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HomeMy WebLinkAboutMay 18, 1992CALL TO ORDER, 1o 2. 3. e Se 8:00 p.m. 6. ® 8:30 p.m. 8. e REGULAR COUNCIL~ETING AGENDA Monday, May 18, 1992 7:30 p.'m. Pledge of Allegiance Minutes of the Previous Meeting Consent Agenda: a) b) c) d) e) f) g) Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Report Consider Approval of Fire and Rescue Repc Consider Approval of 1991 Financial Repo] Consider Approval of Cigarette Licens, Gateway Wine and Spirits Consider Approval of Treasurer's Report Presentation by Executive Director Beyerly ! on the Minnesota Valley Transit Authority (M%~. Consider Action to Conduct a City Space Faci] Study A. Consider Request by Police Departm~ Conduct Public Hearing on the Formatiol Development District #2 - Consider Resolution Consider Resolution 92-12 Approving Plans Specifications and Ordering Advertisement For For Project 92-11 of Ca] Consider Preliminary Plat Approval Hills Second Consideration of Variance Appeal CoCo, Inc. 10. Other Business for a) b) c) LMC Annual Conference June 9 - 12 Staff Update on MnDOT Meeting on Highway with the I .%- .%- CALL TO ORDER 1. 2. 3. REGULAR COUNCIL MEETING AGENDA REPORT Monday, May 18, 1992 7:30 p.m. Pledge of Allegiance Minutes of the Previous Meeting - see attached Consent Agenda: a) Consider Approval of Invoices To Be Paid - see attached. b) Consider Approval of Animal Warden Report see attached. c) Consider Approval of Building Report - see attached. d) Consider Approval of Fire and Rescue Report see attached. e) Consider Approval of 1991 Financial Report. Attached for your review is the 1991 Financial Report as prepared by the George M. Hansen Company. A summary of the City's financial condition and fund highlights are presented under the beginning section entitled "Comments" on pages I-V. As noted within the General Fund, revenues exceeded expenditures by $19,738.00 in 1991 thereby increasing the City's fund balance to $1,516,096.00. Again, as in the past year, a portion of the General Fund balance has been designated as working capital. The amount reserved for such purpose is $1,000,000. This is necessary to provide a cash flow during the first half of the year before the City receives its tax settlements and state aids. The remaining balance accounts for the unreserved portion of $516,096.00 which represents approximately 14.5% of the current operating budget. While the entire amount can be used as working capital, this designation provides us with appropriate flexibility of our reserve. 4629 Dakota St. S.E,, Prior Lake, Minneso:a 55372 / PH. (612) 447-4230 / Fax (612) 447-4245 ,,~'; EQUAL OPPORTUNITY ?qPLOYER Also noted within the financial report is a legal compliance audit which was performed to ensure compliance with Minnesota Statutes in the areas of: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness and claims and disbursements. Please feel free to contact Finance Director, Ralph Teschner, prior to the meeting regarding content interpretation. Staff would recommend approval of the financial report for the fiscal year ended December 31, 1991 as submitted. A City Financial Reporting Form which is basically a condensed excerpt of the official document is to be submitted to the Office of the State Auditor by May 31, 1991. A motion to approve as part of the Consent Agenda is in order. f) Consider Approval of Cigarette License For Gateway Wine and Spirits - see attached staff report. g) Consider Approval of Treasurer's Report - see attached staff report. Presentation by Executive Director Beverly Miller on the Minnesota Valley Transit Authority (MVTA). Recently the Transit Board conducted a goal setting session to discuss the future direction of the MVTA. Beverley will be presenting the goals, along with a summary of specific program proposals for the summer. The Council is encouraged to prepare questions regarding the local transit options for discussion with Beverley. Consider Action to Conduct a City Space Facilities Study. The City Council adopted the 1992-1996 Capital Improvement Program in September, 1991. Incorporated into the Capital Improvement Program and identified as CIP-5 was a Facilities Space Needs Analysis. Enclosed is a copy of that worksheet. With the request by the Police Department, see agenda item 5 A staff report, it is appropriate to begin the city's long term space facility study. City Manager David Unmacht has talked with each Councilmember on the proposed study and the activities incorporated into the proposal. City Manager Unmacht will report on the consensus of the City Council and discuss the process at the meeting. ae Consider Request by Police Department see attached staff report. 8:00 p.m. 6. 8:30 p.m. 8. 10. Conduct Public Hearing on the Formation of Development District #2 - see attached staff report. Consider Resolution 92-12 Approving Plans and Specifications and Ordering Advertisement For Bids For Project 92-11 - see attached staff report. Consider Preliminary Plat Approval of Carriage Hills - see attached staff report. Second Consideration of Variance Appeal CoCo, Inc. - see attached staff report. for Crown Other Business a) b) LMC Annual Conference June 9 - 12. The League of Minnesota Cities Annual Conference will be held this year in Bloomington from Tuesday, June 9 thru Friday, June 12. Members interested in attending should contact Dee Birch for registration information. Staff Update on MnDOT Meeting on Highway 13. Larry Anderson and Kay Schmudlach met with Terry Humbert of the Minnesota Department of Transportation on Monday, May 4 to discuss the reconstruction plans for Highway 13. Council may recall in 1988, Commissioner of Transportation Len Levine announced that Prior Lake would be receiving 6 million dollars in Highway Safety Funds to improve Highway 13. Since 1988 staff has monitored the progress of the improvement project. In 1991, Bill Crawford was in attendance at a hearing regarding the Metropolitan Council's concern over the new County Road 18 access. Mr. Crawford referred to a delay in the Highway 13 project improvements at that meeting. At the most recent meeting on May 4, we were told that the improvements have again been delayed for another year, leaving us with a 1996 construction season time frame. Staff wants to keep the Council abreast of these delays, seek Council input and assure the Council that staff is working with MNDOT officials to avoid any further delay. Ce *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. MINUTES OF THE CITY COUNCIL May 4, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, May 4, 1992 at 7:30 p.m. in the city Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, City Planner Graser, Associate Planner Lucast, City Attorney Kessel and ~ecording Secretary Birch. Parks Director Mangan arrived later in the evening. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the April 20, 1992 by Council. Council meeting were reviewed MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE MINUTES AS SUBMITTED. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was approval of the Consent Agenda as follows: 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 MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (d). Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Public Hearing to Consider Preliminary and Final Plat of Gensmer Second Addition. Mayor Andren called the public hearing to order at 7:40 p.m. and read the public notice as it appeared in the Prior Lake American on April 20 and 27, 1992. Associate Planner Lucast presented an overhead of the subject site and briefly described the topography and other characteristics relating to the plat. 4629 Dakota S'~. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 A.N EQUAL OPPORTUNITY F_',.IPLOYER Minutes of t~e Prior Lake City Council May 4, 1992 Lucast stated that Scott County Registrar of Titles, Paul Wermerskirchen, has suggested changing the name of the plat to Bluff Heights 3rd Addition for ease of future title searches. Mayor Andren opened the meeting for comments from the audience. No one in the audience was present to speak on this application. A short discussion occurred and Council concurred with the name change of the plat. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE THE PRELIMINARY PLAT OF BLUFF HEIGHTS THIRD ADDITION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION HADE BY WHITE, SECONDED BY KEDROWSKI, FINAL PLAT OF BLUFF HEIGHTS THIRD ADDITION. TO APPROVE THE Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING. Upon a Yore taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Public Hearing to Consider Preliminar~ and Final Plat for Jefferson's First Addition. Mayor Andren called the public hearing to order at 7:45 p.m. and read the public notice as it appeared in the Prior Lake American on April 20 and 27, 1992. Ron Swanson, Surveyor for Valley Surveying Company, addressed the Council on behalf of the applicant, Barlan Anderson. Mr. Swanson briefly discussed details of the plat. Mayor Andren opened the meeting for comments fros the audience. No one was present in the audience to speak on this application. MOTION MADE BY SCOTT, SECONDED BY WHITE, TO APPROVE PRELIMINARY PLAT FOR JEFFERSON'S FIRST ADDITION. THE Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION ~ADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE FINAL PLAT FOR JEFFERSON'S FIRST ADDITION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY SCOTT, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Minutes of the Prior Lake City Cou~C£l ~a¥ 4, 1992 ~s next order of business was: Consider Proposal of Little SiX, Inc. ~o Rename Colun~ia Avenue to Mystic Lake Drive. Hickolae Kootslkas, Marketing and Sales Manager of Little Six Bingo, Inc, addressed the Council with reqard to their request to change the name of Columbia Avenue to MF~tie ~.~ke Drive ~rom CR 42 to CR 82. Paul Taylor, 14385 Columbia Avenue, expressed his concerns to Council. Mayor Andren asked if anyon? else in the audience had comments, there were none. Council discussed details of the request and noted that Little Six, Inc. will be responsible for the costs to reimburse each property owner on Columbia Avenue ($50.00), and assume the cost for the approximately 10 street signs, in addition to two signs located on the signal light standards at the intersection of County Roads 42 and 83. A short discussion occurred. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE NAME CHANGE FROM COLUMBIA AVENUE TO MYSTIC LAKE DRIVE CONTINGENT UPON LITTLE SIX, INC REIMBURSING THE CITY FOR ALL COSTS ASSOCIATED WITH THE PURCHASE OF NEW SIGNS AND COSTS ASSOCIATED WITH ADDRESS CHANGES OF AFFECTED PROPERTY OWNERS. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott A short recess was called. The meeting reconvened at 8:15 p.m. The next order of business was: Conduct Equalization Hearing: Board of Review. Mayor Andren called the equalization hearing to order at 8:15 p.m., read the public notice as it appeared in the Prior Lake American on April 20 and 27, 1992, and welcomed the audience to the hearing. City Manager Unmacht introduced Leroy Arnoldi, Scott County Deputy Assessor. Mr. Arnoldi explained in detail the process used by the County when assessing property and discussed the tax capacity rate and requirements by the State. The following residents commented on their valuation: John Sweeney 16109 Northwood Road Kevin Bergstrom 16030 Eagle Creek Avenue Layton Kinney 14458 Shady Beach Trail NE Gene Wenner 3214 Butternut Circle Ernie Larson 6096 150th Street SE Ronald Ellingson 14316 Watersedge Trail NE George French 6082 150th Street Cathy Kinney for Eugene Carpenter 15005 Manitou Road Aline Chial 16061 Northwood Road Tom Mee 14957 Manitou Road Charles Pavlish 4262 140th Street Stanley Hannes 15464 Red Oak Road Evan Shadduck 4841 Beach Trail NE 3 Minutes of the Prior Lake City Council May 4, 1992 Rt. Arnoldi stated that the City Council is the first step in the valuation appeal process and he would meet personally with anyone who wished to discuss their property valuation. Council concurred that Mr. Arnoldi would prepare his recommendation for all appeals and submit them to the Council within twenty days, and the Council will conduct a special meeting to consider Arnoldi's recommendation on Tuesday, May 26 at 7:30 p.m. in the Council Chambers of Prior Lake City Hall. The Council will accept, reject or accept in part, each recommendation. All persons who attended the public hearing will be ngtified of the meeting by mail as well as a notice being placed In the Prior Lake American A short recess was called. The meeting was reconvened at 10:05 p.m. The next order of business was: Public Hearing To Consider Preliminary Plat of Red Oaks Second Addition. Mayor Andren called the public hearing to order at 10:06 p.m. and read the public hearing notice as it appeared in the Prior Lake American on April 20 and 27, 1992. City Manager Unmacht introduced Bryce Huemoeller, legal representative for the applicant, Mike Benedict. Mr. Huemoeller presented details of the proposal and handed out a copy of a letter to the Council responding to the Planning Report regarding the preliminary plat of Red Oaks Second Addition. Ron Swanson, Valley Surveying Company, discussed the proposed roadway and other aspects of the property. Dan Reiland, builder and developer, expressed support regarding the project. City Planner Graser discussed details of the five variances and reviewed the planning report. Pat Lynch of the DNR expressed concern over the proposed density and possible damage to shoreland areas. Mayor Andren submitted into the record a petition to deny application received from the neighboring property owners. Jim Pint, 15427 Steffan Circle, requested access be granted to his lot if the access is granted for the proposed subdivision. Tom Watkins, a former Councilmember, discussed the history of Red Oaks, "land locked" lots and the vacation of Breezy Point Road at the request of Mr. Benedict. The applicant addressed the Council with regard to his intent when he requested the City to vacate the roadway. Extensive discussion occurred regarding deferred assessments, vacation of the roadway, private road requirements, density, the proposed plat, the variances required and whether or not the pond is part of the lake itself. MOTION MADE BY WHITE, SECONDED BY , TO TABLE THE REQUEST TO ALLOW THE APPLICANT AND THE NEIGHBORS TO MEET TO DISCUSS THE PLAT AND ATTEMPT TO REACH AN AGREEMENT. The motion died for lack of a second. Discussion occurred. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO TABLE UNTIL JUNE 15, AT 7:35 P.M. TO ENABLE THE APPLICANT TO HOLD A NEIGHBORHOOD MEETING AND FOR STAFF AND CONSULTING ENGINEER TO EVALUATE THE FEASIBILITY OF THE ROADWAY TO THE PROPERTY. 4 Minutes of the Prior Lake City Council May 4, 1992 Upon a vote taken, ayes by Fitzgerald, and White, nays by Andren, Kedrowski and Scott. The motion failed. MOTION ~ADE BY KEDROWSKI, SECONDED BY SCOTT, TO DENY THE PRELIMINARY PLAT APPLICATION FOR RED OAKS SECOND ADDITION. Upon a vote taken, ayes by Andren, Kedrowski and Scott, nays by Fitzgerald and White. The motion carried. No action on the Final Plat is required. A short recess was called. The ~eeting reconvened at 11:35 p.m. The next order of business was: Second Consideration of Eurasian Milfoil Ordinance 92-01. City Manager Unmacht recognized those persons who had worked on the ordinance: Jerry Meysembourg, Tom Watkins and Peter Patchin. The riparian poli~y notice was discussed briefly. Mayor Andren asked if anyone in the audience wanted to comment on the policy and ordinance. There were no comments from the audience. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, EURASIAN MILFOIL ORDINANCE 92-01. TO APPROVE Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott City Manager Unmacht commented that a Search Coordinator had been hired and all participants in the milfoil activities will begin their work soon. Mr. Unmacht also noted that a local access cable television program will be aired on the eurasian milfoil management and control activity. Council thanked the Lake Advisory Committee and others who had worked on creating the ordinance. The next order of business was: Consider Restrictive Covenant Agreement with Dave and Dorothy Watzl. Parks Director, Bill Mangan, presented details of the Agreement. Discussion occurred on whether the Agreement specified handicapped and pedestrian acoess. Council concurred that this provision should be added to the Agreement. Further discussion occurred on whether or not a warranty deed existed which identifies the access restrictions, lake access by deeded property owners, and the intent of past Council when they acquired the property. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO TABLE UNTIL TIME CERTAIN TO ADDRESS THE FOLLOWING ISSUES: ATTORNEY TO RESEARCH ISSUES AS DISCUSSED. CHANGE AGREEMENT TO SPELL OUT HANDICAPPED AND PEDESTRIANS ACCESS. 3. RESEARCH DEEDED ACCESS AND SPECIFIC LOT OWNERS ELIGIBLE FOR THIS ACCESS. Upon a wore taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. Hinutes of the Prior Lake City Council May 4, 1992 Topics discussed under Other Business: Due to the lateness of the evening, topics under Other Business were not discussed in detail. Short comments occurred on the following: Establish Public Hearing for On Sale Intoxicating License Fees - established as identified in the staff report for Monday, June 1, 1992 at 8:00 p.m. Liquor agenda Legislative Wrap Up Session - City Manager ~nmach~ stated that the meeting will be on May 13 in Minnetonka ana anyone wishing to attend should confirm with Dee Birch. Presentation of Donor Catalog of Ideas - Councilmember Kedrowski noted that action on this item will be in June and requested that all comments and ideas be submitted as soon as possible. Staff will mail the document to the Council. Councilmember Kedrowski announced that the cost for printing the Donor Catalogs would be from $1000 to $2000. Update on Crown CoCo Variance Appeal. City Manager Unmacht stated that a revised application showing the canopy has not been received from Crown CoCo. Council concurred that the variance appeal should be on the May 18, 1992 agenda. Councilmember White stated that he would be withdrawing from discussion on the Crown CoCo issue due to personal conflict of interest. City Manager Unmacht stated that the AMM annual meeting is Wednesday, May 20. Councilmember White announced that he has been nominated for a second term on the AMM Board and that he has been appointed to the Minnesota Valley Clean Water Commission . City Manager Unmacht stated that the appraisal had been finished on the Business/Office Park and negotiations will begin on the land acquisition. -- A short discussion occurred on using a Board of Review consisting of one or two Councilmembers as liaison plus experienced real estate persons who can make judgments on valuation of property instead of asking the Council to make these .decisions. City Manager Unmacht suggested it as something the Council might want to consider doing next year. -- Mayor Andren shared a parliamentary procedure point with regard to tabling. Tabling is not debatable, however, postponing until date certain is debatable. -- Mayor Andren read a copy of a petition she had received in the mail with regard to the proposed Carriage Hill development. -- Councilmember Fitzgerald discussed the abbreviated subdivision process where a variance is required. Fitzgerald suggested that in these cases the applicant should appear before the Planning Commission first. Staff was directed to research this request. Minutes of the Prior Lake City Council May 4, 1992 The next Council meeting will be Monday, May 18, p.m. 1992 at 7: 30 There being no further business the ~meeting adjourned 1:00 a.m. by general consent of t~e Cou~'~il. D~'vid J. UnmacMt Cit¥ Manager Recording Secretary at 7 THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. MAY 19, 1992 MISC. DEPTS. Blue Cross Blue Shield Delta Dental Guarantee Mutual Life R-Own Office Supply Cooper & Associates Car-Quest Auto Parts Carlson Hardware Snyder Drug Radermachers Super Valu C.H. Carpenter Lumber Co. NAPA Auto Parts Coast to Coast Scott Rice Telephone Co. Muelken Oil Co. MN Valley Electric Co-op. Minnegasco Shakopee Public Utilities Insurance Insurance Insurance Office Supplies Office Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Telephone Service Fuel Supplies Utilities Utilities Utilities GENERAL GOVERNMENT Prior Lake American League of MN Cities Prior Prints Business Records Corp. Peter Patchin & Assoc. Teri-Jo's Floral David Unmacht Laurie Davis Lommen, Nelson Bernick & Lifson Curt Moen Prior Prints R-Own Office Supply American Planning Assn. Berkeley Inc. Command Computer Modern Computer Postage by Phone Graybar Electric co. American Linen Supply R & R Carpet Service Publishing Conference Fees Conference Expenses Wavelength Publication Printed Supplies Professional Services Supplies Conference Expenses Mileage Attorney Fees Attorney Fees Variance Fee Refund Printed Supplies Misc. Supplies Annual Dues Supplies Software Update Hardware Maintenance Postage Bldg. Maint. Supplies Building Maintenance Building Maintenance CONTINGENCY Richard Hage Address Change Expense 8,484.64 1,204.00 456.90 237.93 147.50 262.79 187.93 112.70 42.90 470.08 244.19 196.20 1,505.91 12,356.65 1,932.01 350.12 78.00 564.14 615.00 75.00 930.00 11.33 800.00 42.99 229.77 34.65 2,524.00 2,842.75 75.00 100.74 67.26 130.00 23.00 990.00 153.50 3,600.00 188.00 75.56 79.00 50.00 PUBLIC SAFETY Wally's World of Printing R-Own Office Supply Noll's Hallmark Shop Scott Co. Human Services CSC Credit Services Lee Rabenort Rigs & Squads Scott Co. Sheriff Reynolds Welding Amoco Oil Co. FIRE & SAFETY Scott Co. Sheriff Assn. of American Railroads Queen of Peace Hospital Communication Auditors ANIMAL CONTROL Robert McAllister PUBLIC WORKS Copy Equipment Co. Mail Stop & Office Products Cut-Rite Forest Products State Treasurer South Metro Distributing Chaska Parts Service Shiely Co. Bryan Rock Products Water Products Co. Elk River Concrete Products Tupy's Tire Service Art Johnson Trucking Warning Lites Inc. Larry Kerkow PARK ANDRECREATION Art Stone Co. Things Remembered Greg Larson Sports R-Own office Supply Prchal Candy Co. A-1 Costume Rental Prior Lake Charter Service Mary Ann~ingo Diane Wikstrom Lisa Conlin MTI Distributing Printed Supplies Supplies Photo Finishing Detox Transportation Credit Checks Meeting Expense & Supplies Repair Supplies Radio Maint. Contract Oxygen Vehicle Maintenance 96.65 8.01 60.57 150.00 3.75 59.21 26.40 239.10 136.00 28.76 Radio Maint. Contract Training Manuals Training Equip. Repair Supplies 519.15 65.00 1,050.00 57.57 Animal Warden 463.12 Engineering Supplies UPS Charges Supplies License Fee Shop Supplies Oxygen Supplies Sand & Gravel Street Repair Supplies Repair Supplies Repair Supplies Repairs Rentals Rentals Reimb. for Certificates 161.54 4.07 203.50 15.00 34.95 24.00 192.55 58.42 174.20 55.22 97.50 360.00 83.50 20.00 Dance Supplies Dance Supplies Playground Supplies Supplies Park Program Supplies Park Program Supplies Bus Charter Park Program Instructor Park Program Instructor Park Program Instructor Equip. Repair Supplies 30.40 397.80 238.82 8.24 12.70 120.00 100.00 33.50 780.00 540.81 4.45 PARK AND RECREATION continued Northfield Tractor Co. Turf Supply Co. Cushman Motor Co. Monnens Supply Water Products Co. Prior Lake Aggregate Kokesh Athletic Supply Menards Midwest Fence Co. Astleford International C & C Special Products Prchal Candy Co. Nancy McGill Glenwood Inglewood Metro South Lindsay South Metro Distributing Prior Lake Rental Center Equ%p. Repair Supplies Equip. Repair Supplies Tire Supplies Bldg. Maint. Supplies Bldg. Maint. Supplies Park Maint. Supplies Park Mainto Supplies Park Maint. Supplies Park Maint. Supplies Veh. Maint. Supplies Concession Supplies Concession Supplies Mileage Bldg. Maintenance Bldg. Maintenance Rentals Rentals 155.44 11.94 34.95 3.20 194.11 31.26 1,306.95 334.32 719.64 81.58 311.89 125.60 14.57 17.55 50.00 40.80 80.25 ECONOMIC DEVELOPMENT PL Chamber of Commerce Kay Schmudlach WATER UTILITY Senior Dinner Conference Expenses 40.00 62.43 Feed-Rite Controls U.S. West Communications Gopher State One-Call Chemical Supplies Telephone Service State Terminal 3,166.14 40.10 282.50 SEWER UTILITY Flexible Pipe Tool Co. Midwest Machinery McKinley Sewer Service Larry Anderson MWCC MWCC DEBT SERVICE-GENERAL FUND Repair Supplies Repair Supplies Lift Station Pumping Travel Expenses SAC Charges Installment 1,340.20 2.70 150.00 18.31 59,598.00 41,001.00 First Trust American Bank Prior Lake State Bank Debt Service Debt Service Debt Service 4,438.28 9,937.50 975.00 DEBT SERVICE FUND Norwest Bank Minnesota First Trust American National Bank Debt Service Debt Service Debt Service 104,592.50 38,558.75 126,839.50 PRIOR LAKE CONSTRUCTION FUND TKDA Engineering Services 172.71 DOG CATCHER$ MONTHLY REPORT TOTAL THIS IrK)NTH Number of dogs picked up / .,4- .,~ Number of hours within Prior Lake area Number of unelaimad dogs _ Reimbursement to City *Include current month*s total ~)og Catcher CITY OF PRIOR LAKE S~,,iary of Building Permits Issued Month of _~ 1992 N~. of Declared No. of No. of Declared Permits Value Permits Single Family ~elli~s Other Dwellings <No. of Units Q Dwelling Units Removed .2 .. N~t Change +5 Residential Garages Indust rial-Conmnercial Structures other than buildings Additions, Alterations 1 · Residential 2. Industrial and Conmercial 7 844,743.75 9 983,426.25 26 0 0 0 0 -3 0 0 0 0 0 1 11,773.52 2 26,145.68 2 0 0 0 0 0 0 0 0 0 1 19 174,168.00 20 133,469.44 44 1 110,000.00 1 3,500.00 4 Mechanical Peri, its 9 28,454.00 0 0 22 Total 37 1,169,139.27 32 1,146,541.37 99 3.703 ~127.65 COMMENTS 04102/92 1426 CREDIT RIVER FIRE 04/0.."/92 1642 CREDIT RIVER FIRE :)4.,'C:£ / ~'2 2049 SF'R ING LAKE 10/52 · /,-,...r ~ C;4C', MED I CAL t)4, ....~/9,. 1 PRIOF~i LAKE 04/,'::.~. / 92 1617 PRIOR' LAKE MEDICAL 04./07,/~2 2256 F'R ![]F¢ L.~KE FI='E 04/04/~2 1¢40 CREDIT' RIVER' i -,/,.~ 04/74/e2 1812 PRIOR LAkE MEDICAL 04 ,," :] 5 ," c' --' 12!5 PRIOR LAKE MEDICAL 04/0~/°,2 0~'24 PR I OF.: LAtE MEDICAL C)4/06/c)2 I .~; t C:' F:'R I OF' LAk:E r~ED I CAL 04 ," ""'~ / o-. I -' '-' =" St"? ~E%' I CAL _ , ,~. _, I ~,! (3 L A k: E }4 ," '7'~ ..' ~2 19!4 ?)PP.'lNG LAkE 04/',:'?/92 170c¢ SF'P' I NCC LA~:: E MEDICAL 04/07/~2 2C)0C. F'R. I OR LAKE FIRE I")4 /'''~/°'~ ~ 15~') CREDIT F., i V F- r-:' 04/08/92 r~236 PRIOR LAVE MEDICAL 04/08/92 ~700 PRIOR LAKE MEDICAL 04/08/92 2105 SF'R I NG LAKE ~" Z -"~ E 04109,/9~ "::' St:": SF'F;.: I NG LAKE. 04/~0/~2 14~8 PRIOr..: LAkE MEDICAL · "~;4 / 12 / ~2 17z~9 PRIOR LAKE ~E:' I CAL r4/'n/~m ?r',18 Bt='r;:'ING LAKE 04/12./9.-., ~.,-?'--lr., .. PRIOR LAkE ME]ICAL 04./'~,/c .... 05 F'F.'IOR LAkE ME.?ICAL 04 ,," 1 .¢, ,,,,' c*- F'R ' ^k'c' 04/14/92 1957 PRIOR LAk:E MEDICAL ~ .., / ~... C)4/,5/92 .}~15 PRIOR LAKE · ..- 'r,-. ?EDICAL 94/ 6/~2 ,', ¢~' "', ") PF,:.~,..!R LAkE 04/17/92 ~934 I::'FtI~Z!I:;'LAkE MEDICAL 04/~,~/~2~_ "'=16..._, F'R~OR LAkE ~EDICAL '~- ' '"' ~'~=5 F'P O~'";.' r'!E:}ICAL 0,4. / , .:: z 9~. ..... _ I L. Ak E 04/19/~2 ~640 F'R T OR L ~I-::'E MEDICAL 04,-' I '~ / 92 1740 PRIOR LAKE MEDICAL O.&,' I ~."'~2 1540 PRIOF,' LA?E c; & / "- I ~' ? """ " (: P' [.:;' ' '" (.,=1 ING ~' E ~FDICAL 04/,.5"-' /~"" ;419 F'RZGR LAkE 04 / 2.=". / t~2 1957 SPRING L. Ak' ~F 'EDICAL (:14 ,./24 / ':~ 2 %5240 F' R I 0 R: L A k: [:~ ?. E ,L', T C A L A4/24,/¢-'~ '-:'P ~-" 'r ~' G LA~:' E · . ~'= 0.]:34 MEDICAL 04/24/e2 .... . ~=4~ PF.: I OR LAKE FIRE !}4/'~ ..... 2 1630 ._~F¢~ING LA['E MEDICA~ 04/'26/92 ")=-'. J~21 F'~.'IOR LAKE MEDICAL 04/26/92 ,.¢w._"==~ PRIOR LAKE MEDICAL GRASS FIRE BRASS FIRE NO TRANSPORT NO TRANSPORT TRANSPORT ONE TO ST. FRANCIS CHIMNEY FIRE GRASS FIRE 542 TRANSPORTED TRANSPORTED ONE TO RIDGES TRANSPORTED ONE TO RIDGES 542 TRANSPORTED NO TRANSPORT 5~2 TRANSPORTED NO TRANSPORT 542 TRANSPORTED CONTROLLED BURN CONTROLLED BURN 542 TRANSPORTED 542 TRANSPORTED HAY BALE ON FIRE HAY BALE ON FIRE 542 TRANSPORTED TRANSPORT ONE ~O RIDGES NO TRANSPORT CONTROLLED BURN NO TRANSPORT 542 TRANSPORTED SMOKE ALARM~ NO FIRE .J4~; TRANSPORTED TRANSPORT TWO TO RIDGES CANCELLED ENROtJTE 542 TRANSPORTED TRANSRORT ONE TO RIDGES TRANSPORT ONE TO RIDGES TRANSPORT ONE TO ST. FRANCIS TRANSPORT ONE 'TO ST. FRANCIS ~4~ TRANSPORTED ~4~ TRANSPORTED TRANSF'ORTED ONE TO ST. FRANCI'2 TRANSPORTED ONE TO ST, FRANCIS TRANSPORT ONE TO ABBOTT N. W. NO ]'RANSPORT TRANSPORT ONE TO ST. FRANCIS BRUSH FIRE TRANSF'ORT ONE TO ST. ~RANCIS TRANSPORT ONE TO RIDGES CANCELLED PER F'OLI~E ~=~ ~ '" ..I ' ':: 04126/92 1218 F'R I 0~ LA~:: E MEDICAL 04126192 1600 ¢'~' I Og' I_A;:: B MEDICAL. 0 4 / '" / ~6, ~2. ~.~¢~r"~= SPR'ING L~k:E ~EDICAL 04/27/92 1222 ~'R I OR LAKE 10/52 04/27/92 1655 CREDIT RIVER FIRE / .~ 04/28,~ 1251 PRIOR LAk:E 04/28/92 1400 P'~ I OR LA~,: E FIRE 04/29/~2 22.38 P'R I OR LA~' 'E MEDICAL 04/30/92 0930 CPEDIT P: I VER' FI~'E 0~/30/92 1500 CP.'EDIT RIVER FIR'E ¢)4. /30. /~ ._,¢4~ = ~ 1 SF'RING LA~::E MEDICAL 04/50/92 1842 F'F, IOR LAKE MEDICAL 04,'30/¢°. , ~105 PRIOR LAI<E 1¢)/52 COMMENTS TRANSPORT ONE TO ST. FRANCIS 540 TRANSPORTED TRANSPORT ONE TO ST, FRANCIS ¢4. TPANSF'ORTED TRANSPORT ONE TO ST. FRANCIS BUILDING DEMOLITION MATERIAL CANCELLED PER DUMPSTER FIRE BURNSVILLE TRANSPORTED GRASS ~IRE - MUTUAL AID FRO~ GRASS =IRE TRACTOR ROLLOVER, DOA 542 TRANSPORTED TRANS~'ORT ONE TO ST. FRANCIS CONSENT AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: ~IE DAVIS/LICENSE CLERK CONSIDER APPROVAL OF CIGARETTE GATEWAY WINE & SPIRITS MAY 18, 1992 LICENSE FOR INTRODUCTION: Kowalsky Enterprises, Inc. is a~plying fOr a Cigarette license for the remainder of 1992. Applicant is current owner of Gateway Wine & Spirits in Prior Lake. BACKGROUND: Cigarette license was previously held by Jeanette Gast of Gast Wine & Spirits. The business was sold to Tom Kowalsky of Kowalsky Enterprises in April of 1992 and is being run under the name of Gateway Wine & Spirits. RECOMMENDATION: Staff recommends the Council approve the application. ACTION REQUIRED: As part of the consent agenda, make to approve the application for license. a motion cigarette 4629 Dakota St. SE.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER INTER-OFFICE MEMO TO: FROM: RE: DATE: Prior Lake City Council and David Unmacht Laurie Davis/License Clerk Cigarette License Application May 18, 1992 Attached to the consent agenda please find a cigarette license application from Tom Kowalsky of Kowalsk¥ Enterprises, Inc. Also attached is a receipt for the a~plicat~on fee of $30.00 and the license. If approved, please s~gn the attached license and return to me. TO: FROM: DATE: RE: Mayor and City Council Ralph Teschner, Finance May 5, 1992 May 1, 1992 Treasurer's Director Report FUNDS General Sewer & Water Capital Park Debt Service Construction Tax Increment Equip. Acquis. Trunk Reserve 04/1/92 BALANCE (6,537.84) 31,567.57 31,306.55 29,179.07 10,493.18 33,753.26 4,662.06 23t513.91 RECEIPTS DISBURSEMENTS 234,320.38 259,500.82 176,856.08 175,337.40 1,775.00 0.00 37,932.41 56,635.00 808.23 5,858.36 80.36 0.00 22.07 3,492.59 157t148.45 173~105.00 05/1/92 BALANCE (31,718.28) 33,086.25 33,081.55 10,476.48 5,443.05 33,833.62 1,191.54 7,557.36 INVESTMENTS 950,000.00 885,980.16 5,494,000.00 297,000.00 400f000.00 TOTAL 157,937.76 608,942.98 673,929.17 92,951.57 8,026,980.16 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN' EQUAL OPPORTUNITY F~PLOYER ! 1992 CAPITAL BUDGET and 1992-1996 CAPITKL IMPROVEMENTS I. Descrlff4on mi Location: Oq:mrtmm~t: Project Tttl®: (CITY HALL) Project Number:. O, JBRARY) Project Useful Life: (pusuc II. Purpose: Evaluate current and future office space and maintenance facilities space requirements for the purpose of planning strategic expansion of cap- ital plant and buildings in terms of location and size. IlL Need8 Assessment: Priority Ranking: I ClP-5 ] City-wide Space Study 10-20 years High (1) IV. Cost/Benefit Impact Statement: Professional use of outside expertise/con- sultants to identify and quantify departmental space needs will provide the City with a plan of direction and funding alternatives for op- timum cost containment. Project Financing 1992 1993 1994 1995 1996 Special Federal Cit7 MSA Fu~cb Fund Balance if,000.00 Equ~,ent ~tes Gram/~ttom Total 15,000.00 Project Expenditures 1992 1993 1994 1995 1996 Como. ucam (~) Bull~ & Other 15,000.00 To~l 15,000.00 TO:. FROM: SUBJECT: Mayor and City Council Beverley Miller Summer/Fall Service Improvements Minnesota Valley Transit Summary This memorandum presents service improvements in the City of Prior Lake as proposed by the Minnesota Valley Transit Authority Background Minnesota Valley Transit Authority recently completed a market research survey of area residents to define the potential transit market(s) within the six communities. The study identified potential transit market by determining who would use the service, for what purpose, and the estimated size of the market. This research was intended to provide insights into future directions - both the expansion of current services and the creation of new routes. The study concluded that the MVTA communities possess a large untapped potential market for public transportation. The development and implementation of transit services must satisfy the most significant areas of the market in order to be successful. The most significant opportunities identified in the study are as follows: 1. The most often cited (over 30%) purpose which respondents were willing to try the bus was for travel to and from work. The study states: "Providing rapid and direct service to job locations should remain the top priority of the MVTA in planning future services". 2. Two geographical hubs were also popular among survey residents. Service to and from Burnsville Center had a large general demand and to a lesser extent, Downtown Apple Valley. A "local route with stops" tended to rank highly, especially among the County Road 42 residents. Implementation and Operation Plan 1. There are a number of destinations which appear to generate sufficient demand to warrant at least demonstration efforts during rush hour: Minneapolis-Saint Paul International Airport, the Interstate 494 Strip from Bloomington to Eden Prairie Center, the commercial developments along Yankee Doodle and Pilot Knob Roads, and expanded service to Downtown Minneapolis. · Expanded Service to Downtown According to our survey results the downtown express bus ridership has not been fully tapped; through a combination of route modifications and aggressive marketing, these services could be expanded. We know from conducting on-board surveys, the express rider wants mid-day bus service to enable them to get back home for medical appointments, sick children, etc. The opening of the Mall of America MTC will be providing half hour express service from the downtowns(both Minneapolis and St. Paul). At this time plans are underway to also provide service to the University of Minnesota, Southdale, Southtown, Normandale Community College and other areas within the City of Bloomington from the Mall of America. The RTB is focusing service at the Mall which will serve as a transit hub providing bus service to many destinations. Staff is recommending a mid-day shuttle bus from the mall to several major park/ride lots in Apple Valley, Burnsville and Eagan. If the service is successful, lots may be expanded to include cities of Prior Lake, Savage and Rosemount. Using our two small buses operated by National School Bus, the bus could pick up passengers at the mall, drop them at park/ride sites and provide some internal circulation in areas near the lots to hopefully pickup passengers wanting to make connections to other parts of the metro area, shoppers or persons working at the mall. This would be the most cost-effective method of providing mid-day service because: our small buses are not being used during this time, with each successive hour of service our hourly rate is reduced, we would not be traveling all the way downtown hence the trip distance would be less, and finally National°s hourly rate is half the cost of the MTC. Staff believes that by providing mid- day service, our express service will become more attractive and ridership will grow as a result. A large percentage of the survey (48%) reported flexible hours were offered by their employers. This service could help attract these workers by offering a varied and frequent time schedule. It would also help riders gain confidence in using the bus because they have another alternative to get home should they need it. This service would be implemented in August, 1992. 2. Fixed schedule service to and from the Burnsville Center had a large general demand; mitigating it somewhat were the varying schedule desires of the populace. Downtown Apple Valley also proved to be a popular destination, although substantially less than the Burnsville Center. A "local route with stops" tended to rank highly especially among the County Road 42 residents. · Service County Road 42 Corridor For planning purposes, the survey found students and seniors as a pool of potential users which could marginally increase ridership to more popular destinations such as the Burnsville Center. The days and times residents went shopping were scattered across the time spectrum, although noteworthy small peaks in the County Road 42 and the General Population Surveys occurred at 10:00 -11:00 AM on weekdays. According to survey results, a mid-morning, noon, and mid-afternoon run would completely meet existing demand. Staff proposes to implement, on a demonstration basis, a summer County Road 42 bus that would use our two small buses after the rush hour, for a mid- day local County Road 42 bus that would serve major destinations along the corridor such as Dakota County Ubraries, movie theaters, swimming pools, and the Center area. One bus would originate in Rosemount and the other in Prior Lake. By permitting some deviation from County Road 42 to reach the High Density Census Blocks in each city along the corridor, we anticipate a satisfactory number of riders could be achieved. For this demonstration to prove successful, we need all potential riders (students, seniors, general population, part-time workers) to use the service which is why its implementation is planned for the summer months (June 15-August 28). Service would operate Monday-Friday from approximately 8:45 AM to 3:45 PM. Staff will be working with technical work group (Kay Schmudlach is member from Prior Lake) on the development of route and schedule. From the regional perspective, traditionally crosstown bus service has not proven successful in other Twin Cities areas such as Richfield, which gives reason for our judicious approach toward the implementation of this service. During the summer, staff will conduct on-board surveys to determine who is riding, and for what purpose. From our own operational experience we can better determine the success/failure for evaluating continued service in the corridor. Budget $76,049 Expansion $49,500 Contingency fund for continuation/expansion of service $125,549 Total Funding for these projects is available within the MVTA existing budget. If additional funding is required during 1992, staff would propose to amend the existing MVTA contract with the RTB for an amount not to exceed $241,425 which is the revised calculation of available local funding. Due to a lack of any midday service operated by MVT^, the operating levies in all six communities are fully feathered. Minnesota Statutes define full peak and limited off-peak service as follows: peak period regular route service plus weekday midday regular route service at intervals longer than 60 minutes on the route with the greatest frequency. If the County Road 42 service continues in the City of Prior Lake beyond August, the tax feathering aides would be partially removed. Based on 1992 payable transit tax data, the annual transit tax would increase on a $100,000 valued home by approximately $3.26 for limited service operating less than every hour (partially feathered) or approximately $9.79 full service (unfeathered) operating greater than every hour. Midday Shuttle Service affects tax feathering aides in Apple Valley, Burnsville and Eagan where service is proposed. Route 39 I - 4 94 Yankee Doodle Midday Shuttle Co. Rd. 42 Expansion Pilot Knob Hourly Service Hourly Service Hourly Rate *20.94 *20.94 * 2 0.94 Revenue Hours 1 44 1950 I I 0 0 Service Cost $3~016 $40~833 $23,034 Marketing $2,300 $2,500 $3~300 $6,000 $4,566 TOTALCOST $5,316 $2,500 $3,300 $46,833 $27,600 Cash Fares $840 .$5~360 $3,3 00 Subsidy $4~476 $41~473 $24~300 Passengers 884 10,725 6 ~ 6 0 0 Subsidy/Pass $5.06 -$3.87 · $ 3.6 8 Fare Recovery 1 6 % 1 2 % I 2 % Passengers/Hour 6.1 5.5 6.0 Implementation I 0/5/92- 6/92- 6/92- 8/1 7/92- 6/1 5/92- Date 12/31/92 10/92 10/92 12/31/92 8/28/92 Regional Fare $1.10 $0.85 $ 0.5 0 Policy Contingency Fund $ 9,000 $ 4 0,5 0 0 Add 430Hrs 8/31-12/31 * Represents consecutive hour of service rate o The subsidy per passenger and the fare recovery figures take into account the transfer of passengers for which passengers are counted but no revenue is credited. Six City Park and Ride Lot Study Purpose: To identify mid and long-term park/ride lot improvements that integrates service improvements with facilities to provide for growing transit demands. The principle objective of a park/ride lot is to serve a geographic area as a transfer center between automobiles and public transportation modes by providing parking and access to service. MVTA service for park/ride lots currently includes joint use, exclusive use, contractual and informal agreements. Transit facilities in some areas served by regular routes are either non existent or over capacity. Growing demands for service and inadequate facilities is constraining our ability to adequately manage our transit system. Study Objectives: 1. To formulate interim and long-term permanent park and ride siting solutions reflecting an ever changing transit delivery system. 2. To improve service dependability and continuity and provide solutions in the event lots are lost or over capacity. 3. To formulate a strategy for plans implementation that identifies and recommends sites for acquisition, long-term lease and joint-use. 4. To coordinate plans with RTB/Met Council to increase the probability that MVTA proposals will support and be supported by long-range Metropolitan-wide transit solutions. Time Frame: MVTA has recently hired Strgar-Roscoe-Fausch (SRF), Inc. to conduct this study. The study began in April and it is expected that the outcomes are to be reported and site recommendations made in June. Status: ^ system wide survey was conducted on May 5 to help determine passenger origins, work start/end times, reasons for using certain lot locations. SRF has developed a list of criteria that has been sent to each city to begin using in identifying potential park/ride sites throughout our service area. POUCY / LEGISLATIVE INITIATIVES Issues Resolved: 1. Capital Expenditures Opt-outs were paying twice for capital equipment, once through a regional transit debt levy and again through their contracts with service providers. The RTB has now established a policy that resolves this issue. Opt-out systems will be able to use all of their (90%) funds for service. The RTB's bonding bill authorization which passed this session, plays a major role in the implementation of this policy. 2. Projecting Annual Available Revenue When the original opt-out transit legislation was passed by the legislature, it stated funding for opt-outs would be "up to 90% of local available transit funds." No definition of "local available transit funds" was included in the legislation. This lack of definition created confusion in the calculation of the amount of funds that were to be received by opt-outs. Language has now been added to the opt-out legislation through an amendment to the Omnibus tax bill and was approved by both houses. Under this new definition, which was based upon research by the Revenue department and the House research staff, "local available transit funds" include 90% of the following items: 1. The non-debt transit levy 2. The fiscal disparities distribution levy 3. The portion of HACA aid attributed to the non-debt levy] 4. Disparity reduction aid attributed to the non-debt levy In some cases, this new definition will result in substantial new funds being made available for opt-out services. 3. Fund Reserve/Fund Carry Over/Cash Advancements/3% Audit Retainage Opt-out systems had no fund balance to cope with unforeseen needs, growth and revenue shortfalls. A new policy is now in effect which provides opt-outs with a fund reserve and in 1994 a new policy will allow opt-outs access to their 1993 carryover. In 1992 the RTB discontinued their policy of withholding 3% of our contract amount which was held in the past until an RTB audit was completed. II. Issues Under Discussion 4. Defining Roles and Responsibilities This issue relates to the debate over regional oversight versus local management and control. Due to time constraints, this issue has not yet been addressed but it's hopeful that we will resolution this summer. 5. Accessibility Plan per American Disability Act (ADA) This issue expresses concern over how the Metro Mobility program is going to change to reflect ADA requirements. I am reviewing the RTB's new Metro Mobility service plans and will keep you informed of potential impacts to MVTA. A copy is attached. DISCUSSION GUIDE Metro Mobih'ty 1993 Service PI,n Situation With Metro Mobility costs rising, funding has become severely limited. Providers claim service is overall inefficient and unprofitable; rate increases have been insufficient. Service quality is adversely affected. Aging vehicles are not being replaced. More ride requests are being denied. Late arrival of vehicles continues to be a predominant complaint. The service concept is to: Create a core service area, which would be served by a single provider. This area would include Minneapolis, St. Paul, and approximately 30 surrounding suburbs where regular route bus service is provided and the vast majority of rides today on Metro Mobility are made. Assign local programs the responsibility to coordinate trips outside of the core area. There are 11 county and community dial-a-ride services currently funded by the RTB that can serve residents of their service areas who now use Metro Mobility. The underlying goal for this change in the Metro Mobility program is to maintain service coverage throughout the region in the most cost effective manner. Objectives The following quantifiable objectives are attainable with this plan: · Cost Effectiveness. Achieve savings of 20 to 25 percent in Metro Mobility subsidy per trip. · Operating Efficiency. Increase service productivity to 3 passengers per vehicle service hour. · Service Quality. Improve on-time performance to 95 percent of trips arriving within schedule. Features The main features of the plan include; " A single Metro Mobility provider selected competitively: · Long term, hourly rate contract, and new vehicles. · Centralized ordertaking, scheduling, and dispatching. · Flexibility for the provider to arrange transfers. · Trips brokered to taxis if cost effective. · Performance incentives for productivity and on-time performance. Benefits The key benefits to implementing this plan are: · Greater control of Metro Mobility program costs. · New vehicles, for a more comfortable and safe ride, easily identified with a consistent paint scheme and logo. · Enhanced opportunity for all Metro Mobility trips to be provided. · Better on-time performance: vehicles arriving within schedule. · Convenience of a single phone number to request a ride. · Improved information reporting, a single source for comprehensive data on operations and performance. MAPLE GROVE COON RAPIO$ BLAINE LINO LANES CENTERVILLE CIRCLE PINES PLYMOUTH MEDICINE LAKE WILLENNIE 'INE SPRINGS LAKE ELMOI I)[ENWOOo. . I ! CHANHASSEN ~ CHASKA I MENDOTA HEIGHTS EAGAN INVER GROVE HEIGHTS WOOOBURY NEWPORT ST. PAUL COTTAGE GROVE SHAKOPEE PRIOR SAVAGE I BU R'NSVILLE I APPLE VALLEY ROSEMOUNT METRO MOBILITY CORE SERVICE AREA LOCAL PROGRAM SERVICE AREA Z 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 NUMBER: REQUESTED BY : SUBJECT MATTER: DATE: 5 A DICK POWELL, POLICE CHIEF CONSIDER REQUEST BY POLICE DEPARTMENT COMMUNITY ROOM FOR OFFICE SPACE MAY 18, 1992 TO USE INTRODUCTION: BACKGROUND: BUDGET IMPACT: The police department is requesting Council approval to convert the Community Room to office space. The additional detective has added to what has already become an overwhelming lack of work space within the department. City Manager Unmacht has informally discussed this idea with the City Council members. The consensus of the Council was positive with direction to determine the costs of the room conversion. The police department has been operating with maximum use of its office space for the past few years, officers that dress for duty at the station have to dress in the coffee room area with no privacy from the public or secretaries. Shift commanders have been working out of the coffee room. They can no longer operate without a desk and filing cabinet. The addition of another detective leaves that officer without a place to sit down, a phone, computer, and interview place. With another detective, an additional part time secretarial position will soon be needed and space for a work station for that person. More storage space is needed along with room for electronic equipment. There is no room to add an additional locker for the new officer. At the present time an officer who has parents in to discuss a situation has to either talk to them in the lobby, coffee room, or an interview room that does not have a phone, desk, chairs, etc. Staff meetings held by the supervisors are cramped and take away any place where patrol officers can then meet with the general public. A sketch of the proposed room conversion is on file with the City Manager and will be available at the meeting. Staff has estimated costs to be approximately $10,506. There is no money budgeted for this activity. Funds from the contingency fund must be used to 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 A~< EQUAL O??ORTUNITY EMPLOYER cover the expense. As of April 30, the Contingency balance is $98,734. With the County Road 21 corridor projects, expenses allocated to the contingency fund but unappropriated as of May 18, would result in a contingency balance of $86,534. ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Three alternatives to this agenda item are: 1) Do not allow the Police Department to use the Community Room space. 2) Allow the Police Department to turn Community Room into office space. the 3) Seek outside space for police department. Alternative #2 to allow police department to convert the Community Room into office space. Finding space outside of city hall would be expensive to operate as duplication of equipment such as computer, phones, printers, copier, and fax machines would cost more than the conversion of the Community Room. Approval of this item will remove the Community Room space for meetings, some storage (not all) and the Council office. Other accommodations for these items will have to be made. Staff recommends that the Police space needs should outweigh the inconvenience. This is the first major change to our city hall facility since remodeling occurred in 1986. (On the other hand, maybe we are lucky we made it this long without changes.) If the Council approves of this request, staff will notify all organizations and individuals who normally use the Community Room for meetings. Approve the conversion of Community Room to office and storage space for the police department, and authorize contingency fund allocation in an amount not to exceed $11,000 to pay for the expense of the conversion. Memo Date: To: From: Subject: April 24, 1992 Dave Space Utilization Enclosed is a rough sketch of how we plan to utilize the space in the small meeting room. We need this space because: -the police are out of space and the new detective does not have a place to sit down; -the police are out of locker space for the new rookie; -the detectives need an interview room; -shift commanders can no longer operate efficiently without a desk and filing cabinet. They have been trying to work out of the coffee room; -more storage space is needed and room for electronic equipment; -an additional part time secretarial position will soon be needed and space for a work station for that person. If you need anything further or have any questions, please contact me. 'IN .%, ~. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 6 KAY SCHMUDLACH, ASSISTANT CITY MANAGER CONDUCT PUBLIC HEARING ON THE FORMATION OF DEVELOPMENT DISTRICT NO. 2 - CONSIDER RESOLUTION 92-18 MAY 18, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: On April 20, 1992, the City Council passed Resolution 92-15 (attached) establishing a Public Hearing date of May 18, 1992 to discuss proposed Development District No. 2. The City Council has been working with staff, the Economic Development Committee (EDC) and the Planning Commission to create a Business Office Park. In December a pro forma was presented to Council outlining the financial scenario on which the development should proceed. The scenario identified Tax Increment Financing (TIF) as one source of revenue necessary to financially support the development. Council is being asked to create the development district framework in order to proceed with future TIF financing. Tax Increment Financing is a state legislated process used to capture increased tax revenue in order to invest in the development. The City has used TIF in several instances and proposes to use TIF in the development of the new Business Office Park. TIF allows the development costs to be reduced to a point where Prior Lake can compete with neighboring developing communities. Resolution 92-18 establishing the Development District, provides the framework to proceed with specific TIF projects. Adopting Resolution 92-18 does not commit the City to any financial obligation. In order for TIF to be used, a Development District must be established. In order to establish a Development District the City must 4629 Dakota ST. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 A~'~ EQUAL OPPORTUNITY a~PLOYER RECOMMENDATION: ALTERNATIVES'. ACTION REQUIRED: first pass a Resolution (92-15) setting a public hearing dgte and notifying Scott County and School District #719 of our intent. The public hearing notice was published in the Prior Lake American on May 4 and May 11. As of this writing, staff has not received any comments or.questions from either Scott County or School District %719. The Planning Commission must pass a Resolution approving the plan. The Planning Commission did approve a Resolution for the Development District on May 7, 1992. The Resolution has been attached for your information. Finally, the Council must hold a public hearing to consider approval of the Resolution approving Development District No. 2 (92-18). Council is asked to review Resolution 92-18 and the attached document creating Development District No. 2. The Development District No. 2 identifies a development program that clearly outlines the project eligibility, objectives of the Development District and the plan for public improvements. The Planning Commission, EDC and staff recommend the City Council approve Resolution 92-18 approving the Development District No. 2. The City Council has the following alternatives: Approve Resolution 92-18 Development District No. 2. establishing 2. Deny Resolution 92-18 for a specific reason. Table Resolution 92-18 until a specific date for a specific reason. Motion to approve Resolution 92-18 establishing Development District No. 2 is in order. "AGN6" RESOLUTION 92-18 A RESOLUTION OF THE CITY OF PRIOR LAKE APPROVING DEVELOPMENT DISTRICT NO. 2 PURSUANT TO MINNESOTA STATUTES, CHAPTER 469 MOTIONED BY SECONDED BY WHEREAS, it is desirable and in the public interest that the City of Prior Lake (hereinafter the City) undertake and carry out a development program, pursuant to Sections 469.124 to 469.134 of Minnesota Statutes, encompassing the area which is more' particularly described on Exhibit A attached hereto and made a part hereof, (which area is herein called Development District No. 2 or the Development District); and WHEREAS, the City Council has reviewed "Development District No. 2, dated January 24, 1992" (herein called the Plan Booklet), which sets forth a development program for the Development District; and WHEREAS, the Board of Commissioners of Scott County, has been notified of the public hearing for of the Plan Booklet; and Minnesota, the review WHEREAS, the School Board of Independent School District No. 719 has been notified of the public hearing for the review of the Plan Booklet; and WHEREAS, the City's Planning Commission has been consulted with concerning the formation of the Development District; and WHEREAS, the City Council has received and considered the comments of the Board of Commissioners of Scott County, the School Board of the Independent School District No. 719, and the City's Planning Commission respecting the contents of the Plan Booklet; and WHEREAS, the City Council on April 20, 1992 after having published a notice of public hearing in the official newspaper of the City, conducted a public hearing on the Plan Booklet and received public comments on the same. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F~V, PLOYER NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MI~ESOTA, as follows: It is hereby found that there is a need for the Project activities in Development District No. 2. 2. It is hereby found that Development District No. 2 is an area "already built up" within the meaning of Section 469.124 of Minnesota Statutes for the following reasons: ao The vicinity of the Development District is urban. Existing land uses in the viclnlty include residential and industrial. Zoning in the vicinity corresponds to the land use pattern. be City sanitary sewer, storm sewer and water lines are in the vicinity. A 1988 city engineering report determined that sanitary sewer and water could be extended to serve the area. Ce The Development District abuts County Road 21. County Road 21 is proposed to be a major arterial linking Prior Lake to Interstate 35. do The city's comprehensive plan has designated the Development District as a business/office/industrial park area. An amendment, under current consideration, to the city's zoning code will designate the Development District as an industrial area. It is hereby found that the development program set forth in the Plan Booklet will carry out the objectives of Development District No. 2 by assisting the development of an industrial park thus creating ~mployment opportunities, enhancing the tax base and improving the general economy of the area. That the development program as set forth in the Plan Booklet, having been duly reviewed and considered, is hereby approved, and the area described in Exhibit A hereto is designated as a development district pursuant to Section 469.126, S~bd. 1, of Minnesota Statutes. 0 That the City Council designates the City Manager to act as administrator of the Development District. e That the city Council, acting pursuant to Section 469.132 of Minnesota Statutes, declines to appoint an advisory board for the Development District. That the City states the environmental controls to be applied in connection with the execution of the development program shall consist of the applicable ordinances of this City, and the applicable provisions of Minnesota Statutes. That the City will provide for the relocation of all who would be displaced by the proposed Development prior to displacement unless they desire otherwise. persons District 9. That the City Manager is hereby directed to file a copy of this resolution and a copy of the Plan Booklet with the Minnesota Department of Revenue. BE IT FURTHER BE RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE MINNESOTA, that Resolution 92-18 will approve Development District 92-18 pursuant to Minnesota Statutes, Chapter 469. Passed and adopted this day of , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White {Seal) David J. Unmacht City Manager City of Prior Lake HERITAGE 1891 COMMUNITY 1991 RESOLUTION 92-15 RESOLUTION ON THE PROPOSAL TO FORM DEVELOPMENT DISTRICT NO. 2, ADOPT DEVELOPMENT PROGRAM AND CALL FOR CONSULTATION WITH OTHER AFFECTED JURISDICTIONS AND PUBLIC HEARING MOTIONED BY WHITE SECONDED BY FITZGERALD WHEREAS, a pr~p?sal to form Development District No. 2 under the provisions of Minnesota Statutes, Chapter 469 ("the Act"), and to adopt a development program has been received by the City Council; and WHEREAS, the Act requires that prior to formation of a Development District the City Council shall provide a reasonable opportunity to members of the County Board of Commissioners of the County of Scott and the members of the School Board of Independent School District No. 719 to meet with the City Council and that the City Council shall fully inform the members of the County Board and School Board of the fiscal and economic implications of the proposed Development District; and WHEREAS, the Act further requires that prior to the formation of a Development District and adoption of a development program a public hearing shall be held thereon. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY PRIOR LAKE, MINNESOTA, as follows: COUNCIL OF 1. That the City Manager is auth'orized and directed to make available to the County Board of Commissioners of Scott County and of the School Board of Independent School District No. 719 a copy of this resolution, together with a copy of the proposed development district plan, and to invite board members to meet with the City Council to discuss said proposal on the 18th day of May, 1992 at 8:00 p.m. at the City Hall. 2. That a public hearing on said plans will be held at the time and place set forth in the Notice of Hearing hereto attached and incorporated herein by reference. The City Clerk is authorized and directe4 to cause said Notice of Hearing to be published in the official newspaper and, if the official newspaper does not 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 ,' Ph (612) 447-4230 Fax ~612; 447-4245 have general circulation, in a newsgager of general circulation in the City at least once not less than 10 days nor more than 30 days prior to the date of hearing and to cause a copy of said notice to be mailed to Scott County and the School Board of Independent School District No. 719. Passed and adopted this 20 day of April , 1992. {Seal} YES Andren X Fitzgerald X Kedrowski X Scott X White X Andren Fitzgerald Kedrowski Scott White / D~ C' NO ~id J. Unmacht ty Manager ty of Prior Lake RESOLUTION OF .THE PLANNING COMMISSION FINDING THAT THE PLAN FOR DEVELOPMENT DISTRICT NO. 2 CONFORMS TO CITY PLANS FOR DEVELOPMENT OF THE LOCALITY AS A WHOLE WHEREAS, the plan for Development District No. 2 (the "Plan") has been submitted to the city Planning Commission pursuant to Minnesota Statutes, Section 449.126, Subd. 1; and WHEREAS, the Prior Lake Planning Commission has reviewed the Plan to determine conformity of the Plan to the general plan for the development or redevelopment of the municipality as a whole. NOW, THEREFORE, BE IT RESOLVED by the Prior Lake Planning Commission that the Plan for Development District No. 2 conforms to the general plan for the development of the municipality as a whole and the Commission recommends approval of the Plan to the City Council. Adopted by the Planning Commission of the City of Prior Lake this ~- day of ~~/\,~--.~ '~~~/~/~/~----/~ ~ ~t~a~r~anning AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 7 BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER RESOLUTION 92-12 APPROVING PLANS SPECIFICATIONS AND ORDERING ADVERTISEMENT BIDS FOR PROJECT 92-11 MAY 18, 1992 AND FOR INTRODUCTION: BACKGROUND: The purpose of this item is to consider the approval of the plans and specifications for Project #92-11, Franklin Trail sidewalk improvements, and authorize the advertisement for bids. On July 15, 1991, the Council approved a motion ordering the preparation of plans and specifications for Project #91-14 which is for the paving of trails within Lakefront Park and along Franklin Trail from T.H. 13 to T.H. 13. The City of Prior Lake's Engineering Department is preparing plans and specifications for the construction of the trail. Plans and specifications will be presented to the Council at the May 18, 1992 Council meeting. In the initial feasibility study, the cost of a bituminous surfaced trail along Franklin Trail from T.H. 13 to T.H. 13 was estimated at $96,000.00 and included 15% indirect costs. Two informational meetings were held with the residents along Franklin Trail to receive input as to the trail proposal. From the first meeting held on October 10, 1991, the residents were strongly opposed to a $ foot bituminous trail in front of their single family homes. Most of the single family homes facing Franklin Trail are along the east side of Franklin Trail from Brunswick Avenue to Summer Street. At the second informational meeting held on October 24, 1991, City Staff proposed to the residents that the City would install a 5 foot concrete sidewalk and place the sidewalk on 4629 DakoTa ST. S.E. Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY a%4PLOYER DISCUSSION: the west side of Franklin Trail from T.H. 13 to CSAH 21 and then on the east side of Franklin Trail to CSAH 44. This alignment of the walk would minimize the impact in front of single family homes and yet make the trail connection from T.H. 13 to CSAH 44. The residents at the meeting were generally in agreement with these proposals. The residents on Franklin Trail were invited to attend the November 25, 1991 Parks Advisory Committee meeting to discuss the Franklin Trail bike/hike trail. Six residents were present at this meetin~ representing the neighborhood and those in attendance were: Sandy Andersen, Dee Houle, Mr. & Mrs. Pat Senftner, Nate Girard and Ed Beuch. After discussion of the issues with the proposed trail, the Parks Advisory Committee passed a motion to recommend theinstallation of a five (5) foot concrete sidewalk along Franklin Trail from T.H. 13 (south) to the Gateway Shopping Center. In addition, the PAC had recommended, as part of the Lakefront Park Trail construction project in 1991, that the trail connection on Main Avenue be made from Lakefront Park to Dakota Street. This portion of the project was eliminated in 1991 due to costs. For that reason, the Franklin Trail walk north of CSAH 44 will be bid as an alternate to keep within the $75,000.00 budget and provide the Council the flexibility in meeting our trail plan objectives. Plans and specifications have been developed for the construction of a concrete sidewalk from T.H. 13 to T.H. 13 along Franklin Trail and will be presented at the Council Meeting. The engineer's estimate for the construction is as follows: sidewalk 1.) Walk along Franklin Trail from T.H. 13 (south) to CSAH 44 2.) Walk along Franklin Trail from CSAH 44 to T.H. 13 (north) TOTAL $ 62,200.00 $ 11,000.00 $ 73,200.00 Part of the total cost listed above includes material costs for the Parks Maintenance crew to install the granular cushion, sodding and concrete block retaining wall. These costs have an estimated total of $9,539.00 and are being done by City personnel versus a Contractor in order to minimize the project cost. In addition to the walk along Franklin Trail, the PAC together with the Parks department, would like to complete the bituminous trail connection to Lakefront Park from Main Avenue. Also the Parks department would like to pave the trail entrances to Fish Point and Oakland Beach parks (See attached maps). Paving these entrances would g~eatly improve the appearance and minimize ongoing maintenance costs. The estimated cost of the work in these areas is as follows: AREA DESCRIPTION COST 1.) Main Avenue (600 feet) 2.) Paving of entrances/Fish Pt. Oakland Beach, Glendale Ave. $5,500.00 $8,000.00 TOTAL $13,500.00 The total cost of the park trail improvements desired for this year is estimated to be $85,700.00 with Franklin Trail concrete walk cost at $73,200.00 and bituminous trail paving cost for Main Avenue and park entrances at $13,500.00. The actual cost of the work will depend upon the bids or quotes received from the Contractors. On July 15, 1991, City Council authorized a General Fund Balance transfer of $75,000.00 to construct trails for Lakefront Park. An additional $75,000.00 from the General Fund Balance has been approved by the Council to be transferred to install the walk along Franklin Trail. There are three alternatives to consider in proceeding with the park trail improvement project and are as follows: 1.) Install the Franklin Trail concrete walk from T.H. 13 (south) to T.H. 13 (north) and the bituminous trails along Main Avenue and the park entrances to Fish Point and Oakland Beach parks. Cost estimated at $85,700.00. 2.) 3.) Install the Franklin Trail concrete walk from T.H. 13 (south) to T.H. 13 (north). Cost estimated at $73,200.00. Install the Franklin Trail concrete walk from T.H. 13 (south) to CSAH 44 and the bituminous trails along Main Avenue and the park entrances to Fish Point and Oakland Beach parks. Cost estimated at $75,700.00. RECOMMENDATION: ALTERNATIVES: The work associated with the Franklin Trail concrete walk will be over $15,000.00 and by statute must be advertised for bids through publi? notifications. The bituminous trail work is estimated to be under $15,000.00 and quotes can be obtained by staff from select contractors having done work for the city. The pu.rpose of this Council Agenda Item is for approving the plans and specifications associated with the concrete walk construction along Franklin Trail from T.H. 13 south to CSAH 44. The bid proposal will include the concrete walk construction on Franklin Trail from CSAH 44 to T.H. 13 (north) as an Alternate Bid Item. This action will incorporate the November 25, 1991 PAC recommendation on trail to Gateway Shopping Center.) An acceptable bid opening for Project #92-11 would be at 10:00 A.M. on July 1, 1992. The bid opening results will be presented to Council at the July 6, 1992 meeting. The bids received on July 1, 1992 will determine how much work can be done and at what cost for this year's park trail improvement project. Staff intends to obtain quotes for the bituminous trail work for Main Avenue and the park entrances as shown on the attached maps. Staff will present the cost of this work at the July 6, 1992 Council meeting along with the bid results of the Franklin Trail walk project. A decision as to the transfer of funds from the General Fund Balance can be made at that meeting. Approval of Resolution 92-12 would appropriate subject to Council direction. be The alternatives are as follows: BUDGET IMPACT: Approve the Plans and Specifications and approve Resolution 92-12 ordering an advertisement for bid with a bid opening for July 1, 1992 at 10:00 A.M. Table this item for a specific reason. Deny the project at this time. This project will be paid primarily through Park Dedication funds which will require a General Fund balance transfer. Council can decide at the July 6, 1992 meeting as to the amount to transfer. Previous authorization on July 15, 1991 was for a transfer of $75,000.00. ACTION REQUIRED: Make a motion to approve Resolution 92-12. RESOLUTION 92-12 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON FRANKLIN TRAIL WALK IMPROVEMENT (PROJECT 92-11) MOTIONED BY SECONDED BY WHEREAS, pursuant to a motion, which the City Council approved on July 15, 1991, the City Engineer has prepared plans and specifications for the improvement of a walk on Franklin Trail by the construction of concrete sidewalk, and appurtenant work, and has presented such plans and specifications to the Council for approval. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: Such plans and specifications, a copy of which is attached hereto and made a part of hereof, are hereby approved. The City Manager shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published not less than 21 days prior to bid opening, shall specify the work to be done, shall state that bids will be opened, and that all bids will be received by the City until 10:00 A.M. on July 1, 1992, at which time they will be publicly opened in the Council Chambers of the City Hall by the City Engineer. No bids will be considered unless sealed and filed with the City Manager and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Prior Lake for 5 per cent of the amount of such bid. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax ~612) 447-4245 ,,.~"q EQUAL OPPORTUNITY EMPLOYER The City reserves the right to reject any and all bids for any reason as determined solely by the City. Passed and adopted this of , 1992. YES Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White NO (Seal) David J. Unmacht City Manager City of Prior Lake I II I III ~ I I II III I Proposed Trail Legend Trail o.. ,Street Frankltn I. I I II 0,' ~0~' 'N II I III1__ I III I II NO. 33 Z N KORT SCt4 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: 8 HORST GRASER, DIRECTOR OF PLANNING CONSIDER PRELIMINARY PLAT OF CARRIAGE HILLS MAY 18, 1992 % Mr. Warren Israelson has petitioned for preliminary plat approval for Carriage Hills Subdivision in accordance with Section 6-3-3 (B) of the Subdivision Ordinance. The Council has 120 days to render a decision following a complete application unless an extension has been agreed upon by the applicant and the City. The 120 day period expires July 2, 1992. The 97 acre subject site has undergone a transition in land use designation from industrial to single family residential in the last year. This development is a single family subdivision consisting of 223 lots having a density of 2.31 units ~er acre(U/A). The City Code allows for a density of 3.5 U/A. Staff is preparing a table for comparing recent developments, analyzing average lot sizes, units per acre, and lot size ranges. The table will be available at the meeting. On March 2, 1992, the city Council approved a comprehensive plan amendment for the subject site from industrial to residential. This plan amendment is subject to Metropolitan Council review. The Metropolitan Council found that the amendment has a potential impact on metropolitan systems, specifically the.sanitary sewer system and invoked a 90 day review period ending June 16, 1992. The only issue with this amendment is non-point source pollution to the Minnesota River. When this agenda report was prepared the Metropolitan Council Staff member assigned to review this component has not completed his work. Therefore, any preliminary approval granted by the city Council must be conditioned upon the Metropolitan Council review of the comprehensive plan. Over the past several weeks considerable interest has developed with respect to lot size, home value, and density of this development. Staff and Council have addressed 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax/612) 447-4245 .-~N EQUAL OPPORTUNITY E'.',PLOYER numerous questions from neighboring residents on the development details. A letter has been circulated in the vicinity of the development encouraging attendance at the City Council hearing on May 18, 1992 (a copy of the letter is attached). The Planning Commission conducted a preliminary plat hearing on April 2, 1992. The following motion was recorded in the minutes of the Planning Commission Meeting of April 2, 1992. A copy of the Planning Commission minutes are attached. MOTION BY ROSETH, SECOND BY ARNOLD, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE PRELIMINARY PLAT OF CARRIAGE HILLS WITH THE FOLLOWING RECOMMENDATIONS: THE PARK LOCATED SOUTH OF CARRIAGE HILL PARKWAY SHOULD CONTAIN A DEVELOPMENT PLAN THAT INCLUDES AN OFF-STREET PARKING LOT. A PROPOSED PARK DEVELOPMENT PLAN SHOULD BE ESTABLISHED FOR CITY COUNCIL REVIEW OF THE PRELIMINARY PLAT. THE TREE PLANTING REQUIREMENT OF THE SUBDIVISION ORDINANCE REQUIRES FOUR (4) TREES PER CORNER LOT. THE TREE PLANTING PLAN SHA~L BE AMENDED TO REFLECT THE CODE. THE DEVELOPER AND STAFF RESEARCH A METHOD WHEREBY A PLANTING PROGRAM MAY BE DEVELOPED ADJACENT TO COUNTY ROAD 21, ALONG THE NORTH PART OF THE PLAT TO PROVIDE A BUFFER TO THOSE LOTS. PROGRAM MUST BE WORKABLE AS PER COUNTY ROAD 21 IMPROVEMENT PLANS. 4. STORM WATER MANAGEMENT AND QUALITY PLAN DEVELOPED AND SUBMITTED ACCEPTABLE TO~- STAFF. 12.5 FEET OF ADDITIONAL RIGHT-OF-WAY FOR COUNTY ROAD 21. WETLANDS INVENTORY AND MITIGATION PLAN BE SUBMITTED ACCEPTABLE TO STAFF. RATIONALE BEING THAT THE PLAT IS CONSISTENT ~TH THE COMPREHENSIVE PLAN, ZONING AND SUBDIVISION ORDINANCE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Considerable public testimony was recorded indicating the following concerns: Lot size is too small. Precaution should be shown for erosion for that segment connecting Manitou Road to development. No lake access to Kopps Bay. Density is too high. Developer should have restrictive covenants. Subdivision design with respect to the three long streets in the western third of the plat. potential of roadway the subject The developer and City Staff also conducted a neighborhood meeting on March 10, 1992. Sixteen people attended the meeting. Much of the discussion centered around the issues referenced above. The issues relative to this plat can be divided into three distinct categories: Planning Commission contingencies, storm water quality requirements, and plat design of the straight roads. The principle reason Item 1 was included in the Planning Commission contingencies was, several members of the audience questioned park improvements, parking, and access. Prior Lake's ordinances require that the developer is responsible for land or cash dedication. All planning, design, and/or improvements are a decision of the City. Staff recommends that ~ark improvements and design issues, if important to the Planning Commission or neighborhood, should be resolved in a separate planning session or design manual and not as a condition of plat approval. Staff further recommends that the Council not include park design as a preliminary plat contingency. Historically, park improvement and design have been done with the Parks Department Staff and neighbors. This process occurs at a future point in the development of the subdivision. This assures the residents that they have input into the design of their neighborhood park. Parks Director Bill Mangan, concurs that off-street parking should be included in a future design and will discuss conceptual ideas for the park at the meeting. Item 2 has been resolved with a planting plan that meets code. Item 3 is addressed on the same plate via a row of plant material as buffer. Staff believes that improvements for purposes of buffering along County Road 21 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: should be postponed until the County Road 21 improvement project occurs. Any plant material introduced now will more than likely be destroyed at the time of construction. The other issues need to be worked on in greater detail, but are technical in nature and can be made contingencies to approval. (This action has precedence from the Woodridge Subdivision Technical contingencies). Please refer to the attached memorandum from Bruce Loney to Horst Graser. Storm Water quality is a new requirement via a state law that has resulted in considerable confusion at all levels of government. Staff has conducted an analysis and worked through the wetland protection laws with this plat. We have received the assistance of technical experts in this field. The developer is addressing the issues as best as possible. Although not formally adopted by the Council, Staff is using the Metropolitan Council National Urban Runoff Program (NURP) standards and MPCA's urban best management practices in evaluating the stormwater plans of this development. These guidelines are advocated by the Metropolitan Council in addressing the non-point source pollution issues. Several neighbors along with Staff have indicated concern over the three relatively straight streets in the western part of the plat. To mitigate the potential for higher speeds the developer has suggested median strips and paver crosswalks where warranted (see attached design for median strips). Five such strips have been suggested. One each for Blocks 1 and 2, 2 and 3, and three along the largest southerly road. Approve the preliminary plat subject to the Planning Commission contingencies 4, 5, and 6. Contingencies 1 and 3 should be reviewed in light of Staff's discussion in this agenda report. Approval should also be subject to Metropolitan Council review of the comprehensive plan amendment. Deny the application based on specific reasons. Continue the hearing for lack of information or detail with specific direction to the developer and or Staff. Staff recommends alternative number 1 Action depends on Council discussion. THE PROPOSED SUBDIVISION OF CARRIAGE HILLS IN PRIOR LAKE Progress Land Company, Inc. 14300 Nicollet Court, Suite 335 Burnsville, MN 55337 THE PROPOSED SUBDIVISION OF CARRIAGE HILLS BY PROGRESS LAND COMPANY, INC. INTRODUCTION CARRIAGE HILLS is a proposed subdivision abutting the east side of County Road 21 located one half mile south of County Road 42. The proposed subdivision derived its name from the proposed major collector street located near the northerly boundary of the project. The collector street, which is named CARRIAGE HILLS PARKWAY will serve as the major access point for the future residents of the area and will have a "Parkway" feel to it with divided medians, decorative lighting and abundant landscaping. The site has several significant features that will enable us to produce a high quality neighborhood, and yet still be affordable. The parkway to the north, the beautiful woods and pond near the southeast corner of the site, the rolling topography, and the five and one half acre park in the center of the project all combine to create an exciting place to live. While quality will always be a priority, I want to produce various housing opportunities that will be affordable to most people that will want to move into the Prior Lake area. Therefore we will be using the tag line "Affordable Excellence", which incorporates both priorities. I. PROJECT DATA The site contains a total of 96.59 acres and will consist of 223 lots. Which yields a gross density of 2.3 units per acre. Lot sizes range from 10,000 square feet to 20,570 square feet with the average lot size being 11,927 square feet. Parkland being dedicated consists of 9.18 acres in the southeast, 5.47 acres near the center of the project and several trail ways for a total of 16.52 acres. More additional data is shown on the preliminary plat. III. DESIGN FEATURES The design of the project required the study of several important considerations. One of the first tasks was determining the alignment of CARRIAGE HILLS Parkway. After several options were investigated, it was decided that the proposed curvelinear alignment near the north boundary was most appropriate. The most significant feature of the site, which therefore required close scrutiny, is the pond and wooded area near the southeast corner of the property. Our design protects the trees, steep slopes and pond in this area. The nine acres we will dedicate as parkland in this area will adjoin and be integrated with Raspberry Park. In addition, the plat includes a 200 foot strip of land on the street for public access and viewing to the park. The recently approved comprehensive plan amendment requires a five acre park in the north central portion of the project and a trailway to be provided along a North-South corridor from the five acre park to the extension of Raspberry Park. This will ultimately give hiking opportunities from the proposed park in the Vierling property to the North, through the five acre park and to the proposed trail system in Raspberry Park. In addition to these trails, the project includes trails that will allow walking access to the park for residents from either the easterly or the westerly directions. The abundant leisure and recreational opportunities that these parks and trails offer will enhance the high standard of housing we are proposing. Another site feature that requires attention is the group of trees and steep slopes located in block nine of the preliminary plat. The trees were included in the back yard of the lots abutting them making them very desirable lots. The last design issue we will address in this report is the impact of County Road 21. Due to the projected traffic increase, it was decided to have deeper than normal lots to provide a buffer. The length of the lots backing up to County Road 21 have therefore been increased between 50 and 100 feet. IV. NEIGHBORHOOD My experience has shown me that two very important ingredients in developing a quality neighborhood are having a variety of housing styles and having protective covenants. We will ensure a variety and balance of housing styles by having a major promotion event this fall, which will be discussed in greater detail later in this report. The project will include covenants that will require certain features on each house that will maintain an attractive neighborhood, but not be so restrictive as to be exclusive. The covenants will require such things as brick on the front of homes, minimum roof pitches and minimum homes sizes. There are other things we plan to do to enhance the appearance of the neighborhood. We will be constructing monuments at each entrance to the project that will be made with brick and will be surrounded by a variety of landscape materials. Decorative street lights will be used throughout the project and will be spaced approximately every 300 feet. All utilities including gas, electric, phone and cable will be buried underground. V. HOUSING The unique site features on the property lends itself to two distinctly different types and prices of housing. Approximately one fourth of the homes will have a value of over $150,000.00. These homesites will be in the most desirable area which is in the proximity of the Raspberry Park. These lots will consist primarily of two story homes, with many of them having rear walkouts on the basement level. The homes in this area will typically have fairly extensive landscaping and excellent curb appeal. The balance of the project will have homes priced from $110,000.00 to $150,000.00 with a few homes exceeding $150,000.00. These lots will primarily include split entry homes with some ramblers and two story homes. Each home will be required to sod the front and side yards and have two trees which will conform to the tree planting plan. VI. FALL HOME FESTIVAL The FALL HOME FESTIVAL is a major promotional event that will occur at CARRIAGE HILLS this fall. This event was started by my company last fall at a project in Lakeville and it proved to be very successful. It was attended by approximately 18,000 people over a four week period. The Festival consists of ten model homes, each carefully constructed by a different builder with an emphasis on innovative design. This event is unique in the industry in that it provides activities for children, free refreshments, a car give-away, and seminars related to home ownership. We expect the Festival to give a great deal of exposure to the City of Prior Lake and we encourage the city to assist us in making this event a success by providing materials that will show the benefits of living in Prior Lake. The Festival is scheduled to begin Saturday, August 15, 1992 and continue until Sunday, September 15, 1992. We are extremely excited about having the opportunity of attracting people from throughout the Twin Cities to view the model homes in CARRIAGE HILLS. VII. CONCLUSION I firmly believe that CARRIAGE HILLS is going to be a landmark neighborhood in Prior Lake. This will be the first neighborhood abutting a "Parkway" collector street. It will have parks and a trail system second to none in the city. It will have vistas of adjacent areas and a variety of housing styles. It will include moderate to higher priced homes with uncompromising quality. It will have what we refer to as "Affordable Excellence". ?RI SUBJECT: APPLI CANT: SITE ADDRESS: PRE S ENTER: PUBLIC HEARING: DATE: PLANNING REPORT PRELIMINARY PLAT OF CARRIAGE HILLS WARREN J. ISRAELSON SOUTHEAST OF INTERSECTION 21 and 42 HORST GRASER, DIRECTOR OF PLANNING X YES NO APRIL 2, 1992 INTRODUCTION/PROPOSAL Mr. Warren Israelson, the applicant, has submitted an application for preliminary ~lat approval for a 97 acre single family development consisting of 223 lots. The applicant has owned the property for five years during which he appeared before the Planning Commission and Council on several occasions with development related issues for the site. This application is submitted under Prior Lake Ordinance 87-10 (Subdivision Ordinance). SITE ANALYSIS HISTORY/BACKGROUND: The 97 acre subject parcel is the last undeveloped part of the Kopp farm, which at one time included Raspberry Ridge development and the Kopp's Bay lakeshore additions. The Kopp farm site including the home and several out buildings, although dilapidated, remains standing in the south center of the parcel. It is interesting to note that the farm site is located on the property's highest elevation and adjacent to significant natural features. Views over adjacent ponds, Prior Lake, and the Minnesota River Valley make this location desirable in spite of its long access drive from County Road 21. Approximately ten years ago the Chicago-Milwaukee-Saint Paul Railroad was abandoned leaving a 100 foot corridor to be merged with adjacent property. This corridor consumed about six acres of the site. Construction of the rail line resulted in some steep grades and rendered about 15 acres of land between the rail line and County Road 21 unsuitable for farming. PREVIOUS PROPOSALS: The developer came before the Planning Commission in 1989 with a comprehensive plan amendment and zoning change from industrial to residential use. The Council denied the request but commissioned a study to find alternative industrial sites in the community. The studies conclusion has since been adopted by the Council which recommended that the subject site be down zoned to single family residential. The developer was recently successful in amending the comprehensive plan and zoning ordinance to single family residential. The Metropolitan Council is currently considering the Comprehensive Plan Amendment. 4629 Dako:a St. SE.. Prior Lake, Minneso~:a 55372 / Ph. ,612; 447-4230 ,' Fax i612) 447-4245 PHYSIOGRAPHY: The parcel has about 70 feet of relief slop%ng from the southeast to northwest. Six wetlands contain or retain water depending on the amount of runoff or precipitation. The southeast corner and east side of the parcel contain natural features that will require the greatest development restrictions, but will contain the highest amenity lots. The design of this area must be sensitive and respectful of these neighborhood identifying natural features. A significant access point should be planned for the public to share these features. Also, roads and utility extensions should be closely analyzed for purposes of extensions to avoid development hardships of adjacent properties. Tree cover is limited to steep slopes found adjacent to the natural features in the southeast corner, along the rail line corridor, and the northern property line. Most of the steep slopes along the rail line corridor were man-made during construction of the rail line. The tree cover along this corridor is of poor quality consisting of volunteer elm, box elder, poplar, and aspen. The development strategy for the north and west parts of the site should be a north-south street orientation to take advantage of existing contours and reduce the amount of grading. A street pattern for the south-east and east parts of the site should minimize the impact on the natural features, capture view corridors, and avoid hardships to abutting properties. ADJACENT USES: The adjacent properties on the north, east, and west are vacant and used for farming or grazing of livestock. The property directly to the south is Raspberry Ridge Park which is also the northern boundary for the partially developed Raspberry Ridge Subdivision. Kopp's Bay addition which is a lower density lakeshore development makes limited contact with the subject site in the southeast corner. These two subdivisions are proposed to be connected via a local street in accordance to City policy. The lack of existing uses and/or unique development patterns will not require special design considerations or areas of transition. EXISTING CONDITIONS: There are five designated wetlands on the parcel in accordance with the Wetlands Conservation Act of 1991. This Act requires no net loss of wetlands. Any wetlands that are destroyed in the development process must be replaced elsewhere on the site or County. Carriage Hills Parkway is a collector road with no direct land access and forms the northern boundary of the development. Local road extensions to the north will be required at appropriate places. The property to the east has topographic limitations that require road extensions to serve isolated topographic features. County Road 21 which borders the property on the west was constructed with inappropriate vertical curves. Such construction makes it difficult to provide safe intersections in hilly areas such as Prior Lake. Raspberry Ridge Park is a linear park adjacent to the south of the development. Various access points must be incorporated in the design of the development. NEIGHBORHOOD ISSUES/IMPACT/CONCERNS: A neighborhood meeting was held March 10, 1992, at City Hall about two hours. The issues of concern were as follows: for Density - It was suggested that the density is too high and the developer reduce it by eliminating lots. Road Connection - It was suggested by several members present that a road connection from the development to Manitou Road was not in their best interest. 3. Storm Water Management - Concern was expressed over water quality, especially the receiving ponds in the southeast part of the plat. Wildlife system - That design consideration be given of the future park in this area for the preservation of wildlife systems. Design - Considerable discussion occurred relative to the western half of the development. Specific issues included the potential for high speeds, monotony, and repetitive house styles. DEVELOPMENT SUMMARY: The pr?pert~ is zoned R-1 Single Family Residential. The minimum lot size is 10,000 square feet and 80 feet on a public road measured at the setback line. Corner lots must be 20% larger. A 10% park dedication is required. Unusually steep or marshy land will be discounted in accordance to a formula found in the park comprehensive plan. The permitted density is 3.5 units per acre with a maximum lot coverage ratio of 18%. A minimum of one boulevard tree and one front yard tree will be required both of which must be at least 2.5 inches in diameter measured at ground level. A minimum of 4 inches of topsoil must be spread over the boulevard, front, and side yard, and the same sodded. Ail lots must have access from a local street with the exception of Carriage Hill Parkway which is a collector and is not permitted direct land access. Ail housing units must be constructed with one of the following: 1. Single level of living space plus basement. 2. Two levels of living space. 3. Single level of living space plus storage or garage of 330 square feet. The subject property contains 96.59 acres. Of that, 19.12 acres are streets and 16.52 acres is parkland. The proposal contains 223 lots for a net density of 2.31 units per acre (U/A). 9y the way of comparison Raspberry Ridge is 1.46 U/A, Windsong is 1.13 U/A, Brooksville 6th is 2.43 U/A, Sand Pointe is 2.66 U/A, and the Willows is 1.88 U/A. COMPREHENSIVE PLAN REQUIREMENTS: The comprehensive plan as recently amended requires that the ?arcel be developed as low density residential. Policies 1 - 6 in the Natural Features Section deal with dredging, filling, wetlands, slopes, pedestrian links, and wildlife habitat. A north-south pedestrian trail connecting Raspberry Park with a future park north of the subject development is required to connect the park and open space system. The No Net Lost Wetland Bill requires a wetlands inventory (wetlands to be shown on the survey) and a mitigation plan in the event there is a loss. County Road 21 is classified as an arterial with restricted access. An access permit must be obtained from the County High~ay Engineer. The traffic element of the comprehensive plan requires an east-west collector facility along the northern edge of the development. There shall be no direct land access to collector streets. All local roads shall contain 50 feet of right-of-way. The park dedication requirement formula found in the park plan. as part of this development. is 10% of land based on a A neighborhood park is required DEVELOPMENT ANALYSIS: The developer has done a good job minimizing grading and filling by designing roadways that take advantage of natural grades. Unfortunately this has resulted in three rather long and straight streets in the western half of the plat. Staff has suggested that a raised median and crosswalk with plant material may mitigate the situation. The developer has suggested he would like to install such improvements where park trails intersect with streets as in Blocks 1, 2, 3, 5, 6, and 7. There are several areas of steep slopes which according to this design will become building pads. However, these slopes were either man-made at the time the rail line was constructed or isolated tilled slopes of just over 20%. The steep slopes and two ponds in the south-east are being dedicated as park land. A pedestrian trail system will be incorporated from Raspberry Ridge Park to the neighborhood park in this development and eventually extend north when development warrants it. The outlots in Blocks 2, 3, and 6, are walkways to access parks and open space. Although the developer has dedicated 16.5 acres of parkland, he is still about .75 acres short of the requirement (attached please reference a memo from Bill Mangan, Park Director). A major requirement that has not been completed is a wetlands inventory and mitigation plan. The location of the wetlands should be accurately reflected on a survey of the parcel. In this case a mitigation plan is also required since one of the wetlands will be lost to development. Along with the State of Minnesota No Net Loss Wetland Bill, is a Metropolitan Council requirement that requires local communities that are tributary to the Minnesota River to have a water quality component in their comprehensive plans. Cities have until June 1 to comply. Until recently, Prior Lake has only dealt with storm water quantity and not quality. This development will be the first to undertake storm water quality through proper ponding, flow restrictions, and the creation of sedimentation ponds. At the time this memo was prepared, the storm water plan was not completed. If additional ponds are required it will change the design of this subdivision. For additional detail please refer to the attached memorandum from Larry Anderson, Public Works Director. The southern access point to County Road 21 is not safe due to short sight lines. A temporary access has been suggested over Lot 2, Block 1, until County Road 21 is reconstructed and its vertical curves are improved. Carriage Hills Parkway has adequate sight lines at County Road 21 and is proposed to be constructed in 1993. The developer has provided extra depth for lots in Block 1 due to the negative impact of County Road 21. The County Engineer has requested an additional 12.5 feet of right-of-way for County Road 21 which should be dedicated as part of this plat. Staff has requested a street connection be planned between the subject ~arcel and Manitou Road. This connection will greatly benefit the future development of the adjacent Vierling property. The tree planting plan that is attached is deficient. Corner lots have two fronts each of which requires two trees. The planting plan indicates trees for only one front on corner lots. STAFF RECOMMENDATION: The preliminary plat is deficient in a number of areas primarily in the areas of engineering detail for the installation of utilities. Although both the Park and Engineering Departments have established deficiencies which may change the design of the plat. Deficiencies include: 2. 3. 4. 5. 6. Park dedication requirement Tree planting plan Storm water management and quality plan Street profiles Additional right-of-way for County Road 21 Wetlands inventory and mitigation plan Staff recommends that public testimony be taken and the discussion of items occur. However, the hearing should be continued until the applicant can satisfy all the requirements of the ordinance. PLANNING COMMISSION MINUTES APRIL 2, 1992 The April 2, 1992, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wuellner, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita $chewe. Commissioner Wells was absent. Commissioner Roseth arrived at 7:50 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus and Arnold. Commissioner Wuellner abstained as he was not present at the previous meeting. MOTION CARRIED. ITEM II - CURT MOEN - VARIANCE Deb Garross informed the Commissioners that the Moen variance had been removed from the agenda by City Manager Unmacht. The applicant wishes to discuss the application further with Staff to determine if a variance is needed. The property owners will be notified if necessary. Discussion followed on the retreat agenda items, building activity, development activity, and the progress of the proposed Super Valu Grocery Store. ITEM III - TRACY VAN DEN BERG - VARIANCE Tracy Van Den Berg, 15629 Highland Avenue N.W., stated they are requesting a 5 foot east side yard variance to construct a single family home at 4991 Beach Street. Bob Banitt, contractor for the applicant, presented information regarding the house and the subject site. Deb Garross presented the information as per memo of April 2, 1992. The lot is not a substandard lot, but is relatively low near Beach Street with a knoll adjacent to the lakeshore. There 4629 Dakota St. S.E_ Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 2 were no objections from DNR. The house could be built without any variances, however, the home would be out of line with the rest of the existing houses and the view of the lake would be obstructed by the knoll near the lakeshore. Section 9.3E 2, permits the use of setback averaging for the subject site. In this instance the setback average of adjacent homes is 63 feet from the 904 contour line. If the home were constructed to c~mply with all required setbacks, the knoll would obstruct the view of the lake from the house. Staff's recommendation is to deny the 5 foot variance and approve a 2.5 foot east yard variance. Comments from the Commissioners were on; tree removal, drainage, easement, and were supportive of the amended variance. MOTION BY ARNOLD, SECOND BY WUELLNER, TO APPROVE A 2.5 EAST SIDE YARD VARIANCE FOR 4991 BEACH STREET RATIONALE BEING THAT IT IS A MINIMUM AMOUNT OF DEVIATION, IS WITHIN THE SPIRIT AND INTENT OF THE ORDINANCE, HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SUBJECT SITE AND THE VARIANCE WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Arnold, Wuellner, Loftus, and Roseth. MOTION CARRIED. ITEM IV - LEON KRUEGER - VARIANCE Leon Krueger, 16850 Willow Lane, contractor representing the property owner Kathy Gensmer, stated they are requesting a 4.4 foot north side yard variance and a 14 foot lakeshore variance for 3171 Linden Circle in order to construct a new single family residence. Deb Garross presented the information as per memo of April 2, 1992. There are no previous proposals on file for this site, however, a controversial variance application for Paragon Homes was issued in 1990 for the adjacent Lot 50 which was granted variances by the Planning Commission and the City Council after much deliberation. Staff recommends that the neck of the driveway be reduced at the property line to preserve two large oak trees. There were no objections from DNR. A letter from Sue Nielsen objecting to the side yard variance was received. Also received was a letter containing the names of Barry & Trivia James, Harry & Leslie Maudsley, Herb & June Lemke, Rich & Sheryl Wilfong, Peter Kuehn, Cal& Marge Ells, Dean & Kay Sutliff, and Bill & Mary Lindstrom, voicing their objections to the proposed variances. Staff recommends that a new easement be s~gned indicating the correct location of the existing sewer lines, the 4.4 foot north side yard variance be approved and the 14 foot lakeshore variance be denied. Staff would recommend a 10 foot lakeshore variance with the conditions listed in the Staff report. Kathy Gensmer, 16989 DeWitt Ave. SW, disagreed with moving the house toward the road. She explained that her view of the lake PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 3 would be obstructed and that her request for a 14 foot lakeshore variance was reasonable considering adjacent Lot 50 received a 25 foot lakeshore and a 5 foot front yard variance. Mike MacKany, 3175 Linden Circle; Dean Sutlief, 3162 Linden Circle; Triva James, 3147 Linden Circle; and Harry ~audsley¢ 3189 Linden Circle, voiced their objections citing grading, drainage, destruction of the private road during construction, tree removal, parking concerns, driveway location, and design of the house. Comments from the Commissioners were on relocation of the house, drainage, tree location, reversing the house plan, supporting a lesser variance, and reducing the size of the garage. Larry Anderson, City Engineer, presented information regarding the elevation of Lots 48, 49, and 50, stating that the grade of the lot necessitated that the house be placed in the lot as designed. MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE A 2.5 FOOT NORTH SIDE YARD VARIANCE AND A 14 FOOT LAKESHORE VARIANCE FOR 3171 LINDEN CIRCLE SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE NECK OF THE DRIVEWAY BE REDUCED NEAR THE FRONT PROPERTY LINE IN ORDER TO RETAIN THE TWO EXISTING TREES. 2. THE APPLICANT PROVIDE A NEW EASEMENT, AS REQUIRED BY THE CITY ENGINEER, TO COVER THE EXISTING SANITARY SEWER LINE LOCATED NEAR THE SHORELINE. RATIONAL BEING THE SUBJECT SITE IS A SUBSTANDARD LOT, SIMILAR VARIANCES HAVE BEEN GRANTED WITHIN THIS NEIGHBORHOOD, AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. AN AMENDMENT TO THE MOTION WAS MADE TO CHANGE THE GARAGE FROM 28 FEET WIDE BY 24 FEET DEEP TO 28 FEET DEEP BY 24 FEET WIDE, THEREBY REDUCING THE NORTH SIDEYARD VARIANCE TO A .5 FOOT VARIANCE WHICH WAS AGREEABLE WITH THE APPLICANT. Vote taken signified ayes by Roseth, Wuellner, Arnold, and Loftus. MOTION CARRIED. Recess called at 9:00 P.M. P.M. The meeting was reconvened at 9:12 PUBLIC HEARING-WARREN ISRAELSON-CARRIAGE HILLS PRELIMINARY PLAT The Public Hearing was called to order at 9:12 P.M. by Chairman Loftus. The public was in attendance. Warren Israelson, owner and developer of Progress Land Company, presented the proposed preliminary plat of Carriage Hills. The site consists of approximately 97 acres with some wooded areas and some wetland areas. Mr. Israelson showed the location of the lots, streets, and ponds. There are 16.52 acres of parkland with trailways. The prices of the homes ~roposed to be built range from $130,000 to $200,000. Protective covenants will be implemented and house styles will be varied. There will be 223 PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 4 lots for a gross density of 2.3 units per acre which is less than the 3.5 units per acre permitted by the Zoning Ordinance. The Fall Home Festival is a promotional event proposed for this fall and the applicant hopes to have several models built by early August. Horst Graser presented the information as per memo of April 2, 1992, giving the various definitions on the Site Analysis as listed in the memo. The developer was recently successful in amending the comprehensive plan and zoning ordinance. The Metropolitan Council is currently considering this amendment which will conclude in early June. The topography of the area offers a very impressive vista of the adjoining countryside. The p~ope~ty is zoned R-1 Single Family Residential. The minimum lot slze is 10,000 square feet. The permitted density is 3.5 units per acre with a maximum lot coverage of 18%. A 10% parkland dedication is required. Staff has no major objections to the design that has been submitted by the applicant because it is consistent with Prior Lake Zoning and Subdivision Ordinance and Comprehensive Plan. Larry Anderson, City Engineer, gave a brief summary on the wetlands located on the site, storm water and water quality, and drainage. Bill Mangan, Parks Director, explained the reasoning for ~ark dedication. The Parks Department is pleased with the design, open space, and park trails shown in the proposed subdivision. The park dedication requirement has been satisfied as proposed in the preliminary plat. E.K. Whiting-14897 Manitou Road, objected to the proposed lot size and had questions on the wetland and Metropolitan Council reply. Don Abrahms-14877 Manitou Road, wanted clarification on the extension of the road to Manitou Road. The Abrahms suggested that the street not be improved or that erosion control such as a temporary cul-de-sac be installed to prevent erosion in the Manitou Road area in the interim between when Carriage Hills develops and adjacent property by Leo Vierling develops. Lindy Larson-15079 Manitou Road, questioned possible lake access and style of houses built. Ted Kowalski-3975 Hidden Pond Trail, was in support of the proposal and feels that Prior Lake needs growth. Additional families will support the schools and tax roles. Brad Wahl-14954 Timberglade Circle, stated he is not in favor of small lots and that Prior Lake can not afford it. Darcie Klien-14950 Timberglade Circle, wanted to know what the restrictive covenants will be. Paul Erickson-4112 Hidden Pond, wanted larger lots in the development. Jim Halleck-14869 Manitou Road, supports the development but would like to see the two lots at the end of Manitou made into outlots until the adjacent Vierling property develops. Comments from the Commissioners were on: type and style of house designs, tree planting, landscaping, parks, proposed covenants, entrance structures, storm water management, preliminary plat definition, landscaped traffic dividers proposed by the applicant PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 5 to slow traffic, lot requirements are met, neighborhood associations, County Road 21 planting, housing opportunity for Prior Lake, parking for Carriage Hill Park, sidewalks, and impact to the City. Kathleen Abrahms-14877 Manitou Road, was concerned about Vi·fling property and cattle and what protection would he have. Larry Anderson stated that Mr. Vierling agreed to sell part of his property to construct a ponding area and Carriage Hill Parkway. The public was informed that the issue of potential future trespassing on private property would be a civil matter and did not pertain to the subdivision issue at hand. Mr. Graser advised the Commissioners that there is an architectural ordinance in force for Prior Lake that precludes development of repetitive house.designs and the Carriage Hills plat is consistent with the City Comprehensive Plan and met the obligations of the Zoning and Subdivision Ordinance. Therefore the Staff recommends approval of the preliminary plat subject to the conditions outlined in Staff's memo. MOTION BY ROSETH, SECOND BY ARNOLD, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE PRELIMINARY PLAT OF CARRIAGE HILLS WITH THE FOLLOWING RECOMMENDATIONS: THE PARK LOCATED SOUTH OF CARRIAGE HILL PARKWAY SHOULD CONTAIN A DEVELOPMENT PLAN THAT INCLUDES AN OFF-STREET PARKING LOT. A PROPOSED PARK DEVELOPMENT PLAN SHOULD BE ESTABLISHED FOR CITY COUNCIL REVIEW OF THE PRELIMINARY PLAT. THE TREE PLANTING REQUIREMENT OF THE SUBDIVISION ORDINANCE REQUIRES FOUR (4) TREES PER CORNER LOT. THE TREE PLANTING PLAN SHALL BE AMENDED TO REFLECT THE CODE. THE DEVELOPER AND STAFF RESEARCH A METHOD WHEREBY A PLANTING PROGRAM MAY BE DEVELOPED ADJACENT TO COUNTY ROAD 21, ALONG THE NORTH PART OF THE PLAT TO PROVIDE A BUFFER TO THOSE LOTS. PROGRAM MUST BE WORKABLE AS PER COUNTY ROAD 21 IMPROVEMENT PLANS. STORM WATER MANAGEMENT AND QUALITY PLAN BE DEVELOPED AND SUBMITTED ACCEPTABLE TO STAFF· 5. 12.5 FEET OF ADDITIONAL RIGHT-OF-WAY FOR COUNTY ROAD 21. WETLANDS INVENTORY AND MITIGATION PLAN BE SUBMITTED ACCEPTABLE TO STAFF. RATIONAL BEING THAT THE PLAT IS CONSISTENT WITH THE COMPREHENSIVE PLAN, ZONING AND SUBDIVISION ORDINANCE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. Discussion followed on restrictive covenants and Mr. Graser advised the commissioners that the City has no authority to require restrictive covenants. PLANNING COMMISSION MEETING MINUTES APRIL 2, 1992 PAGE 6 Vote taken signified ayes Roseth, Arnold, Wuellner, and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Roseth, Arnold, Wuellner, and Loftus. MOTION CARRIED. Public Hearing closed at 11:25 P.M. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADJOURN THE MEETING. Vote taken signified ayes Loftus. MOTION CARRIED. Meeting closed at 11:26 P.M. Horst W. Graser Director of Planning by Roseth, Arnold, Wuellner, and Tapes on file at City Hall. Rita M. Schewe Recording Secretary INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: ,HORST GRASER, DIRECTOR OF PLANNING BRUCE LONEY, ASSISTANT CITY ENGINEER CARRIAGE HILLS PRELIMINARY PLAT REVIEW MAY 13, 1992 The purpose of this memorandum is to list the review comments for the Carriage Hills preliminary plat prior to the May 18, 1992 Council Meeting. My comments are as follows: STREETS The access to the plat will be off of CSAH 21. The developer needs to verify the temporary road access location with the County in order to provide a safe sight distance intersection· When permanent improvements are made to CSAH 21 in the future, the temporary road access can be relocated to the permanent street location as shown on the plat. Preliminary comments from the County Highway Department have indicated the temporary access connection at Lot 2, Block 1 would be acceptable. The developer needs to address the County's request for additional right-of-way for CSAH 21. The developer has shown the requested 75 feet right of way along CSAH 21 except for Lot 1, Block 6 where only 60 feet right of way is shown. Carriage Hills Parkway (Carriage Hill Road) is an east/west collector street which will provide access to CSAH 21 and CSAH 42 from this area to Sand Pointe. It is proposed that Carriage Hills Parkway be a four (4) lane curvilinear parkway, with grass median, sidewalk, bikeway, trees, and landscaping· No individual lot access will be provided to Carriage Hills Parkway· The City is in the process of adopting a Street Collector Fee to fairly distribute the costs of collector streets and to extend MSA dollars. In preliminary discussions with the developer, he is amenable to a Street Collector Fee. A portion of Carriage Hills Parkway is on the Leo Vierling parcel. The Street Collector Fee and/or MSA dollars could be used for ROW acquisition for Carriage Hills Parkway. Discussions on property acquisition between the developer and Mr. Vierling have occurred for the ponding area and the future Carriage Hill Parkway. The developer is pursuing an agreement with Mr. Vierling and hopes to have an answer by the next Council Meeting. 4629 Dakota St. S.E.,Prior ~ke, Minnesota55372 / Ph.(612)~7-4230 / ~x(612) 447-4245 ~ EQUAL OPPO~UNITY ~P~YER Cross sections for Carriage.Hills Parkway should be drawn utilizing the profile submitted to determine the roadway construction impact to the Vierling parcel. Cross sections have been submitted on May 5, 1992 and Staff has asked for additional information from the developer. The right-of-way width for Carriage Hill Parkway should be 105 feet and should be drawn on the plat. Staff would like to have the Developer stake the lot corners for Lots 9, 10, & 11, Block 7, in order to see the best location and to minimize the impact on the site for the sanitary sewer location. 7. The developer should resolve the proposed cul-de-sac between Blocks 11 & 12 with Leo Vierling. Lots 7, & 8, Block 13, should not be platted until the street can be connected with Manitou Road. The concern is that the adjacent street and storm sewer needs to be constructed to develop these lots and a portion of the street will be on Leo Vierling's property. The street medians to be constructed at certain intersections should be shown on a plan view drawing to indicate the locations of the medians on the plat. 10. Review moving Lot 9, Block 4, to the west and relocating the park entrance for storm sewer emergency overflow protection or move the low point of the street. WATERMAIN Water service to the plat will be provided from Manitou Road and an extension from Raspberry Ridge along CSAH 21. The watermain extension along CSAH 21 will be a sixteen (16) inch trunk and will be extended through the plat on "F" Street. The oversizing cost and the extension from Raspberry Ridge will be paid by the City. The developer will pay a Trunk Sewer and Water Fee which will offset the City's expenditure. SANITARY SEWER Sanitary sewer service will come from the MWCC Interceptor on the Jeffer's parcel to the west and the line immediately north of Manitou Road. The extension from the MWCC line will be paid by the City to the edge of the plat. The cost of this will be offset by the Trunk Sewer and Water Fee collected from the developer. Easement for the sanitary sewer line on the Jeffer's parcel needs to be prepared by the developer with the cost of the easement to be the responsibility of the City as a Trunk Reserve cost. WETLANDS The developer has submitted a Wetland Identification and Delineation Report by Barr Engineering and has submitted a preliminary grading plan with wetland replacement shown. The Wetland Technical Evaluation panel consisting of Bruce Sandstrom (BWSR), Pete Beckius (SWCD), and Bruce Loney (City of Prior Lake, has inspected the site and a memorandum has been prepared and attached as to the wetland replacement plan for this plat. The developer needs to survey the topography of Wetland #4 in Block 9 and provide a drawing showing the current elevations. Wetland #4 currently has no open water and it was discussed with the developer to route the storm sewer system into this wetland versus the wetland in the park. In order to provide water quality and to provide house pad protection from 100 year storm events, it was suggested to excavate the wetland area to a depth of three (3) to four (4) feet. This excavation would create an open water area which would allow the sediment and pollutants to settle out. The outside perimeter of trees would still remain around the open water area. Preliminary discussions with Bruce Sandstrom and Pete Beckius have concurred that this activity would enhance the wetland and is allowed in the interim period guidelines. The developer needs to submit a construction plan and perhaps have a soil boring done in this area to determine if a clay liner needs to be incorporated in the design. Drainage storage volumes of the proposed ponds along the north edge of the plat need to be calculated and compared to the MPCA's water quality standards for a stormwater quality pond. Se Easements for 100 year storm events around wetlands or ponds need to be provided by the developer and incorporated into the plat. House pad elevations on Lots 7 and 8, Block 9 may need to be raised from 930 to three feet above the 100 year flood elevation from the nearby wetland. The developer needs to meet with the County Department and ask for approval on the ponding of Wetland #1 by CSAH 21. A meeting has been held County and an official letter is being formulated County's response to this request. Highway water on with the with the The developer needs to complete a Stormwater and Water Quality Plan which addresses the Metropolitan Council's concerns in order to obtain a Comprehensive Plan Amendment. GENERAL COMMENTS The major item that the developer needs to resolve is the land acquisition for ponding from Leo Vierling. Additional area then what is shown on the current grading plan may be needed depending on the drainage calculations for permanent pool volume and sediment volume as per the MPCA's Protecting Water Quality in Urban Areas manual. The developer has not submitted ponding calculations for determining the correct sizing of the ponds. The Storm Water Quality Plan needs to accelerate the Metropolitan Council's Comprehensive Plan Amendment. The other addressed by the developer and perhaps contingent to final plat approval. be prepared to review of the items should be could be made (MEMO14) COUNTY ROAD NO. 21 160947 S1'03'44"W EAGLE CREEK AVE. -<~m m N 1'42'59"W 218.7'6 S 1'42'59" W .M._ I / / / / f'rl Z :::0 .-< COUNTY ROAD NO. 2l _ . ~ "%',,~, 1609 47 S 1'O5'44' W EAGLE CREEK AVE. 9 m 145 80 N 1'42'59" 2i8 76 S 1°42'59" W i Z I I 609 COUNTY ROAD NO. 21 EAGLE CREEK AVE L. Z 0 HELLO NEIGHBOR! Please review the attached petition which we plan to present to the City Council at the May 18th meeting. If you agree with this position, there are two actions you can take to help this cause: l) 2) Return signed petition to GREG LARSON, 15079 MANITOU RD. (drop in street mailbox by WEDNESDAY, MAY 6). Attend the City Council Meeting where they will discuss this project. · May 18 8:30 P.M. PRELIMINARY PLATT FOR CARRIAGE HILLS SUBDIVISION Your efforts will ensure that we remain proud of our neighborhood and Prior Lake overall. ~I&GB RILLB DBVF, LOPHE~T ClTISENB CONCB~Ji Your Honor the Mayor and Honorable City Council Members, we the undersigned neighbors to the proposed Carriage Hills Development on County Road 21 north of Raspberry Ridge, have some grave concerns about the impact to our community. The proposed development has virtually minimum allowable park land set aside and virtually the maximum number of lots allowable by law. This apparent commitment to "cheapness" and the Developer's statement that he wants to sell the lots as quickly as possible, raises great fears that we and the City of Prior Lake will get yet another low cost area with a perpetual unfinished and somewhat distressed look. We feel that Prior Lake has enough of these "tired areas", and this is a landmark opportunity to decide what the Prior Lake of the future will look like. This northwest quadrant of the city is the most scenic, open and undeveloped part remaining. At the present time, it's housing character is identified with it's closest neighbors, Raspberry Ridge and Manitou Road, as well as other newer developments in the area such as Windsong, Martinson Island, and Crystal Bay. We are concerned that how this 97 acre tract is developed so goes the entire quadrant, the remaining undeveloped land in Prior Lake, and thus the "image" of Prior Lake. If Prior Lake loses this "specialness", what have we got besides high taxes, questionable schools, and a long commute to work and shopping? We are concerned about the easy access of 223 families across Mr. Vierling's farm to the already over crowded Kopps Bay. This unhampered access will likely be formalized with a lakeside park someday, according to Mr. Horst Grazer. We are concerned about houses close together on straight streets that will give this area an urban look, out of character with its surroundings. You, the members of the City Council, have the only influence on what the future development of Prior Lake will look like. This Developer's vision does not go beyond the greatest return on his investment. It is your responsibility to maintain a vision of good planning principles and attractive neighborhoods that best serve the total community. Now is the time to determine the future of Prior Lake. We request that you do not approve this development until the Developer increases average lot sizes and documents structure covenants that compliment those of the newer surrounding neighborhoods. We respectfully request your positive consideration of this petition for the good of our neighborhoods, the northwest quadrant, and the future of Prior Lake. NAME: SIGNATURE: ADDRESS: Property Owner.. Progres. s Land Company.,, ..Inc. l~one: 435-_3_1.15 Address: 14300 NlColiet Court S.u~te 335._~' Burnsvtlle" MN 553]37 Subdivider: Pr'o~'ress Land Company. Inc. ~ne: 435-3115 ' ' Nklress: 143UU NlCO'ttet, ,Co,urt,,~ SuiTe ~b,, b~d~'-hsviiie,, mN'5~J3i Acjent: , Warren ,J. ,I~',r'~els, o,n, , ,, .... Phone: 435-3ii5 Name of Surveyor: Name of ~gineer: Proaress Enainerrln0 ~hone.. 435-31 P~'n0~'=$~ Fnn. J ne~'~'J no Phorte: 42.~-211~ Leqal Description of Property: See Attached Pre~nt Zon/ng: R-1 Property Acreage: _ 96.54 Acres Deed Restrictions: No X Yes If so, please attach. ~s the Applicant pr~iously sought to plat, r~one, obtain a variance or conditional use permit on the subject site or .any [art of it: No , Yes' X., What was requested: Rezon],n9 ~en:1989 & Recentlx I h~e ~ead t~ Prior ~ke Subdivision (~din~ and agr~ to pr~i~ the infgrimation ~nd/do,be work in accordance with the pr(wisions of the ordinance. ~_)A~ ~/~ ......... ~/~/,~ '. . ~, . ,~.. ~'~ .,~,~, ~.. _ .,, ~ 7~ 7~ ,~. ,, Fee O~ne~S $~gnature ])ate · ' 'mzs s~c'rz~"~o ss i~mz, m msy ~s ~ Dz~,m-ro~ ~ OF B~ DAT~ O~ HFAR..T~ (I)NDITIONS: Si~atUre of the Pian. i~g 'Director Date C,~I&~E HILL~ DEVELOP~F, NT CIT~'ZEN~ CONCERN Your Honor the Mayor and Honorable City Council Members, we the undersigned neighbors to the proposed Carriage Hills Development on County Road 21 north of Raspberry Ridge, have some grave concerns about the impact to our community. The proposed development has virtually minimum allowable park land set aside and virtually the maximum number of lots allowable by law. This apparent commitment to "cheapness" and the Developer's statement that he wants to sell the lots as quickly as possible, raises great fears that we and the City of Prior Lake will get yet another low cost area with a perpetual unfinished and somewhat distressed look. We feel that Prior Lake has enough of these "tired areas", and this is a landmark opportunity to decide what the Prior Lake of the future will look like. This northwest quadrant of the city is the most scenic, open and undeveloped part remaining. At the present time, it's housing character is identified with it's closest neighbors, Raspberry Ridge and Manitou Road, as well as other newer developments in the area such as Windsong, Martinson Island, and Crystal Bay. We are concerned that how this 97 acre tract is developed so goes the entire quadrant, the remaining undeveloped land in Prior Lake, and thus the "image" of Prior Lake. If Prior Lake loses this "specialness", what have we got besides high taxes, questionable schools, and a long commute to work and shopping? We are concerned about the easy access of 223 families across Mr. Vierling's farm to the already over crowded Kopps Bay. This unhampered access will likely be formalized with a lakeside park someday, according to Mr. Horst Grazer. We are concerned about houses close together on straight streets that will give this area an urban look, out of character with its surroundings. You, the members of the City Council, have the only influence on what the future development of Prior Lake will look like. This Developer's vision does not go beyond the greatest return on his investment. It is your responsibility to maintain a vision of good planning principles and attractive neighborhoods that best serve the total colmmunity. Now is the time to determine the future of Prior Lake. We request that you do not approve this development until the Developer increases average lot sizes and documents structure covenants that compliment those of the newer surrounding neighborhoods. - We respectfully request your positive consideration of this petition for the good of our neighborhoods, the northwest quadrant, and the future of Prior Lake. ADDRESS: S I GNATURE: AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: 9 HORST GRASER, ASSISTANT CITY PLANNER SECOND CONSIDERATION OF VARIANCE APPEAL CROWN COCO, INC. MAY 18, 1992 FOR The City Council held a hearing on March 16, 1992 to consider a variance application for Prior Lake EZ Stop. See attached agenda report and minutes relative to the March 16th meeting. The representative for EZ Stop is Mr. David Miller of Crown CoCo, Inc. The applicant requested the City Council to approve the following variances: An eight foot front yard variance from S.T.H. 13 right-of-way; a twenty-one square foot sign area variance to allow continued display of a ninety-six square foot, freestanding sign and a request for variance from Sign Ordinance 83-5, Section 5-7-4B3 to allow two freestanding signs on the site where only one freestanding sign is permitted. The Planning Commission denied the variance application, finding no hardship present to justify granting variances. See attached Planning Commission minutes for reference to this item. The City Council continued discussion of this item for a period of sixty days in order to allow the applicant the opportunity to develop a proposed master sign plan that takes a future proposed canopy addition into account. No contact was made to staff, by Crown Coco. Staff contacted Brad Gunn, attorney representing Crown CoCo, on April 29, 1992, who stated that he would would contact Crown Coco to advise them to submit a proposal. Staff did not hear from Crown CoCo until Monday, May 11, 1992. An appointment has been established to meet with Dave Miller however, the results of that meeting will not be available prior to the City Council agenda deadline. Staff will report the result of the meeting at the City Council hearing on May 18, 1992. 4629 Dakota St. S.E., Prior Lake, MinnesoTa 55372 / Ph. (612) 447-4230 / Fax (612~ 44L4245 A.'~ EQL'AL OPPORTUNITY EMPLDYE~. ALTERNATIVES: RECOMMENDATION: Uphold the decision of the Plagning Commission to deny the variance application due to lack of a demonstrated hardship. Table this item for additional research and/or to process a new application which is acceptable to the City Council. Find that the hardship tests Zoning Ordinance can be met, by circumstances, and approve the application. of the specific variance The staff recommendation will be presented to the City Council at the hearing. The recommendation will take into consideration the new proposal submitted by Crown CoCo. ACTION REQUIRED: Will vary based on Council discussion. Mlnu~es of the Prior Lake City Council March 16, 1992 All existing non-conforming buildings removed. on the site be A utility easement be granted for service lines to Tract B, that encroach over Tract A or: the lines be abandoned and new lines installed entirely on Tract B, at the expense of the applicant. Five foot drainage and utility easements be granted adjacent to all boundaries of each tract, as required by the City Engineer. 4. The applicant grant an easement to the owner of adjacent Lot 4, for driveway access or require that the dr~.veway be relocated entirely upon Lot 4. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Continuation of Cable Television Franchise Transfer Publ%c Hearing. City Manager Unmacht stated that all material required to process the Franchise Transfer has recently been submitted and is now being evaluated by staff. Staff recommends that the public hearing be continued until 8:00 p.m. on April 6, 1992. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO CONTINUE THE PUBLIC HEARING ON THE CABLE TELEVISION FRANCHISE TRANSFER UNTIL APRIL 6, 1992 AT 8:00 P.M. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Consider Variance Appeal for Crown CoCo, Inc. City Manager Unmacht commented briefly on the purpose of this agenda item and introduced Bradley Gunn, representative of Crown CoCo, Inc., who addressed the Council on his client's behalf. Horst Graser presented an overhead of the signs currently being displayed in front of the Crown CoCo, Inc. store on Highway 13 and Franklin Trail. A short recess was called for the purpose of reviewing information given to the Council by Mr. Gunn just prior to the meeting. The meeting reconvened at 8:48 p.m. Mr. Gunn again addressed the Council with regard to the dates the signs were erected and some changes they had made to the signs. Extensive discussion occurred by Councilmembers regarding the changes{ possible removal of the price signs, amortization, sign permxt fees, the current sign ordinance and equitable enforcement of the ordinance. The idea of possible canopy improvements to the site were discussed by Mr. Gunn. Further discussion occurred on non-conforming use, the impact of the canopy improvements on the issues before the Council and the possibility of working out a resolution of this issue with Crown Coco, Inc. Discussion occurred on the contents of any resolution with Crown CoCo, Inc. with respect to compliance with the ordinance. Minutes of the Prior Lake City Council March 16, 1992 MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO TABLE FOR 60 DAYS AND DIRECT STAFF TO ANALYZE THE ISSUE IN VIEW OF POSSIBLE CANOPY IMPROVEMENTS AND SEEK OUT A RESOLUTION WITH THE OWNER AFTER CONFERRING WITH THE CITY ATTORNEY ON ALL LEGAL ASPECTS OF THIS APPLICATION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY WHITE, SECONDED BY KEDROWSKI , TO ADJOURN FOR THE PURPOSE OF CONDUCTING AN ECONOMIC DEVELOPMENT AUTHORITY MEETING. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, an4 White, the motion passed unanimously. Mayor Andren called the Council meeting back to order at p.m. scott 9:46 MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO AFFIRM THE ECONOMIC DEVELOPMENT AUTHORITY'S ACTION ON THE OPTION AGREEMENT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Topics discussed under Other Business are as follows: Staff announced that the annual Scott County Transportation Coalition meeting would be held on Thursday, March 19 at the VFW. The meeting will begin at 6:30 p.m. -- City Manager Unmacht commented on to be held on May 4, 1992. the Equalization Meeting Discussion occurred on the D.D. Cable Partners Franchise information to be received and Councilmember White suggested that all members read the article in the Star Tribune on cable television. city Manager Unmacht presented an overhead of the proposed state aid cuts projected for metro area cities as proposed in Governor Arne Carlson's budget. A short discussion followed on possible city positions. Consent Agenda Item (h) Aerial Photography and Mapping for Proposed Business/Office Park and Lakefront Park was discussed. Councilmembers discussed costs and timing of the photography and mapping. Gene White requested Councilmembers to turn in any comments to him on the Metro Governance Task Force information. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO ADJOURN TO A CLOSED SESSION FOR THE PURPOSE OF DISCUSSING UNION NEGOTIATIONS. Upon a vote taken,.ayes by Andren{ Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott 4 HERITAGE COMMUNITY 1891 1991 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 8 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER VARIANCE APPEAL FOR CROWN COCO, INC., MARCH 16, 1992 The Planning Commission held a hearing on February 20, 1992 to consider a variance application for Prior Lake EZ Stop. The representative for EZ Stop is Mr. David Miller of Crown CoCo, Inc. The applicant requested the Planning Commission to approve the following variances: An eight foot front yard variance from S.T.H. 13 right-of-way; a twenty-one square foot sign area variance to allow continued display of a ninety-six square foot, freestanding sign and a request for variance from Sign Ordinance 83-5, Section 5-7-4B3 to allow two freestanding signs on the site where only one freestanding sign is permitted. The Planning Commission denied the variance application, finding no hardship present to justify granting variances. See attached Planning Commission minutes for reference to this item. This application is the result of a fifteen month long process to bring the signs located at the EZ Stop site, into compliance with the Prior Lake Sign Ordinance. In January of 1991, two sign faces, a wall sign located on the building, and the EZ Stop, freestanding sign located adjacent to the intersection of S.T.H. 13 and Franklin Trail, were changed without an approved sign permit from the City of Prior Lake. See attached Exhibits A and B which illustrate the signs as of May 5, 1989 and the new sign faces which are currently being displayed. On January 22, 1991 a letter was mailed to Crown CoCo and EZ Stop advising that a sign permit is required by Sign Ordinance 83-5, any time a sign is "erected, changed, or relocated", and that the two signs were in violation of the Ordinance. See attached Exhibit C, letter from Deb Garross to Crown 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 Ph. (612) 447-4230 / Fax (612) 447-4245 CoCo, Inc. The letter identified that the signs should be removed or a permit approved for their continued display. The letter also discussed the possibility that the freestanding sign was located within the required 10' foot setback from S.T.H. 13 and that the Ordinance allows only one freestanding sign with a maximum area of seventy-five square feet. The applicant was advised that in the event that the signs did not .com~ly with the Sign Ordinance an application for variance would need ~o be submitted to the City. Staff met with Ray Roemmich of Suburban Lighting Inc., to discuss the sign violations and permit process. Suburban Lighting Inc., has submitted four sign permit applications for changes to the wall and freestanding signs located at EZ Stop, which date back to 1977. See Exhibits D, E, F, and G for previous sign permit applications at the subject site. Mr. Roemmich determined that the EZ Stop freestanding sign located closest to the intersection, encroached within the required ten foot setback from the S.T.H. 13 right-of-way line. Mr. Roemmich also indicated that the sign standard appeared to have been damaged and that he questioned it's structural integrity. Mr. Roemmich suggested that the "Kerr McGee" freestanding sign be removed and that the EZ Stop freestanding sign be relocated to that standard. Staff advised Mr. Roemmich that the plan would comply with the required setback standard and the Sign Ordinance regulation which allows one freestanding sign. However, the EZ Stop sign contained two illegal, sixteen square foot "gas price" panels that had been added without slgn permits. The EZ Stop sign area is ninety-six square feet which exceeds exceeds the seventy-five square foot maximum area, therefore a sign area variance would have to be granted to retain the sign in its entirety. Mr. Roemmich stated that he would contact Crown CoCo Inc., to explain the relocation plan. On April 16, 1991 staff met with the applicant to discuss the violations, the proposed relocation plan, required permit procedures and the variance process. Mr. Miller was given variance application materials at that time. DISCUSSION: On May 21, 1991, staff again, submitted a letter to Crown Coco Inc., and EZ Stop identifying the outstanding sign violations, and advised that if sign situation was not rectified by June 21, 1991, the file would be turned over to the City Attorney for possible prosecution. See Exhibit H for reference to the letter from staff. On July 8, 1991 staff received a letter from David Miller stating that he did not agree with the Ordinance and according to his interpretation, the signs were not illegally altered. Mr. Miller also stated the responsibility to comply with the Ordinance should be the responsibility of the "sign hanger." See Exhibit I, letter from David Miller of Crown Coco, Inc. The file was turned over to the City Attorney upon the decision of the City Manager, for prosecution. The City submitted a formal complaint to the District Court in December of 1991. See Exhibit J, copy of the formal complaint filed with the District Court. The status of this issue is that the City has dismissed the complaint in order to allow the applicant the opportunity to pursue the variance process. In the event that the variances are denied, and the signs are not brought into compliance with the Ordinance, the prosecuting attorney will recharge the applicant. Records on file with the Planning Department indicate that the EZ Stop building was constructed in 1963, prior to annexation of the site into the corporate limits of the City of Prior Lake. The earliest sign permit on file is for the freestanding sign located closest to the intersection of S.T.H. 13 and Franklin Trail. Exhibit G, permit 1977-11 indicates that an existing "Gas" sign was replaced with an eighty square foot "Gas & Price" sign. Exhibit F, permit 1979-15, indicates that the "Kerr McGee" freestanding sign was erected in 1979, and contains approximately seventy square feet of sign area. Exhibit D, permit 1979-14 indicates that the "Gas & Price" freestanding sign was replaced with a sixty-four square foot "EZ Stop Stores" sign. Exhibit E, permit 1979-24 indicates that a forty-eight square foot wall sign was placed on the building in 1979. Please note that all permits were taken out by Suburban Lighting Inc., and that all of the signs were erected prior to the adoption of Sign Ordinance 83-5, adopted by the Prior Lake City Council on May 11, 1983. The significance is that the freestanding signs located on site are classified as legal-nonconforming signs. The wall sign, erected in 1979 conforms with current Sign Ordinance requirements. A second point is that historically, sign permits have been obtained at this site, when the sign faces have been changed. In 1989, the City undertook an active sign control enforcement campaign whereby Sign Ordinances, permit a~plicatlons and written notification were given to all businesses within the community. Staff took pictures of all business signs and began to keep an inventory of sign permits and to conduct periodic inspections to enforce the Sign Ordinance. The Ordinance contains an amortization schedule indicating the dates by which all non-conforming signs are to be brought into compliance with the Ordinance. However, all dates indicated in the schedule had expired by the time that the active enforcement campaign began in 1989. Therefore, the Ordinance requirements are enforced at the time that the property owner chooses to remove or change signs. Staff has successfully implemented the Ordinance to remove legal non-conforming signs for the Prior Lake Pet Hospital, Holiday Station Stores, and Prior Lake Floral, to name a few. All signs require a permit according to the Ordinance. The fee owner of the property is ultimately responsible to comply with Ordinance requirements of the City of Prior Lake. The applicant is requesting several variances from the Sign Ordinance to continue display of illegal signs that have been expanded and changed without permits approved by the City of Prior Lake. In addition, the EZ Stop freestanding sign was enlarged at some point between 1979 and 1989 to add two, sixteen square foot, gas price signs. This addition was done without obtaining a sign permit and increased the total sign area to ninety-six square feet. The total sign area maximum for freestanding signs is seventy-five square feet. The EZ Stop has twice the amount of permitted freestanding sign space for businesses within the community. The intent of the Zoning Ordinance, of Ordinance is a part, is to non-conformities to achieve current regulations: consideration for variance the hardship tests found which the Sign eliminate legal compliance with The ~rincipal applications are in the Zoning Ordinance. Staff contends that there is no hardship in this case. The signs have been changed without the necessary permits and approvals from the City of Prior Lake. The hardship has been caused by the owner, who has changed signs with disregard to the Ordinance and notifications from staff. An additional note, as of March 9, 1992, Prior Lake EZ Stop had continued to display three additional signs on site, that do not have approved sign permits. There are no circumstances that are unique to this site whereby setback or sign area variances should be granted. The variances requested do not observe the spirit and intent of the Ordinance, but rather, request validation of the situations that Sign Ordinance 83-5 was enacted to prevent. ALTERNATIVES: Uphold the decision of the Planning Commission to deny the variance application due to lack of a demonstrated hardship. Table this item for information or research. additional Find that the hardship tests Zoning Ordinance can be met, by circumstances, and approve the application. of the specific variance RECOMMENDATION: The recommendation from the Planning Commission is to deny the variances as requested. An alternative was developed by the sign contractor for Crown CoCo Inc., that conforms to the Ordinance requirements. Mr. Roemmich, indicated that the structural integrity.of the EZ Stop freestanding sign standard is questionable.and may pose a safety hazard. This standard is located two feet from the S.T.H. 13 right-of-way, close to overhead electric utilities and has been increased in area, without permits, to a size that exceeds the seventy-five square foot maximum area allowed by the Ordinance. There are no other businesses within the community that have two freestanding signs on site. ACTION REQUIRED: Grgntigg a variance to allow EZ Stop to maintain two freestanding signs would give them unfair advertising advantage over other businesses in the community and potentially create a negative precedent. The variances requested provide a convenient resolution of the issue for the applicant. However, it is not the intent of the variance process to provide convenience, but to provide a degree of relief for hardships that are caused by unigue property characteristics. The variances requested by the applicant do not observe the s?irit and intent of the Ordinance and in the opinion of staff, are contrary to the public interest. Will vary based on Council discussion. City Manager's note attached. See PLANNING COMMISSIONS MEETING MINUTES FEBRUARY 20, 1992, PAGE available for construction possibilities and the proposed application is the most logical' The variance would not be detrimental to the community and would observe the intent of the ordinance. Consensus by the Commissioners were in support of the variance. MOTION B~ ROSETH, SECOND BY ARNOLD, TO APPROVE THE 40 FOOT EAST SIDEYARD VARIANCE FOR THE PRIOR LAKE PET HOSPITAL LOCATED AT 16680 FRANKLIN TRAIL. RATIONALE BEING THE APPLICATION IS CONSISTENT WITH THE ESTABLISHED CHARACTER OF THE AREA, THAT THE SPIRIT AND INTENT OF THE ORDINANCE WOULD BE REALIZED, AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Roseth, Arnold, Wells, MOTION CARRIED. and Loftus. ITEM V - EZ STOP/CROWN COCO - FRONT YARD SETBACK & SIGN ORDINANCE VARIANCE David Hiller represented Crown CoCo Inc. 319 Ulysses Street, Minneapolis. The subject site in question is the EZ Stop Station located at 16735 Franklin Trail, Prior Lake. Mr. Miller stated that over a year ago Crown CoCo had contacted a sign company to change the face of two signs but had neglected to pull a sign permit. He is now requesting the variances needed to allow continued display of the signs that are already in place. Deb Garross presented the information as per memo of February 20, 1992. The application is for an 8 foot front yard variance from S.T.H. 13 right-of-way, a 21 square foot sign area variance to allow a continued display of a 96 square foot free-standing sign, and a variance from Sign Ordinance 83-5, Section 5-7-4B3 to allow 2 freestanding signs on the site where only one is permitted. In January of 1991, 2 sign faces, a wall sign and a freestanding "EZ Stop" sign were changed without an approved sign permit. On January 22, 1991, a letter was sent to Crown CoCo and EZ Stop advising them of th~se violati?ns. Staff met with Mr. Ray Roemmich of Suburban L~ghting to discuss the sign violations and permit process and a solution was recommended by Mr. Roemmich. After the meeting, Mr. Roemmich stated he would advise Crown CoCo of the relocation plan. Staff met with Mr. Miller on April 16, 1992, at which time he received the variance application materials. On May 21, 1991, Staff again, submitted a letter to Cr=~n CoCo an~ EZ Stop regarding the outstanding sign violations. They were advised if this was not rectifIed by June 21, 1991,.the file would be forwarded to the City Attorney for posslble prosecution: On July 8, 1991, Staff received a letter from Mr. Miller stating he felt the signs were not illegal and said the permit was the responsibility of the sign hanger. The City submitted a formal complaint to the District Court In December of 1991. As a result of that action, Court has granted a continuance to allow the applicant the opportunity to come before the Plalming Commission with the variance application, therefore, an on-going legal situation does exist. PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 1992 PAGE Staff recommends denial of the variance application as requested. An alternative had been proposed by the e~gn contractor but was not implemented. The application does not observe the spirit and intent of the Ordinance and is contrary to the public interest. The variances would provide a convenient resolution of the issue for the applicant. However, the circumstances that the sign ordinance i~ intended to prevent would be validated. comments from the Commissioners were, signs too close and too many, unfair advantage for EZ Stop causing hardship to other stations who have complied, negative precedent would be set, ordinances are to be enforced, and all were in agreement for denial. MOTION BY ARNOLD, SECOND BY ROSETH, TO DENY THE VARIANCE APPLICATION OF AN EIGHT (8) FOOT FRONT YARD VARIANCE FROM S.T.H. 13 RIGHT-OF-WAY; A TWENTY-ONE (21) SQUARE FOOT SIGN AREA VARIANCE, AND A REQUEST TO ALLOW TWO (2) FREESTANDING SIGNS FOR CROWN COCO INC. FOR EZ STOP STORE AT 16735 FRANKLIN TRAIL SE. RATIONALE BEING HARDSHIP HAS NOT BEEN DEMONSTRATED, A NEGATIVE PRECEDENT WOULD BE SET, IT WOULD NOT OBSERVE THE SPIRIT AND INTENT OF THE ORDINANCE, WOULD NOT BE IN THE BEST PUBLIC INTERESTS OF THE COMMUNITY AND WOULD NOT PRODUCE SUBSTANTIAL JUSTICE. Vote taken signified ayes by Arnold, Roseth, Loftus, and Wells. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY WELLS, TO ADJOURN THE MEETING. Vote taken signified ayes by Arnold, Wells, Loftus, and Roseth. MOTION CARRIED. Meeting adjourned at 10:17 P.M. Tapes of meeting on file at City Hall. Horst Graser Director of Planning Rite M. Schewe Recording Secretary "VA03PN" NOTICE OF HEARING FOR FRONT YARD SETBACK AND SIGN ORDINANCE VARIANCE 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: MONDAYt MAY 18t 1992 PURPOSE OF HEARING: SUBJECT SITE LOCATION: at APPROXIMATELY 9:00 To consider a variance appeal for Coco. (Prior Lake EZ Stop) 16735 Franklin Trail S.E. P.M, Crown REQUESTED ACTION: The applicant is requesting that the City Council overturn the decision of the Planning Commission to deny several variances related to non-conforming signs on the property. Approximately one year ago, an existing freestanding and wall sign were changed on this site, without an approved sign permit. The applicant was advised that a permit is required to alter existing signs. The applicant would like to continue to use the existing freestanding sign located adjacent to Franklin Trail and S.T.H. 13. However, that freestanding sign no longer complies with the current Prior Lake S~gn Ordinance. A sign permit cannot granted unless the variances outlined this notice are approved by the City Council. The applicant is reguesting an eight (8') foot front yard variance from the S.T.H. 13 right-of-way line to allow continued use of a freestanding sign, which is located two (2') feet from the right-of-way line. The required setback Ks ten (10') feet from the right-of-way line of S.T.H. 13. The applicant requests that the Planning Commission grant a twenty-one (21) square foot sign area variance to allow continued display of a ninety-six (96) square foot freestanding s%gn. The applicant also requests a variance from Sign Ordinance 83-5, Section 5-7-4B3 to 4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F_.MPI.E)YER allow two freestanding signs on the site where only one (1) freestanding sign is permitted by the Ordinance. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted contact by the City Council. For m~re information, the Prior Lake Planning Department at 447 4230. Prior Lake Planning Department DATE MAILED: May 11, 1992 OIL YollO, £ng/neer/ng ¢o., Inc. S~T~ ~C~. WA?E~'$ EI)G~ C~rlIICI ~ PO BOX 4~ . l