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HomeMy WebLinkAboutMay 4, 1992CALL TO ORDER 1. 2. 3. 7:35 P.M. 4. 7:45 P.M. 5. 8:00 P.M. 7. 8:30 P.M. 8. 10. REGULAR COUNCIL MEETING AGENDA Monday, May 4, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: a) b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of Franchise Cable Ordinance 92-05 Consider Approval of First Quarter Budget Report Consider Approval of Recycling Grant Agreement With Scott County and Authorize 1992 Clean Up Day Program Consider Preliminary and Final Plat of Gensmer Second Addition - Larry Gensmer Consider Preliminary and Final Plat for Jefferson's First Addition - Harlan Anderson Consider Proposal of Little six Inc. to Rename Columbia Avenue to Mystic Lake Drive Conduct Equalization Hearing: Board of Review Consider Preliminary Plat of Red Oaks Second Addition Second Consideration of Eurasian Milfoil Ordinance 92-01 Consider Restrictive Covenant Agreement with Dave and Dorothy Watzl 11. Other Business a) b) c) d) e) Establish Public Hearing for On Sale Intoxicating Liquor License Fees Legislative Wrap Up Session: Wednesday, May 13 Presentation of Donor Catalog of Ideas Update on Crown CoCo Variance Appeal Distribute AMM Innovative City Award Application *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4629 DakotaSt. S.E.,Prior ~ke, Minnesota55372 / Ph.(612)~7-4230 / ~x(612)~7-4245 AN' EQUAL OPPO~UNITY ~P~YER CALL TO ORDER 1. 2. 3. 7:35 P.M. 4. 7:45 P.M. 5. 8:00 P.M. 7. REGULAR COUNCIL MEETING AGENDA REPORT Monday, May 4, 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 Franchise Cable Ordinance 92-05 - see attached staff report. c) Consider Approval of First Quarter Budget Report - see attached. d) Consider Approval of Recycling Grant Agreement With Scott County and Authorize 1992 Clean Up Day Program - see attached staff report. Consider Preliminary and Second Addition - Larry staff report. Final Plat of Gensmer Gensmer - see attached Consider Preliminary and Final Plat for Jefferson's First Addition - Harlan Anderson - see attached staff report. Consider Proposal of Little Six Inc. to Rename Columbia Avenue to Mystic Lake Drive - see attached staff report. Conduct Equalization Hearing: Board of Review. The annual Equalization Hearing will be held at 8:00 p.m. on Monday, May 4. Please see notice attached which appeared in the Prior Lake American. Leroy Arnoldi, Scott County Deputy Assessor will be present to represent the city of Prior Lake at the hearing. The purpose of the hearing is to give 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL CFPORTUNITY EMPLOYER 8:30 P.M. 8. 10. property owners an opportunity to contest the valuation (assessment) of their property. The purpose of the hearing is not to address taxation levels nor the level of property taxes. ~ity staff has received several calls regarding the · ncreases in valuation on lake property. In addition, Arnoldi has received several calls from residents regarding changes in valuation. Arnoldi has indicated that he has increased land valuations on lakeshore property after studying the sales data over the past year. Staff has requested that Arnoldi make a presentation to the City Council on the rationale behind the adjustments that he has incorporated into the payable 1993 valuations. Staff anticipates several property owners in attendance to discuss their valuation with City Council and Arnoldi. Consistent with past recommendations, if property owners do address the City Council and questions do arise, the proper procedure is to have Mr. Arnoldi address them at the meeting or to make arrangements with the property owners to address their concerns at an agreed upon time and date. Staff recommends that each property owner be limited to a 5 minute presentation on their assessment appeal. No formal Council action is necessary at this hearing. Consider Preliminary Plat of Red Oaks Addition - see attached staff report. Second Second Consideration of Eurasian Milfoil 92-01 - see attached staff report. Ordinance Consider Restrictive Covenant Agreement with Dave and Dorothy Watzl - see attached staff report. 11. Other Business a) Establish Public Hearing for On Sale Intoxicating Liquor License Fees. In the 1992 budget process, City staff recommended that an increase in the On Sale Intoxicating Liquor License fee become effective for the 1992/1993 license period. City Council deferred action on this request at the recommendation of the bar and restaurant owners. City Council directed staff to work with the bar and restaurant owners on an acceptable increase prior to the renewal of the 1992/1993 Liquor 2 b) c) d) e) Licenses. Prior to the hearing, City staff will be meeting with the bar and restaurant owners to discuss an appropriate increase in the On Sale Intoxicating Liquor License fee. Minnesota State Law requires that a public hearing be held prior to increasing the On Sale Intoxicating Liquor License fee. City staff recommends that a public hearing be held on Monday, June 1, 1992 at 8:00 p.m. for the purpose of considering an increase in the On Sale Intoxicating Liquor License fee. This public hearing will precede the consideration of the liquor license renewal applications which is scheduled for June 15. Legislative Wrap Up Session: Wednesday, May 13. Enclosed please find information for the League of Minnesota Cities Legislgtive Wrap Up Session. Please note that a session will be held on Wednesday, May 13 from 9:30 a.m. to approximately 3:30 p.m. in Minnetonka at the Radisson Hotel. Members of the Council interested in attending the meeting should contact City Manager Dave Unmacht. Presentation of Donor Catalog of Ideas. Councilmember Kedrowski initiated the idea of creating a catalog of ideas to assist organizations and individuals in selecting volunteer pro~ects and donations. A draft of the document is ready for distribution to the city Council for preliminary review. Mr. Kedrowski will be distributing the catalog at the Council meeting. Update on Crown CoCo Variance Appeal. The City Council considered a variance appeal from Crown CoCo at their March 16 meeting. After extensive discussion, the issue was tabled for 60 days subject to a pending and revised variance application and sign permit being submitted by Crown CoCo based on a new canopy concept. No application has been received from Crown CoCo. Staff has contacted Crown CoCo officials and will provide an update on the status of the variance appeal and pending application at the meeting. Distribute AMM Innovative City Award Application. Enclosed please find a copy of the letter from AMM staff announcing the Innovative City Award Application process. Staff in conjunction with the City of Savage has finalized an application to the AMM. Enclosed please find a copy of the application. The application.is.based on the Scott Joint Prosecution Assoc~atlon which we formed in 1991. Staff will discuss the application and the process at the meeting. *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 MINUTES OF THE CITY COUNCIL April 20, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, April 20, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, Assistant city Manager Schmudlach, Planning Director Graser, Parks and Recreation Director Mangan, Assistant City Engineer Loney, Engineering Technician IV Hartman, City Attorney Kessel and Recording Secretary Jaspers. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the April 6, 1992 Council meeting were reviewed by Council. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE APRIL 6, 1992 COUNCIL MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Kedrowski, Scott, and White, the motion carried. Councilmember Fitzgerald abstained from voting due to the fact he had been absent during the April 6, 1992 meeting. The next order of business was approval of the Consent Agenda as follows: a) b) c) d) e) f) g) h) i) J) k) l) Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Report Consider Approval of Fire and Rescue Report Consider Approval of Temporary 3.2 Beer Permit for Men's Softball Association Consider Approval of Registered Land Survey for Ramona Hennen Consider Approval of Simpson-Gelhaye Settlement Agreement Consider Approval of Resolution 92-15: Proposal to Form Development District No. 2 Consider Approval of Resolution 92-16: Resolution Recognizing Margaret O'Keefe for Receiving an ACCW Lay Women Volunteer Award Consider Approval of Arbor Day Proclamation Consider Approval of Resolution 92-17: Resolution Proclaiming the Week of May 1-7, 1992 as "Respect For Law" Week Consider Approval of Treasurer's Report 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 Ph. /612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUN',TY FJ~FLOYER Minutes of The Prior Lake City Council April 20, 1992 Mayor Andren removed Consent Agenda Item (a) Invoices to be Paid and asked that it be considered on the Agenda before Other Business. consent Agenda Item (g) was clarified by Attorney Kessel. A new draft of the Settlement Agreement was distributed clarifying a Recital and the Exchange. Kessel stated the essence of the Agreement remains the same even with these changes. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE THE CONSENT AGENDA ITEMS (b) THRU (1) WITH ITEM (g) AMENDED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Presentation of Donation from Girl Scout Troop #337. Parks Director Bill Mangan presented Pam Whitemore of the Troop who explained the "Adopt A Park" participation by the Girl Scout Troop and the work involved in collecting aluminum cans to acquire money. A check for $90 was then presented to Mayor Andren from Girl Scout Troop #337 for trees to be purchased for the Willows and Sunset Park. Mayor Andren also accepted two other checks for trees: Girl Scout Troop #350 for $18.00 and Girl Scout Troop #46 and #421 for $18.00. Mayor Andren read the girls names for the record and together with the Council thanked them for their efforts. The next order of business was: Presentation from Staff on Customer/Employee Relations Policy. Doug Hartman introduced the task force in attendance: Judy Pint, Kay Schmudlach, Rob Boeckman and Jay Scherer. Hartman reviewed the policy for the Council. City Manager Unmacht thanked the task force members and responded to several questions on the policy. The next order of business was: Consider DNR Amendments to Eurasian Milfoil Ordinance 92-01. City Manager Unmacht updated the Council on the DNR amendments. The first is a policy change with respect to riparian access restrictions through marked milfoil areas, and the second is an administrative change relating to the sunset provision. Tom Watkins from the Lake Advisory Committee briefly went over the DNR recommendations and on behalf of the Committee recommended City Council adopt the DNR Amendments. Jerry Meysembourg from the Lake Association and Watershed District concurred that the DNR language be considered for incorporation into the Ordinance. Meysembourg offered suggestions for Ordinance clarification. Councilmember Fitzgerald felt that all lakeshore property owners should be notified where Eurasian Milfoil is identified and marked for treatment. Council concurred that public notification is an important aspect of the Ordinance implementation. It was the consensus of the Council to place this item on the May 4, 1992 Agenda to allow for further public input. The next order of business was: Consider Final Plat and Developer's Agreement for Woodridge Estates First Addition. Planning Director Graser presented the Final Plat of Woodridge Estates First Addition together with the Developer's Agreement. 2 Minutes of The Prior Lake City Council April 20, 1992 Assistant City Engineer pages 10 and 11 of occurred. Loney handed out corrected the Developer's Agreement. signature Discussion MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE FINAL PLAT FOR WOODRIDGE ESTATES FIRST ADDITION CONTINGENT UPON $375.00 PARK DEDICATION BE PAID, $174,902.00 DEVELOPER'S AGREEMENT BE PAID, AND THE DEVELOPERS PROVIDE A REQUIRED LETTER OF CREDIT. Upon a vote taken, ayes by Andren, Fitzgerald, and White, the motion passed unanimously. Kedrowski, Scott MOTION BY DEVELOPER'S CONTINGENT NOTARIZED. KEDR0WSKI, SECONDED BY WHITE, TO APPROVE THE AGREEMENT FOR WOODRIDGE ESTATES FIRST ADDITION UPON THE SIGNATURE PAGE OF THE PARTNERS TO BE Upon a vote taken, ayes by Andren, Fitzgerald, and White, the motion passed unanimously. At this time a recess was called. Kedrowski, Scott The meeting reconvened at 8:30 p.m. The next order of business was: Consider Off Sale Liquor License Transfer Application of Thomas Kowalsky, Kowalsky Enterprises, Inc. Mr. Kowalsky was present to answer any questions. The Liquor Committee has recommended that the Transfer Application be approved. City Manager Unmacht reviewed this application. Mayor Andren asked for public comments on the application. There were no public comments on this item. MOTION M3%DE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE LIQUOR LICENSE TRANSFER APPLICATION OF THOMAS KOWALSKY, KOWALSKY ENTERPRISES, INC. DBA GATEWAY WINE AND SPIRITS. Upon a vote taken, ayes by Andren, Fitzgerald, and White, the motion passed unanimously. Kedrowski, Scott Councilmember Kedrowski removed himself from the Council table due to a possible conflict of interest in the next two items. The next order of business was: Consider Liquor License Applications of Shelby Armit, O'Malley's On Main. City Manager Unmacht reviewed this item with regard to three different license applications 1) Sunday Liquor, 2) On Sale Intoxicating, and 3) Off Sale Intoxicating. The Liquor Committee has recommended that the applications be approved. Shelby Armit made a short presentation and was present to answer any questions. Mark Stromwall, Manager, was present and gave a brief overview of the plans for the facility. Stromwall stated the business plans to open by the middle or end of May. Mayor Andren asked for any further public comment. There was no additional public input. Council discussion followed. Based on a Liquor Committee recommendation, the consensus of the Council was to pro rate the license fees from May 15 to expiration date of June 30, 1992. Discussion occurred on the applications and pro rating the license fees. 3 Minutes of The Prior Lake city Council April 20, 1992 MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO APPROVE THE LIQUOR LICENSE APPLICATIONS OF SHELBY ARMIT FOR O'MALLEY'S ON MAIN WITH THE PRO RATED FEE SCHEDULE EFFECTIVE FOR MAY 15, 1992 THROUGH JUNE 30, 1992. Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White, the motion passed. One abstention: Kedrowski. The next order of business was: Consider Resolution 92-13 for 1992 Lawful Gambling License for the Premise of O'Malley's On Main. City Manager Unmacht stated that the Liquor Application has been approved and it is in order to ~roceed with this item. Councilmember Scott asked for a clarification on the processing of premise permits. Discussion occurred on the Premise Permit Application of the Lions Club. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, RESOLUTION 92-13 APPROVING THE 1992 LAWFUL GAMBLING THE PREMISE OF O'MALLEY'S ON MAIN. TO APPROVE LICENSE FOR Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White, the motion passed. One abstention: Kedrowski. At this time Councilmember Kedrowski table. returned to the Council The next item of business was: Discuss Status of County Road 21 Corridor Projects. City Manager Unmacht presented the projects to Council and introduced the representatives of the projects. Centennial Plaza - Assistant City Manager Schmudlach reviewed the plans, brick concept, funding needed to complete this project, dedication ceremony tentatively set for June 20, and the Centennial Plaza Action Plan. Discussion followed with the city Council. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE ACTION PLAN AS PRESENTED AND AGREE TO PAY NO MORE THAN $2,500.00 FROM THE CONTINGENCY FUND TO COMPLETE THE PLAZA CONSTRUCTION. Upon a vote taken, ayes by Andren, Fitzgerald, and White, the motion passed unanimously. Kedrowski, Scott Be Fountain - Engineering Technician IV Hartman reviewed the fountain plans with regard to location, type of fountain, costs of electrical installation and benches, maintenance, and funding needed. Discussion followed with the City Council. There was concern regarding vandalism damage and Council directed staff to check on liability insurance. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO AUTHORIZE FUNDING FOR THE FOUNTAIN AND BENCHES FROM THE CONTINGENCY FUND NOT TO EXCEED $9,700.00. Upon a vote taken, ayes by Andren, Fitzgerald, and White, the motion passed unanimously. Kedrowski, Scott 4 Minutes of The Prior Lake City Council April 20, 1992 Ce Heritage Park - Assistant City Manager Schmudlach reviewed the progress of brick sales, location of park, landscaping, and funding needed to complete this project. Discussion followed by the City Council and the consensus was to table this item until a later date to allow staff to contact individuals who have acquired a brick for this park. The next order of business was: Consider Parks Advisory Committee Recommendation to Proceed with Final Grant Application for McDonald Property. Parks and Recreation Director Mangan reviewed the grant process and presented the Parks Advisory Committee's recommendation for the grant application for the McDonald parcel. Discussion followed by the City Council. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE PARKS ADVISORY COMMITTEE RECOMMENDATION TO PROCEED WITH THE FINAL GRANT APPLICATION AND CONTINUE NEGOTIATIONS WITH BILL McDONALD TO BRING AN AGREEMENT BACK TO THE COUNCIL FOR FINAL APPROVAL. COUNCILMEMBER FITZGERALD WILL ASSIST STAFF WITH THE NEGOTIATIONS. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott, The next order of business was: Consent Agenda Item (a) This item was removed earlier in the meetin~ to allow A~enda #7 to be approved before considering the Invoices which included expenses from the Prior Lake Construction Fund and Trunk Reserve Fund for Woodridge Estates First Addition. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE CONSENT AGENDA (a) INVOICES TO BE PAID FOR TUESDAY, APRIL 21, 1992 AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Topics discussed under Other Business are as follows: Scott, City Manager Unmacht commented that the City has been receiving calls from across the country on the impact the gaming facilities and the success of Little Six Bingo has on the City. Police Chief Dick Powell submitted an article in the Wisconsin State Journal regarding the Casino in Prior Lake. Unmacht noted the good job Police Chief Powell is doing in working with the Reservation and Little Six officials. City Manager Unmacht will make copies of the article for the Councilmembers. Assistant City Manager Schmudlach reviewed what took place the last two years for the Volunteer Appreciation Ceremony. Ideas were requested from the Council for the 1992 ceremony. It was the consensus of the Council that Memorial Park was the most appropriate location. Staff to proceed with follow up plans. Minutes of The Prior Lake City Council April 20, 1992 Parks and Recreation Director Mangan invited the Council and public to the City Arbor Day Celebration Friday, A~ri% 24 from 5:00-7:00 p.m. There will be a social and picnic at City Hall. At 6:00 p.m. Mayor Andren will read the Proclamation with tree planting to follow. Councilmember Fitzgerald requested a status report on the re-evaluation of the Orderly Annexation area that developed from the Council Workshop. City Manager Unmacht stated that a draft report is being reviewed by staff. Consensus of the Council was to review this report as soon as possible. Assistant City Manager Schmudlach handed out a copy of the MVTA Marketing Study. Public Works Director Anderson passed out a memo to inform the Council on lead and copper testing requirements that has been mandated by the Environmental Protection Agency. This means 60 homes have to be tested twice a year and a public notice will appear in the newspaper. There being 9:53 p.m. no further business, the meeting adjourned by general consent of the Counci~ /5 ~ . ~ ~ / D.a~id J. Unmacht C~y Manager at Angela Jaspers Recording Secretary 6 THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. MAY 05, 1992 MISC. DEPTS. MN Cellular Telephone Co. University of MN Grandview Lodge Deputy Registrar Amoco Oil Co. Northern States Power Co. Telephone Service Conference Fees Conference Expense License Tabs Vehicle Maintenance Utilities GENERAL GOVERNMENT Canterbury Inn Career Dynamics Perfect Forms & Supplies Met. Area Mgmt. Assn. ICMA Prior Lake Rotary ICMA Action Messenger Prior Prints AlphaSoft R & 0 Elevator Heating Consultants Inc. Clark Food Service Bob's Coffee Service B'Ville Commercial Cleaning Planning Comm. Retreat Supplies Printed Supplies Meeting Expense Publication Dues Dues Messenger Service Printed Supplies Hardware Maint. Contract Building Maintenance Building Maintenance Bldg. Maint. Supplies Coffee Service Janitorial Services CONTINGENCY Park Nicollet Medical Ctr. Professional Services PUBLIC SAFETY Manpower Inc. Prior Prints R-Own Office Supply Uniforms Unlimited Gall's Inc. Uniforms Unlimited Dr. L. M. Campbell Comm Center Precision Business Systems Olson Auto Body Erv's Auto Body Sebastian Automotive Prior Lake Rotary MN DARE Officer's Assn. Creative Graphics Long's Electronics Temporary Help Printed Supplies Supplies Clothing Supplies Small Tools & Equipment Small Tools & Equipment Professional Services Equipment Repairs Equipment Maintenance Vehicle Maintenance Vehicle Maintenance Vehicle Maintenance Dues Dues Supplies Capitol Outlay-Equipment FIRE & SAFETY Prior Prints R-Own office Supply St. Francis Medical Center Postmaster 55372 L & L Lettering McKinley Drain Service Printed Supplies Sup?lies Training P.O. Box Rent Vehicle Maintenance Bulding Maintenance 395.19 160.00 434.00 30.00 50.45 6,457.02 339.35 17.65 388.58 13.50 77.50 100.00 419.00 18.60 57.84 590.00 104.92 42.00 64.44 209.77 1,100.00 171.50 82.08 34.00 15.42 1,207.53 28.46 98.90 300.00 51.00 96.00 1,148.58 401.71 298.56 105.00 25.00 11.85 393.50 22.50 18.50 85.00 7.25 150.00 35.00 PUBLIC WORKS R-Own Office Supply Supplies American Public Works Assn. Publication Scott Co. Soil & Water Conser. Engineering Shiely Co. Sand & Gravel Industrial Lighting Supply Elk River Concrete Case Power & Equipment Pioneer Rim & Wheel Minnegasco Charles Sukola Bill Erie Regional Mutual Aid Assn. Bulbs Repair Supplies Repair Supplies Repair Supplies Utilities Damage Repair Damage Repair Dues 11.21 21.25 1,500.00 464.58 276.14 1,508.22 162.37 203.66 64.85 44.61 53.29 10.00 PARK AND RECREATION Dawn Griebenou Rose Schmitt Dorothy Durand Hattie Blakeborough Mildred Stassen Genevieve Neck Louise Johnson Lucille Walter Margaret Sharpstein R-Own office Supply Prchal Candy Co. Diane Wikstrom Lisa Conlin Shy Sommers Mary Ann Mingo Priordale Mall R-Own Office Supply Best Buy Co. Webster Co-op. Land Care Equipment MTI Distributing Larson Implement Co. Tim's Small Engine Service Twin City Hardware Midwest Wire & Steel Co. Valley Sign Co. Midwest Fence Co. Bryan Rock Products Turf Supply Co. Viking Electric Supply Cross Nurseries Bailey Nursery Wayne Mfg. Co. Electro-Mech Scoreboard Co. Mahowald Motors Inc. Tim's Small Engine MPSA Tim's Small Engine University of MN Soil Testing Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Supplies Supplies Park Program Instructor Park Program Instructor Park Program Instructor Park Program Instructor Dance Studio Rental Cap. Outlay-Equipment Cap. Outlay-Equipment Chemical Supplies Equip. Repair Supplies Equip. Repair Supplies Equip. Repair Supplies Equip. Repair Supplies Bldg. Maint. Supplies Bldg. Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Vehicle Maint. Supplies Small Tools & Equipment Registration Fees Equipment Repairs Lab Tests 18.00 9.25 9.25 9.25 9.25 9.25 9.25 9.25 9.25 38.13 14.00 697.50 502.94 32.50 45.25 1,379.85 310.30 487.53 822.13 454.00 349.96 81.32 36.80 115.33 70.50 215.00 904.40 225.22 1,880.78 451.04 1,045.10 1,373.00 1,290.01 616.95 35.04 350.00 20.00 278.02 54.00 ECONOMIC DEVELOPMENT League of MN cities WATER UTILITY Seelye Plastics Inc. Water Products Co. Serco Laboratories Systems Service Co. SEWER UTILITY Catco Parts Service Visu-Sewer Clean & Seal EQUIPMENT CERTIFICATES Hazard Control Emergency Medical Products Conference Fees Repair Supplies Meters & Reducers Laboratory Analysis Repairs Repair Supplies Inspections Equipment Equipment 180.00 28.55 208.15 200.00 264.00 812.49 1,000.00 2,640.00 438.19 CONSENT AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: 3 (b) RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF FRANCHISE CABLE ORDINANCE 92-05 MAY 4, 1992 INTRODUCTION: DISCUSSION: RECOMMENDATION: ACTION REQUIRED: The City Council approved the purchase buy-out of Star Midwest Inc.'s cable operations within Prior Lake by D.D. Cable Partners, L.P. at its April 6, 1992 meeting at the conclusion of the public hearing process. To facilitate the transfer process an ordinance amendment is necessary. Official approval of the new cable company shall be authorized by the Council in the context of the following three documents: 1.) Ordinance No. 92-05 2.) Acceptance and Certificate 3.) Instrument of Assignment & Assumption Ordinance No. 92-05 amends the original cable television ordinance by changing the "Grantee" 'to D.D. Cable Partners, L.P. The Acceptance certificate stipulates that D.D. Cable Partners agrees to perform all the conditions and terms of the Franchise Ordinance. The last instrument basically conveys Star Midwest Inc.'s interest to D.D. Cable Partners, L.P. in the form of an assignment agreement. Staff would recommend approval of Ordinance 92-05 and those corresponding documents as attached to your agenda report as prepared by City Attorney Glenn Kessel. Motion to approve Ordinance 92-05 as part of the consent agenda is in order. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F~IPLOYER CITY OF PRIOR LAKE ORDINANCE NO. 92-05 AN ORDINANCE AMENDING CITY OF PRIOR LAKE ORDINANCE NOS. 83-08 AND 88-21 AND PRIOR LAKE CITY CODE SECTION 3-11-1 OF TITLE 3, CHAPTER 11. The City Council does hereby ordain: Prior Lake City Code Section 3-11-1 of Title 3, Chapter 11, is hereby amended to read as follows: 3-11-1: ADOPTED BY REFERENCE: The City Council of Prior Lake hereby adopts by reference the Cable Television Franchise Ordinance, No. 83-08, as amended by Ordinance Nos. 88-21 and 92-05, copies of which are available in the office of the City Manager. Prior Lake Ordinance Nos. 83-08 and 88-21 are hereby amended as follows: Article I, Section 2(I), is hereby amended to read as follows: I. "Grantee" is DD Cable Partners, L.P., a California limited partnership, its agents or employees. Article II, Section 8, is hereby amended to read as follows: ~ECTION 8. WRITTEN NOTICE Ail notices, reports or demands that are required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or the City Manager of this Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage ~repaid thereon, addressed to the party to which notice is being g~ven, as follows: If to City: City Manager City of Prior Lake 4629 Dakota Street S.E. Prior Lake, MN 55372 If to Grantee: DD Cable Partners, L.P. Suite 420 235 Montgomery Street San Francisco, CA 94104 Attn: Leo J. Hindery, Jr. Such addressees and addresses may be changed by either party upon notice to the other party as provided in this section. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of , 1992. ATTEST: City Manager Mayor This Franchise, as amended, is accepted, and we agree to be bound by all its terms and conditions. DD CABLE PARTNERS, L.P., a California limited partnership By INTERMEDIA PARTNERS II, L.P., a California limited partnership, as its general partner Date: By Its Published in the Prior Lake American on the , 1992. day of Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 ACCEPTANCE AND CERTIFICATE DD CABLE PARTNERS, L.P., a California limited partnership, does hereby (i) accept the assignment to it of.the Cable Television Franchise Ordinance (the "Franchise ) described in Attachment A to Exhibit A attached hereto and further agrees with the City, Commission or other franchising authority identified in the Franchise (the "Franchisor") to perform all of the conditions and terms thereof, including the furnishing to the Franchisor of the performance bond, evidence of insurance and other items required by the Franchise, (ii) agrees that, except insofar as the undersigned as Franchisee under the Franchise shall be hereafter required to perform all of the conditions and terms thereof, including the furnishing of items as required by the Franchise as herein agreed and shall be entitled the benefits of Franchise, the provisions of the Franchise remain in full force and effect, and (iii) certifies that attached hereto as Exhibit A is a true and correct copy of an Instrument of Assignment and Assumption evidencing the assignment of the Franchise to the undersigned by Star Midwest, Inc., a Wisconsin corporation. IN WITNESS WHEREOF, the undersigned has caused this Acceptance and Certificate to be executed as of the , 1992. day of DD CABLE PARTNERS, L.P., a California limited partnership By INTERMEDIA PARTNERS II, L.P., a California limited partnership, as its general partner By Its EXHIBIT A INSTRUMENT OF ASSIGNMENT AND ASSUMPTION Star Midwest, Inc., a Wisconsin corporation ("Assignor") hereby assigns all of its right, title and interest in and to the Cable Television Franchise Ordinance described on Attachment A attached hereto (the "Franchise") to DD Cable Partners, L.P., a California limited partnership, its successors and assigns ("Assignee"). Assignee hereby accepts such assignment and assumes all obligations under the Franchise. IN WITNESS WHEREOF, Assignor and Assignee have caused this instrument to be executed as of the day of , 1992. Assignor: Assignee: STAR MIDWEST, INC. By: Its: Date: DD CABLE PARTNERS, L.P. By: Its: Date: aTTACHMENT A City of Prior Lake Ordinance Nos. 83-08 and 88-21, as amended by Ordinance No. 92-05. 1992 1ST QUARTER BUDGET REPORT GENERAL GOVERNMENT Mayor & Council Ordinance City Manager Boards and Commission Elections Director of Finance Accounting Internal Auditing Assessing Law Planning and Zoning Data Processing Buildings and Plant PUBLIC SAFETY Police Fire and Rescue Building Inspection Civil Defense Animal Control PUBLIC WORKS Engineering Street CULTURE-RECREATION Recreation Parks Libraries URBAN ECONOMIC DEVELOPMENT DEBT SERVICE CONTINGENT RESERVE REVENUES General Property Taxes Licenses and Permits Intergovernmental Revenue Charges for Services Fines and Forfeits Misc. Revenues Other Financing Sources Budget Amount 874,060.00 Expended Percent 199,425.00 23.0% 19,925.00 5,768.00 29.0% 12,525.00 3,526.00 28.0% 221,665.00 51,090.00 23.0% 4,635.00 165.00 4.0% 9,635.00 0.00 0.0% 71,500.00 17,771.00 25.0% 41,285.00 9,770.00 24.0% 9,200.00 1,200.00 13.0% 22,000.00 0.00 0.0% 133,200.00 22,682.00 17.0% 142,830.00 37,597.00 26.0% 32,925.00 16,454.00 50.0% 152,735.00 33,402.00 22.0% 1,210,620.00 250,592.00 21.0% 945,280.00 208,575.00 22.0% 146,135.00 14,903.00 10.0% 111,120.00 26,075.00 23.0% 1,955.00 113.00 6.0% 6,130.00 926.00 15.0% 555,775.00 334,930.00 220,845.00 557,120.00 143,075.00 402,830.00 11,215.00 113,503.00 20.0% 79,110.00 24.0% 34,393.00 16.0% 126,116.00 23.0% 37,772.00 26.0% 86,666.00 22.0% 1,678.00 15.0% 47,540.00 15,547.00 33.0% 225,370.00 16,714.00 7.0% 100,000.00 1,045.00 1.0% 3,570,485.00 250,042.00 7.0% 1,834,190.00 1,924.00 0.0% 122,785.00 21,308.00 17.0% 886,110.00 106,765.00 12.0% 404,900.00 97,497.00 24.0% 45,000.00 10,189.00 23.0% 120,000.00 12,209.00 10.0% 157,500.00 150.00 0.0% TOTAL BUDGET EXPENDITURES TOTAL BUDGET RECEIPTS 3,570,485.00 3,570,485.00 722,942.00 20.0% 250,042.00 7.0% AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 3(d) JAY M. SCHERER, BUILDING INSPECTOR/ CODE ENFORCEMENT OFFICER CONSIDER APPROVAL OF RECYCLING GRANT AGREEMENT WITH SCOTT COUNTY AND AUTHORIZE 1992 CLEAN UP DAY PROGRAM MAY 4, 1992 During the past three years the City of Prior Lake has conducted a Spring Clean-Up Day. This agenda item has been prepared to summarize the previous clean-up days to receive approval on the 1992 Recycling Grant and to introduce the parameters of the proposed 1992 clean-up day. In 1989, 1990, and 1991, Staff organized a clean-up effort that invited Prior Lake residents to dispose of unwanted materials for a considerable cost savings at a central location. The following items were unloaded by City Staff and volunteers at the drop-off site during the past three years of the clean-up efforts: 2. 3. 4. 6. 7. 8. 895 vehicle batteries 564 ma~or household appliances 4700 tires 17 compacted refuse trucks of household refuse 15 1/2 tons of scrap iron 6 tons of yard waste 2 dump trucks of chipped brush 1238 vehicles participated in the clean-up This program has been residents. In addition, receiving inquiry calls program will occur. well received by Staff has been on when our 1992 The 1992 clean-up effort has been scheduled for Saturday, June 13, 1992, and will be organized in a similar manner as in the past. The Prior Lake School District will allow us to use the Hidden Oaks Middle School parking lot. city Staff will be stationed at the entry point to inspect the materials to be dropped off and check proof of residency. Staff will also be counting the vehicles to continue our yearly internal evaluation. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: A Staff person will be positioned to regulate traffic activity at drop-off points and Staff will be stationed at each drop-off area to assist the resident in unloading the materials. Items to be collected this year will include tires, motor vehicle batteries, major appliances, yard waste, and scrap iron. Household furniture will not be acce~ted as the emphasis for the clean-up is for recyclable waste. In 1991, Staff acquired grant funding for our spring clean-up totaling $11,909.55. Our cost for the Spring Clean-Up, Fall Yard Waste Day, and Christmas Tree Recycling Program was $7020.21. This left an unused portion of $4889.34 from last year. County Staff has indicated that the 1991 balance must be used for a 1992 program or returned to them. In 1992, the County has provided grant funding for the disposal of recyclable materials, significantly reducing the cost to the City. Total grant funding available for the City will be $4,962.00. The available grant funding is to be used only for recyclable materials with a growing concern for our environment. The City will only accept recyclable materials at the Spring Clean-Up. Total grant funding available for 1992 combined with 1991 is $9851.34. Our projected cost for the 1992 Clean-Up Day will be $7025.00 including employee overtime, see Exhibit A. Since the the carryover proceeds from the prior year's grant has lapsed into the City's General Fund Balance, it is necessary for the Council to re-appropriate those $4,890.00 dollars from the Contingency Fund. A summary recap of how the program would be financed is as follows: a.) 1991 Grant Carryover b.) 1992 Grant Funding ... $4,890.00 ... $2,135.00 c.) Estimated Project Cost ... $7,025.00 The City Council can approve the 1992 Clean-Up Day as proposed and adopt the Recycling Grant Agreement with Scott County. The City Council can modify the 1992 Clean-Up Day and adopt the Recycling Grant Agreement with Scott County. RECOMMENDATION: ACTION REQUIRED: The City Council can discontinue the Clean-Up Day Program. City Staff believes the Spring Clean-Up has made an impact on the appearance of our community. Prior Lake residents appreciate the program and Staff would like to thank the residents for their patience and participation for successful Clean-Up Days. Staff recommends that City Council select Alternative 1 regarding the 1992 City Clean-Up Day Program along with the Contingency appropriation. No general fund dollars have been budgeted in 1992 for this program. The implementation of a 1992 program was based on the availability of grant funds. Consistent with that, the program plan calls for expenses solely from 1991 and 1992 grant proceeds from Scott County. Motion as part of the consent Agenda implementing Alternative 1 is in order. EXHIBIT A CITY OF PRIOR LAKE 1992 Recyclable Material Clean-Up Program Description: The City of Prior Lake will conduct a Spring Clean-Up Day in June. The emphasis for the clean-up will be towards recycling to enhance a growing concern for our environment. On this day residents are encouraged to bring tires, major appliances, motor vehicle batteries, scrap iron, and yard waste for recycling. This clean-up'is offered to the residents at no cost following the prescribed list of materials. The location of the clean-up day will possibly be the Hidden Oaks Middle School parking lot and the hours will be 7:00 a.m. to 1:00 p.m.. The following costs are proposed for this grant request: Tires Batteries Appliances Yard Waste Scrap Iron City Staff Time $1000.00 $ 12s.oo $2000.00 $1400.00 $ s00.00 $2000.00 RECYCLING DAY GRANT REQUEST TOTAL-S702§.00 SCOTT COUNTY ENVIRONMENTAL HEALTH COURTHOUSE A102 428 S. Holmes St. SHAKOPEE, MN 55379-1393 (612) 496-8177 MEMORANDUM DATE: TO: FROM: RE: April 15, 1992 1992 Recycling Grant Recipients .'~A1 Frechette, Scott County Environmental Recycling Grant Agreements Health Enclosed are two copies of the Agreement for your recycling grant. Please have the authorized individual(s) listed on the Agreement sign both copies where indicated. Return both signed agreements to me no later than April 24, 1992. I hope to schedule your agreement for approval by the County Board on April 28, 1992. As soon as they are approved, I will authorize disbursement of a check for the approved amount. I will mail back one signed copy of the Agreement for your records along with the check. If you have any questions regarding the grant Agreement, please contact me at 496-8177. Thank you. AJF/pam Enclosures PAM-i:AGREELTR An Equal Opportunity/Affirmative Action Employer RECYCLING PROGRAM AGREEMENT THIS AGREEMENT made and entered into on this 14th day of April, 1992, between the COUNTY OF SCOTT, State of Minnesota, hereinafter referred to as COUNTY by and through the Scott County Board of Commissioners, and The City of Prior Lake, Scott County Minnesota, hereinafter referred to as City, by and through the City Council. WITNESSETH: WHEREAS, Minnesota Stat. Section 473.8441, establishes the Local Recycling Development Program providing grants to counties to be distributed by the Metropolitan Council; and WHEREAS, Minnesota Stat. Section 115A.557, establishes the County Waste Reduction and Recycling Funding program to be distributed by the Minnesota Office of Waste Management; and WHEREAS, Scott County has received funding from the Metropolitan Council identified as Local Recycling Grant SG-92-27 and from the Office Of Waste Management; and WHEREAS, These funds are to be used for the activities specified in the Metropolitan Council Grant Agreement SG-92-27 and Scott County Resolution No. 90090; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE This Agreement shall establish a mechanism for distribution of funds obtained from the Metropolitan Council and Minnesota Office of Waste Management in accordances with respective agreements related thereto for implementation and/or enhancement of recycling programs in Cities and Townships within Scott County consistent with the COUNTY Solid Waste Master Plan as approved by the Metropolitan Council. PAGE 1 2. EFFECTIVE DATE OF AGREEMENT This Agreement shall be effective upon execution by all parties to the Agreement. 3. TERM OF AGREEMENT This Agreement shall remain in effect until December 31, 1992 or until all obligations set forth in this Agreement have been satisfactorily fulfilled unless earlier terminated as provided in Section 20 herein. 4. GRANT REQUEST The City shall establish recycling programs as set forth in Exhibit A, which is attached hereto and made a part of this Agreement as though fully set forth herein. 5. GRANT PAYMENT The COUNTY shall pay to the City a maximum of $4962.00 to be used for the development and/or enhancement of City recycling programs. The City shall use these grant funds solely for the materials and/or programs as set forth in Exhibit A. 6. AVAILABILITY OF FUNDS Notwithstanding any provision of this Agreement to the contrary, the maximum amount of grant payment available to the City in 1992 for the projects specified in Exhibit A shall be as specified in Section 5 above. Any funding availability for future years or for other recycling projects shall be at the complete discretion of the COUNTY. 7. UNEXPENDED FUNDS Any grant payments provided to the City under this Agreement shall be returned to the County in the event the grant payment is not used according to the requirements of this Agreement or has not been used within twelve (12) months of receipt by the City, whichever occurs first. 8. AUTHORIZED AGENT OF SCOTT COUNTY Scott County shall appoint an authorized agent for the purpose of administration of this Agreement. The City is notified of the authorized agent of Scott County as follows: Allen J. Frechette Environmental Health Manager Courthouse A102 428 S. Holmes St. Shakopee, MN 55379-1393 (612) 496-8177 PAGE 2 9. RECORDS - AVAILABILITY AND RETENTION Complete and accurate records of the activities performed pursuant to this Agreement shall be kept by the City for a minimum of three years following termination of this Agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County notifies the City in writing that the records need no longer be kept. Pursuant to Minn. Stat. Section 16B.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the City relative to this Agreement shall be subject to examination by the County and the State Auditor. 10. Indemnification The City shall save and protect, hold harmless, indemnify, and defend the County, its commissioners, officers, agents, employees and volunteer workers against any and all liability, causes of action, claims, loss, damages or cost and expense arising from, allegedly arising from, or resulting directly or indirectly from any errors and omissions and/or negligent acts and omissions of the City in the performance of this Agreement. 11. SUBCONTRACTS The City shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement without the prior written approval of the authorized agent of the County. The City shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. ~ny subcontractor of the City used to perform any portion of this Agreement shall report to and bill the City directly. The City shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 12. COMPLIANCE WITH REQUIREMENTS OF THE LAW In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In entering into this Agreement, the City, its agents, employees and any subcontractors of the City in carrying out the terms and conditions of this Agreement, agree to abide by the provisions of the Minnesota Governmental Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant thereto. PAGE 3 13. SUCCESSORS AND ASSIGNS The County and the City, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither the County nor the City shall assign, sublet, or transfer any interest in this Agreement without the prior written consent of the other. 14. ACCESS TO PREMISES The City shall arrange access as necessary to work sites for the County for the purpose of verification of any requirements as described in this Agreement. 15. INDEPENDENT CONTRACTOR It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of copartner, joint venturers, or an association with the County and the City. The City is an independent contractor and neither it, its employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the County. Except as otherwise provided herein, the City shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. From any amounts paid to the City, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship unless otherwise required by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of the City. 16. NOTICES Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the City at its address stated herein, and to the authorized agent of the County at the address stated herein. 17. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. 18. AMENDMENTS The Parties agree that no amendments, alterations, variations, or modifications to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing and duly signed by the parties. The execution of the change shall be authorized and signed in the same manner as for this Agreement. PAGE 4 19. ENTIRE AGREEMENT It is understood and agreed that this Agreement and the attached Exhibit A constitute the entire Agreement of the parties and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and the City relating to the subject matter hereof. Any conflict or inconsistency between Exhibit A and this Agreement shall be resolved in favor of, and be governed by this Agreement. 20. TERMINATION This Agreement shall terminate under the following circumstances: Ce By mutual written Agreement of the parties; By either party, with or without cause, giving not less than thirty (30) days written notice, delivered by mail or in person to the other party, specifying the date of termination; This Agreement shall automatically terminate without notice on December 31, 1991. 21. PROPERTY DISTRIBUTION Assets acquired in whole or in part with grant payments provided under this Agreement shall be the property of the City so long as said assets are used by the City for the purpose stated in Exhibit A. In the event the City discontinues use of the assets for said purpose, any remaining assets shall, at the County's discretion, either be returned to the County or sold, and the net proceeds of such sale returned to the County. 22. SEPARABILITY In the event any provision of this contract shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the contract to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 23. EQUAL EMPLOYMENT, NONDISCRIMINATION AND AFFIRMATIVE ACTION In connection with the work under this Agreement, the City agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this Agreement, the City certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Affirmative Action Policy, attached hereto and incorporated herein as Exhibit B through both oral and PAGE 5 written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the City to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this Agreement unless or until the City complies with the County Policy, and/or su~pengion or termination of %hi~ Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. The City of Prior Lake COUNTY OF SCOTT By: By: Lydia Andren William Koniarski, Chairman SCOTT COUNTY Board of Commissioners ATTEST: By: By: David Unmacht City Manager Clifford McCann, Co. Admin. Dated: Dated: APPROVED AS TO FORM By: James A. Terwedo Co. Atty. EXHIBIT A CITY OF PRIOR 1992 Recyclable Material Clean-Up Program Description: The City of Prior Lake will conduct a Spring Clean-Up Day in June. The emphasis for the clean-up will be towards recycling to enhance a growing concern for our environment. On this day residents are encouraged to bring tires, major appliances, motor vehicle batteries, scrap iron, and yard waste for recycling. This clean-up is offered to the residents at no cost following the prescribed list of materials. The location of the clean-up day will possibly be the Hidden Oaks Middle School parking lot and the hours will be 7:00 a.m. to 1:00 p.m.. The following costs are proposed for this grant request: Tires Batteries Appliances Yard Waste Scrap Iron City Staff Time $1000.00 $ 125.O0 $20oo.0o $1400.00 $ 5oo.o0 $2000.00 RECYCLING DAY GRANT REQUEST TOTAL-S7025.00 II. POLICY STATEMENT It is t~ polioS of Scott CcunC.; C<~e=~nt to prcvid~ Equal .Oppo. ~ to all e~p. loyees ara. ~7_ licants for ~,plc~.~ent in accordance with all a.=plicab!e Equal ~plc.~r~_nt Oppo. rtur.~_; a~ Affirmative Ac+ion law~, ~-~rectives ~_-~- regulations of Federal, State and Lcca! governing bodies or agencies t. hereof, ..~pecifica!ly 5~3~nnescta Statutes 363. Scott Cc)ur.CZ will not discriminate agai~-~t or harass any e~plcyee or applicant for ~pl~.zm.~_nt because of race, color, ~eed, re!igicn, national origin, s~x, disabiliTS, age, marital status, or status with regard te public assistance. Scott Coun,~.; will t~ke Affirmative Action to ensure that all er~_ l~_~ant prac~_ices are ~ree of such discrimination. Such c~plo~.av,~e_-.t practices include, but are not limited to, t~ fol!cwing: hiring, upgr?ading, d~r. oticn, transfer, recrui_~T~nt or recrui%T.,e-.t a~ze~ising, selection, layoff, discip!ina~; action, termination, rates of P~S or ot~her forms of ccmpensation, and selec~.~.cn for tr-~=ining, including a~_ prentices.~ip. Scott Co=~.T3 will use its best efforts to afford mJ-ncri~.; ~d fe~.ale enterprises with t,~ m~-.xL..r~, practicable opportunity! to pa_~.icipate in the perform~_~.ce of subcontracts for construction projects that this Count; engages L-.. Scott Cc~n~z will c~=~,~t the necessary. ~tLme ar~. rescurces, both fi~ncia! and h~,.an, to acb.-'eve t~he goals of Fqu. al RT,,p!oyment Oppc._-~urity ~nd Affirmative Ac+_ion. Scott Coun._~=~ fu!b£ sup?.crts inco .l?oraticn of ncp.~.iscr"_mL.~.ation ~-~.d A£fiL~.ative Action rules e-~_~ r~a!atior? into contracts. Scott Cou,n~S will ~;aluate the perforr~.ce of its m~-~-ger..ent and ,-,Terviscry persor~.e! an t/~ basis of their involver, ent in ac.hie,.~_-.g these B-:firmatb,~e Action objectives as ~!1 as other established ~iteria. Any ~..pl~_zee cf this County, or subcontractor to the County., wbD does not cc~ply w~th the F~u.a! R~plc!~_nt Opportunity Policies and Procedures as set fo~h in this Stat~_~.t and Plan will be subject to disciplinary action. AmS subcontractor not ccmp!yL-~ with all applicable Fqual R~ployment Opportunity/Affirmative Action law~, a.~rectives and regulatior.~ of tP~ Federal, State ar~ local governing bodies or a.c~ncies thereof, specifically M/nnescta Statutes 363 will be subject to a.:propriate legal sanctions. Scott Coun~z has appointed ~hc~as J. Longmire, Perscrme! Director, to manage the .Equal Employment Opportunity Affirmative Acticn Prcgr_am. His res-ucnsibi!ities will include monitoring all Rtual ~hpl _c%nent Opportur3ty activities and reporting tke effectiveness of this program, as required by Federal, State ar~ Local agencies. ~..e Scott County ~ministrator will receive and revie~ reports on the progress of the program. If any employee or applicant for e~pl _cy~nt believes he/s~ has been discriminated against, please contact Thcrmas J. Longmire, Scott Ccun=y Persanne! Department, ~m 104 Scott Coun~.z Court House, Sh~ .~ee, Minnesota 55379, or call (612) 496-8103. Ci-if~ G. McCann 9ate Act~'"" Scott Ccun~ Afm~nis~ator Ed Mackie / D~te Chairman, Board of C~rmissioners "SU05CC" AGENDA NUMBER: PREPARED BY: SUBJECT. · DATE: 4 SAM LUCAST - ASSOCIATE PLANNER CONSIDER PRELIMINARY AND FINAL PLAT APPROVAL OF GENSMER SECOND ADDITION - LARRY GENSMER MAY 4, 1992 INTRODUCTION: BACKGROUND: Larry Gensmer filed a request for subdivision of Outlot B Bluff Heights 2nd Addition. The application is filed under Section 6-3-1 Abbreviated Subdivision Process. The process, among other things, enables the applicant to request the City Council to consider preliminary and final plats concurrently. The developer desires to make the outlot eligible for a building permit by this process. Preliminary and Final Plat approvals will require separate motions. The lot was designated an outlot for future development in the Bluff Heights Addition (See attached map). It is cost prohibitive for a developer to plat lots without plans for development. The subdivider is taking the next logical step toward development by platting the outlot. In order to become eligible for a building permit the outlot must go through the subdivision process. Currently, there are no development plans for the site. It is Staff's understanding that the developer intends to market and sell the lot. There are no special conditions which apply to the the outlot from the previous development. Utilities and roads serve the parcel and the park dedication has been previously satisfied. The site is basically level. It contains volunteer growth and a small amount of refuse, mostly tires. No wetlands, steep slopes or other obvious development constraints exist. Final grades may differ slightly than existing ones, but can be addressed at time of building permit. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ,NM EQUAL OPPORTUNITY EMPLOYER DISCUSSION: COMPREHENSIVE PLAN IMPACT: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: The site is zoned R-3 and occupies (1) acre. Permitted uses include and multiple family dwellings. density is up to 14 dwelling units but is less than that because of paving, and lot coverage standards. about one townhouses Allowable per acre, setbacks, Adjacent uses are threeplexes, fourplexes, and vacant land. Most likely, new development would be similar to the existing multifamily development adjacent to the site. Paul Wermerskirchen Registrar of Titles Scott County, suggested changing the name of the plat to Bluff Height 3rd Addition for ease of future title searches. Staff concurs with the suggestion and the plat shall be filed with the City and Scott County as Buff Heights 3rd Addition. Zoning is consistent with the Comprehensive Plan. There are three alternatives: 1) 2) 3) Approve the application as submitted. Deny the application as submitted. Table the application pending conditions. Staff recommends approval of the application as submitted - alternative 1. If the application is a?proved two motions are required. One motion is necessary for the Preliminary Plat and another one for the Final Plat. OUAD BLUFF HEK~HTS ~UBJECT SITE PLA~D, NEVER DEVELOPED \ EXISTING DEVELOPMENT Velley Eneineerir~ Ca, 7 C ~] "SU03CC" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 5 SAM LUCAST - ASSOCIATE PLANNER CONSIDER PRELIMINARY AND FINAL PLAT FOR JEFFERSON'S FIRST ADDITION - HARLAN ANDERSON MAY 4, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The Planning Department received an application for subdivision of approximately two (2) acres, zoned R-i, fronting on Carriage Hill Road and Shore Trail. Harlan Anderson, the applicant, is proposing five single family lots under the Abbreviated Subdivision Process Section 6-3-1 of the City Code. The subject site is one of the last undeveloped parcels in the area. It is 9djacent to single family development, platted in the 1950's, 60's, and 80's. The site contains volunteer growth of saplings and a few mature trees. It also contains a 30'x60' steel pole shed. See attached map. The site is high and hilly, without wetlands. Soil tests indicate suitable soils for home construction, but significant grading and soil removal must occur to build on the proposed lots. Soil removal is necessary so as not to exceed the driveway slope requirements of 12 percent maximum change in elevation. Adequate utilities, water, sanitary sewer, and storm drainage are available to the entire parcel. The Building Official requires lots 3 and 4 be graded at the same time and lot benching occur, too (See lot benching attachment). The grading will improve existing drainage by keeping it in the drainage easement areas and off the eastern neighbors property. Lots 1 and 2 require minimal grading and are acceptable until building permit application. The outlot is designated for two lots of future development because it contains the pole shed. When development occurs, the shed will be removed and the lots graded for use. 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax ~612) 447-4245 AN EQUAL OPPORTUNITY F-MPLOYER COMPREHENSIVE PLAN IMPACT: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Carriage Hill Road is a collector street and is designed to carry hi~her traffic volumes. Prior Lake driveway policy requires hammerhead driveways on collector streets. They will enable residents to PULL out onto Carriage Hill Road not BACK out onto it. The driveways must be placed where the driveway aprons exist along Carriage Hill Road. If the drive is located elsewhere, the relocator shall remove the existing apron, replace the boulevard, and install a new apron. The Parks Department is requiring cash in lieu of park land dedication. A memo from Bill Mangan, Parks Director, is on file with calculations determining the $1500 amount. Final Plat approval cannot be made with contingencies attached. Ail issues must meet the satisfaction of the City Council or be changed prior to approval. The proposal is consistent with the Comprehensive Plan. Land use and density meet zoning requirements and future plans. There are three alternatives: 1) Approve the application as submitted. 2) Deny the application as submitted. 3) Table the application pending conditions. Staff recommends approval of the as submitted - alternative 1. application Two motions are required for approval. One motion is necessary for preliminary plat approval and one for final plat approval. /1 F X DESCRIPTION AND PURPOSE Lot benching is the grading of lots within a subdivision so that ~he runoff from each one is directed to a stable outlet rather than to an adjacent loL This practice is most applicable in subdivision developments on hilly or rolling topography. Lot benching will reduce thc slope and length of slope of disturbed areas within a subdivision development, thereby reducing the erosion potential. This practice also establishcs drainage patterns on individual lots within a ~bdivision at thc timc or rough grading. This prcvcnLs drainagc problcms later during home construction. EFFECTIVENESS Lot benching can bc very effective for controlling erosion on hilly developments. By reducing slope lengths and ~ steepness of slopes the potential for erosion is lowered. The amount of benefit derived from this practice depends upon thc steepness of slopes and credibility of soils on the site. For example, on a site with 6 percent slopes and typical slope lengths of 150 feet, lot benching can rcduce erosion rates by 85 percenL PLANNING CONSIDERATIONS Lot benching should be done during tough grading operations on the entire site. In addition to the erosion, control benefits, this allows the planner to establish drainage patterns for the entire development. After rough grading, the lots should be protected from erosion by temporary or permanent seeding depending upon the length of time expected until home construction. DESIGN RECOMMENDATIONS The lots should be graded so that runoff flows rewards the cut slope of the 1o~ located on the uphill side of the lot. This prevents runoff from being directed over a steep slope to a lower lot. Runoff from each lot should be directed to the street, a road ditch, or another stable outlet rather than onto an adjacent lot. 3. The final grade of the lot should be 1 percent or fiatter. 10/89 6.16-1 · '.-.. Runoff direction Runoff direction Figure 6.16-1: Typical Ioi benching layout Runoff MAINTENANCE If an extended period of time passes before hom~ are built, maintenance of the vegetation may be required. Maintenance may include mowing or spraying for weed control. 6.16-2 10/89 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 6 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER PROPOSAL OF LITTLE SIX INCORPORATED, TO RENAME COLUMBIA AVENUE TO MYSTIC LAKE DRIVE MAY 4, 1992 Staff received a request from Nicholas G. Kootsikas of Little Six Incorporated, 2350 Sioux Trail N.W. to rename Columbia Avenue to Mystic Lake Drive. See attached letter dated April 15, 1992. The specific proposal is to rename the 1.5 mile stretch of Columbia Avenue located between County Roads 42 and 82, to Mystic Lake Drive. The street name change will affect three individuals that currently have addresses assigned to Columbia Avenue. Staff has discussed the proposal with Mr. Kootsikas and advised him that it would be prudent for Little Six Incorporated to reimburse each property owner $50.00 dollars to change their address. This action is consistent with previous Council actions on street name changes proposed by someone other than the residents on the street. City staff will administer the address changes and notify all utility, post office and emergency service organizations of the street name change. In addition, two signs located on the signal light standards at the intersection of County Roads 42 and 83 must be changed. There are also approximately ten street sign plates that will need to be changed. The anticipated cost for new street signs is approximately $610.00 dollars, (2 signal arm signs @ $250.00 each, and 10 local street sign plates @ $10.90 each), plus the $150.00 dollars to reimburse each of the three affected property owners. The Engineering Department is working with the appropriate agencies to determine specific costs for sign construction and replacement. Staff will advise the applicant of the exact cost as soon as it is determined. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPP©,.~TUNITY F_MPLOYER DISCUSSION: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Staff mailed notice of the proposed street name change to each affected property owner, and the Scott County Highway Engineer. A copy of the notice is attached to the agenda report. To date, staff has had no comments in favor or against the proposed name change. 1. Approve the name change as requested. 2. Continue discussion of this item for further research. Deny the name change proposal. Alternative #1, provided that Little six Incorporated reimburse the City for costs associated with the purchase of new signs and notification of affected property owners. The anticipated amount of reimbursement to cover costs associated with the proposal is approximately $460.00 dollars. Motion directing Staff to formalize the name change. ~[I~CORPORATED] April 15, 1992 Ms. Deb Garros Assistant City Planner City of Prior Lake 4629 S.E. Dakota Street Prior Lake, MN 55372 Dear Ms. Garros: Thank you for assistance in helping Little Six Inc. to rename Columbia Avenue South on county Road 83. Per our conversation, Stanley Crooks, Tribal Chairman and Leonard Prescott, Chairman of the Board of Little Six, Inc. have agreed to rename Columbia Avenue to Mystic Lake Drive. Also, we request the new road into the Mystic Lake Casino property be called Mystic Lake Boulevard. I will get a tribal decision on what address/building number we wold like to assign to the property. If there are any questions, please contact me. consideration. Nicholas O. Kootsikas Vice President Marketing & Sales Thank you for your cooperation and C: Stanley Crooks Leonard Prescott Bill Johnson 2350 Si0ux Trail NWI PriorLake, MN 55372 · (612) 445-3090 · FAX(612) 496-0570 "CCiPN" NOTICE OF HEARING FOR PROPOSED STREET NAME CHANGE YOU are hereby notified that a hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: Monda¥~ May 4, 1992 at ADDroximatel¥ 7:30 PURPOSE OF HEARING: To consider a request by the Shakopee Mdewakanton Sioux Community to change the street name of Columbia Avenue to Mystic Lake Drive. SUBJECT SITE LOCATION: That .part the 1.5 mile stretch of Columbia Avenue (County Road 83) located between County Road 42 and County Road 82. See attached map for details. REQUESTED ACTION: The proposal from the Shakopee Mdewakanton Sioux Community is to rename Columbia Avenue to Mystic Lake Drive. The City Council will decide whether or not the street name should be changed and under what conditions. If you desire to.be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the City Council. For more information, contact the Prior Lake Planning Department at 447-4230. Prior Lake Planning Department DATE MAILED: Thursday, April 23, 1992 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 8 HORST W. GRASER, DIRECTOR OF PLANNING CONSIDER PRELIMINARY PLAT OF RED OAKS ADDITION MAY 4, 1992 SECOND INTRODUCTION: DISCUSSION: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: The applicant has requested a ~reliminary plat approval for a three lot subdivision in Red Oaks Addition in accordance with Section 6-3-1 of the Subdivision Ordinance. See the attached planning report for additional detail. The subject site may be considered a peninsula which presents unusual setback problems for structures. The developer has chosen an option which conflicts with the existing Shoreland Management Ordinance. Staff has suggested that Mr. Benedict's proposal is too extreme and he should reduce the development by considering only two lots using Breezy Point Road as frontage and eliminating the public road. Although Mr. Benedict has applied for the required variances, in Staff's estimation, he has not demonstrated a hardship to justify the requested variances. Please refer to the attached planning report and data for further detail. Deny the application. Approve the application. Continue the hearing for additional information or specific direction to the applicant. Staff recommends Alternative #1. Staff supports a revised application for one new lot in the subdivision. This is a prudent and reasonable alternative available to Mr. Benedict. A motion to deny the application as submitted. 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER SUBJECT: APPLICANT: SITE ADDRESS: PREPARED BY: PUBLIC HEARING: DATE: PLANNING REPORT PRELIMINARY PLAT OF RED OAKS SECOND ADDITION MICHAEL S. BENEDICT 15380 BREEZY POINT ROAD HORST W. GRASER, DIRECTOR OF PLANNING X YES NO MAY 4, 1992 INTRODUCTION Staff has received an application for subdivision of land from Michael S. Benedict through his attorney, Bryce D. Huemoeller. The application is filed under Subdivision Regulation 6-3-1 Abbreviated Subdivision Process which is designed to expedite the subdivision process by allowing the City Council to grant both preliminary and final plat approval at one hearing. However, the applicant did not specify the level of approval in his application. The ~lan sheets and data indicate that he is not consolidating preliminary plat and final plat approval, and is only seeking preliminary plat approval at this time. If the Council finds in favor of the application, Staff reguests a two week continuation to explore engineering detail relative to the road and utility connections. In conjunction with the subdivision application the following variances were filed: 2. 3. 4. 5. A 48' lakeshore variance for Lot 1 to provide a building envelope. A 46' lot width variance for Lot 2. A 25' lakeshore variance for Lot 3 to provide a building envelope. A variance from the right-of-way width for a public road from the required 50' to 40'. A variance from the requirement that Breezy Point Circle be dedicated and improved as public road if desired by City Council. SITE ANALYSIS HISTORY/BACKGROUND: The subject property includes Lots 43 - 47, all of which are part of Red Oaks Subdivision platted in 1930 ( see Exhibit A). Legal access to these lots was via a 20 foot public dedicated driveway. The official plat indicates that Lot 47 had no lake encroachment in 1930. Today Lot 47 and a small area directly to the south are considered part of the lakebed of Prior Lake. The presumed excavation left Lot 47 completely unbuildable. 4629 Da~taSt. S.E.,Prior ~ke, Minnesota55372 / Ph.(612)~7-4230 / ~x(612)~7-4245 ~ EQUAL OPPORTUNITY ~P~YER Sewer and Water was provided to the subject lots in 1972 and 1973 and the lots were subsequently assessed. Mr. Michael Benedict, the owner in 1974, appealed the assessment based on the position that all of his lots are really only one large lot. The Council agreed to assess 150 feet of frontage and defer the balance of his assessment until a future subdivision (see attached Exhibit B, City Council minutes of August 5, 1974). In order to extend the deferment option to Mr. Benedict, the five individual lots had to be considered as one parcel. Consequently, Mr. Benedict agreed to replat all of his lots into one. He further petitioned the City Council to vacate the 20 foot public drive. The vacation occurred on October 21, 1974 (see attached Exhibit C). Although Lots 43 - 47 are described by one parcel number, an official replat into one lot was never applied for by Mr. Benedict. Mr. Benedict also gave 16 feet of Lot 47 to the City of Prior Lake for the construciton of Breezy Point Road in 1974. In 1982, Mr. Benedict proposed to bring suit against the City to extinguish a temporary easement he granted in 1974 in favor of Esther Dose, who resided on Breezy Point Road. The easement was granted by Mr. Benedict contemporaneously with the 20 foot road vacation to Esther Dose to provide access to her otherwise landlocked property directly southwest of Mr. Benedict. Eventually the City contributed a sum of money to purchase the Dose property and resell it to two adjacent property owners in Gateway Shores. PREVIOUS PROPOSALS: There have been no proposals for subdivision or variances since 1974. Mr. Benedict's home was built in 1974 and is constructed on Lots 43, 44, and 45. PHYSIOGRAPHY: The property totals 1.71 acres as measured above the 904 contour line. The buildable area of the property is surrounded by the lake on three sides. It is highly likely Lot 47 and the property directly to the south were excavated to perhaps give the building area more seclusion and increase its amenities. The 1972-73 sewer project had no bearing on this man-made channel. There are no steep slopes or grades which would affect building or improvement locations. The site is dotted with mature overstory consisting of oak, ash, and some softwoods. The elevations over the majority of the site range between 910 and 915. ADJACENT USES: The subject site is part of the Lakeside/Gateway Shores single family neighborhood. A majority of the lots have either direct or backlot lake access through an association. The lake separates the site from adjacent homes on the north, east, and west. To the south are two vacant remnant parcels which have been combined with Lots 1 and 2 of Gateway Shores Subdivision (see attached Exhibit D). The Red Oaks and Breezy Point Subdivision's were platted into predominately 50 foot lots. However, most of Red Oaks Subdivision has been redivided to form larger lots. Lots in Gateway Shores range in size from 14,000 - 16,000 square feet and commonly have 100 feet of frontage. The Red Oaks and Breezy Point Subdivision can be described as in transition. These two subdivisions contain a wide range of housing opportunities from cabins to executive homes. The trend is definitely larger homes on larger lakeshore properties. NEIGHBORHOOD ISSUES/IMPACT/CONCERNS: The proposal is inconsistent with evolving development patterns in this neighborhood. This development as proposed could lead to neighborhood questions of inconsistent interpretations of the Shoreland Management Ordinance. If a public cul-de-sac is approved, Lot 2 of Gateway Shores will have an opportunity for a lot split. The retrofitting of Mr. Benedict's parcel with a development inconsistent with standards found within the Shoreland Management Ordinance could have a disturbing effect on residences similarly experienced with other variance applications. COMPARISONS The Council has adopted shoreland management regulations emphasizing water quality through good land use management and awareness of water management problems. The Council's past actions attest to its committment to increase lot sizes. In 1988, Robert Paschke requested a lot split of a 28,700 square foot R-1 zoned parcel in Inguadona Beach. Four variances were filed with the application including a lot width and area variance for each proposed parcel. The city Council denied the application (see Exhibit E). In 1989, the Council considered the Bungert lot s~lit of Lot 13, Grainwood Park (see attached Exhibit F). Five variances were filed with this application including lakeshore, area, lot width, and side yard variance. The Council denied the application. By way of comparison, the Paschke proposal required lot dimension variances but had sufficient building envelopes. The Bungert proposal required building envelope and lot dimension variances. The Benedict proposal requires both lot dimension and building envelope variances. There have been numerous lot splits or consolidations of substandard lots of record of two lots into one or three lots into two. These type of lot splits differ from the proposal in that each lot had a vested right to obtain a building permit and fronted on a public road. The Benedict parcel should use the Breezy Point Road to satisfy its road frontage requirement for two lots whereby eliminating the need for a public road. DEVELOPMENT SUMMARY: The subject ~rop~rty is zoned R-1;SD. The minimum lakeshore lot size for r~parlan lots is 15,000 square feet measured above 904 elevation. The minimum width at the ordinary high water mark is 75 feet and at the road is 90 feet. Side yard setbacks are 10 feet and lakeshore setbacks are 75 feet from the ordinary high water mark. The lot coverage is 30%. The flood plain ordinance requires that the lowest building elevation is 909 and that a finished grade elevation of 909 must extend at least 15 feet beyond the foundation of the structure. DEVELOPMENT ANALYSIS PLANNING CONSIDERATIONS: The proposal is to subdivide about 1.7 acres of riparian land into three lots, each of which requires a variance. Lot 2 is developed with a non-conforming single family home that is 30 feet at variance with lakeshore setback requirements. Both Lots 1 and 2 will require, building envelope variances. The road right-of-way which is to provide access to the new lots is also requested to be downsized to 40 feet from the required 50 feet. In short, the proposal exceeds the carrying capacity of the land mass in question. In 1974, Mr. Benedict built a home on Lots 43 - 45. Lot 47 is divided by lake bottom and does not contain a building envelope. Lot 46 is a substandard 40 foot lot that contains a very small building envelope. During the same year he argued that all lots due to their physiographical constraints and private access should be considered as one lot. The City Council agreed, and to solidify the fact he successfully vacated the only public access to Lots 43 - 46. The only current access to the property is over an unbuildable parcel Mr. Benedict owns lying adjacent to and west of Breezy Point Road. Now, it appears that Mr. Benedict has changed his mind on the property. That's fine, however, development and environmental standards have changed dramatically form 1974 to 1992. Based on today's standards, the application is maximizing the property for development without sufficient justification for deviation from the code. It is doubtful that the road could be constructed without filling below the ordinary high water mark or without easements from adjacent property owners to the south. The DNR has walked the property, although their comments were not available when this report was prepared. Sewer and water are available to the site and of capacity to accommodate the proposal without much difficulty. The 9pplicant has included four variances that request a deviation from virtually all aspects of subdivision design. But he failed to include and analyze the impact on the neighborhood, hardships, and a general discussion of why this application is consistent with the intent of applicable ordinances. It appears that from the applicant perspective that this requirement is a subdiscipline of planning and only to be dealt with at the extreme variations of sound lakeshore management as prescribed in the Lakeshore Management Ordinance. STAFF RECOMMENDATION: It is Staff's opinion that this application may have a negative impact on the neighborhood, environment, and is inconsistent with the intent of the lakeshore management ordinance. The variances that are filed with this application will result in development that is inconsistent with past Council actions. If approved, the land mass will result in an overbuilt situation. The Paschke and Bungert denials have established a precedent for retrofitting previously platted areas. Staff recommends the applicant should consider a development consisting of only two lots. AI~ICATIO~ FO~ THE St~DMSION OF LA~D W17MIN THE CITY OF PRIOR LAKE Property Owner: Michael S. Benedict A~klress: 15380 Breezy FOiB~ Road. Prior Lake. MN 55372 S~3divider: Same as Owner ~ddress: (612) 831-0111 (w) A~ent: Bryce D. Huemoeller, gSq, Phone: (612) 447-2131 Ad~ress: 16670 Franklin Trail, Prior Lake, MN 55372 ~me of Surveyor: N~e of Engineer: Valley Surveying Co., PA lmhone: (612) 447-2570 Phone: Legal Description of Property: See attached Exhibit A Property Idenification Number (PID): 25-935-032-0 and 25-042-028-0 Present Zoning: R1 Property Acreage: Deed Restrictions: NO__ Yes x Documents 13237 and 40180. If so, please attach. Easements filed as lies the Applicant previously sought to plat, rezone, obtain a variance or co~itional use permit on the subject site or any part of it: No x Yes What was requested: I have read the Prior Lake Subdivision Ordinance and agf~ to provide the information and do the work in accordance with the pr~isions of the ordinance. Applicants~ignature MICHAEL S. BENEDICT Date 11/v/91 Fee Owners Signature MICHAEL S. BENEDICT Date THIS SECTION TO BE FIL~FD IN BY THE PLANNING DIRECTOR PI~hNNIlqG COMMISSION APPRO~fD D~ ~ OF H~ ~ ~~ , ~ DE~ ~ OF H~ ~I~S: Signature of the Planning Director Date Exhibit All that part of'Government Lot ~, Section 55, Township 119, Ran~.e Scott Cotmty, Minnesota, described as follows: Startin~ ,t , po{hr the West line of "Breezy Point" driveway l(X feet Southeasterly from the dividing line between Lots 2 and 5 Ex-tended Westerly; end ru~ming %hence [:orth 76" 50' West, J~.8 feet to a point on said dividin~ line between Lots 2 and 5, ~0. feet Southwesterly from the West line of said thence continuing South 6~" 28' West, 80. feet along said extension of the dividing line between Lots ~ and 5; thence Westerly at an angle of ~_~." 50' to the right, ~1. feet to a corner fence post; thence continuing Westerly alon~ this same line about 85. feet to intersect the South line of ~ 20. foot driveway along "Red Oaks"; thence Northeasterly s]on~ the said driveway line to intersect the West line of the driveway alon§ "Breezy Point"; and thence r%uming Southeasterly along said driveway line to a point of be§innin~. Lots (~5-~/~-~D-~6-~?) Forty-Three, Forty-Four, Forty-Five, Forty-Six 8nd Forty-Seven, Red Oaks, on Prior Lake, according to the plat thereof filed of record ~n the office of the Register of Deeds of the County of Scott, and State of Minnesota. '~pl~ Hlchael S. Benedict - l~cl~e~g 15~80 B~eezy Point Roads ~Prior Lakea .MN 55372 PE~pe~'y O~rler: Same as applicant ~ of O~ershtp: Pea x Corfcract (~ul~~rac~r: Bryce D. ~uemoeller. 'Esq. ~ ~~: Residential ~ ~~: Residential (612) 831-0111 lajal Description of Variance Site: See attached Bxhibit A Variance Requested: See attached Exhibit A ~as the applicant pre~iously sought to plat, rezone, obtain a variance or oonditional ~se permit on the subject site or any pert of it? Yes x No What ~as requested: When:. Disposition: Describe the type of improv~nentsproposed: Single family dwellin{s ~ISS~ON (A)C~pleted application form. (B)Pilinq fee. (C)Property Survey. (D)Certified from abstract firm, names and adclresses of property owners within 100 feet of the exterior'bo~daries of the subject property. (E)C~aplete legal /~scrip~ion Prope~ Identification limber (PID). (P)Deed restrictions or private oovenants, if applicable. (G)A parcel map at 1"-20'-50' showing: The site develol~Yc plan, buildin~s: parking, loading, access, surface drainage, landscapir~ and utility To the best of my knowledge the information presented on. this fora is a~klition, I have read Section 7.6 of the Prior,Lake Zoni~ O~dinance which ~i~l~ requtmuents for variance procedures. I agree/l/o provide~ ]~fomatio~ folloe the procedures ~s outlined in the Ordinance. Applicants' agnatureM. I¢.HA?L $: B~NE~ICT, Submitted this 3 day of Feb. 1992 -' k~ - by h±s a~rorney Bryce D. ltue~oeller THIS SPACE IS TO BE Fl~.n~n (lit BY ~tE ~ DIRSCIOR :-4 Signature of the Planning Director Date EXHIBIT A LEGAL DESCRIPTION Ail that part of Government Lot 1, Section 35, Township 115, Range 22, Scott County, Minnesota, described as follows: Starting at a point on the west line of "Breezy Point" driveway 10. feet Southeasterly from the dividing line between Lots 2 and 3 Extended westerly; and running thence North 76° 30' West, 14.8 feet to a point on said dividing line between Lots 2 and 3, 10. feet Southwesterly from the west line of said driveway; thence continuing South 61° 28' West, 80. feet along said extension of the dividing line between Lots 2 and 3; thence Westerly at an angle of 22° 50' to the right, 121. feet to a corner fence post; thence continuing Westerly along this same line about 85. feet to intersect the South line of a 20. foot driveway along "Red Oaks"; thence Northeasterly along the said driveway line to intersect the West line of the driveway along "Breezy Point"; and thence running Southeasterly along said driveway line to a point of beginning. Lots (43-44-45-46-47) Forty-Three, Forty-Four, Forty-Five, Forty-Six and Forty-Seven, Red Oaks, on Prior Lake, according to the plat thereof filed of record in the office of the Register of Deeds of the County of Scott, and State of Minnesota. REQUESTED VARIANCES 1. Lake setback variance of 25 feet from 904 elevation on adjacent bay for proposed Lot 3 and 48 feet from 904 elevation around pond for proposed Lot 1. 2. Variance from requirement that Breezy Point Circle be dedicated and improved as a public road, if desired by the City of Prior Lake. I I EXHIBIT B CITy OF PRIOR LAKE COUNCIL MINUTES, AUGUST 5, 1974 MINUTES of the Proceedings of the Village Council of the Village of Prior Lake in the County of Scott and State o Minnesota, including all accounts audited by said Council. Harold Israelson, City Engineer, was instructed to fulfil the commitment made to Lawrence Schwelch in regards to the fill along Maves Road, as agreed to in a meeting attended by Mr. Schweich, Mrs. Bluedorn, Mr. Oalces, and Mr. Israelson on July 29, 1974. The question regarding the gravel will be settled between Mr. Israelson and Mr. Schweich. Motion was made by Watkins to grant a 30 day extention to the Civil Defense Siren Contract, seconded by Busse and upon a vote taken, it was duly passed. Motion was made by Busse to designate the City Administrator as the contact person to the Minnesota Data Privacy Unit, seconcled by Watkins and upon avc taken, it was duly passed. Motion was made by Busse directing the City Administrator to send a letter to t County Engineer stating that the City requests that County Rd. #44 be zoned 3C mph from Hwy 13, past the Senior High School and 45 mph from that point on, seconded by WatkEns and upon a vote taken, it was duly passed. In regards to a meeting with Mr. Mike Benedict, Mr. Oakes stated that: Mr. Benedict agrees to replat to one parcel, that he will be.assessed for his total acreage and for 150 feet of frontage, and .that the balance of his front footage will be deferred based on the number o~/~u~ ~able Jots. He also agreec to give the City a road easement of 15 feet, up to 20 feet if necessary. The City agrees to restore ~dd~:::izrsewer swa/~F~easement to level of adjoining land, ¢ agrees to vacate the public road across his property provided that.bls replat includes a stipulation as required so that other property will not be land loci<et or until other means are provided and approved by the City Council. Motion was made by Busse to install a street light by Ralph Borka's house, se- coflded by Watklns and upon a vote taken, it was duly passed. Motion was made by Watkins to install a street light by Green Heights Tavern, seconded by Busse and upon a vote taken, it was duly passed. Motion was made by Watkins to approve the j:e~ues.t of. the ~)eople of the Kortsch Drive area to block off Kortsch DriveC'C~C~Pl.~.i'~t~'12:00 P.M. for a celebration, seconded by Busse and upon a vote taken, it was duly passed. Motion was made by Oakes authorizing the payment of $212.00 to the League of Minnesota Municipalities for dues, seconded by Busse and upon a vote taken, it was duly passed. The follow~ng bills for the month of July were approved and paid: GENERAL FUND State Treasurer County of Scott Ray Johnson P.L. State Bank Comm~ss'.'o~er cf Tcx. PERA 1,389.51 Assessment Agreement 1,500.00 Overtime 60.84 Federal Deposit 913.40 ~. ~.,.~ . ,, .... EXHIBIT C CITY OF PR/OR LAKE COUNCIL MINUTES, OCTOBER 21, 1974 of the Proceeding~ of the Village Council of the Village of Prier Lake In the County of Scott and Stat~ of MI.nesota, Including all accounts audited by said Council. IMr. Sullivan explained ~he relocating of the road easement on Fairlawn Shores Road. There being no o~Jections a motion was made by Watkins to vacate and relocate that portion of Fairlawn Shores Road (abutting lots 11 through 19), seconded by Busse and upon a v~te taken it was duly passed. iSullivan expla~ed the vacating of a portion of Breezy Point Road. re being no objections a motion was made by Busse to vacate that portion Breezy Point Road (abutting the South side of lots 23, ~4, 25, 26, and , seconded by Watkins and upon a vote taken it ~as duly passed. Mr. Sullivan explained the vacating and relocating of the Road in Maple Park Shore Acres. There were considerable questions on this matter. Tb.e Public Hearing on this Road was continued until November ~, 197~ at 7~30 P.M. The following corrections were noted in the Minutes for previous month. Page 7, 2nd Para., last sentence - vote was misspelled. Page 9, 9th Para., 2nd sentence should read "on site inspection". Motion was made by Watktns to approve the minutes as corrected, seconded by Busse and upon a vote taken it was duly passed, Motion was made by Watkins to approve the b4] ~ previously approved by the Finance Committee, seconded by W~ams and upon a vote taken it was duly passed. Mr. Ray Callaway was present and objected to his street, sewer and water assessment. Motion was made by Busse ~ha% Mr. Callaway be assessed for 150 feet times approximately $6.~0 for the street assessment, seconded by Watkins and upon a vote taken it was duly passed. Motion was made by Watktns to reaffirm the Council Policy .which states that all parcels in an R.L.S. w~ be assessed, and to reaffirm Mr. Callaway's assessment, seconded by Williams and upon a vote taken it was duly passed. Mr. Oakes abstained. Mr. Frank Muelken, representing Hr. Pitzl was present in regards to his sewer and water assessment on lots 29, 30, 31, 32, and 33 of Red Oaks. Motion was made by Oakes to assess lots 29 and 30 of Red Oaks front footage and acreage, seconded by Watkins and upon a vote taken it was duly passed. Motion was made by Oakes that lots 31, 32, and 33 of Red Oaks be considered individually, if b,,~dable they wi2.1 be assessed, seconded by W~liams and upon a vote taken it was duly passed. Mr. Watkins will deter~e whether these lots are buildable. Motion was made by Watkins to extend the due date for Mr. Pitzl's water and sewer assessment until October 30, 1972, seconded by ~iams and upon a vote taken it was duly passed. Mr. Larry Nicholson was present and asked for a clarification of his L,g~'g~' assessments. Motion was made by Oakes that Mr. Nicholson's current ~. ~ assessment shall be~ 150 feet, plus 10 feet around the corner, times 22.00 per foot, for a total of 3520.00. The acreage charge is 1.20 acres times $725.00 per acre. The remaining front footage will be deferred until the lot is sub-divided or another house is built on it. Seconded by Watkins and upon a vote taken it was duly passed. EXHIBIT D 3 4 GAT ~ 14 13' I! SCHMIDT £AST ~ ~ORN£ EXHIBIT E ~0¢ P~~hk. Fence I.$t N'Iy ! ~ OAKS S~CON]D ADDITION PRIOR LAK~, MINNESOTA A P~~ D~OP~ 0~/ DEgliI~PER MIKE BENEDICT 15380 Breezy Point Road Prior Lake, Mn. 55372 ATTORNEY BRYCE D. HUEMOELLER 16670 Franklin Trail SE Prior Lake, Minnesota 55372 Telephone 612-447-2131 DESICN ~ONSIN~TANT: V~TI.EY SURVEYING CO., P.A. 16670 FRANKLIN TRAIL SE SUITE 120-C PRIOR LAKE, MINNF~qOTA 55372 Telephone: 612-447-2570 SURVEYING AND PLANNING Ronald A. Swanson, R.L.S. RED O~XR SECOND ADDITION PAGE I TABLE OF CONTENTS NARRATIVE PAGE Property Location 2 Property Legal Description Zoning 2 Existing Site Conditions 3 Storm Water Runoff 3 Steep Slopes and F~osion Control Measures Vehicular Access 4 Tree Inventory Architectural St~mndards Request for Subdivision EXHIBITS Preliminary Plat (reduction) Site Grading, Utilities and Erosion control (reduction) 1" = 50' Color Exhibit (actual scale) RED OAKS SECOND ADDITIO# Page PROPERTY LOCATION: The property is bounded on the east by Breezy Point Road, on the south by the plat of Gatewa~ Shores and on the west and north by Prior lake. PROPERTY LE~ALDESCRIPTION: All that part of Government Lot 1, Section 35, Township 115, Range 22, Scott County, Minnesota described as follows: Starting at a point on the west line of "Breezy Point" driveway 10 feet southeasterly from the dividing line between lots 2 and 3 extended westerly; and running thence North 76 degrees 30 minutes West 14.8 feet to a point on said dividing line between lots 2 and 3, 10 feet southwesterly from the west line of said driveway; thence continuing South 61 degrees 28 minutes West 80 feet along said extension of the dividing line between lot 2 and 3; thence westerly at an angle of 22 degrees 50 minutes to the right 121 feet to a corner fence post; thence continuing westerly along this same line about 85 feet to intersect the south line of a 20 foot driveway along "Red Oaks"; thence northeasterly along said driveway line to intersect the west line of the driveway along "Breezy Point"; thence running southeasterly along said driveway line to the point of beginning. Together with Lots 43, 44, 45, 46 and 47, Red Oaks on Prior Lake, according to the plat thereof on file and of record in the Office of the Register of Deeds of the County of Scott and State of Minnesota. And all that part of the now vacated 20 foot driveway created in the plat of "Red Oaks", lying along the easterly line of said lots 43, 44, 45, 46 and 47. ZONING C[~ASSIFICATION: The property is presently zoned R-1 Single Family Residential and the requested use for this project is also R-1 Single Family Residential. RgD Oleg SECOND ~IlI)ITION Pa~e ~ EXISTING SITE CONDITIONS: The plat of "Red Oaks" was originally filed in April 1930 and the metes and bounds portion of the property was created shortly thereafter. As shown on the site development plan there are approximately 15 mature trees ranging in size from 10 to 40 inches in diameter scattered throughout the site. There is a small pond area in the easterly corner of the site. This will over flow into the lake during high water. Public sanitary sewer, water and electrical services are available to the site at this time. STORM MATER RUNOFf: Predevelopment stormwater runoff flows easterly into the pond or westerly and northerly into the lake. The runoff from Breezy Point Road also flows into the small pond and will overflow into the lake when the water in the pond becomes high enough. Preliminary review of the site indicates that on site ponding of surface water runoff will not be necessary for the requested improvements. All storm sewer easements need for the site will be provided with the final plat submital after the final plans are approved by staff. STm~P SLOPES A~OSION CONTROL ~m. AgURES: There are no steep slopes or existing soil erosion problems on the site. As required by city ordinance proper erosion control and runoff containment will be provided during construction of the houses. Upon completion of the building construction and utility hookup all disturbed areas will be dressed off and covered with sod. RE~ O~S SECON~ ADDITION Pa~e~ The access to the site from highway 13, will be via Ridgemont Avenue, Rutledge Street and Breezy Point Road. The proposal is to improve the existing driveway access onto Breezy Point Road by grading and paving to meet the city street section standards with the exception of the width as stated herein. As previously stated the existing site contains 15 mature trees consisting of the following. BEFORE CONSTRUCTION AFTER CONSTRUCTION 1 32 inch Willow 0 1 10 inch Apple 0 1 18 inch Catalpa 0 1 10 inch Box Elder 0 2 14 to 16 inch Ash 2 2 24 to 42 inch Basswood inch 7 20 to 40 inch Oaks 6 20 to 40 inch Under the existing ordinance the developer is required to provide two 2.5 inch plantings per lot. Because of the proximity of the lake it is the developers intention to provide two 4 inch trees per lot in addition to the required trees. The plantings would be two 4 inch Red Oak trees and two 4 inch Ash trees. It is recommended that with the future homeowners approval all of the 4 inch trees be planted along the lakeside of lots 1 and 3. The required 2.5 inch trees would be placed on the street side of the lots and would consist of 2 White Oaks, 2 Mountian Ash and 2 Spruce trees. RED OAKS SECOND ADDITIO~ Page ARCHITECTURAL STANDARDS It is the intention of the developer to have custom built frame houses with two individual house designs using earth tone color or wood exterior finish. REQUEST FOR SUBDI¥ISION The proposal as presented is for preliminary plat approval to subdivide the existing 5 lots and adjacent metes and bounds parcel into 3 single family lots. The Owner is also requesting a lake setback variance to 50 feet from the normal of 75 feet. This request is consistent with past approvals in older subdivisions where the existing homes are less than the required setback. In this situation the existing home on lot 2, is less then 50 feet and some of the homes in the adjoining Breezy Point plat are actually less than 25 feet from the 904 l~ne on the main lake shore. With this is also a request to waive the set back requirement on proposed Lot 1 where the existing 904 elevation wraps around the property and the pond area as noted on the preliminary plat exhibit. As shown on the site plan this would leave a distance of approximately 27 feet from the 904 elevation at the closest point. It should be noted that the proposed lot 1 has 16,600 square feet above the 904 elevation not including any of the area above 904 easterly or southerly of the pond. Because of the limited number of lots (3) and the access restriction due to the pond location the request is also to allow a 40.0 foot diameter right-of-way for the culdsac and a 40.0 foot road right-of-way for the proposed Breezy Point Circle. This would provide adequate access for the needs of this subdivision. If the City would prefer the developer could construct and maintain this as a private drive. The proposal as presented will not require any filling below the existing 904 elevation. The two house pads as shown on the site plan and color e~hibit on page 8 will allow a 2900 square foot first floor plan with a 3 car garage it is the developers opinion that this type of housing would be an asset to the neighborhood and to the City of Prior Lake. It should be noted that the existing lots have been of record for 62 years and Mr. Benedict has owned the property for the last 18 years. dIKE BENEDICT ~REEZY POINT RD L~KE, MN 55372 Valley Surveying Co., P A. SUITE 120-C, FRANKLIN TRAIL OFFICE CONDOMINIUM 16670 FRANKLIN TRAIL S.E. PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447-2570 SITE PRELIMINARY PLAT OF RED OAKS SECOND ADDITION. LOCATION MAP PRIOR LAKE )50 SCa, L[ IN FEET IrlL! I herel)y cirtlfy Mat II~le pi~lim, pl~t was pm~r~ ~ me ~ ~r ~ dlr~ff ~111o,~ ~d ~f I ~ · du~ Ll~naed L~ un~ Io~ ~the State ~ ~fe~~ ~ ~f83 PREPARED FOR: MIKE BENEDICT 15380 BREEZY POINT RD. PRIOR LAK£, MN. 55372 Valley Surveylhg Co., P.A. SUITE 120-C, FRANKLIN TRAIL OFFICE CONOOMINIUM 16670 FRANKLIN TRAIL $.E. PRIOR LAKE, MINI~ESOTA 555?2 TELEPHONE (612) 447-2570 SITE DEVELOPMENT, UTILITIES, GRADING EROSION CONTROL PLAN PM~O~EO ~ADES -- BSM,T FLOC~ A~' EL, 909 ~0 TOP OF BLOCK Al' EL 91300 ~dR. SLAB A}' EL 909 ~0 FENCE *% '\ PRO~O.~ED ~RAO~ FLOOR JO ~ o~m .--"F, XISTI#G CONTOUR I.TNE .... ~ '*'PROPOSED I'Z#ISH CO#TOUR ~ PROPOSe) DXRECTZOIJ OF FZ#LtH SURFACE DRkXNAGI; ...... *~ ......." ........ SXbT IT, NCE ~O~XOII CO#TROt, ~ EXL~TX#G TRL~- AND TYPE $C&LE IN FEET , I)~ I~ ma~ument found dlroct mJpO~lolo~ arid fl~t a duty I.Ic~#d Land ufld~ IOw Iowu of/hi Store of HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL POST OFFICE BOX 67 PRIOR LAKE, MINNESOTA 55372 JA/~E5 D. BATES BRYCE D. HUEMOELLER May 4, 1992 Telephone (612) 447-2131 Telecopier (612) 447-5628 Prior Lake City Council 4629 Dakota Street Prior Lake, MN 55372 Re: Proposed Plat of Red Oaks Second Addition Dear Council Members: This letter responds to the Planning Report for the hearing to be held May 4, 1992 on the preliminary plat of Red Oaks Second Addition (the Plat). The Plat proposes to subdivide Lots 43 to 47, Red Oaks, the vacated 20 foot right-of-way adjacent to the lots, and a small parcel adjacent to the vacated right-of-way, containing approximately 1.7 acres, into three residential lots. The Plat is located within the Shoreland District. Each pro- posed lot has adequate area and width along the shoreline of the lake. However, variances have been requested for setbacks from the normal ordinary high waterline (the NOHW) and for the pro- posed road serving the Plat. The following is submitted in support of the application and in opposition to the negative recommendations contained in the Planning Report. The Planning Report focuses on the variance requests filed with the application for subdivision. The Council has authority to grant variances from the provisions of the Prior Lake Subdivision Ordinance (see Section 6-9-1) as follows: 1. In a particular case; 2. Having exceptional topography or other physical conditions; 3. where exceptional and undue hardship would result if strict compliance is required; 4. Where the proposed relief will be without detriment to the public welfare; and Prior Lake City Council May 4, 1992 Page 2 5. Where the proposed relief will not impair the intent and purpose of the ordinance. It is the applicant's position that the proposed subdivision, if approved with the requested variances, will meet the intent and purposes of the applicable ordinances. A. PARTICULAR CASE. The facts leading to the variance requests are unique to Prior Lake. The Plat is a replat of ]and originally platted in 1930. The land is peninsular. The ]and is part of the plat of Red Oaks, but is more closely identified with the plat of Breezy Point. The land is located on a small bay of lower Prior, and not on the main lake. The "pond" on Lot 47 does not appear on the 1930 plat and may not have been connected to the lake until the installation of the sanitary sewer line in 1974. Consequently, it appears that the bed of Prior Lake does not extend into the pond and that the pond should perhaps be classified as a wetland within the meaning of section 6-6-4 (F) of the Prior Lake Subdivision Ordinance, entitled "Water courses", to which the typical setback rules are not applicable. B. EXCEPTIONAL TOPOGRAPHY OR PHYSICAL CONDITIONS. As stated in paragraph A above, the Plat is peninsular, located on an internal bay, and adjacent to a "pond" that historically does not to appear to have been a part of Prior Lake. If the pond was not a part of Prior Lake, the bed of the pond would be owned by the adjacent land owner and not by the state. If the pond was subsequently connected to the lake without proper DNR or other authorization and permits, as is alleged in the Planning Report, the pond would not become a part of Prior Lake as a result of such unauthorized dredging, nor would the title of the state to the bed of Prior Lake extend to the pond. This very unusual and unique set of circumstances that applies to the Plat supports the granting of the requested variances. C. CAUSE EXCEPTIONAL AND UNDUE HARDSHIP. The essence of the exceptional and undue hardship is the loss of a homesite on a lot that substantially exceeds the minimum square footage mandated in the Shoreland District. D. NOT DETRIMENTAL TO PUBLIC WELFARE OR IMPAIR THE INTENT AND PURPOSE OF ORDINANCE. The Plat and the requested variances are consistent with the ordinance. The lots resulting from the Plat will have access to all required municipal ser- vices. The lots exceed the minimum area standard for the Shoreland District. The lots will support homes of a size, con- figuration and value that is consistent with other homes in the adjacent neighborhoods. In fact, the lots will in general be larger than many of the other lots in Red Oaks and Breezy Point. Prior Lake City Council May 4, 1992 Page 3 In general, the intent of the ordinances will be preserved because the size, proposed uses, anticipated improvements, access to uti- lities, elevation and configuration of the lots are consistent with the City's objectives. E. APPLICATION OF STANDARDS TO REQUESTED VARIANCES. The foregoing standards for granting variances to the Prior Lake Subdivision Ordinance apply to the requested variances as follows: 1. The setback variance for proposed Lot 1 is founded on the unique topography of the lot. The Applicant has requested a precautionary variance with respect to proposed Lot 1 because of the current topography. As is noted in the Planning Report, the pond was apparently not a part of Prior Lake in 1930 and may have been connected to the lake sometime thereafter. In such event, the setback requirements for the Shoreland District would not apply, but the parcel would be subject to (and meet) the 50% wetland requirement contained in Section 6-6-4(F) of the Prior Lake Subdivision Ordinance. It seems to us that the purpose of the variance provisions of the ordinance is to deal with highly unusual situations such as this, and that under these unique and particular circumstances, the variance should be approved. 2. The lot width variance for proposed Lot 2 is a product of the peninsular nature of the Plat. Although at the 25 foot setback line a variance is needed, the lot contains over 22,900 square feet and has a width at the existing structure of over 150 feet. 3. The lake setback variance proposed for Lot 3 is consistent with the provisions of the Shoreland District (see section 5-8-3(E)(2) which allow for reductions in the setback to conform to the average of existing homes on adjacent lots. 4. The reduction in right-of-way from 50 feet to 40 feet does not appear to require a variance under the ordinance based on the footnote to Table 1 to Section 6-6-2(B) of the Prior Lake Subdivision Ordinance, which provides that the Council may reduce the widths in situations where topography, limited right-of-way, or other unusual conditions require. However, to the extent the Council determines that a variance may be needed, the unusual and unique topography and circumstances of the Plat support granting the variance. 5. The private road alternative may not require a variance since Section 6-6-2(I) specifically provides and authorizes the approval of private streets by the Council. The request was included with the application because the Applicant was informed that the City Engineering staff preferred that the development be Prior Lake City Council May 4, 1992 Page 4 served by a private road. G. PRIOR AGREEMENT TO SETTLE ASSESSMENT APPEAL. The Applicant believes that the Plat is not governed or precluded by the settlement agreement made with the City in 1974 to resolve a special assessment appeal. First, the agreement was not intended to limit or reduce the density for the property; it was merely intended to provide a mechanical means for resolving the assessment appeal. To argue that the settlement agreement should now serve to limit or reduce the density of the property is cer- tainly inconsistent with a settlement in which Mr. Benedict agreed to the imposition of assessments (both current and deferred) upon his property based upon an understanding that the market value of the property increased by at least the amount of the current and deferred assessments. It seems unfair and inconsistent with the agreement for the City now challenge the Applicant's request for a three lot density when that was the foundation for the settlement of the assessment appeal. H. PAST VARIANCES. Both the City and the Applicant have been feverishly digging through the variances granted or denied by the Council over the past few years. The Applicant believes that the variances cited in the Planning Report should not be followed in this case because the factual background is sufficiently different to render them inapplicable. Furthermore, the Applicant has found or is aware of several variances granted over the past years that indicate the Council has construed undue hardship under the subdivision and other ordinances favorably to the Applicant. 1. The facts in the Paschke variance do not support the conclusions in the Planning Report. The critical issue, and the basis for the decision in the Paschke variance, was a finding that the road access within Inguadona Beach was inadequate, so that granting the variance would be inconsistent with various public safety concerns expressed by the Council and the neigh- bors. That single issue dominated the case and is not present here. 2. We are not as familiar with the Bungert variance, but the synopsis contained in the Planning Report notes for variances. We believe that the request for an area variance is the critical and dominant difference. The tenor of the shoreland district and the subdivision ordinance is reduction in density. The Bungert application was inconsistent with this objective, while the Benedict application furthers this objective by creating three lots, each of which exceed the minimum square footage standard. Prior Lake City Council May 4, 1992 Page 5 3. The nearby plat of Breezy Point contains many examples of side and lake setback variances, on substandard lots, that have been granted. 4. The David Rubenzer variance is similar to the lake set- back variance requested for Lot 1. The request involved a lot in The Harbor West which contained more than 15,000 square feet. The lot had an irregular shape, and because of its low elevation, required a 50 foot setback variance from the 904 NOHW. The variance was approved with findings that include the following: "At the time of platting in 1982, it was recognized that the 75 foot lakeshore variance could not be met." ". . . There is no building envelope on the subject site where a structure could be placed to meet current zoning standards .... " " The neighborhood is fully developed and would nog ~eg a precedent for future development." "The hardship is not caused by the applicant but further is the result of the ordinance and actions of the City of Prior Lake." 5. The rule followed in the Gustafson variance for the com- bination of substandard lots of record to create larger building parcels applies to this application. I. CONCLUSION. The application for subdivision meets the requirements of the subdivision ordinance and should be approved. The property contains exceptional topography and other physical conditions that support the granting of the requested variances. iycDCerel y yours, · Huemoeller BDH:dp F'l!i~ T Z T iii OIq "['till DEli'4 ¥ A F' F'I... ii'. CA'T' Z 0 N tiiIF' T' [..{Ii!i; F:' R O P C S [iZ D R ['i!i D O A I< S :B E C O N D [:!il I) ]'. T Z O Iq. .'i. m m (.:.? cI .'i, i!!t 'L'.i.? i!!t t" (.):,)i{!t CII,,I C,? 't'. C) I?, .1. c r" k i. n g .1. a t4 e v .i (.:.:.:~ o 'f' ~:.:;(::)m 0 l&ll"l (.? 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I.~'N AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 9 DAVID UNMACHT, CITY MANAGER SECOND CONSIDERATION OF ORDINANCE 92-01 MAY 4, 1992 EURASIAN MILFOIL INTRODUCTION: DISCUSSION: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: The purpose of this item is to continue discussion on Eurasian Milfoil Ordinance 92-01. Discussion will occur on the proposed DNR Amendments recommended to the Prior Lake City Council. Enclosed please find a revised copy of the Eurasian Milfoil Ordinance 92-01 incorporating the DNR Amendments. In addition, please find a draft policy statement implementing the Ordinance on riparian notification. During the April 20 review, discussion occurred by the City Council on property owner notification. As a result of this discussion and Lake Advisory Committee input, a draft implementation plan is provided for your review. In addition, the City Council directed staff to place this item on the Agenda for May 4, 1992 for additional public input and testimony. The alternatives are as follows: 1. Table discussion on Ordinance 92-01 for further research and review. 2. Adopt Ordinance 92-01 as recommended by the DNR. Make Amendments to Ordinance 92-01 and forward to the DNR for their consideration and review. Review and adopt a policy on the implementation of the Ordinance with respect to riparian notification. The Lake Advisory Committee alternatives number 2 and 4. recommends The action required will vary based on Council discussion. 4629 Dakota St. S.E_ Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax i612) 447-4245 A~'~ EQL'AL OPPORTUNITY IL'VlPLOYER 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 Code to read as follows: 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 penalties relating to the introduction and cont£ol of eurasian ~at~r milfoi] 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 o~ Prior Lake. {Applicable !ay, M.S. 18.317 Sub. ~.~ A person shall not anchor or operate a watercraft within any area identified by qualified aquatic biclcgists and marked for prescu.lbcd hzoatmont .,.~%h  ellow milfoil buoys as authorized in Minnesota Rules 110.1500. Sub. 7. {c) Enforcement, emergency, resource management and government pe~sonna] this ordinance when performing official duties or authorized work as prescribed in Minnesota Rules 6110.1200, Sub. 2, Para. 3. The City of Prior Lake, the Scott County Sheriff's Department and the Department of Natural Resources will revie~ their experience with the crdlnanc~ and, ~ --~ upon that, the City will consider amendments to conform w~th the adopted DNR Eurasian Water Mi]foil Plan and any 8ppropriate legislation on this matter for the 1993 boating season. 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 o~ this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to excood c.~ven hundred dcllars ($700) or by imprisor~nt not to exceed ninety (90) days, and costs. This ord~nancc shall becom~ effective ~'- - ' ~o,,, and of- '-:" tz pass&pc and publication. Passed by the City Council of the City of Prior Lake this day of , 1992. ATTEST: City Manager Mayor Published in the Prior Lake American on the , 1992. day of Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 DRAFT POLICY ON RIPARIAN NOTIFICATION FOR IMPLEMENTATION OF ORDINANCE 92-01 The Search Coordinator for the Prior Lake/Spring Lake Water District will be responsible for the riparian notification policy in the implementation of the Eurasian Milfoil Ordinance 92-01. The Search Coordinator will be working in conjunction with City staff, Scott County Sheriff's Department, and DNR representatives. The following policy on riparian notification will guide the implementation of Ordinance 92-01: Upon consulting with appropriate officials and after confirming an Eurasian Milfoil location, the Search Coordinator will take appro?riate action to mark the identified area with prescribed yellow milfoil buoys. The buoy placement will coincide with the initial date of treatment. The Search Coordinator will contact any affected riparian land owner(s) prior to placing the buoys. The Search Coordinator will discuss with the riparian land owner(s) any access options available to the individual. The Search Coordinator will keep the riparian land owner(s) informed of the length of ti~e the buoys will remain within the specific area. It is the intent of the policy to retain the buoys in a specific area for a period not to exceed 21 days after the initial date of treatment. However, exceptions will occur based on the success of treatment, subsequently agy extension of buoys past 21 days which affect riparian land owners will be discussed with the land owners. The City of Prior Lake, the Watershed District and Lake Association will implement an information and education program to all riparian land owners in identifying Eurasian Milfoil and seeking support for the management, control and eradication of this plant. NOTE: This policy is a draft and should be approved by the Search Coordinator. This policy is not designed to implement all the variables of Ordinance 92-01. Details of implementation will be worked out during the season by all parties noted in opening paragraph above. May 4, 1992 DRAFT P I,%.N E CONSENT AGENDA: REQUESTED BY: SUBJECT MATTER: DATE: 10 BILL MANGAN, DIRECTOR OF PARKS AND RECREATION CONSIDER RESTRICTIVE COVENANT AGREEMENT WITH DAVIDAND DOROTHY WATZL MAY 4, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The purpose of this agenda item is to clarify and identify the uses of the park entrance to Watzl's point off of Red Oaks Road. At the request of the Watzl's, Norb Traxler has written a Restrictive Covenant Agreement which delineates the uses of that entrance. Staff consented to the request of the Watzl's to put an agreement in writing so that there wouldn't be problems in the future. This document is a result of that effort. Staff has reviewed this agreement, and met with Traxler to discuss the contents of the document. The background of this conflict is well known by all parties involved going back to the purchase of the Watzl property in 1976. As a result of an unwritten understanding between the City and the Watzl's, sixteen years later there is an interpretation conflict over how this entrance is to be used. This conflict surfaced again last summer when the City ?roceeded with our trail improvement project in Lakefront Park. With respect to handicap access, this summer the City will construct a separate entrance road within the park that will allow for handicap access to the parking stalls at Watzl's Point. This road will allow direct access to Watzl's Point for vehicles, however, only handicapped parking is available at Watzl's Point. In addition, the City has installed a permanent gate at the Red Oaks entrance. This gate substituted the previous gate which had been in place for a number of years. The main points of the Restrictive Covenant are as follows: 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDATION: ALTERNATIVES: ACTION REQUIRED: 1. The access will be used by the City for ingress and egress of maintenance and emergency personnel (as has been the precedence from the past); and 2. The City will install a permanent gate at an agreed upon location to prevent unauthorized vehicles from entering. The entrance off of Red Oaks will allow for pedestrian and bicycle traffic to pass through. However, the gate is locked with a City lock and adjacent owners have been issued keys to allow them access through this entrance. This arrangement is acceptable to the Watzl's. Please review the attached Restrictive Covenant Agreement as prepared by Norb Traxler. The Watzl's will be present to request Council action on the Agreement. Staff has reviewed this Agreement with legal counsel and informally with the City Council. Several opinions exist on how to proceed. Staff is seeking Council direction to end this conflict. Staff supports a written agreement with the Watzl's, whether that is in the proposed draft or in an amended draft. The Council has the following available options: 1. Approve the Restrictive Covenant between the City of Prior Lake and Dorothy Watzl. Agreement and David 2. Do not approve the Agreement which will they are. Restrictive Covenant leave conditions as 3. Change the Restrictive Covenant Agreement to reflect the Council's position and then approve the agreement. 4. Table the issue for further review and study. A motion by the Council to approve the Restrictive Covenant Agreement as drafted, or in revised form, between the City of Prior Lake and David and Dorothy Watzl would be in order. ROBERT O. O'NEILL NORBERT B. TRAXLER STEVEN D. ZARD CHRISTOPHER A. NEISEN O'NEILL, TRAXLER & ZARD, LTD. ATTORNEY8 AT LAW LAW BUILDING P.O. BOX 106 NEW PRAGUE, MINNESOTA 56071 New Prague: (612) 758-2568 Metro Une: (812) 445-3696 FAX: (612) 758-2599 Toll Free: (800) 657-3286 April 10, 1992 Mr. Dave Unmacht City Manager 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 Re: Restrictive Covenants Dear Dave: Enclosed herewith find the original of the revised Restrictive Covenants with the Watzls. I understand this is on the agenda for the City Council meeting on May 4th at 9:00 P.M. Thank you. Yours very truly, O'NEILL, TRAXLER & ZARD, LTD. rt B. Traxler NBT:dmh Enclosure RESTRICTIVE COVENANTS (Rev. 4/10/92) THIS AGREEMENT, entered into this 4th day of May, 1992, by and between DAVID WATZL and DOROTHY WATZL, husband and wife, hereinafter referred to as WATZLS, and the CITY OF PRIOR LAKE, hereinafter referred to as CITY. WHEREAS, WATZLS are the owners of the following described property to-wit: Lots 1, 2, and 3, Red Oaks Addition to the City of Prior Lake, according to the plat recorded thereof, Scott County, Minnesota. WHEREAS, The CITY is the owner of property described as follows, to-wit: Lots I through 5, Watzl's Point Addition to the City of Prior Lake, Scott County, Minnesota. WHEREAS, The property owned by the CITY is incorporated into a park known as "Lakefront Park", and said CITY requires access for maintenance of the facilities within Lakefront Park, where said access is, in part, common with the WATZLS' residence driveway, and WHEREAS, The parties have reached an agreement as to the scope of said access. NOW, THEREFORE, IT IS AGREED That the CITY shall use the access to Lakefront Park which passes adjacent to that property owned by WATZLS to allow for ingress and egress of personnel and vehicles to allow for maintenance and access of the facilities located within Lakefront Park, and to further grant necessary emergency vehicular traffic right of ingress and egress. The entrance shall remain a public park entrance, however, it shall be limited to the ingress and egress of maintenance and emergency vehicles as prescribed above. To limit the access, the CITY agrees to install and maintain a permanent and secured gate at a location agreed upon by both parties which prevents unauthorized vehicular traffic from entering the park. The parties agree that these restrictions shall remain unless and until modified in writing by the mutual consent of the parties hereto or their successors, heirs or assigns. David Watzl Dorothy Watzl CITY OF PRIOR LAKE BY: Mayor City Manager STATE OF MINNESOTA) )SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1992, by David Watzl and Dorothy Watzl. Notary Public 2 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 1992, by and , the Mayor and City Manager respectively, for and on behalf of the City of Prior Lake. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Norbert B. Traxler O'NEILL, TRAXLER & ZARD, LTD. Attorneys at Law 222 East Main Street P. O. Box 105 New Prague, Minnesota 56071 3 LEAGUE OF MINNESOTA CITIES LEGISLATIVE WRAPUP SESSIONS The League of Minnesota Cities will hold four legislative wrapup sessions on May 12, 13, 15, and 16, 1992, to discuss new laws enacted during the 1992 Legislative session. This year, the League is adding a Saturday session to encourage attendance by both elected and appointed officials. To register please return the registration form at the bottom to: LMC Finance Department, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101-2526. Please contact Lynda Woulfe at (612) 227-5600 if you have any questions. L~C LEGZB~%TZFB WRAPUP BEBBZONB RI~QZSTgJkTZON Registration fee is $25 per person advance; $3S on-site (includes lunch). Please make ~ottr check parable to the Leaque o£ Minnesota Cities. Name Name Title Title Address City Phone ( ) I (we) will attend the Mankato ~ May 12 Minnetonka ~ May 13 session in: Bemidji May 15 St. Cloud May 16 Number attending Total enclosed Return toz L~C Finance Department 183 University Avenue East St. Paul, MN 55101-2526 PLEASE DISTRIBUTE TO YOUR COUNCILMEMBERS AND OTHER INTERESTED CITY OFFICIALS AGENDA ReglMratlon l~.O0 a.m.-Nooe Per~onnM & Retkem~lt Rev~ue ~cl John T~Ii~, ~ ~ ~n T~lln~, ~ ~ 2:4~3:~ Tmn,~, ~r~ ~ SITES Tuesday, May 12 Mankato Holiday Inn Downtown 101 Main Wednesday, May 13 MinnetonLa R~disson Hotel 12201 RJd~.dale Drive Friday, May 15 Bemidji Holiday Inn Highway 2 West Saturday, May 16 St. Cloud Sunwood Inn Hwy. 23 z, 4th Av~. So. League of Minnesota Cities B U L L E TIN mefr. opohf.an mun,crpalihe$ Match 27.1992 To: Mayor,J, Managers/Administrators FIOM: AMM staff Innovative City Award. Nominations for AMM officers and Bo~d Dir~¢ton. Annual Meeting I. INNOVATIVE CITY AWARD To honnr citie,~ th.~t h,qve taken that extra slop to ~nswea' the host of challenges that citi~ face daily, the Association of Meu-opolit~. Municipalities ha~ initiated the 'Innovative Cit'), Award," which will be pre~ntcd for the first llltle during our Annual Meeting May 20, The award is to recognize and hnnor ~he city that ha.,~ undertaken an activity or program lhat, among olher things, slimul3tes crcalivity, demonstrates efficiency, promotes economic viability, develops an aw~ueness among residents and fosters a sense of community. Because this is the tint year and since time is short, thc Innovative City Award Committee dec ided presto one award in l.<X)2. However. awards will be made in different categories during subsequent years. Again, because this is thc fLrst year. the committee believed cities should be allowed to enter a.,~ many activities nad/or ~ojccL'~ as they wish. However. tach ent~ must be submitted under scour'ate cover Judging will Ix conduclcd by a five.member panel of elected 3~d aplx~inted city officials Entrants will be judged on 3 10-point scoria8 ,ystem (1 - low. 10- high) for several criteria. Each criterion will he ludgcd separatdy, so entrants will bc "competing" against a specific scale, not ag:ansi each o,h~r The activity or program with the highest cumulative totaJ will be thc winner. Criteria categories (each worth 10 points) Include: I. Moneta~ savings, either short,term or long-term. 2. Betler delivery of secvice(s), 3. Stimulation of economic viability. 4. Mom efficient usc of personnel and/or finances. 5. Plomolion o.r co!lalyo'r~tivc/co~perafive cfforls a.mong other units of govcmmen~ or 6. Creativily in problem-solving. '7. Enhance residenW parli¢lpaflon. 8. Fosters a sense of community. F..ach application must include: A. The siluation(s) that lend to the innovative technique. B How the innovation was developed and implemented. t83 unlvorsily avenue east. st. p,qul, minnesola 5,5101 (612) 227 4008 ? ('-, · ,j i,"l [ 0 · Cil,,I ~d' .JrJH 9/,3, L:,0 T~T_TTQ: -q~l '~T ! ..... ,; ,.z:~[ CF'.,.. ,~,07,- '~F _,~ ~. _. ~.'_. C Brief. detailed dcecrtl~ion of thc technlquc. (Supporting documentation may he include,d, but ~ould not be considered pan of the application.) · The activity/program mu~t be either already under way or completed. While the cummiile~ applauds creative thinking and ideas, the award is for a demonatrnble n~tivity. IEnu-ies must not exceed 10 pales, plus application cover, for a totaJ of i i pages. A total of six copie~ (one nrl~[nnl and five dupl|cate~) mu~t be rcccived by the AMM oflite by April 30, 1992. Thos~ received after that date will not b( considered, Please mail applications to: Nkole Dtbeve~ As~ocinlion of Metropolitan Municipnlllle~ 183 Unlvem|ty Ave, £. St, Paul, MN 55101 Applications may b(: faxed to Nicole at 221-0986. Inquiries may be made by calling Nicole al the AMM office, 227-4005. An apl~l;c~ti~n form and ~qmp}c questions follow. To bett~r assis! tn Ibc preparation of the application. we h,~ve included questions that should be answered in the application. Areas of considc~ion when applying fat the AMM "Innovative City Aw:u'd" 1. Describe the demographics of the community(les) being served. 2. Describe thc problem or sttualion that lead to the innovation. 2 Describe the innovative activity or program being provided. .1. !.i~t the pard,-ir.',.,~, if o~h,'r local unit~ of govemmem cr ether entilic~ arc ~nvulyed. 4. List con~ibulions fu~ each entity involved in the activity or prosr~'n. ~ De~nbe bm,. thi~ techmque produced a solutien Ih~ co~dd ,or h,~,~e beer) r'~ochcd ~y o~hcr wa),. 6. De~ribc thc advantages of the new service in terms of: a. enhance Ihe ability of the city (or cities) to improve the service delivery. b. elimination of duplicative ~rvice. c. co$1-benefit rado d. benefits to residents 5upplem¢~l~l mfo~'n~tien (budget infomqation o~ o[din=nce~, for (~x;)J'nple}. i'~ u,.¢lc,.,med, h,~! wiJ! riel be considered part of the application. associat!.on of metr. opo!i, tan mun c al tie. BULLETIN Ma~h 27,1992 To: Mayor~, Managers/Administrators FltOM: AM]vi staff Innovative City Award. Nominalions for AMM olTicem and Board Directors. Annua] Meeting I. I~NOVATi~£ CITY Aw,tieD To honnr cities that have taken that extra step to answ~ the host of challenges that cities face daily, thc Association of Metropolita.~ Municipalities has Initiated the "Innovative C~ty Award," which will be pre.qcntcd for the first time during our Annual Meeting May 20. The award is to recognize and hnnor the city that ha..~ under~a.ken .~q activity or progrsm Ihat, among od~er things, stimulates creativity, demonstrates efficiency, promotes economic viability, develops an awn~eness anaon8 residents and fosters a sense of community. Because this is the first year and since time is short, Ibc Innovative City Award Committee dec ided to prc~cm one award in 1,~:)2. Howcv~, awards will be made in different categories during subsequent years. Again. because this is thc first ),car, the committee believed cifie.~ should be allowed to enter as many activities and/or IXOjCCLq as they wish. However, each entry must be submitted under separate cover Judging will be conducted by a five-member panel of elected and aplxqnted city officials Entrants will be judged on a 10-poinl scoring ~ystem (1 - Iow. 10 - high) for several criteria. Each criterion will lac iudged separately, so entrants will tx: "competing" against a six'elf lc scale, not ag:Unst each o~hcr The activity or program with the highest cumulative total will be the winner. Criteria categories (each worth 10 points) Include: 1. Monetary savings, either short-term or long-term. 2. Belier delivery of secvice(s). 3. Stimulation of economic viability. 4. Mort efficient usc of personnel and/or finances. 5. }homotion of collaborative/cooperative efforts among other units of gm, eminent or 0~e private sect.,,r. 6. Creativity itt problem.solving. 7. Enhance residents' p~licipation. 8. Foslcrs a sense of community. Each nppllcallon must Include: A. The $iluation(s) thal lead to the innovative lechnique. B. How the innovation was developed and implemenled. ~83 univorsity avenue east. st. l)aul, minnesota 55101 (612) 227 4008 C Brief. ,let,61ed de.,.cfil~ion of thc technlqu¢. (Supporting dcx. umcnut~on may ~ inci~, but ~ould not ~ ~nside~ The 3cfi~ity~ro~ mu~ ~ eider al~ad~ under way or ~mple~. While ~c comminc~ ~pl~d~ c~afive ~l~tn8 a~ id~s. ~e aw~ is for a demons~ble ~tivi~y. En~es must not exc~d I0 ~ses, plus ~pli~tlon cove. f~ a ~ of ! I ~ges. A total of ~ix ~p[~ (one nr~al and five dupllcat~) m~t ~ r~celved by the AMM o~ce by April ~, 1992. Th~ f~eived a~er ~at date wlH not ~ centered, Please m~l applic~s to: Nicole De~v~ As~inli~ of Metro~li~n Munkipnlili~ 183 Unive~ity Ave. E. St, Paul. MN SSI01 Applications may ~ lnqu~ie~ tony ~ mdc by calfinS Nicole at t~ ~ orris. 227~8. An ~ppl~cat~ form and %~ple qu~sliOflS follow. To ~t~ assist m d~e prep~t~en ~f the applimion. ~e hnve includ~ questions lhat ~hould ~ ~swe~d in the application. ~eas of consideration when applyi,g for the A~ "Innova6ve City A~~ 1. De~ri~ the &mog~phics of the community(~) ~g ~eO. 2. De~fibc the problem or ~ltuation ~at l~d to the innovation. 2 De~ the innovative ~tivity or p~ ~ing provided. 3. ).i~t ~he pafli~ir~,~, if o~h-r l~al uni~ of govemmem er vther entitie~ ate invt~lve~. 4. List con~ibutions f~ each entity involv~ in the activi~ or progr~. 5 Demn~ ho~' 11~i5 t~hn~que p~uced ~ solution lbq, could not have b~n roached any od~er way. 6. De~d~ ~e ~v~mges of the new ~tce in te~s of: a. enh~ce the ability of ~e city (or cities) to improve the se~ice deliver. b. elimination of duplicative ~ice. c. cost-~fit d. ~nefiu to ~sidenu Supplemental tnfo~at~cn cons~emd p~ of ~e a~lication. City of Savage .__ .~ ~.~ ,.,c, 6000 McColl Drive · (County Road 16) Telephone (612) 890-1045 Savage, Minnesota 55378 FAX (612) 890-3815 DRAFT April 29, 1992 Innovative City Awards Committee Association of Metropolitan Municipalities 183 University Ave. East St. Paul, Minn. 55101 Dear Committee Members: The cities of Prior Lake and Savage are submitting the attached joint application for consideration in the AMM's "Innovative City Award" competition. This is for a Joint Powers Agreement which provides for the prosecution of misdemeanor and gross misdemeanor crimes for our two AMM-member cities, plus three other smaller Scott County cities. Since it began operation in November, 1991, we have seen greater efficiencies in prosecutions and cost savings as a result. Questions about this operation should be directed to Mark McNeill, this year's chairperson of the Scott Joint Prosecution Association. We thank the Committee for' their consideration of our application. We further comment the AMM for providing a competition such as this which provides for a local display of creativity in local government. Don Egan Mayor, City of Savage Lydia Andren Mayor, City of Prior Lake Mark McNeill Chairperson, Scott Joint Prosecution Association Administrator, City of Savage Dave Unmacht Manager City of Prior Lake ASSOCIATION OF METROPOLITAN MUNICIPALITIES "INNOVATIVE CITXAWARD" APPLICATION INTRODUCTION: The cities of Prior Lake and Savage are submitting a joint application to the Association of Metropolitan Municipalities' "Innovative City Award" Committee for consideration. Our proposal is for the cooperative effort of these two AMM member cities, plus three other Scott County communities, who have banded together to form the "Scott Joint Prosecu- tion Association" (SJPA). BACKGROUND: It was evident in the preparation by these cities of their 1990 and 1991 operating budgets that prosecution costs for misdemeanor and gross mis- demeanor violations were getting out of hand. At that time, each of the participant cities contracted separately with consulting attorney firms, who would perform municipal prosecutions at an average cost of between $60 and $100 per hour. Due to court calendar scheduling practices, it was common practice for an attorney representing a particular city to sit for the entire "calendar call" as that city's cases might be spread throughout the court docket for that day. The client city would then be billed for the time spent in court, and, in some instances travel time between the attorney's home office (in Bloomington or downtown Minneapolis) and the Scott County Courthouse in Shakopee. In addition to the costs of prosecutions, the fine revenues which were being received by the cities were not paying for the costs of prosecu- tion; in some cases, fines received were less than one-half of the attorney's fees. In most other metropolitan area jurisdictions, fine levies at minimum pay for the cost of prosecutions; some cities were actually receiving a 3 to 1 payback of fine revenues versus prosecution costs. In 1990, the cities of Savage and Prior Lake spoke about the potential efficiencies of combining prosecution services in an effort to meet the 1991 budget, as neither city was large enough to justify a staff attor- ney of their own. However, after Savage's consulting attorney made some concessions that resulted in some cost savings, the discussions were not followed up upon at that time. The following year, however, it became evident that something was going to need to be done. Seven Scott County cities sat down to explore the possibilities. An initial discovery found that the County Attorney's office was not geared up to provide the municipal prosecution services without substan- tially adding staff, which would not have resulted in any financial benefits to the participants. The County Attorney also wanted to retain all fine revenues that would be generated. This alternative was set aside early in the process. AMM "INNOVATIVE CITY AWARD" Paqe 2 Another plan explored having the City of Shakopee's city attorney coordinate all prosecution efforts, as Shakopee was the only city with an on-staff attorney. In exchange, the other cities would pay a pro- portionate share of the total additional costs of staffing and operation of the prosecution efforts; Shakopee would offer the attorney's services as an in-kind contribution. However, in the final analysis, it was felt that Shakopee was better to remain on its own. THE ASSOCIATION: Eventually, five cities expressed a desire to hire their own "staff" attorney to perform prosecutions. The cities were: * Prior Lake - estimated 1992 population ............. 12,000 Prior Lake is classified by the Metropolitan Council as a "free- standing growth center", but it has the identity and characteris- tics of a developing suburb. It is primarily residential, and saw an increase in population of 57.6% during the 1980s. This expan- sion placed it among the top ten cities in terms of proportionate population growth in Minnesota during that time. * Savage - estimated 1992 population ................. 11,700 Until 1980, the City was known primarily for its Minnesota River- based industrial developments. However, its available developable land caused an influx of new residents in the 1980s. Its increase in population of over 150% during the 1980s made this third-ring suburb proportionately the fastest growing city in Minnesota during that decade. * Belle Plaine - estimated 1992 population ............ '3,200 This city saw a steady increase in population during the 1980s, of approximately 14%. It is a stable city, with a primarily agricul- tural-oriented economy. * Elko - estimated 1992 popula'tion ........................ 260 Like its adjacent neighbor New Market, this southern Scott County community has seen a slight decrease in population over the past few years. It is best known for its seasonal auto-racing facility, which does generate some prosecution costs above those normally seen in a city of its size. * NewMarket - estimated 1992 population .................. 320 Similar to Elko, it is agriculturally based. Its population stayed even during the 1980s. While all five participant cities have different backgrounds and demo- graphic characteristics, they all have strong Twin Cities-area ties. AMM "INNOVATIVE CITY AWARD~ Paqe 3 FINANCIAL IMPACT: The costs of prosecution, and amount of fine revenues, cities for the most recent three years are as follows: for the five Prosecution Costs Ci~ 1989 1990 1991 Prior Lake $57,796 $61,720 $62,336 Savage 81,748 79,706 76,785 Belle Plaine 38,450 55,144 43,186 Elko 4,026 5,494 4,064 New Market 75 216 954 TOTALS: $182,095 $202,280 $187,325 Fine Revenues 1989 1990 1991 $48,378 $50,204 $37,585 45,095 54,685 33,829 11,748 13,923 15,607 1,530 1,087 2,033 167 115 172 $106,918 $120,014 $89,226 JOINT POWERS AGREEMENT: The five cities felt that having a single prosecutor hired jointly would be able to provide prosecution services for less cost, as well as pro- vide other mutual benefits. In July, 1991, a Joint Powers Agreement was signed by the five cities, for what was to become known as the Scott Joint Prosecution Association. A Board of Directors was formed, and was made up of elected and appointed officials, one from each city. However, in the interests of proportional representation, Elko and New Market share one vote in Board decisions. The current Board of Directors consists of two Mayors, two City Administrators, and a Police Chief. OPERATIONS: The first items of business of the newly formed Board were to establish a budget, and to hire an attorney and support staff. After an extensive search, an experienced prosecutor who had been serving as the city attorney for a northern Minnesota city was appointed. Two part-time clerical positions, including one paralegal, and one legal secretary, whose combined hours equaled one full-time equivalent, were hired as support staff. Offices were rented in a portion of what will become the Shakopee City Hall, which is strategically located about a block from the Scott County Courthouse. Since starting full-time November 1st, each of the cities have turned their prosecution caseloads over to the SJPA. In addition, as of January 1st, the Scott County Attorney's Office stopped doing the gross misdemeanor (primarily DWI) prosecutions for all of the cities (with the exception of Savage, which had previously been prosecuting their ow-~ ) o AMM "INNOVATIVE CITY AWARD" Page 4 It became apparent shortly into the process that one full-time individ- ual would be unable to handle all of the cases of the five cities· Backup arrangements were made with a local firm to provide coverage as needed; a half-time attorney position has been advertised and is  xpected to be filled in June. In addition, the SJPA and the City o~/ hakopee have an arrangement in which one will cover for the other emergency, or when a conflict of interest might ~._ _.._/~,~ ases of AMM CRITERIA: In response to the questions regarding the "Innovative City Award", we offer the following: Monetary savings, either short-term or long-term: The program was partially implemented in late 1991, which reflects some savings for the cities of Belle Plaine and Savage (Prior Lake did not turn over its prosecution until January let, 1992). Using 1990 as the peak year, over $202,000 was spent in prosecution costs - this does not include extra costs which would otherwise be realized in 1992 from the need for all cities to perform gross misdemeanor prosecutions, which had previously been done by Scott County. The budget for 1992 for the SJPA is approximately $122,000, or a savings of about 40% of what was previously being spent by the five cities. The contributions toward the Scott Joint Prosecution Association are billed quarterly, and are based upon the proportionate number of cases that each city has filed on its behalf during the preceding quarter. During the first quarter of 1992, Prior Lake had 52.1% of cases, followed by Savage with 30.8%, Belle Plaine with 14.4%, and New Market and Elko with 2.1% and 0.7% respectively. Long-term, as the costs of prosecutions would increase due to the growth of the two larger cities, we expect the savings to increase proportionately. Better delivery of services: By having one prosecution office represent five Scott County cities, the judges, court personnel, and defense attorneys know that they have consistency in the prosecution efforts across these jurisdictional boundaries. The participants have also seen a higher level of expertise. Previously, when the cities were contracting with private legal firms, they often were assigned relatively new attorneys inexperienced with prosecution, who learned the trade at the expense of the cities. There is now a full-time experienced attorney who is not intimidated by the system or defense attorneys, and who is able to negotiate outcomes favorable to the client cities and their residents. Over time, it is our hope that this arrangement will assist in the imposition of sentences, including fines, that cover the costs of prosecution, as well as having a deterring effect on would-be offenders. AMM "INNOVATIVE CITY AWARD" Page 5, Stimulation of economic viability: The focus of this project was not directly related to stimulating the economy. However, from a Jobs perspective, four individuals will be employed in 2.5 full- time equivalent positions which will keep locally-generated taxpayers' dollars in Scott County, rather than paying large "downtown" law firms. In addition, after examining several options, the SJPA felt that it was preferable to rent office space from the City of Shakopee, which assists them in their revenue- producing efforts. More efficient use of personnel and/or finances: As described previously, having one individual answer the calendar call for five cities is more efficient than having three or more private-sector attorneys all bill their client cities for time spent waiting in court. While it is still too early to predict long-term results, as alluded to previously, one intent of this system is to generate increased fine revenues, which will offset property taxes. One other intangible benefit which has already been documented is an increased level of morale in the five cities' police depart- ments. When the officers know that a violation that they have written is being fairly adjudicated, and that they have confidence and trust in the prosecuting attorney to do the best job possible, there is increased enthusiasm and a desire to do better work. Promotion of collaborative/cooperative efforts among other units of government over the private sector. One major strength demonstrated by the SJPA has been the ability to cross jurisdictional lines of five diverse cities - from two very small farm communities, to emerging suburbs. However, all cities had the same goal - a desire to save the expenditure of tax dollars, and to provide a higher level of service. The SJPA has also improved relationship with the Scott County Clerk of Courts office for better cooperation and assistance in scheduling cases. Finally, the SJPA has received the support of the local chapter of MADD, and has met with local legislators to work towards improved sentencing guidelines. The SJPA has provided a method of backup for the City of Shakopee, so that they need not hire a private-sector attorney in the case of a conflict of interest; the SJPA has also worked well with a private-sector firm for its backup as needed (at a cost per hour that is significantly less than what the market rate would bear). 6. Creativity in problem solving: To our knowledge, there is no other formal arrangement like this between cities in Minnesota. The fact that the cities were able to work together in this non-traditional area of cooperation showed what we believe is creativity in problem solving. "INNOVATIVE CITY AWARD" Page 6 Enhanced residents' participation: Obviously, the biggest sense of satisfaction for local residents will be in a reduced property tax statement due to the implementation of the Scott Joint Prosecu- tion Association. In addition, for those victims, advocates, and defense attorneys, who have need to speak with the municipal prosecutor, they will find a local office, with a local phone number which leads to enhanced accessibility and availability. Se Fosters a sense of community: The name "Scott Joint Prosecution Association" was chosen from several possibilities. While there was a desire not to be confused with the Scott County Attorney's office, the fact that five of the eight incorporated Scott County cities have cemented a relationship is, in our view, significant. Of the other three cities, a "wait and see" attitude has been adopted. It is our desire to incorporate those cities into the SJPA when they are ready, so that an even stronger unified approach to prosecution of crime might be realized. SUMMARY: Since beginning operation on November 1st, 1991, the Scott Joint Prose- cution Association has successfully dealt with several institutions and individuals who were skeptical that a group of cities could jointly hire and administer a single office for prosecution, knowing that each of those cities have had in the past varying philosophies on prosecution. However, by working together, representatives of each of those cities have been able to agree to provide the staff prosecutor with a single set of goals and criteria regarding prosecution - that cooperation has removed the politics so often seen in prosecution in smalle~ communi- ties. The SJPA has, during its initial six months, shown itself to provide professional, fair, and consistent prosecution for its five member participants. Its efforts will result in cost savings, higher morale for local police departments, and, over time, increased fine revenues. Mark McNeill Chairperson, SJPA City Administrator, Savage David Unmacht City Manager, Prior Lake Date Exhibit Joint Powers Agreement for Prosecution Services THIS AGREF~IENT, entered into this 8th day of July , 1991, by and between the CITIES of PRIOR LAKE, BET.?.~. PLAINE, SAVAGE, ELKO, and NEW MARKET, Minnesota, all of which are Minnesota municipal corporations organized and operating under state law, hereinafter collectively referred to as "the CITIES" . RECITALS 1. Each of the CITIES individually has the power and responsibility to prosecute criminal matters within its respective jurisdiction. 2. Each of the CITIES has previously contracted with private law fib--ms for prosecution services but believes that such services can be obtained more conveniently and more economically on a joint basis by means of this Agreement. 3. The CITIES desire to enter into this Agreement for the purpose of providing for the joint exercise of their prosecutorial powers according to the authority and procedures set foz-ch in ¥_Lnnesota Statues Section 471.59, the Joint Exercise of Powers Act. NOW, THEREFORE, in consideration of the mutual promises and covenants ' .oontained herein, the par~ies agree as follows: 1. Joint Powers Board. A Joint Powers Municipal Prosecution Board ("the BOARD") is hereby created. The BOARD may exercise its powers in order to accomplish the purposes of this Agreement consistent with M~nneso=a Statut~ Section 471.59 and other applicable laws. Each of the CITIES of Prior Lake, Belle Plaine, and Savage, shall appoint one (1) individual to serve on a Joint Powers Board, hereinafter referred to as "the BOARD" The CITIES of Elko and New Market may each appoint one (1) representative to se_~-~e on the BOARD, with each of the repre- sentatives of those cities having one-half (1/2) vote. Each member shall sea-ye until replaced by the member's respective City. The number of repre- sentatives totaling at least two and one-half (2-1/2) vo~es shall constitute a quorum for the puz-poses of conducting BOARD business. The BOARD shall be the employer of the employees providing prosecution and support services under this Agreement and shall have the authority to hire, fire, discipline and adopt personnel ~ales for employees of the BOARD. Under no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. The BOARD shall meet at least quar~er!y to review the .~ualit¥ of the prosecution services. The BOARD shall make recommendations to the CITIES regarding improvemen= of prosecuuion, s~ricter or less-strict plea bargains, ob performance of the affected employees, and other mat~ers related to this '-'Agreement. Each of the CITIES also may adoou its own prosecution policies which shall be followed by the prosecutor when handling cases from that City. Joint Powers Agreement for Prosecution Services 2. Board Staff and ~nistration. The BOARD shall advertise for. and hare one or more prosecutors and secretaries or legal assistants who shall 'be employees of the BOARD. The number of staff hired and whether they are par~ br full-time shall depend on the case load to be handled. The City of Savaq~ shall be the administrative and fiscal agent for the BOARD and shall provide office space, supplies, pastroli, and benefits for BOARD staff. All hiring, firing, and other personnel decisions relating to BOARD staff shall be made by the BOARD. The CITIES shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutorial services under this Agreement. All BOARD staff shall be qualified and licensed to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. 3. BudqDt. By August 1st in each year, the BOARD shall prepare a proposed budget for prosecution services, which shall be forwarded to the City Aam~nistrator or City Manager of each of the Cities for review. Any City objecting to the proposed budget shall so notify the BOARD. In the event the objection is not resolved, such City shall have the right to resinate this Agreement upon one hundred Twenty (120) days' prior written notice, if such notice is given on or before September 1st. 4. Cost Sharing. Each month the BOARD shall submit a bill to each of the CITIES detailing the amount due for that City's proportionate share of prosecutorial ser¥ices. Within thirty (30) days, each City shall pay to the ~OARD the billed ~mount. This a~oun= shall be equal to "r", as expressed in the formula r = x (y / z), where: one-t-~elfth of the total current annual (or annualized, if this contract s~ar~s at a tLme other =hah the beginning of the fiscal year) prosecution budget. y = the number of calendar calls set for that particular City for the previous month. z = the total n~mber of calendar calls set for all the Cities the previous month. The CITIES shall assist and coooerat~ with one another in keeping prosecution cos=s down by covering for each other when prosecution personnel are on vacation, ill, or othe=~ise unavailable for court, or where representation would result in a conf!icn of interest. 5. Costs L~m~ted. The BOA2{D shall keep track of the calendar calls billable under this Agreement at all tLmes. The BOARD shall notify the CITIES if the BOARD anticipates that the costs may exceed one hundred ten (110%) percent of the estimated budget total set forth in the budget at%ached hereto as Exhibit A. In the event actual expenditures or costs do exceed one hundred ten (110%) percen~ of the budget, the BOARD shall bill he CITIES proportionately, by averaging their percentage established as (y / z) in paragraph 4 above for the previous six (~) mon=hs, for cost over~ans. Any )udgeE underruns shall be refunded back to the CITIES proportionaue!y. Any City unsatisfied with any overmans may elect to terminate this Agreement upon ninety (90) days prior written no=ice as provided below. Joint Powers Agreement for Prosecution Services 6. Civil Matters. A City may request BOARD legal staff to handle ~ivil legal matters, such as zoning enforcement, personnel issues, liquor .icensing questions, ordinance preparation, contract review, etc. Such r~quests shall be handled on a time-available basis only, and shall be billed back to the requesting City at actual cost on an hourly basis. Billings from civil matters shall be used to offset the total prosecution budget. 7. Exchange of Data. All info=marion, data, and reports as are existing, available and necessary for carrying out prosecution services under this Agreement, including police reports and arrest records, shall be furnished to BOARD staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. 8. Confidentiality. Any reports, data, or sLmi!ar information given to, prepared or assembled by the BOARD or BOARD staff under this Agreement, which the BOARD or any of the CITIES requests to be kept confidential, shall not be made available to any individual or organization by the BOARD, BOARD staff, or any of the CITIES without prior ,~ritten approval of the concerned par~y, consistent with the Minnesota Government Data Practices Act or other applicable statutes. This paragraph shall not apply to documents which are required to be public under the Government Data Practices Act or other applicable law. 9. Duration and Renewal. This Agreement runs from the date set fo~h above to Dec~ber 31, 1991. This Agreement shall be automatically renewed thereafter and shall be valid for the nex~ calendar year, unless terminated as set forth below. 10. Termination as to One PauLy. This Agreement may be terminated by any City at the end of any calendar year uoon six (6) months prior written notice, or at any time with the express approval of all o~her par~ies hereto. This Agreement may be terminated by any City upon one hundred twenty (120) days prior written notice given on or before October 1st for objection to the proposed budge~, or-at any time upon one hundred twenty (120) days prior written notice for cost over_~uns, as set forth above. Prior to termination by any City, the proposed reasons for termination shall be presented to the BOARD. The BOARD shall discuss these reasons and dete_~mine whether specific action should be requested to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. 11. Te.~m~nation as to All Pa~-~ies. in the event this Agreement is terminated in its entirety, all records pertaining solely to a par%icular City shall be returned to that City. All other records shall remain with the City of Savage as custodian of such records. The records may be retained, stored, or disposed of according to state law and the City of Savage's records retention policies. Any City may copy any public records a= its own expense. A_Ii fixed assets shall be returned to the City which purchased th~m. Any remaining monies and expenses, including such employee expenses as unemployment compensation and payment for accumulatad vacation, shall be shared by the CITIES in proportion to their contributions. Each City's contribution percentage shall be calculated by averaging its percentage stablished as (y / z) in paragraph 4 above for the previous six (6) months. Joint Powers Agreement for Prosecution Services 12. Indemnification. Each City shall indemnify and defend the BOARD .%nd each of the other CITIES which is a par~y to this Agreement against, and .[old each other harmless from, any and all claims, causes of action, administ~ati%e orders, costs, expenses, and liabilities of every kind and nature arising out of the BOARD'S hiring, training, supervision, and personnel actions under this Agreement, including attorneys fees and costs incurred by the BOARD or the CITIES in defending claims to establish or enforce such liabilities. Each of the CITIES shall indemnify and defend each other City and the BOARD against, and hold each other City and the BOARD harmless from, any expenses and liabilities of every kind and nature a~ising out of the indemnifying City's prosecution prior to this Agreement, its actions in entering into this Agreement, including attorneys fees and costs incurred by any of the CITIES or the BOARD in defending claims to establish or enforce such liabilities. 13. Liability. The BOARD shall purchase liability insurance from budgeted funds for each attorney hired under this Agreement. This insurance shall cover professional liability, personal injur~ liability, and disciplina~ proceedings costs. The BOARD may also, a= its discretion, purchase general liability and directors' and officers' (errors and on~issions) insurance. 14. Amendment. by all par~ies. This Agreement may be amended only in writing signed 15. Notices. All notices required or perm%tied in this Agreement and _equired to be in w-ritinq may be given by first class mail addressed to any of the CITIES at their respective City Hall. 16. Certification. Each of the CITIES certifies, by signing below, that this Agreement has been approved by =hat City's governing body. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day and year first above written. Its City Administrator ASSESSMENT NOTICE NOTICE IS I-IEREBY GIVEN, That th~ Board of Review of the City of Prior meet at the of~ce of the Cieflt in said Prior lake City Hall at 8:00 o'clock p.m., on Monday, the 4~h d.ay o.f May, 19~r2 fi~r the purpose of tev~ewm~ and ~ the assessment of ~d Prior Lak~ Ci~ for the year 1992. AIl persons said assessment, or who w~h Io corn- plain ~ t~ property of mother' - se~ed mo Iow, ar~ hereby nmified ~o ais~ar at mid mee~ng, andshow cause of having su~ assessment corinth. No compiler that another person is assessed mo Iow will be -_~ed ulmn unlil the pemm so ~m~ml, or his :~en.t, shall have been notif~d of such complaint. Given under my hand this 24th day David J. Unmacht Cle~k of the City of Prior 12ke (l~lished in the l~ior lake American Mondays, AI~. 20, 27,1992; No. 1~04)