 92-15 by the City Council. A City Council Public Hearing date of May 18 is being recommended in Resolution 92-15. Currently, staff is finalizing the details of the plan. The establishment of the Development District does not require the City to commit to any financing. The action requested on May 18 will allow the City Council the framework necessary to consider Tax Increment Financing for future projects. The Economic Development Authority will process and consider all individual projects within the Development District. city staff believes this request is consistent with the discussions at the Workshops and Council meetings regarding the Business Office park. Staff recommends approval of Resolution 92-15. The City Council has the following alternatives: 1. Approve Resolution 92-15 as part of the Consent Agenda. 2. Remove Agenda item 3(h) for discussion and clarification. ACTION REQUIRED: Table the action until a later date for a specific reason. Deny the request to approve 92-15 for a specific reason. Resolution Staff has included this under Agenda in anticipation of a full and discussion on May 18. the Consent presentation Motion as part of the Consent Agenda will constitute approval of Resolution 92-15 setting the Public Hearing date for May 18, 1992. P HERITAGE 1891 COMMUNITY 1991 RESOLUTION 92-15 RESOLUTION ON THE PROPOSAL TO FORM DEVELOPMENT DISTRICT NO. 2, ADOPT DEVELOPMENT PROGRAM AND CALL FOR CONSULTATION WITH OTHER AFFECTED JURISDICTIONS AND PUBLIC HEARING MOTIONED BY SECONDED BY WHEREAS, a proposal to form Development District No. 2 under the provisions of Minnesota Statutes, Chapter 469 ("the Act"), and to adopt a development program has been received by the City Council; and WHEREAS, the Act requires that prior to formation of a Development District the City Council shall provide a reasonable opportunity to members of the County Board of Commissioners of the County of Scott and the members of the School Board of Independent School District No. 719 to meet with the City Council and that the City Council shall fully inform the members of the County Board and School Board of the fiscal and economic implications of the proposed Development District; and WHEREAS, the Act further requires that prior to the formation of a Development District and adoption of a development program a public hearing shall be held thereon. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY PRIOR LAKE, MINNESOTA, as follows: COUNCIL OF 1. That the City Manager is authorized and directed to make available to the County Board of Commissioners of Scott County and of the School Board of Independent School District No. 719 a copy of this resolution, together with a copy of the proposed development district plan, and to invite board members to meet with the City Council to discuss said proposal on the 18th day of May, 1992 at 8:00 p.m. at the City Hall. 2. That a public hearing on said plans will be held at the time and place set forth in the Notice of Hearing hereto attached and incorporated herein by reference. The City Clerk is authorized and directed to cause said Notice of Hearing to be published in the official newspaper and, if the official newspaper does not 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 have general circulation, in a newspaper of general circulation in the City at least once not less than 10 days nor more than 30 days prior to the date of hearing and to cause a copy of said notice to be mailed to Scott County and the School Board of Independent School District No. 719. Passed and adopted this day of , 1992. YES Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White NO {Seal) David J. Unmacht City Manager City of Prior Lake NOTICE OF PUBLIC HEARING ON FORMATION OF DEVELOPMENT DISTRICT NO. 2 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Prior Lake, Minnesota, will meet at the City Hall in Prior Lake, Minnesota at 8:00 p.m. on Monday, May 18, 1992, to consider the formation of Development District No., 2 and the adoption of a development program pursuant to Minnesota Statutes, Chapter 469. Such persons as desire to be heard with reference to the proposed development district and development program will be heard at this meeting. The proposed development district consists of approximately 281 acres located on either side of County Road 21 across from the Credit River industrial area. Copies of the proposed development district plan are on file in the office of the City Manager and are available for public examination. Written or oral statements will be considered. Dated: This __ day of , 1992 BY ORDER OF THE PRIOR LAKE CITY COUNCIL By David J. Unmacht City Manager HERITAGE 1891 COMMUNITY 1991 April 21, 1992 DRAFT Scott County Board of Commissioners County Courthouse 428 S. Holmes Street Shakopee, MN 55379 Attn: Cliff McCann County Administrator Dear Mr. McCann: You are invited to a public hearing of the Prior Lake City Council on May 18, 1992, at 8:00 p.m. in the Council Chambers of the Prior Lake City Hall. The purpose of this meeting is to discuss the formation of a development district to provide public improvements and promote private development in the city's proposed industrial park. These proposed improvements will be financed, in part, from revenues generated from the formation of future tax increment financing districts. The intent is to consider providing funding for the public costs and other financial incentives associated with the development of an industrial park. Since the proposed plan involves the jurisdiction, representation at the appreciated. taxable base of your meeting would be Attached to this letter is a copy of the Notice of the Public Hearing and a copy of the proposed development district plan. If you have any questions regarding the proposed development district or the proposed please contact me. formation of the industrial park, Sincerely, Dave Unmacht City Manager CITY OF PRIOR LAKE 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE 1891 COMMUNITY 1991 April 21, 1992 DRAFT Prior Lake ISD No. 719 P.O. Box 539 Prior Lake, MN 55372 Attn: Dr. Les Sonnabend Superintendent of Schools Dear Mr. Sonnabend: You are invited to a public hearing of the Prior Lake City Council on May 18, 1992, at 8:00 p.m. in the Council Chambers of the Prior Lake City Hall. The purpose of this meeting is to discuss the formation of a development district to provide public improvements and promote private development in the city's proposed industrial park. These proposed improvements will be financed, in part, from revenues generated from the formation of future tax increment financing districts. The intent is to consider providing funding for the public costs and other financial incentives associated with the development of an industrial park. Since the proposed plan involves the taxable base of your jurisdiction, representation at the meeting would be appreciated. Attached to this letter is a copy of the Notice of the Public Hearing and a copy of the proposed development district plan. If you have any questions regarding the formation of the proposed development district or the proposed industrial park, please contact me. Sincerely, David Unmacht City Manager CITY OF PRIOR LAKE 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE COMMUNITY L<rXJ.'gtO. 1891 1991 .9o f · %' .%' E RESOLUTION 92-16 RESOLUTION RECOGNIZING MARGARET O'KEEFE FOR RECEIVING AN ACCW LAY WOMEN VOLUNTEER AWARD MOTIONED BY SECONDED BY WHEREAS, the St. Paul/Minneapolis Archdiocesan Council of Catholic Women submitted 66 nominees for the ACCW Lay Women Volunteer Award; and WHEREAS, Margaret O'Keefe from St. Michael's Catholic Church has been selected as one of eight winners to receive the Award; and WHEREAS, Margaret O'Keefe has a rich history and tradition of service to the Prior Lake community; and WHEREAS, Margaret O'Keefe has provided valuable contributions to Prior Lake in many areas church, community and family activities; and volunteer including WHEREAS, Margaret O'Keefe exemplifies a fine example of "service above self" for all citizens of Prior Lake to follow. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that we do hereby thank Margaret O'Keefe for all her volunteer contributions and recognize her for the receipt of the ACCW Lay Women Volunteer Award. BE IT FURTHER BE RESOLVED, that this Resolution be presented to Margaret O'Keefe during her award reception on May 4, 1992. Passed and adopted this day of , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White {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 Church of St. Michael 16311 Duluth 4,,enue S.E., Prior Lake, Minnesota $$372 Tel. 447-2491 ~pril 6, 1992 St. Paul and Minneapolis Archdiocesan Council of Catholic Women submitted 66 nominees for ACCW LAY WOMEN VOLUNTEER AWARDS. The Committee selected eight winners who will receive their awards at the 60th Annual Conference on April 23, 1992 at the Radisson Hotel in St. Paul. Margaret O'Keefe from the Church of St. Michael in Prior Lake,MN has been selected as one of the eight winners to receive the award. St. Michael's Church and our Community is honored and proud of Margaret's accomplishments. To honor Margaret, St. Michael's Church would like to invite you to a Tea on May 4, 1992 from 7:00-9:00 p.m. in the Archangel Room (lower level) of St. Michael Church. St. Michaels Council of Catholic Women Margaret O'Keefe 3798 170th St. SW Prior Lake,MN 55372 SERVICE TO CHURCH (Parish, Deanery, Archdiocese) -Makes layettes for Catholic unwed mothers, and Missions in KY, also made Baptismal gowns for parish for several years. -Befrienders 3 years, RCIA Sponsor 3 years-Crusillo, candidate, sponsor and worker-Parish Visitor - takes Communion to shut-ins, also home made rolls -Lector ? years, Eucharistic Minister 9 years-Cooked Cana Dinners for Church-Cooks meals for Friars at Franciscan Retreat House and volunteers there wh.never and wherever needed. -1979-80, at 60 years old, did Missionary work in David, KY. -Each year at Christmas heads a drive for donations and collects clothes to send to Missions in KY. 10 years -Organized luncheon for South Deanery Day of ReflectiOn, January 1992 -Parish Council representative to ACCW and South Deanery CCW meetings for many years. BELONGS TO -Third Order Franscian -Member of Parish Bible Study Group past 5-7 years. SERVICE TO COMMUNITY -For years has made and delivered Birthday Cakes to senior citizens and shut-ins. -Visits in Nursing Homes and Hospitals-Election Judge in Prior Lake, MN for many years.-Involved in local caucus and delegate for precinct to State Convention -Past President of V.F.W. Ladies Auxiliary 1983-84-Collected clothes for men at VA Hospital in Hastings for 10 years -Worked as cook at St. Michael's School total 8 years, 6 as head cook, hel~ed as nurse for children during this time -Whatever organizations needed lunch or food she would volunteer -Helped organize and volunteers for Bloodmobile in Prior Lake -Volunteers for Meals on Wheels and drives people to hospital when needed -Past years active in Pro-Life work. -When daughters were younger leader of Camp Fire Girls 3. PERSONAL BACKGROUND Age 73 Widow since 1975 -First husband died in WWII. Moved from Kansas and went to U of M and became Registered Nurse. Met and married second husband. Lived in ~?riqg Lake Township then moved to Prior Lake where she has llvea for 28 years. PERSONAL BACKGROUND (Continued) % -Raised 7 children, ages 35 to 48. -Worked as RN for 22 years and then worked in home care. -She has 14 grandchildren and is head of the family. Will drop whatever she is doing for herself and help out her family whenever they call. Does babysitting for them. -Has family in Denver, Sioux City,Ia.; Minnetonka, St. Paul, and Minneapolis -Enjoys being with family and friends -An artificial knee and cancer hasn't slowed this marvelous woman down. She is always there to help with a smile on her face. -She has three sisters and one brother. Last year toured with her youngest sister to Spain, France, Fatima, Rome and Medjugorje 4. FAMILY ACTIVITIES -She loves her famil , makes wedding cakes, birthday cakes and decorates them ~or family functions. Loves to sew and make clothes fo[' her grandchildren. Has made drapes for her family. 5. ADDITIONAL COMMENTS She is a loving, giving and caring person. She is always involved with church activities. A worldly woman who keeps up with current events: she knows what is going on in the'-; world. She knows the community and ~eople within who are in need. When she would find someone in need she searched, and found organizations that would help. When she sees a problem she finds a solution~ if there is one. This lady has given so much of herself over the years and deserves the honor of Lay Woman Volunteer of the year. HERITAGE COMMUNITY 1891 1991 CITY OF PRIOR LAKE A PROCLAMATION TO DECLARE FRIDAY, APRIL 24,1992 AS ARBOR DAY WHEREAS: Minnesota's forest treasures were a significant attraction to early settlers because of their usefulness and the beautiful environment they provide; and WHEREAS: Trees are an increasingly vital resource in Prior Lake today, enriching our lives by purifying air and water, helping conserve energy, creating jobs through a large forest products industry, providing habitat for wildlife of all kinds, and making our cities more liveable; and WHEREAS: Human activities such as construction damage and pollution, as well as disease and insects, threaten our trees creating the need for concerted action to ensure the future of urban and rural forests in our city, state, and country; and WHEREAS: The City of Prior Lake has been a recipient of the TREE CITY USA award in the past for sound forestry management and planting practices; and WHEREAS: Each year on the last Friday in April-ARBOR DAY-the people of our city pay special attention to the wonderful treasure that our trees represent and dedicate themselves to the continued health of our city's stock of trees. NOW, THEREFORE, I, Lydia Andren, Mayor of the City of Prior Lake, do hereby proclaim Friday, April 24, 1992, to be ARBOR DAY. BE IT FURTHER PROCLAIMED, that I urge all citizens of Prior Lake to become more aware of the importance of trees to their well-being, to participate in tree planting programs that will ensure a green city in decades to come, and to plant, nurture, protect, and wisely use Minnesota's great treasure of trees. PROCLAIMED THIS 20TH DAY OF APRIL, 1992, BY LYDIA ANDREN, OF THE CITY OF PRIOR LAKE. MAYOR (City Seal) Lydia Andren, Mayor 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 RESOLUTION 92-17 RESOLUTION PROCLAIMING THE WEEK OF MAY 1 - 7, 1992 AS "RESPECT FOR LAW" WEEK MOTIONED BY SECONDED BY WHEREAS, crime and its effect upon the lives and property of our citizens is of utmost concern, and the continued efforts of our local government, citizens' organizations and individuals to curb this problem is greatly appreciated; and WHEREAS, the problems of crime touch and affect all segments of our society, and can undermine and erode the moral and economic strengths of our communities and their citizens if unabated; and WHEREAS, ~ublic awareness and determination to maintain the faith in the preservation of law and order and the appreciation of the importance of law enforcement officers and their role in preserving social order in a democracy is everyone's responsibility; and WHEREAS, Optimist clubs and their members continue to sponsor and support programs aimed at combating crime and disrespect for law through year-round efforts. NOW BE IT THEREFORE RESOLVED THAT THE MAYOR AND CITY COUNCIL do hereby proclaim the week of May 1-7, 1992 as RESPECT FOR LAW WEEK and ask all citizens of Prior Lake to join with the o~timists in carrying the message of respect for law to other citizens, and by example, exercise responsible citizenship. Passed and adopted this th day of April, 1992. YES NO Andren Andren Fitzgerald Fitzgerald Larson Larson Scott Scott White White {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 HERITAGE COMMUNITY 1891 1991 TO: Mayor and City Council FROM: Ralph Teschner, Finance Director DATE: April 6, 1992 RE: April 1, 1992 Treasurer's Report 03/1/92 FUNDS BALANCE RECEIPTS DISBURSEMENTS General (14,218.46) 263,734.50 253,621.74 Sewer & Water 71,732.72 36,801.28 76,616.43 Capital Park 28,169.05 3,137.50 0.00 Debt Service 10,214.75 180,577.18 164,045.00 Construction 9,838.61 654.57 0.00 Tax Increment 33,673.00 80.26 0.00 Equip. Acquis. 1,490.18 17,019.79 13,847.91 Trunk Reserve 19,266.81 3,897.10 0.00 04/1/92 BALANCE INVESTMENTS (4,105.70) 1,050,000.00 31,917.57 31,306.55 26,746.93 10,493.18 33,753.26 4,662.06 23,163.91 785,980.16 5,444,000.00 297,000.00 325,000.00 TOTAL 160,166.66 505,902.18 508,131.08 157,937.76 7,901,980.16 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE COMMUNITY ' 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 5 KAY SCHMUDLACH, ASSISTANT CITY MANAGER PRESENTATION FROM STAFF ON CUSTOMER/EMPLOYEE RELATIONS POLICY APRIL 20, 1992 THE INTRODUCTION: BACKGROUND: DISCUSSION: The City of Prior Lake in an ongoing program is providing training for employees to Improve skills and technical knowledge. In 1991, employees were introduced to training on customer relations. A Customer Relations Consultant, Barbara Arney was retained to facilitate our work sessions. The purpose of the training was to improve our ability to address customer needs. As a result of the training, City staff formed an employee task force to develop a customer relations policy. This Council agenda item has been scheduled to introduce the Customer/Employee Relations Policy and the employees who served on the task force to the City Council. A short presentation on the policy will occur at the meeting. The task force appointed by the City Manager includes a cross section of representatives from most departments. The employees were: Larry Anderson, Rob Boeckman, Brad Brandt, Doug Hartman, Judy Pint, Jay Scherer, Bernie Julkowski, and Kay Schmudlach. The employees met over a 9 month period developing a working policy that would address the needs of our organizatIon and community. As part of their work the task force researched other public and private organizations for customer and employee relations policies. The Customer/Employee Relations Policy is an easy to read document that clearly spells out the expectations of behavior from employees. Standards regarding responsiveness are addressed along with an emphasis on making the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 RECOMMENDATION: ACTION REQUIRED: customer comfortable with decisions. customers may not always agree with staff's decision, we endeavor to experience pleasant and informative. Although the City make the The employee relations section of the policy discusses our emphasis on team work and professionalism. The policy clearly explains each person's responsibility to the organization, and identifies a process to be used if instances occur when the behavior is not consistent with the policy. The employees of Prior Lake were introduced to this document in an all employee meeting in March. The policy was formally approved by the City Manager and distributed to employees to include in their personnel manual. The Customer/Employee Relations Policy has been presented to Council to demonstrate our commitment to open communication with citizens, and our team work model for employees. The task force should be acknowledged for their work. No formal action from the Council is reguired. Council input and reaction to the policy is encouraged. Appreciation and thanks to the task force members is appropriate. "CCA4" CITY OF PRIOR LAKE CUSTOMER/EMPLOYEE RELATIONS INTRODUCTION The following guidelines are the result of a task force effort to create a policy that will guide our philosophy in citizen and employee interactions. The Public Relations Task Force, a group of individuals representing each department within our City government, was assisted by a Public Relations Consultant. The Committee's purpose was to formulate a positive policy regarding how we deal with our customers and fellow employees on an everyday basis. Generally, the Committee determined ~hat th~ City of Prior Lake's employees are doing a good job in serving the needs of our customers and employees. The following guidelines are intended to improve both our customer service and .employee relations performance and morale. Our goal is to create an environment that demonstrates that we care about our customers and each other. ADDRESSING THE PUBLIC'S NEEDS As a City employee, one of your main responsibilities is to serve the residents of Prior Lake. It is our philosophy that every person who lives or does business in the City deserves respect, courtesy, and efficient service. You are a representative of our City government and the impression you give to the public and the work you perform reflects directly on the City as a whole and on each of your fellow employees as well. Our residents and customers deserve the same courtesy, respect, and professional service that we expect from.businesses ourselves. Courtesy, professionalism, and service are key words to keep in mind. Be prompt, friendly, public. cheerful, and courteous to the Give your full attention to the customer while listening and attempting to assess his/her problem. Take the initiative to see that the customer is served, and the responsibility to see that the issue is resolved. Do not engage in loud conversations in the lobby area that may distract fellow employees and customers. ... Be prompt in returning phone messages and customers in forty-eight (48) hours. addressing Establish an acceptable timeframe for a solution or an answer to the customer's problem. If you can't resolve the issue, try and find someone who can. Then be sure to let the individual know that you have turned the problem over to someone else and when they may expect contact or a resolution. SUMMARY Citizen interaction is important. The impression that we make through direct contacts or in telephone conversations, often determines the opinions people form about our organization and our work performance. ADDRESSING THE EMPLOYEE'S NEEDS Teamwork, attitude, and organization are essential elements in any well run operation. Strive to prevent the weight of your jobs from affecting your ?ersonality or how you deal with your co-workers. A cheerful, polite attitude makes your work easier for you and for your fellow employees as well. professionalism is equally important when dealing with employees as it is when dealing with our customers. fellow Conduct yourself in such a way that your acts, behavior, and work habits are not disruptive with respect to the work of other employees. Abusive behavior, such as angry outbursts, or rude behavior toward co-workers will distract other workers who are not even involved. If you are angry or upset with someone, take that individual aside privately and deal with the problem in a calm, rational way. Discussing the problem and getting to the true source of the irritant is a much healthier approach for everyone involved. ... Swearing and offensive language including sexist or racial remarks, are unprofessional and unwelcomed. Teambuilding is essential in developing a strong foundation on which . pOsitive and productive activit~ can flourish. Communication is very important to teambuildlng. If you are bothered or annoyed by the action of an individual, he/she cannot change the action if the person does not ~ealize the impact on you. Equally important to communication is being an active listener. Processing of information to fellow employees in a timely manner is important to accomplish your jobs. Establish deadlines jointly. Meet deadlines as expediently as possible; your promptness may be necess&~ to your assignment. Let your cannot be met. co-worker in achieving his/her co-worker know i f the deadline Volunteer your services whenever possible. Keep an open mind and try to see a situation from the other person's point of view. Treat all of your co-workers equally. essential part of a healthy, and environment. Consistency is an product ire work The basic premise of this philosophy can be summed up in the Golden Rule: "Do unto others, as you would have them do unto you." PERSONAL CHALLENGE Rules regarding conduct have been established for the protection of all employees. This policy is offered as a productive and professional means to improve our customer and employee relations skills. An evaluation of your customer/employee relations skills will be done on an annual basis during your review. Employees who observe a disregard of the Customer/Employee Relations Policy should take appropriate action. The first action should be to address the person involved in the situation. If an employee is unable to do this, he/she may contact their own supervisor to request assistance in handling the situation. If a supervisor is contacted and the issue is not resolved, the supervisor has an obligation to talk to either the employee involved or the employee's supervisor. In the event, the behavior does not Director, or the City Manager may disciplinary action may be taken. change, the Personnel become involved, and These practices and various examples of conduct are meant to be a positive and constructive guide. The guidelines are not intended to be all inclusive and are subject to modification. These examples should be interpreted in a practical, "common sense" manner. February 24, 1992 (HUMRE9) HERITAGE COMMUNITY 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 6 DAVID UNMACHT, CITY MANAGER CONSIDER DNR AMENDMENTS TO ORDINANCE 92-01 APRIL 20, 1992 EURASIAN MILFOIL INTRODUCTION: BACKGROUND: DISCUSSION: The purpose of this item is to consider the recommendations of the Department of Natural Resources (DNR) in their review of Eurasian Milfoil Ordinance 92-01. The City Council adopted Ordinance 92-01 on February 18, 1992. The DNR completed their review on March 30, 1992. Enclosed please find a copy of a letter received from Rodney Sando, Commissioner of the Department of Natural Resources and a copy of the Ordinance. The City of Prior Lake and the Prior Lake/Spring Lake Watershed District have entered into a 1992 Eurasian Milfoil Action Plan. One of the activities of the plan was to consider an Eurasian Milfoil Ordinance. The Lake Advisory Committee proceeded to develop an ordinance for City Council consideration. After discussion and public input at two Council meetings, the Prior Lake City Council adopted Ordinance 92-01. The Ordinance was contingent upon the DNR's approval. The DNR is in the process of preparing an Eurasian Water Milfoil Plan. Public comment has been received on a draft plan and the document is in the DNR "pipeline". Exotic Species Specialist, Tom Sak does not know when the plan will be implemented. It is likely the ~lan will not be ready for the 1992 boating season. Sak recommends that the Council proceed with an Ordinance for the 1992 season due to the unknown timing of the department's plan. The DNR is also in the process of receiving legislative approval for increased funding, enforcement and management authority over Eurasian Milfoil. The intent of the DNR's recommendations in Ordinance 92-01 are to be consistent with the Eurasian Water Milfoil Management Plan and legislative initiatives that are currently underway. 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: Essentially the DNR is recommending two changes in Prior Lake's Ordinance. The first change is to amend language in Section D. This change is not significant in nature. The second DNR recommendation contains a policy change from Ordinance 92-01. The recommendation is to remove the second paragraph under Section B. The removal of this ~aragraph would essential prohibit our riparian owners or leasees from access to the lake across any area identified by qualified aquatic biologists and marked for prescribed treatment with yellow Milfoil buoys as authorized ~n Minnesota Rule 6110.1500.Subdivision 7. Please recall City Council discussed this clause in detail during our discussion of Ordinance 92-01. The Lake Advisory Committee has discussed the DNR recommendation and according to Chairman Tom Watkins recommends that the City Council reconsider Ordinance 92-01 to include the amendments proposed by the DNR. Council discussion at the meeting will focus on the DNR's recommended amendments. If the City Council is interested in incorporating these amendments in City Ordinance, staff recommends that the matter be placed on the agenda for public discussion and possible action on Monday, May 4, 1992. This will provide ample opportunity for individuals to become aware of the possible changes in the local ordinance. In addition, it will provide the City staff an opportunity to research any issues identified by the City Council on the proposed amendments recommended by the DNR. Furthermore, the legislation passed by the 1992 Legislature will be available and can be evaluated for it's impact on Ordinance 92-01 prior to May 4. The alternatives are: Do not consider the amendments proposed by the DNR. Subsequently Ordinance 92-01 would not become effective. 2. Table the proposed amendments from the DNR for further staff research and consideration. Direct staff to place this the Agenda for discussion action on the May 4, 1992 meeting. Ordinance on and possible City Council RECOMMENDATIONS: ACTION REQUIRED: The Lake Advisory Committee supports Alternative #3 and recommends the City Council incorporate the amendments as identified by the DNR into Ordinance 92-01. The Committee will be available to discuss this position at the meeting. Action will very based on Council discussion. HERITAGE COMMUNITY 1891 1991 TO: ~~ke Advisory Committee FROM:,UV~avid J. Unmacht, city Manager DATE: April 6, 1992 RE: Eurasian Watermilfoil Ordinance #92-01 Enclosed please find a copy of a letter received from Rodney Sando, Commissioner of the Department of Natural Resources (DNR). In addition, attached is a copy of the City of Prior Lake's Eurasian Watermilfoil Ordinance #92-01 for your reference. The DNR has responded to the City of Prior Lake's Eurasian Watermilfoil Ordinance. Prior Lake's ordinance is approved subject to two amendments with one having substantive implications. The major change to our ordinance identified by the DNR is a deletion of the second paragraph under Section B. The City Council and Lake Advisory Committee discussed this language in detail during the approval process of the ordinance. The DNR is recommending that this paragraph be removed in order for us to receive approval of our ordinance (please see Sando letter). Please review the material enclosed. In addition, please contact Tom Watkins at 447-2925 by Friday, April 10, 1992. Please inform Tom of your position with respect to the recommendations contained within the DNR's approval letter. Tom will summarize the information and report to me so I can prepare a formal response to the Prior Lake City Council. It is my intention to place this item on the agenda for further Council discussion as soon as possible. If you have any questions, please contact either Tom or myself. cc: Mayor and City Council Jerry Meysembourg, Watershed District Bill Nevin, Scott County Sheriff 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 STATE OF EPARTMENT OF NATURAL RESOURCES 500 LAFAYE'i-rE ROAD, ST. PAUL, MINNESOTA 55155-4037 OFFICE OF THE DNR INFORMATION COMMISSIONER (612) 296-6157 March 30, 1992 Mr. David J. Unmacht Prior Lake City Manager 4629 Dakota St. S.E., Prior Lake, MN 55372 Dear Mr. Unmacht: The Water Surface Use Task Force has completed a review of the Eurasian watermilfoil ordinance (#92-01) sUbmitted by the City of Prior Lake regarding Prior Lake. The ordinance precludes the use of the lake surface where Eurasian watermilfoil has been identified by qualified aquatic biologists and duly marked with yellow milfoil buoys. The Department is keenly aware of the Eurasian watermilfoil infestations on various waterways in the state and is seeking legislation to assist in arresting its spread. We appreciate the innovative efforts that Prior Lake is making in controlling this nuisance. Based upon our proposed Eurasian watermilfoil management plan, however, we would recommend that you revise your ordinance to exclude all watercraft traffic through marked Eurasian watermilfoil beds while they are under treatment. This position has also been adopted by the Minnesota Lake Management Federation and the Minnesota Shoreland Owner's Association. With this change in mind, I hereby approve this ordinance regarding Prior Lake subject to the following amendments: · Delete the paragraph under section (B) that gives riparian land owners or lessees permission to travel to and from their property to open water. · Amend the language in section (D), second sentence to read: "The City of Prior Lake, the Scott County Sheriff's Department and the Department of Natural Resources will review their experience with the Ordinance and, based upon that, the City will consider amendments to conform with the adopted DNR Eurasian watermilfoil plan and any appropriate legislation on this matter for the 1993 boating season." AN EQUAL OPPORTUNITY EMPLOYER -2- It is the responsibility of the City of Prior Lake to mark the public accesses with signs and notify the riparian property owners of the conditions of this ordinance. Buoys used to mark milfoil beds must conform to Minn. Rules 6110.1500, Subp 7. After the City of Prior Lake has adopted the ordinance, please send a final copy to: Otto A. Christensen, Boating Staff Specialist, Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155-4046. For assistance and direction in placing signs at the DNR accesses, please contact: Gordon Kimball, Metro Region Trails and Waterways Supervisior at 772-7936 prior to any sign placement. If you have any questions or run into any problems over the summer, please contact Otto at (612) 297-5708, and he will be glad to assist you. Thank you for your interest in boating safety and Eurasian watermilfoil control. Yours truly, Commissioner CC: Acting DNR Region VI Administrator Kim Elverum, Boat and Water Safety Coordinator Scott County Sheriff's Dept., Attention: Deputy John Grover Randy Evans, DNR Enforcement Services Supervisor Paul Rice, Region VI Enforcement Supervisor Gordon Kimball, Region VI Trails and Waterways Coordinator Mike Markell, Supervisor, Water Recreation, Trails and Waterways Peder Otterson, Supervisor of Shoreland Management, Division of Waters 'libor Gallo, Special Assistant Attorney General Duane Shodeen, Region VI Fisheries Supervisor Tom Sak, Exotic Species Specialist Jay Rendail, RIM Coordinator HERITAGE 1891 COMMUNITY 1991 February 20, 1992 Mr. Otto Christiansen Boating Staff Specialist Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155 Dear Otto, On Tuesday, February 18, 1992 the Prior Lake City Council adopted Ordinance 92-01 relating to Eurasian Water Milfoil. A copy of the executed ordinance and appropriate Council meeting minutes are enclosed for your review. We appreciate your consideration and evaluation of our ordinance. If I can be of further assistance in processing the ordinance, please contact me. I would like to take this opportunity to thank you for your advice and information in the development and preparation of Ordinance 92-01. I would also like to thank you for attending the City Council meeting on February 3 to address issues which were raised through the discussion. I look forward to hearing from you. Si: ci c] Lcere ly, :y Manager y of Prior Lake DJU:db cc: Bill Nevin, Scott County Sheriff 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 CITY OF PRIOR LAKE ORDINANCE NO. 92-01 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 9-3 The Council of the City of Prior Lake does hereby ordain: A new section 9-3-10 is hereby added to Prior Lake City read as follows: I Code to 9-3-10 EURASIAN WATER MILFOIL The growth of eurasian water milfoil in the waters of the City of Prior Lake affects the public health, safety and welfare by contributing to the deterioration of public waters and reduction of the economic and natural value of such waters. The City of Prior Lake has determined that regulations and ~enalties relating to the introduction and control of eurasian water milfoil are necessary to protect the waters of the City. (A) A person shall not place a trailer or launch a watercraft with eurasian water milfoil attached into any water bodies within the City of Prior Lake. (Applicable law, M.S. 18.317 Sub. 3.) (B) A person shall not anchor or operate a watercraft within any area identified by qualified aquatic biologists and marked for prescribed treatment with yellow milfoil buoys as authorized in Minnesota Rules 6110.1500. Sub.7. 3~~ r However, riparian land owners or lessees may use the-- ~ ~ shortest and most direct route causing the least amount ~6~~. ! of cutting of milfoil plants in a marked area, when '-'~'w~_.~|traveling~ to and from their property to open water, provided that they operate at a slow no wake speed (by definition, not to exceed 5 miles per hour). (C) Enforcement, emergency, resource management and other government personnel or contractors are exempt from this ordinance when performing official duties or authorized work as prescribed in Minnesota Rule 6110.1200, Sub. 2, Para. 3. (D) ~The Department of Natural Resources is in the process of developing an eurasian watermilfoil management plan, subsequently, the provisions of Ordinance 92-01 will s~nset on December 31, 1992. The City of Prior Lake, Scott County Sheriff's D~partment and Department of Natural Resources will review our experience with the Ordinance and, based on our experience and the DNR's plan, take appropriate action for the 1993 boatin~ season. II The present Section 9-3-10, is hereby renumbered as Section 9-3-11, and amended to read as follows: 9-3-11: PENALTY Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days, and costs. This ordinance shall be come effective from and after its passage and publication. Passed by the City Council of Prior Lake this Februar~ , 1992. 18th day of ATTEST: Ci~r~a~ager Drafted by: David Unmacht City Manager City of Prior Lake 4629 Dakota Street S. E. Prior Lake, MN 55372 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 7 HORST GRASER, DIRECTOR OF PLANNING CONSIDER FINAL PLAT AND DEVELOPER'S AGREEMENT FOR WOODRIDGE ESTATES FIRST ADDITION APRIL 20, 1992 INTRODUCTION: BACKGROUND: DISCUSSION'. Woodridge Estates Development, a Minnesota partnership has filed for final plat and developers agreement approval for the first phase of development of Woodridge Estates. The final plat is being filed in accordance with Sections 6-5-1 and 6-7 of the Subdivision Ordinance. The principle requirements for final plat approval include a signed developers agreement with surety for the installation of utilities and streets and the satisfactor~ completion of all preliminary plat contingencies. The preliminary plat was approved by the City Council on September 3, 1991, with extensive contingencies. The 70 acre single family development is scheduled to be completed in three phases totalling about 50 lots in each phase. There are 156 lots in the subdivision. Although the preliminary plat contingencies were extensive, all have been satisfied or accounted for in the developers agreement. The majority of the park dedication has been satisfied with land. The rest of the dedication is being satisfied with cash in lieu of land which totals $375.00. A new format for the developers agreement was prepared BY Larry Anderson and is attached for your review. The agreement specifies the developer will install all utilities, streets, and be responsible for all other improvements as specified by the subdivision ordinance. Mike Giles, a . partner in Woodridge Development, has signed the agreement. The developers agreement requires that a letter of credit be provided for security. The developer has requested that the letter of 4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 ,' Fax (612) 447-4245 AN EQUAL OPPORTUNITY F~ViPLOYER credit be provided along with his payment to the City as a contingency to final plat approval. This is acceptable to Staff. In addition the city owes the developer money and no checks will be exchanged until the final lat approval. The developer owes the City 174,902.00 and the City owes the developer $103,877.00. The majority of the amount the City owes is reimbursement for storm sewer as a result of the storm water management fee. For all financial details please refer to the agreement. The first phase of the development includes 46 lots all of which meet or exceed the minimum zoning standards. The final plat for the first phase has been reviewed by Staff and found to be in substantial compliance with the preliminary plat. ALTERNATIVES: Approve the final plat of Woodridge Estates First Addition contingent upon the following items being completed prior to the release of the final plat: a. $375.00 park dedication be paid. b. $174,902.00 developers agreement to be paid. c. Provide required letter of credit. Approval of the attached developers agreement. 2. Deny the final plat. 3. Continue the purposes. final plat for specific RECOMMENDATION: Alternative number 1. ACTION REQUIRED: Motion to approve the final plat of Woodridge Estates First Addition contingent upon the item listed in #1 above. A second motion to approve the developers agreement is also in order. CONTRACT FOR DEVELOPMENT OF LAND IN THE CITY OF PRIOR LAKE, MINNESOTA THIS AGREEMENT, made and entered into this 20th day of April , 19 92 , by and between the City of PriorLaXe, a municipal corporation organized under the laws of the State of Minnesota and Woodridqe Development , a Minnesota Partnership. WITNESSETH THAT: WHEREAS, Developer is duly organized to do business in the State of Minnesota and owns the Property within the City of Prior Lake; Scott County, Minnesota, and WHEREAS, Developer desires to develop the Property; and WHEREAS, Developer has made application to City Council for approval of the plat of the Property; and WHERAS, the City has granted preliminary plat approval to the Woodridqe Estates Subdivision, on the condition that, among other things, Developer enter into this Agreement to provide for installation of Developer improvements and all other improvements hereafter described all on the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of these premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. DEFINITIONS; RULES OF INTERPRETATION AND EXHIBITS. In this Agreement the following terms shall have the following respective meanings unless the context hereof clearly requires otherwise: a. "Agreement" means this Contract for Development of Land in the City of Prior Lake, Minnesota, by and between City and Developer Woodridge Development as the same may be from time to time modified, amended or supplemented. b. "Cash Escrow Deposit" means a cash deposit with the City Finance Director in the amount of $ zero (125% of Cost of Developers Improvements). c. "City" means the City of Prior Lake, a governmental subdivision of the State of Minnesota. d. "City Attorney" means the City Attorney of the City of Prior Lake. e. "City Council" means the Prior Lake City Council. f. "City Engineer" means the City Engineer of the City of Prior Lake. "Sewer and Water Improvements" means sanitary sewer and water laterals or extensions including all necessary building services in accordance with the policies and ordinances of City as City may adopt from time to time. t. "Storm Sewer Improvements" means storm sewers, catch ~b_as~i_ns_,__i_nl_e_ts_a.nd o_.t.her_ap~urten.ances when determined u~ m= ~,~=~ssary Dy Cl=y ~.nglneer in accordance with the policies and ordinances of City as City may adopt from time to time. u. "Street Improvements" means street grading, graveling and stabilizing including construction.of boulevards and turf establishment in accordance with policies and ordinances of City as City may adopt from time to time. v. "Subdivision" means the division of a parcel of land into two or more lots or parcels by any means including platting, registered land survey and conveyance by metes and bounds. Where appropriate to the context, "subdivision" shall relate to the process of subdividing or to the land to be subdivided. w. "Traffic Signing Improvements" means standard street name signs at all newly opened intersections and such other traffic control signs within the Subdivision determined to be necessary by City Engineer in accordance with the policies and ordinances of City as City may adopt from time to time. x. "Unavoidable Delay" means Acts of God, casualties, war, civil commotion, embargo, riots, utilities, energy or fuels, litigation in regard to the Subdivision by third parties, failure after diligent effort to obtain required environment or other approvals, authorization or permits, any acts or omissions of any governmental authority with jurisdiction, (other than the City), and all other causes of events which are beyond Developer's or City's control. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than to any particular section or subdivision heregf. Reference herein to any particular section or subsection hereof are to the section or subsection of the Agreement as originally executed. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience of reference only and shall be disr~ggrded if construing or interpreting any of its provision. The following exhibits are attached hereto and by reference made a part of this Agreement: Exhibit A - Cost of Developer Improvements, Pages i - 5 Exhibit B - Letter of Credit, Page i Exhibit C - Property Identification, Page i Exhibit D - Developer and City Cost Summary, Pages 1 - 4 Exhibit E - Special Conditions, Page i DEVELOPER IMPROVEMENTS Developer shall construct and install, at Developer's expense (except as hereinafter provided), the Developer Improvements, in accordance with the terms of this Agreement, the policies and ordinances of the City, as City may adopt from time to time, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations) and according to the plans, specifications, drawings and related documents submitted to and approved by City Engineer for the Subdivision prior to commencement of any construction and final plat approval. The plans, specifications, drawings and related documents shall be prepared by a Registered Professional Engigeer subject to review and written approval by City Engineer. Changes in plans, specifications, drawings and related documents will only be permitted if the revised plans, specifications, drawings and related documents are submitted to and approved in writing by City Engineer prior to making any of the contemplated changes. On or before the date hereof, Developer shall pay to the City a fee equal to 6% of the estimated developer project cost as determined by the City Engineer to cover the costs of City in preparing and administering this Agreement. Developer shall provide and maintain erosion control in compliance with the Minnesota Construction Site Erosion and Sediment Control Planning Handbook developed by the Board of Water and Soil Resources. On or before the date hereof, Developer shall furnish to the City the Letter of Credit or Cash Escrow Deposit at City's sole option. Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary Sewer Improvements and Watermain Improvements shall be completed by the First Completion Date. Permanent Street Improvements and Traffic Signing Improvements and all other Developer Improvements as per plans and specifications shall be completed by the Second Completion Date· Noncompliance with either the First Completion Date or the Second Completion Date will cause the Letter of Credit or Cash Escrow Deposit to be called on, unless an extension of time is granted by city Engineer in his sole and absolute discretion. Developer, through Developer's Registered Professional Engineer, shall inspect, on a daily basis, the Developers Improvement during the construction of the Developer Improvements. Developer shall make reports to City, in such detail and at such times as may be requested by City, as to the progress of Developer with respect to construction of the Developer's Improvements. Developer shall allow representatives of City to enter upon the Property during the construction of the Developer Improvements to inspect such construction. Developer shall deliver to the City Engineer as-built drawings with service and value ties on reproduceable mylar together with a written certification from a Registered Civil Engineer that all improvements have been completed, inspected and tested in accordance with the approved plans, specifications, drawings and related documents on file with the City Engineer within One-Hundred Twenty (120) days after the completion of the Developer Improvements. DEVELOPER REPRESENTATIONS. Developer represents and warrants that neither the executlon and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or a compliance w~th 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 Developer, or evidence of indebtedness, agreement or instrument of whatever nature to which Developer.is now party or by which it is bound or will constitute a default under any of the foregoing. Developer further represents and warrants that Developer will cooperate with City with respect to any litigation commenced with respect to the Property or the Developer Improvements. Developer represents and warrants that the Developer Improvements will conform to all laws, regulations and ordinances of all local, state and federal government authorities. 5 4. OVEI~SIZlNG City and Developer agree that the Develo?er Improvements should be oversized for the benefit of future development. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $103~877.00 based upon an estimate as determined by the City Engineer. Developer shall pay City upon demand the Trunk Oversizing Costs per the schedule outlined in the City's Assessment Policy. These rates are as follows: S&W Acreage (Residential) Trunk Storm Sewer (Residential) ~2~750.00/net acre. 16.8 cents/net sq. ft. Developer waives any and all claims, assertions, causes of action, in law or in equSt~, as to the costs and/or determination of said overslzlng allocated to Developer, calculations and/or determinations of them, as made by or on behalf of City or all "oversizing" r~quirements of Developer as may be specified and contained in this Agreement or attachments hereto. The parties acknowledge and agree that the fees and costs allocated to City and Developer, as set forth herein and any exhibits hereto, may be based upon estimated costs made by or on behalf of ~ity. However, the cost of the oversizing, as estimated by or on behalf of City, is binding upon City and Developer. INSURANCE. On or before the date hereof, Developer and its contractors shall procure and maintain or cause to be maintained during the term hereof, at its sole cost and expense, the following types of insurance in the amounts specified and in the form provided for below: Comprehensive general public liability insurance against claims for bodily injury, death or property damage occurring upon or in the Property and the improvements, such insurance to afford protection to a combined single limit of not less than $2,000,000.00 with respect to death or injury to any one or more persons and 91,000,000.00 with respect to property damage. Insurance term shall expire at the conclusion of the warranty period. Workers compensation insurance, with statutory coverage. Such other insurance in such amounts as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure. The policies of insurance required hereunder shall be taken out and maintained with responsible insurance companies licensed to transact business in the State of Minnesota. Certificates evidencing such insurance shall be furnished to City upon commencement of construction of Developer's Improv~..s. Each policy shall contain a provision that the insurer shall 9ive not less than 30 days advance written notice to City in the event of cancellation of the policy, non-renewal or chanqes affectin9 the coveraqe thereunder. City shall be named as an additional named insured under all policies required to be maintained by Developer and executed copies of all such policies of insurance or certificates thereof shall be delivered to City promptly upon their issuance'and thereafter until 30 days prior to the expiration of the ter~ of each such policy. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and · aintained by Developer in like manner and to like extent. STREET MAINTENANCE DURING CONSTRUCTION. Developer shall be responsible for all street maintenance until the Subdivision is accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. Developer shall be responsible for keeping streets within and without the Subdivision swept clean of dirt and debris that may spill or wash onto the streets The Developer shall daily clean streets of ~nddirt debris which has resulted from construction work by the Developer and its agents or assigns. ACCEPTANCE OF SUBDIVISION AND DEVELOPER IMPROVEMENTS. City will accept the Subdivision which has been completed in accordance with the provisions of this Agreement, the policies and ordinances of City, as City may adopt from time to time, and all local, state and federal laws and regulations. Developer shall furnish certificates of completion for the completed Subdivision certifying that the work has been completed in accordance with the terms of this Agreement and shall also furnish mylar "as-built" reproduceables for all phases of construction included in this Agreement. Prior to acceptance of the completed Subdivision by the City Engineer, Developer must furnish to City a Letter of Credit guaranteeing satisfactory performance of the Developer Improvements in an amount equal to 25% of the original cost of the Developer Improvements whlc~--~ shall be in force for one year following acceptance of the Developer Improvements. In addition, Developer must furnish to the City the following affidavit: a. "Registered Professional Engineer's Certificate" certifying that all construction has been completed in accordance with the terms of this contract. Upon receipt and approval of the affidavit by Engineer, the public utilities improvements accepted by the City. the City shall be Developer shall furnish a progress schedule construction of the Developer Improvements. for acceptance of the Developer Improvements made in writing by Developer. for the Requests shall be Warranty Period shall begin effective the date that the City Eggineer accepts, in writing, the Registered Professional Engineer's Certificate. RELEASE, HOLD HARMLESS. Developer releases from and covenants and agrees that City and the governing body members, officers, agents, servants and employees thereof (hereinafter for purposes of this paragraph, the "indemnified parties") shall not be liable for and agrees to indemnify and hold harmless the indemnified pa~t%es against any loss or damage to proper~y or any ln]ury to or death of any person occurring at or about or resulting from any defect in the Property or Developer Improvements. DEFAULT. Whenever an Event of Default occurs, City may one or more of the following actions notification: take any without a. City may suspend its performance under the Agreement. be de City may cancel and rescind this Agreement. City may draw upon any guaranty, the Cash Escrow Deposit, and/or Letter of Credit provided to City pursuant to any of the terms of this Agreement according to their terms. City may take whatever action, including legal or administrative action, which may appear necessary or desirable to City to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement or covenant of Developer under this Agreement. e. City may suspend issuance of Building Permits on Developer's lots. 10. NON-DISCRIMINATION. The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title i of the Prior Lake ~ity Code as may be modified, 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 Developer agrees to comply therewith. 11. 12. ASSIGNNENT. Developer represents and agrees for itself, its successors and assigns that Developer has not made or created and that it will not make or create or suffer to be made or created any total or partial sa~e, assignment, conveyance or any trust or power to trans£er in any other mode-or form of-or with respect to this Agreement or in Developer without the prior written approval of the City. GENERAL. The terms and provisions hereof be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of any or any part of the Subdivision and shall be deemed covenants running with the land. If there be more than one developer, references herein to Developer shall mean each and all of them. This Agreement, at the ~ption of City, shall be placed of record so as to give notice hereto to subsequent purchasers and encumbrances of all or any part of the Subdivision. All recording fees, if any, shall be paid by the Developer. 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 the above. The address of the parties are as follows, until changed by notice given as above: If to City: City Engineer City of Prior Lake 4629 Dakota Street SE Prior Lake MN 55372 With a copy to: Glenn R. Kessel Lommen, Nelson, Cole & Stageberg 1800 IDS Center 80th South 8th Street Minneapolis MN 55402 If to Developer: Michael Giles Woodridge Development 10165 Jamaica Court Lakeville, MN 55044 Where this Agreement or any provision hereof makes the time of performance subject to Unavoidable Delay, the time or times for such performances shall be extended for the ~eriod of such Unavoidable Delay, prov%d~d, that the parties seeking the benefit of the provisions of this section shall, within 5 days after the beginning of any such Unavoidable. Delpy, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of such delay. 9 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. Failure of either party at an Y to require performance of any provis~on of this Agreement shall not affect its right to require full performance thereof at any time thereafter and.the waiver by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision. This Agreement may be simultaneously executed in several counterparts, each o~ which shall be an original and all of which shall constitute one and the same Instrument. Whenever an Event of Default occurs and City shall employ attorneys or incur other expenses, including employment of experts, for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of Developer herein contained, Developer agrees that it shall, on demand therefor, pay to City the reasonable fees of such attorneys and such other expenses so incurred by City. Developer agrees to hold harmless, indemnify and defend City and 1ts employees against any claims or actions brought as a result of Developer's performance under this Agreement or as a result of alleged actions or omissions on the part of Developer, its employees or agents. IN WITNESS WHEREOF, Agreement to be duly written. City and Developer have caused this executed on the day and year first above Approved by the City Council APPROVED AS TO FORM: By Glenn Kessel CITY OF PRIOR LAKE: By Its Mayor By Its City Manager on the 20th day o~, 1992. By Michael G1 s ~artner/~ _ _ ~J~e~ah~ney '/Partner Partner By {,.~' Arlo Rhoads Partner [This Agreement must be signed by all parties having an interest in the Property.] 10 GUARANTEE Woodrid e Develo ment and all its partners hereby unconditionally guarantee the performance .of e~_ and every covenant and obligation of Developer under this Ag en Pa{lr)t:ne r . ~rtner ~ _~ep~Friedg~es Partner ~ Arlo' Rhoa~s Partner STATE OF MINNESOTA) } SS: COUNTY OF SCOTT ) with and for said'County personally appeared and to me personally known, being each by me duly sworn did say that they are respectively the and the of the City of Prior Lake,--~e municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the cor]~orate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council and said and acknowledge said instrument to be the free act and deed of said municipal corporation. Notary Public DRAFTED BY: 11 NO. DATE: TO: CITY OF PRIOR LAKE 2649 DAKOTA STREET SE PRIOR LAKE MN 55372 Dear Sir or Madam: We hereby issue, for the account and in your favor, our irrevocable Letter of Credit SB No. in the amount of~~------bavailable to you by your draft drawn at sight on the u ank. The Drafts must: A. Bear the clause, "Drawn under Letter of Credit No. SB__ dated 19 , of B. Be signed by the Mayor or City Manager of the Prior Lake. City of C. Be presented for payment at This Letter of Credit is automatically renewable without amendment for an additional one year period from the present expiration date or any future expiration date, unless ninety (90) days prior to said expiry date we shall notify you in writing, by registered mail, that we have elected not to renew this Letter of Credit, but in no event shall the expiry date extend beyond 19__. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 290. We hereby engage with drawers and/or Bona Fide Holders that drafts drawn and negotiated in conformity with the terms of the Credit will be duly honored upon presentation. 12 e3/27/1~3 2~:410 P~E: e3 .--.. --. EXH~T 'A' ~r-~ CHARLES W. PLOWE '-- " CONSULTING ENGINEER PRELJMINARY COST.ESTIMATE 2725 g4th Ave... 78.C'-/0'f..-.-3 WORK SHEET Brooklyn Park. MN 5544~ (Ph eg~-4G6~) CHARLES W. PLOWE CONSULTING ENGINEER PRELIMINARY COST.ESTIMATE 272s ~,,h ^ye... ~.,-. ,o4 ~ WORK SHEET Brookl, rn Part(, MN 55444 (Ph-499-46G~ k). e3/27/8(J 27.: 27' p~('.c e3 CHARLES W. PLOWE PREUMtNARY COST.ESTtMATF.. CONSULTING ENGINEER 2725 g4th Ave. N. ')lr-.,a4.1, WORK SHEET 3 E~TIMATE & AGREEMENT i ' Ar~l ~" -; .-'~ Tfl~l, o( milerini to be furn"~ e~ ~n~ll~ Tor.~Oel/~ Unit ~. Yd~ I 'D~pth ~ . 4nd/O~ Jo~ce 10 be ~tO~e~' m~'~bl to ~ Inl~l~ ~CI Tot~ : X~O SY ~ ~EH ~K ~D ~I~ ~[ ~q ~. 1.75 ~,275.~ ..Tl¥. e "[sUmate & Aomement', &nd at~ched fo,'~ mu~ ~ mede pa~.an~ ~a~l ~ any c~b~t a{r~m~t into wh~h ~.~rm 2~1 11,72.~ ~d~ ~lying to "EeOma~ A kgr~enf' and d ~n~t 8 Price LI. ~ Male pta I~ plr~ ~ ...~ · ~~, , ~ · ·. CHARLES W. PLOWE CONSULTING ENGINEER PRELIMINARY COST ESTIMATE. g,~o ..,~,~o~, ^,,e ~ £ WORK SHEET Circle Pines, MN 55014 (Pt~ 785-1043) b ! l "WOODRI" EXHIBIT D DEVELOPER AND CITY COST SUMMARY The following is a summary of developer and Woodridge Estates First Addition. city costs for DEVELOPER COSTS 6% Administration Fee Trunk Sewer & Watermain Fee Stormwater Management Fee Street Signs Annexation Agreement DEVELOPER OWES CITY $ 21,526 38,506 102,470 200 ..11,500 $174,902 CITY COSTS Watermain Oversizing Sanitary Sewer Oversizing Toronto Avenue 9 Ton Oversizing Storm Sewer Cost CITY OWES DEVELOPER $ 1,190 3,734 5,772 93,181 $103,877 WOODRIDGE ESTATES FIRST ADDITION The following is an itemization of the project costs: ITEM Sanitary Sewer Watermain Street Storm Sewer TOTAL COST 82,626.00 74,698.00 118,963.00 93~181.00 $369,468.00 The City of Prior Lake requested the Developer construct Toronto Avenue to a nine (9) ton design instead of a seven (7) ton design. The City of Prior Lake's oversizing cost is as follows: 720 ft (39 ft)/(9 sq ft/sq yd) ($1.85/sq yd) = $ 5,772 Determine 6% Project Administration Fee Total Construction Cost Minus Trunk Sewer & Watermain Oversizing Cost Minus Nine (9) Ton Road Oversizing TOTAL Developer 6% Administration Fee $369,468 < 4,924> < 5,772> $358,772 $ 21,526 Determine Developer Trunk Sewer & Watermain Fee; net lot area is 609,938 sq. ft. $2750/AC (609,938 sq ft)/43,560 sq ft/AC = $ 38,506 Determine Developer Stormwater Management Fee; net lot area is 609,938 sq. ft. $.168/ sq ft (609,938 sq ft) $102,470 Determine Amount of Letter of Credit Project Cost Minus Grading Security For Storm Sewer 125% TOTAL $369,468 < 11,528> $357,940 $447,425 Amount City owes Developer for Storm Sewer Improvements: $ 93,181 Amount Developer owes for Street Name Signs 4 signs @ $50/sign 200 Amount Developer owes per Annexation Agreement: City Cost and Attorney's fees TownshiD Costs and Attorney's fees Townshi~ "in lieu of real estate taxes" $ 2,000 1,500 8tO00 TOTAL $ 11,500 The Developer is installing the sanitary sewer deeper, and providing an eight inch in lieu of a six inch watermain to provide future service to the Stassen.p~operty. The following is an itemization of the costs for overslzlng to be paid by the City. QUANTITY UNIT RATE AMOUNT SANITARY DESIGN Developer Responsibility 8" PVC SDR35 (0-8) 168 8" PVC SDR35 (8-10) 64 8" PVC SDR35 (10-12) 121 M.H. Extra Depth 3.12 (Over 8') CITY'S RESPONSIBILITY 8" PVC SDR35 (0-8) 65 8" PVC SDR35 (8-10) 100 8" PVC SDR35 (10-12) 37 8" PVC SDR35 (12-14) 6 8" PVC SDR26 (12-14) 38 8" PVC SDR26 (14-16) 36 8" PVC SDR26 (16-18) 44 8" PVC SDR26 (18-20) 27 M.H. Extra Depth 13.68 (Over 8') M.H. Drop Section 7.88 Dewatering L.F. $ 11.16 $1,874.88 L.F. 11.16 714.24 L.F. 11.69 1,414.49 L.F. 73.00 227.76 TOTAL: $4,231.37 L.F. $ 11.16 $ 725.40 L.F. 11.16 1,116.00 L.F. 11.69 432.53 L.F. 12.74 76.44 L.F. 13.63 517.94 L.F. 15.24 548.64 L.F. 20.38 896.72 L.F. 20.38 550.26 L.F. 73.00 998.64 L.F. 139.95 1102.81 Lump Sum 1000.00 TOTAL $7965.38 CITY COST DEVELOPER COST SANITARY SEWER OVERSIZING COST $7965.00 4321.00 $3734.00 qUANTITY UNIT RATE AMOUNT WATERMAIN 6" DIP Watermain 8" DIP Watermain 500 L.F. $ 11.57 500 L.F. 13.95 CITY COST DEVELOPER COST WATERMAIN OVERSIZING COST $5785.00 6975.00 $6975.00 5785.00 $1190.00 Oversizing cost to be paid for by the City for Sanitary Sewer and Watermain. $3734.00 + $1190.00 = $4924.00 EXHIBIT E SPECIAL CONDITIONS The developer agrees to the responsibility for 50% of the costs of the Mushtown Road improvements to be constzn/cted with the last phase of the development. The last phase will be a minmum of 40 lots. The developer's share is for a 36 foot urban road section with a 7 ton design. The City may design a wide road with a 9 ton design. The developer will construct the section of roadway with the last phase of Woodridge Estates. The developer will maintain the temporary sedimentation basins in the first phase until 90% of the lots in the first phase have turf established. The developer is responsible for the installation of street lighting, The street lighting system shall be approved by the City Engineer prior to installation. HERITAGE COMMUNITY 89! 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 8 DAVID UNMACHT, CITY MANAGER CONSIDER OFF SALE LIQUOR LICENSE APPLICATION OF THOMAS KOWALSKY, ENTERPRISES, INC. APRIL 20, 1992 TRANSFER KOWALSKY INTRODUCTION: BACKGROUND: RECOMMENDATION : ALTERNATIVES: ACTION REQUIRED: The City of Prior Lake has received an Off Sale Liquor License Transfer Application. The application is requesting a license transfer from Gast's Wine & Spirits to Thomas Kowalsky, Kowalsky Enterprises, Inc. The Police Department has conducted an investigation and the Liquor Committee has met to review the license transfer application. Enclosed please find a copy of related application material. Thomas Kowalsky, 13240 Webster Avenue in Savage, is in the process of purchasing the business Gast's Wine & Spirits. If successful, the new name of the business will be Gateway Wine and Spirits. The Police Department investigation has been completed and the appropriate investigation fee has been paid. All ~ermit applications have been received or will be received and reviewed by staff prior to the Council meeting. The recommendation from the Liquor Committee is to approve the Off Sale Intoxicating Liquor License transfer from Gast's Wine & Spirits to Kowalsky Enterprises, Inc. The City code requires the public an "opportunity... to be heard for or against the granting of a license". Subsequently, prior to Council action, a period of public input should be provided. The alternatives are as follows: 1. Approve the Liquor License Transfer Application. 2. Deny the Liquor License Transfer Application. Table the Liquor License Transfer Application for further information. Will very based on Council discussion. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 LICENSE AIHaL leANT: Pursue~t to ninnesote Statute 270.?~ lex Clearance; Issuance of Licenses, ~e l icensi~ i~rl~y Is reQ~ireO ~o DrOvt~ ~O ~ fl~eto~l C~ltsl~er of Revenue ~r ,lnnesotl ~slness tax IOentlflcltl~ ~r I~ ~e soclll Security n~r of eecn license eDDllcen~. Un~er the ninnesote Governnent Data Practices Act enO.the FeOerel Privacy Act of 1974, we are reaulrea to advise you of rrm following regeralng the use of this Infornmtlo~: e This Information may De used to Deny the Issuance, reneval or transfer of your license In the event you o~e the Minnesota Deoertment of Revenue DelinQuent taxes, ~enaltles Or interest; Upon receiving this information, the licensing authority wtll luDDJy It Only tO the Minnesota Deoartment of Revenue. ~owever, under the Feaeral Excl~ange of Information Agreement the Department of Revenue may suoply this information to the'Internal Revenue Service; Failure to SUPPly this information may Jeooaraize or Delay the processing o¢ your licensing lnsuance or renewal a~ltcatlon. Please SUPPly the following inFor~atlon and return along with your a~lication to the agency issuing the license. IX) NOT RETURN TO THE DEPARTMENT OF REVENUE. I LICE,SING AUTHORITY: ?~r 1~ (name Of City. county or state agency Issuing license~ LICENSE RENEWAL DATE: Aoolicant's I~me: Aoollcen:'s Aaoress: BUSII~SS INFORR&TION (If al~llcaOle)~ Business Na~e: Business ADDress: Zio CoDe 1 City State Zlo Ceee Minnesota Tax loentiflcatlon No.: FeDeral Tax IDentification No.: If a/~innesota Tax IDentification number Is not reQulreO, please explain onyreverse side. SIOnature I Position (Officer, Partner, etc.) Date MINN)'~(JIA Ut:PAl'll Mt:hi i vr i-ur)t.l~, o~rc i y LIQUOR CONTROL DIVISION ROOM 440 333 SlBLEY STREET ST. PAUL, MN $$101 PHONE 812-3"~-4159 APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE OR THE RENEWAL OF AN OFF-SALE INTOXICATING LIQUOR LICENSE Pb ~ 1,,J43 APPLICATION TYPE CHECK ONE 1' NEW OR TRANSFER COMPLETE SECTIONS 1, 2 and 4 RENEWAL -- COMPLETE SECTIONS 1, 3 and 4 IF NAME AND ADDRESS SHOWN ARE NOT CORRECT. MAKE CHANGES IN SPACES BELOW. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. Applicant's Name (Individual, Corporation. Pa~ner~hip) !Trade Name or DBA L~Ce~se LocatiOn (Street AddreSs Lei & BIo~k No.) License Period ; , Applicanl's Home Phone ' , /, ,'/5 From I To MuniqPality County State Zip Code Name of Store Manager . L BUSiness Phone Number '" D~ie o! Birth (Individual A~plicant) If a corporation, state na~e, date of bi,h, address, title, and shares held by each officer. .If a pa~nership, state names, address and date of bi~h of each pa~ner. ~ner Off,er D O B ~mess Cdy Title Shares ~r ~er ' ~ t D O S ~ress C~y ~ ' '~ Title Shares ~d~r ~er D O B ~dre~ Cffy Title Shares ~ne~ ~cer D'O B ~dre~ City ' '~ Title Shares 1. If a corporation, date of incorporation i~' lq '72 , state incorporated in... ~?,~h~Cc'7~,,- amount of authorized capitalization/C,.~0 ~-~d5 , amount of paid in capital "~cc(~ c)c, if a subsidiary of any other corporation, so state (tlc) give purpose of corporation AL',.' ~1£v-:~:~ ~,'i;' r~',)/ ~,'d,,PX>-( if incorporated under the laws of another state, i$ corporation · ! [ Num r of c r' i C[1;u.~'e'r -~' authorized to do business in the State of Minnesota? k]/R . be e t~f cate of authority which license applies; such as (first floor, second floor, basement, etc.) 2. Describe premises to ~"nr,~J ~t,Jr~c:t ~x/I (~.'Jzr~. or if entire building, so state 3. Is establishment located near any state university, state hospital, training school, reformatory or prison? , state approximate/distance 4. State name and address of owner of building/ "~onn H~[~-~r.r ~-~)l-~ ~ ~,~,.. ~.~.~.), :~c/c~z.,. ~,, ~)~55'dr-~C7~,; has owner of building any connection, directly or indirectly, with applicant? 5. Is ~Dnl;c;n* ,3r =",v ~; tk -"-""n'~;"'f.~ in +hi.~ ~onlication, a member of the noverni,',n ~od,/of the municipality in which this license is to be issued? .~ . . If so in what capacity '6. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment for which license is applied, and if so give name and details. 7'. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? ~9 Give name and address of such establishment 8. Under what classification is the license applied for: EXCLUSIVE OFF-SALE LIQUOR STORE, DRUG STORE, CO .AT,O. O. & uOUOa. OR E.ER^L FOOO STORE I* 1 9. Are the premises now occupied, or to be occupied, by the applica, nt entirely separate and exclusive from any 10. If a drug store, state length of time the store has been in operation 11. State whether applicant has, or will be granted, an On-Sale Liquor License in conjunction with this Off-Sale Liquor License, and for the same premises . .~O 12. State whether applicant has, or will be granted, a Sunday On-Sale Liquor License in conjunction with the regular On-Sale Liquor License /X,1//~ . 13. If this application is for a County Board Off-Sale License, state the distance in miles to the nearest municipality 1. State whether applicant, or any of the associated in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so give date and details 2. Has the applicant, or any of the associated in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details 3. State whether applicant, or any of the associates in this application, and employees while employed by applicant during the past five years were convicted of any Liquor Law in this state, or under Federal Laws, and if so, give date and details 4. During the past license year has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802. [] Yes ,~ No. If yes, attach a copy of the summons. This Licensee must have one of the following: Vl.Y_J A. Liability Insurance (Dram Shop) -- $50,000 $100,000 more than one $10,000 Liquor per person; person; property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF oR INSURANCE" TO THIS FORM. I-'1 B. A Surety bond from a surety company with minimum coverages as specified above in A. [] C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having market/~alue of $100,000 or $100,000 in cash or securities. certify th'at I ?~'ve rea(:~e;,.ab~ e e/~l I-/lTl-'ve tions and that the answers are true and correct of my own knowledge. ~ign'"atTof Apphcant Date :,~EPORT BY POLICE DEPARTMENT - Thi~ ;* *^ .... *~,. ,~-.,* *~,~'.-.,,,-¢~¢~,,-": '~'~,~ ~,~, ",',,"-~';",*~,~ ~n -',~',H ~",r~'in have not been cnnvinted within th~ 7-n' ' ';' '" years for any violation ot Laws ot the State of M~nnesota, or Municipa~ Ordinances re~at~ng to Intoxicating L~quor, "except as follows Police Department 1 Ti'tie I Signature IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION CALL 612-290-3496. HERITAGE COMMUNITY 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 8 DAVID UNMACHT, CITY MANAGER CONSIDER OFF SALE LIQUOR LICENSE APPLICATION OF THOMAS KOWALSKY, ENTERPRISES, INC. APRIL 20, 1992 TRANSFER KOWALSKY INTRODUCTION: BACKGROUND: RECOMMENDATION : ALTERNATIVES: ACTION REQUIRED: The City of Prior Lake has received an Off Sale Liquor License Transfer Application. The application is requesting a license transfer from Gast's Wine & Spirits to Thomas Kowalsky, Kowalsky Enterprises, Inc. The Police Department has conducted an investigation and the Liquor Committee has met to review the license transfer application. Enclosed please find a copy of related application material. Thomas Kowalsky, 13240 Webster Avenue in Savage, is in the process of purchasing the business Gast's Wine & Spirits. If successful, the new name of the business will be Gateway Wine and Spirits. The Police Department investigation has been completed and the appropriate investigation fee has been paid. All ~ermit applications have been received or will be received and reviewed by staff prior to the Council meeting. The recommendation from the Liquor Committee is to approve the Off Sale Intoxicating Liquor License transfer from Gast's Wine & Spirits to Kowalsky Enterprises, Inc. The City code requires the public an "opportunity... to be heard for or against the granting of a license". Subsequently, prior to Council action, a period of public input should be provided. The alternatives are as follows: 1. Approve the Liquor License Transfer Application. 2. Deny the Liquor License Transfer Application. Table the Liquor License Transfer Application for further information. Will very based on Council discussion. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 L iC£NI~ APPLICANT: PurIue~t to ninnesota Statute 270.72 lax Clearance: Issuance of Licenses. t~e licenSin9 authority iS reQuireO to DroviOe to U~e flirt.tote Coff~issioner of ~evenue your fllnnesota &usIness tax Ioentlflcatlo~ hunger arC the social security nu~oer of eac~ license aDollcant. UrCer the ninneso~ Government Data Practices Act ina the FeOeral Prlvlcy Act of 1974. we are reQulrea to aOvlse you of the foIIovlng regiralng the use of this InFormation: This Infornmtlon may De usaa to aeny the Issuance, renewal or transfer of your license In tn, event y~ me the Hlnnesota O~r~ent of ~evenue Delinquent taxes. Der~ltles or interest: U~n receiving tn~s infor~tJon, the Ilcentl~ eut~rlty will tully St ~ly to t~e einnesota De~r~nt of Revenue. ~ever. u~er tn, Feoerel [xc~nge of Infor~tlon Agre~ent t~e Oe~r~nt of Revenue ~y su~ly this Infor~tl~ to t~'[nter~l ~evenue Service: Failure to SuDDly t~ls Infor~tion ~y Jeo~ralze or Delay tn. processing oF your licensing Ins~nce or ran.vel Please SuDDIy the following InFornatlon arC return along with your a~lication to the agency Issuing tn. license. IX) NOT RETURN TO THE D£PARTHENT C~ REVI~NU[. (~ o~ ~$ty. ~ounty or state agency ~ssuInQ iJoensej LICENSE RENEWAL DATE: Aoolicant'S Name: Applicant's ADDress: PF. RSONAL INFORHATIOI¢ (If ol~lJcable): S:a:e BUSI HESS ! NFORHAT ION Business Name: Business ADDress: (If i:q)l Ic~le) ~ ZtD Co¢3e City State flinnesota Tax IDentification No.: FeOeral Tax IOentlflcatlo~ No.: if a/~innesota Tax lOentlflcatlon numDer Is not reQulreO, alease ex~laln onyreverse sl~e. t. -Sl9~tu~ [ Position (~ficer, Partner, etc.) Oate LIGUOR CONTROL DIVISION ROOM 440 333 $1BLEY STREET ~1'. PAUL, MN 55101 PHONE t1:2-29~-4159 APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE OR THE RENEWAL OF AN OFF-SALE INTOXICATING LIQUOR LICENSE APPLICATION TYPE CHECK ONE ' NEW OR TRANSFER COMPLETE SECTIONS 1, 2 and 4 RENEWAL -- COMPLETE SECTIONS 1, 3 and 4 IF NAME AND ADDRESS SHOWN ARE NOT CORRECT. MAKE CHANGES IN SPACES BELOW. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. Applicant's l';lame (Individual. Corporation. Partnership) Trade Name or DBA Licer~se L~Ilen (Street ~dress L~ & Bilk No.) License hr~ '' Applicant's H~e Phone Munic~l~y ~ ~ ~ County - S~ale Zip Co~ Name of St~e Manager . . Business Phone Number Date of Bi~ (individual ApDticanl) If a corporation~ state na~e, date of bi,h, address, title, and shares held by each officer. If a pa~nership, state names, address and date of bi~h of each pa~ner. ~ner Officer , D O B ~dress C~y Title Shares ~ner ~icer ~ t D 0 B ~dress City ~ Title Shares ~r ~ D 0 B ~dre. City Title Shares ~ner ~icer D 0 B ~dress City Title Shares 1. If a corporation, date of incorporation i~-/4-~?~ , state incorporated in '~l,hh.:~6~ amount of authorized capitalization i0,0 ~ 0 ~;[::w~, , amount of paid in capital ~ ~,cCP 0c, if a subsidia~ of any other corporation, so state { RC) give purpose of corporation 0~ hE'-~.~ '~ ~r, tj ~b:5, nr>, if incorporated under the laws of another state, i, c~rporation authorized to do business in the State of Minnesota? ~JR Numbe of ce~ificate of authori~ ~] 2. Describe premises to which license applies; such as (first floor, second floor, basement, etc.)~',,~jl~ -~"J:,~ m,,JJ :~+~:~, ,ll or if entire building, so state 3. Is establishment located near any state university, state hospital, training school, reformato~ or prison? / , state approxima~distance . 4. State name and address of owner of building ~onn ~:~ ~-~}~ ~e~jF ~0.B~.i ~]~/~.~,~,~ has owner of building any conn~tion, directly or indirectly, with applicant? ~e LIQU~ C~TROL DIVISION ~ ~ ~ Slay STRE~ ~. P~L, MN 551~ ~ONE APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE OR THE RENEWAL OF AN OFF-SALE INTOXICATING LIQUOR LICENSE APPLICATION TYPE CHECK ONE [' NEW OR TRANSFER COMPLETE SECTIONS 1, 2 and 4 RENEWAL -- COMPLETE SECTIONS 1, 3 and 4 IF NAME AND ADDRESS SHOWN ARE NOT CORRECT, MAKE CHANGES IN SPACES BELOW. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. Applicant's Name (individual, Corporation, Partnership) Trade Name o~ DBA [ License Location (Street ,~lddress Lo~ & BIo/ck No.) ' License Pario~:l ' ' Applicant's Home Phone MuniCiPality_ County Stale Zip Code Name of Slore Manager , . Business Phone Number Dale of Birth (Individual Applicanl) T If a corporation, state nar~e, date of birth, addreSs, title, and shares held byeach officer. l~[If a partnership, statehurtles, address and date of birth of each.partner. rPa~Iner Officer D O B A~dress City Title Shares Pa~lner Officer I l, D O B Address City {~ :Title Shares Partner Officer D 0 8 Addre~ City Title Shares Partner Officer D O B Adaress City Title Shares 1. If a corporation, date of incorporation ,~-/~/.'~:2. , state incorporated in ~'~,hh;~ _c~Z~ amount of authorized capitalization IC',~OO .~w.~ , amount of paid in capital ~cCP 0c, if a subsidia~ of any other corporation, so state (~C) give purpose of corporation ~ h~v~.~ ~ ~r,:/ ~,~:nr~ if incorporated under the laws of another state, i~ corporation , I I Number f rt ¢~'~ ~ authorized to do business in the State of Minnesota? ~)R . o ce ificate of authority ~ 2. Describe premises to which license applies; such as (first floor, second floor, basement, etc.)~',~?{-~'J,~:~' ~,,,~lJ ~+~, ,11 or if entire building, so state 3. Is establishment located near any state university, state hospital, training school, relor~alo~ or prison? , state approximat distance / 4. State and address of owner of building ~o,n H l:b name ' ~ A; has owner of building any conn~tion, directly or indirectly, with applicant? ~ ~. 1~ amnli~n* or.~m, ~?~ *~.-~ ~at~ i-.*his aDolication, a member of the ~,~r-ino body of the municipality in which this license is to be issued?_ ~ ..... If so in what capacity. 6. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment for which license is applied, and if so give name and details.. ~0 ?. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? ~ Give name and address of such establishment. 8. Under what classification is the license applied for: EXCLUSIVE O~F-SALE LIQUOR S'~RE, ~)RUG'~i:ORE~ COMBINATION ON & OFF LIQUOR, OR GENERAL FOOD STORE ~'~,~ I' 9. Are the premises now occupied, or to be occupied, by the applica, nt entirely separate and exclusive from any other business establishment? ~5'~11~ ~4J ~ ~j'~~ 10. If a drug store, state length of time the store has been in operation__ ~'~ 11. State whether applicant has, or will be granted, an On-Sale Liquor License in conjunction with this Off-Sale Liquor License, and for the same premises ~ . . 12. State whether applicant has, or will be granted, a Sunday On-Sale Liquor License in conjunction with the regular On-Sale Liquor License . /~1//~ 13. If this application is for a County Board Off-Sale License, state the distance in miles to the nearest municipality 1. State whether applicant, or any of the associated in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so give date and details 2. Has the applicant, or any of the associated in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details 3. State whether applicant, or any of the associates in this application, and employees while employed by applicant during the past five years were convicted of any Liquor Law in this state, or under Federal Laws, and if so, give date and details. 4. During the past license year has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802. [] Yes ,~ No. I! yes, attach a copy of the summons. This Licensee must have one of the following: S c. K o.E (~ ~ A. Liability Insurance (Dram Shop) $50,000 $100,000 than $10,000 Liquor per person; more one person; property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF O~ o, INSURANCE" TO THIS FORM. c~. B. A Surety bond from a with minimum as specified above in A. surety company coverages N [] C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having marke~,'~alue of $100,000 or $100,000 in cash or securities. that i ve' rea '(~/tre ~/e ' tions and that the answe~s are true and correct of my own knowledge. .... I ,~g n-at u ryof APplicant Date i~:POl~i* BY PoLIcE DEPARTMENT. T~,i~ 5- +,, -.,,,,=,.. ,,.~, .~,,~ .,,~ ~,.~.,~ ..~.~.~ ~ .,,.,~c._..~.,+~,,= .,, ..... ~-~ ~'~r,,in ~'ave n~t been convicted, within th- ?" ':' "~ years for any violation ot Laws ot the ~tate ot Minnesota, or k,funicipal Ordinances retating to Intoxicating Liquor, · 'except as follows Police Oepallment J Title 1 Signature IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION 612-290-3496. HERITAGE COMMUNITY 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 8 DAVID UNMACHT, CITY MANAGER CONSIDER OFF SALE LIQUOR LICENSE APPLICATION OF THOMAS KOWALSKY, ENTERPRISES, INC. APRIL 20, 1992 TRANSFER KOWALSKY INTRODUCTION: BACKGROUND: RECOMMENDATION : ALTERNATIVES: ACTION REQUIRED: The City of Prior Lake has received an Off Sale Liquor License Transfer Application. The application is requesting a license transfer from Gast's Wine & Spirits to Thomas Kowalsky, Kowalsky Enterprises, Inc. The Police Department has conducted an investigation and the Liquor Committee has met to review the license transfer application. Enclosed please find a copy of related application material. Thomas Kowalsky, 13240 Webster Avenue in Savage, is in the process of purchasing the business Gast's Wine & Spirits. If successful, the new name of the business will be Gateway Wine and Spirits. The Police Department investigation has been completed and the appropriate investigation fee has been paid. All permit applications have been received or will be received and reviewed by staff prior to the Council meeting. The recommendation from the Liquor Committee is to approve the Off Sale Intoxicating Liquor License transfer from Gast's Wine & Spirits to Kowalsky Enterprises, Inc. The City code requires the public an "opportunity... to be heard for or against the granting of a license". Subsequently, prior to Council action, a period of public input should be provided. The alternatives are as follows: 1. Approve the Liquor License Transfer Application. 2. Deny the Liquor License Transfer Application. Table the Liquor License Transfer Application for further information. Will very based on Council discussion. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 r~lm ~r;~,i LICENSE APPLICANT: Pursuant to Minnesota Statute Z70.72 lax Clearance: Issuance of Licenses, the licensing eutl~orlty Is reQuireR to proviOe tO ire Minnesota Commissioner of Revenue your Minnesota I~usiness tax identification numOer o~ tn· social security n~er of each license applicant. Unaer tn· Minnesota Government Data Practices Act Ina.the reOeral Privacy Act of 1974, we are reQuireR to Revise you of rrm follo~lng regarOlng the use of this Information: This Information may De useO to aeny the issuance, renewal or transfer of your license In the event you o~e the Minnesota Department of Revenue Delinquent taxes, ~enaltles or Inter·itl Upon receiving this Information, the licensing authority supply It only to the Minnesota 0e~artmant of Revenue. However, unaer the Fee·re1 Excl~ange of Information Agreement the 0e~artment of Revenue may supply this information to the'Interrml Revenue Service: Failure to SuPPly this Information may Jeooaralze or Relay the processing of your licensing Insuance or renewal a~licatlon. Please supply the fo~iowlng infornatlon aaa return along with your a~! ication to the agency Issuing the license. IX) NOT RETURN TO THE DEPARTHENT OF REVENUE. ,c NsE B I.G APP.,ED FOR OR RE.£.£O: L ! CENS I NG AUTHOR i TY: ~Y L~ g Iname of city, county or state agency Issutng license)- LICENSE REN~.IdAL DATE; PERSONAL I NFORI~AT i ON Applicant's Name: Applicant's Aooress: ( If' a~l Icable): C I ty State BUSINESS INFORBIATION (If Business ADDress: ~'llf f~m.'~'~,a~ P~, :7iD CaGe City State Zip Cope flinnesota Tax IDentification No.: Feaeral Tax l~entlflcatlon No.~ If a/~innesota Tax IOentlflcatlon numOer Is not requireR, please explain _1 ~ on ~/~reverse stye. Position (~ficer. Partner, etc.) Date LIQUOR CONTROL DIVISION ROOM 440 333 $1BLEY $TREET ~T. PAUL, MN 55101 PHONE 612-216-6159 APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE OR THE RENEWAL OF AN OFF-SALE INTOXICATING LIQUOR LICENSE APPLICATION TYPE CHECK ONE ' NEW OR TRANSFER COMPLETE SECTIONS 1, 2 and 4 RENEWAL -- COMPLETE SECTIONS 1, 3 and 4 IF NAME AND ADDRESS SHOWN ARE NOT CORRECT, MAKE CHANGES IN SPACES BELOW. If a corporation, an officer shall execute this application. If a partnership, a partner shall execute this application. Applicant's Na'me (Individual, Corporation, Partnership) ' ' Trade Name or DBA Lic~ Locetmn (Stree! Address Lol & Blorck No.) License Period ' ' ' Applicant's Home Phone Muni~lity County Slats Zip Code /~, ,o,' 1.~ r. ~_ d ,z~ O~ ~, ~_~-~q--,, /,:4' Name of Slore Manager . _ Business Phone Number Date of Birth (individual Applicant) 'If a corporation, state nar~e, date of birth, address, title, and shares held by each officer. If .a partnership, state names, address and date of birth of each perth, e..[. ~ ~icer I D O O ~drgss Cify g Title Shares ~w ~Cer 00 B ~are~ Cily Tille Shares [ ~ ~icer D O B ~are~ City Title Shares $ E C T I 1. If a corporation, date of incorporation ,~ './~ '?~. , state incorporated in_~llhh.~p _:~ amount of authorized capitalization/C',{~0 5~:.~'~, , amount of paid in capital ~5~c~ Oc, if a subsidia~ of any other corporation, so state { Re) give purpose of corporation A~ '~t-~.~ ,'~ ~r,~l ~,~ if incorporated under the laws of another state, i8 corporation . l- [ Number of car' ' C~-~ ~ authorized to do business in the State of Minnesota? ~R . hhcate of authority ~ 2. Describe premises to which license applies; such as (first floor, second floor, basement, etc.)~',,<?~-~"J,, ~ ~,,,:lJ ~,+~. ,11 or if entire building, so state . :~ Is establishment located near any state university, state hospital, training school, reformatory or prison? , state approximat/distance 4. State name and address of owner of building/'l~onn ~[~'~' ~'-,~1[~ C,,~ (~:,~l.,~,. ~.0.~.~ has owner of building any connection, directly or indirectly, with applicant? 6, !.~ .er,~lir'~nt .-,r ....... ? ~'~'~ e~.sociat~.~ ir, this application, a member of the ~3o,~erninq body of., the municipality in which this license is to be issued? _~O . If so in what capacity State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment for which license is applied, and if so give name and details. 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? ~9 Give name and address o! such establishment 8. Under what classification is the license applied for: EXCLUSIVE OFF-SALE LIQUOR STORE, DRUG S'~TOR~" o. o. ooo 9. Are the premises now occupied, or to be occupied, by the applicant entirely separate and exclusive from any 10. If a drug store, state length of time the store has been in operation . . . / 11. Stato whether applicant has, or will bo granted, an On-Sale Liquor License in conjunction with this Off-Sale 12. Liquor License, and for the same premises State whether applicant has, or will be granted, a Sunday On-Sale Liquor License in conjunction with the regular On-Sale Liquor License ~.I//~ 13. If this application is for a County Board Off-Sale License, state the distance in miles to the nearest municipality 1. State whether applicant, or any of the associated in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so give date and details 2. Has the applicant, or any of the associated in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details 3. State whether applicant, or any of the associates in this application, and employees while employed by applicant during the past five years were convicted of any Liquor Law in this state, or under Federal Laws, and if so, give date and details 4. During the past license year has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802. [] Yes ~-~ No. If yes, attach a copy of the summons. This Licensee must have one of the following: C.r.~ K ONE Liquor Liability (Dram Shop) -- per person; more one person; A. Insurance $50,000 $100,000 than $1o,ooo property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF o~ INSURANCE" TO THIS FORM. B. A Surety bond from a with minimum as specified above in A. surety company coverages [~ C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having market/~alue of $100,000 or $100,000 in cash or securities. certify that I ve rea he ve tions and that the anSwers are true and correct of my own knowledge. ~sgn'at7o f Applicant Date ;I~EPORT aY POLICE DEPARTMENT 'r~,;e ;- +^ -.-,,,;,,. *~.-,+ +~,~, ,r,,,~;. ~,.,.~: .-~.~; .- . .... ,-~.--¢;.-,*r~, ,, -~--.-,,.~ ~,',r,,ir~ ~'a. ve n'c,t been convicted..wit.~n, th~ ~?' ' ';' years for any violation of Laws ot the tState o~ Minnesota, or Mumcipal Ordinances relating to Intoxicating LiquOr, **except as follows,, IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. TF STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION CA 612-290-3496. HERITAGE COMMUNITY 1891 1991 AGENDA ITEM: PREPARED BY: SUBJECT: DATE: 9 DAVID UNMACHT, CITY MANAGER CONSIDER LIQUOR LICENSE APPLICATIONS ARMIT, O'MALLEY'S ON MAIN APRIL 20, 1992 OF SHELBY INTRODUCTION: BACKGROUND: RECOMMENDATION: The city of Prior Lake has received Liquor License applications from Shelby Armit, 24332 East Cedar Lake Drive, New Prague, Minnesota. Armit has made application for three specific licenses: Sunday, Intoxicating Liquor On Sale and an Intoxicating Liquor Off Sale. The Police Department has conducted an investigation and the Liquor Committee has met on April 6 to discuss the applications. The Liquor Committee will meet again on Monday, April 20 to make a recommendation to the City Council on the applications. Enclosed please find a copy of related application material. Shelby Armit has made an a~plication to conduct a restaurant/bar business in the former B & D building. Armit proposes to name the business O'Malley's On Main. Staff has requested that the applicant or his or her representative address the Council with the plans for O'Malley's On Main. The Police Department investigation has resulted in a positive review of Armit's background. Mark Stromwall is proposed to be the Manager of the business. The applications have been reviewed by City Attorney Glenn Kessel and the business documents are in order. All permit applications and fees have been received or will be received and reviewed by staff prior to the Council meeting. The Liquor Committee will be meeting on Monday, April 20 at 6:30 p.m. to consider the applications and make a recommendation to City Council. Consistent with Agenda item #8 the City Code requires that the public be given an opportunity to be heard for and against the granting of a license Subsequently, prior to Council action a period of public input should be provided. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: The alternatives are as follows: Approve the Liquor License Applications of O'Malley's On Main. Deny the Liquor License Applications O'Malley's On Main. of Table the Liquor License Applications of O'Malley's On Main for further information and research. ACTION REQUIRED: Will very based on Council discussion. MINNESOTA DEPARTMENT OF PUBLIC SAFETY UOUOR CONTROL DIVISION ROOM 440 :333 SIBLEY ET. ST. PAUL. MN $6101 PHONE 612-296-61 CERTIFICATION OF AN ON SALE AND/OR A SUNDAY UOUOR LICENSE ISSUING AUTHORITY (Check o~ly Oriel COUNTY OF ~ LICENSEE NAME ~INOIVIOUAL. ~IMITN~RSHIP. CC)I~aORATIONI] I TRADE NAME OR SAkE L~ENS[ ~MBER ~ ~L[ FEL ~ ,'~UNDAY L~ENS[ ~M~R ~UNOAY FEE ' ~ ~ ~uSINESS ~ONE 7 glo '~' / J /.77 The Licensee must have o~e of the following: CHECK [~ A. LiQuor Liability Insurance (Dram Shop) - $,%0,000 per DerSOn; $100.0OO more than one person. $10.000 property destruction; $50.000 and $100.0OO for loss of means of support ATTACH "CERTIFICATE OF INSUR- ANCE" TO THIS FORM ] B. A Surety bond from a surety company with minimum coverages as specd,ed above in A. o~ ] C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a market value of $100.000 or $100,000 in cash or securities. I CERTIFY THAT THIS LICENSE WAS APPROVED IN AN OFFICIAL MEETING BY THE GOVERNING BODY OF THE CITY OR COUNTY. CITY/COUNTY SEAL Given Under My Hand and the Corporate Seal this day of 19,, Uunng the pest hcense year has e summons been issued under the Licluo~ Civil Uability Law (DRAM SHOP)? YES L~ No I! yes, attach a copy of the summons. COMPLETE THOSE ITEMS THAT APPt. Y TRANSACTIO~J TYI~ ~Ij~NEW O I~VOKEJCANCEL I DATES SUSP~h~ION C) I~I~WAL ~)*TRAN~IrER O SU,~N~ION ] FROM TO OATE OF REVOCATION/CANC~U. ATION ADORESS C14ANGE FR~M TRANSFER OF OWNERSHIP FROM INAME AflO IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL FIREARMS ANO TOBACCO. FOR INFORMATION CALL 612-290-349~. MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION ROOM 440 333 SIBLEY STREET ST. PA~L. MN 55101 PHONE APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE OR THE RENEWAL OF AN OFF-SALE INTOXICATING LIQUOR LICENSE APPLICATION TYPE ~' NEW OR TRANSFER COMPLETE SECTIONS 1, 2 and 4 CHECK ONE F__ RENEWAL -- COMPLETE SECTIONS 1.3 and 4 IF NAME AND ADDRESS SHOWN ARE NOT CORRECT. MAKE CHANGES IN SPACES BELOW If a corporation, an officer shall execute this application. If partnership, a 3artner shall execute this application. .... .... T If ~'~or~ratisn, state name, date of birth, address, title, and shares held by each officer. I If a pa~nership, state names, address and date of birth of each pa~ner. I, D 1. "a corporation, date of incorporation 0 !//V 1 state incorporated in J~ ~ amount of authorized capitalization ~ ~' {~J~/ , amount of paid in capital ,/, ~;' if ;' 2 if a subsidiary of any other corporation, so state ~, '~ give purpose of corporation .J~ ~ ,~ ~ ,-. I ~ ~--'. ~ ,~., ~: ~ if incorporated under the laws of another state, is corporation authorized to do business in the State of Minnesota? __. Number of certificate of authority__ 2. Describe premises to which license applies; such as (first floor, second floor, basement, etc.) or if entire building, so state. 3. Is establishment located near any state university, state hospital, training school, reformatory or prison? N ('-") state approximate distance 4. State name and address of owner of building L has owner of building any connection, directly or indirectly, with applicant? (~ .r~. j/-~ ~ ,J ~, r. . 5. is applicant, or any of the associates in this application, a member of the governing body of the municipality in which this license is to be issued? ~' . If so in what capacity 6. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment for which license is applied, and if so give name and details.. 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? )~J 0 Give name and address of such establishment. I)J 8. UnO. er Wmhat c~'ass,hcat,on ~.? the hcense apphea for EXCLUSIVE OFF-SALE LIQUOR STORE. DRUG STORE '{ ~ATION ON& OFF L,QuoR~OR GENERAL FOOD STORE (~ 9. Are the prem,ses now occupied, or to be occupied, by the apDhcant enhrely separate and exclusive from ant other bus~ness estabhsnment') ~ ~--~--- .... Ii/1°' If a drug st°re' state length °f tlm~the st°re has Oeen In °peratl°n--~V/-~J 11. State whether applicant has. or will be granted, an On-Sale bquor L~cense in conjunction w~th th~s Off-Sa,e Liquor bcense, and for the same prem,ses_ ___~ '~,~ On-Sale Liquor License __ .~_ '~'_ _~'~'_ ........................ 13. If this application is for a Count%data Off-Sale L,cense. state the chstance ~n ides to the nearest mumc 1. State whether applicant, or any of the associated ,n th~s apphcatton, have ever had an applicahon for a L~QuOr License relected by any municipahty or State authority: d so g~ve date and details 2. Has the applicant, or any of the associated in th~s apphcation, during the five years ~mmediately preceC ,~g this application ever had a license under the Mmnesota bquor Control Act revoked for any violation of suc~ laws or local ordmances; if so, give date and dermis 3. State whether applicant, or any of the associates in th~s application, and employees while employed by during the past five years were convicted of any L~quor Law ~n this state, or under Federal Laws. and ~f so. gve date and details 4. During the past hcense year has a summons been ~ssL, ed under the L~quor Civil Llabdity Law (12;~ M.S. 340A802. _ Yes _ No If yes, attach a copy of the summons. This L,censee must have one of the follow,rig: CHECK ONE r []~ A. Liquor Liabdity Insurance (Dram Shop) -- $$0.000 Der person: S100.000 more than one pe son $I000C property destruction: $$0,000 and S100,000 for toss of means of support. ATTACH "CERTIFICATE OR INSURANCE" TO THIS FORM, B. A Surely bond Jrom a surety comDarJy wi',n "T1, )n!~"n coverages as specJf;ed above in A C. A certificate from the State Treasurer that ~e bce~ee has aeposmted w~th the State, Trust F~nc~ ~. market value of $100.000 or 5100,000 mn cash or securities certify tha~ I,,have read the abOve quest~ogs ancl :nat the a"swers are true and correct of my own ~.nc.', ecGe REPORT BY POLICE DEPARTMENT This is to certify that the applicant, and the associates name~ nere~n have not been convicted wlthm the pas: years for any violation of Laws of the State of Minnesota. or ~unicipat Ordinances retatmg to Intoxtcat~ng except as foltows ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIOI'.~AL STAMP T~- ~ STAMP IS ISSUED BY THE BUREAU OF ALCOHOL. TOBACCO AND FIREARMS. FOR INFORMATION CA__ 612-290-3496. Form SP:CI L IC£NSE APPLICANT: Pursuant tO Minnesota Statute 270.?2 lax Clearance= Issuance of Licenses. the licensing aut~ority Is reQuireD to provide to the Minnesota Commissioner of Revenue your Minnesota I:)uslness tax laentlflcatlon numoer ancl the social security numoer of each license applicant. UnDer the Minnesota Government Data Practices Act ancl the FeDeral Privacy Act of 1974. we are reQuireR to advise you of the following regaraing the use of this Information: This Information may De user to aeny the Issuance, renewal or transfer of your license In the event you owe the fllnnesota Department of Revenue DelinQuent taxes, penalties or lnterest~ Upon receiving tnts Information, the licensing authority SUPPly It only to the Minnesota Department of Revenue· ~owever, unaer the Feaeral Exchange of Information Agreement the Department of Revenue may supply this Information to the'internal Revenue Services Failure to supply this information may jeooaraize or Relay the processing of your licensing Insuance or renewal application. Please supply the following InFormation aha return along with your application to the agency Issuing the license. OD NOT RETURN TO THE D£PARTI~ENT OF REVENUE. LICENSE BEING APPLIED FOR OR RENE~ED: , ,, '," ' L//I. .,///' L, / / ; ' , LICENSING AUTHORITY: ~ "~' i ~,, / ~ /d i (name of city, county or state agency Issuing license) LICENSE RENEklAL DATE: PERSONAL INFO~I'~TION (If ac~lfcable): Ao~licant's Name: Applicant's ADDress: So:Iai. Security Number: BLIS I HESS ! NFORRAT ION Business Name: Business Aoaress: HInnesota Tax iaentJffcation NO.: FeOeral Tax IOentlflcatlon NO.= Zl~ Coae Ifa Minnesota Tax Iclentlffcation numl~er Is not reQuirecl, please explain on tne.reverse sIcle. . I SI9nature ,' ,/ position (Offi~er. Partner. eta~')/ L./ Date HERITAGE COMMUNITY 1891 1991 RESOLUTION 92-13 RESOLUTION APPROVING THE 1992 LAWFUL GAMBLING LICENSE FOR THE PREMISE OF O'MALLEY'S ON MAIN MOTIONED BY SECONDED BY WHEREAS, the State of Minnesota requires that a municipality adopt a Resolution in support of an organization to conduct lawful gambling at a particular premise, and WHEREAS, the Prior Lake Lions Club is applying to conduct lawful gambling at the premise of O'Malley's on Main, WHEREAS, the Prior Lake Lions Club is applying for a new premise permit at O'Malley's on Main, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the Prior Lake Lions Club is hereby approved to conduct lawful gambling at premise of O'Malley's on Main until February 19, 1993, at which time their premise permit must be re-applied for, effective upon approval by the Gambling Control Division. Passed and adopted this 20 day of April , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Larson Larson Scott Scott White White {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 LG214 Minnesota Lawful Gambling Premises Permit Application - Part I of 2 FOR BOARD USE ONLY BASE# PP# FEE CHECK INITIALS DATE Class of premises permit Renewal Organization base license number B-01 558 I-"-] New Premises permit number 003 (check one) [] A ($400) Pull-tabs, tipboa~ls, paddlewheels, raffles, bingo [] B ($250) Pull-tabs, tipboards, pad~ewheals, raffles [] C ($200) Bingo only [] D ($1 50) Raffles only Name of Organization Business A~re~b? ~i~on ~ ~ke~-P. 0 ~x (~ not use ~ ~ess ol your g~bli~ ~g~) P.O. ~x 38 Ci~ State Zip C~ ~un~ ~ Da~e ph~e numar ~io: ~e ~ 55372 5~ ~ (61~ 447-7277 Name of ~ief ex~utive offi~r (~nnot ~ your gambling m~ager) Tite Daytime p~ne number ~vid E. Ve[ish~ ~esid~k (612)447-2237 Bingo Occasions If applying for a class A or C permit, fill in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions may be conducted by your_D_Cgalll~dill{~ per week Day Beginning/Ending Hours Day Beginning/Ending Hours Day Beginning/Ending Hours __ to .to to, __.to .to. ~ to .to Iibingo will not be conducted, check here [~ Street Address (do not use a post office box number) Narpe of establisl3ment where gambling will be conducted O-Malley's on Main l&~ Ave. SE Prior Lake, ~ 55372 Is the premises located within city limits? [:~:Yes I'~ No If no, is township [::] organized I"--I unorganized [:::] unincorporated City and County where gambling premises is located OR Township and County where gambling premises is located if outside of city limits Prior Lake, Scott I Name and address of legal owner of premises City State Zip Code G-.rn]~ Raf_en:manJ~__J~33 Oak St. SE Prior Lake. MN ~5.q72 Does your organization own I~e building where the gambling will be conducted? I-'-I YES ~ NO If no, attach the following: · a copy of ltm lease (form LG202) with terms for at least one year. · a copy of a sketch of the floor plan with dimensions, showing what portion is being leased. A lease and sketch are not required for Class D applications. .................... Address .......................... city ............................. smie' ................... zip'~ .............. 6228 Main Ave. SE Prior Lake MN 55372 HERITAGE COMMUNITY f, 891 1991 '1.%' .x' ESO' AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: il(A) KAY SCHMUDLACH, ASSISTANT CITY MANAGER DISCUSS STATUS OF COUNTY ROAD 21 CORRIDOR PROJECTS: CENTENNIAL PLAZA APRIL 20, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The City of Prior Lake celebrated its Centennial in 1991. Part of the celebration included plans for a Plaza to be built in front of City Hall. The Plaza was to be built with personalized bricks purchased by residents. This agenda item is being written to update the Council on the status of the Plaza construction and to discuss with Council a dedication ceremony. In 1990 the Centennial Committee requested Council support for a project that would leave a lasting memorial to the Centennial Celebration. The idea of the Centennial Plaza was created and spearheaded by Centennial Committee Member Pete Schenck. The project centered on the concept of completing a Plaza area in front of City Hall that would showcase personalized bricks. Other Plaza amenities included benches, landscaping, flag poles/flags, and a memorial plaque over the Time Capsule. A budget for the improvements estimated the cost at $7,500.00. The anticipated sale of the 850 bricks would have generated enough funds to cover the cost of the improvements. Unfortunately only 400 bricks have been sold. Approximately $5,000.00 will be available from the Centennial fund to cover the costs of the improvements. An amount not to exceed $2,500.00 is necessary to cover the remaining costs of the Plaza. The Centennial bricks sold need to be placed in the Centennial Plaza. Staff has been 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 ,' Fax (612) 447-4245 RECOMMENDATION: ALTERNATIVES: ACTION REQUIRED: working with Mr. Schenck to plan for the final construction and a dedication ceremony this spring. A tentative date of Saturday, June 20 has been established for the dedication ceremony. This may change depending on the availability of the City Council and Mdewakanton Sioux Tribal Chairman Stanley Crooks. The proposed program includes a brief ceremony featuring Mayor Andren, Centennial Queen Nellie Lannon and Tribal Chairman Stanley Crooks. An essay contest will be coordinated to offer youth and members of the community an opportunity to share their thoughts on Prior Lake's heritage. Finally, the contents of the Time Capsule will be placed in the container and dedicated to the members of the community. The Time Capsule will be opened in the year 2092. The public will be invited along with a list of all Centennial participants. Staff recommends the City Council review the Centennial Plaza Action Plan as drafted and comment on the proposed dedication ceremony ~la~s. Consideration of the costs by Council IS important in order for the Centennial Plaza to be completed in its entirety. The city Council has the following alternatives: The City Council can approve the Action Plan as attached and agree to pay up to $2,500.00 out of the city's Contingency Fund. See Agenda item ll(B) for the 1992 contingency balance. The City Council can table this agenda item for further consideration. The City Council can approve the Action Plan but deny the request for funding, requesting that some of the improvements be postponed until a later date. The City Council is asked to accept the Action Plan as submitted or amended and approve the expenditures of up to $2,500.00 from the 1992 Contingency Fund to complete the project. "CC420" Z HERITAGE COMMUNITY 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 11 (B) LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS DISCUSS STATUS OF COUNTY ROAD 21 CORRIDOR PROJECTS: FOUNTAIN APRIL 20, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The purpose of this Agenda item is to request authorization to install a fountain in the pond adjacent to CSAH 21 and west of Holy Trinity United Methodist Church. (See Capital Improvement Program, Sheet 45 Attached.) The Public Works Department included in the 1992 Capital Improvements Program, the installation of a fountain in the pond adjacent to CSAH 21. The amenity of the existing pond will be greatly enhanced with the addition of a fountain. The aesthetics of the sidewalk and bikepath will increase as a result of the fountain. The proposed fountain would have a height of between 18 and 28 feet depending on the nozzle that is chosen. The type of nozzle that is chosen also dictates the spray pattern. The proposed fountain would be lit and the control panel would operate both the fountain and lights by either a photo cell or a timer. Staff would suggest that the operational hours be durin~ daylight hours and be turned off in the evening. Operational hours and special timing for events can be worked out in the future. The position of the fountain would be nearly in the center of the pond to provide good views from Dakota Street, the intersection of Duluth Avenue, and CSAH 21. Benches will be placed along CSAH 21 and Dakota Street. Plantings will also be provided around the benches from the Parks Department's nursery. The spray pattern of the nozzle is an important feature of the fountain. Staff will present, at the meeting, pictures of possible 4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 BUDGET IMPACT: spray patterns. The supplier will also be requested to provide different nozzles to be tested by the City for ultimate selection of the desired spray pattern. If the Council would like to participate in the selection of the nozzle for the spray pattern, Staff will make the necessary arrangements to do so. The cost of the fountain including electrical ~ookup is approximately $8,500.00 (included in the cost is the more expensive nozzle). The cost of the fountain including installation is estimated to be The cost of the proposed three benches is $1,200.00. electrical $8,500.00. (3) park The 1992 Capital Improvements Program included the fountain with funding from the Fund Balance. Staff requests that the fountain and benches be funded from the Contingency Fund in the amount of $9,700.00. The current Contingency balance is $98,805.00. ALTERNATIVES: The alternatives are as follows: Authorize funding for the fountain and benches from the Contingency Fund in an amount not to exceed $9,700.00. 2. Continue this item for additional information. 3. Disapprove the installation of the fountain. RECOMMENDATION: Staff recommends Alternative Number 1. ACTION REQUIRED: Motion to approve Alternative Number 1. 1992 CAPITAL BUDGET I and 1992-1996 CAPITAL IMPRO~ENTS ' ' [ CIP'45 I I. Description and Location: Fountain on pond adjacent to CSAH 21 west of City Hall. II. Purpose: Department: Project Title: Project Number: Project Useful Life: III. Needs Assessment: Priority Ranking: To provide an amenity to those passing the pond and CSAH 21 and Dakota Street. The shoreline will be groomed and the pond's visual aesthetics will become an attribute to County Road 21. Public Works Fountain - Pond CSAH 21 10 years High (3) iV. Cost/Benefit Impact Statement: This is a quality of life value. This would proved a tremendous view for both motorists and pedestrians traveling on CSAH 21 and Dakota Street. ! II ! Project Financing 1992 1993 1994 1995 1996 roperty Tax Special Assessments Federal State County City MSA Funds Fund Balance 6,:500.00 Equipment Certificates Grant/Contribution~ Total 6,500.00 Project Expenditures 1992 1993 1994 1995 1996 Construction (New) 6,~X).00 Renovations/Repaim l~nd Acquisition Buildlns~ & Plant Bquipment Vehicle~ Total 6,500.00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR & CITY COUNCIL LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS LEAD AND COPPER IN THE DRINKING WATER APRIL 20, 1992 The drinking water which is provided by the City of Prior Lake is closely regulated by Federal and State rules. Regulations requiring sample testing for lead and copper take affect this year. Verlyn Raaen has been meeting with r@presentatives of eight (8) south suburban communities to initiate a cooperative effort to meet the lead and copper rules. Sixty (60) homes will be selected by City Staff where four (4) water samples will be collected over the next three (3) years which will be analyzed by a private testing laboratory to determine levels. Public education will be in form of a voluntary notice in. the prior Lake "American" (see attached),a mailed notice, articles in the City newsletter and Notes & Updates, and brochures in the reception area of City Hall. There is $3,000.00 in the City's budget to pay for the cost of the sample testing. The laboratory selected to provide testing services will be from a group of vendors who will be submitting bid proposals. The attached notice will be published in the Prior Lake "American" on May 4, 1992. If you have any questions or concerns, please call me by April 24, 1992. (LEAD2) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 WATER 9UALITY NOTICE The City of Prior Lake_ is committed to. delivering a safe, reliable source of drinking water to its water users. That commitment includes meeting the regulations of the United States Environmental Protection Agency (U.S.E.P.A.). In the next few months, all water utilities will increase monitoring of their water supply to meet new regulations governing lead and copper levels.in drinking water. Lead and copper are common, natural occurring and often useful metals, and are present in air, food, water, and soil. However, high concentrations may pose adverse health risks depending on total exposure from all sources. According to U.S.E.P.A. reports, lead and copper levels in drinking water are generally low. Only about 1% of all source waters in the United States exceed acceptable levels. The Minnesota Department of Health has never experienced a water sample test result from a Municipal well that exceeded the acceptable lead and copper leve%s. Sample test results of samples taken by the City of Prior Lake also confirm that acceptable levels have not been exceeded. On going monitoringto meet Federal and State requirements will always be a function which the City takes seriously. Plumbing systems in the home can be a major source for lead and coppeF in drinking water. Studies have shown that lead and copper in drinking water can be reduced substantially by flushing your drinking taps thoroughly when unused for more than six hours. Lead and copper levels are likely to be highest if: Your home is older with lead pipes or services. Your home is between five and ten years old and: a. HaS copper pipes Joined with lead solder. b. Is equipped with brass faucets. Beginning in July, 1992 monitoring of the City's drinking water for lead and copper a~ household taps will.begin. Certain home sites will be selected to participate in this lead and copper testing program. Your help and cooperation may be requested ~f your home meets the requirements of the Program. Homeowners in these homes which are chosen as potential sample sites will be contacted by City personnel. If you have questions about the lead and copper sampling program, please contact the City of Prior Lake Public Works Department at 447-4230. (I~AD1) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HERITAGE COMMUNITY 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 11(c) KAY SCHMUDLACH, ASSISTANT CITY MANAGER DISCUSS STATUS OF COUNTY ROAD 21 CORRIDOR PROJECTS: HERITAGE PARK APRIL 20, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: RECOMMENDATION: In addition to the proposed Centennial Plaza, a park improvement adjacent to the Wagon Bridge has been planned with the proceeds of personalized brick sales to cover the costs. This agenda item will update the Council on the progress of the sales, and request Council input on the completion of the project. The location of the park is across from the McDonald property at the intersection of County Road 21 and Quincy Street. The Centennial Committee has received orders for approximately 90 bricks for Heritage Park. The revenue generated by these sales will not cover the cost of the park development. The estimated cost of the park development is approximately $13,000.00. The improvements proposed in the development are identical to County Road 21 and Main Avenue including the exposed aggregate sidewalk, brick pavers, park benches, and flowers. The issue to be discussed is whether or not the City should complete the project in 1992, and if so, how should the costs be covered. Ideally, staff would like to proceed with the minimal improvements in 1992 and continue to upgrade the project in future years. The ~ersonalized bricks sold can be placed in the Improvements. The balance of bricks can be plain. In the event additional bricks are sold in the future, these bricks will replace the plain bricks. Hopefully at some date all of the bricks will be personalized. With this scenario, the City's up front expenses will be reimbursed as bricks are sold. ALTHOUGH NOT SPECIFICALLY STATED IN AGENDA ITEM ll(A) THIS SAME SCENARIO IS TRUE FOR CENTENNIAL PLAZA. With Agenda items ii(A) and ii(B) the estimated contingency fund expense for both 4629 Dakota St. S.E. Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: pro~ects total $12,200.00. The Heritage Park project cost of $13,000.00 can be covered by using funds from the 1992 Contingency Fund as well. If funded completely the County Road 21 corridor projects would total $25,200.00. Staff is concerned about the higher cost of Heritage Park due to the lack of brick sales. Our purpose is to discuss the status of this project with City Council. The City Council has the following alternatives: Discuss the status of the development of Heritage Park. Provide direction to staff on the extent of development acceptable to the Council with 1992 Contingency Funds. Discuss the status of the development of Heritage Park. Direct staff to budget for Heritage Park improvements in either the Capital Improvements Program or 1993 Budget. ACTION REQUIRED: Will very based on Council discussion. HERITAGE COMMUNITY 1891 1991 '1,'¥ N E AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 12 BILL MANGAN, DIRECTOR OF PARKS AND RECREATION CONSIDER PARKS ADVISORY COMMITTEE RECOMMENDA- TION TO PROCEED WITH FINAL GRANT APPLICATION FOR McDONALD PROPERTY APRIL 20, 1992 The purpose of this item is a continuation of the grant process to initiate the final step in applying for grant funds to acquire the Bill McDonald parcel for the park system. At the direction of Council, staff applied for grant funding to acquire the McDonald parcel in September, 1991. An appraisal of the prop- erty was completed by Mr. Frank Wicker and the grant was submitted for review. On Tuesday, February 18, 1992, staff received confirmation from the Minnesota Department of Trade and Economic Development that the grant application had received preliminary approval for funding. The amount of grant funding would be $90,000 in which $70,000 would be State funding and $20,000 from the National Park Service (LAWCON). Please refer to attached letters from MDT & ED, and Governor Carlson. Staff, as well as the PAC, feel that the McDonald parcel is a critical acquisition for the City of Prior Lake. This parcel would become part of the Waterfront Passage which would begin along Highway 13 and C.R. 21 and end at C.R. 21 and C.R. 42. Along this route, people would be able to view the pond by City Hall, both Upper and Lower Prior Lake from the new bridge, and the Jeffers' ponds along C.R. 21, hence the name Waterfront Passage. The acquisition of this parcel would provide a stopping place to view vistas both to the north and the south. It is the geographic center of the city and, as such, provides for a meeting place, gathering spot, historical stopping place, and access to the lake. There are three options that need discussion concerning this proposed acquisition: 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 1. Purchase the property for $245,000 as per Mr. McDonald's letter of intent. This would result in the $100,000 gift from McDonald, $90,000 in grant funding, and $55,000 in City dollars. This option involves one payment to McDonald for $145,000. With the grant program, the money has to be expended up front, then reimbursed by both the State and Federal Governments. The City's portion would come come from the General Fund. (Please note that the net cash of $145,000 is equal in both options. McDonalds gift varies based on the appraisal to reach the $145,000 amount.) 2. Purchase the property for $290,000 from McDonald. He would give a gift of $145,000 (based on the appraisal), with the balance of $145,000 to be negotiated as to amount of down payment and/or Contract for Deed. Any negotiated agreement is subject to City Council approval. The City's portion would come from the General Fund or other funds as allocated by the Council. Do not accept the grant and decline McDonald's gift which means that Grainwood Crossing would not be purchased. On Monday, March 9, 1992, the Parks Advisory Committee met in their regularly scheduled meeting and made the following recommendation: Based on the PAC recommendation of October 14, 1991, SMITH MADE A MOTION, SECONDED BY SCHOOT, TO PROCEED WITH THE ACQUISITION OF THE McDONALD PROPERTY BASED ON THE SUCCESSFUL GRANT APPLICATION. IN ADDITION, STAFF IS DIRECTED TO CONTINUE TO NEGOTIATE WITH McDONALD AND OTHER ORGANIZATIONS TO DETERMINE THE BEST FINANCIAL OPTIONS FOR THE CITY OF PRIOR LAKE. Motion carried unanimously. Staff had preliminary discussion with McDonald based on the second option listed above and from the direction of the PAC. While this is only an acquisition grant, staff does have conceptual drawings of the site that are available for review. However, at this point, there are no dollars available for development. In addition, public input and neighborhood meetings will have to be conducted to determine uses of the site prior to development. BUDGET IMPACT: The budget impact would depend on the action taken by the City Council based on the above options. ALTERNATIVES: The alternatives are listed as options 1, 2, and 3 above under discussion. RECOMMENDATION: Staff would recommend to proceed with Alternative (Option) #2, purchase the property for $290,000. McDonald would give a gift of $145,000, the grant would be for $90,000, and the balance of $55,000 would be negotiated with McDonald. Any agreements reached between staff and McDonald are subject to Council approval. ACTION REQUIRED: A motion would be required approving the recommendation of the Parks Advisory Committee to proceed with the Final Grant application and continue negotiations with Bill McDonald to bring an agreement back to the Council for final approval. Office of' the Commissioner 900 American Center 150 East Kellogg Boulevard St. Paul, lvthl .55101-1421 Mr. B111Mangan Director of Parks and Recreation 4629 Dakota Street Southeast Prior Cake, MN 55372 612/296-6424 Fax: 612/296.1290 February 14, 1992 RE: FY 1992 Outdoor Recreation Grant Community Development Application Grainwood Crossing Dear Mr. Mangan: I am pleased to inform you that the outdoor recreation project included on your Community Development Application has competed successfully for funding, We anticipate being able to offer you an Outdoor Recreation grant of $90,000 contingent upon the final processing of your application. We expect to be able to complete this process as soon as possible. You will be contacted shortly by Outdoor RecreaEion Program staff regarding the final processing. DO NOT incur any project costs. This notice does not constitute final approval of your project. Any work done, money spent, or obligations incurred for acquisition or development of your project, prior to final approval, are ineligible and cannot be paid for with grant funds or used as the local share. The Community Development staff are looking forward to working with you on this project. Sincerely, E. Peter Gillette, Jr. Commissioner EPG:cd OR/13-CP An Equal Opportunity Employer ARNE 14. CARLSON (3OVERNOR Sra % OFFICE OF THE GOVERNOR 130 STATE CAPITOL SAINT PAUL 55155 February 14, 1992 The Honorable Lydia Andren Mayor 4629 Dakota Southeast Prior Lake, MN 55372 Dear Mayor Andren: I am very pleased to learn that your city was awarded a grant from the Outdoor Recreation Grant Program administered by the Community Development Division of the Department of Trade and Economic Development. As you are probably aware, the Outdoor Recreation Grant Program is very competitive. ~he staff at the Community Development Division have been very complimentary regarding your city's application and the hard work that went into putting it together. My sincere compliments to you and to those who were involved in making the application a success. It is people like you who contribute to making Minnesota a great place to live. Warmest regards, ARNE H. CARLSON Governor AN EQUAL OPPORTUNITY EMPLOYER