Loading...
HomeMy WebLinkAboutJune 1, 1992% ~'~CALL TO ORDER 2. ', 3, ~ 00 p.m. 7. ':~': u" ~8': 3 0 p. m. 9 ; .~ .~,. ~., a) .:".. :}.:t~.: :.:: .?: ,. b) .--~. <. '~'. ~*All times stated ',.:/ ~" .'~. ~:~ ,~'PuB1 ic Hearings, :"' . '.~?"'i~earlier or later. . ~.~,-. ;:~ · REGULAR COUNCIL MEETING AGENDA Monday, June 1, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting a. Minutes of the May Council Meeting Consent Agenda: a) b) 26, 1992 Special Consider Approval of Invoices To Be Paid Consider Approval of Resolution Approving a One Day Off Site Gambling For the Premise of Prior Lake city Hall 92-19 Permit Consider First Draft of Ordinance 92-06 Amending City Code Section 9-2-3 (C) Second Consideration of Restrictive Covenant Agreement with Dave and Dorothy Watzl Consider Approval of Community Opportunity Program Conduct Public Hearing on On Sale Intoxicating Liquor License Fee Presentation of Staff Report on Mineral Extraction Second Consideration of Preliminary Plat Approval of Carriage Hills Other Business Staff Update on Industrial Park Informational Meeting Update on Centennial Plaza Dedication Plan on the Council Agenda, with the exception of are approximate and may start a few minutes 4629 Dakota St. $.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 .AN EQUAL OPPORTL'NITY EMPLOYER CALL TO ORDER 1. 2. 8:00 p.m. 7. REGULAR COUNCIL MEETING AGENDA REPORT Monday, June 1, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting - see attached. a. Minutes of the May 26, 1992 Special Council Meeting - see attached. Consent Agenda: a) Consider Approval of Invoices To Be Paid - see attached. b) Consider Approval of Resolution 92-19 Approving a One Day Off Site Gambling Permit For the Premise of Prior Lake City Hall. The Prior Lake Lions Club is requesting a one-day off-site gambling permit at the premise of Prior Lake City Hall on Saturday, August 1, 1992. The Prior Lake Lions Club currently holds other legal gambling premise permits throughout the City of Prior Lake. The purpose of the one day gambling permit is to conduct bingo games during Lakefront Days. Staff recommends approval of Resolution 92-19 as part of the consent agenda. Consider First Draft of Ordinance City Code Section 9-2-3 (C) - see report. 92-06 Amending attached staff Second Consideration of Agreement with Dave and attached staff report. Restrictive Covenant Dorothy Watzl - see Consider Approval of Community Opportunity Program - see attached staff report. Conduct Public Hearing on On S-ale Intoxicating Liquor License Fee. The ~urpose of this public hearing is to consider an increase in the On Sale Intoxicating Liquor License Fee. The public hearing has been established pursuagt to Minnesota Statutes 340 (A). Prior to increasing the Intoxicating Liquor License Fee the City of Prior Lake must conduct a public hearing. 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax/612) 447-4245 AN EQL'AL OPPORTUNITY F~PLDYER 8:30 p.m. 9. Recall that during the 1992 budget process, City staff was recommending an increase in the On Sale Intoxicating Liquor License Fee. The last fee increase for this license was in 1988. The On Sale Intoxicating Liquor License applicants were made aware of a proposal to increase the fee, and the Mayor and Council received a letter (enclosed in y~ur packet) dated December 29, 1991 from the licensees. After consultation with the City Council staff was directed to negotiate the proposed increase with the liquor licensees. On Friday, May 22, staff met with Ray Lemley, Hollywood Bar and Grill and Dave Carlson, T. J. Hooligans, to discuss a proposed increase. Negotiations were successful and a proposed plgn for a three year liquor license fee schedule being recommended. The proposal incorporates a $500 increase over a three year ~eriod. The proposed increase for 1992/1993 is $300, 1993/1994 is $100 and 1994/1995 is $100. The three year plan provides for increases acceptable to City staff and also provides the licensees with stability in their budget and financial planning. Staff has compared the City's fee with cities of our size (AMM Survey) and we are proportionally higher (24%) than the average of other cities between 10,000 - 20,000 in population. Subsequently, a three year commitment on a fee schedule is acceptable to staff. After the 1994/95 renewal period we can evaluate our fee as it compares to other cities. Generally, fees do not change dramatically, subsequently, staff does not believe our fees will fall below the average, or fall less than the range over this three year period. City staff and representatives of the On Sale Intoxicating Liquor License holders recommend that the City Council a~opt a three year On Sale Intoxicating Liquor License Fee schedule consisting of the following: $5,050.00 for 1992/1993 $5,150.00 for 1993/1994 $5,250.00 for 1994/1995 Presentation of Staff Report on Mineral Extraction - see attached staff report. Second Consideration of Preliminary Plat Approval of Carriage Hills - see attached staff report. 2 10. Other Business a) Staff Update on Industrial Park Informational Meeting. Staff will be updating the Council on progress of the Business/Office Park in two specific areas: 1) industrial park informational meeting ~o be conducted at 6:00 p.m. on June 1 which wall discuss the utility extension to the existing industrial park; and, 2) progress on the Industrial Park Standards review process. b) Update on Centennial Plaza Dedication Plan. The Centennial Park dedication ceremony has been planned for Saturday, June 20. Plans are being implemented to ensure that construction is completed and to ensure the maximum participation of local citizens. Staff will give a progress report on the plans at the meeting. *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. MINUTES OF THE CITY COUNCIL May 18, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, May 18, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, Planning Director Graser, Director Public Works Anderson, Assistant City Engineer Loney, Parks and Recreation Director Mangan, Acting City Attorney Rathke, and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the May 4, 1992 Council meeting were reviewed by Council. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE THE MAY 4, 1992 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) 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 Report Consider Approval of 1991 Financial Report Consider Approval of Cigarette License For Gateway and Spirits Consider Approval of Treasurer's Report Wine MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (g). Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Presentation by Executive Director Beverley Miller on the Minnesota Valley Transit Authority (MVTA). Ms. Miller presented proposed goals which included discussion on the Implementation and Operation Plan, Expanded Downtown Service, County Road 42 Corridor, Budget and Park and Ride Lot Study. Ms. Miller also discussed the proposed 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 z~ EQL'AL O?PORTUNITY =_',IPLOYER expanded route service pilot program for the summer beginning June 15 and plans to publicize the program. Ms. Miller answered several questions posed by Council. Councilmembers thanked Ms. Miller for attending and for the MVTA update. The next order of business was: Consider Action to conduct a City Space Facilities Study. City Manager Unmacht briefly reported on the informal consensus of the City Council w~th respect to the Police Department's request. Police Chief Powell discussed the needs of his department for additional space for personnel and other requirements. A short discussion occurred. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE THE CONVERSION OF THE COMMUNITY ROOM TO OFFICE AND STORAGE SPACE FOR THE POLICE DEPARTMENT AND TO AUTHORIZE CONTINGENCY FUND ALLOCATION IN AN AMOUNT NOT TO EXCEED $11,000 TO PAY FOR THE EXPENSE FOR THE CONVERSION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott A short discussion occurred on a City-wide facilities study as identified in the 1992-1996 Capital Improvement Program. Council directed Unmacht to prepare a Request For Proposal (RFP) on the study. The next order of business was: Conduct Public Hearing on the Formation of Development District #2 - Consider Resolution 92-18. Mayor Andren called the public hearing to order at 8:15 p.m. Assistant City Manager Schmudlach discussed the steps required by the State before a City can utilize Tax Increment Financing. The approval of the development district would provide the framework to proceed with specific TIF projects in the future. A short discussion occurred. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO RESOLUTION 92-18 ESTABLISHING DEVELOPMENT DISTRICT #2. APPROVE Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, PUBLIC HEARING. TO CLOSE THE Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Kay Schmudlach and John Fitzgerald gave a brief update on the status of property negotiations regarding the ~roposed Business/Office Park site. Ms. Schmudlach also discussed possible Community Development grant funding being available to the City from NSP, and also stated that a process has been initiated for developing a consensus on the industrial park zoning standards. 2 Minutes of the Prior Lake City Council May 18, 1992 The next order of business was: Consider Resolution 92-12 Approving Plans and Specifications and Ordering Advertisement for Bids for Project 92-11. Assistant City Engineer Loney discussed proposed plans for a five foot concrete sidewalk along Franklin Trail and gave a brief background on the City's trail plans and the construction process. Parks Director Mangan discussed differences in safety and usage between a five foot sidewalk and an eight foot bituminous trail. Director of Public Works Anderson discussed the reasons why a five foot sidewalk is proposed and the possible need for the installation of a bituminous bike path in the future along Franklin Trail. A short discussion on these items occurred. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE RESOLUTION 92-12 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 92-11. 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 8:40 p.m. The next order of business was: Consider Preliminary Plat Approval of Carriage Hills. City Manager Unmacht outlined the procedures to be followed during the process. Warren Israelson, developer of Carriage Hills Subdivision, addressed the Mayor and Council and presented maps indicating wetlands, trees, placement of walking paths, streets and lots and discussed his plans for the subdivision, approximate costs of homes, density and other features of the subdivision. Israelson responded to the neighborhood petition which was circulated on the development. city Planner Graser briefly outlined the background of the process, requirements according to code, the area implications of the subdivision and the recently legislated Wetland Conservation Act as it applies to this plat. Assistant City Eng%neer Loney discussed storm water quality requirements, wetland issues and plat design of straight roads. Parks Director Mangan commented on the trails and parks proposed within the plat and how they would relate to the city's overall Parks and Trail plans. Greg Larson presented the Council a signed petition from concerned residents which Mayor Andren requested be entered into the record. The following residents who were present at the meeting also voiced their concerns with regard to density, design, streets, wetlands and affect on adjacent property: Greg Larson 15079 Manitou Road E. K. Whiting 14897 Manitou Road Allen Greenfield 15702 Island View Road Mary Ann Whiting 14897 Manitou Road Obert Tufte 14937 Manitou Road Leo Vierling 14092 Eagle Creek Avenue Mayor Andren explained in detail the City's review authority role in approving subdivision applications. and Minutes of the Prior Lake City Council May 18, 1! Kathe Abrams, 14877 Manitou Road, urged the neighbors and ] Israelson to meet for the purpose of negotiatlng a comprom agreeable to all parties, and Kim Wahl, 15218 Fairbanks Trail ] inquired about the notification process and who is supposed to notified in instances where a development of this magnitude being considered. Discussion occurred. Extensive discussion occurred regarding various details technical aspects of the subdivision. Councilmembers questio Israelson and City staff on various details of the subdivisi General consensus of the Council was to express concern over design of the western portion of Blocks 1, 2 and 3 and ur Israelson to consider the possibilities for re-configuration that portion of the plat. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO POSTPONE PUBLIC HEARING ON THE CARRIAGE HILLS SUBDIVISION PRELIMINARY UNTIL DATE CERTAIN (MONDAY, JUNE 1, 1992) AT 8:30 P.M. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. A short recess was called. The meeting reconvened at 12:20 a.m. The next order of business was: Second Consideration of Vari~ Appeal for Crown CoCo, Inc. Councilmember White withdrew articipation on this item due to a possible conflict nterest, city Manager Unmacht reviewed the history of issue and introduced Mr. Dave Miller, Crown CoCo representatl Mr. Miller stated that the position of Crown CoCo with respec~ the Council discussion and action on March 16 is to remove ~ the Kerr-Mag~e (K.M.) ~ign. Staff noted that this proposal w~ make the buslness not ~n compliance with the ordinance. A si discussion occurred. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, ACCEPT THE PLAN COMMISSION RECOMMENDATION AND TO DENY THE VARIANCE APPLICA' DUE TO LACK OF DEMONSTRATED HARDSHIP. Upon a vote taken, ayes by Andren, Fitzgerald and motion carried. White abstained and Kedrowski was during the voting. Topics discussed under Other Business: LMC Annual Conference June 9 thru 12. City stated that anyone interested in attending him or Dee for reservations. Scott. not pre Manager Un~ should con Staff Update on MnDOT Meeting on Highway 13. Kay Schmud reported on their meeting with Terry Humbert of MnDOT % they were told that construction on Highway 13 would delayed another year which would make it 1996. Staff i~ the process of investigating to see if this can be change 4 Minutes of the Prior Lake City Council May 18, 1992 Councilmember Kedrowski inquired about comments on the Donor Catalog, and also had a question about a letter accompanying the Financial Report. Unmacht to check into details on the letter. Larry Anderson reported that the Scott County Board would be having a presentation on Tuesday, May 26 to discuss the extension of County Road 21 from County Road 42 to the new County Road 18 interchange. The next Council meeting will be Monday, Monday, June 1, 1992 at 7:30 p.m. There being no further business, the meeting adjourned at 12:40 p.m. by general consent of the Council. ~dMJa~a~enmracht Dee Birch Recording Secretary 5 J MINUTES OF THE CITY COUNCIL May 26, 1992 Special Board of Review Meeting The Common Council of the City of Prior Lake met in a special session on Tuesday, May 26, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The purpose of the special meeting was for the Council, as the official Board of Review, to review and act upon the Parcel Recommendation Report of Deputy Assessor, Leroy Arnoldi. Mr. Arnoldi stated that he had contacted those persons who had attended the May 4 Council meeting and appealed the valuation of their property. Mayor Andren noted for the record that no one was present to discuss with the City Council the Assessor's recommendation. Mayor Andren read the following names of those persons who had appealed their valuation: Evan C. Shadduck Mattie Meagher Marlys Jones E. K. Whiting John B. Sweeney Suzanne Kruse Obert N. Tufte Daniel C. Carlson Kevin Bergstrom Juletta Leonard Stanley Hannes Cathy Kinney Gerald Meysembourg Ernest F. Chial Wm. Phillips Richard L. Knutson Elizabeth Roscoe Debra Norrgard Lillian Rose Layton Kinney Thomas Mee Eugene Wenner George T. French David L. Smith Dean G. Brown Ronald Ellingson A short discussion occurred by the Council parcels. on a few of the MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE RECOMMENDATION OF SCOTT COUNTY DEPUTY ASSESSOR, LEROY ARNOLDI FOR CASES 1 THRU 26 AS SUBMITTED IN THE PARCEL RECOMMENDATION REPORT. 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 A>; EQUAL OPPORTUNITY F~(PLOYER Councilmember White discussed a League of Minnesota Cities Bulletin article on a recent law that modifies the 1993 Targeting Refund Program for home owners which, in addition to the Property Tax Refund Program, reduces taxes for owner occupied residents in certain cases where taxes are more than 12% over the previous year. A short discussion occurred. For more information, residents can contact the Scott County Auditor or Department of Revenue. Mr. Arnoldi recommended a booklet entitled "Summary of 1992 Property Tax Laws" for those persons interested in taxation and refund information. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Discussion occurred on the following topics: -- AMM Governance Task Force - Councilmember White handed out information regarding the Task Force Report. Councilmember Fitzgerald led a short discussion on the status of the City's infrastructure system. Discussion occurred on the street overlay program. City Manager Unmacht was directed to update the Council on the current status of city streets and the overlay program. Councilmember White led a discussion on an informational meeting held by the Scott County Board on May 26 to discuss long range plans for County Roads 18 and 21 as they originate from the new Bloomington bridge bypass. City Manager Unmacht updated the Council on the bridge access issue. There being no further business, the 8:40 p.m. by general consent of the Coun meeting adjourned il. ~k~d J. Unmac~t .ty Manager Dee Birch Recording Secretary at THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. JUNE 2, 1992 MISC. DEPTS. LMC Insurance Trust R-0wnOffice Supply MN Cellular One Bryan Rock Products Insurance office Supplies Telephone Service Sand & Gravel 15,660.75 13.99 424.29 330.58 GENERAL GOVERNMENT Internat'l. Office Systems Business Records Corp. Mn City/Co. Mgmt. Assn. No. Amer. Lake Mgmt. Assn. R-Own Office Supply Sports Illustrated Action Messenger Inc. R-Own Office Supply Laurie Davis Petty Cash Deb Garross Horst Graser Alpha Soft Inc. Modern Computer Alpha Micro Users Society Graybar Electric Co. MCI Telecommunications Quality Waste Control R & O Elevator Heating Consultants Inc. Bob's Personal Coffee Service Smokeeter of Minnesota Fax Supplies Printed Forms Membership Dues Publications Misc. Supplies Subscription Renewal Messenger Service Election Supplies Education Reimbursement Postage & Supplies Mileage & Ed. Reimb. Meeting Expense Hardware Maintenance Hardware Maintenance Membership Dues Maint. Supplies Telephone Service Refuse Removal Maintenance Contract Heating & AC Maint. Coffee Service & Supplies Bldg. Maintenance Pitney Bowes Postage Meter Rental Burnsville Commercial Cleaning Janitorial Service 117.50 51.85 55.00 70.00 4.31 105.30 29.70 35.63 836.94 116.28 882.63 20.85 590.00 202.00 65.00 51.30 4.63 3,302.35 104.92 480.00 170.42 47.00 177.00 1,100.00 PUBLIC SAFETY Streicher's R-Own Office Supply Park Nicollet Med Center Scott Co. Human Services MN Police Recruitment System MN Dept. of Public Safety Government Training Service Floyd Security Thomas Kahlert Chris Olson Treadway Graphics Prior Prints Supplies Supplies Professional Services Detox Transportation Placement Service State Terminal Seminar Registration Fees Lock Repair License Fee Reimb. Education Reimbursement DARE Supplies DARE Supplies 3,159.25 29.18 15.00 50.00 750.00 240.00 404.00 59.50 5.00 677.50 76.00 34.87 FIRE & SAFETY Emergency ~edical Products MN Conway Joe Adams Marketing BUILDING INSPECTION Prior Prints PUBLIC WORKS Prior Prints Joel Rutherford MN Commerce Dept. Shiely Co. Friedges Landscaping Minnegasco Tupy's Tire Service Dustcoating Inc. Arnost PaYek PARK AND RECREATION Prior Prints Eric Ganske Andy Wolfram Colleen Soya Marlene Schultz Prior Lake Floral U.S. Poly Enterprise Greg Larson Sports R-Own Office Supply Diane Wikstrom Lisa Conlin Priordale~all Prchal Candy Co. Hennepin Co. Parks General Cinema U.S. Poly Enterprise Turf Supply Co. Al's Landscaping & Nursery Beacon Sports Products MTI Distributing Finley Bros. Enterprises Greenfingers Farm Friedges Landscaping Turf Supply Pioneer Manufacturing Prchal Can~y Co. WestwoodPrufessionals Valley Sign Tupy's Tire Service Prior Lake Rental Center Bill Mangan MN Park & Rec. Foundation Medical Supplies Supplies Professional Services Printed Supplies Engineering Supplies Conference Expense License Renewal Sand & Gravel Repair Supplies Utilities Repairs Dust Control Tree Removal Printed Supplies Recital Aides Recital Aides Recital Aides Recital Aides Dance Supplies Playground Supplies Playground Supplies Supplies Park Program Instructor Park Program Instructor Dance Studio Rental Park Program Supplies Park Program Park Program Park Program Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Park Maint. Supplies Small Tools & Equipment Small Tools & Equipment Concession Supplies Professional Services Bldg. Maintenance Equipment Maintenance Rentals Education Reimbursement Membership Dues 279.13 80.10 540.00 19.80 20.00 4.68 70.00 771.36 67.50 17.89 88.80 1,880.00 37.50 2,238.30 96.88 103.13 93.75 151.56 87.75 366.91 23.94 18.38 670.00 518.01 1,379.85 7.20 63.00 400.00 463.80 1,966.80 15.00 396.50 473.73 3 , 081.19 15.90 20.00 64.80 260.00 332.20 1,540.00 35.50 35.90 96.30 826.05 20.00 ECONOMIC DEVELOPMENT ICMA MN City/Co. Mgmt. Assn. SEWER UTILITY MN Valley Electric Coop. Tri-State Pump & Control PRIOR LAKE CONSTRUCTION FUND Dues Dues Utilities Repair Supplies 151.43 55.00 27.75 78.26 Comm. of Transportation City Share of Materials 305.07 CONSENT AGENDA ITIDI (B) ATTACIDIENT RESOLUTION 92-19 RESOLUTION APPROVING A ONE-DAY OFF-SITE GAMBLING PERMIT FOR PREMISE OF PRIOR LAKE CITY HALL THE MOTIONED BY SECONDED BY WHEREAS, the State of Minnesota requires that a municipality adopt a Resolution in support of an organization to conduct one-day off-site lawful gambling at a particular premise, and WHEREAS, the Prior Lake Lions Club is requesting this one-day off-site gambling permit for the premise of Prior Lake City Hall on Saturday August 1, 1992. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the Prior Lake Lion's Club is hereby approved to conduct lawful gambling at the premise of Prior Lake City Hall on Saturday, August 1, 1992 effective upon the approval by the Gambling Control Division. Passed and adopted this day of , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White .... White {Seal) David J. Unmacht City Manager City of Prior Lake 4629 Dakota St. S.E.. Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) '447-4245 .AN EQUAL OPPORTL NITY FJ~PLOYER LG230 (8/2/91) Application for One-Day Off-Site Lawful Gambling For Board use only Base License # Name ol ~don [ ~ Numbe~ Prior Lake Lions I ( 612)447-7277 P.O. Box 38 Prior Lake MN 55372 Name of Chief Execulive ~ (pieaM print) [ Phone Number David Velishek I (612) 447-2237 1. Name of IocaliOn whl~e off-aite gamb4ing will be held 4629 Dakota St. SE Prior Lake MN 55372 3. Date of My event August 1, 1992 4. Ha~ your o~}anization conducted off-site gambling this caM)nd&- yea/? ~ Yes [] No If ye~, what was ~ date of lt~ event? / / l afmm that%me .above i,~ is tmm~ 1. ~e ~ must ~ ~is ~pl~n if ~ g~ ~mi~ is ~t~ ~in ~ ~mi~. 2. ~e ~nw AND ~ must sign ~is ~H~ if ~e g~li~ ~mi~ is I~t~ ~in a ~s~p. 3. ~e ~1 unit of ~v~m~t (~ or ~n~) ~st ~ss L m~ ~ ~m~g m ~ ~is a~F~n. 4. A ~ov Of ~e I~ unit of aov~m~rs m~lu~ ~na ~is ~ must ~ afl~ ~ ~is ~d~, 6. If ~is ap~ ~ ~ by ~ ~ u~t of ~~L it s~ ~ ~ sub~ m ~ ~ng C~ ~. ,~ City or County. Sign~t~ Title ~ Township Township name Signature of person receiving ap~icabo~ T'~le Date received Is township: O~anized Unorganized __Unincorporated Attach a copy of the lease for the off-site location and · copy of the approving resolution Irom the local unit of government Mail this application to: Gambling Control Board Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville, MN 55113 '1% %. AGENDA NUMBER:: PREPARED BY: SUBJECT: DATE: 4 BILL MANGAN, DIRECTOR OF PARKS AND RECREATION CONSIDER FIRST DRAFT OF ORDINANCE 92-06 AMENDING CITY CODE SECTION 9-2-3 (C) JUNE 1, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: As a result of a couple of minor incidents, City Code section 9-2-3 (C) should be amended to be consistent with the park curfew (Section 9-2-7 (B)). Section 9-2-3 (C) currently reads as follows: "It shall be unlawful for any person to consume any alcoholic beverage, whether "intoxicating liquor" or "nonintoxicating liquor" in a park after eight o'clock (8:00) P.M. and before the park is open the following day". As amended 9-2-3 (C) is recommended to read as follows: "It shall be unlawful for any person to consume any alcoholic beverage, whether "intoxicating liquor" or "nonintoxicating liquor", in any park between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. with the exception of City scheduled activities or with the written permission of the Parks and Recreation Director". The amended ordinance will allow for the legal consumption of alcoholic beverages in the park during normal park hours (5:00 A.M. to 10:00 P.M.). With the previous ordinance, many adults participating in athletic activities (softball and baseball for example) were in violation of the ordinance if they were to drink an alcoholic beverage after 8:00 P.M. The reason for this amendment is not to expand or encourage "drinking hours" as much as it is necessary to be consistent with the park hours of operation. It is reasonable to allow consumption of alcoholic beverages to occur up 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ,AX EQUAL OPPORTUNITY E."4VmYER to the time the park closes. City Code Section 9-2-7 (B) states that park hours shall be between the hours of 5:00 A.M. and 10:00 P.M. This amendment will make consumption of alcoholic beverages legal and consistent with the park hours of operation. RECOMMENDATION: ALTERNATIVES: ACTION REQUIRED: Staff would recommend that this item be placed on Consent Agenda for approval on June 15, 1992. The Council has the options for discussion: following available 1. Discussion of Ordinance 92-06 amending the City Code Section 9-2-3 (C), then place this item on Consent Agenda for June 15. 2. Discussion to leave the ordinance as is and do not amend the current ordinance. 3. Postpone action for more study by staff. Discussion by Council on the amendment. Staff would then recommend placing this item on the Consent Agenda for adoption on June 15, 1992. Please see attached letter, copies of related park codes, and a draft of Ordinance 92-06 from Attorney Kessel Lommen, Nelson, Cole & Stageberg, P.A. ATTORNEYS AT LAW LEONARD T. JUSTER HENRY H. ALVIN $ MALMON RONALD L PHU.~P A. COLE MARK N. STAGEBERG ROGER V. STAGEBERG GLENN R, KESSEL THOMAS R. JACOBSON JO~N M. GIBLiN JOHN ~ M~B~DE J. CH~PH~ THOMAS F. DOUGHERTY STACEY A. De'LB ~Y NO~ RICHARD L. PLAGENS MICHAEL P. SHROYER EH~CH ~ ~GIE ~ ~D~ J~ ~ ~T $ Certified Civd Trial Specialist · Certified Real Estate Speoalist SOUTHSIDE OFFICE PLAZA. SUITE 1810 CRF.~'V]EW DRIVE · HUDSON. W~CONSIN 5~016 T~.L,E~HON E (715) Twin C~t~ Line (612) ~ ~PLY TO: MIN~O~S 0~ WRJTER~J DIRECT DiAl., NUMBER: 336-9338 May 20, 1992 Mr. Bill Mangan City of Prior Lake 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 Dear Bill: Enclosed please find a draft of Ordinance No. Prior Lake City Code Section 9-2-3(C). JOEL w LINC S. DETER SHERRI D. ULL^ND MARLENE S. GARY,S ~ID ~ LIN~U~ JAMES C. SEARLS JAMES R. JOH~SO% TERRANCEW MOORF. ~NDA O. ~OD C~G D ~USING ~E~ W. ~.~ PA~CK ~ McDE~M~ ~ L~KY ~ ~ ~E~FELD ~Y ~ O~L V. OWEN NELSON .:OHN P. L~MMEN i l~'~' i~ "&~3W.&N SMF~d ~' Ret=red ~ ~ SULLIVAN t Re,,red 92-06 amending Please let me know if you need any changes made to Very truly yours, LOMMEN, NELSON, COLE GRK:sjf Enc. ~lenn R. Kessel the draft. & STAGEBERG, P.A. CITY OF PRIOR LAKE ORDINANCE NO. 92-06 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 9-2-3(C). The City Council of the City of Prior Lake does hereby ordain: Section 9-2-3(C) of Prior Lake City Code is hereby amended to read as follows: (c) Consume any alcoholic beverage, whether "intoxicating liquor" or "nonintoxicating liquor", in any park between the hours of ten o'clock (10:00) P.M. and five o'clock (5:001 A.M. with the exception of City scheduled activities or with the written permission of the Parks and Recreation Director. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of , 1992. ATTEST: ~ity Manager Mayor Published in the Prior Lake American on the , 1992. day of Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Cen~er Minneapolis, Minnesota 55402 9-2-2 9--2-3 DRUGS: Any subatance defined es e controlled sul~tence by Chapter 152, Minnesota or other Statutes of Federal laws or regulations. 9-2-3: CF. NERAI. CONDLICT: It shall be unlawful for any person to: (A) Use threatening, abusive, insulting, obscene or indecent language or to act in an indecent manner, or to do any act which constitutes a breach of the public peace in a park. (Ord. 77-5, 6-27.77) (B) Have in possession or bring into a park "nonintoxicating" or "intoxicating" malt liquor or beer in kegs or barrels without a permit from the Park Dire, tm. (Ord. 78-10, 6-26-78) me any alcoholic beverage, whether "intoxicating liquor" or "nonintoxicating liquor' in a park after eight o'clock (8:00) P.M; and . . before the park is open the following day. (D) Disturb, harass or interfere with any park visitor or e park visitor's property. ' (E) Deposit, scatter, drop or abandon in a park any bottles, cans, broken glass, sewage, waste or other material, except in receptacles provided by such purposes. (F) Enter e park with glass beverage bottles or glass beverage containen. ' (G) Dig trenches or make other excavations in a park. (H) Throw, discharge or place in or upon any lake, stream, creek, pond or other body of water in or adjacent to a park, or any tributary, stream, storm sewer or drain flowing into such waters, any substance, liquid or gas. (I) Gamble or participate in any game of chance in a park. (J) Use am/ land or body of water within e park for a starting or lending field for aircraft, balloons or parachutes, without a permit from the Park Director. (K) Start a fire in a park, except a small fire for culinary purposes in a designated area, or fail to fully extinguish such a fire. (L) Drop, throw or otherwise leave unattended in a park, lighted matches, burning cigars, cigarettes, tobacco, paper or other combustible materials. 9-2-5-7 9-2-7 9-2-5-7: MEETINGS, SPEECHES, DEMONSTRATIONS AND PARADES: It shall be unlawful for any person to conduct public meetings, assemblies, ente~ainments, parades or demonstrations within a park without first obtaining a written permit from the Park Director, and then only in the area designated in the permit. 9-2-6: YEHICLF~: 9-2-6-1: VEHICLES: It shall be unlawful for any person to: (A) Operate any vehicle within a park except upon designated roadways and parking areas. (El) Operate a vehicle in a park at a speed in excess of posted speed limits. (c) Park or leave a vehicle standing within a park except at a designated parking ~rea. (D) Operate a vehicle which emits excessive or unusual noise, noxious fumes, dense smoke or other polluting matter. (E) Operate a vehicle in a reckless or careless manner in a park. (F) Wash, polish, grease, change oil or repair any vehicle in a park. 9-2-6-2: (A) (B) MOTORIZED RECREATION VEHICLES: It shall be unlawful for a~y person to: Operate a motorized recreation vehicle within a park except on designated roadways and parking areas. Operate a snowmobile within a park other than on designated trails within the park.for snowmobile traffic. 9-2-7: PARK OPERATION: (A) A perso~ may be granted a permit for temporary exclusive use of reserved space within a park. (Ord. 77-5, 6-27-77) Tperson shall, remain within a park between the hours of ten o'clock (10:00) . and five o clock (5:00) A.M. with the exception of City.scheduled activ- or with the written permission of the Parks and Recreation Director. (Ord. · 11-10-86) 1187 December 20, 1991 AOI~IDA :I?l~q # 7 AT?ACi-Dt~? ~ To the Prior Lake City Council and N&yor: This petition represents five establishments that are currently operating with a Prior Lake liquor license. We employ over 156 people. We recognize the need for an increase of our liquor license fee. We have all experienced the effect of inflation on our own businesses. However, we feel that the proposed increase of from $4,750 to $5,500 cannot be justified. The intent of the license fee is to compensate the municipality for the cost of administration and inspection, not as a source of revenue for the city budget. If you look comparatively to the surrounding municipalities, you will clearly see the disparity between the license fees. The average'fee is $3,107. The fees range from $1,500 to $5,000 for Jordan, New Prague, Farmington, Lakeville, Chaska, Eagan. We know, according to Police Chief Dick Powell, that our businesses do not require an excessive amount of police calls or service. These two facts combined with the trend of decreased liquor sales over the last three years make the proposed increase unjustifiable. Has the City investigated the ratio of food sales to alcohol sales in their comparisons? With the exception of one or two establishments, you will find that our liquor sales are significantly lower than Bloomington, Burnsville, or Eagan. We are primarily in the food business. We have maintained a good reputation in the community not only for the enjoyment we provide to our customers, but for our contributions toward public service. We believe we have been overlooked in this area. All of us contribute to local charities, fundraisers, school, and community events. We can accept a small increase to keep up with inflation. We don't want to be forced to raise cur prices which would be a great disappointment to our loyal Prior Lake clientele. Please consider our view carefully, not only from a community standpoint but from a business standpoint as well. Hopefully, your reconsideration will result in negotiatiop, We are very willing to negotiate the amount of ~h~ increase. It is our goal to continue to build upon our good reputation with the City of Prior Lake and its citizens. Hollywood Sar & Grill T.J. Hooligan's McWillies on the Lake Extra-Innings Saloon In-Cahoots Night Club AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 6 KAY SCHMUDLACH, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF COMMUNITY OPPORTUNITY PROGRAM JUNE 1, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: In Februar~ of 1992, Councilmember Tom Kedrowski introduced staff and fellow Councilmembers to a program currently being used in Roseville called the Donor Opportunity Program. The Roseville Donor Opportunity Catalog was reviewed and Council direction to proceed with a similar program in Prior Lake was given to Mr. Kedrowskl and staff. The efforts of individuals participating in this activity have been designed to create a document that could be used to assist individuals, organizations and corporations in designating funds for donations. A draft document was presented to the City Council on May 4, and comments requested on May 18. The attached final draft is being presented to the City Council for formal approval. One of the initial tasks in this project was to create an outline of the program criteria. The program criteria listed the timeframe, program purpose, eligible projects, catalog criteria, financial limitations, distribution, and recognition. See attached memo for reference The program criteria assisted staff in iisting eligible donations, equipment and programs. Each department submitted several ideas for donations. The donations have been reviewed and organized by department. The proposed Community Opportunity Catalog includes a variety of equipment and projects that are important to Prior Lake. The equipment listed may or may not be a part of our Capital Improvement Program depending on the value. Equipment under $500.00 is not budgeted for through the Capital Improvement process. Projects may or may not be those completed previously by other volunteer groups such as the Girl Scouts Adopt-A-Park program. 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 ; Ph i612) 447-4230 Fax 612) 447-4245 .AN EQUAL OPPORTUNITY LM?LCYER The distribution of the catalogs will be through local service clubs, youth organizations and churches. Other businesses and individuals who request the catalog or offer to make donations will receive copies to facilitate their ideas. The actual printing of the catalog will be completed as soon as Council approves the draft. Staff has a quote from Prior Prints for $1,300.00 to print 1,000 copies. Staff believes this is an adequate number of copies for the first year of the program. The cost will be covered through funds in the city Manager's Communication Budget. The Community Opportunity Catalog is designed to get the community more involved in making public improvements happen. The document will assist the community by providing them with alternative ideas to choose from. Some of the donations, projects and equipment listed may not appeal to the clubs and individuals but all were included for the first year. After one year staff and Council will have a better idea of the projects and equipment that interest people, and we can fine tune the program in future years based on our first year experience. RECOMMENDATION: Councilmember Kedrowski and staff believe the draft is a solid working document. The Council is being recommended to approve the draft for publication and distribution in June. Any suggested clarification in language or wording is encouraged from the Council. ALTERNATIVES: The City Council has the following alternatives. The city Council can approve the draft Community Opportunity Catalog as written. The City Council can modify the draft and approve the document subject to modifications. The city Council can table the discussion for a specific reason. The city Council can postpone the project until a later date. ACTION REQUIRED: The City Council is asked to approve the Community Opportunity Catalog (alternatives 1 or 2) using funds from the City's Communication Fund to cover the costs. COMMUNITY OPPORTUNITY CATALOG PROGRAM CRITERIA FEBRUARY 1992 Coordinator: Time Frame: Program Purpose: Eligible Project: Catalog Criteria: Financial Limitations: Tom Kedrowski/Kay Schmudlach Initiation - February 1992 Draft Document - March 15, 1992 Project Review - Internally March 30, 1992 Project Review Council April 15, 1992 Publication - May 1, 1992 Presentation - May-August 1992 To encourage private donations to the City from individuals, corporations and service clubs through the cataloging and publication City needs. Ail items and/or contributions that provide benefit to the community. Items may include park features such as benches/tables/pavilion or improvement projects such as trash collection/flower plantings. Items also eligible are equipment or machinery that enhances staff's ability to perform their jobs more efficiently i.e. computer equipment, fire trucks. Community service projects such as painting fire hydrants that are time intensive are excellent candidates. For each project that is added to the list, the following information should be provided: 1) project description and location (if applicable), 2) value of the project or anticipated time commitment, 3) time frame for completion. Ideally at least 25% of the catalog ideas will be time requests (versus cash requests). The scope of these catalog items is intended to be less than $20,000 for a one year request. Items such as park improvement, or fire truck purchases, that may be in excess of $20,000 should be presented in a multiple year time frame. Distribution: Recognition: One thousand program catalogs will be printed professionally for not more than $1,300.00. The cost will be covered by funds in the 1992 Communication Budget and budgeted for in future years if continued. The catalog will be presented to organizations as listed below. Individuals and corporations will be encouraged to participate through a promotion campaign in the local newspaper and the wavelength newsletter. Ail local community service clubs Ail churches Ail youth organizations A key element to this program's success will be providing recognition to participants. S~g~estions are requested in this area. At a minimum, program participants and their respective projects should be highlighted in the next years publication. DRAI:T CITY OF PRIOR LAKE DRAFT COMMUNITY OPPORTUNITY CATALOG June 1992 Dear Prior Lake Residents: The City of Prior Lake has been the recipient of generous donations from residents for many years. A wide variety of gifts in the form of volunteer time, dedicated memorials, equipment, and cash donations have been received from individuals, organizations and corporations. Each and every one has enriched our society and resident's appreciation of community. The City Council would like to encourage continuation of these efforts and provide a means to contribute with our rich tradition of the great contributions made over the past couple of years by offering this Community Opportunity Catalog. The catalog is designed to focus volunteer efforts and donations on those areas that we believe to be the most crucial at this time. In some areas, these activities may be considered for budget cuts if state and federal intergovernmental aid continues as anticipated. Some of the ~rojects and activities listed are ongoing, others are one time contributions. Both are equally important and would be a wonderful investment in the Prior Lake community. Thank you for continued support. TABLE OF CONTENTS Introduction Page 1 II. 1991 Volunteer/Donation Highlights III. Parks & Recreation IV. Police 5 Ve Fire 6 VI. Community Development 7 VII. Community Opportunity Activities 10 "DONOR2" I. INTRODUCTION Prior Lake is rich with individuals and community service organizations who make contributions to the City. Prior Lake encourages those contributions and offers this Community Opportunity Catalog as potential projects for consideration. Each of the listed projects is important in meeting the needs of the community. Some of the activities require a donation of time and may be excellent community projects for youth organizations. Other projects require a cash contribution and may be more appropriate for consideration by organized community service clubs. To use this catalog, just browse through the opportunities listed and select those that you feel you may interested in exploring. Then fill in the form on the final page and return it to City Hall. You will receive a call from a Council or staff person in approximately one week. An explanation of the contribution and the justification for the request will be provided. Please do not hesitate to call if you have any concerns, questions, or any ideas to include in this catalog. II. 1991 VOLUNTEER/DONATION HIGHLIGHTS The City of Prior Lake received many generous contributions in 1991. The City Council and staff would like to highlight several to recognize the significance of these activities. Centennial Celebration Probably the most labor intensive effort ever promoted by the City. The community mobilized a 40 member committee who dedicated time, talent and energy for three years of service to the planning, fund raising, and implementation of a City Centennial Festival. These volunteers should be applauded for their generous efforts and great success. In addition to the time donated, the City Council and staff would like to recognize the numerous businesses and service organizations who gave time after time to the Centennial effort. Congratulations on a great community celebration! Sand Point Park The Lions Club have adopted Sand Point Park and committed $100,000 in a 5 year ~lan to the improvement of the park. Park improvements in 1991 Included the addition of trails, tree planting and landscaping, and the construction of a beautiful park pavilion. Thank you to the Lions Club for its leadership in park improvements. Memorial Park The Veterans of Foreign Wars have made an equally significant contribution to the improvement of Memorial Park. In 1991 the VFW donated funds for the construction of the new bleachers and press box. Great job VFW! III. PARKS & RECREATION Fishinq Pier Construct an 80'-100' fishing pier to allow better access to the lake for handicapped persons and to provide for public fishing. Location to be determined. Sponsorship can be in the form of Approximately $20,000 needed. materials or money. Playground Equipment Compliment neighborhood park facilities with additional pieces of playground equipment. Possible pieces include: Benches, shelters, free play structures, and game courts. Program costs range from $150 to $5,000 per piece of equipment. Community Trails Help fulfill our resident's number one goal by donating funds for a segment of the trail/bikeway network. Trail priorities have been identified, but funding is limited. The goal is to have Prior Lake completely linked by the year 2000. Costs are $10/linear foot. A minimum of 25' is required. Scholarship Program This ongoing program cannot afford to Recreation programs. provides opportunities for children who participate in City sponsored Parks and Cost for programs vary. A request of $10.00 - $200.00 would be appreciated to cover several activities. Scoreboards for Athletics Electronic scoreboards add to the appeal and promotion of youth and adult athletics. Medium to large electronic scoreboards would greatly enhance the numerous athletic fields. Costs for boards would range from $750 to $15,000. Plantinq/Landscape Proqram Beautification of our public/open spaces is important. Plantings of trees, plant material, and flowers could be sponsored by individuals or organizations. Costs range from $50 to $200. 3 Centennial Plaza The Centennial Committee has sold personalized bricks that will provide the materials for a plaza to be located in front of City Hall. Additional materials are needed to complete the park including plant materials, park benches, flag poles, etc. Sponsorship can be in the brick, materials or money. materials $150 - $2000. form of purchasing a personalized Costs will vary from bricks $25.00 or Wildflowers along Highway 13 Planting wild flowers along Highway 13 will beautify Prior Lake and reduce maintenance cost. This project is ideal for a youth group. Sponsorship will require a contribution of time and a minimal amount of cost - $200. Bird Feeders/Habitat Nests Construction and placement of bird feeders and nesting boxes would be an excellent class project and have a significant impact on the preservation of wildlife in our community parks. Another class project could be monitoring the activity in the nests. Sponsorship will require a time commitment and minimal costs materials of $250. for Beach Boat A beach boat would assist beach attendants determine swim area boundaries. in buoy mooring Estimated cost for the beach boat is $750. Park Improvement - Hiqhway 13 & Main Avenue The City would like to improve the aesthetics at Main Avenue & Highway 13 by creating a park on the small strip of land currently used for storage. Improvements proposed include adding benches, tables, planting and a small parking lot. Estimated cost for this activity is $20,000. Penny Carnival The City hosts weekly penny carnivals as part of the summer playground program. Any organization could sponsor this event by providing staffing. Estimated time contribution - 7 hours. to 4 IV. POLICE Lockers Personal and evidentiary lockers in the Police Department are important and are in need. Estimated project cost is $1,000. Computer Terminals The Police Department is in need of seven (7) IBM compatible terminals personal computers for use by the Police Department. Estimated project cost is $10,000. Paper and Record Filing Assistance The Police Department is in need of a volunteer to assist the department in filing reports. The estimated time commitment would be approximately 1/2 hour per day or 2 1/2 - 3 hours per week (one person). Satellite Dish for Training Frequently nationwide training is provided to law enforcement officials through the law enforcement training network. In order for the City to participate in this activity, a satellite dish is necessary. Estimated cost is $3,000. Computer Software The Police Department could use specialized law enforcement computer software to facilitate their filing and analysis of Police Department data. The cost would be approximately $5,000. Video Cameras It is important for the Police Department to have access to video cameras to use in their day-to-day operations. Estimated cost would be $8,000 or $2,000 for each squad car. Squad Car Prior Lake Police Department currently o~erate with four (4) squad cars. An additional squad car would give the Department additional flexibility. Costs for a squad car would be approximately $17,000. V. FIRE Maintenance E~uiDment The Fire Department regularly replaces small tools and equipment and turn out gear in order to maintain maximum safety and efficiency. Costs for the tools and equipment replacement would range between $25 and $500. Pumper Truck The Fire Department would like to replace an outdated pumper truck with a larger capacity truck. The pumper truck is used to fight fires when water is not readily available i.e. grass fires and fires in the townships. Costs for this piece of equipment is between $225,000 and $250,000. VI. COMMUNITY DEVELOPMENT Waterfront Passage Entry Monument The draft of the City's comprehensive ~lan has identified County Road 21 from County Road 42 to Highway 13 as the Waterfront Passage. Entry monuments into these areas would identify this area and set it apart as a tribute to our heritage. Two monuments, possibly of sailboats, would be necessary to implement this theme. Cost would range from $15,000 - $30,000 each. Decorative Street Lights The City is working with downtown property owners on a possible redevelopment project. % possibility of decorative street light fixtures would certainly improve the aesthetics in the downtown area and reduce the costly improvements to the property owners. Brass engraved nameplates are available and could be attached to the fixture indicating the individual or party that has donated the street lights. Estimated cost is $150 - $250 each. Christmas Light Fountains The City has initiated a series of fountains that should be incorporated into the improvements city-wide. One would be a winter fountain that is made out of lights that could be placed in the Ponds that are adjacent to County Road 21. One being directly adjacent to the Methodist Church and the other right off of Franklin Trail. Estimated cost for this would be approximately $3,000 each. or $1,500 Christmas Tree Lights for County Road 21 In an effort to decorate the County Road 21 waterfront passage area for the Christmas season, the Christmas tree lights have been suggested. Estimated cost for this would be approximately $2,000. Entry Monuments The City has discussed creating new and re~lacing the existing Entry Monuments at all the major entries into Prior Lake. Approximately five (5) Entry Monuments would be needed. A volunteer or a donation of time to design the Entry Monuments along with cost for constructing those would be proposed. Estimated cost is unknown at this time. Fountains There are five (5) sights identified for the placement of fountains. Prior Lake being a water oriented city could certainly benefit from the placement of these fountains at public sights. The sites identified are the Pond on County Road 21 adjacent to Duluth Avenue, a pond in Lakefront Park, a pond to be located in front of City Hall, and a pond to be created in Heritage Park, and a pond to be created in the park northwest of new bridge. Estimated cost would be approximately $1,500 per fountain. Christmas Decorations Downtown The City has purchased, through donations from the VFW, Christmas decorations for downtown. These decorations need to be upgraded and possibly enhanced. Estimated cost for approximately $5,000. upgrading these decorations would be Fire Hydrant Painting The Fire Department requests that fire hydrants be painted and maintained annually. This program would require a donation of time, possibly by a youth organization, to paint these fire hydrants. Estimated time for painting one hydrant is one half of an hour. Computer Software, Personal Computers, and Laser Printers The City is constantly in need of upgrading the computer hardware and software. The purchase of a laser printer and additional personal computers would certainly help the City become more efficient in their responsibilities. Estimated cost for laser printer is $1250 and a personal computer is $1200. Street Nameplate Replacement The street signs that are located at the corner of every road in Prior Lake need to be replaced from time to time. These plates are expensive and an overall program require implementation over several years. Donation of funds to replace the street plates would facilitate the program. Estimated cost per nameplate is $15. Keystone Retaininq Walls The Public Works Department occasionally does street improvement projects that require landscaping. There are several areas in the City that would require retaining walls. Keystone would be the preferred product. A donation to facilitate these projects would mean that the projects would be realized in 1992 instead of a later date. Estimated cost for these is unknown at this time. An Outdoor Band Gazebo Prior Lake citizens and especially the Windjammer's Community Band have requested that a band gazebo be constructed for many years. The gazebo has not been a high priority and therefore funding has not been set aside. Donation of materials or time or cash to build this could realize this request in the near future. Estimated cost for this is $50,000. Miscellaneous Art/Historical Improvement City of Prior Lake has made limited progress in creating historical monuments or cultural improvement in the City. Possible funding to be set up through a trust for purchases of this type would be a significant improvement to the community. Estimated cost $50,000. for creating the fund would be approximately VII. COMMUNITY OPPORTUNITY ACTIVITIES Community Clean-up Day The City has thought about hosting a community Clean-up Day which would require coordination of groups going through the City public property and neighborhoods. The cost for this program would be minimal. be to coordinate the project. The commitment would Snow Removal Around Fire Hydrants Each winter the Fire Department requests support from residents for cleaning off fire hydrants to allow for easy access in case of a fire. A community organization or neighborhood group could volunteer to do this activity on a weekly or bi-weekly basis, as needed. There is no cost for this project; only a commitment of time. Adopt-a-Park The City has created an Adopt-a-Park ~rogram that would give residents the ability to adopt their neighborhood park in an effort to improve the park facilities. There would be little cost for this activity. The responsibilities will require someone to clean up the park, possibly mow the lawn, and perhaps some additional plantings. Neighborhood Watch Program In order to prevent vandalism, cities are adopting neighborhood park watch programs where neighbors takes shifts in watching the parks and reporting any activity that would not be consistent with normal park usage. SDrinq Clean-up Program for Senior Citizens A coordinated effort could assist seniors in cleaning up their lawns in the spring. There is no cost for this activity; work involves coordination with the schools, youth and residents to assist the seniors. Junior Playground Leaders of Programs The City conducts.a playground program each summer and staffing is based on availability of funds. Creating a junior playground leadership pro, ram would assist the playground leader by having an assistant to help them. The assistant w?uld not be a funded position. The assistant would then be in training for a playground leader position in the following years. 10 Historical Art Commission The ~it~ is interested in creating a historical or an art commission to carry on the tradition established b~ the Centennial Committee. The work associated with this commission would be to donate funds, cultural or artistic improvements if a trust fund is established, and to also create a historical log of happenings in Prior Lake. The Commission could be staffed by a City person but operate independent of the City organization. Park Planting Program The City each year identifies a certain quantity of landscape material that needs to be planted. Classes or organizations could volunteer to plant the materials that are provided by the City. There is no cost in this project but a donation of time. Volunteer Staffing for Library Chamber of Commerce has sorted materials that they would like distributed. The library is a logical location for the distribution of the materials. A volunteer staffing is needed to assist with this. Possibly the senior population from Prior Lake would be interested in assisting with this activity. No cost for this project; only a commitment of time. Business Directory Update For a variety of reasons, the City needs to have a business directory available to assist us in contacting local businesses. The City would request that a student or a youth group take on this activity. There would be no cost; only a commitment of time. Secretarial Support The Police and Fire Departments have the need for additional secretarial support. The Police Department volunteer will work primarily on filing, and the Fire Department volunteer will work on computer 4ara entry. The estimate~time committment would be approximately 1/2 per day or 2 1/2-3 hours per week. hour 11 Public Relations Support The Fire Department is reorganizing to pursue a referendum to approve the construction of a new Fire Station. Any assistance with promotion and education would be greatly appreciated. 12 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 8 SAM LUCAST, ASSOCIATE PLANNER MINERAL EXTRACTION JUNE 1, 1992 INTRODUCTION: BACKGROUND: Ordinance 91-08 regarding the Mineral Extraction moratorium expires August 19, 1992 (attached). This ordinance provided a one year moratorium with an eighteen month extension for new sand and gravel mining operations in Prior Lake. Action must be taken in the near future to extend the moratorium or decide on a permanent solution to the situation. Staff prepared an informational report in March 1992. The report was submitted to the City Council requesting informal feedback. No consensus direction was provided to staff based on the informal feedback. The purpose of this agenda report is to gain direction from the City Council. Staff will review highlights of the report. ALTERNATIVES: ACTION REQUIRED: The City Council has the following alternatives: 1) Take no action, allow moratorium to expire. 2) Take no action, expire and give develop evaluation applications. allow moratorium to staff direction to criteria for future 3) Amend the Zoning Ordinance Comprehensive Plan to prohibit mining. and 4) Request more information. Direct staff in an appropriate direction. 4629 Dakota St. S.E. Prior Lake. Minnesota 55372 / Ph. 612) 447-4230 / Fax 1612) 447-4245 AN EQUAL OPPORTUNITY F-Ni7_3': EF, CITY OF PRIOR LAKE ORDINANCE NO. 91-08 AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE PERMITS FOR MINERAL EXTRACTION IN A-1 AGRICULTURAL AND C-1 CONSERVATION ZONING DISTRICTS. The Council of the City of Prior Lake does hereby ordain: Prior Lake City Code, Title 5, Chapter 6, is hereby amended by adding a new Section 5-6-13 to read as follows: 5-8-13: INTERIM ORDNANCE MORATORIUM: (A) Purpose: Prior Lake City Code Sections 5-3-2; 5-3-3, A-1 Agricultural and C-1 Conservation; 5-6-5, Conditional Uses; and 5-6-6, Variances, establish procedures for an applicant to obtain a conditional use permit for mineral extraction in A-1 Agricultural and C-1 Conservation Districts. The City Council, after discussion, believes that such a use in A-1 Agricultural and C-1 Conservation Districts may have substantial long term detrimental effects on the environment, may impact negatively on the character of the surrounding residential and farming community, may greatly reduce land use options for development within the District and within the community, may have substantial effect on roads, traffic and storm water management and therefore the health, safety and welfare of the citizens of Prior Lake. The City Council deems it necessary to prohibit the granting of any conditional use permit for mineral extractions in A-1 Agricultural and C-1 Conservation Districts until the City of Prior Lake has had a sufficient time for studying this matter to determine whether or not Title 5, Chapter 6, of the Prior Lake City Code needs to be amended. This interim ordinance is therefore adopted, effective upon its date of publication, in accordance with Minnesota Statutes Section 462.355, Subd. 4, for a period of one year from its effective date. The City Council may, by resolution, extend its effect for such additional periods as it deems necessary., for a period not exceeding a total additional period of eighteen (18) months. (B) Ail Extraction Conditional Use Permits Prohibited: No conditional use permit for mineral extraction in A-1 Agricultural and C-1 Conservation Districts shall be granted by the Zoning Administrator, Planning Commission or the City Council of the City of Prior Lake for a period of one year from the date this ordinance is effective or for an additional period of eighteen (18) months, if extended by resolution by the City Council, or the date upon which the City has concluded its planning process to determine whether or not the City Zonin~ Code should be amended to address issues presented with regard to conditional use permit applications for mineral extraction in A-1 Agricultural and C-1 Conservation Districts and taken action on the findings, whichever is earlier. (c) Enforcement: In the event any individual, partnership, corporation or other legal entity shall co.mmence mineral extraction in A-1 Agricultural and/or C-1 Conservation Districts after the effective date of this ordinance without a valid previously issued conditional use permit, it or they shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine not to exceed seven hundred dollars ($700.00) or by imprisonment for a term not to exceed ninety(90! days, or both, for each offense. Each day a violation is permitted to exist shall constitute a separate offense. The City Manager, Assistant City Manager, City Planner, Assistant City Planner, Building Inspector and City Engineer shall have the power to issue citations for violation of this section in lieu of arrest or continued detention. In addition, any violation of this title may be enjoined by the City Council through proper legal channels. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of Au~ou~ , 1991. City Manager Published in the Prior Lake American on the 2~d day of Set~.o_mbe.~ , 1991. Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 HERITAGE COMMUNITY 1891 1991 INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: SAM LUCAST, ASSOCIATE PLANNER LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS MINERAL EXTRACTION MARCH 18, 1992 The mineral deposits in Prior Lake are sand and gravel and not limestone. These deposits are valuable resources as demonstrated by Prior Lake Aggregates business. Scott County utilizes a lot of Pearson's mater~al for heavy road subgrade structure for their County roads. The City of Prior Lake does not use sand and gravel in its streets with lighter urban sections. The reason is that the sand and gravel does not seal the subgrade during construction and many construction problems arise in an urban section with the use of sand and gravel versus limestone. Another problem with mining is the effect that the trucks have on local streets from both a structural standpoint and complaints from residents. Depending on the location of the mine, trucks may use residential streets as haul roads. These roads may or may not have been built to structurally carry the loads. Even if built to carry the typical nine (9) ton load designation; it is the number of truck loadings which determine the life of a street. Typically, one legally loaded truck is eguivalent to 6,000 trips by cars; this number of equivalent trips goes up exponentially with the weight overloading. A street such as Fish Point Road (south of T.H. 13) or Franklin Trail was constructed to State Aid Standards and trucks cannot be prevented from using them. This deteriorates the structural life as well as residential quality if trucks pursue their use. Streets with lower structural design can still be structurally used by trucks which are empty for the return trip. Those trips shorten the life of the street and reduce the residential character of an area. There is no legal way to keep the trucks off of a road other than load restrictions. Mining needs to be evaluated from all aspects with both pros and cons. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE COMM ITY 1891 1991 "GRVMEM" MEMO DATE: TO: FROM: RE: MARC}{ 16, 1992 MAYOR, CITY COUNCIL, CITY MANAGER, DIRECTOR OF PLANNING SAM LUCAST ASSOCIATE PLANNER MINERAL EXTRACTION - SAND AND GRAVEL OPERATIONS In August 1991 the Prior Lake City Council requested information pertaining to mineral extraction. The attached "Gravel" Memo contains information on sand and gravel mining. The action taken in Ordinance 91-08 allows a one (1) year moratorium on mineral extraction with an eighteen month extension option. The moratorium will expire August 19, 1992. The Memo ~rovides information to assist in making a decision on this issue. Possible alternatives include: 1) Allow the moratorium to expire. Currently mineral extraction is only allowed by Conditional Use (C/U) in A-1 and C-1 zones. The likelihood of any successful mineral extraction operation in Prior Lake is very small. 2) Suggest Zoning Ordinance or Comprehensive Plan changes to address a possible mineral extraction application. a) Define detailed standards to address C/U mining. The Prior Lake Zoning Ordinance conditions may not provide stringent criteria to regulate a mining operation. b) Not allow mining as a C/U c) Allow only in designated zones with standards applicable to mining. detailed 3) Request more information Staff is seeking direction from you memorandum. Please reply to me or Dave written form by Friday, April 3, 1992. upon review of the Unmacht in oral or 4629 Dakota St. S.E., Prior l_~ke, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 HERITAGE COIV[MUNn 1891 1991 "GRAVEL' DATE: TO: FROM: RE: MEMO 1-13-92 MAYOR, CITY COUNCIL, CITY MANAGER, DIRECTOR OF PLANNING SAM LUCAST ASSOCIATE PLANNER MINERAL EXTRACTION SAND AND GRAVEL OPERATIONS The purpose of this memo is to inform interested parties of basic facts on the operation of sand and gravel mining. INTRODUCTION The surface and subsurface materials in and around the City of Prior Lake, Minnesota are the direct result of glacial deposits. The typical extractable resources are peat, sand, and gravel. In this area primarily sand and gravel are extracted. Small isolated pockets of soil which typically contain peat exist, but are not mined The demand for peat does not appear great and the locations do ~ot lend themselves to large scale extraction due to proximity of development or other natural resources. Therefore sand and gravel operations are the main focus of research. Sand and gravel operations are an essential part of development for the metropolitan area. High grade, clean sand is necessary for the manufacture of concrete blocks. Sand and varying sizes of aggregate (rocks) are ingredients in concrete which is used for road and other construction projects. Aggregate is a component in bituminous paving as well as the base for both concrete and bituminous roadways. In Protecting Aggregate Resources in the Twin Cities Metropolitan Area dated November 1985, the Metropolitan Council believes there is an adequate supply of these materials, but their use and supply should be monitored. The deposits occur naturally. They were deposited by glaciers and their exact amounts vary from area to area. An aggregate operator stated there i~ no aggregate south of Farmlngton, Minnesota and we are rapidly approaching Farmington's northern boundary. Please see Figure 1. He also stated Prior Lake Aggregate has some of the finest rock in the area. Therefore wise management of these resources is encouraged. LOCATION The United States Soil Conservation Service published Soils of Prior Lake in 1980. It is a map and narrative about the surface soils of Prior Lake. Surface soils are those which are found to a depth of 5 (five) feet. Soils and other material dee~er than five feet are described in a 1982 University of Minnesota publication Geologic Atlas of Scott County, Minnesota. According 4629 Dal~ta SI. S.E,, Prior Laka Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 Figure 1.OENERALIZED DISTRIBUTION OF MAJOR 8AND AND GRAVEL DEPOSITS IN THE TWIN CITIES METROPOLITAN AREA A~oka Hennepln Scott N Olkote 0 $ 10 15 20 Mllea Terrace Sand end Gravel (mixture of northwest end northealt source Irell) Dee Molnes Lobe Ind Grantsburg Sublobe Sand and Gravel (northwelt Iource erea, mixed with variable amountl from northeast IOUrCl Ifil) Superior Lobe Sand and Gravel (northeast aource area) Generalized Urban Land, lg78 (Including approved public open space) $ourcea: Minnesota Geological Survey, _Aggregate Resources Invsntor}(,of the Seven-qcunt¥ Metropolitan Area; Metropolitan Council to these sources, the area surrounding Prior Lake has both SURFACE and SUBSURFACE deposits of sand and gravel suitable for extraction. This means ANY AREA IN PRIOR LAKE CAN CONCEIVABLY SUPPORT A GRAVEL PIT. The surface soils are indicated on a map in the Planning Department which cannot be reduced and still show any detail. It is to be used as an overlay with the base map. Figure 2 shows general locations of SURFACE soil suitable for sand and g~avel mining. The surface soil containing gravel suitable for mining is located in Section i east of the Brooksville Hills area and south toward Markley Lake. The soil continues east outside of the city limits. Sections 2 and 3 have suitable soils in the Five Hawks, 170th Street and Highway 13 intersection areas. Also west of the intersection between 170th Street and Highway 13 in the vacant area is gravel mining soil. On1¥ the area in Section i appears large enough to be developed without encroaching on residential areas. Conversations with operators indicate space between different land uses is essential. The smaller areas do not appear to have enough space to adequately buffer adjacent non-mining uses. SOIL TYPES The SUBSURFACE material, as indicated in the Geologic Atlas, is below five feet in depth. This material occurs as the result of glacial deposits. A xeroxed section of the map of the type of deposits present in Scott County indicates types dh and dl are the most common and COVER VIRTUALLY ALL OF PRIOR LAKE. Please see Figure 3. The dh type material contains the aggregate necessary to make concrete. It also contains shale, clay, and perhaps chert which are not desirable for inclusion in concrete and must be separated. The di type material is a mixture of sand, clay, silt, gravel, cobbles, and boulders. It is also suitable for concrete. Both materials have mining potential, but are distributed in almost a random manner depending on the material and the glacial action. Glaciers by their nature move slowly and gouge out, in some cases, huge areas of rocks, soil, or anything else in their path. When the glaciers stalled, began melting and retreating, they deposited the material in different ways. Actual lakes and rivers formed from the glacial meltwater. Small light material was carried downstream in the river and deposited when the force could no longer carry it. In areas where lakes formed, the material settled to the bottom. Some of the larger materials did not move at all and were deposited where the glacier stopped. That explains why the deposits are irregular and materials vary. It appears the necessary materials exist all around Prior Lake to one degree or another. It also appears the surrounding land uses are as limiting a factor as the actual deposits themselves. For further information on a gravel mining operation, see below. SAND AND GRAVEL MINING The appropriate permits and licenses must be obtained before any type of mining begins. Generally, a Conditional Use (C/U) permit is required. Conditions range from hours of operation to ~z FIGURE 3. SCOTT COUNTY SUBSURFACE SOIL DEPOSITS di dh II i I The di and dh mat~ria! are suitable for sravel mining. These subsurface materials cover nearly all of the Prior Lake area. Subsurface materials begin ac a depth of approximately five feet belov the surface. environmental issues, noise, dust, vibration, traffic, erosion, tracking material off the site, water useage, reclamation plans, and bonds posted for road damage. ISSUES Environmental issues are usually handled through the County Department of Environmental Health or the LGU (Local Governmental Unit). Either an Environmental Impact Statement (EIS) or Environmental Assessment Worksheet (EAW) is processed by the department. The size and depth of the pit, and proximity to the water table are common issues which concern the health department. A reclamation plan is an important part of the C/U permit. A bond is posted to assure the site is reclaimed according to the submitted plan. The basic idea in reclamation is to have a useable piece of land when the mining is finished. Reclaimed sites range from man made lakes to farm fields to sites for shopping malls or other large buildings. Funds from the gravel tax are set aside to reclaim a site in the event of bankruptcy or other financial problems which do not allow the operator to reclaim the site. The gravel or Aggregate Material Tax (MS 298.75) is collected quarterly by the county on basically the honor system. The operator submits a report of the amount of material removed from the site to the County Auditor. The tax is based on a tonnage or volume amount. It is ten cents per cubic yard or seven cents per ton. The County Board may decide not to impose the tax if in the previous year the operator removed less than 20,000 tons or 14,000 cubic yards of material. The tax shall be imposed on aggregate material produced in the county when transported from the extraction site or sold. Sixty percent of the tax goes to the county road and bridge fund for maintenance, construction and reconstruction. Thirty percent goes to cities and towns for their road and bridge fund, or into their general fund as determined by the county board. Ten percent goes to a special reserve fund for reclamation as previously mentioned. If there are no areas to reclaim, the money goes to the county road and bridge fund. OPERATIONS The size of operations vary greatly from a small beginning site like Eureka Sand and Gravel in Lakeville with 75 acres, to a huge operation like Fisher Sand and Gravel in Apple Valley with a total of 760 acres or 1.2 square miles. The advantage of having a large site is the buffer zone available. A large operation ~ay locate the noisier processes in the center of the property, using the rest of it as a cushion from adjacent land owners. Regardless of size, each operator I spoke with stressed the importance of being a good neighbor. Most operations process the aggregate in some manner. Common processes are sizing, washing, crushing, and settling. Sizing is merely running the product through screens of different sizes to separate the material for appropriate uses. Washing is removing undesirable soil and similar material from sand and gravel. Operators use water from wells, their own lakes, or water from the water table if they excavate deep enough. Dirty water is channeled to sediment ponds where suspended particles settle out. The water is then cleaned by filters or additional ponds, and recycled. Northwestern Aggregate has pumps with 1800 - 2000 gallon per minute capacities to pump the recycled water from their ten acre lake. Pat Lynch, DNR Hydrologist, stated in a phone conversation, generally there is not a water quality problem as far as the used water is concerned. It does not contain harmful contaminants because of the washing process. Problems could occur if a natural watercourse was used as a sediment pond. The sedimentation and siltation could lead to turbid water. Crushing rock is another common process. The crusher is fed larger rock by conveyors or a drive over feeding system. The drive over is fed by a Euclid, a large capacity belly dump truck. This can be a noisy operation and is best located in the center of the pit at a low elevation, or enclosed in a building. Photos of an actual gravel pit and equipment are available on request. Sediment ponds receive the fine particles which settle out of the wash water. Usually once or twice per year the ponds are mucked out. The sediment is removed and spread out to dry. It can be used as fill for reclamation, when dry. PRODUCT USES Mining operations produce a variety of end products. Sand and gravel operations can produce high quality sand for concrete and blocks. Lower quality sand is used for applying to roads in the winter, while lowest quality is fill material. Rock, whether crushed or "natural", is used in septic system trenches, drain tile systems, on flat roofs, as base for paving, in concrete, and for decoration or landscaping. Limestone operations produce rock with the same uses as above. However, there are additional uses unique to limestone. The particles removed from sediment ponds are resold as ag-lime and used for fertilizer. Asphalt plants make a variety of products from limestone including shingles and tar paper. Limestone can also be cut and used as a building material. HOURS Mining operations are basically seasonal in nature. Many operations operate with a skeleton crew from November or December until March. During the slack time maintenance and major repairs occur. A few operations remain open to service contractual obligations with redi-mix or asphalt plants. Huge stockpiles of roduct are available for year-round use as needed. These nclude washed sand and aggregate for redi-mix plants, and road sand for application on icy roads. During peak season many pits begin work at 6:00 or 7:00 AM and continue to work until 10:00 PM or midnight. Some run 24 hours a day. Other operations close at 5:00 or 6:00 PM. Ail functions after normal business hours are quiet activities that do not disturb neighbors. Crushing, truck hauling, and other activities deemed disruptive can be regulated through the conditions of the C/U permit. PROBLEMS ASSOCIATED WITH MINING AND THEIR SOLUTIONS For every problem there is a solution, mining problems are no different. These problems affect the operator as well as the affected individuals. Common problems include dust, noise, traffic, material tracking, erosion, drainage, sedimentation, and water usage/recycling. Ail operators I spoke with went to great lengths to make sure these problems do not occur with their businesses. Dust control is a never ending task. The usual method of control is wetting the piles of product. Eureka S&G uses magnesium chloride and water to control dust. Magnesium chloride removes moisture from the air and keeps the product moist. Water is then applied less frequently. Northwestern employs one person full time in peak season just to water the ?iles for dust control. Many operations berm the perimeter of their site. This feature has a threefold effect. Aesthetically, it hides the operation. Practically, it helps control wind and therefore erosion and dust. Neighborly, it muffles noise. Noise does not appear that difficult to control and operators make the choice on the lengths to which they go to control it. Mufflers on the heavy equipment used in removing the product can minimize engine noise. If crushers are used they can be located in the lower elevations of the site or enclosed by berms. Hours play an important part in noise tolerance. During "normal" business hours people are much more tolerant of noise. As stated earlier, noisy tasks are done during the day. Traffic, an~the negative aspects associated with it, is an issue of being considerate. Virtually all of the product removed from a site leaves by truck. Loaded trucks accelerate slowly and lose spee4 on most hills. Many operations have independent haulers come to the site or contract with specialized fleets to haul their product. This limits the control mine operators have over actions of the drivers and quality of the vehicles. By definition a turbocharger is a muffler. Therefore turbocharged diesel trucks can, and do, legally run straight, unmuffled, exhaust pipes. Many diesels are turbocharged. However, most trucks have mufflers and are reasonably quiet, but louder than passenger vehicles. Consideration for neighbors consists of limited hauling hours. Consideration for other drivers is normal road courtesy and safe driving. The ingress and egress can affect both neighbors and drivers. A driveway with good sight lines improves acceleration and deceleration. Placement away from property edges decreases the noise when the trucks begin to accelerate. Tracking material off of the site is relatively easy to control. A popular a~proach is to have a gravel driveway to clean the tires initially and a paved drive closer to the road. Gravel pits have fewer problems than sand operations Just by their nature. Neither o~eration has the tracking problem associated with a new construction site - mud covered streets. That is not to say no material is ever tracked off site, but much less than what immediately comes to mind. Conditions in the C/U permit can address this issue. If it is a chronic ~roblem on site measures should be taken to more effectively limit the amount of material tracked off site. Erosion is more of a problem for the operator than the residents. The reclamation pr?cess addresses ground cover to limit erosion. When a site is being reclaimed, slopes are stabilized with plant matter to limit wind and water erosion. Depending on the status of reclamation, weeds may be allowed to grow or a seed mixture and trees used for final reclamation. Also a planted and landscaped berm surrounding the site helps control erosion. Drainage and control of water from natural sources and processing affect the operator not the public. When mining a large open space rain water will end up in the bottom of the pit. It is unavoidable. Controlling this water over a one mile area is a significant task. Some operators channel it to a deep unused portion of the pit while others channel it toward a lake which is the end product of their reclamation. In any case it should be contained on site and not diverted to a storm sewer. Apple Valley inadvertently diverted their storm water drainage into one of Fisher Sand and Gravel's pits. As a result Apple Valley took control of that portion of the pit and must resolve the drainage problem. Theoretically, any problem related to sand and gravel mining can be resolved. In the real world situations are different. All problems still have solutions, but money and personalities come into play. It takes a constant effort to run a good operation and address the concerns of neighbors. The C/U permit allows potential problems to be controlled before they become large. OTHER CONSIDERATIONS To effectively plan for long range land use one must be aware of all aspects of a proposed use. This section contains the "other" categories, considerations which did not fit in anywhere else. Sand and gravel operations employ from a few to sixty people. It is seasonal work, very busy from spring to fall, and slow in the winter. Jobs range from truck dr~vers and heavy equipment operators to mechanics and office personnel. Depending upon what additional facilities are present on the site determines what other jobs are available. Some mines have a concrete block, asphalt, or redi-mix operation on site. l0 spin off e~ploy~ent or increased business is speculativ? and may be nonexistent for Prior Lake. However, it may also trigger new business. Most, if not all, heavy equipment maintenance is done on site and parts would probably not be purchased here. Truck maintenance and service would depend on whether or not the trucks are part of a fleet, owned by the mine, or owned by private individuals. Prior Lake has no heavy truck repairing at this time, but may attract some in the future. If the mine owned trucks the chances would be greater for local business. Fleets and ~rivate individuals usually have different shops do different repairs d~pepding on their specialty or capability. Probably the most realistic sales are fuel, convenience items, and food. The two most realistic considerations for future benefit are the lower costs for construction projects and the possibility of a reclamation site for housing and recreation in the Lac LaVon style. Lac LaVon, in Burnsville, is a man made lake built from a gravel pit. A public park and single family housing surround the lake. Proposed construction in the area could justify the use of one time pits or significant ones for long range use. Transportation charges can be a large portion of the actual construction costs. Having a sand or gravel pit in Prior Lake could save the City significant amounts of money. With the road improvements and the new subdivisions which are pending or approved, a gravel pit could be a great benefit to Prior Lake through lower cost products. The finite supply of aggregate in the area will affect construction costs. CONCLUSION The decision of allowing or prohibiting mining is a difficult one to make. Perhaps when considering the problem on a higher level, a wider impact can be considered. Prior Lake potentially has an important commodity of regional benefit. A moral question exists as to whether the City is obligated to share its resource with the surrounding area. If so, at what point do the needs of the citizens outweigh the needs of developers and the costs associated with transporting the resource a longer distance. All controversial aspects of living next to a pit can be mitigated to a certain extent. However, is there a large enough benefit to the City am] its residents to allow mining? If mining is to be allowed then a plan of action should be formulated soon to allow acquisition of the large tracts land necessary to operate a successful mine and limit the encroachment of residential areas on the operation. Section 1 has nearly 160 acres under single ownership. The mention of gravel pits evoke negative thpughts in most people. There see~s to be enough open space In Prior Lake to allow mining. The problem is, it is difficult to know the exact location or amount of the deDosit. Sampling soils in an area can give a better idea, but it is impossible to know the exact details. Virtually all the land in and around the area is minable according to previously mentioned sources. Access via roads without weight restrictions is critical. It would be preferable to establish ~ pit before housing encroaches. Economic advantages are significant if Prior Lake growth is desired.. However there are other operations in all surrounding communities. More detailed information is easily obtainable. All of the people I spoke with would happily provide more requested information. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 9 HORST W. GRASER, DIRECTOR OF PLANNING SECOND CONSIDERATION OF PRELIMINARY PLAT APPROVAL OF CARRIAGE HILLS JUNE 1, 1992 INTRODUCTION: DISCUSSION: The preliminary plat of Carriage Hills was continued on May 18, 1992, with specific direction to the developer, Mr. Warren Israelson, for revisions. The applicant is seeking preliminary plat approval in accordance with Section 6-3-3 (B) of the subdivision ordinance. On May 18, considerable discussion was generated by the audience and City Council relative to the design, density, lot size, ecology, and the amount of dedicated park land. A petition from about 175 Prior Lake residents opposing the plat was also submitted. Mary Anne Whiting also informed the Council that she would be petitioning the EQB Board to consider a discretionary EAW. Staff and the developer have met on several occasions since May 18 to discuss alternative design options. The Council's direction to Mr. Israelson was to introduce curvilinear road system for the three blocks in the western third of the development. The revision being submitted for consideration replaces the two straight streets in Blocks 1 and 2 with a curvilinear street and two cul-de-sacs. This design option reduces the overall density by eight lots to 214 and the gross density from 2.31 U/A to 2.20 U/A. A third park access is introduced between Lots 3 and 4, Block 4, which improves park access from the western part of the plat. The storm water quality pond previously planned for Outlot A has been shifted to the rear of Lots 32-40, Block 1. This design change has three desirable results: it puts all utility functions in the plat; it results in a very desirable amenity for Lots 32-40, Blocks 1 and provides the opportunity for Carriage Hills Road to be shifted 30 feet north allowing an additional 30 foot park access. This design also allows greater rear yard setbacks for some of the homes along Eagle Creek Avenue and increases the lot sizes for Block 1 and 2. 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. ~612) 447-4230 / Fax (612) 447-4245 AN EQUAL ©PPORTUNIT¥ E?,?LDYER Two of the five previously planned street medians defining crosswalks have been eliminated with this design. Three medians are still planned for the most southerly road. The Council also discussed the inclusion of a sidewalk for this street. The remnant parcel in Block 12 can either be shown as additional right-of-way or show this parcel together with the access road to the Vierl~ng property as an outlot. The city would receive the outlot in fee title giving it land use discretion. The eastern two thirds of the plat remain unchanged. Attached please find a copy of the revised preliminary plat. ALTERNATIVES: Approve the preliminary plat subject to: a. Ail utility and grading plans be acceptable to the City Engineer. b. All outlots be dedicated to the City. c. The wetlands mitigation plan be acceptable to the City Engineer. d. Three road medians be included in ~ the most southerly east=west roadway,, in the plat.- ~ ~ ~ ~ ~ ~/~-~-~ ~v e. A sidewalk be included on one side of the most southerly east-west roadway in the plat. 2. Deny the application based on facts. Continue the hearing with direction to the developer. specific RECOMMENDATION: Staff recommends alternative number 1. ACTION REQUIRED: Action depends on Council discussion. HERITAGE COMMUNITY 1891 1991 INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: SAM LUCAST, ASSOCIATE PLANNER LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS MINERAL EXTRACTION MARCH 18, 1992 The mineral deposits in Prior Lake are sand and gravel and not limestone. These deposits are valuable resources as demonstrated by Prior Lake Aggregates business. Scott County utilizes a lot of Pearson's materlal for heavy road subgrade structure for their County roads. The City of Prior Lake does not use sand and gravel in its streets w~th lighter urban sections. The reason is that the sand and gravel does not seal the sub~rade during construction and many construction problems arise ~n an urban section with the use of sand and gravel versus limestone. Another problem with mining is the effect that the trucks have on local streets from both a structural standpoint and complaints from residents. Depending on the location of the mine, trucks may use residential streets as haul roads. These roads may or may not have been built to structurally carry the loads. Even if built to carry the typical nine (9) ton load designation; it is the number of truck loadings which determine the life of a street. Typically, on~ legally loaded ~ruck is eguivalent to 6,000 trips by cars; this number of equivalent trips goes up exponentially with the weight overloading. A street such as Fish Point Road (south of T.H. 13) or Franklin Trail was constructed to State Aid Standards and trucks cannot be prevented from using.them. T~is deteriorates the structural life as we%l as residential qual%ty if trucks pursue their use. Streets wlth lower structural design can still be structurally.used by trucks which are empty for the return trip.. Those trlps shorten the life of the street and reduce the residential character of an area. There is no legal way to keep the trucks off of a road other than load restrictions. 'Mining needs to be evaluated from all aspects with both pros and co~$. 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 TO: Mayor and Councilmembers FROM: David Unmacht, City Manager DATE: May 29, 1992 RE: Agenda Item #9 Carriage Hills City staff received the Metropolitan Council staff's comments the Comprehensive Plan Amendment (copy attached). on The comments and recommendations from the Metropolitan Council staff have resulted in a positive recommendation to implement the Comprehensive Plan Amendment. Recommendation # 2 states "Inform the City of Prior Lake that it may place the proposed Plan Amendment into effect and that no plan modification is required". The Metropolitan Council staff, specifically, Jim Larsen, (Natural Resources) has incorporated a recommendation (note, not a requirement) that the City work with the developer to revise the preliminary plat Wetland Management Plan. City staff met on Friday, May 29 to discuss this recommendation. Staff consensus is to support the initial Wetland Management Plan as recommended by the Technical Evaluation Panel (TEP) consisting of Pete Beckius, Board of Soil and Water Resources, Bruce Loney, Bruce Sandstrom, BWSR Board. Also enclosed is a copy of the TEP's analysis. In summary, staff finds the Larson recommendations to reflect a purist interpretation of the Wetlands Management Act. Staff and the TEP disagree with the interpretation of the Act as defined by Larson. Staff's work with the TEP consisted of taking into consideration the following factors: 2. 3. 4. 5. On site visit(s) Review of the wetlands management act Land and Topographical constraints Preliminary plat configuration Development aesthetics The TEP's work represents an acceptable interpretation and analysis of the Wetland Act. The fact that the Wetland Management Act is new and subject to varied interpretations has resulted in Larson's recommendation. City staff will be attending the Metropolitan and Community Development Committee meeting on Monday, June 1 at 4:00 p.m. in St. Paul. Staff will represent the City's position at the meeting. As stated above, Metropolitan Council staff recommendation is to approve the Comprehensive Plan Amendment. METROPOLITAN COUNCIL ,'~h,ar~ Park Centre. 230 I~,a~ l"~tih Street. 3't. Paul. MN 55101-1634 612 291-6359 1:4X 612 291-655o ITY 612 291-0v04 May 27, 1992 Mr. Horst Graser Planning Director City of Prior Lake 4629 Dakota St. $.E. Prior Lake, MN 55372 RE: City of Prior Lake Comprehensive Plan Amendment Progress Land Company Referral File 13849-7 Dear Mr. Graser: Please find enclosed the staff report for the above-referenced plan amendment. The Metropolitan and Community Development Committee will consider this item at its Monday, June 1, 1992 meeting. This meeting will begin at 4:00 p.m. in conference room 2-A. Please contact me at 291-6594 if I may be of further assistance regarding this matter. Comprehensive Planning METROPOLITAN COUNCIL .%te<~r~ Park Co~tre. 230 t~,t~.~'t Fij~h Street. St. P~ml. .I,'IN 5fi101-/634 612 29/-6559 EqX 612 291-6550 TTY 612 291-0904 May 27, 1992 Marianne Kibler Whiting 14897 Manitour Road Prior Lake, MN 55372 Dear Ms. Whiting: Please find enclosed the Council staff report for the city of Prior Lake comprehensive plan amendment concerning the proposed Progress Land Company development. Your correspondence of May 5, 1992 is reflected on page 7 of the staff report. The Metropolitan and Community Development Committee will consider this item at its June 1, 1992 meeting. This meeting begins at 4:00 p.m. in conference room 2-A of the Metropolitan Council offices. The full Council will consider this item at its June 11, 1992 meeting. You are welcome to attend the meeting and make comment on the proposed plan amendment. Feel free to contact me at 291-6594 if I may be of assistance regarding this matter. Sincerely, Steven Schwanke Comprehensive Planning cc. Horst Graser, city of Prior Lake METROPOLITAN COUNCIL OF THE TWIN CITIES AREA Mears Park Centre, 230 E. Sth St. St. Paul, Minnesota $$101 612-291-6359/TDD 291-0904/FAX 291..6550 DATE: TO: FROM: SUBJECT: May 26, 1992 Metropolitan and Community Development Committee Steven Schwanke, Research and Long Range Planning City of Prior Lake Comprehensive Plan Amendment Progress Land Company Metropolitan Council Referral File No. 13849-7 Metropolitan Council District No. 14 INTRODUCrION The city of Prior Lake has submitted a plan amendment to change the planned land use for approximately 97 acres from industrial, public open space and agriculture to low density residential The proposed land use change is to accommodate approximately 223 single family residential units. The project site is located south of County Road 42 and east of County Road 21. The site is approximately 1L2 mile north of Prior Lake. See Attachments 1 and 2. REGIONAL POLICY ISSUES The main regional policy issue related to this plan amendment is surface water runoff. The city of Prior Lake is in the M{nnesota River basin and has participated on several groups regarding the Minnesota River 40 percent nonpoint source pollution reduction goal. The city is proposing a land use change to accommodate appro~mately 223 single family residential units on 97 acres. As part of this development, the city may allow the developer to eliminate, alter or partially fill several wetlands that could be avoided altogether. The city will also use one wetland as a detention basin for stormwater runoff. This situation is very similar to a plan amendment submitted by the dry and reviewed by the Council in November, 1991 (referral file 13849-6). As part of that amendment the Council recommended the city adopt a policy of 'no-net-loss' for all classea of wetlands; construct presettling detention basins before discharging runoff into any water body; and adopt the National Urban Runoff Program (NURP) design standards. It is a staff finding that surface water runoff from the proposed development as currently designed by the dty of Prior Lake has the potential to impact the metropolitan sanitary sewer a3~tem. The basis for this position is descn'be.a:l in the Council's Nonpoint Source Pollution Interim Strategy dated April 27, 1992. However, the report does not contain a finding of system impact became the implementation date for this strategy is September 30, 1992. Council staff is recommending that the city of Prior Lake work with the developer to revise the preliminary plat in a way to avoid altering the natural wetlands on the development site. Staff is also recommending that the city of Prior Lake adopt the NLrRP standards, MPCA's "Be.st Management Practices", and the Department of Natural Resources shoreland regulation as prescribed in the Council's Nonpoint Source Pollution Interim Strategy. AUTHORITY TO REVIEW The Metropolitan Land Use Planning Act of 1976 requires local units of government to submit comprehensive plan amendments to the Metropolitan Council for review (Mitre Stat. 473.864, subd. 2, 1978). The Act also gives the Council the authority to establish guidelines governing the amendment review process (Mitre. Stat. 473.854). The city of Prior Lake submitted its proposed comprehensive plan amendment on March 16, 1992. On March 26, 1992, the Chair determined that the amendment pre~ented a potential impact on the metropolitan sanitary sewer system. The 90-day review period will conclude on June 16, 1992. FINDINGS 2_ The proposed land use change from industrial, public open space and agriculture to Iow density residential will accommodate approxinaately 273 single family residential units. This area is in the Metropolitan Urban Service Area. There is adequate capacity in the metropolitan sanitary sewer system to accommodate the increase in flow tO service the proposed development, and the proposed amendment is in accord with the Council's Wastewater Treatment and Handling Policy Plan relative to wastewater flow~. The surface water management concerto relative to tlxls propo~d project mirror those expressed in the city's most recent plan amendment considered by the Council in December, 1991 (referral file 13849-6). That amendment was determined by the Council to inadequately address the impacts of runoff to Prior Lake and the Minnesota River. Planned actions that would either alter, partially fill, or totally fill natural wetlands on the proposed development site are inconsistent with the Council's 1986 Water Resources Management Development Guide/Policy Plan policy 3-4 and the 1988 Wactewater Treatment and Handling Policy Plan policy 1-1, the Governor's "No-Net-Loss" Executive Order 91-3, the intent of the Wetland Conservation Act of 1991 (Act), and the recommendations of the Board of Water and Soft Resources. Technical review comments, findings and recommendatio~ made ia this report are in accord with the 'Nonpoint Source Pollution Implementation Strategy' approved by the Council on May 14, 1992 for Minnesota River basin communities. o Surface water runoff from the proposed development has the potential to impact the metropolitan sanitary sewer system as described in the Council's Nonpoint Source Pollution Interim Strategy dated April 2'7, 1992. However, the implementation date for this strategy is September 30, 1992. 7. The proposed plan amendment is consistent with the Council's housing policy plan. o Prior Lake citizens have raised several issue:; related to the proposed development. Until the Council's interim strategy on nonpoint source pollution becomes effective on September 30, 1992, the citizen concerns are best addressed through the local site and environmental planning processes. RECOM2VlENDATIONS That the Metropolitan Council: Adopt the staff report and findings as stated above as part of these recommendations. Inform the city of Prior Lake that it may place the proposed plan amendment into effect and that no plan modification is required. Recommend to the city of Prior Lake that it work with the developer to revise the preliminary plat for this proposed development to avoid altering the natural wetlands on the site. Stormwater runoff should be presettled prior to its discharge to area waterbodies. Recommend to the city of Prior Lake that it adopt National Urban Runoff Program standards, MPCA's "Best Management Practices" or equivalent standards, and the Department of Natural Resources shoreland regulation ordinance as prescribed in the Council's 'Nonpoint Source Pollution Interim Strategy". 3 SUPPORTING ANALYSIS Metropolitan Development and Investment Framework The city of Prior Lake is located in northeastern Scott County. Communities bordering Prior Lake include Shakopee on the north and west, Spring Lake Township on the south, and Savage and Credit River Township on the east. Prior Lake is classified as a "freestanding growth center" in the Council's geographical policy categories. The proposed land usc change involves 97 acres of land currently designated industrial, public open space and agriculture. The proposed land use designation is for low density residential and would accommodate approximately 223 single family residential units. The area of the land use change is in the Metropolitan Urban Service Area. Natural Resources (Jim Larsen) Sanitary sewers Wastewater from Prior Lake flows through the metropolitan sanitary sewer system to the Blue Lake wastewater treatment plant in Shakopee. There is adequate capacity in the metropolitan sewer system to accommodate the increase in flow to service the proposed development by the city, and the proposed amendment is in accord with the Council's Wastewater Treatment and Handling Policy Plan relative to wastewater flows. Surface water quality The proposed amendment area is located in two watersheds within the city of Prior Lake. The majority of the site is within the Pike Lake district and an area in the southeastern corner of the site is in the Lower Prior Lake district. Stormwater runoff from either watershed enters the primary lakes in the districts, and eventually drain~ to the Minnesota River. The surface water quality management concerns relative to this proposed project mirror those expre~ed in the city's most recent plan amendment reviewed by the Council in November, 1991 (Referral File 13849-6). The Council determined that the impacts of stormwater runoff on Prior Lake and the Minnesota River had not been adequately addre~ed. At that time, council staff offered the city the following suggestions for managing surface water runoff: Cons/der adopting a policy of "no-net-loss' for all classes of wetlands. If loss of wetlands is unavoidable, then the city should require replacement or enhancement to retain the ecological function within the watcrahed. Thc use of wetlands to collect sediment and trap nutrients destroys thc ~ological function of wetlands. PresettHng detention basins should be used to treat surface water runoff before it is dizchargcd to any surface water body. o National Urban Runoff Program (NUKP) design standards or their equivalent should be used for the design of surface water detention basins. These standards are in the Minnesota Pollution Control Agency's (MPCA) handbook, "Protecting Water Quality in Urban Areas." The Council and the Metropolitan Waste Control Comm/ssion have been working since early 1990 to get watershed organizations and local government units in the'drainage area of' the Mirmesota River to adopt plans that specify how to reduce by 40 percent the amount of nonpoint source pollution that enters the Minnesota River. The MPCA and the U.S. Environmental Protection Agency created this goal in January, 1990 and it must be achieved in the metropolitan area by July, 1996. Council staff have met with the Pr/or Lake-Spring Lake Watershed District to discuss th/s goal The District is still considering how it will address the 40 percent nonpoint source reduction goal. The Council adopted a "nonpoint source pollution interim strategy" on April 27, 1992. This strategy is to take effect on September 30, 1992. The focus of the strategy is to provide a short- term response to the EPAXMlaCA Minnesota River 40 percent reduction goal. It requires local governments' to adopt National Urban Runoff Program standards, MlaCA's handbook, "Protecting Water Quality in Urban Area", and the Department of Natural Resources shoreland regulation ordinance. After September 30, 1992 the Council may require a plan modification of any plan amendment from a city that has not adopted the above-referenced standards. The city of Prior Lake has representatives at both the Watershed District meetings, and the Council's Technical Advisory Committee on the Minnesota River. All affected parties in the Prior Lake area are fully aware of the Council's efforts regarding the reduction of nonpoint pollution to the Minnesota River. Of specific concern relative to thi~ proposed amendment area is the potential elimination of wetlands or the use of wetlands on the site for managing stormwater runoff. Planned and/or recommended actions on this site include the: elimination of one Type 1/2 wetland (without mitigation) to accommodate a roadway within the proposed development where avoidance is poss~le; filling part of a Type 3 wetland and expanding the wetland in another area at a 1:1 ratio. It is posa~le to avoid th. is wetland. alteration of a Type 7 (forested) wetland for presettling of stormwater, also an avoidable action; and o construction of stormwater detention basins to emulate some of thc functiom of wetlands, resulting in a net increase in proposed development site wetland acreage. Planned action number 1 is to fill a "seasonally flooded depression" under the notion that it would be allowed by either Exception 7 or 8 of the Wetland Conservation Act of 1991 (Act). These exceptions, relative to this specific site, state essentially that type 1 or type 2 wetlands equal to or less than two acres in size located on agricultural land may be filled without replacement. plan amendment ia evidence that single family residential, not agriculture ia the intended use of the site. The planned action ia therefore inconsistent with the Council's 1986 Water Resources Management Development Guide/Policy Plan policy 3-4, the Governor's "No-Net-Loss" Executive Order 91-3, and the intent of the Wetland Conservation Act of 1991 (Act). Planned action number 2 is to fill part of a "shallow water marsh" to accommodate the desired platting of 2 lots and mitigation of the action by a 1:1 expansion of the same wetland. This action threatens the integrity of the existing wetland. A slight shift in the proposed home.sites would avoid the wetland altogether. Planned action number 3 is to route stormwater runoff fi.om a portion of the site through a wetland currently identified as a "forested wetland". The city proposes to alter the function of the existing wetland to provide treatment of stormwater fi.om part of the site. The alteration would require excavation of the wetland bottom to a depth of three to four feet and presumably an engineered liner to insure the constructed basin would hold water. (Water levelz in the wetlands on this site are not controlled by the regional ground water level ia the area, but have artificially perched tables through the accumulation of bottom organic material that controls the rate of water transmission through each wetland.) The use of an engineered liner to provide a permanent pool ia a stormwater detention basin (to provide a reasonable and expected nutrient and sediment removal efficiency) is iacompat~le with the assumption that the constructed or altered basin would still be defined as a wetland. Engineered liners, whether composed of compacted clay or a manmade fabric, specifically discourage plant growth, whose roots could penetrate either type of liner, rendering them pervious and nonfunctioning. Trees would also be iacompat~le with the proposed alteration. The continual introduction of stormwater into a detention pool would also result in the deposition of sediment on the bottom of the pool that would discourage plant growth, and prevent the development of a hydric soil. Therefore, the city's proposed action of altering this natural wetland to function as a stormwater detention pool is inconsistent with the Council's 1986 Water Resources Management Development GuidelPolicy Plan policy 34 and the 1988 Wastewater Treatment and Handling Policy Plan policy 1-1, the Governor's 'No-Net-loss" Executive Order 91- 3, and the Act. The city of Prior Lake should reconsider the developer's original plan to avoid this wetland and to direct stormwater runoff away from the area. Planned action.number 4 is to construct two stormwater detention basins along the northern boundary of the site that would simultaneously be classified as wetlands. As with planned action number 3, these two basins are presumed to require engineered liners. Each of the basins would be primary recipients of stormwater fi.om the site. Effluent from each of the basins would be separately piped off-site. A basin constructed to be a wetland would be expected to meet the definition of one or more of the eight cla.~ified types of wetlands. The required presence of a predominance of hydric soils and the lasting presence of a prevalence of hydrophytic vegetation ia the basin are not compat~le with the continual introduction of stormwater into the basin. It is for that very reason the Council indicated to the city in its previous plan amendment that the use of wetlands to collect sediment and trap nutrients destroys the ecological function of wetlands, and that presettling detention basins should be used to treat surface water runoff before it is discharged to any surface water body (including wetlands). See referral file 13849-6. 6 Council staffs assertion that insufficient effort was made to avoid natural wetlands on the site has also been raised by representatives from the Minnesota Board of Water and Soil Resources (BWSR). BWSR participated on a panel that performed an on-site technical evaluation of the proposed development in April, 1992. It was the conclusion or' the BWSR representative on this panel that the proposed development's impact on site wetlands could be avoided by designing around the wetlands and other environmentally sensitive areas. Before any wetlands are f'flled on the proposed site, a Section 404 permit must be obtained from the U.S. Army Corps of Engineers. A permit is not requh'ed from the Minnesota Department of Natural Resources because the wetlands do not meet the Acts' definition of 'public waters wetlands.' Technical review comments and recommendations made in this report are in accord with the "Nonpoint Source Pollution Implementation Strategy" approved by the Council on May 14, 1992 for Minnesota River b~in communities, bearing a compliance date of September 30, 1992. However, similar concerns were addressed and recommendations made relative to surface water management in the Council's report on the city's previous plan amendment (Referral File 13849- 6), considered in December, 1991. Citizen Correspondence The Council received a letter dated May 5, 1992 from Marianne IG'bler Whiting of 14597 Manitour Road, Prior Lake. Ms. Whiting states that she lives near the proposed development and is writing on behalf of the neighborhood. The is~ue~ rai~ed by the neighborhood are primarily environmental. The residents are concerned about the potential filling of wetlands, surface water runoff, destruction of wildlife habitat and regenerating the underlying aquifer. As noted above, these issues do not currently impact a regional s~tem and may be~t be addressed through the local environmental and site planning proce~e~. 7 C8(TN(~ I CARVER CO. Attachment I er C]~ of Pr]or Lake Reg, onal Location j J j l~oc.o,o l COUNCIL I -- i ~ ~o,oc.l t ~, ~ , ~! ~/w& rllrOWn ,~ ~ ~~?'"' , , ~ i ~ I [ I I I I SCOTT CO. NEW--~'t & G U( I LO ~S 20 21S O,&KOTA CO. IOSINOUNT NASTING$ I .____1 TWIN CITIES METROPOLITAN AREA Political Boundaries, 1988 County Boundary Municioal Bounclary Townsnil3 Boundary Attachment 2 C.R. 21 r- . r'