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Home My WebLink AboutAugust 17, 1992REGULAR COUNCIL MEETING AGENDA Monday, August 17, 1992 CALL TO ORDER 1. 2. 3. 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: a) b) c) d) e) f) g) h) i) Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Permit Report Consider Approval of Fire and Rescue Report Consider Approval of Election Judge Appointment For Primary and General Elections Consider Approval of Scott County Assessment Agreement Consider Plan Approval for Holly Circle Impoundment Structure - Resolution 92-25 Consider Approval of Cigarette License Application for O'Malley's On Main Consider Approval of Treasurer's Report Consider Final Plat and Carriage Hills Developers Agreement For Consider Feasibility Study for Lime and Center Road - Resolution 92-23 or 92-24 e Consider Findings on Variance Application and Kathleen Henning Second Consideration of Outdoor Concert Amendments 92-08 of Bill Ordinance First Consideration of Mineral Extraction Ordinance 92-09 9. 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 /~N EQUAL OPPORTUNITY F~PLOYER CALL TO ORDER 1. 2. 3. REGULAR COUNCIL MEETING AGENDA REPORT Monday, August 17, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting - see attached. Consent Agenda: a) Consider Approval of Invoices To Be Paid - see attached. b) Consider Approval of Animal Warden Report see attached. c) Consider Approval of Building Permit Report - see attached. d) Consider Approval of Fire and Rescue Report - see attached. e) f) g) h) Consider Approval of Election Judge Appointment For Primary and General Elections - see attached staff report. Consider Approval of Scott County Assessment Agreement - see attached staff report. Consider Plan Approval for Holly Circle Impoundment Structure - Resolution 92-25 - see attached staff report. Consider Approval of Cigarette License Application for O'Malley's On Main - see the attached memorandum from License Clerk Laurie Davis regarding the request. O'Malley's have paid the fee of $30.00. A motion to approve the license as part of the consent agenda would be in order. i) Consider Approval of Treasurer's Report - attached. see 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 MINUTES OF THE CITY COUNCIL August 3, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, August 3, 1992 at 7:30 p.m. in the city Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, City Manager Unmacht, Assistant City Manager Schmudlach, City Planner Graser, Director of Public Works Anderson, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meeting to order and asked rise for the pledge of allegiance. everyone to The minutes of the July 20, 1992 Council meeting were reviewed by Council. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE JULY 20, 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 approval of the Consent Agenda follows: as a) b) c) d) Consider Approval of Invoices To Be Paid Consider Approval of Special City Council Minutes of July 15, 1992 Consider Approval of Special City Council Minutes of July 27, 1992 Consider Approval of Sale of City Vehicles Councilmember Scott noted that the July 27 minutes had signed by Recording Secretary Birch. Meeting Meeting not been MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (d) WITH ADDITIONS AS NOTED. Councilmember Fitzgerald noted that he would abstain from voting on item (b) Consider Approval of Special City Council Meeting Minutes of July 15, 1992 because he had been absent at this meeting due to illness. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The next order of business was: Consider First Draft of Outdoor Concert Ordinance Amendments 92-08. City Manager Unmacht gave a short background on the Ordinance and summarized the proposed amendments which included: miscellaneous housekeeping items, deposit for clean up efforts and a change in hours. Unmacht stated that copies of the proposed amendments were mailed to the restaurant and bar owners but no written responses had been received. Ray Lemley addressed the Council and discussed his concerns regarding ~he proposed one hour change in the closing time on Saturday nights. Discussion occurred with regard to a compromise on closing time requirements, communication with neighbors on upcoming concerts and obtaining signatures from the neighbors indicating that they have no objections to a concert. Council concurred that the closing time of 12:30 a.m. for Saturday events should be incorporated into the next draft, in addition, they directed staff to make changes with regard to notification. The Council directed staff to place Ordinance Amendments 92-08 on a future Council agenda for further discussion. The next order of business was: Consider Planning Commission Variance Appeal of Bill and Kathleen Henning. City Manager Unmacht discussed Mr. Henning's letter in which he is appealing the Planning Commission's decision. William Henning addressed the Council with regard to his request. City Planner Graser presented an overhead of the Titus First Addition plat and discussed the rationale behind the Planning Commission's decision. Discussion occurred on the history of this property, and urbanized development located in the rural service areas. The following residents spoke in favor of Mr. Henning's request: Jerry Campagnoli 13200 NE Henning Circle Dr William Jepson 13207 NE Henning Circle Greg Henning 13171 Pike Lake Trail Further discussion occurred regarding rural development, viability of the area as farmland, precedent setting and ~ustification for granting a variance, and Metropolitan Council impact. Attorney Kessel suggested that as part of the variance, a restriction or covenant be recorded on the entire fifteen acres. This restriction would insure that anyone interested in the.property in the future would be on notice that only one variance had been granted for the entire fifteen acres. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO TABLE DISCUSSION UNTIL A DATE CERTAIN AND DIRECT STAFF TO DEVELOP FINDINGS WHICH WILL OUTLINE THE JUSTIFICATION AND RATIONALE FOR GRANTING A VARIANCE TO INCLUDE THE RESTRICTIVE COVENANTS. 2 Minutes of the Prior Lake City Council August 3, 1992 Additional discussion occurred on specific policies on zoning for particular areas in the community. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott A short recess was called. The meeting reconvened at 9:10 p.m. The next order of business was: Consider Approval of Comprehensive Transportation Study. Director of Public Works Anderson discussed the purpose of the proposed Transportation Study. Anderson noted that negotiations are in progress with the Mdewakanton Sioux Community regarding a monetary contribution of $1000 to assist in the study. The Wilds development representatives have verbally agreed to pay $4,000 toward the Study and the City would be responsible for the balance. Discussion occurred on County road turnbacks, the purpose of the study, and other details of the Study. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO AUTHORIZE STRGAR-ROSCOE-FAUSCH, INC. TO DO THE TRANSPORTATION STUDY PLAN FOR THE AMOUNT OF $19,500 AS OUTLINED IN THEIR JULY 27 AND 29 LETTERS, TO BE TAKEN FROM THE CONTINGENCY FUND. THE MONETARY CONTRIBUTIONS RECEIVED FROM THE SMSC AND THE WILDS WILL BE RETURNED TO THE CONTINGENCY FUND, AND THAT THE CITY MANAGER BE AUTHORIZED TO SIGN THE AGREEMENT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Consider Conditional Use Permit for James and Joanne Thompson. City Manager Unmacht discussed the split decision of the Planning Commission and the purpose of this appeal to the Council. Joanne Thompson addressed the Council and explained that they wanted to build an addition to their building in order to accommodate two additional residents. Discussion occurred regarding the definition of boarding house as it relates to the zoning ordinance. The following neighbors spoke against the request: Gil Roscoe 14190 Grayling Circle Dennis Ludlum 14145 Grayling Circle Randy Swanson 14171 Grayling Circle Mr. Roscoe read letters from Gary L. Nelson, 14200 Rutgers Street, and Harold Conrady, 14191 Grayling Circle, expressing opposition to the expansion of the residential care facility. The following resident spoke in favor of the request: Renee Houser 14151 Grayling Circle Minutes of the Prior Lake City Council August 3, 1992 Extensive discussion traffic, conditional law. occurred on use, impact the issues of neighborhood on property values and state MOTION MADE BY KEDROWSKI, SECONDED BY , TO TABLE THIS ITEM FOR THE PURPOSE OF DEFINING STANDARDS AND LOOKING AT ISSUES RAISED BY THE NEIGHBORS. The motion died for lack of a second. Further discussion occurred regarding .the a~pearagce of the property, the size of the proposed addition, intention of state laws to allow up to six residents in a residential care facility and conditions placed on the application by the Planning Commission. MOTION MADE BY WHITE, SECONDED BY ANDREN, TO APPROVE THE CONDITIONAL USE PERMIT AS AMENDED TO ALLOW EIGHT RESIDENTS TO BE HOUSED IN THE FACILITY WITH THE SEVEN CONDITIONS AS STIPULATED BY THE PLANNING COMMISSION. Discussion occurred on the definition and applicability of the boarding home conditional use process for this application. Upon a vote taken, ayes by Andren, and White, nays by Fitzgerald, Kedrowski and Scott. The motion failed. A short recess was called. The meeting was called back to order at 10:30 p.m. The next order of business was: Consider Construction of an Impoundment Structure Near the Intersection of Holly Circle and Cates Street. Public Works Director Anderson presented an overhead of the area and explained that streambank erosion, potential flooding hazards, degrading of wildlife habitat and sedimentation along fish spawning areas of prior lake has resulted due to the partial drainage of the eight acre wetland south of Cates Street and East of Holly Circle. The purpose of a permanent impoundment structure would restore the wetland basin, improve water quality, provide better flood control, and reduce sedimentation which would allow for future construction of Holly Circle and further development of lots 2, 3 and 4, Block 2 of Holly Court. Anderson stated that half the cost of this project (up to $22,615) will be refunded through a grant from the Minnesota Board of Water and Soil Resources when the project is completed. MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI , TO APPROVE THE AUTHORIZATION OF $40,000 FROM THE TRUNK RESERVE FUND, AND FOR STAFF TO CONTRACT WITH VALLEY ENGINEERING TO DESIGN AND CONSTRUCT THE IMPOUNDMENT PROJECT. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott 4 Minutes of the Prior Lake City Council August 3, 1992 The next order of business was: Update On The Status of "The Wilds" Development. City Manager Unmacht discussed the progress of this project and the activities of staff. Topics discussed under Other Business were as follows: -- City Manager Unmacht commented on the status of the County Road 18 access issue with the Metropolitan Council. -- A copy of an article on the State Shoreland Management Act was handed out to Council for their review. City Manager Unmacht stated that he had spoken representative of the DNR regarding their interest Marina for a third public access. This discussion as a result of the letter received from Ron Breckner. with a in the occurred Discussion workshop. date. occurred on holding a date for the budget Dee B~rch is to contact the Councilmembers for a City Manager Unmacht handed out a letter he had received from Pete Schenck regarding the Ski Club and Lake Front Park. -- Tom Kedrowski volunteered to serve on the RFP selection team. The next Council meeting will be Monday, August 17, 1992 at 7:30 p.m. There being no further business, the meeting adjourned 10:50 p.m. by general consent of the Council. DE ~id 'J. Unmach't City Manager D~e Birch Recording Secretary at 5 THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. AUG. 18, 1992 MISC. DEPTS. Blue Cross Blue Shield Delta Dental League Insurance Trust General Office Products R-Own Office Supply C. H. Carpenter Lumber Prior Lake CarQuest NAPA Auto Parts Snyder Drug Stores Carlson Hardware Radermacher's Super Valu Coast to Coast Stores Scott Rice Telephone Co. Shakopee Public Utilities MN Valley Electric Co. Minnegasco Amoco Oil Co. Postmaster Insurance Insurance Insurance Office Supplies Office Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Misc. Supplies Telephone Service Utilities Utilities Utilities Vehicle Maintenance Postage 8,730.68 3,565.27 15,660.75 130.36 63.78 189.06 139.26 168.10 121.43 196.10 1,092.96 172.40 1,452.57 160.24 1,643.53 90.48 38.39 619.79 GENERAL GOVERNMENT Prior Lake American Southwest Suburban Publishing Joe Adams Marketing David Unmacht Prior Prints Teri-Jo's Floral Action Messenger MN GFOA Radisson Arrowood Lommen Nelson Cole Prior Prints Deb Garross Perfect Forms & Supplies American Linen Supply R & R Carpet Service Heating Consultants Minnesota Conway Xerox St. Paul Book & Stationery Publishing Want Ad Professional Services Meeting Expense Printed Supplies Floral Arrangements Messenger Service Conference Fee Conference Expense Attorney Fees Printed Supplies Mileage Computer Supplies Bldg. Maintenance Bldg. Maintenance Bldg. Maintenance Bldg. Maintenance Copier Service Cap. Outlay-Equipment 718.97 195.00 1,822.50 74.68 1,079.91 75.23 59.40 150.00 185.31 5,783.95 279.94 77.00 15.98 80.53 61.77 84.59 64.00 431.64 131.16 PUBLIC SAFETY Manpower Wally's World of Printing Nolls Hallmark Shop Positive Images Floyd Security. ESI Communications Uniforms Unlimited Sunwood Inn Fairview Lee Rabenort Chris Olson FIRE & SAFETY Reynolds Welding Wally's World of Printing Communication Auditors State Fire Chief's Assn. MN Conway Vol. Firemens Benefit Assn. BUILDING INSPECTION Kwik Kare Auto Service ANIMAL CONTROL Robert McAllister PUBLIC WORKS Copy Equipment Inc. Cut-Rite Forest Products ESIC/USGS Sand Creek Water Mgmt. Scott Soil & Water Cons. Dist William Mueller & Sons Bryan Rock Products Dem-Con Landfill Contech American Glass & Mirror Dan's Auto Repair Bauer Built MN Valley Electric Co-op. Schaaf Commercial Lawn Care William Burkhart Art Johnson Trucking Temporary Help Printed Supplies Photo Finishing Photo Finishing Building Maint. Supplies Building Maintenance Small Tools & Equipment Training Expense Professional Services Meeting Expense Education Expense Oxygen Supplies Printed Supplies Equipment Repair Conference Fees Small Tools & Equipment Membership Renewals Vehicle Maintenance Animal Warden Drafting Supplies Supplies Maps Membership Contribution Professional Services Street Repair Supplies Street Repair Supplies Concrete Dumping Street Repair Supplies Vehicle Repair Supplies Vehicle Repair Vehicle Repair St. Lighting Service Sod Patches Damage Repair Blade Rental 153.90 45.26 124.88 11.01 78.50 973.09 73.49 55.75 68.00 16.33 677.50 72.89 104.16 29.05 210.00 305.40 144.00 163.40 463.12 102.05 376.74 10.50 17.00 206.25 432.13 646.41 24.50 201.29 32.90 11.00 83.00 100.00 1,474.00 109.52 435.00 PARK AND RECREATION Sue Barber Deanna Hawkins Kathy Jensen A1 Kocher Prior Lake Park & Rec. Joe Ciupik Jennifer Jass City of Shakopee Real Gem Jewelry & Awards Prior Lake Charter Service Lisa Conlin Diane Wikstrom Nancy Eberle R-Own Office Supply Valley Sign MTI Distributing J.R. Johnson Supply Prchal Candy Co. U.S. West Communications Glenwood Inglewood Master Electric Biff's Inc. Metro South Lindsay Pepsi Cola Co. Bill Mangan MN Conway ECONOMIC DEVELOPMENT Kay Schmudlach Lions Club Chamber of Commerce WATER UTILITY Viking Safety Products MVTL Laboratories U.S. West Communication Gopher State One-Call SEWER UTILITY McKinley Sewer Service Roto-Rooter Waldor Pump Tri-State Pump & Control MWCC MWCC Park Program Refund Park Program Refund Park Program Refund Park Program Refund Video Refund Video Tapes Playground Supervisor Park Program Park Program Supplies Bus Charters Park Program Instructor Park Program Instructor Mileage Supplies Signs Park Supplies Park Supplies Concession Supplies Telephone Service Building Supplies Equipment Repair Rentals Rentals Rentals Meeting Expense Library Maintenance Meeting Expense Membership Dues 1/2 of Golf Tourney exp. Repair Supplies Water Analysis Telephone Service State Terminal Repairs Repairs Repairs REpairs Installment SAC Charges 35.00 33.00 28.00 33.00 330.00 504.00 27.00 316.00 47.92 595.00 90.77 80.00 94.33 11.47 230.04 87.31 166.82 204.60 45.90 22.90 672.00 453.70 100.00 10.00 19.10 203.25 54.22 35.00 325.00 126.89 35.00 42.71 317.50 100.00 107.50 678.05 1,889.31 41,001.00 4,851.00 CONTINGENCY MTI Distributing Park Nicollet Medical Ctr. DEBT SERVICE FUND Norwest Bank Mpls. PRIOR LAKE CONSTRUCTION FUND] TKDA PARK DEDICATION FUND Shiely Co. Water Pro West Star Curb & Concrete Fountain Supplies Professional Services Debt Service Engineering Services Oakland Bch Trails Franklin Tr. Sidewalk Est #1-Franklin Trail 127.80 86.50 20,457.50 345.42 221.18 557.42 45,466.47 DOG CATCHERS l~N 3]-ILY REPORT TOTAL THIS IVDN TH Nu~nber oi' dogm picked up Number of hours within Prior Lake area Number of unclaimed dogs Reimburse~nent to City *Include current mouth's total /Dog Ca teher CITY OF PRIOR LAKE S~m~ary of Building Permits Issued Month of ~ No. of Declared No. of No. of Declared Permits Value Permits Pemits Value PJ~ ~/~ to Date Single Family Dwellings 6 Other Dwellings (No. of Units 0 Dwelling Units Removed 0 0 Net Change +6 Residential Garages 4 Indust r iai-Contuse rcial 0 Structures other than buildings 0 Additions, Alterations 1. Residential 2. Industrial and Commercial 792,887.25 5 0 0 0 0 33,410.00 0 2 0 0 0 24 138,280.05 21 Mechanical Permits 0 0 2 22 91,397.00 0 Total 56 1,055,974.30 31 Tot~lared 42,259.63 607,386.96 15,089.40 0 67,072.00 17,000.00 0 720,548.36 55 8 1 133 84 291 F'F,:IOR LAKE FIF'E DEF'AFJMEN'[ MONTHLY RUN F:EVIEW DATE TIME E) U T C I TY/TOWNSH I P !NCIDEr? TYPE COMMENTS 07 / 02 / 92 0430 07102/92 0517 07/03/92 1440 ¢)7/03/92 1713 07 / 03 / 92 1901 07 / 04 / 92 0026 / ~ 07/04,9~ 0117 07/04/92 1619 07/05/92 1515 07/05/92 '~=(') 07/05/92 2145 07/06/92 1420 07/06/92 1440 07/06/92 ~'(.)15 07/07/92 1310 07/07/92 1655 C)7/07/92 1815 07/08/92 1510 07 / 09 / 92 1043 07/10/92 1425 07110/92 1442 07/10/92 i745 07/10/92 2047 07/II192 0944 07/1 I/92 1733 07/11/92 1730 07/11/92 1810 07/12/92 0444 07/12192 1000 07/12/92 1622 07/12/92 2059 07/12/92 2148 07/13/92 1010 07/13/92 1450 07/14/92 1606 07 / 14 / 92 2000 07/17/92 1440 C)7/18/92 0745 07/18/92 111~ 07/18/92 1304 07/18/92 1558 07/18/92 1930 07/19/92 1 ~20 07/20/92 2157 07/2!/92 1517 07/21/92 1504 07/21/92 1519 PRIOR LAKE PRIOR LAKE SPRING LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE CREDIT RIVER PRIOR LAKE PRIOR LAKE PRIOR LAKE CREDIT RIVER CREDIT RIVER F'RIOR LAKE PRIOR LAKE PRIOR LAKE CREDIT RIVER PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKiE SPRING LAkE PRIOR LAKE F'RIOR LAKE PRIOR LAKE SF'RING LAKE PRIOR LAKE SAVAGE PRIOR LAKE PRIOR LAKE PRIOR LAKE SPRING LAKE SPRING LAKE PRIOR LAKE SPRING LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE PRIOR LAKE FIRE MEDICAL FIRE MEDICAL MEDICAL 10/52 MEDICAL MEDICAL MEDICAL FIRE FIRE 1(:)/52 (')~ 1./~ FIRE MEDICAL MEDICAL FIRE MEDICAL MEDICAL FI~E FIRE MEDICAL MEDICAL 10,/~''.~ MEDICAL MEDICAL MED.~,..,A~ MEDICAL MEDICA~ MEDICAL MEDICAL MEDICAL FIRE FIRE 10/52 MEDICAL MEDICAL MEDICAL MEDICAL 1(-)~=~ MEDICAL 1(:)/52 MEDICAL MEDICAL TREE FIRE NO TRANSPORT - DOA BOBCAT SKID LOADER FIRE 542 TRANSPORTED NO TRANSPORTED TRANSPORT TWO TO RIDGES 542 TRANSPORTED NO TRANSPORT 540 TRANSPORTED KITCHEN FIRE, OUT ON ARRIVAL CANCELLED 542 TRANSPORTED TRANSPORT ONE TO ST. FRANCIS GAS LEAK CANCELLED NO TRANSPORT TRANSPORT ONE TO RIDGES GRASS FIRE UNFOUNDED TRANSPORT ONE TO ST. FRANCIS NO TRANSPORT - DOA CANCELLED PER OFFICER CANCELLED PER OFFICER TRANSPORT ONE TO RIDGES NO TRANSPORT NO TRANSPORT NO TRANSFORT TRANSPORT ONE 'tO ST. ~RAN(~ 542 TRANSPORTED HOUSE FIRE TRANSPORT ONE TO METHODIST TRANS~'ORT ONE TO ~T.FRANOI~ NO TRANSPORT NO TRANSPORT NO TRANSPORT TRANSPORT ONE TO ST. FRANCIS GAS LEAK CANCELLED PER 9200 TRANSPORT ONE TO ST. FRANCIS NO TRANSPORT 540 TRANSPORTED TRANSPORT ONE TO RIDGES CANCELLED PER DISPATCH TRANSPORT FOUR TO ST. FRANCIS CANCELLED PER OFFICER TRANSPORT TWO TO ST. FRANCIS TRANSPORT ONE TO METHODIST 542 TRANSPORTED 8/05i92 PRIOR LAKE FIRE ~'!OhlTHL. Y RUN DEF'ARTMIENT REV ]: EW DATE 07/21/92 07/21/~2 07/21/92 07/12/92 (:)7/21/92 07/~ ~ ~,;,/9~ 07/25/92 07/24/92 07/24/92 07/~4/~ 07/24/92 07/25/92 07/25/92 07/27/92 07/28/92 07/29/92 07/30/92 07/30/92 07/~0/92 TIME E) L? 'T 1650 2050 1450 22 O O 0545 12 O 1 0105 1250 141.5 1445 0414 0~57 1654 185(i) 125~ 2225 .... 14 C I T'¢/TOWNE;H I F' PRIOR LAKE CREDIT RIVER CREDIT RIVER PRIOR LAKE SF'RING LAKE PRIOR LAKE CREDIT RIVER F'RIOR LAKE PR IOR LAKE CREDIT RIVER F'RIOR LAKE PR IOR LAKE PRIOR LAKE CREDIT RIVER SF'RING LAKE F'RIOR LAKE F'RIOR LAKE PRIOR LAKE SPRING LAKE I NC' I DENT T ':," F:'E MEDICAL MEDICAL MEDICAL FIRE FIRE MEDICAL FIRE MEDICAL MEDICAL FIRE FIRE MEDICAL MEDICAL MEDICAL MEDICAL 10/52 MEDICAL lO 10/52 COMMIENTS 542 TRANSPORTED NO TRANSPORT CANCELLED INVESTIGATION WITH FIRE MARSHALL GRASS FIRE 542 TRANSPORTED CANCELLED PER DISPATCH TRANSPORT ONE TO ST. FRANCIS 542 TRANSPORT WOOD SCRAPS BURNING UNAUTHORISED BURNING TRANSPORT ONE TO ST. FRANCIS TRANSPORT ONE TO RIDGES CANCELLED NO TRANSPORT TRANSF'ORT ONE TO ST. FRANCIS 542 TRANSPORTED CANCELLED PER DISPATCH TRANSPORT ONE TO QUEEN OF PEACE 8 / 05 / 92 CONSENT AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: 3 (f) RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF ELECTION JUDGE APPOINTMENTS FOR PRIMARY & GENERAL ELECTIONS AUGUST 17, 1992 INTRODUCTION: Prior Lake will conduct two upcoming elections this fall; the Statewide Primary scheduled for Tuesday September 15, 1992 and the General Election on November 3, 1992. The City is responsible for the first election while the General Election will be a joint effort between the City and the School District, with city Staff coordinating the process. The City Council must authorize the appointment of election judges to conduct the election day activities. BACKGROUND: Earlier this year, the Prior Lake City Council approved a redistricting plan which increased the number of election precincts within the city from three to five. The County Auditor's office has mailed new registration cards to all those effected by the boundary changes. The new alignment became effective March 31, 1992, however first time implementation will occur with the September primary. DISCUSSION: The assigned polling places for the five precincts are located respectively as follows along with their new registered voter count: PRECINCT LOCATION REGISTERED VOTERS #1 #2 #3 #4 #5 Prior Lake City Hall 1639 4629 Dakota Street SE MN Valley Community Church 1381 5995 Timber Trail SE St. Michaels Church 1571 16311 Duluth Ave SE Mdewakanton Community Center 825 2330 Sioux Trail NW Assembly of God Church 1478 6880 Boudin Street NE Each precinct will be staffed with 8 election judges with the exception of Precinct #4 which due to its smaller registration count, will have 4 judges. Within the precincts there is relative party balance as required by election law. 4629 Da~taSt. S.E.,Prior ~,Minnesota55372 / Ph.(612)~7-4230 / ~x(612)~7~4245 ~NEQUALOPPO~UNITYaMP~YER RECOMMENDATION: ACTION REQUIRED: The polls shall be open from 7:00 A.M. to 8:00 P.M. The judges will report to their appropriate precinct location one hour prior to the polls opening for set-u~ preparation. Also{ the judges will be attending a training session to be conducted by the Scott County Auditor's Office. As in past years, the judges shall be paid $5.00 per hour. Attached is a list of election judges indicated by precinct. Staff has contacted the judges and each has expressed interest in serving this year's Primary and General elections. Staff would recommend approval of those judges submitted. Motion to approve as part of the consent agenda is in order. NAME Ar--~ne Cates Mary Beth Onkka Barb Prindle Tom Story Eleanor Gehlar Arlene Kalton Chris Klingbeil Barbara Lund NAME Brenda Anderson Jim Cates Jane Downing Nellie Lannon Ron Genrick Sarah Gottstine Marlene Turner Sharon Williams NAME Beverly Abrahamson Emily Amberg Sharon Higdon Holly Zedler Jodi Ernst Keith Schroeder Donna Story Lois Walters NAME Kathy Arnold Donna Dupont Kristine Hansen Margaret Hecker NAME Frances Dennehy Lynn Hartman Beverly Lundgren Marcie Williams Sandy Caflisch Reta Grassini Helen Ries Dianne Schroder ELECTION OFFICIALS PRECINCT ONE ADDRESS 4696 Rutledge St SE 4363 Dakota St SE 15212 Oak Ridge Circle SE 3552 Basswood Circle SW 5220 Frost Point Circle SE 15594 Hill Circle SE 15042 Fairlawn Shores Trail SE 5322 Frost Point Circle SE PRECINCT TWO ADDRESS 5670 Maves Trail SE 16390 Albany Ave SE 15699 Fish Point Road SE 16233 Evanston Ave SE 3670 Basswood Circle SW 5942 Hidden Oaks Circle SE 16276 Franklin Circle SE 3852 Marsh Street NW PRECINCT THREE ADDRESS 16717 Creekside Circle SE 16349 Park Ave SE 3454 Willow Beach Trail SW 16631 Five Hawks Ave SE 3203 Sycamore Trail SW 14131 Timothy Ave NE 4420 Colorado St SE 2993 Center Road SW PRECINCT FOUR ADDRESS 15683 Island View Road NW 16571 Northwood Road NW 4340 Hickory Hills Trail 15485 Howard Lake Road NW PRECINCT FIVE ADDRESS 14450 Watersedge Trail N.E. 14279 Aspen Ave. N.E. 14349 Watersedge Trail NE 14145 Rutgers St NE 16245 Northwood Road NW 14277 Shady Beach Trail NE 6781 Denese St NE 14131 Timothy Ave NE PARTY Democrat Democrat Democrat Democrat Republican Republican Republican Republican PARTY Democrat Democrat Democrat Democrat Republican Republican Republican Republican PARTY Democrat Democrat Democrat Democrat Republican Republican Republican Republican PARTY Democrat Democrat Republican Republican PARTY Democrat Democrat Democrat Democrat Republican Republican Republican Republican AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 3(g) JOEL RUTHERFORD, ENGINEERING TECHNICIAN CONSIDER PLAN APPROVAL FOR HOLLY CIRCLE IMPOUNDMENT STRUCTURE - RESOLUTION 92-25 AUGUST 17, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: RECOMMENDATION: ALTERNATIVES: The purpose of this item is to consider the approval of the plans and specifications for Project No. 92-12, Holly Circle Impoundment Structure, and authorize the advertisement for bids. On August 3, 1992, the Council authorized funding for an impoundment structure in Block 2 of Holly Court, and to contract with Valley Engineering to design the project. Valley Engineering has completed the design and a copy of the plans and specifications are available for review in the City Engineer's office. If you are interested in reviewing them, please contact staff. The estimated cost of the project, including engineering is $40,000. The Minnesota Board of Water and Soil Resources will match up to half of the cost, when the project is complete. They require the project to be completed by November 1, 1992, unless the contract is amended by mutual consent with the Scott Soil and Water Conservation District. An acceptable bid opening for Project No. 92-12 would be at 10:00 A.M. on September 15, 1992. The bid opening results will be presented to Council at the September 21, 1992 meeting. Approval of Resolution 92-25 would appropriate, subject to Council direction. be The alternatives are as follows: Approve the Plans and Specifications and approve Resolution 92-25 ordering an advertisement for bid with a bid opening for September 15, 1992 at 10:00 A.M. Table this item for a specific reason. Deny the project at this time. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax !612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BUDGET IMPACT: ACTION REQUIRED: On August 3, 1992, Council authorized $40,000 from the Trunk Reserve Fund, which currently has a balance of $425,100. Half of the cost of the project, up to $22,615, w£11 b~ 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 $405,100. Motion as part of the Consent Agenda to approve the plans and specifications (Resolution 92-25) and authorize adwertisement for bids. RESOLUTION 92-25 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR HOLLY CIRCLE IMPOUNDMENT STRUCTURE (PROJECT 92-12) MOTIONED BY SECONDED BY WHEREAS, pursuant to a motion, which the City Council approved August 3, 1992, the City Engineer has prepared plans and specifications for the installation of an Impoundment Structure in Block 2 of Holly Court, and has presented such plans and specifications to the Council for approval. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that: Such plans and specifications, a copy of which is attached hereto and made a part of hereof, are hereby approved. The City Manager shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published not less than 21 days prior to bid opening, shall specify the work to be done, shall state that bids will be opened, and that all bids will be received by the City until 10:00 A.M. on September 15, 1992, at which time they will be publicly opened in the Council Chambers of the city Hall by the City Engineer. No bids will be considered unless sealed and filed with the City Manager and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Prior Lake for five percent of the amount of such bid. 4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The City reserves the right to reject any and all bids for any reason as determined solely by the City. Passed and adopted this 17 of August , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White {Seal) David J. Unmacht City Manager City of Prior Lake CONSENT AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: 3 (h) RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF SCOTT COUNTY ASSESSMENT AGREEMENT AUGUST 17, 1992 INTRODUCTION: Attached to the agenda report is an Assessment Agreement Between the City of Prior Lake and County of Scott. The agreement stipulates that the Scott County Assessor's Office will provide assessment services for the purpose of determining real estate market values which shall be utilized for calculating property taxes annually. The proposal calls for a three year agreement and the cost for these services is proposed to be $24,000.00, $25,000.00 and $27,000.00 respectively for the years 1993 through 1995. BACKGROUND: The City of Prior Lake has annually maintained such an assessment agreement with the County since at least 1972. An excellent relationship between the property ?wners, the City Council and the County appraisers has evolved over that time period. This is evident by the relatively few property value disputes encountered by the City while conducting its annual equalization hearings. DISCUSSION: Municipalities of our size have traditionally entered into such fee-for-service contracts with Assessor Departments because they have proven to be both administratively and cost effective. There are approximately 5000 parcels within the corporate boundaries of the City which translates into a charge varying from $4.80 per parcel to $4.90 when factoring in a growth of an additional 500 parcels over the time frame of the contract. While the agreemegt represents an annualized increase of 7.5% in real dollars, the average per parcel cost remains relatively flat over the three year term. Also, the amounts compare extremely favorable alongside neighboring jurisdictions and can be considered a bargain when realizing that the actual costs for a full-time staff person for this position would be much more than the existing costs. 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F~VlPLOYER ALTERNATIVES: The alternatives available to the Council are: 1. Approve attached agreement as submitted. 2. Authorize further negotiations to obtain more favorable contract. 3. Modify the proposed agreement according Council direction. 4. Table this item for a specific purpose. a RECOMMENDATION: Staff would recommend Alternative #1 as per the aforementioned reasons and considerations. ACTION REQUIRED: Motion to approve the Scott County Assessment Agreement as part of the consent agenda is in order. ASSESSMENT AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE COUNTY OF SCOTT THIS AGREEMENT is made and entered into by and between the C~ty of Prior Lake and the County of Scott, State of Minnesota, this day of , 19 WHEREAS, the City of Prior Lake wishes to enter into an agreement with the County of Scott to provide for the assessment of the property in said city by the County Assessor: and WHEREAS, it is the wish of said County to cooperate with said cit~ to provide for a fair and equitable assessment of property: NOW THEREFORE, IN CONSIDERATIO~ OF THE MUTUAL COVENANTS HEREIN CONTAINED IT IS AGREED AS FOLLOWS: 1. That the city of Prior Lake which lies within the County of Scott and constitutes a separate assessmen~ district, shall have its property assessed by the County Assessor of Scott County, for the assessment of the years 1993, 1994 and 1995. 8. In consideration for said assessment services, the City of Prior Lake hereby agrees to pay the County of Scott the sum of $8A,000.00, such payment to me made to the County Treasurer on or before July 15, 1993; and $25,000.00, such payment to be made to the County Treasurer on or before July 15, 199A; and $87,000.00, such payment to be made to the County Treasurer on or before July 15, 1995. 3. In the event the boundary lines of the City of Prior Lake are changed after January 1, 1993, the additional parcels shall be appraised at a rate of $5.00 per parcel. IN WITNESS WHEREOF, the parties have executed this agreement this day of , 1~ In Presence of: For City of Prior Lake Signed: By Attest In Presence of: For County of Scott Sicned: By Attest JAMES A. TERWEDO~ SCOTT COUNTY ATTORNEY Approved as to form: Brian Nasi Assistant Scott County Attorney TO: FROM: DATE: RE: Mayor and City Ralph Teschner, August 6, 1992 August 1, 1992 Council Finance Director Treasurer's Report FUNDS General Sewer & Water Capital Park Debt Service Construction Tax Increment Equip. Acquis. Trunk Reserve 07/1/92 BALANCE (10,868.87) 54,252.89 41,424.67 18,272.38 22,283.48 33,987.71 1,500.07 20t212.31 RECEIPTS 565,670.28 40,586.78 22,450.00 150,728.98 99,768.54 76.40 3.12 4t954.06 08/1/92 DISBURSEMENTS BALANCE 613,858.46 (59,057.05) 92,526.35 2,313.32 877.81 62,996.86 100,580.06 68,421.30 100,025.00 22,027.02 0.00 34,064.11 0.00 1,503.19 25~000.00 166.37 INVESTMENTS 1,300,000.00 895,980.16 5,416,000.00 275,000.00 425f000.00 TOTAL 181,064.64 884,238.16 932,867.68 132,435.12 8,311,980.16 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "SU04CC" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: 4 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER FINAL PLAT AND DEVELOPERS FOR CARRIAGE HILLS AUGUST 17, 1992 AGREEMENT The purpose of this agenda item is to consider approval of the final plat and Deve%o~ers Agreement of Carriage Hills First Addition. The first phase consists of the southeast part of the subject site and contains 63 single family lots. See attached Exhibit A for reference to this item. The preliminary plat of Carriage Hills contains 214 single family lots, with an average lot size of 12,462 square feet. One, 5.84 acre active park is located in the north part of the plat and one 9.18 acre natural park is located in the southeast corner of the plat. In addition, several park access points and a trail system will be constructed along Carriage Hills Parkway, Coachman Lane and Carriage Lane. The preliminary plat indicates a curvelinear street pattern that will contain landscaped medians and brick pavers at specified locations along Coachman Lane and at park trail access points. See attached Exhibit B for reference to the preliminary plat. On June 1, 1992, the City Council approved the prelimina.r~ plat of Carriage Hills subject to eight conditions. 1. All utility and grading plans be acceptable to the City Engineer. 2. All outlots be dedicated to the City. 3. The wetland mitigation plans be acceptable to the City Engineer. 4. Three road medians be included in the southerly east/west roadway in the plat to be paid for by the applicant and incorporating brick pavers. 5. A sidewalk to be included on the north side of the most southerly east/west roadway in the plat to be paid for by the developer. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY FdqPLOYER DISCUSSION: The applicant receive all necessary state agency permits. A planting plan acceptable to staff be submitted to screen the lots in the northwest part of the plat from County Road 21. The planting plan will be implemented via the Prior Lake Developer's Agreement. In the event County Road 21 has not been upgraded when the phase of development occurs ~which includes the lots in the northwest part of the plat, then the estimated cost of landscaping shall be placed in escrow. The planting plan shall be implemented shortly after the roadway is implemented. That brick pavers be introduced where trails cross streets and at all park entrances. Staff reviewed the final plat of the first phase for compliance to the approved preliminary plat of Carriage Hills. The City Engineer drafted the attached Developer's Agreement to provide for the installation of required subdivision improvements. See attached Exhibit C. The Developer's Agreement includes a $700.00 dollar per net acre street collector fee, which was negotiated with the developer at the initiation of the subdivision process. Mr. Israelson has agreed to pay the street collector fee even though the City does not have a formal policy on record. The City Council has discussed during at least one Council meeting, the merits of a street collector fee, however, a fee structure and formal policy have not yet been adopted. Staff anticipates that the Council will consider the policy and fee structure in the near future (next consideration is proposed for the September 3rd Budget Workshop). The Developer's Agreement contains a provision whereby in the event that the City does not adopt a street collector fee by January 1, 1993, the $12,165.50 dollars would be refunded to the developer. The ultimate rate of such a fee may be different than the $700.00/acre charge that was applied to the first phase of Carriage Hills. The rate that will ultimately be determined by the City Council will apply to all future subdivisions and phases. The City Attorney reviewed and accepted the title opinion submitted by Mr: Is~aelson. The lot, street and park configuration are ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: consistent with the preliminary plat. However, the applicant has propoSed "brick imprint on colored concrete" rather than the "brick pavers" required by conditions #4 and #8. See attached Exhibit D (median proposal submitted June 1, %992 to the City Council) and Exhibit E (median proposal submitted with the final plat). The fingl plat planting plan does not indicate a planting program for the medians as proposed by the develo?er in the preliminary plat. See attached Exhibit D. In addition, Outlots B and C are not dedicated in the plat to the City as required by condition #2. Approve the Final Plat of Carriage Hills subject to conditions outlined by staff. Table the issue for specific reasons. Deny final plat approval based upon findings that the submittal is not compliant with the approved preliminary plat. The recommendation from staff is to approve the final plat of Carriage Hills First Addition subject to the following conditions: 1. The developer provide the City with a deed for Outlots B and C, prior to release of the hardshell. 2. The planting plan be revised to indicate a planting program for the proposed medians within Coachman Lane. 3. The median and trail crossing plans be amended to show brick pavers rather than brick imprint on colored concrete. 4. Payment of all required fees. 5. An easement for the proposed sidewalks be provided to the City as required by the City Engineer. 6. Final plans and specifications be provided as required by the City (~% Engineer. The developer provide securities such as the letter of credit and certificate of deposit as required by the City Engineer. The developer submit a complete set of mylars and reductions of the plat as required by the Subdivision Ordinance. A motion to approve the final ~lat subject to the conditions outlined above is requested. i,~. 'ON {1~1 'o:) I ! I X 'ON Gt/O~t ,AINRO3 CONTRACT FOR DEVELOPMENT OF LAND IN THE CITY OF PRIOR LAKE, MINNESOTA THIS AGREEMENT, made and entered into this 17th day of August , 19 92 , by and between the City of PriOr Lake, a municipal corporation organized under the laws of the State of Minnesota and Progress Land Company, Inc..., a Minnesota corporation. WITNESSETH THAT: WHEREAS, Developer is duly organized to do business in the State of Minnesota and owns the Property within the City of Prior Lake; Scott County, Minnesota, and WHEREAS, Developer desires to develop the Property; and WHEREAS, Developer has made application to City Council approval of the plat of the Property; and for WHEREAS, the. City has granted preliminary plat approval to the Carriage Hills Subdivision, on the condition that, among other thiggs, Developer enter into this Agreement to ?rovide for installation of Developer improvements and all other improvements hereafter described all on the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of these premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. DEFINITIONS; RULES OF INTERPRETATION AND EXHIBITS. In this Agreement the following terms shall have the following respective meanings unless the context hereof clearly requires otherwise: a. "Agreement" means this Contract for Development of Land in the City of Prior Lake, Minnesota, by and between City and Developer Progress Land Company, Inc. as the same may be from time to time modified, amended or supplemented. b. "Cash Escrow Deposit" means a cash deposit with the City Finance Director in the amount of $450,241.70 (100% of Cost of Developers Improvements). c. "City" means the City of Prior Lake, a governmental subdivision of the State of Minnesota. d. "City Attorney" means the City Attorney of the City of Prior Lake. e. "City Council" means the Prior Lake City Council. f. "city Engineer" means the City Engineer of the City of Prior Lake. EXHIBIT C g. "City Finance Director" means the City Finance Director of the City of Prior Lake. h. "Cost of Developer Improvements" means the cost of Developer Improvements as estimated by the City Engineer on Exhibit A in the City Engineer's sole and absolute discretion. i. "Developer" means Proqress Land Company, successors and assigns[ Inc. its J. "Developer's Installed and Financed Improvements" means the construction work to be performed by Developer on the Property inc%uding, but not limited to, the trees, topsoil and sodding, sidewalks and driveways, curb-stop adjustments, street lighting, streets, curb and gutter, water supply, sanitary sewer drainage, Permanent Street Improvements and Traffic Signing Improvements to be performed, inStalled or constructed upon the Property pursuant to this Agreement, the plans, specifications, drawings and related documents, and in accordance with the policies and ordinances of City as City may adopt from time to time. k. "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (i) failure by Developer to timely pay all real property taxes assessed with respect to the Property;( ii) failure by Developer to commence and complete construction of Developer's Im?rovements pursuant to the terms, conditions and limitations of this Agreement; (iii) failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (iv) transfer of any interest in Developer or (v) failure to correct warranty deficiencies. 1. "First Completion Date" means November 15, 19 92. m. "Second Completion Date" means August 20, 19 93. n. "Including" means including, but not limited to. o. "Letter of credit'' means an irrevocable letter of credit in the amount of $112,560.43 (25% of Cost of Developer Improvements) in the form of Exhibit B. p. "Permanent.Street Improvements" means permanent street surfacing ~n accordance with the policies and ordinances of City as City may adopt from time to time. q. "Property" means the rea% property, together improvements, if any, described in Exhibit C. with r. "Registered Professional Engineer" means currently licensed in Civil Engineering Minnesota State Board of Registration for Engineers and Land Surveyors. a person with the Architects, s. mSewer and Water Improvements" means sanitary sewer and water laterals or extensions including all necessary building servic?s in accordance with the policies and ordinances of City as City may adopt from time to time. t. "Storm Sewer Improvements" means storm sewers, catch basins, inlets and other appurtenances when determined to be necessary by City Engineer in accordance with the policies 9nd ordinances of City as City may adopt from time to time. u. "Street Improvements" means street grading, graveling and stabilizing including construction of boulevards and turf establishment in accordance with ~olicies and ordinances of City as City may adopt from time to time. v. "Subdivision" means the division of a parcel of land into two or more lots or parcels by any means including platting, registered land survey and conveyance by metes and bounds. Where appropriate to the context, "subdivision" shall relate to the process of subdividing or to the land to be subdivided. w. "Traffic Signing Improvements" means standard street name signs at all newly op~ned intersections and such other traffic control signs within the Subdivision determined to be necessary by City Engineer in accordance with the policies and ordinances of City as City may adopt from time to time. x. "Unavoidable Delay" means Acts of God, casualties, war, civil commotion, embargo, riots, utilities, energy or fuels, litigation in regard to the Subdivision by third parties, failure after diligent effort to obtain required environment or other approvals, authorization or permits, any acts or omissions of any goyernmental authority with jurisdiction, (other than the City), and all other causes of events which are beyond Developer's or City's control. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. The words herein and hereof an4 words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. Reference herein to any particular section or subsection hereof are to the section or subsection of the Agreement as origina%ly executed. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience of reference only and shall be disregarded if construing or interpreting any of its provision. The following exhibits are attached hereto and by reference made a part of this Agreement: Exhibit A - Cost of Developer Improvements, Sheets 1-9 Exhibit B - Letter of Credit, Sheet I & 2 Exhibit C - Property Identification, Sheet 1 Exhibit D - Developer and City Cost Summary, Sheet 1 Exhibit E - Special Conditions, Sheet 1 DEVELOPER IMPROVEMENTS Developer shall construct and install, at Developer's expense (except as hereinafter provided), the Developer Improvements, in accordance with the terms of this Agreement, the policies and o~dinances of the city, as City may adopt from time to time, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code an4 public health laws and regulations) and according to the plans, specifications, drawings and related documents submitted to and approved by City Engineer for the Subdivision prior to commencement of any construction and final plat approval. The plans, specifications, drawings and related documegts shall be prepared by a Registered Professional Engineer subject to review and written approval by ~ity Engineer. Changes in plans, specifications, drawings and related document~ will only be permitted if the revised plans, specifications, drawings and related documents are submitted to and approved in writing by City Engineer prior to making any of the contemplated changes. On or before the date hereof, Developer shall pay to the City a fee equal to 6% of the estimated developer pro3ect cost as determined ~y the City Engineer.to cover the costs of City in preparing and administering this Agreement. Developer shall provide and maintain erosion control in compliance with the Minnesota Construction Site Erosion and Sediment Control Planning Handbook developed by the Board of Water and Soil Resources. 4 On or before the date hereof, Developer shall furnish to the City the Letter of Credit or Cash Escrow Deposit at City's sole option. Bituminous Base Street Improvements, Storm Sewer Improvements, Sanitary Sewer Improvements and Watermain Improvements shall be completed by the First Completion Date. Permanent Street Improvements and Traffic Signing Improvements and all other Developer Improvements as per plans and specifications shall be completed by the Second Completion Date. Noncompliance with either the First Completion Date or the Second Completion Date will cause the Letter of Credit or Cash Escrow Deposit to be called on, unless an extension of time .is granted by City Engineer in his sole and absolute discretion. Developer, through Developer's Registered Professional Engineer, shall inspect, on a daily basis, the Developers Improvement during the construction of the Developer Improvements. The inspection shall be full time inspection during the construction operation. Developer shall make reports to City, in such detail and at such times as may be requested by City, as to the progress of Developer with respect to construction of the Developer's Improvements. Developer shall allow representatives of City to enter upon the Property during the construction of the Developer Improvements to inspect such construction. Developer shall deliver to the City Engineer as-built drawings with service and value ties on reproducible mylar together with. a written certification from a Registered Civil Engineer that all .improvements have been completed, inspected and tested ~n accordance with the approved plans, specifications, drawings and related documents on file with the City Engineer within One-Hundred Twenty (120) days after the completion of the Developer Improvements. DEVELOPER REPRESENTATIONS. Developer represents and warrants that neither the execution and delivery of this Agreement, the consummation of the transactions .contemplated hereby, nor the fulfillment of or a compliance with the terms and conditions of this Agreement is prevented or limited by, or in conflict with or will result in breach of, the terms, conditions or provisions of any restriction of Developer, or evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now party or by which it is bound or will constitute a default under any of the foregoing. Developer further represents and warrants that Developer will cooperate with City with respect to any litigation commenced with respect to the Property or the Developer Improvements. Developer represents and warrants that the Developer Improvements will conform to all laws, regulations and ordinances of all local, state and federal government authorities. 5 4. OVERSIZING City and Develope~ agree that the Developer Improvements should be oversized for the benefit of future development. City and Developer agree that the cost of system oversizing to be reimbursed to the Developer is $ 81~958.48 based upon an estimate as determined by the City Engineer. Developer shall pay City upon demand the Trunk Oversizing Costs per the schedule outlined in the City's Assessment Policy. These rates are as follows: S&W Acreage (Residential) . Trunk Storm Sewer (Residential) $2t750.00/net acre. 16.8 cents/net sq.ft. Develo?er wgives any 9nd a1% claims, assertions, causes of action, ~n law or In equity, as to the costs and/or determination of said overs~zlng allocated to Developer, calculations and/or determinations of them, as made by or on behalf of City or all "oversizing" requirements of Developer as may be specified and contained in this Agreement or attachments hereto. The parties acknowledge and agree that the fees and costs allocated to City and Developer, as set forth herein and any exhibits hereto, may be based upon estimated costs made by or ?n behalf of City. However, the cost of the oyerslzing, as estimated by or on behalf of City, is binding upon City and Developer. INSURANCE. On or before the date hereof, Developer and its contractors shall procure and maintain or cause to be maintained during the term hereof, at its sole cost and expense, the following types of insurance in the amounts specified and in the form provided for below: Comprehensive general public liability insurance against claims for bodily injury, death or pro?erty damage occurring upon or in the Property and the lm?rovements, such insurance to afford protection to a combined single limit of not less than $2,000,000.00 with respect to death or injury to any one or more persons and $1,000,000.00 with respect to property damage. Insurance term shall expire at the conclusion of the warranty period. Workers compensation insurance, with statutory coverage. Such other insurance in such amounts as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure. The policies of insuragce required hereunder shall be taken out and maintained with responsible insurance companies licensed to transact business in the State of Minnesota. Certificates evidencing such insurance shall be furnished to City upon commencement of construction 6 of Developer's Improvements. Each policy shall contain a provision that the insprer shall give not less than 30 days advance written notice to city in the event of cancellation of the policy, non-renewal or changes affecting the coverage thereunder. City shall be named as an additional named insured under all policies required to be maintained by Developer and executed · copies of all such policies of insurance or certificates thereof shall be delivered to City promptly upoB their issuance and thereafter until 30 days prior to the expiration of the term of each such policy. As often as any such policy shall expire or ter~inate, renewal or additional policies shall be procured and maintained by Developer in like manner and to like extent. STREET MAINTENANCE DURING CONSTRUCTION· Developer shall be responsible for all street maintenance until the Subdivision is accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours· If and when streets become impassable, such streets shall be barricaded and closed· Developer shall be responsible for keeping streets within and without the Subdivision swept clean of dirt and debris that may spill or wash onto the streets· The Developer shall daily clean streets of dirt and debris which has resulted from construction work by the Developer and its agents or assigns. ACCEPTANCE OF SUBDIVISION AND DEVELOPER IMPROVEMENTS. City will accept the Subdivision which has been completed in accordance with the provisions of this Agreement, the policies and ordinances of City, as City may adopt from time to time, and all local, state and federal laws and regulations. Developer shall furnish certificates of completion for the completed Subdivision certifying that the work has been completed in accordance with the terms of this Agreement and shall also furnish mylar "a~-built" .repr?ducibles for all phases of construction included 1n ~h%s.Agreement. Prior to acceptance of the completed Subdivision by the City Engineer, Developer must ~urnish to City a Letter of Credit guaranteeing sptlsfactory performance of the Developer Improvements in an amount equal to 25% of the original cost of the Developer Ipprovements whi~ shall be in force for one year following acceptance of the Developer Improvements. In addition, Developer must fur~ish to the city the following affidavit: a. "Registered Professional Engineer's Certificate" certifying that all construction has been completed in accordance with the terms of this contract. 7 e upon receipt and approval of the affidavit by Engineer, the public utilities improvements accepted by the City. the City shall be Developer shall furnish a progress schedule construction of the Developer Improvements. for acceptance of the Developer Improvements made in writing by Developer. for the Requests shall be City Engineer accepts, in writing, the Registered Professional Engineer's Certificate. RELEASE, HOLD HARMLESS. Developer releases from and covenants and agrees that City and the governing body me. ers, officers, agents, servants and employees thereof (hereinafter for purposes of this paragraph, the "indemnified parties") shall not be liable for and agrees to indemnify and hold harmless the indemnified parties against any loss or damage to property or any injury to or death of any persgn occurring at or about or resulting from any defect in the Property or Developer Improvements. DEFAULT. Whenever an Event of Default occurs, City may one or more of the following actions notification: take any without a. City may suspend its performance under the Agreement. b® do e® City may cancel and rescind this Agreement. City may draw upon any guaranty, the Cash Escrow Deposit, and/or Letter of Credit provided to City pursuant to any of the terms of this Agreement according to their terms. City may take whatever action, including legal or administrative action, which may appear necessary or desirable to City to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement or covenant of Developer under this Agreement. City may suspend issuance of Building Permits on Developer's lots. 10. NON-DISCRIMINATION. The provisions of Minnesota Statutes, Section 181.59, and of Chapter 11, Title 1 of the Prior Lake City Code as may be modified, which relate to civil rights and discrimination and affirmative action shall be considered a part of this Agreement as though wholly set forth herein, and Developer agrees to comply therewith. 11. ASSIGNMENT. 12. Developer represents and agrees for itself, its successors and assigns that Developer has not made or created and that it will not make or create or suffer to be made or created any total or partial sale, 9ssignment, conveyance or any trust or power to transfer in any other mode or form of or with respect to this Agreement or in Developer without the prior written approval of the City. GENERAL. The terms and provisions hereof be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of any or any part of the Subdivision and shall be deemed covenants running with the land. If there be more than one developer, references herein to Developer shall mean each and all of them. This Agreement, at the option of City, shall be placed of record so as to give notice hereto to subsequent purchasers and encumbrances of all or any part of the Subdivision. Ail recording fees, if any, shall be paid by the Developer. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth, by certified mail (return receipt r~quested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The address of the parties are as follows, until changed by notice given as above: If to City: C%ty Engineer City of Prior Lake 4629 Dakota Street SE Prior Lake MN 55372 With a copy to: Glenn R. Kessel, Esq. Lommen, Nelson, Cole & Stageberg 1800 IDS Center 80th South 8th Street Minneapolis MN 55402 If to Developer: Warren J. Israelson, P.E. Progress Land Company, Inc. 14300 Nicollet Court, Suite %335 Burnsville, MN 55337 Where this Agreement or any provision hereof makes the time of performance subject to Unavoidable Delay, the time or times for such performances shall be extended for the ~eriod of such Unavoidable Delay, provided, that the parties seeking the benefit of the provisions of this section shall, within 5 days after the beginning of any such Unavoidable Delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of such delay. 9 This agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formality followed for the execution of this Agreement. Failure of either party at any time to require performance of any provision of this Agreement shall not affect its right to require fu~l performance thereof at any time thereafter andthe walYer by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. Whenever an Event of Default occurs and City shall employ attorneys or incur other expenses, including employment of experts, for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of Developer herein contained, Developer agrees that it shall, on demand therefor, pay to City the reasonable fees of such attorneys and such other expenses so incurred by City. Developer agrees to hold harmless, indemnify and defend City and Lts employees against any claims or actions brought as a result of Developer's performance under this Agreement or as a result of alleged actions or omissions on the part of Developer, its employees or agents. IN WITNESS WHEREOF, City and Developer have caused this Agreement to be duly executed on the day and year first above written. Approved by the City Council on the APPROVED AS TO FORM: ~nn Kessel' ' CITY OF PRIOR LAKE: By Its Mayor day of , 19__. ·ELO It By . Its Cl%¥ Manager [This.Agreement must be signed by all parties having an interest in the Property.] 10 STATE OF MINNESOTA) } COUNTY OF SCOTT } This/~ day of ~y 19~, before me, a Notary Public, ' appeared warren J with and for personally Israelson to me personally known, being by me duly sworn did say' that he is the President of the of the the corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said Warren J. Israelson acknowledged said instrument to be the free act and deed of said"corporation. SCOT COUNTY STATE OF COUNTY OF SCOTT ) On the da~ of , 19 , before me, a Notary ~---~¢, with and for said Count~person~ly appeared Lydia Andren and David Unmacht, to me personally known, being each by me duly sworn did say that they are the Mayor apd City Manager, respectively, of the City of Prior Lake, a M%nnesota municipal corporation, named in the foregoing instrument, and that said instrument was signed on behalf of the municipal corporation by authority of its C~ty Council and acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public DRAFTED BY: 11 "EXHIBIT A# COST OF DEVELOPER'S IMPROVEMENTS .ITEM Street Storm Sewer Sanitar~ Sewer Waterma~n TOTAL COST $133,843.50 42,180.00 126,619.50 147t598.70 $450,241.70 Trunk Sanitar~ Sewer Trunk Waterma~n TOTAL $ 26,880.00 47t387.60 $ 74,267.60 Amount of Trunk Cost of Sewer & Watermain Outside of Plat $ 51,272.50 Engineering Cost on Amount Outside of Plat 15% ($51,272.50) Total Eligible Trunk Sewer & Watermain Cost $74,267.60 + $7,690.88 Determine Amount of Security $450,241.70 (1.25) Cash Deposit Letter of Credit (To be used for Warranty) Determine Amount of 6% Administration Fee ($450,241.70 - Trunk Sewer & Watermain Cost) .06 ($450,241.70 - $74,267.60) .06 Net Lot Area - See Attached Sheet Determine Amount of Storm Water Management Fee 757,042 Sq. Ft. (.168) Cents/Sq. Ft. Determine Amount of Street Collector Fee 757,042 Sq. Ft. ($700/Acre)/43,560 Sq. Ft./Acre $ 7,690.88 $ 81,958.48 $562,802.13 $450,241.70 $112,560.43 $ 22,558.45 $757,042.00 $127,183.06 12,165.50 Page 1 Amount of Trunk Sanitary Sewer & Watermain Previously Assessed Amount of Net Lot Area Being Platted 757,042/43560 Amount Due for Trunk Sanitary Sewer & Watermain Amount to be paid for Sanitary Sewer Easement on Jeffers Property Permanent Easement (3,300 Sq. Ft.) ($.13/Sq. Ft.) Temporary Easement 4,950 Easement Cost $429.00 + 64.35 Street Lighting - To Be Paid by Developer Street Signs 8 Intersection ($50.00/Intersection) $23.80 Acre $17.38 Acre 0.00 $429.00 $ 64.35 $493.35 $400.00 Page 2 NO. #EXHIBIT DATE: TO: CITY OF PRIOR LAKE 2649 DAKOTA STREET SE PRIOR LAKE MN 55372 Dear Sir or Madam~ We open Irrevocable Standby Letter of Credit No. in the amount of USD ~ AMOUNT (SPELL OUT DOLLAR A~OUNT 00/11 USDLRS) In favor of yourselves. For the Account of: INDIVIDUAL NAME FOR NAME OF DEVELOPMENT DEVELOPER'S ADDRESS Expires DATE at our counters. This is a clean Letter of Credit available against drafts drawn at sight on BANK NAME ADDRESS , Minnesota bearing the clause: Drawn under Standby Letter of Credit Number of BANK NAME , accompanied by this original Letter of Credit for endorsement. SPECIAL CONDITION(S): Drafts must purportedly be signed by the Mayor or the City Manager of the City of Prior Lake. This Letter of Credit is automatically renewable without a~endment for an additional one year period from .the present expiration date, unless (90) ninety days prior to said expiration date we shall notify you in writing, by Registered Mail, that we have elected not to renew this Letter of Credit. But in no event shall the expiration date extend beyond DATE . Payment will be made at the counters of Minnesota. BANK NAME This credit is subject to the Uniform Customs and Practice for Documentar~ ~red%ts (1983 Revision) International Chamber of Commerce Publication No. 400. Unless otherwise stated, all documents are to be forwarded to by mail, or hand delivered to our counters. Documents to be directed to: BANK NAME & ADDRESS us Page I We hereby engage with drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the terms of this credit will be duly honored upon presentation. BANK NAME AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE Page 2 Ite~ A-1 A-3 A-4 A-5 A-6 A-7 A-8 A-9 TRUNK COSTS FOR CARRIAGE HILLS FIRST ADDITION SANITARY SEWER CONSTRUCTION Est Unit Description Unit Quan Amount Conn to Ex 8" Stub Each 1 $2,000.00 8" PVC 0-8' Deep L.F. 130 $12.00 8-10' Deep L.F. 14 $12.00 10-12' Deep L.F. 0 $12.00 12-14' Deep L.F. 0 $16.00 14-16' Deep L.F. 0 $18.00 16-18' Deep L.F. 0 $19.00 18-20' Deep L.F. 36 $22.00 20-22' Deep L.F. 113 $30.00 22-24' Deep L.F. 30 $40.00 80'-16" Steel Casing Lump 1 $12,000.00 Extra 16" Steel Casing L.F. 20 $60.00 Std )dH 0-8' Deep *Each 2 $1,000.00 Extra MB Depth L.F. 14.5 $60.00 Sand Bedding Ton 100. $5.00 Crushed Rock Ton 100 $7.00 Clearin9 & Grubbing Lump I $500.00 Total Sanitary Sewer Amount Amount $2,000.00 $1,560. oo $168.00 So .oo $o.oo So.oo $0.00 $792.00 $3,390.00 $1,200.00 $12,000.00 $1,200.00 $2,000.00 $870.00 $500.00 $700.00 $500.00 $26,880.00 Item B-1 B-2 B-3 B-4 WATERMAIN CONSTRUCTION Est Unit Description Unit Quan Amount Conn. to Ex. 16" DIP Each 1 $750.00 16" DIP 0-8' Deep C1 50 L.F. 327 $30.00 8-10' Deep L.F. 33 $30.00 10-12' Deep L.F. 35 $32.00 12-14' Deep L.F. 30 $34.00 14-16' Deep L.F. 29 $36.00 16-18' Deep L.F. 28 $38.00 18-20 ' Deep L.F. 155 $40.00 Fittings for 16" DIP L.F. 1495 $1.10 Seed, Fertilizer & Mulch Acre 1.5 $500.00 Total Trunk Costs Outside Plat Plus 15% Engineering Total Trunk Credits Outside Plat Page 3 Amount $750.00 $9,810.00 $990.00 $1,120.00 $1,020.00 $1,044.00 $1,064.00 $6,200.00 $1,644.50 $750.00 $24,392.50 $51,272.50 $7,690.88 $58,963.38 Item B-1 B-3 B-4 B-$ B-$ WATERMAIN CONSTRUCTION Description 16" DIP Cl 50 8" DIP 16" Valve & Box 8" Valve & Box Fittings for 16" DIP Fittings for 8" DIP Est Unit Quan L.F. 1091 L.F. 1091 Each 2 Each 2 Lb. 3480 Lb. 985 Total Waterm~in Amount Unit Amount Amount $30.00 $32,730.00 ($13.40)($14,619.40) $1,500.00 ($430.00) $1.10 $3,000.00 ($860.00) $3,828.00 ($1.10) (S1,083.50) $22,995.10 Total Trunk Costs Inside Plat Total Trunk Credits Outside Plat Total Trunk Credits $22,995.10 $58,963.38 $81,958.48 Page STORM SEWER CONSTRUCTION Item Est Unit Description Unit Quan Amount Amount C-1 18" RCP Cl 3, 0-8' Deep L.F. 661 $22.00 $14,542.00 C-2 15" RCP CI 5, 0-8' Deep L.F. 84 $20.00 $1,680.00 C-3 12" RCP C1 5, 0-8' Deep L.F. 582 $19.00 $11,058.00 C-4 Std 48" M~I,CB 0-8' Deep Each 7 $1,000.00 $7,000.00 C-5 Std 27" CB 0-8' Deep Each' 6 $900.00 $$,400.00 C-6 18" Flared End Each 2 $750.00 $1,500.00 With Trash Guard C-7 12" Flared End .Each i $400.00 $400.00 C-8 Riprap C.Y. 15 $40.00 $600.00 Total Storm Sewer Amount $42,180.00 Page 5 Item A-1 A-2 A-3 A-4 A-6 A-9 A-10 A-11 A-12 A-13 A-14 A-15 ENGINEERS ESTIMATE FOR CARRIAGE HILLS FIRST ADDITION SANITARY SEWER CONSTRUCTION Est Unit Description Unit Quan Amount Conn to Ex 8" Stub Amount Each 1 $2,000.00 $2,000.00 Cut into Ex MH Each 1 $500.00 $500.00 8" PVC 0-8' Deep L.F. 199 $12.00 $2,388.00 8-10' Deep L.F. 745 $12.00 $8,940.00 10-12' Deep L.F. 1620 $12.00 $19,440.00 12-14' Deep L.F. 368 $16.00 $5,888.00 14-16' Deep L.F. 620 $18.00 $11,160.00 16-18' Deep L.F. 352 $19.00 $6,688.00 18-20' Deep L.F. 329 $22.00 $7,238.00 20-22' Deep L.F. 113 $30.00 $3,390.00 22-24' Deep . L.F. 30 $40.00 $1,200.00 Steel Casing Extra 16" Steel Casing Std MH 0-8' Deep Drop NH 0-8' Deep Lump 1 $12,000.00 $12,000.00 L.F. 20 $60.00 $1,200.00 Each 15 $1,000.00 $15,000.00 Each 2 $1,200.00 $2,400.00 8" Cleanout Each I $150.00 $150.00 Extra MH Depth L.F. 76 $60.00 $4,560.00 Extra Drop Depth 8" X 4" PVC #ye 4" PVC Service Pipe (Schedule 40) Sand Bedding L.F. 3 $60.00 ~$180.00 Each 64 $35.00 $2,240.00 L.F. 2465 $5.50 $13,557.50 Ton 500 $5.00 $2,500.00 Crushed Rock Clearing & Grubbing Ton 500 $7.00 $3,500.00 Lump 1 $500.00 $500.00 Total Sanitary Sewer Amount $126,619.50 Page 6 Xtem B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-9 B-10 B-II I tern C-I C-2 C-3 C-4 C-5 C-$ C-7 ¢-8 NATERI~ I N CONSTRUCTION Est Description Unit Conn. to Ex. 16" DIP Each 16" DIP 0-8' Deep C150 L.F. 8-10' Deep L.F. 10-12' Deep L.F. 12-14' Deep L.F. 14-16' Deep L.F. 16-18' Deep L.F. 18-20' Deep L.F. 8" DIP Watermain L.F. 6" DIP Watermain L.F. 1" Copper L.F. 1" Corp, Cb St & Box Each 16" Valve & Box .Each 8" Valve & Box Each 6" Valve & Box Each Hydrant, 6" Valve & Box Each Fittings for DIP Lb. Quan 1 1288 88 69 45 42 41 155 2387 969 2285 64 2 6 3. 12 6995 Total Watermain Amount STORM SE~ER CONSTRUCTION Est Description 18" RCP Cl 3, 0-8' Deep 15" RCP CI 5, 0-8' Deep 12" RCP C1 5, 0-8' Deep Std 48" HH,CB 0-8' Deep Std 27" CB 0-8' Deep 18" Flared End With Trash Guard 12" Flared End Riprap Unit Quan L.F. 661 L.F. 84 L.F. 582 Each 7 Each 6 Each 2 Each 1 C.Y. 15 Total Storm Sewer Amount Unit Amount $750.00 $30.00 $30.00 $32.00 $34.00 $36.00 $38.00 $40.00 $13.40 $11.60 $6.00 $90.00 $1,500.00 $430.00 $330.00 $1,300.00 $1.10 Unit Amount $22.00 $20.00 $19.oo $1,ooo.oo $goo.oo $750.00 $400.00 $4O.OO Amount $750.00 $38,640.00 $2,640.00 $2,208.00 $1,530.00 $1,512.00 $1,558.00 $6,200.00 $31,985.80 Sll,240.40 $13,710.00 $5,760.00 $3,000.00 $2,580.00 $990.00 $15,600.00 $7,694.50 $147,598.70 Amount $14,542.00 $1,680.00 $11,058.00 $7,000.00 $5,400.00 $1,500.00 $400.00 $600.00 $42,180.00 Page 7 Item D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 PAVING CONSTRUCTION Description 3" 2331 Bit. Base 2341 Bit. Wear (Incl. Tack Coat) Subgrade Preparation Unit Ton Ton Lump 4" 100% Crushed Rock Base Ton 5" Shoulder Aggregate Ton D412 Conc. Curb & Gutter Ton 5' Conc. Sidewalk S.F. 8' Brick Pavers '~.F. Adjust CB Each Adjust MH Each Adjust VB Each Est guan 2032 1021 1 3075 25 7990 9590 560 11 16' 12 Unit Amount $18.00 $22.00 $2,000.00 $6.50 $8.00 $4.00 $1.20 $8.00 $50.00 $160.00 $130.00 Amount $36,576.00 $22,462.00 $2,000.00 $19,987.50 $200.00 $31,960.00 $11,508.00 $4,480.00 $550.00 $2,560.00 $1,560.00 Total Paving Amount $133,843.50 Grand Total Less Trunk Credit Project Cost $450,241.70 $81,958.48 $368,283.22 Page 8 CARRIAGE HILLS FIRST ADDITION (~.OS S !]~ I NAGE NET LOT BI.tX~ AREA EAS~ AREA I ! 13,753 0 13.753 2 1 11.890 0 11.890 3 1 11.890 0 11.890 4 1 11,757 0 11,757 5 1 12.587 1,598 10,989 6 1 27.373 4,225 23,148 7 1 13.728 0 13,728 8 1 11,299 0 11,299 9 I 11,189 0 11,189 10 1 11,014 0 11,014 11 1 10,727 0 10,727 12 1 12,110 0 12,110 13 1 12.023 0 12,023 14 1 10,250 0 10,250 15 I 10,250 0 10,250 16 1 10,250 0 10,250 17 1 10,078 0 10,078 1 4 12,123 0 12,123 2 4 12,469 0 12,469 I 5 12.049 0 12,049 2 5 12,528 0 12,528 3 5 13,352 0 13,352 4 5 14,624 0 14,624 5 5 13,51{; 0 13,516 6 5 16.155 0 16,155 7 5 12.702 0 12,702 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 (~DSS DRAINAGE NET BLOCK ARFA EASieST ARE~ 2 12,102 0 12,102 2 10,000 0 10,000 2 10,000 0 10.000 2 10,000 0 10,000 2 10.093 0 10,093 2 10,000 0 10,000 2 10.000 0 10.000 2 10,000 0 10,000 2 10,000 0 10,000 2 12,023 0 12,023 3 10,055 0 10.055 3 10,260 0 10,260 3 10,089 0 10,089 3 12,056 0 12,056 3 12,196 0 12,196 3 12,038 0 12,038 1 7 10,750 0 10.750 2 7 10,750 0 10,750 3 7 10,750 0 10,750 4 7 10,762 0 10,762 5 7 11,218 0 11,218 6 7 12,008 0 12,008 ] 8 10,660 0 10,660 2 8 13,960 0 13,960 I 6 12,08~ 0 12,086 2 6 10.750 0 10,750 3 6 10,750 0 10,750 4 6 10,750 0 10,750 5 6 10.750 0 10,750 1 9 13,320 2,532 10,788 2 9 11,713 1,837 9,876 3 9 11.695 2,340 9,355 4 9 12.900 1,000 11,900 5 9 14.112 0 14,112 6 9 15,380 0 15,380 7 9 14.362 0 14,362 8 9 13.562 0 13,5~2 9 9 14.988 0 14,988 TOTAL G~SS LOT AVE lf~ AREA 770.574 12,040 'IDTAL NET LOT .td~.E~ 757.042 Page 9 CO RD NO if! I (&GJ.r C(I[EK AVl' it Page "EXHIBIT D" DEVELOPER AND CITY COST SUMMARY The following is a summa.r~ of Developer and Carriage Hills First Addition: DEVELOPER COSTS 6% Administration Fee Stormwater Management Fee Street Collector Fee Street Signs DEVELOPER OWES CITY City costs for $ 22,558.45 127,183.06 12,165.50 400.00 $162,307.01 CITY COSTS Sanitary Sewer Easement Sanitary Sewer & Watermain Oversizing Storm Sewer Cost CITY OWES DEVELOPER $ 493.35 81,958.48 42,180.00 $124,631.83 Page i "EXHIBIT E# SPECIAL CONDITIONS 1. The Developer is responsible for the installation of the street lighting. The street lightin~ shall be approved by the City Engineer prior to installation. The Street Collector Fee is reimbursable to the Developer if a Cit~.ide Street Collector Fee is not adopted by the City Council by January 1, 1993. The Developer will maintain the temporary sedimentation basins and erosion control until 90% of the lots in the First Phase have turf established. Removal of temporary sedimentation basins may be in conjunction with other projects if acceptable to the City Engineer. The Letter of Credit provided shall be retained in an amount sufficient to restore the temporary sedimentation basins. The amount will be determined by the City Engineer. The developer will implement the planting plan for Lots 5 & 6, Block 1, a? part of this impr?vement. The plan may be altered to adjust for field conditions if approved by the City Planner. The developer is responsible corners by August 1, 1993. for installing all the lot Page i ,6 ,g£ d STANDARD CURB 8, GUTTER BRICK IMPRINT ON COLORED CONCRET E ::~ ~ i '! '~'' I "' [ I '1 / ...... ,,l, ! ,[ i~; ,.~ t I I ,I I f ,I [ ,,,,I f' 7 I I I . I '1 I .I . t It l ~ I .,1 t !/ ! . i' j .- . .... i I I' ! )") J 4" CL. 5 (100% CRUSHED) L S UBGRA DE: TREATMENT A-A CONCRETE T Y P lC A L EXHIBIT E CROSSING DETAIL PROGRESS ENGINEERING, INC. 14300 NICOLLET COURT,SUITE 335 BURNSVILLE, MN 55337 PRC~PE~TY L~P~E 60' TYPICAL 50' TAPER PROPERTY LINE TYPICAL STREET ISLAND I,LI P~ AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 5 JOEL RUTHERFORD, ENGINEERING TECHNICIAN CONSIDER FEASIBILITY STUDY FOR LIME AND CENTER ROAD - RESOLUTION 92-23 OR 92-24 AUGUST 17, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: A petition has been received by the City of Prior Lake to prepare a Feasibility Report for the improvement of Center Road. In addition, a separate petition for the improvement of Lime Road has been received. The purpose of this Agenda item is for the Council to review these requests and determine whether to order the preparation of a Feasibility Report. Center Road, along with Lime Road, are unpaved streets in the plat of Spring Lake Townsite. In the past, residents have attempted to generate enough interest with their neighbors to pave both Center Road and Lime Road. Recently, petitions were circulated to the property owners along Center Road and Lime Road. Owners of greater than 75% (seventy-five percent) of the real .property 9butting Center Road signed the petition to improve Center Road. 0% (zero percent) of the owners along Lime Road signed the petition for the improvement of Lime Road. Staff has included copies of the petitions received, along with a drawing showing the street locations. Staff has reviewed the petition for Center Road and we have determined that an adequate petition has been received. The petition for Lime Road, however, does not have the required signatures to meet the minimum 35% (thirty- five percent) of real property abutting Lime Road. Council could order a feasibility study for only Center Road, but that would leave Lime Road as the only unpaved street in this part of town. Therefore, at this stage of the rocess, staff believes Lime Road should be ncluded in the feasibility study. This action would occur as a Council initiated project. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Resolution 92-23 is enclosed which declares the adequacy of the Center Road petition and orders the preparation of a Feasibility Report for both Center Road and Lime Road. As an alternative, Resolution 92-24 is enclosed which declares the adequacy of the Center Road petition and orders the preparation of a Feasibility Report for only Center Road. Both resolutions are included to allow flexibility in how the Council would like to proceed. If the Council adopts resolution 92-23, a four-fifths majority, from the Council, would be required to order the improvements. If the Council adopts resolution 92-24, a vote by any majority could order the improvements. The preparation of the Feasibility Report will determine the cost to the City and the property owners. After the costs are known, a Public Hearing will be held to decide whether to adopt a resolution orderin~ the improvement. Prior to the Public Hearing, an Informational Meeting will be conducted with the property owners to determine if they support the project. RECOMMENDATION: Staff recommends that the adequacy of the Center Road petition be declared and that a Feasibility Report be prepared and be presented to the Council for both Center Road and Lime Road. ALTERNATIVES: The alternatives are as follows: Approve Resolution 92-23 declaring adequacy of the Center Road petition and ordering the preparation of the Feasibility Report for Project No. 92-13, Center Road and Lime Road. Approve Resolution 92-24 declaring adequacy of the Center Road petition and ordering the preparation of the Feasibility Report for Project Not 92-13, Center Road. 3. Table this item for a specific reason. Deny approval of Resolutions 92-23 and 92-24. ACTION REQUIRED: Make a motion approving Resolution 92-23. RESOLUTION 92-23 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT (Project 92-13) MOTIONED BY SECONDED BY WHEREAS; A certain petition requesting the improvement of Center Road from Lime Road to Northwood Road, within the plat of Spring Lake Townsite, by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, and appurtenant work, filed with the Council on August 17, 1992, is hereby declared to be signed by the required percentage of owners of ~roperty affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. It is proposed to improve the following areas: Center Road from Lime Road to Northwood Road, and Lime Road from Spring Lake Road to the north terminus of Lime Road, by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, and appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429; The proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Passed and adopted this 17 th day of August , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White (Seal) David J. Unmacht C%ty Manager City of Prior Lake 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax 1612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 92-24 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT (Project 92-13) MOTIONED BY SECONDED BY WHEREAS; A certain petition requesting the improvement of Center Road from Lime Road to Northwood Road, within the plat of Spring Lake Townsite, by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, and appurtenant work, filed with the Council on August 17, 1992, is hereby declared to be signed by the required percentage of owners of ~roperty affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. It is proposed to improve the following areas: Center Road from Lime Road to Northwood Road by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, and appurtenant work and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429; The proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Passed and adopted this 17 th day of August YES Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White , 1992. NO David J. Unmacht city Manager City of Prior Lake (Seal) 4629 Dakota St.S.E.,Prior ~ke, Minnesota55372 / Ph.(612) 447-4230 / ~x(612) 447-4245 ~EQUALOPPO~UNITYa~m~R ~Z PETITION FOR LOCAL IMPROVEMENT Prior Lake, Minnesota ~'~ , 19 $~-~ To the City Council of Prior Lake, Minnesota: We, the undersigned, owners of not le~ 35 percent of frontage of the real property abutting~_enter.Roa~_--~ro~ Lime Road to Northwood Road hereby petition the ci=y of Prior Lake to prepare a Feasibility Study for such street to be improved by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, landscaping, and appurtenant work pursuant to Minnesota Statutes, Chapter 429. The Feasibility Study determines the cost for the City and the property owners so that everyone can make a decision as to whether or not the project should proceed. It is understood that this study will be made without cost to the owners if the project does not proceed, and that this request will not commit the owners to agree to the project. SIGNATURE OF DESCRIPTION OF PHONE OWNER PROPERTY NUMBER and found to be in proper signed by the reguired number of owners the making of the improvement petitioned ¥¥ 7 ff /'D -1577 -1&77 - fo~ and to be ol ~o~ted by na er David J. Unmacht PETITION FOR LOCAL IMPROVEMENT Prior Lake, Minnesota To the City Council of Prior Lake, Minnesota: We, the undersigned, owners of not ~ percent of frontage of the real property abutting~zrom Lime Road to Northwood Road hereby petition~f Prior Lake to prepare a Feasibility Study for such street to be improved by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, landscaping, and appurtenant work pursuant to Minnesota Statutes, Chapter 429. The Feasibility Study determines the cost for the City and the property owners so that everyone can make a decision as to whether or not the project should proceed. It is understood that this study will be made without cost to the owners if the project does not proceed, and that this request will not commit the owners to agree to the project. OF DESCRIPTION OF PHONE PROPERTY NUMBER 25- % i 8" - / z./.._ ined, checked, and found to be in propE signed by the required number of owners of. the making of the Improvement petitioned fo~ / ~' form and to be property affected by Davzd J. Unmacht PETITION FOR LOCAL IMPROVEMENT Prior Lake, Minnesota 8 -7 , 19~ To the City Council of Prior Lake, Minnesota: We, the undersigned, owners of not le~-~ 35 percent of frontage of the real property abutting~enter.Roa~6~d~-~rom Lime Road to Northwood Road hereby petition ~of Prior Lake to prepare a Feasibility Study for such street to be improved by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, landscaping, and appurtenant work pursuant to Minnesota Statutes, Chapter 429. The Feasibility Study determines the cost for the City and the property owners so that everyone can make a decision as to whether or not the project should proceed. It is understood that this study will be made without cost to the owners if the project does not proceed, and that this request will not commit the owners to agree to the project. SIGNATURE OF DESCRIPTION OF PHONE OWNER PROPERTY NUMBER Examined, checked, and found to be in prop~ signed by the required number of owners of~ the making of the improvement petitioned for~l / form and to be ~roperty af~cted by City Man~ger David J. Unmacht 3¥3 PETITION FOR LOCAL IMPROVEMENT Prior Lake, Minnesota ].9 ~L To the City Council of Prior Lake, Minnesota: We, the undersigned, owners of not le~ 35 per?ent of frontage of the real property abutting~Lime Road~from Spring Lake Road to the north terminus of Lime Roa~petition the City of Prior Lake to prepare a Feasibility Study for such street to be improved by the construction of storm sewer, concrete curb and gutter, bituminous surfacing, landscaping, and appurtenant work pursuant to Minnesota Statutes, Chapter 429. The Feasibility Study determines the cost for the City and the property owners so that everyone can make a decision as to whether or not the project should proceed. It is understood that this study will be made without cost to the owners if the project does not proceed, and that this request will not commit the owners to agree to the project. SIGNATURE OF DESCRIPTION OF PHONE OWNER PROPERTY NUMBER Examined, checked, and found to be in proper form and to be signed by the reguired number of owners of property affected by the making of the ~mprovement petitioned for. City Manager David J. Unmacht AGENDA NO.: PREPARED BY: SUBJECT: DATE: 6 HORST GRASER, PLANNING DIRECTOR CONSIDER FINDINGS ON VARIANCE APPLICATION OF BILL AND KATHLEEN HENNING AUGUST 17, 1992 INTRODUCTION: The City Council considered the variance application of Bill and Kathleen Henning on August 3, 1992. City Council directed staff to prepare findings of fact on the variance application to be considered at the next meeting. DISCUSSION: The City Council discussed the variance application and received testimony from neighboring residents. The essence of discussion centered around fairness, equity and the reasonable nature of this application. General consensus of the Council was to consider a favorable position with respect to the variance application subject to staff developing findings of fact on the application. City staff would like to present the following findings of fact relative to this application: The majority of the subject quarter/quarter section and immediate area was previously platted into 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. As a result of the previous p%atting, the subject quarter/quarter section is urban in character and zoned R-1 single family residential to reflect the higher urban density. 3. The subject site consists of 15 acres. The subject site is a residual piece of previously urbanized property, surrounded by higher density, is urban in character and abuts the City of Shakopee. The City of Shakopee provides for a greater density in their rural service area. The lot size is consistent with the 4 per 40 acres concept found in the Comprehensive Plan. 6. The location of the home on the subject site will benefit future redivision.~u~J~~.~~ 4629 Dakota St. S.E. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / ~x (612) 447-4245 ~ ~ EQUAL OPPO~UNITY ~IPmYER The neighborhood is supportive of the variance based on testimony received on August 3. Under the circumstances it is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity and is not contrary to the general health and welfare of the community. The applicant has agreed to execute and record an Agreement restricting further issuance of building permits on the subject site until serviced by sewer and water. ALTERNATIVES: The City Council has the following alternatives: Approve and the variance application of Bill and Kathleen Henning and adopt, based on the finding of fact as established above. Approve the variance application of Bill and Kathleen Henning with an amended listing of finding of fact. 3. Table the item for specific reasons. Do not approve the variance application of Bill and Kathleen Henning. RECOMMENDATIONS: Staff recommends alternative #1 or #2. ACTION REQUIRED: A motion supporting alternative #1 or #2 is order. AGENDA ITEM: PREPARED BY: SUBJECT: DATE: 7 DAVID UNMACHT, CITY MANAGER SECOND CONSIDERATION OF ORDINANCE AMENDMENTS 92-08 AUGUST 17, 1992 OUTDOOR CONCERT INTRODUCTION: The City Council considered and discussed the first draft of the Outdoor Concert Ordinance Amendments 92-08 on August 3, 1992. Ray Lemley was present to discuss the Hollywood Bar and Grill's position with respect to the outdoor concert hours, specifically, Section 3-12-7. The purpose of this agenda item is to discuss the second draft and to take action on the amendments or direct staff to conduct further research. DISCUSSION: City Council directed staff to prepare a second draft of the Outdoor Concert Ordinance Amendments 92-08. Enclosed is a copy of the second draft. City staff has clarified incidental material within the Ordinance, added a section 3-12-4 (H) with respect to neighborhood notification, and adjusted the hours to accomplish the 12:30 a.m. closing, effective on all events held on Saturday. A copy of the revised ordinance amendments have been mailed to interested individuals and restaurant and bar owners. ALTERNATIVES: The Council has the following alternatives: Discuss Ordinance 92-08 and direct staff to place the ordinance on the consent agenda for the meeting on September 8, 1992. 2. Table discussion of ordinance 92-08. Discuss ordinance 92-08, make amendments at the meeting and adopt. 4. Adopt ordinance 92-08 as proposed. RECOMMENDATION: Staff recommends Alternative 3 or 4. ACTION REQUIRED: Will vary based upon Council discussion. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax ~612)447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE ORDINANCE 92-08 DRAFT 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 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: Ail 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. 3-12-4: ADDITIONAL REQUIREMENTS: (D) (E) Ail applications submitted to the City for approval shall be accompanied by payment of a license fee and a clean up deposit 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 the City Council. Ail applicants must clean up the outdoor concert area and the immediate surrounding area as soon as possible after the concert is over or terminated. (Clean up should include all plastic cups, glasses, plates, napkins, garbage and other incidentals related to the performance and/or event.) 3-12-4 (Continued) (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. (G) 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 his/her assigned representative. (H) At least two weeks ?rior to the scheduled event the applicant shall notify, in writing, all residents within 500 feet of the event location. The notification shall include the sponsoring organization, the date, time and hours of the event. Notification shall also include a contact person, including address and phone numbers, for the neighbors to contact if there are any questions. Failure to notify all residents within 500 feet may be cause for revocation of the license prior to the event. Proof of notification shall occur to the City upon completion. 3-12-7: HOURS: No outdoor concert shall commence before eight o'clock (8:00) A.M. nor continue after eleven thirty (11:30) P.M. Sunday through Friday. The 11:30 P.M. c~rf_~ew~l~a_he, extended to twelve thirty (12:30) A.M. on ~-~--S~turd~s. The outdoor concert application should clearly identify the hours requested for the event. DRAFT "ZO92ME" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: 8 SAM LUCAST, ASSOCIATE PLANNER FIRST CONSIDERATION OF MINERAL ORDINANCE 92-09 AUGUST 17, 1992 EXTRACTION The purpose of Ordinance 92-09 is to eliminate Mineral Extraction as a Conditional Use in the A-1 and C-1 zoning districts in Prior Lake. The Planning Commission voted to recommend approval of Ordinance 92-09. Please see attached Planning Commission Meeting Minutes. BACKGROUND: DISCUSSION: Staff conducted detailed research and visited existing sites to discuss the issues with mine operators. All previous research is attached to this report for your convenience. At the City Council's request, the Planning Commission conducted a Public Hearing on the deletion of Mineral Extraction as a Conditional Use in the A-1 Agricultural and C-1 Conservation Zoning Classifications. The Public Hearing Notice was published in the Prior Lake American, however no member of the public attended the hearing. The Planning Commission recommended adoption of Ordinance 92-09 to delete Mineral Extraction as a Conditional Use in A-1 and C-1 zones. The process started with McKenna Sand and Gravel requesting a Conditional Use Permit for a sand and gravel operation in the City of Shakopee adjacent to the Shakopee Mdewakanton sioux Community (SMSC). The Sioux Community objected to the operation and petitioned the Cities of Shakopee and Prior Lake to deny the application. Ordinance 91-08 declared a one year moratorium to allow staff time to research the issue. Staff researched the. issue, presented findings, and now submits Ordinance 92-09 to complete the cycle and remove Mineral Extraction as a Conditional Use in A-1 and C-1 Zoning Districts. 4629 Dakota St. S.E., Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY F2qPLOYER Vast open space is necessary for a mine to function properly and buffer neighbors. Such open space is currently in high demand for residential, golf course development and other uses incompatible with a mining operation. Originally it was the Council's consensus to remove the use from the Zoning Ordinance. The process has now come full circle and is near fruition. COMPREHENSIVE PLAN IMPACT: ALTERNATIVES: The Comprehensive Plan does not currently include provisions for Mineral Extraction. The new proposed Planning Districts, titled the Wilds and Mystic Lake, will not contain provisions for Mineral Extraction either. Therefore, the impact should be negligible. The City Council has the following alternatives: 1) Accept the Planning Commission's recommendation to adopt Ordinance 92-09. 2) Accept the Planning Commission's recommendation to adopt Ordinance 92-09 and place the item on the Consent Agenda for the September 8, 1992 City Council Meeting. 3) Request more information. 4) Table the item to request more information. 5) Reject the Planning Commission's recommendation to adopt the Ordinance and make a new recommendation. RECOMMENDATION: Staff recommends accepting the Planning Commission's recommendation to adopt Ordinance 92-09, alternative number 1. Generally, the City Council does not adopt an Ordinance after the first reading. However, due to the numerous discussions this issue has had before the Council (with little public interestl, alternative 1 is a reasonable alternative this situation. ACTION REQUIRED: Motion to accept or reject Ordinance 92-09. PLANNING COMMISSION MEETING MINUTES JULY 16, 1992 PAGE 5 Comments from the Commissioners were; precedent 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 arty interested in the property and gave his plans for ~utlding. 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 o?eration 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 4eletion 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 Roseth, Arnold, Loftus, and Wuellner. MOTION CARRIED. Public Hearing closed at 10:30 P.M. "Z09201" CITY OF PRIOR LAKE ORDINANCE NO. 92-09 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ORDINANCE NO. 83-6. The Council of the City of Prior Lake does hereby ordain: ZONING Prior Lake City Cgde Section 5-3-3: is hereby amended to delete "Mineral Extractions" as a Conditional Use within the C-1, Conservation District and the A-l, Agricultural Zoning District within Prior Lake. Prior Lake Zoning Ordinance No. 83-6, Section 3.2, is hereby amended to delete Mineral Extraction" as a Conditional use within the C-1, Conservation District and the A-l, Agricultural Zoning District within Prior Lake. This ordinance shall become effective from and after its passage and publication. Passed by the City Council day of of the City of Prior Lake this , 1992. ATTEST: hity Manager Mayor Published in the Prior Lake American on the ..... , 1992. day of Drafted By: Deborah Ann Garross A~sistant City Planner City of Prior Lake 4629 Dakota Street Prior Lake, MN 55372 NES0 "ZO01PC" SUBJECT: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT MINERAL EXTRACTION (MINING) ZONING AND CITY CODE AMENDMENT SAM LUCAST, ASSOCIATE PLANNER X YES NO JULY 16, 1992 ORDINANCE SITE ANALYSIS HISTORY/BACKGROUND: In 1991 McKenna Sand and Gravel applied for a Conditional Use Permit to begin a sand and gravel mining operation in the area of the Prior Lake and Shakopee municipal boundary, and the Shakopee Mdewakanton Sioux Community (SMSC) reservation. The operation was planned to eventually occupy land in both Shakopee and Prior Lake. The SM$C voiced disapproval based on the effects of having a mining operation adjacent to them and reguested assistance from the two cities to prevent the o?era%lon. The result of their request was Ordinance 91-08 which instituted a one year moratorium on sand and gravel mining operations in Prior Lake to enable Staff time to research the subject and provide information for a decision. The procedure is to hold a Public Hearing .at the Planning Commission level and to make a recommendation based on the information contained in this report and also from public input. The City Council acts on the recommendation from the Planning Commission. This hearing is a result of the process. PREVIOUS PROPOSALS: Staff submitted an informal report and p~esentation to Council which precipitated their action in this matter. that exception, there have been no previous proposals. the With PHYSIOGRAPHY: The surface and subsurface soils in Prior Lake are suitable for supporting sand and/or gravel mining operations in virtually any part of the City. The soils were deposited by glaciers in a random fashion, but are able to be mined to one extent or another, over most of northern Scott County. Basically that means it is possible to locate a mine in Prior Lake. The limiting factors are access roads and enough suitable open space, which translates into economic factors. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax ~612) 447-4245 AN EQUAL OPPORTUNITY F_MPLOYER ADJACENT USES: Currently there are no active mines within City limits so there are no adjacent uses. However, in other cities adjacent uses are setback or separated from the operation by tall berms and plantings to hide the mining and muffle what can be very noisy operations. Most often the mines were in existence prior to surrounding development, so they have large tracts of land and urbanization is not encroaching. Regardless, mines can be unpleasant neighbors no matter how conscientious the operator is. Adjacent uses can be subject to noise, dust, traffic, and other unpleasant effects associated with mining. Neither the residents nor the operators want conflict between uses, and operators in other cities work very hard to address neighborhood concerns. EXISTING CONDITIONS: There are no mines with a permit currently operating in Prior Lake. However, there is evidence of previous mineral extraction in neighboring communities and also in areas of Prior Lake which indicate the necessity of a planned operation. The areas east and west of Highway 13 just north of County Road 42, and the area adjacent to Markley Lake, are examples of sites which have not been reclaimed. The evidence is scarred landscape with hillsides which are partially cut, containing unstable slopes with high possibilities of erosion, large holes in the ground which may retain water and refuse, creating unsightly conditions. These scenes must be avoided. Contrast those ~mages with Lac LaVon in Burnsville, a reclaimed operation which is a residential development with a lake and park facilities as a focal point. Reclamation plans backed up with performance bonds, proper permits and restrictions help eliminate the possibility of unsightly abandoned operations. Conditional Use Permits can define operating hours, noise levels, but other pertinent details not defined in the Zoning Ordinance are difficult to regulate without specific benchmark criteria. NEIGHBORHOOD ISSUES/IMPACT/CONCERNS: The Conditional Use Permit process does not adequately protect the City, the operator, or general public. No standards are in place to delineate who is responsible for what issues. A r~clamation ~lan is essential to the long range planning of a mining operation. In other words, what will happen to the site when the product is removed? Who is responsible for doing what? What happens in the event of bankruptcy or a catastrophe? What if the City changes the surrounding land use classification? Mining is very technical in some aspects of the operation. The level of expertise needed to effectively assess such an infrequently encountered, yet potentially high impact item is not currently found on Staff at City Hall. The deposits, results of glacial activity, are randomly distributed and their location may be estimated from sample soil borings. The amount and location of the deposits may be extrapolated from the results of borings to give an estimate of the acreage necessary for a site. However, it is only an estimate and there is no way to know the size or location of the deposit until mining begins. Therein lies the problem. PROBLEMS/OPPORTUNITIES: The problem associated with mining operations is they are long term uses and undesirable in urban residential areas. They generally require large tracts of land which are in demand for less controversial uses. Also the vacant areas of Prior Lake contain wetlands and scenic bluffs which must be preserved per DNR regulations and the Prior Lake Comprehensive Plan. There have not been any applications for mining o?erations for at least the last year regardless of the moratorium. There does not seem to be a need for mining in Prior Lake. Surrounding operations can supply the needs of the area without new facilities in Prior Lake. The opportunity exists to delete a controversial use which is really not necessary in Prior Lake. The open space available is limited by access from adequate roads and land owners uninterested in selling land. Standards for evaluating and regulating the use do not exist or are inadequate. Trying to regulate something unknown without proper guidelines does not make good planning sense. RECOMMENDATION: Staff recommends approval of attached Ordinance 92-09. The recommendation of the Planning Commission will be forwarded to the 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. The activity is not currently taking place in Prior Lake, effective, fair, efficient regulations are not in place, qualified evaluators are not on City staff, mining and residential development are not compatible neighboring uses and Prior Lake is predominantly residential in development. "ZOO1PN" NOTICE OF PUBLIC HEARING YOu are hereby notified that the PLANNING COMMISSION will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E., on THURSDAY JULY 16,. 1992 at 9:00 p.m. The purpose of the hearing is to consider deletion of Mineral Extraction (Mining) as a Conditional Use in Section 3.2 A-1 Agricultural areas and C-1 Conservation areas within the City of Prior Lake. Mineral Extraction would no longer be allowed in Prior Lake if the Ordinance is approved. If you desire to be heard in reference to this matter, you should attend this hearing. The PLANNING COMMISSION will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 447-423 O- Sam Lucast Associate City Planner To be published in the Prior Lake American on JULY 6, 199~ and JUL~ 13, 1992. 4629 Dakota St $.E. Prior Lake, ~4~nnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER MEMO TO: FROM: SUBJECT: DATE: PRIOR LAKE MAYOR AND CITY COUNCIL KAY SCHMUDLACH NAME FOR BUSINESS OFFICE PARK AUGUST 17, 1992 The City staff is working with Ron Swanson to complete the plat of the Prior Lake Business Office Park. Staff currently is also working with Reiter Engrgving and Valley Signs on costs for erecting a promotional sign. Prior to the completion of both of those activities, it is important that we have a name for the Business Office Park. City staff and the Economic Development Committee have compiled a list of suggested names. Staff would appreciate Council review and selection of a name so that we can proceed with the above mentioned activities. Please contact staff by Friday( August 21, 1992 with your selection. We will announce the winner in the August 24 Notes and Updates. Below, please find the suggested names. Of the listed names, staff would recommend "Waterfront Passage Business Park". Prior Ponds Industrial Park Eagle Creek Industrial Park Prior East Industrial Park Eastwood Industrial Park Tri-Centennial Industrial Park Field of Dreams Industrial Park Image 2000 Industrial Park Vision 2000 Industrial Park Design 2000 Industrial Park Centre of Vision Industrial Park Prior Fields Industrial Park MAINSAIL Industrial Park SPINNAKER SAIL Industrial Park SPINNAKER Industrial Park Sailor Industrial Park Sailor's View Industrial Park Nautical Vision Industrial Park 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Nautical View Industrial Park Sh%ps Wheel Industrial Park Prior Meadows Industrial Park Waterfront Passage Business Park Prior Lake Business Center Lakers Business Center Prior Lake Business/Industrial Complex Eagle Creek Business Center Eagle Creek Business Complex Prior Lake Development Center County Road 21 Business Center Marsh Creek Business Park Viking Business Park Arrowhead Business Park North Star Business Park Minnesota Valley Business Park "BO PNA"