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August 3 1992
REGULAR COUNCIL MEETING AGENDA Monday, August 3, 1992 CALL TO ORDER 7:30 p.m. 1. Pledge of Allegiance 2. Minutes of The Previous Meeting 3. Consent Agenda: a) b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of Special City Council Meeting Minutes of July 15, 1992 Consider Approval of Special City Council Meeting Minutes of July 27, 1992 Consider Approval of Sale of City Vehicles Consider First Draft of Outdoor Concert Ordinance Amendments 92-08 5. Consider Planning Bill and Kathleen Henning 6. Consider Approval of Study 7. Consider Conditional Joanne Thompson Se Commission Variance Appeal of Comprehensive Transportation Use Permit for James and Consider Construction of an Impoundment Near the Intersection of Holly Circle Street Update On The Status of "The Wilds" Development Structure and Cates Other Business a) b) c) *Ail times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CALL TO ORDER 1. 2. 3. e REGULAR COUNCIL MEETING AGENDA REPORT Monday, August 3, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: a) b) Consider Approval of Invoices To Be Paid - see 'attached. Consider Meeting attached. c) Consider Approval of Special City Council Meeting Minutes of July 27, 1992 - see attached. d) Consider Approval of Sale of City Vehicles - see attached staff report. Approval of Special City Council Minutes of July 15, 1992 - see Consider First Draft of Outdoor Concert Ordinance Amendments 92-08 - see attached staff report. Consider Planning Bill and Kathleen report. Commission Variance Appeal of Henning - see attached staff Consider Approval of Comprehensive Transportation Study - see attached staff report. Consider Conditional Use Permit for James Joanne Thompson - see attached staff report. and Consider Construction of an Impoundment Near the Intersection of Holly Circle Street - see attached staff report. Structure and Cares U~date On The Status of "The Wilds" Development - City staff has been working over the past two weeks with Dick Burtness and his staff to proceed with "The Wilds" pr?ject. The magnitude of this project is such that City Council needs to be informed on an ongoing basis of the status of this development. Since the special Council meeting held on July 15, 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447~4245 AN EQUAL OPPORTUNITY EMPLOYER staff has been working on the Environmental Assessment Worksheet (EAW) process and on the retention of a legal counsel for assistance in the Comprehensive Plan process. City staff will update the Council on both of these items and any other matters of business with "The Wilds" project at the meeting. 10. Other Business a) b) c) *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 July 20, 1992 The Common Council of the city of Prior Lake met in regular session on Monday, July 20, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, City Attorney Kessel and Recording Secretary Birch. Mgyor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the July 6, 1992 Council meeting were reviewed by Council. MOTION MADE BY SCOTT, SECONDED BY KEDROWSKI, TO APPROVE THE JULY 6, 1992 COUNCIL 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: Consider Approval of the Consent Agenda, Items (a) thru (g) as follows: a) b) c) d) e) f) g) Consider Approval of Invoices To Be Paid Consider Approval of Budget Report Consider Approval of Treasurer's Report Consider Approval of Animal Warden's Report Consider Approval of Building Report Consider Approval of Fire and Rescue Report Consider Approval of Non-Intoxicating Liquor Request of Kevin Hafferman For July 25 and 26, 1992 License Softball Tournament on MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, 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: Discussion With Fire Department Officials on Status of Fire Hall Referendum and Equipment Acquisition Plans. City Manager Unmacht provided background on discussions and actions which have occurred to date. Fire Chief Borchardt discussed the Fire D~partment needs for building s~ace, equipment and personnel. Discussion occurred on obtaining additional volunteer fire personnel from the north side of the community, conducting research, on available proper~y on the north side for a building location, the cost and benefit analysis 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax ~612) 447-4245 AN EQUAL OPPORTUNITY a~4PLOYER Minutes of %ne Prior Lake City Council July 20, 1992 of retaining the fire and rescue contracts with Credit River and Spring Lake Townships and the possible need for two fire stations. After discussion, the Council, by general consensus, agreed with the Department's recommendation to delay the fall referendum, authorized the Fire Department to proceed with plans to begin the equipment purchase process and ~o gather information on available property located on the north side of the City and property on the east side adjacent to C.R. 21 for future fire hall sites. City Manager Unmacht discussed the decision to delay holding a referendum until a space and needs study can be completed. The next order of business was: Presentation of on City Projects. City Manager Unmacht presented the status of the following city projects: Status Report an update on Budget Calendar (Workshop) - Council discussed possible dates to hold the workshop. A tentative date of August 24 was chosen. Copies of the 1993 Budget Calender were distributed to Councilmembers. Eurasian Watermilfoil - a short discussion occurred on the results of the 1992 treatments which appear to have been successful according to Watershed Board spokespersons. Comprehensive Plan - Handouts were distributed regarding the draft orderly annexation plan and the SMSC joint relations plan. A short discussion occurred on the Comprehensive Plan process. "The Wilds" Project - A short update on the progress of this project and an announcement of the open house scheduled for Tuesday, July 21 was presented. A discussion occurred on plans for a transportation study and on the hiring of a legal consultant to assist the City in the Comprehensive plan process. Business/Office Park Status - Discussion occurred on the progress of the Business and Industrial Standards which will be drafted for future Council action. Super Valu (Special Meeting) - Unmacht distributed a letter from Lyle Fuller requesting a special Council meeting for July 27 to review and approve their final plat and developer's agreement. Council concurred that a special meeting could be held o~ July 27 at 6:30 p.m. immediately after the joint meeting with the School Board. Carriage Hills - Discussion occurred on the status of this development with the grading work to begin within a few days. Westbury Ponds - Unmacht stated that the concept drawing had been received by the Planning Department along with a request for a rezoning and Comprehensive Plan amendment. Concerns were expressed regarding traffic problems which may result from the development. 2 Minutes of the Prior Lake City Council July 20, 1992 Staff will be meeting on Wednesday, July 23 this proposed development. to discuss Capital Improvement Program - Unmacht stated that staff is in the process of drafting the CIP for presentation to the Council in the near future. Shoreland Management Ordinance - discussion occurred on the time frame and importance for completion. Council expressed a desire to begin their evaluation of this ordinance. Planning Commission Appointment - Mary Ellen Wells has resigned and an announcement is being run in the Prior Lake American soliciting volunteers. By general consensus a committee was selected to interview the applicants. The committee will consist of Mayor Andren, Councilmember Kedrowski and City Manager Unmacht. -~ Term Limit Policy - a brief update was provided. Financial Management Goals - Unmacht reported that staff has been working on developing financial goals for debt financing, capital financing, revenue sources and expenditure levels. Breckner Letter - Unmacht discussed the letter from Ron Breckner regarding his concerns about possible plans the DNR may have for a boat launch at the marina. A short discussion occurred on Council's reaction to whether or not the DNR will purchase the facility for another public access. Watzl Letter and Watzl Agreement - A short discussion occurred regarding the Watzl letter concerning a permit for the Ski Club to use Lakefront Park as a launching site for their practice sessions. Council requested thgt s~aff investigate the allegations that the Club is going 1nto the milfoil designated areas. Others - Unmacht announced that an RTB breakfast meeting would be held on Tuesday, August 4 at 7:30 a.m. The next regularly scheduled Council meeting will be Monday, August 3, 1992 at 7:30 p.m. There being no 9:10 p.m. by general further business, the meeting adjourned consent of the Council. David dit~ana~e~r Do~ Birch Recording Secretary at 3 THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. AUG. 8, 1992 MISC. DEPTS. R-Own Office Supply C. H. Carpenter Lumber Cellular One Northern States Power Office Supplies Misc. Supplies Telephone Service Utilities GENERAL GOVERNMENT Midwest Veterinary Supply Aquatic Harvester Dee Birch Action Messenger Douglas Mfg. Corp. Scott Co. Collections Westwood Professional Service Real Gem Jewelry & Awards SkillPath Inc. Alpha Soft Inc. Modern Computer Systems MCI Telecommunications Floyd Security Heating Consultants Inc. R & O Elevator Co. Clark Foodservice Bob's Personal Coffee Service B'ville Commercial Cleaning Pitney Bowes Dog Tags Milfoil Control Mileage & Parking Messenger Service Voting Booths Assessing Contract Planning Consultant Bass Tournament Supplies Conference Fee Maint. & Software Hardware Contract Telephone Service Bldg. Maintenance Bldg. Maintenance Bldg. Maintenance Bldg. Supplies Coffee Service Janitorial Service Postage Machine Pmt. PUBLIC SAFETY Manpower R-Own Office Supply Prior Prints Kapak Corp. Rigs & Squads US Premise Networking Serv. Precision Business Systems Intoximeters Inc. Streichers Scott Co. Human Services Dennis Leff Comm Center Amoco Oil Co. Prior Lake Autobody Temporary Help Supplies Printed Supplies Operating Supplies Sup?lies Equipment Repair Small Tools & Equipment Small Tools & Equ%pment Small Tools & Equipment Professional Services Conference Expense Equipment ~epair Vehicle Maintenance Vehicle Maintenance 853.64 407.41 458.15 9,898.53 43.67 8,957.88 30.58 49.10 830.60 22,000.00 350.00 3.33 79.00 1,086.05 202.00 96.87 70.00 76.90 1,512.92 40.43 202.01 1,171.50 1,149.30 82.08 4.27 47.07 166.24 735.20 52.50 970.61 728.46 56.82 150.00 224.50 104.32 32.73 45.00 FIRE & SAFETY MN Dept. of Natural Resources R-Own Office Supply MN Conway Tang's Sharpening Service George M. Hansen Co. FDSOA Prior Lake Shoe Service BUILDING INSPECTION Operating Supplies Operating Supplies Operating Supplies Small Tools & Equipment Audit Fee Conference Fee Equipment Repair 243.48 2.11 95.85 20.00 975.00 295.00 18.00 Prior Lake Auto Body Vehicle Maintenance 120.00 PUBLIC WORKS Copy Equipment Inc. Hess Surveying Instruments Edward Kraemer & Sons Shiely Co. Contech Construction Products Friedges Landscaping Minnegasco Drafting Supplies Equipment Repair Sand :& Gravel Sand & Gravel Street Repair Supplies Street Repair Supplies Utilities 227.02 22.50 217.41 384.21 532.50 67.10 5.14 PARK AND RECREATION Hattie Robinson Becky Larson Pat Kennedy Barb Marschall Ann Prchal Prior Prints Target Stores Andon Inc. Aarcee Recreation S & S Arts & Crafts R-Own Office Supply General Cinema Lisa Conlin Diane Wikstrom Priordale Mall Target R-Own Office Supply Toll Co. Outdoor Power House Cushman Motor Co. MTI Distributing Bryan Rock Products Lynde Co. Midwest Fence & Mfg. Co. Prchal Candy Co. Pepsi Co. PL Heating & AC Park Program Refund Park Program Refund Park Program Refund Park Program Refund Park Program Refund Printed Supplies Playground Supplies Playground Supplies Rentals Playground Supplies Misc. Supplies Park Program Park Program Instructor Park Program Instructor Dance Studio Rental Supplies Supplies Shop ~upplies Sup?lies Equip. Re?air Supplies Park Repair Supplies Park Repair Supplies Park Repair Supplies Park Re?air Supplies Concession Supplies Rental Library Repair 9.50 38.00 8.50 8.50 25.50 194.32 169.81 21.94 616.32 113.43 78.86 400.00 180.38 142.50 1,379.85 79.84 47.64 49.21 8.50 6.01 78.93 155.74 195.96 534.79 158.20 10.00 99.50 ECONOMIC DEVELOPMENT Kay Schmudlach WATER UTILITY Feed-Rite Controls Water Pro MVTL Laboratories Systems Service Co. SEWER UTILITY Viking Electric Supply Elk River Concrete Products PARK DEDICATION FUND Elk River Concrete Products Meeting Expense Meeting Expense Chemicals Repair Supplies Water Analysis Repairs Repair Supplies Repair Supplies Equipment 59.20 8.50 3,071.32 82.98 63.00 561.26 16.29 198.31 198.30 MINUTES OF THE CITY COUNCIL SPECIAL MEETING July 15, 1992 The Common Council of the City of Prior Lake met in special session on Wednesday, July 15, 1992 at 6:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Kedrowski, Scott, White, City Manager Unmacht, Planner Graser, Parks and Recreation Director Mangan, Assistant Planner Garross, Associate Planner Lucast, City Attorney Kessel and Recording Secretary Birch. Councilmember Fitzgerald was absent due to recent surgery. Members of the Planning Commission, Economic Development Committee, Lake Advisory Committee and Parks Advisory Committee were in the audience. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The purpose of this meeting was for Council to receive a presentation from Dick Burtness, of Prior Lake Development L.P, on the proposed development of "The Wilds" golf course. Burtness presented a concept drawing of the proposed project and discussed plans for the construction of an 18 hole championship golf course, the clubhouse, a hotel and a variety of housing opportunities. City Manager Unmacht highlighted the steps necessary for completion of the plans for development and construction. The following individuals in the audience commented or had questions pertaining to the proposed development: Dave Vinlove, Dave Wuellner, Dave Moran, Tom Loftus and Mark Hyland. Extensive discussion occurred on the plans presented by Mr. Burtness, the role of the Metropolitan Council, and the need for an Environmental Assessment Worksheet. Bonnie Featherstone, Metropolitan Council District Representative, spoke briefly on the role of the Metropolitan Council. Councilmembers expressed enthusiasm over the pr?spect of a successful development of this magnitude occurring in Prior Lake and thanked Mr. Burtness and the audience for attending. The next Council meeting will be Monday, July 20, 1992 p.m. There being no further business, the meeting.: adjourne~ p.m. by general consent of the Council. .]) /i/J 'D~.vid J. v Unmadht ~~an~ Dee Birch Recording Secretary at 7:30 at 8:15 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 A~ EQUAL OPPORTUNITY F_..~FLOYER MINUTES OF THE CITY COUNCIL July 27, 1992 The Common Council of the City of Prior Lake met in special session on Monday, July 27, 1992 at 6:40 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, Public Works Director Anderson, Planning Director Graser and Recording Secretary Birch. Mayor Andren called the special meeting to order for the purpose of considering approval of Radermacher's First Addition Final Plat and Developer's Agreement. Public Works Director Anderson presented a map of the site and discussed the eight contingencies as outlined in his memorandum to City Manager Unmacht dated July 27, 1992. Anderson also discussed the Developer's Agreement and the details of Exhibit E outlining various financial clauses. Discussion occurred on the rationale behind the decision to omit an inflationary clause in the agreement for the future construction of CSAH 23. Discussion also occurred regarding the ponding area, topography of Outlot D and Panama Street name as proposed in the plat. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE FINAL PLAT OF RADERMACHER'S FIRST ADDITION CONTINGENT UPON THE EIGHT STIPULATIONS BEING MET BEFORE FINAL SIGNING OF THE DOCUMENT BY CITY OFFICIALS. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE DEVELOPER'S AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND LEROY AND MARILYN RADERMACHER AS JOINT TENANT OF RADERMACHER'S FIRST ADDITION. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. scott Extensive discussion focused around the established future cost in the Developer's Agreement of $100,000 for the extension of C.R. 23 where the actual development costs for the Radermacher parcels may exceed that amount in the future. Council requested staff to clarify for the record, the rationale behind the reasons for not requiring an inflationary clause in the Agreement and voted to abide by this negotiated amount due to the following reasons: 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E~PLOYER Radermachers have dedicated 100 feet of right-of-way to the City without reimbursement in lieu of the normal 66 feet right-of-way requirement. Radermachers are dedicating Outlots A and B to McDonalds in order to implement an effective circulation system within the development as mandated by the City. The negotiated financial agreement will avoid a possible contested assessment hearing process on the construction of Panama Avenue (future realigned County Road 23). After extensive discussion, Council concurred that the rationale behind the action was proper, however, the reason should appear in the minutes for future reference. The next regularly scheduled Council meeting will be Monday, August 3, 1992 at 7:30 p.m. There being no further business, the meeting by general consent of the Council. adjourned at D~ld J. Unmach~ C~ty Manager Dee Birch Recording Secretary CONSENT AGENDA: REQUESTED BY: SUBJECT MATTER: DATE: 3 (U) RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF SALE OF CITY VEHICLES AUGUST 3, 1992 INTRODUCTION: DISCUSSION: RECOMMENDATION: ACTION REQUIRED: The City advertised for sale 1987 and 1990 Chevrolet Caprices. Both vehicles were former police squad cars with mileage readings in excess of 98,000 on the '87 and 44,000 on the 1990 unit. One had been converted to service by the Building Inspection Department while the other had been retained as an unmarked unit. Sealed bids were solicited for the disposition of these vehicles as authorized by City Code. Staff is requesting Council approval of the highest price offer. The City opened bids at 10:00 A.M. on Wednesday morning quly 29, 1992. The following two bids were received: BIDDER VEHICLE AMOUNT 1. Woodside Motors 43-29 Crescent St. Long Island City, NY '90 Caprice $5,029.00 2. Dianne Shoemaker 110 Fuller Street Mankato, MN '87 Caprice $1,002.00 Ail bid submissions were accompanied by a certified or cashier's check in the full amount offered. Staff would recommend awarding the sale of the 1987 Caprice to Dianne Shoemaker as the highest bidder in the amount of $1,002.00 and the sale of the 1990 Caprice to Woodside Motors for $5,029.00. The bids submitted were quite representative of past sales by the City for comparable model years, mileage consideration and condition of the vehicles themselves. Motion to approve the sales to the above bidders as indicated, as part of the consent agenda would be in order. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 AN EQUAL OPPORTUNITY EMPLOYER Fax (612) 447-4245 AGENDA ITEM: PREPARED BY: SUBJECT: DATE: 4 DAVID J. UNMACHT, CITY MANAGER CONSIDER FIRST DRAFT OF OUTDOOR CONCERT ORDINANCE AMENDMENTS 92-08 AUGUST 3, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: At the direction of the City Council and in conjunction with the local restaurant and bar owners, City staff has been working on preparing Amendments to the outdoor concert ordinance. Enclosed is a copy of the draft Ordinance Amendments 92-08, together with a copy of the current Outdoor Concert Ordinance. The amendments proposed are essentially housekeeping and were either initiated by the police staff or restaurant/bar owners, with one exception --- Section 3.12.7 (Hours). The Outdoor Concert Ordinance was adopted in June, 1988. The ordinance has been used regularly to administer outdoor concerts conducted by local restaurant and bar owners. In addition, the ordinance has been used on a few occasions to administer outdoor concerts conducte~ by local non-profit organizations. The rationale behind the outdoor concert ordinance was to regulate the impact the event(s) had on adjacent property and neighbors. Outdoor concerts approved by City staff in accordance with the current ordinance have resulted in some complaints to City officials from neighboring property owners during and after the event. City staff has undertaken a process to evaluate the existing ordinance. Staff incorporated in the process a meeting.with local restaurant and bar owners. In addition staff prepared a draft ordinance and forwarded it to the restaurant and bar owners for their review and comment. Staff has not received any comments in writing from the restaurant/bar owners on the proposed Ordinance Amendments identified in 92-08. Staff has received informal feedback from one business 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNTTY EMPmYER owner on the change in hours as identified in 3.12.7. Currently three establishments regularly conduct outdoor concerts: McWillies, Hooligans and Hollywood Bar and Grill. In the past Hooligans and Hollywood would jointly sponsor a concert, however, staff does not know if that will continue in the future. Staff believes that the bar owners would not concur with the one hour cutback in outdoor concert hours. However, based on our e.x~erience, Council should note that complaints which have arisen from this ordinance are usually a result of the length of the event(s). Staff recommends that Council should discuss with the bar owners the hours the event(s) take place and determine if an acceptable change can be incorporated in 3.12.7 to everyone's satisfaction. Discussion has occurred with the bar owners on creating different outdoor concert hours depending upon the location of the facility or event. Essentially, this action would be creating different hours for events between McWillies and the other bars. No recommendation on this discussion is available. RECOMMENDATION: Staff recommends that Council begin discussion of the proposed amendments to the Outdoor Concert Ordinance 92-08. Staff will invite the restaurant/bar owners to attend the meeting to participate in this discussion. ALTERNATIVES. ' Council has the following alternatives: Discuss Ordinance 92-08 and direct staff to place the ordinance on the agenda for second consideration at the August 17, 1992 meeting. 2. Table discussion of Ordinance 92-08. Direct staff to continue to do research on Ordinance 92-08 and bring back to the table for further discussion. ACTION REQUIRED: Will vary, based on Council discussion. 3-12-1 3-12-2 CHAPTER 12 OUTDOOR CONCERT ORDINANCE SECTION: 3-12-1: Definitions 3-12 - 2: Licensing 3-12- 3: Exemptions to Licensing 3-12--4: Additional Requirements 3-- 12-- 5: Hearing 3-- 12--6: Decibel Level 3--12--7: Hours 3-- 12 -- 8: Future Concerts 3-- 12- 9: Penalty 3-12-1: DEFINITIONS: An outdoor concert is any gathering of fifty (50) people or more in one outdoor location to listen to a concert of some type of musical entertainment. A person is an individual, partnership, association, corporation or other organizational entity. 3--12--2: ~A) (B) LICENSING: No person shall conduct an outdoor concert or music event without first obtaining a license from the City Manager. The applicant shall make application on a form supplied by the City Manager and furnish the following information to the City thirty (30) days prior to the date of the event: 1. The name, address and i~hone number of the person, group or entity responsible for the sponsorshil~ of the event; 2. The name, address and phone number of the person who rel~resents the musical group involved; 3. The date(s) and time(s) of the event; 4. The number of musicians who will perform at the event; 5. The type of music and the method of amplification; 3-12-2 3-12-6 B) 6. The steps taken to minimize noise and nuisances; and 7. The name, address and phone number of the sound technician who will ogerate the sound panel controlling the loudness if the music is to be electrically amplified. 3-12--3: EXEMPTIONS TO LICENSING: The licensing requirements of this Chapter shall not apply to any outdoor religious ceremony or any outdoor concert or music event sponsored by the City or the Prior Lake School District. 3-12-4: ADDITIONAL REQUIREMENTS: (A) A1 applications shall be accompanied by the written consent of the property owner or tenant of property sought to be used for the concert. No license shall be granted without such consent being filed. All concert activities must be contained on the approved concert site. (B) AB applications shall be accompanied by evidence satisfactory to the City that the City is protected under an insurance policy against all liability or claims which might arise out of the holding of the concert. (CI All applications shall be accompanied by a written agreement by the person o~ persons seeking the license that he, she or they will defend, hold harmless and indemnify the City, its employees, agents and officers, against all claims, demands, actions or causes of actions of whatsoever nature or character arising out of or by reason of the conduct of the outdoor concert, which agreement shall also provide for the repair of or payment for damages to public property. {D) AJ applications submitted to the City for approval shall be accompanied by payment of a license fee as determined by the City Council. Concerts or musical events organized by nonprofit organizations such as religious organizations or community associations may have the fee waived if permission is granted by lfle City Council. 3-12-5: HEARING: In the event the City Manager denies a license to an applicant, the applicant may request a hearing on the application before the City Council. Upon hearing, the City Council may in its discretion grant or refuse to grant the issuance of a license subject to such conditions as it may deem necessary and expedient for the protection of the health, safety and general welfare of the City. 3-12--6: DECIBEL LEVEL: Outdoor concerts shall not exceed a decibel level of sixty five (65) decibels at a distance of one hundred feet (100') from the concert site. The Prior Lake Police Department shall monitor the decibel level. In the evenl the maximum decibel level is exceeded, the Prior Lake Police Department shall revoke the license and the person shall immediately discontinue the concert or music event. 3-12-7 3-12-9 3-12-- 7: HOURS: No outdoor concert shall commence before eight o'clock (8:00) A.M. nor continue after eleven o'clock (11:00) P.M. Sunday through Friday. The eleven o'clock (11:00) P.M. curfew may be extended to twelve thirty o'clock t12:30) A.M. on Saturdays with the approval of the City. 3-12-8: FUTURE CONCERTS: Any person who had previously been licensed pursuant to the provisions of this Chapter may be denied a license for a subsequent outdoor concert in the event of violations of the provisions of this Chapter at prior concerts. The maximum number of licenses to be issued to any person will be for two (2) one- day concerts within a twelve (12) month time period. Any person who has been denied a license by the City Manager based upon prior violations of the Chapter at a previously licensed outdoor concert, may appeal the City Manager's decision to the City Council. In addition, additional requests by the same person for the issuance of licenses for additional outdoor concerts exceeding the maximum permitted by this Section may be made to the City Council. 3--12--9: PENALTY: Any person who violates any provision of this Chapter or who violates any condition or requirement of a license issued pursuant to this Chapter shall be informed that they must immediately discontinue the concert and the license shall be revoked. Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than seven hundred dollars ($700.00) and/or imprisonment in the County jail for not more than ninety (90) days, plus the costs of prosecution in either case. (Ord. 88-3, 6-2~-$$) 888 D AFT CITY OF PRIOR LAKE ORDINANCE 92-08 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 3-12-1. OUTDOOR CONCERT ORDINANCE. 3, SECTION The Council of the City of Prior following amendments: Section 3-12-2: LICENSING: Lake does hereby ordain the 1. Se The full name, date of birth, address, work and home phone numbers of the person, group or entity responsible for the sponsorship of the event. The full name, date of birth, address, work and home phone numbers of the person who represents the musical group involved. The type of music and the method of amplification: a. All speakers used to amplify the music supplied will be set up at ground level. Any deviations from ground level amplification must have prior approval by the City Manager as part of the application process. The full name, date of birth, address, work and home phone numbers of the sound technician who will operate the sound panel controlling the loudness if the music is to be electrically amplified. ADDITIONAL REQUIREMENTS: (D) All applications ~ubmitted to the Cit~ for approval shall be accompanied by payment of a license fee and ~/' a clean up deposit as determined by the ~qCity Council.-~ Concerts or musical events organized b~--~npro~ organizations such as religious organizations or community associations may have the fee waived if permission is granted by the City Council. (E) All applicants must clean up the outdoor concert area and the immediate surrounding area as soon as possible after the concert is over or terminated. (Plastic, cups, glasses, plates, napkins, food and garbage.) (F) The City's assigned inspector shall check the outdoor concert areas and immediate surrounding area to determine how successful the clean up effort was. The inspector will recommend to the City Manager a refund of the clean up deposit or have a clean up crew assigned at which time the clean up deposit shall be forfeited by the applicant. DRAFT b AFT The applicant shall provide hired security personnel with proper attire so as to be immediately identified as concert security by all present. The number of security/, personnel shall be determined by the City Manager or hi~/~~ assigned representative. / 3-12-7: HOURS: No outdoor concert shall commence before eight o'clock (8:00) A.M. nor continue after eleven o'clock (11:00) P.M. Sunday through Thursday. The 11:00 P.M. curfew may be extended to eleven thirty o'clock (11:30) P.M. on Fridays and Saturdays with the approval of the City Manager. "VA20CC" AGENDA NUMBER: PREPARED BY: SUBJECT: ~ATE: INTRODUCTION: COMPREHENSIV~ PLAN IMPACT: ~EB G~R~OSS, ASSISTANT CITY PLANNER CONSIDER PLANNING COMMISSION VARIANCE OF BILLAND KATHLEEN HENNING AUGUST 3, 1992 APPEAL The purpose of this agenda item is to consider a variance appeal for Mr. William Henning of 13208 Henning Circle, Prior Lake. The Planning Commission considered the variance request to allow the applicant to construct a single family home on the subject site. The specific variance requested is from City Code Section 5-4-1(N), which restricts housing density in the "Agricultural Conservation Districts located in the rural service areas defined in the Prior Lake Comprehensive Plan, to four (4) dwellings per each quarter/quarter section." See attached Planning Report and related materials for reference to the specific application. The Planning Commission minutes dated July %6, 1992~ are also attached. The Planning Commission failed to reach a majority vote on this issue, therefore the split decision renders the application denied, due to lack of a majority to pass the variance. The applicant requested per letter dated July 22, 1992, that the decision of the Planning Commission be appealed to the City Council. The City Council amended the Prior Lake Comprehensive Plan on December 16, 1991, to add policies to the Transportation Chapter. The purpose of those amendments was to bring the City Comprehensive Plan into compliance with the Metropolitan Council's, Bloomington Ferry Bridge policies. The recent amendment is pertinent to this application because the City agreed to restrict rural area development to four units per quarter/quarter section for lands located east of C.S.A.H. 18. See attached City Council minutes and Policy #6. Although the subject site is west of C.S.A.H. 18, the Council has indicated by past action a support for the quarter/quarter section policy. See also, Planning Considerations section of Planning Department report dated July 16, 1992. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DISCUSSION: ALTERNATIVES: The two Planning Commission members who voted for the variance application indicated that they felt that the proposal would be consistent with the development of Titus First Addition and land development within the rural service area of Shakopee. However, it should be noted that Titus First Addition is no longer a type of development that is permitted by current zoning and subdivision controls. The rationale that density variances should be granted adjacent to rural subdivisions could create a precedent for other such properties. For example, Howard Lake Estates, Maple Hill and Eagle Ridge Acres are all rural subdivisions. If it is the direction of the Council to allow density greater than four units per quarter/quarter section, an amendment to the zoning code and comprehensive plan should be made to allow that type of land use development. A variance 9pplication should not be used to establish policy, but to rant relief for setback hardships, dentified by the ordinance. Variance applications must be considered in terms of the hardship criteria outlined in the zoning ordinance. The applicant can continue to use the land as has been done in the past. Rationale for granting a variance must reflect the hardship criteria and cannot solely be based on economic consideration. The Council should note that the Planning Commission has denied two previous variances for DuWade Harris of Howard Lake Estates for a similar request. In addition, staff has met with Mr. Harold Bohlen, owner of land south of Titus First Addition, who seeks a similar proposal, to increase the density of the rural service area to allow residential building sites to be sold in an area that is currently at maximum residential density. Mr. Bohlen will be in attendance at the meeting to listen to the discussion on the Henning application. 1. Uphold the decision of the Planning Commission to deny the variance application. 2. Table the issue for specific reasons. Approve the variance application by finding that all of the hardship criteria outlined by the zoning ordinance are met through the application. 2 RECOMMENDATION: ACTION REQUIRED: Alternative #1. A motion setting forth the findings and/or conditions relative to the application. If the City Council elects to support the Henning application then Staff requests that the Council identify specific findings to support this action. 3 WilltI~n &nd K&%hleen He~t~ 13208 Hennin9 Circle Prior L&ke, Minneso.t& 55372 July 22, 1992 Mr. Dave Lit, roach.t, ¢i.ty Mana.qer Ci.ty of Prior Lake 4629 D~[::o.ta $.treet Prior Lake, Minr~esota 55372 RE: Appe~.l 'to City r:our,,:i 1 of F'lar, r, ir, 9 Cornmi~,~_.iora Dec. islor', De&t' D&v~., Th, is le~%e:' is .to formally re,ques.t .to I-,e pla,:ed on the Prior Lake re.D,.Jtar' city ,:o,.4n,:i I meeting a.Denda to be held ir, August. 1E. th ~plit ,~cisior, by ¢)'m~ ~l~t'~tqir~9 ~ommi~iorm to detqy a ot',e hous8 F.~t'rni ~ vsr'ist',~ for ~'~ 15 8,zt'~s of l~t',d kr~owr, 8~ Ti ~.4~ ~tgd md,~i~ior', ir, Prior ~mk:~. Thank yo,.4 fo~' your atter, tior, ir, this mattmr. "VA20Pi" NOTICE OF HEARING FOR VARIANCE YOU are hereby notified that a hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: MONDAY~ AUGUST 3t 1992 at APPROXIMATELY 7:30 P.M. PURPOSE OF HEARING: To consider an appeal of a variance application for William Henning. SUBJECT SITE LOCATION: Lots 6 - 10, Block 1, Titus 2nd Addition & Lots 7 - 12, Block 2, Titus 2nd Addition. REQUESTED ACTION: The applicant requests that the City Council overturn a decision of the Planning Commission regarding his variance application. The applicant requests approval of a variance from Section 5-4-1(N) of Prior Lake City Code in order to construct a new single family home on the subject site, indicated upon the attached map. The Code allows a maximum density of 4 dwelling units per guarter/quarter Section. The applicant is ~eguestin~ a variance from that provision to increase the maximum density reg?irement so that he can obtain a building permit for the subject site. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the City Council. For more information, contact the Prior Lake Planning Department at 447-4230. Prior Lake Planning Department DATE MAIr.RD: July 28, 1992 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ,AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council December 16, 1991 The next order of business was: Consider Resolution 91-45 Pertaining to General Obligation Debt Refunding of $4,230,000. Steve Mattson, Financial Consultant with Juran and Moody, presented details of the debt refunding and stated that an interest rate of 5.678% has been estimated under conditions which would project a future value savings of $353,880.00 to the City of Prior Lake. A short discussion occurred with regard to future interest ratings and the City's option to withdraw the sale if market conditions change. Consensus was reached with regard to setting Monday, January 13, 1992 as the special meeting date for the public sale of $4,230,000 General Obligation Refunding Bonds of 1992. The time will be 5:00 p.m. at City Hall. MOTION MADE BY LARSON, SECONDED BY WHITE, TO ADOPT RESOLUTION 91-45 CALLING FOR PUBLIC SALE OF $4,230,000 GENERAL OBLIGATION REFUNDING BONDS OF 1992. Upon a vote taken, ayes by Andren, Fitzgerald, and White, the motion passed unanimously. Larson, Scott A short recess was called in order to hold an Development Authority Meeting to discuss the following: Economic ae Consider Development Agreement With Enivid Corporation Discuss Follow-up Action From December 11, 1991 Workshop. *Note: See EDA Minutes attached. The meeting reconvened at 8:06 p.m. MOTION MADE BY WHITE, SECONDED BY LARSON, TO RATIFY THE ECONOMIC DEVELOPMENT AUTHORITY'S DECISIONS ON BOTH ITEMS A, (DEVELOPMENT AGREEMENT WITH ENIVID CORPORATION); AND B, (WORKSHOP ACTION PLAN) o Upon a vote taken, ayes by Andren, Fitzgerald, Larson, White, the motion passed unanimously. Scott and Note: Technically the following was not a public hearing, but rather a discussion for the purpose of action by the Council. The Planning Commission conducted the formal public hearing on December 5, 1991. The next order of business was: Consider County Road 18 Comprehensive Plan Amendments. City Manager Unmacht reported on a recent meeting with Metropolitan Council staff. City Planner Graser reviewed the Comprehensive Plan Amendments proposed as the addition of several po%icies to the transportatio9 component of the Year 2000 Comprehensive Plan. Graser also reviewed the map which was amended to indicate the addition of three additional driveways on private property. Extensive discussion occurred on the issue and the technicalities of wording with regard to the meaning of the Metropolitan Council requirements. MOTION MADE BY LARSON, SECONDED BY WHITE, COMPREHENSIVE PLAN AMENDMENTS. TO APPROVE THE Minutes of the Prior Lake City Council December 16, 1991 City Manager Unmacht stated that in a letter from Metropolitan Council staff member, Bob Mazanec, there is a technicality which the Council should recognize relating to direct highway access routes to CSAH 18 and CSAH 42. Unmacht stated that our interpretation is that this refers to only the CR 18 and CR 42 corridor. Council 4irected staff to forward a letter to Metropolitan Council staff with this understanding clarified. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, White, the motion passed unanimously. Scott and The next order of business was: Consider Ordinance 91-01 Amending Title 9, Chapter 4 of the City Code. Building Official Gary Staber stated that the Minnesota rules issued by the Department of Health requires that municipalities develop and maintain a comprehensive backflow prevention program. Staber then reviewed the proposed Ordinance with Council and addressed several questions which arose. A short discussion occurred. Staff was directed to place Ordinance 91-01 on the next Council agenda for action. The next order of business was: Consider Minnesota State Building Code Ordinance 91-15. Building Official Gary Staber presented staff's request that the Council adopt the new Minnesota State Building Code. Staber discussed the only major change: that being a requirement for a separate mechanical permit for construction. A short discussion occurred. Council directed staff to place Ordinance 91-15 on the next Council agenda for action. The next order of business was: Consider Planning Commission Appointment. Mayor Andren, reporting for the Planning Commission Selection Committee, submitted the recommendation that David Wuellner be considered for the position of Planning Commissioner. Discussion occurred on changing the p?licy and/or term limits on these positions. Further discussion occurred on utilizing interested persons on other committees such as the Economic Development Committee and Park Advisory Committee. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE THE APPOINTMENT OF DAVID WUELLNER TO THE PLANNING COMMISSION FOR A TERM BEGINNING JANUARY i AND ENDING JUNE 30,1992. Upon a vote taken, ayes by Andren, Fitzgerald, and White, the motion passed unanimously. Larson, Scott Topics discussed under Other Business were as follows: City Manager Unmacht distributed a letter from Jim Wenninger who has indicated an interest in serving on the Prior Lake/Spring Lake Watershed Board. City Manager Unmacht distributed a draft of an agenda for the upcoming Council Winter Workshop. A short discussion occurred on details and suggestions for the Workshop. Existing Highway 13 - Currently Highway 13 is a two lane paved thoroughfare which includes direct access control and signalized intersections for the two major business districts. It is the primary spine connecting all existing development in Prior Lake. Traffic volumes are projected to increase by three percent per year over the next 20 years. At some point beyond the year 2000, through traffic will be directed to the west and north of the lakes. Continued access limitation and signalized intersections for other minor arterials will be mandatory. It will remain a two lane facility. County 12 and 21 - The existing two lane paving does not directly connect and provides no limits on access. Future improvements will feature a direct linking of these routes through the Central Neighborhood along the abandoned railroad right-of-way. An 80 foot wide right-of-way will be necessary to add frontage lanes through existing development and a separate lane for bicycle trails. All access shall be controlled utilizing cross-street stops and traffic signals at intersections with other minor arterials. County 23 - An existing two lane paved thoroughfare providing access to the south with very limited increases in traffic anticipated. Access limitations are not anticipated. C.S.A.H. 18 - IS A TWO LANE PAVED THOROUGHFARE THAT ~ROVIDES ACCESS FROM PRIOR LAKE TO THE BLOOMINGTON FERRY BRIDGE. THE PROPOSED ¢.S,A,~. 18 INTERCHANGE WOULD PROVIDE DIRECT ACCESS TO AND FROM THE PROPOSED NEW C.S.A.H. 18 BRIDGE INTO THE RURAL SERVICE AREA WHICH WOULD HAVE A DIRECT IMPACT UPON RURAL AND AGRICULTURE LANDS IN PRIOR LAKE. IN ORDER TO MITIGATE NEGATIVE LAND USE IMPACTS, PRIOR LAKE WILL LIMIT RURAL AREA DEVELOPMENT TO FOUR UNITS PER QUARTER/QUARTER SECTION FOR L~ND$ ~OCATED EAST OF C.S~A.H. 18. THE 320 ACRES OF LAND LOCATED WEST OF C.S.A.H. 18 IS COVENANTED ~NDEFINITELY UNDER THE AGRICULTURAL PRESERVES ACT WHERE A MAXIMUM DEVELOPMENT DENSITY OF ONE UNIT PER ACRES IS PERMITTED. THE CITY OF PRIOR LAKE SHALL PROHIBIT ADDITIONAL FORTY DIRECT LAND ACCESS TO C.S.A.H. 18 IN ORDER TO PREVENT PREMATURE DEVELOPMENT ALONG THE C.S.A.H. 18 CORRIDOR. A MAP QF EXISTING HOMESt DRIVEWAY ACCESS AND FARM ACCESS ~OAD$ FROM LANDS ADJACENT TO C.S.A.H. 18 IS LOCATED ON PAGE IN ORDER TO PROVIDE FOR PLANNED. ORDERLY AND CONTIGUOUS GROWT~ WITHIN THE CITY OF PRIOR LAKE, ADDITIONAL ROAQ INTERSECTIONS TO C.$,A.H. 15 SHALL RE pROHIBITED UNTIL THE LAND AREAS ADJACENT TO IT BECOME PART OF THE METROPOLITAN URBAN SERVICE AREA APPROVED BY TR~" METROPOLITAN COUNCIL. IN ORDER TO AVOID PREMATURE URBAN INVESTMENTS IN THE RURAL SERVICE AREA~ THE CiTY OF PRIOR LAKE SHALL RESTRICT THE QEVELOPMENT OF ACCESS NTGNWA¥~ TO e_~_a~-~ 18 AND THE SHAKOPEE BYPASS~ UNLESS THE CONSTRUCTION IS PART OF PLANNED URBAN EXPANSION OF THE METROPOLITAN URBAN SERVICE AREA AND APPROVED BY THE METROPOLITAN ~OUNCIL. B. Collector Streets Collector Streets are designed to collect traffic from local streets and direct it to the arterial street system. Collectors will be designed to include 80 foot rights-of-wgy with 44 feet devoted to paving. Direct land access ls possible but local street intersections will be spaced to minimize the number of four-way stops. 2. 3. 4. 5. 6. 7. Franklin Trail 160th Street 170th Street - County Road 81 - Northwood Road Duluth Avenue Crest Avenue - South of County Road 42 County 83 County 17 Some additions to the Functional Classification System involve Northwood Road, Crest Avenue south of County 42 and Duluth Avenue. The addition of Duluth Avenue recognizes an existing pattern which will become more extensively used as development moves north of the lakes. The linking of 170th Street and Northwood Road is intended to remove through traffic from S~ring Lake Park and to connect the west neighborhoods within the proposed urban districts. Similarly the Crest Avenue connection to County Road 21 will provide access between the two north neighborhoods and the proposed industrial land reserve. C. Local Streets Local Streets collect and distribute traffic between developed land and the system of collectors and arterials. They provide access to the properties which abut them. Local Street design is carefully reviewed by the Staff, Planning Commission and City Council to determine compliance with the City Sub4ivision Regulations. PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 4 ITEM V - WILLIAM HENNING - VARIANCE William Henning, 13208 Henning Circle, is requesting a variance from Section 5-4-1(N) of the Prior Lake City Code to construct a single family home on a site that is currently vacant and has been used for agricultural purposes. Mr. Henning presented four letters from neighbors that were read into the record supporting the variance application. The letters were from: Douglas A. & Judith A. Johnson, 4880 Martindale Street N.E.; Darrel E. Gonyea, Gonyea Land Company, 9100 West Bloomington Freeway, Minneapolis; Jeffrey Menke, Jackson Trail; Brian, Kevin and Colin Conrad, 4510 Jackson Trail. Horst Graser presented the information as per memo of July 16, 1992. The plat of Titus 2nd Addition was platted in 1974. In April of 1977, the City Council approved a petition from the applicant for the vacation of part of Foothill Trail that extended east of Lot 13, Block 2, Titus 2nd Addition, to the east end of the plat. As a result of this vacation, the majority of the lots in the plat do not have an access to a public road. In 1980, the Scott County Assessor's Office was requested to tax the property adjacent to the vacated street at an agricultural rather than a residential rate. .The property has been used for agricultural and open space since that time. In 1986, the applicant requested the City to rededicate the portion of Foothill trail that had been vacated. This request was denied by the City Council based upon the fact that the Zoning Ordinance and Comprehensive Plan allow a maximum density of 4 dwelling units per quarter/quarter sect%on in the rural service area, of which the subject site is a part of. This matter was reviewed by the Court of Appeals, which upheld the position of the City. The subject site is located outside of the Year 2000 Urban Service Area and as such, the residential density should be restricted until such a time as municipal utilities are extended to the site, in a planned manne~, consistent with the objectives of the City of Prior Lake and Metropolitan Council. Staff recommends denial of this variance on the basis that the request is inconsistent with the Zoning Ordinance and Comprehensive Plan, it would not observe the spirit and intent of the Ordinance and is in direct conflict with the objectives of the Zoning Ordinance and Comprehensive Plan. The hardship is not caused by the Ordinance nor the City of Prior Lake but by the actions proposed by the applicant. Members of the audience that came forward at this time in support of the application were: William Jetson 13207 Henning; Steve Mullenhart 7556 Eagle Creek Blvd.; Jerry Capagnoli, 13200 Henning Circle; and Greg Henning 13171 Pike Lake Trail. PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 5 Comments from the Commissioners were; ~recedent being set, Code states no, development of adjacent cities, present land use, septic system and development of utilities. Alan Merrick 14000 White Rock Road, Burnsville stated he is the party interested in the property and gave his plans for building. MOTION BY WUELLNER, SECOND BY LOFTUS, TO GRANT A DENSITY VARIANCE FROM SECTION 5-4-1(N) FOR THE SUBJECT SITE LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 23 (AS PER ATTACHED MAP) TO BUILD ONE SINGLE FAMILY HOME ON FIFTEEN (15) ACRES. THIS HOME IS NOT TO BE BUILT IN THE RIGHT-OF-WAY OF FOOTHILL TRAIL AS SHOWN ON THE ATTACHED MAP. Vote taken signified ayes by Wuellner and Loftus. Arnold and Roseth. MOTION FAILED TO CARRY. DENIED. Nayes by ITEM VI-PUBLIC HEARING-ZONING ORDINANCE AMENDMENT: MINERAL EXTRACTION Public Hearing called to order at 10:15 P.M. by Chairman Loftus. The public was not in attendance. Sam Lucast presented the information as per memo of July 16, 1992. In 1991, the McKenna Sand and Gravel applied for a Conditional Use Permit to begin a mining operation in the area of Prior Lake and the Shakopee Mdewakanton Sioux Community (SMSC) reservation. The SMSC voiced their disapproval based on the effects of having a mining operation adjacent to them and requested assistance from two cities.to prevent the operation. The result of their request was Ordinance 91-08 which instituted a one year moratorium. There are no mines with a permit currently operating in Prior Lake, but there is evidence of previous mining in the area and in Prior Lake. The evidence is scarred landscapes creating unsightly conditions. The conditional Use Permit does not adequately protect the City, the ~applicant, or the public. Therefore, staff recommends approval of Ordinance 92-09 to be forwarded to City Council for review and final decision. Staff recommends deletion of Mineral Extraction as a Conditional Use in the Prior Lake City Code and Zoning Ordinance. Comments from the Commissioners were in consensus with Staff's recommendation. MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO CITY COUNCIL THE APPROVAL OF ORDINANCE 92-09. Vote taken signified ayes by Arnold, Roseth, Loftus, and Wuellner. MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Rose,h, Arnold, Loftus, and Wuellner. MOTION CARRIED. Public Hearing closed at 10:30 P.M. 'VA20PC" SUBJECT: APPLI CANT: SITE ADDRESS: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT DENSITY VARIANCE WILLIAM HENNING SEE ATTACHED LEGAL DESCRIPTION HORST GRASER, DIRECTOR OF PLANNING YES X NO JULY 16, 1992 ~ISTORY/BACKGROUND: The Planning Department has received a variance application from Mr. William Henning of 13208 Henning Circle, Prior Lake. The application requests a variance from Section 5-4-1(N) of the Prior Lake City Code which restricts housing density in the "Agricultural Conservation Districts located in the rural service areas defined in the Prior Lake Comprehensive Plan, to four (4) dwellings per each quarter/quarter section." See attached excerpt from the City Code for reference to this provision. The proposal is to construct a single family home on the subject site that is outlined on the attached map. The site is currently vacant and has been used for agricultural purposes. PREVIOUS PROPOSALS: The plat of Titus 2nd Addition has a long and complicated history which began in 1974, when the plat was approved by. the City of Prior Lake and filed with Scott County. In April of 1977, the City Council approved a petition from the applicant, for the vacation of part of Foothill Trail that extended east of Lot 13, Block 2, Titus 2nd Addition, to the east end of the plat. The majority of the lots in the plat, have no access to a public road, as a result of the 1977 vacation. In 1980, the Scott County Assessor's Office was requested ~o tax the property adjacent to the vacated street at an agricultural rather than residential rate. The property has been used for agricultural and open space since that time. In 1986, nine years after Foothill Trail had been vacated, the applicant rep~.ested that the City rededicate the portion of Foothill Trail that had been previously vacated and issue building permits for Lo~s i - 10, Block I and 2 -12, Block 2, Titus.2nd.Addition. The City .Council denied the request for rededlcatlon and subsequent building permits, based upon the fact that the Zoning Ordinance and Comprehensive Plan allow a maximum density of 4 dwelling units per quarter/quarter section in the rural service area, of which the subject site is a part. The City Council resolved that "a portion of the plat of Titus 2nd 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F3vlPLOYER Addition is hereby vacated with respect to the following described property Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block One, Titus 2nd Addition and Lost 2, 3{ 4, 5, 6, 7, 8, 9, 10, 11, and 12, and Outlot A, block Two, Titus 2nd Addition, Scott County, Minnesota." See attached Resolution 87-48 for reference to the Council action. The matter was ultimately reviewed by the Court of Appeals, which upheld the position of the City: "Henning was denied building permits because his lots did not have access to public roads and did not comply with the 1975 zoning amendment to the zoning ordinance. Thus, it was reasonable for Prior lake to deny the building permits requested by Henning." The Decision of the Court in the matter was stated: "Upon review of the city council's records and decision, we hold that Prior Lake had a reasonable basis for requiring a new application under Minn. Stat. 462.358, subd. 3c, and for declining to issue the building permits." See attached document #C4-88-1704 for further reference to this matter. EXISTING CONDITIONS: The subject site is located in the NW 1/4 of the NW 1/4 of Section 23. The quarter/quarter section contains part of the plats of Titus 1st and 2nd Additions. Each plat was subdivided at a time when the Zoning Ordinance allowed small lot ?latting in the agricultural areas. However, the Zoning Ordinance and Comprehensive Plan were amended to the current 4 units p~r quarter/quarter section density formula. Each lot of record subject to a building permit. Due to the grandfather status of Lots 11 - 12, Block i and Lots 1, 13 - 14. Block 2, Titus 2nd Addition and all of the lots in Titus 1st Addition, the density in the NW 1/4 of the NW 1/4 of Section 23 will be 11 units. The applicant requests that the density be increased from 11 to 12 units, in this quarter/quarter section, which would allow the construction of one home upon the subject site. PLANNING CONSIDERATIONS: There have been two previous applications to increase density within the Rural Service Area, both of which have been denied. The Planning Commission determined in 1987, that DuWade Haris of 15220 Howard Lake Road, failed to demonstrate that hardship existed to grant a variance to increase density and that the request was inconsistent with the Comprehensive Plan. A similar finding was made for a separate property owned by Mr. Harris in 1980. The two previous applications demonstrate a clear precedence for denial of applications that seek to increase residential density within the rural service area. The City Council advocated in their 1992 Retreatc the idea to further limit development of the rural area and ~nstructed staff to include the provision to allow only I unit per quarter/quarter section, within the next Comprehensive Plan Draft. Staff has incorporated the language into the proposed 2010 Comprehensive Plan, however, there has been no formal review of the Plan by the Planning Commission nor City Council as of the date of this application. . The recent Council discussions, explicit policies and requirements of the current Comprehensive Plan and Zoning Ordinance, past precedent and Planning Commission findings related to the DuWade Haris proposals to increase density in the Rural Service Area, coupled with the the findings of Resolution 87-48 and the Appeals Court are the basis for the staff recommendation to deny the application to increase the density of the NW 1/4 of the NW 1/4 of Section 23. RECOMMENDATION: The recommendation from staff is to deny the variance application on the basis that the request is inconsistent with the Zoning Ordinance and Comprehensive Plan. Literal enforcement of the Ordinance would not result in undue hardship. The property can continue to be used for the agricultural purposes that have occurred on the property in the past. The hardshl~ in this ca~e is not caused by the Ordinance nor the City of Prior Lake but is a direct result of actions proposed by the applicant. The variance would not observe the spirit and intent of the Ordinance and is in fact, in direct conflict with the objectives of the Zoning Ordinance and Comprehensive Plan. Approval of this variance could potentially establish a precedent which would undermine the intent of the Rural Service Area policies: Rural area development objectives seek to protect existing agricultural investments until such a time as public utilities may be extended and there is a need for additional urban development. The City currently has hundreds of acres of R-1 Zoned Land within the MUSA boundpry which are available for urban development. The subject site is located outside of the Year 2000 Urban Service Area and as such, the residential density should be restricted until such a time as municipal utilities are extended to the site, in a planned manner, consistent with objectives of the City of Prior Lake and Metropolitan Council. % :! - , . ! mn. mdm,~ ~-4-1 5-4-1 (M) (N) (0) Densities are bas~l upon ~e minimum lot IlZl indicated in the table following subsection (P) ct this Section. Densities for attached housing units Including townhousee, condominiums, and apartments are based upon the relationship between the bulldable land and the allowable gross density. The need for streets has been accounted for in the gross density per acre. In the Agricultural Conservation Districts located In the rural Service area as define-d-~-~i-Fr[(~r--~a-Ee--C0~pr--~h-~n-si-ve Plan, 'f~-~--~--~4)' dwellings per iich-~_ua--~ ~q/~_u~Y-__~_c~-t~_o?:-_-:}hall be permitted pr_ovicl-~-~ ~ 1. Other farm or nonfarm dwellings present would not exceed an overall density of four (4) units per quarter section. 2. The dwelling units shall be located entirely within one quarter/ quarter section on a separately owned parcel which shall be at least one acre In size. 3. The parcels may have access from a private road or easement I~rovlded that private roads or easements serving separate parcels are separated from adjacent driveways on the same side of public road by a minimum of three hundred thirty feet (330'). No driveways serving separate parcels shall be permitted within three hundred feet (300') of intersections of County roads with minor arterials and County roads and local roads. 4. All dwellings shall be separated at least three hundrecl thirty feet (330') from the nearest farm building or from another dwelling. 5. Applications for building permits shall be accompanied by a registered land survey of the parcel, including the location of proposed dwelling, access to the parcel from public roads and all structures within three hundred thirty feet (330') of the proposed Site. All new housing units must anticipate the future need for expansion, storage and/or garage. Toward that end, single.family and two-family houses shall be constructed so that future garages may be built without variances. Single-family and twin homes Shall be constructed with any of the following options: 1. Single level of living space, plus basement. 2. Two (2) levels of living space. 292 RESOLUTION 87- 48 RESOLUTION PARTIALLY VACATING THE PLAT OF TITUS 2ND ADDITION, SCOTT COUNTY, MINNESOTA MOTION BY FI?Z~ERALD SECONDED BY SCOTT WHEREAS, the final plat for Titus 2nd Addition, Scott County, Minnesota was approved by the City Council of the City of Prior Lake on March 4, 1974 and said plat was filed with Scott County Recorder's Office On April 19, 1974, and WHEREAS, the minutes of the City Council dated April 25, 1977 and as further evidenced by Resolution No. 77-12 approved the vacation of a portion of Foothill Trail, the principal road through the plat and main access road, East of the East lot lines of Lots 11 and 13, and WHEREAS, the minutes of the May 9, 1977 City Council meeting indicate the approval of the vacation of Titus 2nd Addition and further directed that the City Manager send copies to proper personnel in Scott County notifying them of the vacation of Titus 2nd Addition, and WHEREAS, a letter dated May 19, 1977 signed by the City Manager of the City of Prior Lake was recorded in the Scott County Recorder's office on June 1, 1977 at 3:00 p.m. as Document No. 155929 indicating that 9 portion of Foothill Trail according to the plat of Titus 2nd Addition, Scott County, Minnesota, lying Easterly of the Northerly extension of the Easterly line of Lot 13, Block Two of said plat of Titus 2nd Addition has been legally vacated, and WHEREAS, the following lots of Titus 2nd Addition were subsequently sold by William Henning and building permits were issued as those lots had access to public roads. Lots 11 and 12, Block One; Lots 1, 13 and 14, Block Two, Titus 2nd Addition, Scott County, Minnesota, and WHE,R,E~S~_, the City Council for.the City of Prior Lake passe4 Ordinance No. 75 12 on August 25, 1975 in which Section 4.2 of the City of PFior Lake Zgning Ordinance was_amended to prohibit platting in areas within the City of Prior Lake without sanitary sewer and water, and WHEREAS, the plat of Titus 2nd Addition is located within an area without access to sanitary sewer and water, and W~IEI~AS, Minnesota Statutes Chapter 462.358, Subd. 3(c), codification of the common law of the State of Minnesota,apermits the governing body of a munici~ality to require a s.ubdivider to submit a new application for subdivzsion approval following two years after final plat approval unless substantial physical activity and investment has occurred in reasonable reliance upon the previous final approval and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application, and WHEREAS, the subdivider has not made ~ubs~an~i&l physical ac~iv£~¥ end investaent in the plat of Titus 2nd Addition, and WHEREAS, the City Council of the City of and reaffirm the previous actions of the forth the current status of a portion of Prior Lake wishes to clarify City Council and to set said plat, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that a portion of the plat of Titus 2nd Addition is hereby vacated with respect to the following described property Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block One, Titus 2nd Addition, Scott County, Minnesota, and Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 and Outlot A, Block Two, Titus 2nd Addition, Scott County, Minnesota; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be recorded With the Scott County Recorder's office. Passed and adopted by the Council this 8th 1987. day of September , Yes No Andren Fitzgerald Larson Scott White / Ci Ci Manager of Prior Lake X Scott County NOTICE. MEDIA AND CGL;NS~'.L ARE ~ROflIBITED FIIOM r..~.-.-,., TH~ OPTION (,R C~.~.E!i FL~LIC P~,IOB TO 12:01 A.t4. OF THE F'.~ DA~ IN COURT OF APPEALS C4-88-1704 Foley, Judge William F. Henning, Appellant, Village of Prior Lake, Respondent. Larry B. Guthrie Nancy B. Hupp Maun, Green, Hayes, Simon, Johanneson and Brehl 3500 West 80th Street, t520 Minneapolis, MN 55431 Kay Nord Hunt V. Owen Nelson Lommen, Nelson, Cole & Stageberg, P,A, 1100 Twin City Federal Tower Minneapolis, MN 55402 Filed~ February 21, 1989 Office of Appellate Courts SYLLABUS In a municipal zoning case, the trial court properly granted summary judgment to respondent where the parties stipulated that there were no material issues of fact: and where respondent was entitled fo summary judgment as a matter of law, Affirmed, "' Heard, considered and decided by Foley, Presiding Judge, Forsberg, Judge and Stone, Judge.* OPINION FOLEY, Judge This appeal is from a summary judgment granted to respondent Acting as Judge of the court of appeals by appointment pursuant to Minn. Const. art. 6, S 2. Village of Prior Lake where the parties stipulated that there were no material issues of fact, and where the trial court concluded that Prior Lake had a sufficient legal and factual basis both to require the submission of a new application for Titus 2nd Addition pursuant to Minn. Stat. S 462.358, subd. (1986), and to refuse to replat the land. We affirm. FACTS A plat for Titus 2nd Addition was approved for filing by the Prior Lake City Council on March 4, 1974. This plat was filed by Eagle Creek Properties, and recorded at the Scott County Recorder's office on April 19, 1974. Appellant William Henning was president of Titus, Inc., the corporate partner of Eagle Creek properties. The approval of this plat included the dedication of Foothill Trail, which runs through the middle of the plat. In 1977, a portion of Foothill Trail was paved by Eagle Creek Properties at an approximate cost of $15,000. Of the 26 platted lots, 10 'are owned by Henntng and his wife. tn 1977, Henning requested that development of Titus 2nd Addition be held in abeyance until the real estate market improved. The city council and the mayor, Walter Stock, decided that to accede to Henning's request, they would allow a vacation of the unimproved portion of Foothill Trail and at a later date allow rededication of Foothill Trail. Stock stated by affidavit he understood Henning would request rededication within a reasonable time which, according to Stock would be a maximum of three to five years after the requested vacation. Stock and the city council approved the vacation of a portion of Foothill -2-- Trail. Henning did not discuss what el~fect the vacation would have on the plat of Titus 2nd Addition and any future plans he might have for subdivision. In 1980, a representative of Henning requested the Scott County Assessor's office tax Titus 2nd Addition on an agricultural basis instead of a residential basis. Henning's representative informed the deputy county assessor that Henning had no intention of doing anything with the property, The deputy county assessor inspected the land and was satist~led that the property was being used for agricultural purposes. Since 1980 the Scott County Assessor's office has taxed the land based on an agricultural classification. In 1986, Henning requested rededication o~ the portion of Foothill Trail tha~ had been previously vacated and the issuance of a building permit for each lo~ marked in ~he original subdivision plan so that he could develop Titus 2nd A~ditton. Prior Lake denied Henning's request for rededlca~lon of Foothill Trail pursuant to Minn. Stat. S 462.358, subd. 3c. Prior Lake likewise denied the building permits because the lots did no~ have access to public roads and the permits did not comply with a 1975 amendment to the zoning ordinances prohibiting platting and subdividing of property tn areas without city sanitary sewer service. The Titus 2nd Addition property is no~ serviced by sewer lines. The trial court entertained cross-motions for summary Judgment. The parties stipulated there were no material issues of ~act, only interpretation o~ law was at issue. The trial -3- court granted summary Judgment tn favor o[ t~r[or Lake, concluding that the municipality proceedings were [atr and the record clear and complete. This appeal followed. ISSU~ Did the trial court err in granting summary Judgment? ANALYSIS When reviewing an order granting summary Judgment, this court must determine whether there are any genuine issues of material fact and whether the trial court erred in its application of the law. L & H Transport, Inc. v. Drew Agency, .Inc.., 403 N.W.2d 223, 227 (Minn. 1987) (citing Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn. 1979)). Where questions of law are raised, this court is free to conduct an independent review of the law. Service Oil, Inc. v. Triplet_t, 419 H,W.2d 502, 503 (Minn. Ct. App. 1988), pet. for rev. denied (Minn. April 20, 1988). Here, the parties stipulated tllat there are no issues of fact in dispute and only the interpretation of law is involved. .Swanson v. Ctt~, of Bloomingtqn, 421 N.W.2d 307 (Minn. 1988), thoroughly discussed the standard for our review of decisions made by municipal officials: In White Bear Docking and Stora,ge{ Inc. v. City of t~htte Bear Lake; 324 N.W.2d'I74,"I?5 (Minn. 1982), w~ ~:0nsidered the-role of the judiciary in countermanding zoning decisions reached by municipal offigtals and concluded that "ti]he court's authority to interfere in the management of municipal affairs is, and should be, limited and sparingly invoked." We reiterated the rule we had set out in Honn v. City of Coon Rai~ids governing standard of review in zoning matterS': "The ~tandard of review is the same for all zoning matters, namely, whether the zoning authority's action was reasonable * · * Is there a 'reasonable basis' for tho decision? -4- or ~s the decision 'unreasonable, arbitrary o= capricious'? or is the decision 'reasonably debatable'?" 324 N.W.2d at 176, quoting Hp.nn, 313 N.W.2d ac 41~. We said that, except in those rare cases in which the city's decision has no rational basis, 'it is the duty of the judiciary to exercise restraint and accord appropriate deference to civil authorities in the performance of their duties.' * * * We determined in Northwestern College v. City of Arden Hills that the scope of review to be used for zoning matters would be the same as that used for state administrative agency decisions. 281 N.W.2d 865, 868 (Minn. 1979). We indicated that the review would be of the record made before the local zoning body. That is, the review by the district- could would be made on the municipal record and the supreme court would make its review on the same record. We said, quoting Reserve Mining Co. v. Herbst, 256 N.W. 2d 808, 824, (Minn~ 'I977), ' [I]t is our function to make an independent examination of an administrative agency's record and decision and arrive at our own conclusions as to the propriety of that determination without according any special deference to the same review conducted by the trial court.' Id. Id. 421 N.W.2d at 311. In our analysis, it is helpful to review the location of the plat now under consideration. The city planner described the location of the plat at a June 15, 1987 city council meeting as follows~ [Titus 2nd Addition] is a plat that dates back to the early days of Prior Lake and Eagle Creek Township area. Focus of the issue is the vacation of Foothill Trail which occurred in 1977 at the request of l~r, ttenning and subsequently was granted by the city council at that time. * * * Staff reviewed the application and the findings back in 1986 and concluded that the plat had in fact been altered and a replat would have to comply with the conditions and laws applicable today to subdivision regulations. Since 1977, the city has done much more extensive planning and in fact as a result of the 1976 Planning Act, the City o[ Prior Lake '~ltvided the city into urban and rural service districts. This -5- particular plat which is in the extreme northern edge of the community is part of the ~u=a! service area and Lhat area which is not sub~leCt to ~ece~ve until the vear 2000. * * * I~ this pla~ ~e~e to be allowed to develop, build out the density, would be much highe~ than that. On that bas~s and that ~nte~m planntnq within the last 10 7ea~s, the sta(~ denied the plat. Minn. Stat. ~ 462.358~ subd. 3c provides that ~o~ two years (ollowinq ~nal subdivision approval, no amendment to a comprehensive plan shall apply to dedication oc platting permitted by the approved application. Thereafter, the municipality may ~equ~re the submtss~on o~ a new application un~ess substantial physical activity and investment has occu~ed ~n reasonable ~eliance on the approved application and the subdivider will suE~ec substantial ~tnanc~al damage as a consequence o~ a requirement to submit a new application. The plat ~oc Titus 2nd Addition was approved ~n 19~4, and the vacation o~ Foothill T~a~l was approved In 1911. Hennlng sought ~ededlcation o~ the vacated portion o( Eoothill'T~a~l 1986. Benn~ng's request was untimely, and Pc~o~ ~ake may requ~e Hennlng to submit a new applicat~on under Minn. Stat. 462. Howeve~ ~ the statute p~ovides an exception to the ~equirement o~ the submission o~ the new application, pa~t~ can show that substantial physical activity and investment has ~cur~ed tn ~easonable ~eltance on the approved application an~ that substantial ~lnanctal damage will be su~e~ed as a consequence o~ a ~equirement to submit a new application, no ne~ application shall be ~equi~ed. -$- The city council passed a resolution ~inding "the subdivider has not made substantial physical activity and inves~men~ in ~he pla~ o~ Ti~s 2nd Addition." Ou~ ~ev~e~ of ~he reco~d ~eveals ample support ~or this finding. ~enning a~gues he has incurred substantial physical activity and investment and .will suffer substantial financial damage as a result of having to submit a new application. He offers in support of his contention the $15~000 cost of paving a portion of Foothill Trail and the ~act that unplatted his land is worth approximately ~35,000 but platted it is worth approximately $1~7,000. He argues these facts satisfy the requirements of the statute. We disagree. Hennin9 has 'done nothing to constitute substantial physical activity and investment. The cost of the pavement of Foothill Trail was incurre~ by Eagle Properties, not Henning. Further, the portion of Titus 2nd Addition where the unimproved Foothill Trail exists is undeveloped land. Hennin~ indicated there has ~en little activitF on the land and in 1980 requested that it be taxed at. an agrl~ltural rate. With respect to 8enning's potential profit loss, the minutes si the cit~ council's meetings indicate that he bought the land at a low rate in hopes of developing it. Finally, the statute provides an additional exception to the requireme,t of the submission of a new application within two years~ In connection with a subdivision involvin~ planned and staged development, a municipalit~ ma~ b~ resolution or agreement 9rant the rights referred to herei~ [or such periods o~ time longer than two years which it determines to be reasonable and appropriate. -7- Minn. Stat. $ 462,358, subd, Harming argues that Prior Lake agreed that he could seek cededication of the vacated portion o~ Foothil! Trail at any time. Zn suppport, he offers an affidavit [rom Stock, stating it was his understanding Henning would request rededication Foothil! Trail within a reasonable period o[ time, not to exceed ~hree to f~ve years. Accordingly, ~enning*s claim {ails as his reques~ came almost l0 years later. Thus, it was reasonable [or Prior Lake and within its authority to refuse to rededicate Foothill Trail on the basis of Minn. Stat. ~ 462.358, subd. Henning argues that because Prior Lake issued building permits to other landowners on lots within ~itus 2nd Addition, it has acted arbitrarily by failing to issue building permits to him. While it is true that building permits were issued to other landowners in the Titus 2nd Addition, Prior Lake asserts those lots had access to public roads and complied with the 19~$ zoning amendment. Henning has {ailed to show that the other landowners did not comply with the 1975 zoning amendment and that the city acted Henning vas denied building permits because his lots did not have access to public roads and did not comply with the 1975 amendment to the 3oning ordinance. ?bus, it was reasonable Prior ~ake to deny the building permits requested by Harming, Finally, Henning raises an equal protection argument not raised at the trial court level. Constitutional issues may not be raised for the first time on appeal. St. P~u? Citizens for -8- Human Rights v, City Council, 289 N,N,2d 402, 407 (Minn, DECISION UpOn review o[ the city council's records and decision, we hold that Prior Lake had a reasonable basis [or requiring a new application under Minn. Stat. S 462.358, subd. 3c, and for declining to issue the building permits. Affirmed. -9- July 15, 1992 Dear City Council Members, Please accept this as my support in rezoning the property owned by Bill Henning, that is located off of the East end of Jackson Trail from it's present status to one 15 acre lot. Respectfully, Jeffrey Menke Jackson Trail homeowner GONYEA LAND COMPANY el00 WEST BLOOMINGTON FREEW, I,Y MINNEAIKXIS. MINNESOTA 58431 TELEPHONE (e12) eM-I 1 July 13, 1992 Mr. Bill Henning Bill Henning Company 13208 NE Henning Circle Prior Lake, MN 55372 RE: Proposed Building Site Dear Bill: Concerning your request to build a house on the acreage immediately south of my "Meadowbrook Run" development, I am in receipt of the public notice and have no objection to your proposal, Yours truly, DarrelE. Go~~ DEG/mas To; Planning Commission City of Prior Lake Subject; Variance Application for William Henning Lots 6 - 10, Block 1, and Lots 7 - 12, Block 2, Titus 2nd Addition We support the proposed Variance Application and believe it will be an attribute to the area, and furthurmore believe it will not be detrimental in any way. July 15, 1992 Douglas A and Judith A Johnson 4880 Martindale St. N.E. Prior Lake, Mn 55372 CITY OF PR/OR LAKE A2PLICATION FOR VARIANC~ Applicant: ~-~-" ,~ Address: /3,~ .,,~z=',,~'/,/,.'A..',~ Property O~ner: Address: Type of C1mership: Fee Consul tant/Cont factor: Contract Home Phone: .~--'.~-~-' .,Z.,/ ? '~ Work Phone= Home Phone.., Work Phone:. Purchase Ag reement Phone :, Zxisting Use Proposed ~3se . ~ ~scription of Vari~e Site: Variance k:quested: ,, Present Zoning Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site Qr any part of it7 _A~. Yes No What was requested: .~;: ~ o© ,~ ' ~ t ~:' ~/- When.. / ~ ~ .~ Disposition: Describe the type of improvements proposed: SUBMISSION REQUI ~S: (A ) Compl et ed application form. CB)Filing fee. (C)Property Survey. (D)Certified free abstract firm, names and addresses of property owners within 100 feet of the exterior bo~daries of the subject property. (E)complete legal description & Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1"-20'-50' showing: The site develotznent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. OI~Y COMI%~ APPLICRTIONS STALL BE REV/D~) BY THE PLANNING (ID~ISSION. To the best of ~y knowledge the information presented on this form is correct. In addition, ! have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree to provide information and follow the procedures as outlin~ iR the Ordinance. ~..- S2~mitted this 2 ~.day ~ of, l~_~ Applicants Signature · THIS St:RCE IS TO BE FILL~I) OUT BY THE PLANNING ~I~ 03~I SSIO~ CITY (XXII~L APPEAL , APPN3F~ DENI ED Signature of the Planning Director Date I 0,~ Gl ,,i.,I ~ q,,.I .~l ii Date: To: From: Re: 3 August, 1992 Prior lake Council William and Nancy Jepson 13207 Henning Circle Prior Lake, MN 445-6147 Henning variance Memorandum We wish to support the request for variance in the Titus 2nd additions for the following reasons: We own two lots (3 and 4) in Titus 1st addition abutting on the south border of the lots in question, presently there is only one house on nearly nine acres, another could be built on lot 3. The proposed single dwelling on the described site of over ten acres would be similar to our property and to the southern-most site on the G~onyea property just north, in ,Shakopee, is to have one home on 15 acres. These three home sites would be match well in their house to land ratio. We came before this council a couple years ago when the Henning's sought to build ten or more houses on this land to our north, we rendered my strong objection to so many Now we welcome one, We fear that in the future if this property may be reclassified and there will again be a plea for more houses.The nullified plat map used for these hearing might be reasserted by some future developer. This property is unique and should qualify for a variance. The two homes now existing in Titus 2nd are at its very west edge no doubt because they were placed according to the old vacated platting Being along Pike Lake Trail they have little practical affect on the density. This property is also unique because it lies on the border Prior Lake. In this instance Shakopee has already determined the usage of the land to the north and to the east of this "pan handle". This prevents it from ever being truly agricultural and has already established the densilty of the surrounding property This has been done without regard to the Plan of Prior Lake It would be unfair to the Henning's to treat their property as different from the neighbors. AGENDA NUMBER: SUBJECT. · PREPARED BY: DATE: 6 CONSIDER APPROVAL OF COMPREHENSIVE TRANSPORTATION STUDY LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS AUGUST 3, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The purpose of this Agenda item is to authorize Strgar-Roscoe-Fausch, Inc. (SRF) to prepare a Transportation Plan as an element of the Comprehensive Plan and to also analyze the impact of The Wilds Development on local and County wide traffic circulation systems. A Transportation Plan is a required element of the Comprehensive Plan. The objective of this study is to prepare a Transportation Plan that will support the City's anticipated development and provide adequate access for its residents and businesses. In addition, the study will also analyze the traffic impacts of The Wilds Golf Club and the Shakopee Mdewakanton Sioux Community on the local and .regional roadway system, and will propose mitigation necessary for the development traffic to operate at acceptable levels of service. Staff has requested SRF to prepare a proposal for this work, a copy of which is attached. SRF did the Transportation Plan for the City of Savage and Scott County, and accordingly a substantial amount of background information from those studies can be utilized, reducing our cost. The study on The Wilds will be completed earlier to coordinate with the EAW for The Wilds and the city wide study will be completed in fifteen weeks. Staff believes that the study will be necessary to augment the data for the EAW process. The cost of the study is $19,950.00 and Staff believes, based upon Transportation Studies, for other communities that the proposal from SRF is reasonable. Staff has requested the developer for The Wilds to participate in the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: cost of the study in the amount of $4,000.00. The developer has agreed to participate in the cost of the study. Staff will also request the SMSC to participate in the cost of the study in the amount of $1,000.00 and probably will not have a response from them as to their cost participation prior to the meeting. SRF, upon Staff's request, determined the cost breakdown between the parties. The alternatives are as follows: Authorize SRF to do the Transportation Plan. Table this item for a specific reason. Deny approval of the Transportation Plan. RECOMMENDATION: BUDGET IMPACT: COUNCIL ACTION: The Transportation Plan is a required element of the Comprehensive Plan and the development in the County Road 83 area needs to be analyzed to determine what supportive infrastructure improvements are necessary. Approval of Alternative #1 is recommended. The cost of the study would be paid from the Contingency Reserve Fund. The balance currently is $86,881.32. The cost of the study to the City is between 14,950.00 and 15,950.00 depending upon whether or not the SMSC participates in the study. Council action may vary depending participation by the developer. on SRF STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS 'F[~;\NNPUI~T~,'rII)N J CIVIL · ,WI'RUCT~.iI,[&L J FNVIRONMI-,N FAI. II I.,\Nt) SliP,,. ~YORS July 29, 1992 Mr. Larry J. Anderson, P.E. Director of Public Works CITY OF PRIOR LAKE 4629 Dakota S.E. Prior Lake, Minnesota 55372 RE: TRANSPORTATION PLAN FOR THE CITY OF PRIOR LAKE AND IMPACT ANALYSIS OF THE WILDS GOLF CLUB PROPOSED DEVELOPMENT Dear Mr. Anderson: Cu[ p[opo-~al of July 27, 1992 specified an overall timeline of !5 weeks for completinn of the Transportation Plan, and six weeks for the special traffic study of the Wilds development proposal. After discussit~g the Wilds EAW schedule with you, we are offering to adjlJSt our priorities to ensure that the traffic study information can be Input into the EAW, as required by MPOA. This means that we will endeavor to complete the Wilds Traffic Study in four weeks, beginning with receipt of authorization to proceed on tr~e project. Please be advised, however, that since the EAW review clock will start tickingas soon as the notice is published, we would have to start work on the project at the beginning of next week. Thank you for the opportunity to assist the City of Prior Lake on this project and we await directions from you on when to proceed. Sincerely, STRGAR-ROSCOE~FAUSCH, INC. Forrol O. Robinson Principal FOR:bbs Suite 150, One Carlson Parkway North, 3~[inneapolis, Minnesota 55447 SRF STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRANSPORTATION· CIVIL· STRUCTURAL · ENVIRONMENTAL· LAND SURVEYORS July 27, 1992 Mr. Larry J. Anderson, P.E. Director of Public Works CITY OF PRIOR LAKE 4629 Dakota S.E. Prior Lake, Minnesota 55372 '/t/?-.., ", ,, RE: TRANSPORTATION PLAN FOR THE CITY OF PRIOR LAKE AND IMPACT ANALYSIS OF THE WILDS GOLF CLUB PROPOSED DEVELOPMENT Dear Mr. Anderson: In response to your request, we are pleased to submit this proposal to conduct the referenced project. The objective of this study is to prepare a Transportation Plan that will support the City's anticipated development and provide adequate access for its residents and businesses. In addition, the study will also analyze the traffic impacts of The Wilds Golf Club proposed development on the local and regional roadway system, and will propose mitigation necessary for the development traffic to operate at acceptable levels of service. B~IC SERVICES We would propose to carry out all the work as described in the attached Scope of Services. BA~IS OF PAYMENT We would propose to be reimbursed for our services on an hourly basis at a rate of 2.5 times salary cost for the actual time expended, and at actual cost for the out of pocket expenses (printing, reproduction) and mileage at a rate of $.26 per mile. Invoices would be submitted on a monthly basis for work performed during the previous month with payment due within 30 days. The total cost for our services on this project is estimated at $19,950 and we will not exceed this figure without your approval. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 Mr. Larry J. Anderson, P.E. - 2 - July 27, 1992 The estimate of cost is based on the attached Scope of Work. It is understood that if the scope or the extent of work should be adjusted at any time, the project cost will be adjusted accordingly. NOTICE TO PROCEED A signed copy of this proposal returned to this office or your verbal authorization will serve as notice to proceed. We will begin the work immediately thereupon and will complete the overall project within 15 weeks. The special report on The Wilds development would be completed within six weeks. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if additional information regarding the subject is required. Very truly yours, STRGAR-ROSCOE-FAUSCH, INC. Ferrol O. Robinson Principal FOR:bba APPROVED: Name Title Date CITY OF PRIOR LAKE TRANSPORTATION PLAN SCOPE OF SERVICES TASK 1--PROJECT MOBILIZATION a. Meet with City staff to discuss the Scope of Services, project schedule and meeting and presentation schedule. b. Identify available information that is relevant to the project· c. Review related transportation planning efforts to ensure consistency between this and other studies, and to avoid duplication· Previous efforts include: · Draft Comprehensive Plan · C.S.A.H. 18 Comprehensive Plan Amendment (not yet approved by the Metropolitan Council) · C.S.A.H. 18 Interchange Layout and Design · C.S.A.H. 21 Alternatives Study · Scott County Transportation Plan · City of Savage Transportation Plan d. Review the area's land use and zoning, including The Wilds Golf Club proposal. TASK 2--IDENTIFY AND COLLECT LAND USE, TRAFFIC AND OTHER RELEVANT DATA Collect available 1980 and 1990 traffic counts on local roadways. (Mn/DOT and County Roads traffic are already available from the Scott County Transportation Plan). In particular, identify and collect traffic data necessary for analyzing the impacts of The Wilds Golf Club proposal and the Mystic Lake Casino. be Collect 1980 and 1990 population, households and employment (available as part of data prepared for the Scott County Transportation Plan). Collect data related to The Wilds Golf Club development proposal including hotel size (rooms), number of dwelling units, commercial development, anticipated special events, etc. Similarly, collect data related to the Mystic Lake Casino. 1 do fo Identify physical constraints (to be provided by City staff). Coordinate the Transportation Plan preparation activities with available facility and development plans. Review the status of the proposed changes to the Metropolitan Urban Service Area (MUSA). TASK 3--ANALYZE YEAR 2010 LAND USE FORECASTS ao Review City estimates of population, households employment in the study area for the year 2010. and bo Compare the above estimates with Metropolitan Council estimates and document differences. If necessary, meet with the Metropolitan Council to discuss and reconcile differences. Compare the City's year 2010 population, household and employment forecasts with the forecasts used in the Scott County Transportation Plan. Using the detailed traffic analysis zones defined in the plan, develop ratios of city- to-county estimates (by zone) for subsequent use in developing future traffic volumes for the study area. (We expect that the City estimates will be higher.) Include the effects of The Wilds development proposal. TASK 4--DEVELOP STUDY AREA TRANSPORTATION PLAN a. Develop a study area street and roadway plan that considers the following elements: · Existing roadway system. · Programmed and planned roadways in the study area. · Programmed and planned roadways in adjacent cities (Savage, Shakopee) and Scott County. · Physical and development constraints. · Future land use plan and proposed or planned development. b. The street and roadway plan would fulfill the following objectives: · Support existing and proposed development and future land uses; · Provide continuity of travel within the study area, and to adjacent communities; 2 . Minimize environmental impacts; and · Recommend roadway design speeds that are compatible with the various functions of the roadway system. TASK 5--PREPARE TRAFFIC FORECAST8 FOR THE YEAR 2010 Using the travel demand model developed for Scott County's Transportation Plan in 1991, refine forecasts for the study area. The refinements will be based on: The factors developed in Task 3 to reflect differences in City and County forecast of population, households and employment; Up to two development scenarios for The Wilds Golf Club property; and b. The refined network developed in Task 4. TASK 6--CONDUCT TRAFFIC IMPACT AND MITIGATION ANALYSIS The traffic impact analysis will identify capacity and safety problem areas, and will provide the information for determining system needs. A special analysis will be made of the traffic and safety impacts related to The Wilds Golf Club development proposal. Mitigations will be examined including provision of additional capacity, construction of new roadways, better use of transit and Travel Demand Management (TDM), intersection geometric improvements, signalization of intersections, and impacts on the regional system. TASK 7--DEVELOP A FUNCTIONAL CLASSIFICATION ROADWAY SYSTEM IN THE STUDY AREA SYSTEM FOR THE Based on the land uses served by the street and roadway plan and the traffic forecasts on the system, classify the streets and roadways by function according to the following designations: . Principal Arterial · Minor Arterial · Major Collector · Minor Collector · Local ee fe Document the rationale used for the functional designation, and compare to the Metropolitan Council guidelines. Consider the State Aid System when developing the Functional Classification System. Determine ten-year and 20-year roadway improvements in the City, including number of lanes, intersection channelization and new roads. Develop recommendations regarding street layouts aimed at reducing through traffic speed on residential streets. Analyze the role of County Road 42 corridor through the City of Prior Lake and recommend access restrictions. Analyze the role of County Road 83 as a commercial and recreation corridor, from Murphy's Landing to Spring Lake Regional Park. h. Prepare typical cross-section drawings of roadways, pedestrian trails and typical intersections. TASK S--MEETINGS AND PRESENTATIONS a. Attend up to three coordination and working sessions with city staff. b. Make up to two presentations to City Council and/or Planning Commission as directed by staff. TASK 9--PREPARE DRAFT AND FINAL REPORT The project report will contain relevant data, documentation of findings and recommendations. A color map of the Transportation Plan for the project area will be included, showing the Functional Classification designation. A special report will be prepared documenting The Wilds Golf Course development, its impacts on the local and regional roadway system and impact mitigations. ';,%, ,%, "CUO1CC" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 7 DEB GARROS$, ASSISTANT CITY PLANNER CONSIDER CONDITIONAL USE PERMIT FOR JAMES JOANNE THOMPSON AUGUST 3, 1992 AND The Planning Commission considered a conditional use permit application from James and JoAnne Thompson of 18121 Pandora Blvd., Prior Lake. The application was filed according to Section 5-6-5 of the City Code that specifies the requirements for conditional use permit review. The specific request is to operate a "Boarding House" as defined by Section 5-1-7 of the City Code in an R-I, Urban Residential Zoning District. "Boarding Houses" are a conditional use within this zone. The Planning Commission vote on the proposal was split with Wuellner and Loftus opposed( Arnold and Roseth in favor, therefore the issue is considered denied due to lack of a majority to pass the conditional use permit. The City Council is responsible to review all conditional use permits for final action. Discussion of the Planning Commission indicated concerns about expanding the operation above and beyond what is permitted by statute, possible reduction of value of adjacent properties due to the nature of the use, concern relative to parking of vehicles, in the event the garage is converted to living space as proposed. See attached excerpt from the Planning Commission minutes dated July 16, 1992 for reference. The applicant's have operated a "State Licensed Residential Facility" as defined by MS 462.357 Subd. 7, attached. The State of Minnesota has mandated, within the statutes, that certain land uses must be permitted, by cities, within single family.zones. Subd. 7, permits a state licensed residential facility serving six or fewer persons. The subject site has been used to house senior residents for a number of years. The City Council of Prior Lake did not authorize the licensed care 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNFFY EMPLOYER facility due to the overriding authority ~rovided in Minnesota Statutes. The proposal is to increase the number of residents from five to nine. Unfortunately, the City Code does not have" ' - ' Facility" Licensed Residential listed as a use within the R-1 Zone. However, "Boarding Houses" are listed as a conditional use in the R-1 Zone. Therefore, the application is to consider a conditional use permit for a boarding house to be located at 14170 Grayling Circle. Staff is uncomfortable with the "Boarding House" definition as it applies to the licensed care facility on Grayling Circle. However, the Zoning Ordinance provides no other alternative processing means for this application. PHYSIOGRAPHY: The subject site is part of a metes and bounds subdivision that was annexed to the City of Prior Lake in 1974. The lot contains approximately 24,000 sg~.are feet of area and is approximately 90' w~de at the front setback line. The site currently contains a single family home and attached garage. The proposal is to convert the existing garage to two additional bedrooms and a family room. The applicant has indicated a desire to build a second garage, should the conditional use permit be approved. There is a large setback area and front yard with an existing driveway that can currently accommodate three to four cars in depth. An attached garage could conceivably be built within the front yard. allowing on site parking as required by the Zoning Ordinance. (2 parking spaces per dwelling unit). However, there is no survey information on file for the prope.rty therefore, staff is unable to determine whether a .garage could be built without setback variances from the front or side yard. It should be noted that a garage is not mandatory according to the Zoning Code as long as there is a basement, or storage of three hundred thirty square feet. ADJACENT USES: The adjacent neighborhood is fully developed with single family homes with the exception of a four-plex that is located northeast of the subject site at 14151 Grayling Circle. The neighborhood was platted and developed prior to being annexed into the corporate limits of Prior Lake. NEIGHBORHOOD ISSUES/CONCERNS: The dwelling where the conditional use is proposed is currently well maintained. From the exterior, it appears to be a single family PLANNING CONSIDERATIONS: home and there are no outward indications that the site is a licensed care facility. There is no exterior slgnage and when inspected, only one car was parked in the driveway. The site is zoned for single family residences, however the property abuts The Harbor, townhome development and is across the street from a four-plex. Staff is concerned that there be adequate on-site parking and thpt the physicpl structure continue to be malntained as if it were a single family home. The Zoning Code requires two on-site parking spaces for the dwelling unit. The use as ~roposed will accommodate the required parking. It is essential that the use not deter from the single family neighborhood environment for whach the sate is zoned. To date, the operation has accomplished that objective. The number of individuals that occupy the home is a concern however, staff has no reason to believe that the exterior .appearance nor impact to the neighborhood wall change with the addition of four senior residents. The applicant should be advised to obtain a certificate of survey in order to determine whether the addition that is proposed to house the additional residents, can be built compliant with setback and lot coverage requirements of the Zoning District. A "Boarding House" is defined by the City Code as: A building, not a hotel or motel, where for compensation and for prearranged periods, meals and/or lodging are provided to not less than three (3) nor more than ten (10) persons. The Zoning Code allows "Boarding Houses" as a conditional use however, staff is not aware of any operating nor ever formally considered by the City of Prior Lake. The conditional use process requires hearings before the Planning Commission and City Council as outlined in City Code Section 5-6-5 attached. Notice of the hearing before the Planning.Co~mission was mailed to property owners wathan 500 feet of the subject si~e. Residents did attend the hearing to voace their concerns about expanding the facility. The concerns were discussed in detail by the Planning Commission. Residents were mailed notice of the City Council hearing. No additional comments have been received by staff as of the date that this report was DISCUSSION: written. Any comments received will be forwarded to the City Council at the hearing. The Planning Commission and/or City Council may attach conditions to approval of the application as deemed necessary to site, orient, and landscape, to produce a total visual impression and environment which is consiStent with the neighborhood. MS 462.357 grant the city the authority to require a conditional use permit in order to assure proper maintenance and operation of the facility, provided that no conditions be imposed on the facility which are more restrictive than those imposed on other uses of residential property in the same zone. The the City conditional use shall comply with performance standards outlined in the Code. The applicable performance standards for the proposed use are fire protection and noise. The applicant should be advised that an occupancy of the dwelling equal to or greater than ten individuals, will reclassify the building use and require the entire unit to be upgraded to meet fire and building code standards. The Zoning Code also limits the maximum number of individuals that can occupy a "Boarding House" to ten. It is the o~inion of staff that the request to operate a licensed care facility to house up to nine residents at 14170 is a reasonable use of the property that can be accommodated in the Grayling Circle neighborhood. The neighborhood contains a variety of residential densities ranging from single family to townhome and multi-family units. Staff is of the opinion that the use should be delimited by the application. The applicant proposes to house up to nine senior residents within the single family home. The care facility is licensed through the Minnesota Department of Health and provides assistance with daily living and supervision of senior citizens. The exterior of the dwelling an~ grounds should be maintained as if the dwelling were a single family home. In addition, the applicant should obtain a certificate of survey to indicate that there is adequate room to construct a garage without variances, prior to conversion of the existing garage. Staff has no objection to the addition of two bedrooms and living room, provided that the ALTERNATIVES: RECOMMENDATION: addition can be made to the home without need of setback variances. It may be necessary to consider alternative building design options for the addition, other than remodeling the existing garage. Approve the conditional use permit. Table the issue for specific reasons. Deny the conditional use permit. If it is the decision of the City Council to approve the conditional use permit to allow a "Boarding House" at 14170 Grayling. Circle, staff recommends the following conditions: Se e e The facility shall be licensed with the State of Minnesota. The number of residents should be limited to nine senior citizens, as outlined by the application. The maximum number of occupants, including staff personnel shall be limited to ten. The applicant should provide a certificate of survey to show that the proposed addition of two bedrooms and a living room can be built without the need of setback variances from the Zoning Code. Ail building code violations that are a result of the. increased occupancy of the dwelling, shall be brought into conformance with the Code. The exterior of the dwelling and grounds shall be maintained and operated in a manner that is consistent with the adjacent residential properties. The conditional use permit for the "Boarding House" shall become null and void as of the date of sale of the property or use, to an individual other than the applicant. In the event that the conditional use fails, then the facility must revert to a single family use with no transferability of the conditional use permit or revert back to the state licensed residential care facility status allowed by M.S. 462.357(7). At a minimum, the findings of the Council, either to support or deny the application, must be based upon items 1 - 6, of Section 5-6-5 (C), Criteria for approval of conditional use permits, attached. Conditional use permits must be reviewed according to the conditions applied by the ACTION REQUIRED: Zoning Ordinance. All decisions, whether to ap?rove o~ deny, must be supported by the six criteria ~dent~fied in the Ordinance, in order to avoid an arbitrary and capricious action. A motion to support or deny the app%ication with appropriate conditions and findings as specified by the Council. PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 2 Vote taken signified ayes by Arnold, Wuellner, Loftus. MOTION CARRIED. Roseth, and ITEM III - JAMES & JOANNE THOMPSON - CONDITIONAL USE PERMIT Joanne Thompson, 18121 Pandora Boulevard Prior Lake, stated they are requesting a conditional use permit ~o increase the number of senior residents from five to nine at 14170 Grayling Circle. This would be accomplished by converting the existing garage to two additional bedrooms and a family room. Horst Graser, Director of Planning, presented the information as per planning report of July 16, 1992. The subject site has been used to house senior residents for a number of years. There have not been any complaints on this facility to the Planning Department or the Police. The City Council of Prior Lake did not authorize the licensed care facility due to the overriding authority provided in Minnesota Statutes: A precedent is being established with this application. Staff is concerned that there be adequate on-site parking and that th? physical structure continue to be maintained as if it were a single family home. No comments were received by Staff from the neighborhood. Staff has no objection to the proposed addition and detached garage, provided that it can be built without need of setback variances. It is the opinion of Staff tha~ the request to operate a licensed care facility to house up to nine residents is a reasonable use for the subject site. Therefore, Staff recommends approval with the seven conditions listed in the planning report. Gil Rosco, 14190 Grayling Circle, is not happy with the proposed application and feels that the home is not large enough for the increase in residents. Comments from the Commissioners were on location of the garage, parking, number of staff, converted garage use, devaluation of property, and the history of the home and business. MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE CONDITIONAL USE FOR 14170 GRAYLING CIRCLE TO INCREASE THE NUMBER OF SENIOR RESIDENTS FROM FIVE (5) TO NINE (9) CONTINGENT ON THE FOLLOWING CONDITIONS: 1. THE FACILITY SHALL BE LICENSED WITH THE STATE OF MINNESOTA. 2. THE NUMBER OF RESIDENTS SHOULD BE LIMITED TO NINE SENIOR CITIZENS, AS OUTLINED BY THE APPLICATION. 3. THE MAXIMUM NUMBER OF OCCUPANTS, INCLUDING STAFF PERSONNEL SHALL BE LIMITED TO TEN. 4. THE APPLICANT SHOULD PROVIDE A CERTIFICATE OF SURVEY TO SHOW THAT THE PROPOSED ADDITION OF TWO BEDROOMS AND A LIVING ROOM CAN BUILT WITHOUT THE NEED OF SETBACK VARIANCES FROM ZONING CODE. PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 5. ALL BUILDING CODE VIOLATIONS THAT ARE A RESULT OF THE INCREASED OCCUPANCY OF THE DWELLING, SHALL BE BROUGHT INTO CONFORMANCE WITH THE CODE. 6. THE EXTERIOR OF THE DWELLING AND GROUNDS SHALL BE MAINTAINED AND OPERATED IN A MANNER THAT IS CONSISTENT WITH THE ADJACENT RESIDENTIAL PROPERTIES. 7. THE CONDITIONAL USE PERMIT FOR THE "BOARDING HOUSE" SHALL BECOME NULL AND VOID AS OF THE DATE OF SALE OF THE PROPERTY OR USE, TO AN INDIVIDUAL OTHER THAN THE APPLICANT. IN THE EVENT THAT THE CONDITIONAL USE FAILS, THEN THE FACILITY MUST REVERT TO A SINGLE FAMILY USE WITH NO TRANSFERABILITY OF THE CONDITIONAL USE PERMIT. Vote taken signified ayes by Roseth and Arnold. Wuellner and Loftus. MOTION DID NOT CARRY. Application forwarded to the City Council. Nayes by will be ITEM IV - PAUL ZANDER - VARIANCE Paul Zander, 16009 Northwood Road, stated he is requesting a 4 foot north side yard variance, a 35 foot lakeshore variance and a 6% lot coverage variance. Additional living space is needed and the house does not have a basement due to flood elevation. Sam Lucast presented the information as per memo of July 16, 1992. The subject site is heavily wooded and some trees would be lost to construction. DNR suggested reducing the lot coverage in some manner by possibly redesigning the garage as the lot is large. Staff recommends approval of the variance requested 35 foot lakeshore and 4 foot north side yard variance. They are reasonable requests of less than a previously granted variance and also the continuation of a legal non-conforming setback. The 6% lot coverage ratio variance is excessive and the coverage should be reduced by limiting new impervious_ surface and/or removing some existing pavement. The applicant agreed to reconfigure the garage and eliminate paving. The change eliminated the need for the north side yard variance. Comments from the Commissioners were on drainage, redesigning the garage, reducing coverage, and roof line. MOTION BY WUELLNER, SECOND BY ARNOLD, TO APPROVE A 4% LOT COVERAGE, A 35 FOOT LAKESHORE VARIANCE FOR 16009 NORTHWOOD ROAD. RATIONAL BEING THE SHAPE OF THE LOT AND THE PLACEMENT OF THE HOME WHICH WAS BUILT UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT CONTRIBUTES TO THE HARDSHIP FOR THE APPLICANT AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Wuellner, Arnold, Loftus, and Roseth. MOTION CARRIED. A recess was called at 9:10 P.M. 9:15 P.M. The meeting was reconvened at C 4~,J3't HOI~ING, Ill:D[V'I;LOPMf. N'f, PLANNING, 7,ONTNG should not ba excluded by muni<~ipal zenana ordinances or other land u~a regulations from the behests of no. al residc~tial su~oundinls. For pu~s~ throu~ 9, "person" has the meanin~ liven in section 24~A.0~, subdivision II, ~d~P~_~ sl~m_~. U~. A state li~ns~d r~sidential facility s~inl six ~[ ~er ~rso~s, a li~~ care fa~ ~in~' ]'2-0~ ~'~r~ni; a~d a ~rO~p family dnY. U~a~'~'~~n~ Rulu, pa~ 9S02,~ t0 ~,~ ~e '~prope~y ~ the pu~osa~ o~ zoning, Subd, 8. Pertained mul~fnmily use, Ex.pt as othe~i~e provided in ~u~ivision ~ or in any town, municipal or county zoninl regulation Is authorized by this subdi~. sion, a state licensed residential facility serial I'rom ~ through 16 persons or ~ licensgd day care facility se~mi from 13 throu~ 16 persons shall be considered a ~ittcd muitifamiiy r~idential use of prope~y for pu~oses of zoning, k township, municipal or ~unty zonifl~ autho~ty may require a ~nditionai use or s~cial u~ ~it in order to assure proper ~aiflle~ance and operation or a facility, provided that no co~ditiofl~ shall be i~posed on the facility which arc more restrictive than thosg impo~ed on other ~ditioflal uses or special uses of residentia~ pro~y in the same zones, unless the additional conditions are necessa~ to protect the health and safety o~ the residents the residential facility. Nothing herein shall be ~nst~ed to exclude or prohibit res~den. rial or day ~re faciliti~ from sin~e family zon~ if othe~ise pe~tted by a I~al zen. in~ regulation. ~lsto~:/~ c 670 ~ 7:/9~9 ~ 25~ s/;/~TJ c/2~ orr ~ ~ ~ ~ 2~8:/~82 c ~ ~ ~,,/~8~ c ~ ~ 2~:/~ c ~/7~ 6.~:/g85 c 62 ~ J; 1985 ~ 194 ~ 2J;/~8~ c ~:/~8~ c JJJ ~ 22; I~8~ c ~2 ~ 2;/9~ c J~l ar~ ~,3~ PR~EDU~ FOR PLAN EFF~A~ON; $UBDI~SION REG,; ~ONS. Subdi~sio~ I. [Re~e~led. 1980 c ~66 ~ Subd. la. Authorl~. To 9rotect and promote the public health. ~fety. nnd general ~1fnre. to ~rovide for the orderly, e~nomic, nnd safe development oflnnd, to pre~e n$~culturn~ ln~ds, to ~romote ihe availability of housin~ a~ordabl~ to ~so~ and fnm. ili~ of all in,me levol~. [~d to facilitate adc~u~t~ provision for trnns~ation. ~ater. ~$~. sto~ drninn~ ~h~l~ ~nrk~. plnyg~unds. ~nd other public ~ice$ and fnciliti~L n municipality may by ordinance ndoDt subdivision regul[tion~ ~$tabli$hin[ standards, reOuireme~ts. ~nd ~edure~ for the revie~ nnd of subdivisions. ~e re~ulation~ may cont~i~ va~ed ~rovisio~ made appli~ble only to. cc~ain classc~ or kinds of~ubdivisions. The reSul&tions ~h&ll ~ unifo~ for each class or kind of su~ivision. A municipality may by resolution gxtend the aDpli~tion of its su~ivision regula. tions to unin~ornted te~ito~ located within two miles of its limits in any direction but not in n to~ ~hich h~s adopted subdivision re~ulntioas; provided that where two or mo~ noncontiguous municipaliti~ have ~unda~es less th~n four miles epic, ~ch i~ authored to ~ntrol the su~ivi~io~ of land ~ual di~tan~ ~rom it~ ~undaH~ . within this aroL Subd. 2. [Repealed. 1980 c 566 s 35] S~bd. 2n. Terms of regulations. T~o standards and requirements may address without limitation: the size, location, ~radin~, and improvement of Iot~ st~ctures, public ar~s, streets, roads, trails, walkways, curbs and gutters, water supply, . sto~ drainage, I~ghtin~. s~wars, e~ect~city, gas, and other utilities', the planning and design of sit~: n~ to solar cnergy: and th~ protection and consolation o~ ~ , plains, shore lands, so~ls, water, vegetation, aneW, air quality, ~nd ~eologic and': ecologic Features. The regulations shall require that s~bdiv~sions m~nicipality's o~cial map ir one exists nnd its zonin& ordinance, and may require ~n.:~ APPLICATION FOR GONDITIONAL USE PE~4IT Property Owner~ ~o-~-,.-~ - Address ~ ~-~-, --- = Consultant: Add tess: Work Phone: ~('-)- (~e.o ~, Home Phone: Work Phone: Phone: Property Acreage: Conditional Use Being ~quested:, ~ - q ... ~rx ~_ ,~ ~-.<%-~ .,~'=' .,. ~ ~strictions: ~ ~ ~.Yes If so, plebe at,ch. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: ~< No _____Yes ~quest: When: S3BMIS~ON REQUI~$: (A) completed application fo~rm~.. ( B) Complete legal description and parcel identification number (PID). (C)Filing fee%~'~Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing/proposed structures. (F)Additional information as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, ~alks and curbing. %~G)Certified from abstract firm the names and address of property owners within 500_feet of the existing property lines of the subject property. (H)Application and supportive~ata are due 20 days prior to any scheduled he rin o ONLY COMPLETE APPLICATIONS SHALL BE REVI~ BY THE PLANNING ODMMISSION. To the best of mS knowledge the information presented on this form is correct. In addition, I have read Section 7.5 of the Zoning Ordinance which specifies the requirements for conditional uses. I agree to provide information and follow the pro}~\edures as outlined in the Ordinance. ,,~1. ,~cants Signature g Date Fe~ Owners Signature Date .... THIS SECTION TO BE FILLED OUT BY THE PLANNING DIRf~'7~R PLANNING COMMISSION .... APPROVED DF~NIED DATE OF HEARING CITY COUNCIL .... 'i ,APP]~3VED DENIED DATE OF HEARING CONDITIONS: Signature'°f'th~ Planning Director Date ~C~ ~0~ ~2 D~ 22 ~S ~ ~ DX~ O~ ~8g.~3 ~ ~ ~H~ ~I~ OF BEG~; ~~ ~TH ~ ~~ O~R T~ FO~t~G DESCRIBED T~T P~T OF ~~ ~T 3, SECTION 3~, ~SH~ ~15, ~E 21, DESC~ED ~ FO~WS= ~'~NC~ AT ~ NOR~T CO~R OF S~D SECTION ~;"T~NCE ~ST ~ ~ ~R~ ~ OF S~ SECTION 3~ A DIST~CE OF 13~.5 ~T; T~ ~ ~ D~ES 56 ~TES ~T, ~NG ~ . .~~F~Ay ~ ~.A.. ~~ ~-~ ~ ~T OF ~'S ~, 974.93 5-1-7 5-1-7 ANIMAL KENNEL: ANTENNA: ASSOCIATION: AUTOMOBILE REPAIR, MAJOR: AUTOMOBILE REPAIR, MINOR: BASEMENT: BLOCK: BOARD: BOARDING HOUSE: An establishment or dwelling where three (3) or more animals are bred for sale, boarded, tralnec~ or kept. (Oral, 83-6. 5-24-83) A device, or that portion of any equipment or device located on the exterior or outside of any structure, used for radiating an<l/or receiving radio waves only, (Ord. 87-08, 6-1-87) An organization consisting exclusively of all unit owners which possess certain powers ancl authority over common elements In plannecl unit developments, condominiums, townhomes or other property. (Ord. 83-6, 6-24-83) General repair, all body work, painting, frame work, replacement of engines and transmle. alone on care and trucks. Replacement of any part or repair of any part which does not re(~uire the removal of the engine heacl or pan, transmission or differen- tial, Upholstering service, glass replacement, lubrication, tune upa are permissible services. All automobile repair, minor, shall be limited to passenger automobiles and trucks not In excess of a three-quarter (~/4) ton rating, (Orcl. 85-08, 6-24-85) A story having more than fifty percent (50%) of Its clear height below finished grade. A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad right of way, shorelines, wate~vays or corporate boundary lines of the City, The Board of Adjustment established by this Title. A building, not a hotel or motel, where for compensation and for prearranged periods, meals and/or lodging are provided to not less than three (3) nor more than ten (10) persons. 491 5-3-3 5-3-3 PERMITTED USES CONDITIONAL. USES A-1 Agricultural (cont.) 11. Truck gardening 11. Radio and T.V. stations 12. Manufactured housing 1:3. Animal feed lots for more than 10 animals (Ord. 83-6.6-24-83; amd. Ord. 85-08, 6-24-85) R-1 URBAN RESlDt[NTIAL 1. Agriculture 2. Single-family dwellings 3. Public and parochial schools 4. Public parks and playgrounds 5. Churches 6. Golf courses 7. Truck gardening 8. Nursery schools and day care centers for more than 12 children 1. Cemeteries 2. Hospitals and clinics 3. Public utility buildings 4. Public buildings 5. Two-family dwellings 8. Townhouses 7. Planned unit development 8. Open land recreational uses 9. Nurseries and greenhouses 10. Private clubs and schools 11. Charitable institutions 12. Animal kennels 13. Boarding houses ,14. Existing neighborhood commer- cial recreation services 15. Public parking lots R-~ URBAN .RI~SIOI~NT, IAL 1. Single-family dwellings 2. Two-family dwellings 3. Public and parochial sOhoOIS 4. Public parks and playgrounds 5, Churches 1, Cemeteries 2, Nursing homes 3, HOspitals and clinics' 4. Public utility buildings 5. Public buildings 6. Private clubs and schools 7. Nursery Schools and day care c, enters for more than 12 children 8. Funeral homes 9. Townhouses 10. Multiple-family dwellings 11. Planned unit development 4g~ 5-5-4 5-5-5 5-5-4: $[CN$: Signs shall be permitted in any district which meets the requirements of Chapter 7 of this Title. 5-5-5: Use OFF. STREET PARKING: Off-street parking spaces shall be provided in accordance with the ~ecifications in this Section in any district whenever any new use is established or existing use is enlarged. Single-family house, two-femily house, townhouse, mutti~31e-~'amil¥ dwelling Housing for the elderly Churches, auditoriums and mortuaries Schools Private club or lodge Theater Medical, dental and animal clinics Hospital and rest homes Hotel or motel Professional offices and business services Motor fuel stations Motor fuel station end retail store combination Retail stores Furniture stores, appliance and auto sales Parking Spaces Required 2 per dwelling unit 1 per dwelling unit 1 per 4 seats in orincioal assembtv room 1 per classroom. I:)lus 1 additional for every 30 students 1 13er 4 members 1 per 4 seats 5 per doctor, dentist, veterinarian, plus 1 per additional employee 1 per 3 beds and 1 for each 3 employees on the maximum working shift 1 per rental unit. plus 1 Der emDtoyee 1 for every 250 square feet of floor space 4 for each service stall 4 for each principel structure, plus 3 for each service stall 1 for every 200 square feet of floor space 1 for even/ 400 ~uere feet of floor space 384 5-6-5 5-6-6: CONDITIONAL USES: Conditional uses as specified within each zoning district may be allowed or denied by the City Council after recommendations by the Board of Adjustment In accordance with the criteria and provisions listed herein: (A) Application: Applications for conditional uses will be flied with the Zoning Officer and shall be accompanied by: 1. An application fee In an amount equal to that set by the City Council. 2. Fifteen (15) copies of a site plan and supporting data which shows the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed junction of yards, open space, parking area, driveways, storage areas and accessory structures; the location of all utilities and timing of proposed construction as the Zoning Officer may require, 3. The Zoning Officer at his discretion may require a topographic map to the site and reduced copies of all materials suitable for mailing, (Ord. 83-6, 6-24-83) 4, The names and addresses of all property owners within five hundred feet (500') shall be provided by a certification of an abstract company so that the Zoning Officer may provide notification of the conditional' use permit application (Ord. 90-07, 5-21-90) (B) Review: The Zonlng Officer shall forward copies of the application to the City Council, the Board of Adjustment and, if necessary, to the consultant planner for review. 1. The Board of Adjustment shall forward Its reoommendatlons within forty five (45) days unless the petitioner agrees in writing to a time extension, Failure to act within the allotted time shall be deemed to be a favorable recommendation. 2. The City Council may attach such conditions to the approval of any conditional use as may be necessary. The approved site plan and all attached oondltlons shall be filed by the petitioner with the Zoning Officer within thirty (30) days of final approval, Any development contrary to the approved plan shall constitute a violation of this Title. 5-6-5 5-6-5 (c) Criteria for Approval: A conditional use shall be approved, If it Is found to meet the following criteria: 1, The proposed use conforms to the district permitted and condi- tional use provisions and all general regulations of this Title. 2. The proposed use shall not involve any element or cause any conditions that may be dangerous, Injurious or noxious to any other property or persons, and shall comply with the performance standards listed hereinbelow. 3, The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties. 4, The proposed use shall produce a total visual impression and environment which Is consistent with the environment of the neighborhood. 5, The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood. 6, The proposed use shall preserve the objectives of this Title and shall be consistent with the Comprehensive Plan. 7. Additional requirements with respect to conditional use In the Conservation Distrlct Include the following: a. Filling a wetland shall not exceed the flood storage ca- pacity requirements for the wetland. b. The proposed development shall not result In unusual maintenance cost for road end parking areas or the breaking and leaking of utility lines. c, Development shall be permitted In such a manner that the maximum number of trees cheil be preserved. The remaining treee shall contain at least fifty percent (50%) of the canopy coverage. d. Development shall be accomplished only in such a manner that on-site soil erosion shall be minimal both during construction and when construction activity is completed. 491 0,7) (D) e. Wetlands and other water bodies shall not be used primary sediment traps during development, f. The quality of water runoff and water Infiltration to the water table or aquifer shall remain undisturbed by the clevelopment of the site, g, The types and density of land use proposed for the site shall be suited to the site. Bedrock conditions shall not present e threat to the maintenance of ground water quality and shall not fail to adequately correct problems due to soil limitations Including bearing strength, shrink/swell potential and slope stability, Performance Standards: All conditional uses shall comply with the requirements of this Section. In order to determine whether a proposed use will conform to the reclulrements of this Title, the City Council may obtain a qualified consultant to testify, Said consultant service fees shall be borne by the applicant. 1, Fire Protection: Fire prevention and fighting and equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity Involving the handling or storage of flammable or explosive material is carried on, 2. Electrical Disturbance: No activity shall cause electrical disturbance adversely affecting radio or other equipment In the vicinity. ,3, Noise: Noise which Is determined to be objectionable because Of volume, frequency or beat shall be muffled or otherwise con- trolled, except fire sirens and related apparatus used solely for public purpose shall be exempt from this requirement. 4, Vlbratlons: Vibrations detectable without Instr. ument$ on neighboring property In any district shall be prohibited, 5. Odors: No malodorous gas or matter shall be permitted which Is discernible on any adjoining lot or property. 6. Air Pollution: No pollution of air by fly ash, dust, smoke, vapors or Other substance shall be permitted which Is harmful to health, animals, vegetation or other property. 7. Glare: Lighting devices which produce objectionable direct or reflect glare on adjoining properties or tl~oroughfaree shall not be permitted, 5-6-5 5-6-6 D) 8. Erosion: No erosion by wind or water shall be 13ermltted which will carry objectionable substances onto neighboring properties. e. water Pollution: Water pollution shall be subject to the stan- dards established by the Minnesota Pollution Control Agency. 5-6--6: VARIANCES; The Board of Adjustment shall have tho power to vary from the requirements of this Title, and to attach such conditions to the variance as It deems necessary to assure compliance with the purpose of this Title. (A) Requirements: The following exhibits shall be required unless waived by the Zoning Officer: (etd. 83-6, 6-24-83) 1. The names and addresses of all property owners within one hundred feet (100') shall be provided by a certification of an abstract COml3any so that the Zoning Officer may provide notification of the variance application. (Ord. 90-07, 5-21-90) 2. A boundary survey or an area survey including the property In question and three hundred feet (300') beyond showing: topogra- phy, utilities, lot boundaries, buildings, easements and soil test data if pertinent. 3. A site development plan showing buildings, parking, loading, access, surface drainage, landscaping and utility service. (S) Procedure: Procedure for obtaining a variance from the regulations Of this Title are as follows: 1. The property owner or agent shall file with the Zoning Officer an application form together with requlred exhibits plus a filing fee In an amount established annually by the City Council. 2. The Zoning Officer shall transmit the application directly to the Board of Adjustment for consideration at its next regularly scheduled meeting. (Ord. 83-6, 6-24-83) 3. The Board of Adjustment shall, within thirty (30) days of submittal of all required exhibits, approve, deny or conditionally approve a variance application. (etd. 8g-11, 1-2-90) 491 [ ; -i I I "C~JOIPi" NOTICE OF HEARING FOR CONDITIONAL USE PERMIT You are hereby notified that a hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: MONDAY, AUGUST 3~ 1992 at APPROXIMATELY 7:30 P.M. PURPOSE OF HEARING: To consider an application for conditional use permit for James J. and JoAnne M. Thompson of 18121 Pandora Blvd., Prior Lake, MN. SUBJECT SITE LOCATION: 14170 Grayling Circle, Prior Lake. REQUESTED ACTION: The applicants propose to expand a licensed residential care facility from the current five residents to nine residents. The current care facility is licensed by the State of Minnesota and can house up to six residents according to Minnesota Statutes 462.357 Subd. 7, attached. The applicant would like to pro¥ide housin~ opportunities for three additional residents, for a total of nine residents occupying the home located 9t 14170 Grayling Circle, Prior Lake. It is the pr?posal of the applicant to convert the existing garage to a family room and two bedrooms. City of Prior Lake Zoning Ordinance reg~.lres that the applicant obtain a conditional use permit to allow a "Boarding House" in an R-l, Single Family Residential Zone. The Zoning Ordinance restricts the number of individuals that mgy occupy a "Boarding House" to a maximum of ten. The applicant requests that a conditional use permit be granted to allow nine residents to occupy the home. The Prior Lake Plannin~ Commission considered this ap~licatlon however, there was not a majority of members that 4629 Dakota St. S~E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER voted to approve the application, therefore the agplication was denied. The City Council is resgonsible to consider the recommendation of the Planning Commission and render a final decision on the matter. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the City Council. For more information, contact the Prior Lake Planning Department at 447-4230. Prior Lake Planning Department DATE MAILED: July 24, 1992 AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 8 JOEL RUTHERFORD, ENGINEERING TECHNICIAN CONSIDER CONSTRUCTION OF AN IMPOUNDMENT STRUCTURE NEAR THE INTERSECTION OF HOLLY CIRCLE AND CATES STREET AUGUST 3, 1992 INTRODUCTION: BACKGROUND: The purpose of this Agenda item is to authorize funding for the design and construction of an impoundment structure within Block 2 of Holly Court. South of Cates street and East of Holly Circle is an eight (8) acre wetland that has been shaped by drainage into a tributary stream of Prior Lake. Increase runoff without detention has caused streambank erosion, a potential flooding hazard, and sedimentation along fish spawning areas of Prior Lake. Wildlife habitat has been degraded due to the partial drainage of the wetland. To reduce the rate of discharge from the wetland, a control structure was proposed for installation between lots 1 and 5, block 2. Lots 1 & 5 are not developed as they are part of the stream. The cost of the control structure (dam) and associated development costs for lots 3, 4, & 5 have made it economically unfeasible to develop those lots. Staff has unsuccessfully worked with various developers to assist in facilitating the development so that the dam could be built. A temporary dike and culvert were installed by the City in 1991 to help alleviate some of the immediate dangers and problems associated with continued high discharge rates. This dike has decreased the amount of erosion, improved water quality with reduced sedimentation, and has provided acceptable flood control. However, occasional obstructions in the temporary culvert and recurrent problems with heavy rains have necessitated the construction of a permanent control structure. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DISCUSSION: The installation of an impoundment structure would provide the following benefits: Restore the wetland basin which would utilize the wetland for stormwater retention, improve water quality, provide better flood control, and reduce sedimentation due to existing high discharge velocity. Improve wildlife habitat by restoring the wetland. Aesthetic improvement for residents and potential for. ~ark land development (bike trail or hiking trail into this area.) Allow for future construction of Holly Circle and further development of lots 2, 3, and 4, Block 2 of Holly Court. The estimated costs for design and construction of the impoundment structure (includes dike and overflow structure) are: Design/Testing Construction/Restoration $ 6,600.00 33,400.00 TOTAL $40,000.00 To h~lp fund the project, an application was submitted to the Minnesota Board of Water & Soil Resources for Special Project funds. They have approved a cost-share of 50%, not to exceed ~22,615.00, payable after completion of the pro]ect. The project must be completed by November 1, 1992, unless the contract is amended by mutual consent with Scott Soil and Water Conservation District. Staff is proposing to contract Valley Engineering for $6,089.00 to survey and design the plans, advertise for bids, and 9pply for all necessary permits. Constructlon could start in late September and be completed by November 1, 1992. Initial funding would be from the Trunk Reserve Fund. After project is complete, any grant money received from the Minnesota Board of Water & Soil Resources would be refunded to the Trunk Reserve Fund. RECOMMENDATION: ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: The recommendation is for Council to authorize $40,000 from the Trunk Reserve Fund, and to authorize staff to contract with Valley Engineering to design the project. The alternatives are as follows: Approve the authorization of funds and for staff to contract with Valley Engineering to design the ?roject. Table this i~em for a specific reason. Deny the project at this time. This project will be paid through the Trunk Reserve Fund which currently has a balance of $423,700. The fund balance will be $383,700 after authorization of funds. Half of the cost of the project, up to $22,615, will be refunded from the Minnesota Board of Water & Soil Resources when the project is complete. If the refund amount is $20,000, the Trunk Reserve Fund balance will then be $403,700. Make a motion to approve authorization of $40,000 from the Trunk Reserve Fund, and for staff to contract with Valley Engineering to design the project. CC~X) 1016 Proposed Impoundment Structure -- Holly Circle (Future Construction) 4 HOLLY CIRCLE IMPOUNDMENT STRUCTURE