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Home My WebLink AboutSeptember 8, 1992REGULAR COUNCIL MEETING ~ AGENDA Tuesday, September 8, 1992 CALL TO ORDER 7:30 p.m. 1. Pledge of Allegiance 2. Minutes of The Previous Meeting 3. Consent Agenda: a) b) c) d) e) f) Consider Approval of Invoices To Be Paid Consider Approval of Outdoor Concert Ordinance 92-08 Consider Approval of Preliminary Budget Resolution 92-24 Consider Approval of Equipment Purchase For Blood Pathogen Exposure Consider Approval of Waiving Fee For Yacht Club Outdoor Concert Permit Consider Approval of Agreement Between the City of Prior Lake and Advance Resources for Development, Inc. Presentation of Certificate of Appreciation to Mary Ellen Wells 7:30 p.m. 5. Public Hearing on Drainage and Utility Easement Vacation for Vik Konters - Resolution 92-26 Consider Rezoning and Comprehensive Plan Amendment Application From Jim Allen (Westbury Ponds) Presentation From Marianne Whiting on Zoning Code Recommendations 8. Consider Second Draft of Term Limit Policy 9. Consider First Draft of Proposed Landscape Ordinance 92-10 10. Update on The Wilds Golf Course Development 11. Consider First Draft of 1993-97 Capital Improvement Program 12. Consider Revised Street Collector Fee Proposal 13. Other Business a) Regional Breakfast Meeting: Council September 14 b) Metropolitan *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 L~ke, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ~ EQUAL OPPORTUNITY EMPLOYER '1.%..%. EsO CALL TO ORDER 1. 2. REGULAR COUNCIL MEETING AGENDA REPORT Tuesday, September 8, 1992 7:30 p.m. Pledge of Allegiance Consider Approval of the Minutes Meeting - see attached. of The Previous Consent Agenda: a) Consider Approval of Invoices see attached. To Be Paid b) Consider Approval of Outdoor Concert Ordinance 92-08 - The City Council. considered the Outdoor Concert Ordinance 92-08 on two previous meetings: August 3 and August 17, 1992. The Council has previously discussed the details of Ordinance 92-08 and has directed staff to place the Ordinance on the September 8, 1992 consent agenda for approval. Attached is a copy of the revised draft of the Outdoor Concert Ordinance 92-08. Motion as part of the consent agenda to approve the revised Outdoor Concert Ordinance 92-08 is in order. c) Consider Approval of Preliminary Budget Resolution 92-24 - see attached staff report. Consider Approval of Equipment Purchase For Blood Pathogen Exposure - Attached is a memorandum from Steve Schmidt and Dave Chromy to City Manager Dave Unmacht requesting contingency fund monies to purchase equipment for blood pathogen exposure. The memorandum details the requirements as identified by OSHA. The purpose of this agenda item is to request contingency fund monies in an amount estimated to be $1,550.00 to acquire a heavy duty washer, dryer, shower stall and stainless steel sink. A breakdown of expenditures for each is identified in the memorandum. The balance in the contingency fund is approximately $80,000. Funding the equipment 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER e o 10. 11. Consider. Rezoning and Comprehensive Plan Amendment Application From Jim Allen (Westbury Ponds) - see attached staff report· Presentation From Marianne Whiting on Zoning Code Recommendations - A group of Prior Lake residents have been meeting and reviewing the Prior Lake Zoning Ordinance with respect to minimum lot size requirements. In addition, their review has involved other aspects of the Subdivision and Zoning Ordinance. Marianne Whiting and several other citizens have been in contact with City staff and members of the Council discussing their effort. Marianne, in conjunction with two or three other representatives, have requested an opportunity to present their zoning code recommendations to the City Council. A copy of correspondence from Ms. Whiting is enclosed in the packet. City staff has informed Ms. Whiting that due to the length of the agenda business, approximatel~ 15 to 20 minutes would be appropriate for this item. No formal action is being requested on the recommendation, but Council may want to provide direction to either the citizens or City staff. Consider Second Draft of Term Limit Policy attached staff report. - see Consider First Draft of Proposed Landscape Ordinance 92-10 - see attached staff report. Update on The Wilds Golf Course Development - City staff is progressing with "The Wilds" golf course development proposal. The primary emphasis of work over the. past few weeks has been on the processing of the Environmental Assessment Worksheet (EAW). The EAW deadline was initially scheduled for Wednesday, September 2. Due to questions on the EAW from the Metropolitan Council and other agencies,.City staff has extended the deadline in concert with Dick Burtness to Thursday, September 24, 1992. City staff and Dick Burtness met to interview attorneys for legal counsel on the project last Wednesday, August 26. It is the recommendation of City staff and Burtness to retain the Larkin and Hoffman law firm. Staff is working with Bob Hoffman to finalize contractual agreements and other details. City staff will be updating the Council on the status of the project and any additional details at the meeting. Consider First Draft of 1993-97 Capital Improvement Program - staff is working to finalize the first draft of the CIP. A copy of the CIP will MINUTES OF THE CITY COUNCIL AUgUSt 17, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, August 17, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald and Kedrowski, Assistant City Manager Schmudlach, Director of Planning Graser, Director of Public Works Anderson, Associate Planner Lucast, city Attorney Kessel and Recording Secretary Birch. Councilmember White was absent due to attending an AMM meeting. Mgyor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the August 3, 1992 Council meeting were by Council. reviewed Upon a vote taken, ayes by Andren, Fitzgerald and Kedrowski, motion passed unanimously. the Councilmember Scott arrived at 7:37 p.m. The next order of business was approval of the Consent Agenda items (a) thru (i). 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'Ma%ley's On Main Consider Approval of Treasurer's Report MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (i). Upon a vote taken, ayes by Andren, Fitzgerald, Scott, the motion passed unanimously. Kedrowski and The next order of business was: Consider Final Plat and Developers Agreement For Carriage Hills. Horst Graser discussed details perta~nin~ to the plat and the Developer's compliance with eight contingencies required by Council as part of the approval process of the Preliminary Plat on June 1, 1992. Graser also discussed the street collector fee included in the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447~4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council August 17, 1992 Developer's Agreement which was negotiated with the developer at the initiation of the subdivision process. Extensive discussion occurred regarding the street collector fee of $700 per net acre and the provision contained in the Developer's Agreement whereby in the event that the City does not adopt a street collector fee by January 1, 1993, the $12,165.50 would be refunded to the developer. Public Works Director Anderson discussed the Storm Water Fee and additional charges for further trunk oversizing in future phases. Anderson stated that the final plat will not be released until contingencies have been met. Discussion occurred on the street collector fee policy and refund of charges should the street collector fee policy not be adopted. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE CARRIAGE HILLS SUBDIVISION FIRST ADDITION FINAL PLAT SUBJECT TO THE EIGHT CONTINGENCIES REQUIRED BY COUNCIL AND STAFF. Upon a vote taken, ayes by Andren, Fitzgerald, Scott , the motion passed unanimously. Kedrowski and MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE DEVELOPER'S AGREEMENT. Upon a vote taken, ayes by Andren, Fitzgerald, Scott , the motion passed unanimously. Kedrowski and The next order of business was: Consider Feasibility Study for Lime and Center Road - Resolution 92-23 or 92-24. Public Works Director Larry Anderson stated that a petition was received to prepare a Feasibility Report for the improvement of Center Road and a separate petition was received for the improvement of Lime Road. The purpose of this agenda item was for Council to review the requests and determine whether to order the preparation of a Feasibility Report. Staff has determined that an adequate petition for Center Road has been received, however Lime Road does not have the required signatures to meet the minimum 35% statutory requirement. Discussion occurred on holding an informational meeting to ascertain if there is support for a Feasibility Study. Council noted that these two roads are the last two unpaved roads remaining.in that part of town. Council also discussed conducting an ap~ralsal of the property before the ?ublic hea~ing in order to obtain an opinion on the degree of increase in proper~y value a paved road would provide. Anderson stated that the paving would be a 100% assessment to the property owners. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO 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. Discussion occurred on the appraisal cost and Council concurred that an estimate was necessary and that the cost of the appraisal could be absorbed with the public hearing costs. 2 Minutes of the Prior Lake City Council August 17, 1992 Upon a vote taken, ayes by Andren, Fitzgerald, Scott, the motion passed unanimously. Kedrowski and The next order of business was: Conduct Findings on Variance Application of Bill and Kathleen Henning. Planning Director Horst Graser reviewed the directions ~iven to staff by Council at the August 3, 1992 Council M~etigg which was to prepare findings of fact on the variance application of Bill and Kathleen Henning. Graser then presented nine findings of fact relative to the application. Discussion occurred on the nine findings of fact and Council concurred that this variance was a unique situation and would not create a precedent. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE BILL AND KATHLEEN HENNING'S VARIANCE APPLICATION BASED ON THE FINDINGS OF FACT AS STATED IN THE STAFF REPORT. Upon a vote taken, ayes by Andren, Fitzgerald, Scott , the motion passed unanimously. Kedrowski and The next order of business was: Second Consideration of Outdoor Concert Ordinance Amendments 92-08. Assistant City Manager Kay Schmudlach distributed copies of the proposed ordinance amendments and noted that the time had been changed to reflect the 12:30 A.M. closing on Sunday morning as opposed to the original closing time which had been 11:30 P.M. on. Saturday night. A short discussion occurred on whether the issue of closing streets for a concert should be addressed. Council concurred that since there had been no problems in the past that this issue would be addressed on a case by case basis. Council directed staff to have the ordinance prepared in final form and placed on the Consent Agenda for action at the September 8 Council meeting. The next order of business was: First Consideration of Mineral Extraction Ordinance 92-09. Associate Planner Sam Lucast stated that the purpose of this Ordinance was to eliminate Mineral Extraction as a Conditional Use in the A-1 and C-1 zoning districts in Prior Lake, and reviewed the results of research conducted by staff. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION TO ADOPT ORDINANCE 92-09, AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO. 83-06. Upon a vote taken, ayes by Andren, Fitzgerald, Scott , the motion passed unanimously. Kedrowski and Topics discussed under Other Business are as follows: Name for Business Office Park. Assistant City Manager Kay Schmudlach distributed a memorandum listing the names submitted for the new Business/Office Park, and requested that Council review the selection of names and contact staff by August 21 with any suggestions. Ms. Schmudlach also discussed signs for the Bus~ness/Office Park. 3 Minutes of the Prior Lake City Council August 17, 1992 Assistant City Manager Kay Schmudlach distributed copies of the Planning Commission applications and announced that Tom Kedrowski, Lee Andren and Dave Unmacht would be reviewing the applications on Monday 24. Budget Workshop date is September 3, 1992 at 5:30 p.m. City Hall. at Mayor Andren read a letter she had received from the City Manager of Carver inviting Councilmembers and City staff to participate in their "Steamboat Days" festivities. Councilmember Tom Kedrowski discussed the Community Opportunity Catalog and invited all Councilmembers to participate in presenting the Catalog to service organizations and businesses. Discussion occurred on procedures and suggestions. City Planner Graser discussed the status of T.J's Towing. A short discussion occurred on compliance City code and conditions to be met. Tires and with the The next Council meeting will be Tuesday, September 8, 7:30 p.m. 1992 at There being no further business, the meeting adjourned at 8:30 p.m. by general consent of the Council. D. Ka~ Schmudlach - Assistant City Manager Dee Birch Recording Secretary THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON WED. SEPT. 9, 1992 MISC. DEPTS. Cellular One Northern States Power Telephone Service Utilities 498.02 9,085.19 GENERAL GOVERNMENT Prior Prints Reflecta Products Angela Jaspers Postmaster Prior Prints ICMA Royal Consulting Service Career Dynamics Laurie Davis Action Messenger Franz Engineering Reprod. Horst Graseer Planners Bookstore Prior Prints Big Sky Data Systems AlphaSoft Inc. Modern Computer Systems MCI Telecommunications Postage by Phone Systems GAB Business Services R & 0 Elevator Co. Smokeeter of MN Bob's Personal Coffee Service Clark Food Service Consolidated Typewriter Pitney Bowes B'ville Commercial Cleaning Printed Supplies Professional Services Mileage Newsletter Postage Newsletter Printed Postage & Handling DARE Ad Printed Supplies Mileage Messenger Service Printed Supplies Meeting Expense Publications Printed Supplies Software Update Hardware Contract Hardware Cointract Telephone Service Postage Insurance Settlement Maintenance Contract Building Maintenance Coffee Service Bldg. Maint. Supplies Equipment Maintenance Meter Rental Janitorial Service 21.09 803.25 16.80 507.05 1,201.32 10.00 175.00 29.70 38.64 37.45 64.18 20.87 34.29 38.34 175.00 590.00 202.00 117.21 3,625.00 10,000.00 104.92 95.99 200.23 40.43 125.76 197.50 1,171.50 PUBLIC SAFETY Manpower Trail TV & Radio Shack Prior Prints Uniforms Unlimited General Office Products Servi-Tronics Cellular One Cragun's Conference Center Scott Co. Human Services Dr. L.M. Campbell Steven Schmidt Midwest Radar & Equipment Rigs & Squads Butterworth Temporary Help Operating Supplies Operating Supplies Small Tools & Equ%pment Small Tools & Equ%pment Small Tools& Equ%pment Small Tools & Equipment Conference Fees Professional Services Professional Services Meeting Expense Equipment Repair Vehicle Repair Publications 153.90 281.16 35.94 46.00 360.24 59.49 428.64 182.48 100.00 151.10 27.86 180.00 386.20 41.94 FIRE & SAFETY Emergency Medical Products Prior Lake Shoe Service Tarps Inc. MN Conway Herold Advertising Cynthia Lea Bang's Equipment BUILDING INSPECTION Wally's World of Printing Lakeside Plumbing Ruff-Cut PUBLIC WORKS Mail Stop American Public Works Assn. Larry Anderson Comm. of Transportation Judy Pint Sheraton Boston Phil's Maint. & Repair Prior Lake Aggregate Water Pro Minnegasco Dan's Auto Repair Aqua Engineering PARK AND RECREATION Art Stone Co. A1 Sova Junction Liquor P.L.A.Y. Lisa Conlin Diane Wikstrom Fiona Keel Priordale Mall Outdoor Powerhouse Bryan Rock Products A Bulb Company Prchal Candy ~o. Master Electrlc ECONOMIC DEVELOPMENT Medical Supplies Equipment Repa%r Equipment Repair Small Tools & Equipment Misc. Supplies Misc. Supplies Equipment Repair Printed Supplies Refund Cut Weeds Operating Supplies Registration Fee Meeting Expense Manual Update Mileage Conference Expense Supplies Sand & Gravel Repair Supplies Utilities Repairs Repairs Dance Supplies Equipment Repair Tournament Fee Reimb. for Twins Tickets Park Program Instructor Park Program Instructor Mileage Dance Studio Rental Repair Supplies Park Maint. Supplies Park Maint. Supplies Concession Supplies Equipment Repair 1,278.49 20.00 43.27 439.70 127.80 105.00 107.55 95.85 18.00 200.00 24.25 240.00 23.50 70.00 14.00 776.68 65.56 86.06 730.74 4.87 7.00 65.31 1,153.50 75.00 100.00 500.00 58.88 122.50 81.48 1,545.98 117.12 149.22 44.73 264.30 244.92 Kay Schmudlach Conference Expense 171.66 WATER UTILITY Technical Products Corp. MVTLLaboratories Raymond Johnson Water Pro SEWER UTILITY Water Pro Tri-State Pump & Control Valley Electric Motors PARK DEDICATION FUND Prior Lake Aggregate Bryan Rock Products Shiely Co. Killmer Electric Todd A. Long Prior Lake Rental Center Instant Testing Co. Chemicals Water Analysis Meeting Expense Repair Supplies Repair Supplies Repairs REpairs Trails Trails Trails Relocate Light Pole Remove Stumps Equ%pment Rental Engineering Services 601.20 35.00 14.00 23.70 179.55 242.40 80.00 2,195.52 267.46 1,052.31 425.00 60.00 113.50 225.74 AGENDA ATTACH]~NT 3 (b) CITY OF PRIOR LAKE ORDINANCE NO. 92-08 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 3, CHAPTER 12 - OUTDOOR CONCERT ORDINANCE. The Council of the City of Prior Lake does hereby ordain: Paragraphs 1, 2, 5 and 7 of Section 3-12-2(B) are hereby amended to read as follows: The full name, date of birth, address, work and home phone numbers of the person responsible for the sponsorship of the event, if an individual, or of the person who represents any group or entity responsible for the sponsorship of the event. o The full name, date of birth, address, work and home phone numbers of the person who represents the musical group involved. Ail speakers used to amplify the music supplied are to 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. o 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. Section 3-12-4(D) is hereby amended to read as follows: (D) Ail applications submitted to the City for approval shall be accompanied by payment of a license fee and a cleanup deposit as determined by the City Council. Outdoor concerts organized by nonprofit organizations such as religious organizations or community associations may have the fee waived if permission is granted by the City Council. Section 3-12-7 is hereby amended to read as follows: 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. deadline for Saturday evening outdoor concerts is extended to twelve-thirty (12:30) A.M. on Sunday mornings. The outdoor concert application should clearly identify the hours requested for the event. New Sections 3-12-8, 3-12-9 and 3-12-10 are hereby added to read as follows: 3-12-8: CLEANUP: (A) Ail applicants must clean up the outdoor concert area and the immediate surrounding area as soon as possible after the outdoor concert has concluded. (Cleanup includes picking up all plastic cups, glasses, plates, napkins, garbage and other incidentals.) (B) The City's assigned inspector shall check the outdoor concert area and immediate surrounding area to determine compliance with the cleanup requirement. The inspector will recommend to the City Manager a refund of the cleanup deposit or assign a cleanup crew. ~f a cleanup crew is assigned, the cleanup deposit shall be forfeited by the applicant. 3-12-9: SECURITY: The applicant shall hire security personnel and shall provide such hired security personnel with proper attire so as to be immediately identified as concert security by all present at the outdoor concert. The number of security personnel shall be determined by the City Manager or his/her assigned representative. 3-12-10: NOTIFICATION TO NEIGHBORS: At least two weeks prior to the scheduled outdoor concert the applicant shall notify, in writing, all residents within 500 feet of the concert location. The notification shall include the name of the sponsoring organization, or person, the date, time and hours of the concert and the name of 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 be provided to the City upon completion. The current Sections 3-12-8 and 3-12-9 are hereby renumbered as 3-12-11 and 3-12-12. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of , 1992. ATTEST: City Manager Mayor Published in the Prior Lake American on the , 1992. day of Drafted by: City of Prior Lake 4629 Dakota Street S.E. Prior Lake, Minnesota 55372 CONSENT AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: 3 (¢) RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF PRELIMINARY 1993 TAX LEVY RESOLUTION 92-24 SEPTEMBER 8, 1992 INTRODUCTION: Property tax legislation requires that each "taxing authority" certify a proposed property tax levy for payable 1993 to the County Auditor on or before September 15, 1992. The purpose is to allow the County adequate time to prepare, calculate and mail notices of proposed property taxes 'for the upcoming year based upon the tax proposals of the County, School District and city. The parcel specific notices are expected to present a comparison in exact dollars of the property tax from this year to next plus a percentage change. In addition to this information, the date, time and place for the scheduled public hearings of each of the respective entities is shown. DISCUSSION: The budget public hearing dates selected and reserved for the City of Prior Lake are Monday December 7, 1992 and Tuesday December 15, 1992 in the event of a Council continuation. By statute, the dates available must fall between November 30th and December 21st. Also they may not conflict with the County or School District's selections which are the 8th, 14th and 21st of December respectively. During this time period the budget will formally be discussed and acted upon. However, it is essential for the City to initially certify a reasonably sufficient amount because once certified, a city is then restricted to downward adjustments only and can NOT increase its final levy. By adopting this resolution, you are approvIng a tax expenditure ceiling and providing ultimate flexibility for your discussions this Fall. Therefore, the amount of the proposed levy within the resolution is based upon a proposed cap of $3,064,825 which includes improvement pro~ect debt levies of $322,000.00 It is anticipated that such a levy will support a preliminary general fund budget of $3,950,000. 4629D~otaSt. S.E.,P~or ~ke, Minnesota55372 / Ph.(612) 447-4230 / ~x(612) 447-4245 ~ EQUAL OPPO~UNITY ~P~R This is based upon. a 9rojected 10.6% increase over the current fiscal budget and represents a maximum assumption. RECOMMENDATION: Staff would recommend approval of Resolution 92-24 certifying the City of Prior Lake's 1993 initial proposed property tax levy. The Council took similar action last year. ALTERNATIVES: The alternatives are as follows: 1. Approve Resolution 92-24 as submitted. 2. Amend Resolution 92-24 Council consensus. to an amount per ACTION REQUIRED: Motion to approve Resolution 92-24 as part of the consent agenda is in order. CITY MANAGER NOTE: Greater detailed discussion on Resolution 92-24 will occur at the budget workshop. Figures are therefore subject to change based on the outcome of Council discussion. RESOLUTION 92-24 A RESOLUTION CERTIFYING INITIAL "PROPOSED" 1993 CITY OF PRIOR LAKE TAX LEVY TO SCOTT COUNTY AUDITOR MOTION BY: SECONDED BY WHEREAS, Truth in Taxation provisions as specified by tax legislation requires a proposed property certification to the County Auditor's office County; and property tax levy of Scott the City Council of the City of Prior Lake anticipates a 1993 Operating Budget increase of approximately 10.6% which would amount to $3,950,000.00, exclusive of enterprise fund expenditures, and subject to approval by the Council following the course of public hearings scheduled for the month of December; and the total proposed property tax levy approved has been estimated to be $3,064,825.00; and this proposed City of Prior Lake property tax levy for the year payable 1993 represents an increase of 8.30%; and WHEREAS, the City of Prior Lake shall conduct a public hearing at 8:00 P.M. Monday December 7, 1992 in the Prior Lake Council Chambers of City Hall for the purpose of review and discussion of the City's proposed budget; and WHEREAS, a continuation hearing if necessary, shall be scheduled for Tuesday December 15, 1992 at which time the Council will adopt a final property tax levy and budget. NOW, THEREFORE BE IT RESOLVED, by the Mayor and City Council that the initial tax levy proposal be distributed upon the taxable property in said City for the following purposes in payable 1993: * For General City Purposes * 3,450,000.00 Bonds '86 (North Shore) * 225,000.00 Bonds '87 (Carriage Hill) * 1,500,000.00 Bonds '87 (Water Tower) * 390,000.00 Bonds '88 (North Shore Oaks) * 1,175,000.00 Bonds '89 (Downtown Project) ** Capital Park Bonds of '73 & '77 $ 2,703,550.00 100,000.00 33,000.00 100,000.00 12,000.00 77,000.00 39f275.00 $ 3,064,825.00 Note: Single starred funds shall be spread over the entire consolidated City of Prior Lake. Note: Double starred funds shall be spread over the consolidated City except for the former Savage portion subject to annexation. Note: All other bond issues have sufficient fund balances to cover debt requirements. ~ DakotaSt. S.E.,Prior ~ke, Minnesota55372 / Ph.(612)~7-4230 / ~x(612) 447-4245 ~ EQUAL OPPO~UNITY ~P~YER Passed and adopted this 8th day of September, 1992. YES Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White NO {Seal} David J. Unmacht City Manager City of Prior Lake AGI~DA ATTACHMENT 3 (d) POLICE DEPARTMENT DICK POWELL, CHIEF OF POLICE August 14, 1992 TO: City Manager Dave Unmacht FROM: Steve Schmidt, Police Departmen~ Dave Chromy, Fire Department '- RE: Equipment Purchase for Blood Pathogen Exposure PROPOSAL TO PURCHASE EQUIPMENT USING CONTINGENCY FUND MONIES TO BRING THE POLICE AND FIRE DEPARTMENTS INTO COMPLIANCE WITH POLICY MANDATED BY THE OCCUPATIONAL AND SAFETY HAZARD ADMINISTRATION. The police and fire department are requesting funds to purchase equipment for and in a non public area to comply with the OSHA mandates regarding exposure control for the emergency first responder to bloodborne pathogens. This equipment will be housed in the fire hall and used by both police and fire to implement the plans each department has regarding exposure control. The police department plan is attached to this proposal for your reviewal. Areas have been highlighted to help you understand the reasons for the request of these monies. OSHA has mandated that all emergency first responding agencies have policy and plans in place by August 5, 1992. These plans are to eliminate or minimize the first responder exposure to blood and other potentially infectious body fluids. Both departments have plans and guidelines in place and are in the training process of all emergency first responders. Equipment needs that OSHA has mandated will be broken down into two areas. One area will be known as Personal Protective Equipment or PPE. The other area will be equipment to be used by both departments in a non public area to comply with OSHA regulations. PPE includes equipment such as latex or vinyl gloves, eye protection, ventilation devices, medical turnout gear and utility gloves. Other equipment that each department will use and will 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4263 have to purchase are Sharps Containers for such things as needles, warning labels for containers containing blood or other potentially infectious material, red bags or containers for the regulated waste, and cleansing fluids for on scene washing. All of these items will be procured from present budgetary monies. Items that will be purchased to comply with OSHA standards and regulations include a heavy duty washer, heavy duty dryer, a stainless steel sink, and a shower stall. These items have to in an area that is away from any eating/drinking area, refrigerators or food storage areas, or other such public places. The fire department has set aside the back area of their station for this equipment and will supply the labor to install these items. The equipment will be kept separately from the rest of the fire hall by putting in a wall or curtain to give privacy to the first res~onder in need of these services. The following is a cost estimate breakdown for the requested equipment: Heavy Duty Washer Heavy Duty Dryer Shower Stall Stainless Steel Sink $450.00 $350.00 $500.00 $250.00 Approximate Request: $1,550.00 The reasons for each of above listed equipment is: Washer and Dryer - Clothes and PPE that becomes contaminated with blood or other potentially infectious materials has to be removed as quickly after the incident as possible and bagged in a special bag. The items cannot be taken home to be cleaned and cannot be taken to a cleaning facility that does not meet OSHA guidelines. Having the washer and dryer will fill two purposes. It will allow for the cleaning of contaminated equipment and will also be used for the fire department turn out gear. One fireman has already had to leave his clothes at the hospital due to it becoming contaminated. With proper facilities, clothing and other equipment can be dealt with locally and can be readily put back into service. (See page 6 and page 8) Shower Stall - Numerous times ?olice and fire personnel are covered with blood, saliva, regurgitate, and other bodily fluids for medicals and vehicular accidents. This contamination should be removed as soon as possible and should be removed in a place where others may not come in contact with the contaminant. A shower stall would allow police and fire personnel to remove these contaminants at the station and not expose his/her family to any possibility to contamination. (See page 4 and 5) Stainless Steel Sink - Police and fire personnel will have a place where they can wash their hands after an exposure incident. A stainless steel sink is easy to maintain and will be in an area not generally used by the public in the back of the fire hall. Again this ~iece of equipment must be outside of an area where eating, drinking, and other personal functions are done. The proper handwashing materials will be kept at or near this sink to give the first responder the facility to comply with the OSHA guidelines. (See page 4 and 5) Any questions pertaining to this proposal and the guidelines set forth by OSHA can be directed to either us. The purchase of this equipment is essential and should be purchased as quickly as possible therefore a quick response to this proposal is requested. PRIOR LAKE POLICE DEPT. EMERGENCY FIRST RESPONDER BLOOD PATHOGEN EXPOSURE CONTROL PLAN JULY 1992 PURPOSE To eliminate or minimize first responder exposure to blood and other potent'ally infectious body fluids. The exposure control Plan will be: Reviewed and updated annually and whenever necessary to reflect new or modified procedures, tasks, and/or new or revised employee positions Made available to all first responders DEFINITIONS Contaminated Presence or reasonably anticipated presence of blood or other potentially infectious materials on an item or surface. Decontamination Use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where they are no longer capable of transmitting infectious particles and the surface is rendered safe for handling, use, or disposal. Engineering Controls Controls (e.g. sharps disposal containers, self-sheathing needles) that isolate or remove the bloodborne pathogens hazard from the workplace. Exposure Incident A specific eye, mouth or other mucous membrane, non-intact skin, or parenteral contact with blood or other potent/ally infectious materials that results from the performance of an employee's duties. PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 Occupational Exposure Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potent'ally infectious roarer'als that may result from the performance of an employee's duties. Other Potentially Infectious Haterials (OPIH) Semen, vaginal secretions, cerebrospinal fluid, synovml fluid, pleural fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentmte between body fluids; and any unfixed tissue or organ (other than intact skin) from a human (living or dead). Parenteral Piercing mucous membranes or the skin barrier through such events as needlesticks, human bites, cuts, and abrasions. Personal Protective Equipment (PPE) Specialized clothing or equipment worn by an employee for protection against a hazard. General work clothes (e.g., un/forms, pants, shirts or blouses) not intended to function as protection against a hazard are not considered to be personal protective equipment. Regulated Waste Liquid or semi-liquid blood/OPIl~; contaminated items that would release blood/OPIH in a liquid or semi-liquid state if compressed; items that are caked with dried blood or OPIH and are capable of releasing these materials during handling; and contaminated sharps. Source Individual Any individual, living or dead, whose blood or other potentially infectious · aterials may be a source of occupational exposure to the first responder. Practice Controls Controls that reduce the likelihood of exposure by altering the manner in which a task is performed (e.g., prohibiting recapping of needles by a two-handed technique). PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULYs 1992 L EXPOSUi~ DETERND4AT~O~N WHO NEEDS TO BE INCLUDED: Any First Responder/Volunteer who may reasonably be anticipated to experience skin, eye, mucous membrane, or parenteral contact with blood/OPIH that may result from the performance of job duties. (Exposure determination shall be made without regard to the use of personal protective equipment.) Job ct~ssffications in which al__[l employees in those classifications have occul~tional exposure: Ad ministrative Officers All Sworn Police Personnel 1. List of tasks/procedures or closely related tasks/procedures in which occupational exposure occurs: Tasks/Procedures Performed by First Responder Hedical Arrests/Searches/Siezures Sworn Police Officer Sworn Police Officer H. IHPLEHEMTATION OF EXPOSURE CONTROL PLAN The Police Chief, or his Designee is responsible for the overall schedule and method of implementation of the plan. A. METHODS OF COMPLIANCE 1. Universal Preoautions Universal Precautions shall be observed at this facility to prevent contact with blood/OPI~I. All human blood/OPIl~ shall be treated as ff known to be infectious for HIV, HBV, and other bloodborne pathogens. Under circumstances in which differentiation between body fluid types is difficult or impossible, all body fluids shall be considered potentially i~ectous materials. All first responders are responsible for practicing Universal Precautions. Enslineering/Igork Practice Controls The Police Chief or his Designee is responsible for schedule and implementation of engineering/work practice controls. Engineering and Work Practice Controls shall be used to eliminate or minimize exposure. Where occupational exposure remains after PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 institution of these controls, personal protective equipment (PPE) shall also be used. Engineering Controls shall be examined and maintained or replaced on a regular schedule to ensure their effectiveness. a. Sharps Containers Containers which are puncture resistant, labeled or color coded, and leak proof shall be readily available and used for disposal and/or storage of sharps. Sharps containers shall be: * closable * puncture resistant * located as close as is feasible to the area where sharps are used * maintained in an upright position * replaced routinely or when 2/3 full * closed prior to removal or replacement * placed in secondary container if leakage is possible b. Handling of Sharps Contaminated needles/sharps shall not be bent, removed, sheared or broken, and shall be discarded immediately (or as soon as possible) in an approprmte container after use. Contaminated reusable sharps shall be placed in appropriate containers immediately (or as soon as possible) after use until reprocessed. Contaminated sharps at the scene should not be picked up with bare hand(s). Puncture resistant gloves or a forceps or other instrument should be used whenever possible and the sharps placed in an appropr/ate container. Hand washing facilities at the Police Station will be readily accessible to first responders. Hand washing consists of washing with soap and ~'ater by lathering the skin and vigorously rubbing together all lathered surfaces for at least 10 seconds, followed by thorough rinsing under running water. 4 PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 When provision of hand washing facilities is not feasible (e.g., at the scene), antiseptic hand cleanser with clean towels and/or antiseptic towelettes will be provided. (Hands shall be washed with soap and running water as soon as feasible.) Hands shall be washed immediately (or as soon as feasible) after: *contact with blood or OPIM *removal of gloves or other PPE First responders shall wash other exposed skin surfaces with soap and water, or flush mucous membranes w/th water immediately (or as soon as feasible) after contact of such body areas with blood or OPI~f. d. Work Area Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure. (Hand cream ia per mitred.) Food and drink shall not be kept in refrigerators, freezers, shelves, cabinets or on countertops or benchtops where blood or OPIM are present. e. Emergency Procedures All procedures involving blood or OPI~t shall be performed in such a manner as to minimize splashing, spraying, spattering, and generation of droplets of these substances. Any open skin areas (e.g., rashes, cuts,etc.) on the arms or other exposed skin surfaces shall be covered prior to rendering emergency care. However, first responders with weeping dermatitis or draining wounds on the hand(s) should not provide first aid emergency services unless approved by a physician. 3. Personal Protective Equipment (PPE) The Police Chief, or his Designee is responsible for orgsanizing the required Personal Protective Equipment: The police department shall provide at least (at no cost to the First Responder) the following appropriate PPE: single use latex and/or vinyl gloves medical turnout gear PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 face shields and/or masks and eye protection ventilation devices (e.g., mouthpieces, resuscitation bags, pocket masks,etc. ) utility gloves PPE will be readily accessible and available in appropriate sizes. PPI{ shall be cleaned, laundered, and disposed of as required by the standard. (Refer to section 4 a. Housekeeping/Laundry) PPI{ shall be repaired or replaced as needed to maintain its effectiveness at no cost to the First Responder. PPE shall be removed prior to leaving the work area and shall be placed in thc designated area/container for storage, washing, decontamination or disposal. Garment(s) penetrated by blood or OPIM shall be removed immediately or (as soon as feasible). PPF. shall be used in all circumstance as specified in this section. The only exception is when the First Responder chooses temporarily and briefly to forego PPE use when it is his/her judgement that in the specific instance its use would prevent the dehvery of health care or public safety services or would have posed an increased hazard to the safety of the worker or co-worker, These situations occur under rare and extraordinary circumstances and will be investigated and documented by the Police Chief, or his designee, to determine whether changes can be instituted to prevent future occurrences. a. Disposable (Single Use) Gloves Shall be worn when it can be reasonably anticipated that there may be hand contact with blood or OPIlq, mucous membranes, and/or non-intact skin; and when handling or touching contaminated items or surfaces. Disposable gloves shall: * be replaced as soon as practical when contaminated * be removed as soon as feasible if torn, punctured, or when their ability to function as a barrier is compromised. * not be reused Hypoallergenic gloves, powderless gloves, glove liners or other similar alternatives shall be readily accessible to those who are allergic to the gloves normally provided. PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 b. Utility Gloves Shall be worn when cleaning/decontaminating equipment or the environ ment. Utility gloves shall: * be decontaminated for re-use if the integrity of the glove is not compromised * be discarded if they are cracked, peeling, torn punctured or exhibit other signs of deterioration or when their ability to function as a barrier is compromised. c. Masks, Eye Protection, and Face Shields Masks in combination with eye protection devices, such as goggles or glasses with solid side shields, or chin-length face shields, shall be worn whenever splashes, spray, spatter, or droplets of blood or OPIM may be generated and eye, nose, or mouth contamination can be reasonably anticipated. d. Gowns, Aprons, and Other Protective Body Clothing Appropriate protective clothing shall be worn in occupational exposure situations. The type and characteristics will depend upon the task and degree of anticipated exposure. (Refer to Appendix A. for "Examples of Personal Protective Equipment Use for First Responders".) 4. Housekeeping/Laundry The Police Chief, or his Designee is responsible for the schedule and implementation of housekeeping and laundry activities: a. Cleaning and Disinfection (environment and equipment) The Police Station shall be maintained in a clean and sanitary condition and a written schedule for cleaning and decontamination shall be instituted based upon: * location within the facility * type of surface to be cleaned * type of soil present * tasks or procedures performed in the area All equipment, protective coverings, re-usable PPE, re-usable receptacles and environmental and working surfaces shall be 7 PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULy. 1992 (:leaned and decontaminated after contact or suspected contact with blood or OP[H or as soon as feasible after contamination. Broken glass or contaminated re-usable sharps shall not be picked up with the hands. Mechanical means shall be used (e.g., brush and dust pan, tongs, or forceps). Decontamination shall be done withan EPA approved disinfectant ~h~(:h ~s appropriate for the surface or item. Surface or items should be cleaned and decontaminated wearing gloves and other appropmate personal protective equipment. (Refer to Appendix B. for "Guidelines for Selection and Use of Disinfectants".) bo Laundry Contaminated laundry shall be handled as little as possible with a minimum of agitation. It shall be bagged or contained at the location it was used and shall not be sorted at the emergency site. Contaminated laundry shall be transported to the Police Station or appropriate cleaning agency in color coded or labeled bags/containers unless the cleaning agency utlizes Universal Precautions. If laundry presents a reasonable likelihood of leakage it shall be placed in another leak proof bag/container. Contaminated laundry cleaned at the Police Station will be washed in an area separate from the eating/drinking area. Gloves and other appropriate personal protective equipment shall be used during the cleaning process. Normal wash cycle and detergents will be used. Manufacturer's instructions for cleaning will be followed for turn out gear. c. Regulated k'aste Regulated waste as defined by the standard includes only liquid or semi-liquid blood/OPIH; contaminated items that would release blood/OPIl~ in a liquid or semi-liquid state if compressed; and items that are caked with dried blood or OPI~I and are capable of releasing these materials during handling; and contaminated sharps. Contaminated dressings or contaminated PPE which do not meet this definition can be disposed of by ordinary methods. 8 PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 Contaminated Sharps: Refer to section II A., 2 a. "Sharps Containers" Other Regulated Waste: Shall be placed in containers which are: * closeable * constructed to contain all contents and prevent leakage * labeled or color-coded * closed prior to removal * placed in a second leakproof container if the outside is contaminated All regulated waste shall be disposed at a licensed fatality (e.g., hospital receiving patient, regulated waste vendors). Properly packaged regulated waste from an emergency response call may be transported by ambulance to the hospital. B. COMMUNICATION OF HAZARDS 1. Labels The Police Chief, or his Designee is responsible for setting up and maintaining a label program. Biohazard warning labels shall be affixed to: * containers of regulated waste (as defined) * refrigerators/freezers containing blood/OPIM * containers used to store, transport or ship blood or OPIM * contaminated equipment; along with indications regarding which portions are contaminated Biohazard warning labels shall be: * fluorescent orange or orange-red (or predominantly so) with lettering or symbols in contrasting color * affixed as close as feasible to the container by a method that prevents their loss or unintentional removal Red bags or red containers may be substituted for labels. (Containers of labeled blood, blood components or blood products which are released for transfusion/clinical use are exempted from the above requirements.) 9 PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 Information and Training The Police Chief, or his Designee, is responsible for the scheduling and coordination of training. First Responders with occupational exposure shall participate in a training program during work hours and at no c~st. Training shall be provided as follows: * At the time of initial assignment to tasks where occupational exposure may take place * At least annually thereafter * ~'hen new tasks/procedures affect occupational exposure (content limited to exposures) The training program material shall contain at the minimum the following: * Accessible copy of the standard * £pidemiology and symptoms of bloodborne diseases * Modes of transmission of bloodborne pathogens * Explanation of exposure control plan and the means by which a copy can be obtained * Methods for recognizing tasks/activities that may involve exposure * Use/limitations of methods which prevent or reduce exposure * Personal Protective Equipment * Hepatitis B Vaccination * Post exposure follow up actions, reporting and procedures * Post exposure evaluation/medical follow up * Labeling The person(s) conducting training shall be knowledgeable in the above subject matter and provide opportunity for interactive questions and ans wets. 10 PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 C. HEPATITIS B VACCINE The Police Chief, or his Destgnee, is responsible for coordinating the Hepatitts B Vaccine Program. Emergency Public Service shall make Hepatitis B ~'accine available as currently recommended by the U.S. Public Health Department to all occupationally exposed First Responders. Vaccination will be given free of cost and at a reasonable time and place and performed by or under the supervision of a licensed physician or another licensed healthcare professional: * after the required training * within ten working days of initial assignment * at a later date if initially declined The vaccine is not necessary if the First Responder: * Has already received the full series and/or * Has laboratory evidence of immunity o_Er * Has medical reasons for which the vaccine in contraindicated All first responders who choose not to receive the vaccinahon must sign the declination statement (see Appendix C, "Hepatitis B Vaccination Infor reed Consent/Declination' ). D. Post Exposure Evaluation and Follow-Up The Police Chief, or his Designee is responsible for coordination of post exposure evaluation and follow-up program. The Department's Designated Agent will be its Medical Advisor. Confidential post exposure medical evaluation and follow up will be provided by or under the supervision of a licensed physician or by or under the supervision of another licensed healthcare professional according to current U.S. Public Health Service recommendations. Laboratory tests will be conducted by an accredited laboratory. All post exposure services shall be offered free of cost and at a reasonable time and place. The Department Internal Exposure Incident reporting procedure is as follows: * Any exposure incident shall be reported to the Police Chief or his Designee as soon as possible. 11 PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 In the event that the Police Chief or his Designee cannot be reached, then contact the Department's Medical Advisor. Following report of an exposure incident, post exposure evaluation and follow up shall be made immedmtely available to the exposed first responder; and include at least the following elements: Documentation of the route(s)of exposure, and the c~rcumstances under which the expOsure incident occurred. * Identification and documentation of the source lnd.~vidual, unless the employer can establish that identification is not feasible or prohibited by state or local law. See Appendix D for "Emergency Medical Services (EMS) Personnel Communicable Disease Exposure Report Form", the state form ~hich must be completed by the healthcare facility. Source Testing The source individual's blood shall be tested as soon as feasible and after consent is obtained to determine HBV/HIV infectivity. If consent cannot be obtained, the person responsible for coordination of the post exposure program shall establish that legally required consent cannot be obtained. When the source individual's consent is not required by law (e.g., if the source expired before being given an opportunity' to consent, or if the source is incarcerated) the source individual's blood, if available, shall be tested arid the results documented. ],'hen the source individual is already known to be infected with HBV or HIV, testing need not be repeated. Results of the source individual's testing shall be made available to the exposed first responder, and the designated agent of the fire department. The identity and infectious status of the source should remain confidential. Exposed Testing The exposed first responder's blood shall be collected as soon as feasible and tested for HBV and HIV serological status after consent is obtained. If the exposed first responder consents to baseline blood collection, but does not give consent at that time for HIV testing, the sample shall be preserved for at least 90 days. If, within 90 days of the exposure incident, the employee elects to have the baseline sample tested, such testing shall be done as soon as feasible. 12 PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 Post Exposure/Follow Up Care Post exposure prophylaxis (when medically indicated), counseling and evaluation of reported illnesses shall be carried out based on current U.S. Public Health Service recommendations. The following information will be provided to the evaluating healthcare professional: * Copy of OSHA regulation (See Appendix E) * Description of exposed first responder's duties relative to oceu pational exposure * Documentation of the route and c~rcumstan(:es of exposure * All medical records relevant to approprmte treatment (e.g., vaccination status) The healthcare professional shall provide to the police department's designated agent a copy of the evaluating healthcare professional's written opinion within 15 day's of the completion of the evaluation. A copy of the written opinion shall be given to the exposed first responder. The written opinion for post exposure evaluation and follow up shall be limited to the following information: * Whether or not Hepatitis B vaccine is indicated; and if the employee has received such vaccine * That the first responder has been told about any medical conditions resulting from exposure which require further evaluation or treatment All other findings or diagnoses shall remain confidential and shall not be included in the written report. E. Recordkeeping The Police Chief, or his Designee shall be responsible for assuring compliance with recx)rdkeeping requirements. 1. Hedical Records The police department shall establish an accurate record for each first responder with occupational exposure. The records will include: * Exposed first responder's name and social security number * Hepatitis B vaccination status (including dates) and any records related to ability to receive the vaccine 13 PRIOR LAKE POLICE DEPT. BLOODBORNE PATHOGEN CONTROL PLAN JULY, 1992 * Copy of the healthc~are professional's written opinion * Copy of the information provided to the Healthcare Professional as required on pages 12 through 14 of this document. The police department will assure the above medical records are kept confidential and will not report or disclose information without the express written consent of the exposed employee to any person within or outside the workplace except as required in the standard or may be required by law. Medical records will be maintained for at least the duration of employment plus 30 years. The healthcare professional shall maintain a record of all results of examinations, medical testing and follow' up procedures of the exposed first responder for at least the durations of employment plus 30 >'ears. 2. Training Records The police department will maintain training records for at least three years from the date on whmh training occurred. The records will include the following information: * Dates of training sessions * Content or summary of the training session(s) * Names and qualifications of person(s) conducting the training * Names and job titles of all persons attending the training session(s) Signed: Police Chief Date 14 APPENDIX B GUIDELINES FOR SELECTION AND USE .OF DISINFECTANTS Taken from: The Association for Practitioners in Infection Control (APIC) Guidelines for Selection and Use of Disinfectants (1990) Sterilization- complete elimination or destruction of all forms .. of microbial life. Physical or chemical process ie. dry heat, steam under pressure, ethylene oxide Disinfection- eliminates many or all pathogenic microorganisms on inanimate objects exception bacterial spores. Efficacy affected by many factors ie prior cleaning, contamination, exposure to germicide, etc. CDC classification of chemical disinfectants: High-level- destroy all microorganisms except high # bacterial spores Inter-level inactivates TB and vegetative bacteria, most -' virus, most fungi, not bacterial spores Low-level kill most bacteria,some virus, some fungi, not resistant micro such as tubercle bacilli or bacterial spores Cleaning- removal all foreign material from object. Cleaning must proceed disinfection and sterilization. Germicide-agent that destroys microorganisms, particularly pathogenic (illness causing) Chemical sterilants~ used to destroy all forms of microbial life Disinfectant- germicide that inactivates virtually all recognized pathogenic microorganisms but not all microbial life forms on inanimate objects Germicides, including sterilants and disinfectants are registered and regulated by the Environmental Protection Agency (EPA)> Can describe items to be disinfected as: "critical" -present a high risk of infec=ion if contaminated ie. surgical inst., needles recommend: use disposable or sterilize "semicritical" -those objects which come in contact with mucous membrane or non intact skin ie. RT equip., anesthesia equip., Recommend: high level disinfection "noncritical" -th~se items which come into contact with intact skin but not mucous membranes ie. blood pressure cuffs, surfaces, equipment Recommend: iow level disinfectant High level disinfectants: Glutaraldehyde Demand release chlorine dioxide Hydrogen peroxide (stabilized) 6% Sodium hypochlorite Intermediate level disinfectants: Ethyl or isopropyl alcohol Phenolic germicidal detergent solution Iodophor germicidal detergent solution Low level disinfectant: Ethyl or isopropyl alcohol' Sodium hypochlorite Phenolic germicidal detergent solution Iodophor germicidal detergent solution Quatemary ammonium germicidal detergent solution Important to follow instructions for exposure time to the disinfectant APIC Recommendations for processing HIV or HBV contaminated equipment: 1. Standard sterilization/disinfectant procedures for equipment adequate 2. Noncritical environmental surfaces contaminated with blood or bloody body fluids should be cleaned before an EPA registered disinfectant/detergent is applied. Persons cleaning spills should wear disposable gloves. BHS 7/92 A~PEND~X C HEPATITIS B VACCINATION INFORM. ED CONSENT/DECLINATION (Sample form) I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring Hepatitis B virus infection. I further %tnderstand that vaccination is recommended by the Centers for Disease Control and the Occupational Health and Safety Administration. I have been given the necessary educational information to make a decision about receiving the vaccine, understand I have been given the opportunity to receive it at no charge to myself. Please read, check, and sign one of the sections below: INFORMED CONSENT I want to participate in the Hepatitis B vaccination program. I have been informed of the possibility of adverse reactions to the vaccination and my questions have been answered to my satisfaction. I understand that there is no guarantee the vaccine will be fully effective and have been instructed on how to prevent blood and body fluid exposures in the course of my work responsibilities. Signature Date INFORMED REFUSAL I decline Hepatitis B vaccination at this time: I have already received the complete series of Hepatitis B (3 doses). Year: I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with Hepatitis B vaccine, I can receive the vaccination series at no charge to me. I have been instructed on how to prevent blood and body fluid exposures in the course of my work responsibilities. Signature Date SHS/5/92 APPEND[ X, D Emergency Medical Servlcel (EMS) Ptrlonnel COMMUNICABLE DISEASE EXPOSURE REPORT FORM P~. ~ EMS Medk31 ~. an~ your EMS Chief. In m:l~l~. ~ve tt~ I~ent to whom you were expc~t, ad (sou~oe 2. Employee'a Agency Name Agency Phone( ) Agency Address (Town) (State) Medical Olr~.=tor'$ Addreea 1. Date of Incident Tu~e of Incident Vehicle #, Location 3.Name of ~EMS Medical Director for Employee Medical Oireclors Phone ( ) (Town) (State) - 4.First Evaluation Site: 5,Follow-up Appointment Site: Facility Name: FacUlty Name: Address: , Address: '(Town) ~ (st~ta) '(:rJp) "' crown) (sm.) Telephone: I ) ,. Telepho~: [,, $.Clrgumatancee of GontaminaUon (~Ai:~ropdaBom) ' 13 a. weattng gloves? No (:3 Yee 1:3 needleslk~ 0 e. rec:~o~ng a needle 0 f. p~nctum v~th · ~J~arp Ol)lec~ (not needle) 7. Fluid C~ntamlnatlon r"! a. blood 0 b. salve C]c. emesis 0 d. amni~c fluid C] t other? 9. Patient Source Data a. Name: (Zip) ~p) 008 M__ F__ b. Name of facility receiving patient: White - Emergency Department Blue - Hosp. Infec~m Control Practitioner Pink - Employee's EMS Med, Director Yeltow - EMS Ct'ief Green. EMS Exposed Employee 10/90 DIRECTIONS FOR P. re.~tal Ernerger~ Medical ~ef~c~i"[EMSi Personnel to ~::~v. a~ter.'experfencing an occupational exposur~ to blood or body fluids. .. . -'Emergency Medical $~viceS Personnel are-cl~i~Kl'a:.'~- i3. ~, 5~ti, ¢ :.~ .'.';: ,". -' ,': '-. m~ '-'-- ~1~'~ T~:~"'~,-." _~?:~'.,~:;X~ ~'8 ~.~,'. ' ' "= :" (1) individuals emPioyed to'provide prahosp~t.al emergency medical se .wices; <2) persons ern~oyed as licensed police officers under section 626.84, su~ivision 1, who are signilicantly exposed in the performance'of their duties; tirefighters, paramedics, emergency med'~.al technicians, licensed nurses, rescue squad perso_nnel, or other individuals who serve as employees'or volunteer~ of an ambu!ar~e sew~c, e as"d~,flnad by sections 14;4..801 to 14.4.8092, who provide prehospital emiigency medical services; (4) c,"ime lab ~rso'nnal...,~. ~re significantly exposed while-involved in a criminal investigation; and (5) correctional guards, inciud'~'~g securft~ gum'ds at the Minnesota security hosDital, emplcTed by the state or a local upa of government who are s~gnlficantty exposed to an inmate who is transported to a facility for emergency medical care.. .'- '. o. "'- "' - "- · ' STEP 1. ' Understand wh~! a signif~ant exposure is. (See DEFINI~$ BELOW.) STEP 2. Complete the Ccm,"nun~c'~.'31e Disease F.~c. csure Rel:,crt Form a,~ter tra'~po~,ing :he patie:'.t. ,'~ .,,. z:e reading ',he ~ of it3 ~ .n'p~,~ c. re~_s d~,..,~ on your i~'.k pan'so the !asr cc, py is c~ear. ('The t_~,ST C~=.-'~' YOURS.) STEP 3. Complete this s~ep when you deliver the patiem.. a. THIS FORM IS ONLY TO B~_ USEI~ WHEN YOU DEMVER A SCURCE PAT;ENT TO A HGS~[TAL . HAS AN EMERGENCY DEPAR ~'~IENT. When transporting a source patient to a fac~l'~y that has an Emergency Oepartme~, ~ the Communicable Disease Exp(~sure Report Form when ~fcu deliver the patient. b. DO NOT USE THIS FCRM AT THE TIME YOU ARE TRA~SF"ORTI, HG A SOIJRC~ ~AT[~_??' T.~ FACILITY THAT DOES NOT HAVE N',I ~MERGE. NCY DEPAR~VlE,",IT. When'trans~.-'erting a source patient '.o a facility that Goes ncr have an F_.rne,,'~ency ~.e.~a~,-, .~.~t, facil,'l'y ',~itten notification that you were exposed. Fill o~.'t their ~orr~,s when you oel[','e~' '.he .catier, t. Fo;Iowing your wdtten report; go to the nearest ~mergenc7 Department 1o coral:late '.~e Disease Exposure Report form. STEP 4. From the following two options, identif'~'.the health care provider 7cu cfloose to determine if ',his ~.x~osur~ have transm~ HIV or hepat~is B. P/'Cu ~_~ advised !o ~ ev~uated with~ ~-4 bourn.) Se!ec~. o~.e cf the . fo~io,_,ving, for ycur first evaluat[o_n. Indicate your select,~on on the tmr:t of this ~orm (#4). Request a c,~y of first evaluation to be sent to your follow-up appointment s~te. . . - a. The Emergency Department that receives the patient, or in an Emergency Department near *,he mcr,gue .... that receives the patient. If thla Is your choice, you must register yourself as a patient in that h~spltal's Emergency Department or area they have designated. (Areas des[(;nat.~c! rn~y i~-,c!ude your personal physician, outpatient clinic, or other.). - - -b. ' EMS Medical Directorof your agency, or his/her designee. (This may be the'site of your occ, Ji'.at[onsi .... health contractor.) It this Is your choice, take your copy of this form to his/her off,ce. STEP 5. During the firsl ~ ask the doctor or nurse when you should schedule a follew-uo ~_9~,c, oimme,~t at the ~tacaty of your choice. (See Slap-6 below.) ...... :: ....· .. ':..---.' ' STEP 6.' Decide Where ~u want to schedule a foliow.-~ aPl~ihtr~ent. Indicate your selection on the tront ollhis form ' (under ~IP3). ffi is_VOur'res~ns~T~_' to schedule a follow-uD-aDoointment with staff in a health care fac~itv.) Your choices may be: .- .. .= .--; ' :a. ~The hosl3ital where'you transported the patient o.r. tho area they have desig .r~ted.. (Th.is may be a hospital- .- based oulpatlenf~enter, personal phys' '.~Jan,'.or other.) If you chose this option, make an appolntment for follow-up when~ go for yo~.~'.flrSt evalbati6n. '~: . -~-. -.: :..: .... .; ~..' ....... ·b. EMS MedicaJ Director of your ager~, or h~r~esignee.. " '~¢ ~: '.....-,, ~. '-;:;C.':.' ; :.. ~~:'. '.:. .- -.' ~ SIGNIFICanT EXPOSURE DEFINITION 1. Contact of broken skin or mucous membrane of EMS personi~e'i ,,~ith a patient's bk:<x:l, a~niotic fluid, pericard'~ fluid, peritoneal fluid, pleurai fluid, syn0vial fiuid~ cerebrospi'naf ~id, semen, vaginal secretions, or body fluids ~ contaminated with blood: .... :- ": '"" ' ...... : "- .............. 2. A needle-stick, scalpil, or ~t;~h~ant W6~Jnd,'~'~3the~ wouhd i~'~ed by an object that is contaminated with bided, and that is capal:~e of c~tting or puncturing the skin of emergenc7 medical services personnel; or '3. An exposure that occurs by any other method of trans.mi~ion recognized by conter~oorary epidemiolc~';c st~.r, dar~s as a significant exposure. ~PPENDIX E (Sample of Document to 9et from your local hospital) The Emergency Department of Hosp i t al z 1. Has a copy of the OSH~ Bl oodborne Pathogen Standard on file. 2. Will provide post exposure management meeting or recomendations by the U.S. Public Health Service. 3. Will send blood specimens to an accredited ! aboratory. Signature of Emergency Department Medical Director. Date: APPE!I,n! X F F'ederal Re,islet I ¥oL $6, No, 235 [ Friday. December Ik lggl XI. The Standard Pure 1010 of title ~ of the Ca, de of Iq.dcr. I Relubtions is amended follows: P~RT lg IO~AM£NO[DJ la,part Z--{Amended] 1. The generu! suthoflty ~tltion for auhpar't Z o( ~g CFR par~ 19~0 continues t() read as follows and a new citation for ~ HY~0."~03o is added: Aulhority: Seca. 8 and ~. O¢'c~=ttnnat .~ er. ay -,nd lie.tm Ac:. Zg U.$.C. 655, Sncrotnr'y of L,lbor'~ Orcl~,rs e,"~). ~e (41 FR Z.bU~gl. or ~,e:) ( 4~ F"R 3.~."Jly. ss applicable: nad Z~ CFR part lg'lL S~:llon 1glo. Ira0 eisa U..~.C. :. Sec;ion 1~0.1030 Is added to mad ,s [ntluws: ! tl~0. t030 B~.odt)orna Pathogens. la) $cop~ and ,4pplica~/on. 'Ibis s,.~tiun applies to all occupational exposure to blood or other potenttally inG:ctious materials as defined by parngruph (b] of th~s section. (bi Oe/'/n/Oo,~s. For purposes of thin section, the foilowLrt8 sEaU apply: ,4s~/~nt lec.~/.a~ means the Assistant Se='ete:'~ of labor [or OccupaUonal Safety nad Hetlt~ or d~signated rep.,'*.sentaLive.. B/earl means bu.,nan blood, human blood compone-t.s, and products made frem human bloocL B/oodbom., Patho,~e.,s means psihugenic mic,'~or~anisms that ere peasen! in human blood and can cause disease in humans. Thesepatholens include, but are not limitedto, ~ virus (H~V) and human immunodeficiency virus Clinical Lo~or~!o~' means workplace where diagnostic or other screening procedures ar~ performed on blood or other potentl,,U.y LrU'ecttoua mslerials. Contam~n=',ed mesas ~he presence or the reasonably anticipated presence of blood or other potentially Infectinus n~nJ'.'tiuls e: an I!n.,"n cr surface. Co, tominc~.ed Lound~' means laundry which has been'suiTed with blued or ot~e: potentially infectious P4ateriels or may contain sharps. Con~om/n~:e~ lhocps means any contuminste~ cbject that can penetrate tee skin inc!u~i~8 but not limited to. r.*edics, sca!pe!s, bro~n s:ass, broken capillary :ub.-s. and exposed ends ~c.,'c:r:o~r~or:¢~ ..~.eans t~,e USe of Inactivate, ar destm.~ bioe~bon~ pathogens on t surface or item to the point whe~ they are no ioflle, r capable of transmitting infectious particles end lite surface or item la tendered life rot' handling, use. or disposal Director means the Oirector of the K~tional Institute [or Occupaltonal Safety and Health. U.S, Department of Health and Human Services. or designated representative. gflgineeri.s Co, tmls means controls (e.~., sharps disposal cent&inert, self. ahelthing needles} that tsolate or remove the bloodboroe plthogens huzlrd from Ihe workplace. £~posure Incident means a specific eye. mouth, other mucous membrane. non,intact skin. or parenterll contlct with blood or other potentially Infectious materiels that results from the performance of an employee's duties. /-/cndwnah/n~ Facilifies means a fsc-qity providin8 an adequate supply of running potable water, soap and single use towels or hot air d~in! machines. Mcens~.d He~ldtcaro P~fession~! person whose lesally permitted scope of practice allows him or her to independently perform the activitie~ required by paragraph (r) Hepatitis B Vscdnetion end Post-exposure £vslus~on and £ollow-up. HBV means hepattti. B virus. H'/'V means human immunode~clency virus. Octupa~/ana/ Exposu~. means reasonably anticipated skin. eye. mucous membrane, or pa~nterel contact with blood or osha: potentially infectious materials that may result from the pe.H'ormance nE an employee's duties. Other Potent,Sally h~fecticus Moter£cls me,ns (1} The followin~ human body fluids: semen, vaginal secretions, cerebrospina.1 fluid, synovial fluid, pleurst fluid. pa:ica:dill fluid, peritoneal fluid. amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, end ell body P. uids in situations where it is difficult or impossible to d':ffcrenttlte be;ween body fluids: (2] Any u,fixed tissue or oqen (other than intact skin} from s hc.-..un (liviltJ or deecll: and (3) l-flY-containing cell or tissue c..'itur.-.s, arran cultures, sad Ii,V-containing culture .'t:.e~iu.'n or other soiutiuns; end blood, orca.ns, or other ti_'-eues from experimen:al tr..~-.cte~ with HIV or ~=re.'.!erc! me,,ns membranes or the skin ~-e.~.ie; :brough such e.;.e, nts ns ne-.dles~i-.~s, human b;:'.s, cuts. and Personot Protective Equipment la specialized clothing or equipment worn by an employee for protection against heard. Genera~ work ctothet (e.8- uniforms, pants, shifts or blouses} not intended to function as protection a8ainet a hazard ere not considered to be pea'easel protective equipment. Pmdm'~jon Foc///U' menns I I'ncility engaged in tndustrial-scsle, large- volume or high concentrntton production of lily or 119V. Regcl. tcd 14'as~e means liquid or semi-liquid blood or other potentially infectious materials: contamm~ted i:cm.s that would release blood or other potentitlly in(octanes materials in a liquid or semi-liquid state il' compresse~: Items that are clked with dried blood or other potentially ~fectious materials and ere capable of releasing these muterials dur4r~ handling: contaminated sharps: and pathological and microbiological wastes containin~ blood or other potentially infectious materials. R.*s#a,=~h ~aboralory means a l.borstur7 producing or ~ing research- labor=tor3'-s~ale &mounts of HIV or HBV. Research laboratories may produce b,igh concentrations of HIV or HI3V but not In the volume found in production facilities. Source ]nd/vidua/ means any lmiividuat, living ut dead. whose blood or other potentially infectious materials may be a source of occupational exposure to the employee. Examples include, but are not limited to, hospital and cli~c patients: clients in institution~ for Ihs developmentally disabled: trauma victims: clients of drug end alcohol treatment facilities: residents o:' hospices and nursing homes: hume~ remains: and individuals who donate sell blood or blood components. $(fril/~e means Ihs uae of a physiol or chemical procedure to destroy aB microbial life including highly resistant bacterial endospores. ~niverso[ Pre~aution~ lo an ippmic.~ to Infection cont2~L ^cconfin.q to the concept of Universsl P~csutions. all human blood and certain humln body fluids Ire treated Il if known to he Infectious for HIV. HBV. and other bloodbome pethoi~enq, Work Proclice Conlml.e means controls that reduce the likelihood of exposure by altering the manner in which a task is performed {e.$,. prohibiting recapping of needles by a two-handed technique}. Con:.'~l P!c,-.. {i} Each employer havin~ an emptoye-.(s) wit?. oc:'.'petionel expos,re ss deFi~ed b7 paragraph {~.} ::' this section shell establish a wri:ten Exposure C,';ntrol P~ar:. desisned to 6417B Federal Register / Vol. SO. No. 235 / Friday. December 6. 1991 ! Rules end Regulations eliminaU ~ minimize employee exposs~. Iii)'Fat Exposure Control Plan shall contaia et least the following elements: (Al The exposure determination · required by para~'aph(c)(2}, tUiThe schedule and method of Implementation for paragraphs Id) Methode of Compliance. lei HIV end HBV Research Laborelorie~ end Production £ecllities. Vec__,~_tion end Post-Exposure Communication of Hazards to Employees. sad [h] Recordkeeping. of this standard, end (C} The procedure for the ev_aluation of citcamstences surrounding exposure incident~ ss required by paragraph {rj[3}p] of this standard. (iii] Ea~ employer shell ensure that a copy of tbs Exposure Control Plan is accesa~ie to employees in ect;ordance with 2~O'R lgl0 "0la). [iv] The Exposure Conlro] Plan shah be reviewed and updated et least annuall~ and whenever necessary to reflecl new or modified tasks end proc~nrss which effect occupational exposure and to reflect new or revised empioTee positions with occupational expomm'~. (vi The E.xposure Control Plan shah be mede available to the Assistant · ~e~'ataty and the Director upon request fo; e.xal~stion and copying. [2) ~ci~su~e de,arrogation. [il Each emplol~t who has en employee(a} with o,::upadanal exposure ee defined by paralraph lb) of this section shall prepare ~n exposure determination. This axposu~ determination shall contain the (Al A bt of ell job classifications in whir.~ nn employees in those job classifications have occupational exposure: (Bi A list oX'job c!assifications in which some employees have occul~tional exposure, and [C]A list of all tasks and procedures or Sleeps of closely related task and procedures in which occupational exposure occurs and thee are performed by employees in ]ob classifications listed in accordance wilh the provisions of parulreph {c}{21(i]{B) of this standard. {ii} This exposure determination shell be made without regard to the use of personal protective equipment. {d} Med~ods Ce~end--Universal precautions shall be obse~ed to prevent contact with blood or other peter, tinily infectious materials. Under ~'u~s!anc~s in which differemiation between body fluid types is difficait or in,p~csible, all body fluids shall be car. sidereal ~otential!y Infectious =arc,els. (2) ~..~i~tet~n$ and work con;reis. (il ~linee~n8 ~d wo~ pn~ ~la shall be ~ to e~ or minimi~ employee ex~su~ Where ~pational expo.~ re~ins aft~ institution oF ~ese ~n~ ~onal protective equipage ~elJ else be uoe~ ill] ~li~nns ~ntmb shall be examin~ ~d maintained or ~p~aced on a ~gulnr s~edule to ensure their e~ectiveneol. ("il ~pioye~ shaft p~vide handwa~hinff fa~liUes whi~ accessible to employees. (iv) When p~vision of handwashini realities i~ not feasible. ~e employer shell p~vide either an anti~eptic head cleanser in conjunction with ~ean ~oth/psper towels or an~sepUc toweleltes. When antiseptic head ~eans~s or toweletes'are used. heads shall be washed wi~ soap and ~n~g water as soon as feasible. {v) ~lo~e~ shall ensure employees wash ~eir hands immediately or as soon ss feasible after removal of slaves or other penonal protective equipment. {vi) ~plo~e~ shall ens~ thee employees wash hand~ and any o~er skin with seep and water, or flush mucus membranes wf~ water lmm~at~y or as soon as feasible fo~ow~g ~ntact of su~ body areas with blood or other potentially ~fe~loua marshals. [vii) Contaminated needles and contaminated aha~s shah not be bent. ~pped. or removed ex,pt as need in para~aphs [d)[2J[vli}{A} and {d)[2]{vii}~} below. Shea~8 or b~akin~ of contaminated needles is p~hibited. (A} Contaminated needles and o~er con~minated shn~s shall not be recapped or ~moved ~less the employer ~n demonstrate that no al!creative ~ feasible or ~at action is ~quired by a specific medical procedure. lB} Su~ ~capping or needle ~moval must ~ accomplished ~roush the use of a satanical device or e one-handed technique. {viii} l~ediately or as soon as p~ssible after use. contaminated reusable sha~s shall be placed in approp~ate containers until properly reprocessed. These containers shall be: lA} ~nc~ure resistant; [B) ~beled or color-coded in accordance with this standard; {C~ ~kproo~ on the sides bottom: end [O) In accordance with the re~u~:ement~ set forth in (d](4)(ii}(E) ~or reusable sharps. [ix) buns. drinking, smokinI. applyinS cosmetics or lip balm. end lundlin8 contact lenses ere pmhibitp,4 in wo~ ames where there ia a reamer likelihood of occupational exposu~ {x) Food and drink shall not be kept in refrigerators, freezers, shelves, cabinets or on counteflops or benchtops where blood or other potentially infectious materials ere present. {xi] All procedures involving blood or other potentially infectious materials shall be performed in such e manner as to minimize splashing, spraying, spattering, and generation of droplets of these substances. (xii} Mouth pipetting/suctiofling of blood or other potentially infectious materials is prohibited. (xiii] Specimens of blood or other potentially infectious materials shall be 'placed in a car, raiser which prevents leakage during collection, handling, processing, storage, transport, or shipping. [A) The container for slorade. transport, or shipping shall be ~abeled or color-coded accordin8 to paragraph [~}{1}[i) end closed prior to being slated. u'anspotted, or shipped. When a facility utilizes Universal Precautions in the handling of all specimens, the labeling/ color-coding of specimens is not necessary p~vided containers are recogr~zabla es containing specimer' This exemption o~y applies while spec~mens/contaLnem remain within ...¢ facility. Labe]~ or color-coding in accordance with paragraph (g](l](i} is required when suc~ specimens/ containers leave the facility. {B] If outside contamination of the primary contliner occurs, the primary container shall be placed within a second container which prevents leakage durin8 handling, processind, storage, transport, or shipping and is labeled or color-coded according to the requirements of this standard. [C] If the specimen could puncture the primary container, the primary container shall be placed within e secondary container which is puncture-resistant in addition to the above characteristics. [xiv) ~iuipment whi:h may becon',.e contaminated with blood or other potenii&lly infectious ~..aterials shall be examined prior to sar;icing or shipping end shall be decontaminated as necessary, unless the en':..ployer can demonslrate thai decontamination such equipment or portions of such equipment is not feasible. (Al A readily obse~'abie labe~ in accordance with pare~:aph shall be alta;had to t~.e stating which portions remain conta .~.:nated. Federal RqJsler / Vol. fhf',t ifl[ormofJon is conve,/ed ~o ,,fJ ns appropriate, prior to hfldlin8. lervicina. or ehippina so Ib,,t ,lpproprilte precautions will be taken. i3) Person.,I protectiv~ equipment-,..(t} Provilion. When them is occupational exposure, the employer shall provide, at no cost to Ihs emph~)'ce, sppr~prieta personuJ protective equipment su'c~ as. but not timil~] Io, itoves, lawns* I,,borntury coots, lace shields or mas}~ m~d eye protection, and mouthpieces. ~suscita~ion b~s. pocket masks, or olhcr ventil-',:ion de~,'ices. Personal prol~ctive, eq~:ipment w~l be considered '#ppropri.lc" only ii' it doc! not permit blood or edger polentioll}, in[serious m~lerials to pflss thruuak to or reach the employee's work cJuthes, street cJothes. undersarments, skin. eyes. mouth, or other mucous mr. mbrones under normal conditions of' use and f'or 1he duration lime which the protective sc~uiprncnt will be used. (iii Usc. The amp[Dyer lhs[] ensure that the emplo}.ee uses appropriate personal protective equipment unless the employer shows thai the employee temporarily Ind bri~rly declined to use personal protective equipment when. under rare and ex,aural'mar7 circumstances, ti was the employee's professional ludament that tn the Ipecific instance its use would have prevented the deliver), of health care or public safety lerv~ces or would have posed a'n incTessed hazard to the safety of the worker or co-worker. When the employee makes this jUdlement, the circumstances shall be inverts,ted and documented in order to ~termine whether chaoses c~n be instituted to prevent such at,fences in the [uture. (iii) Accessibility. The employer shall ensure that appropriate IS'Serial protective equipment in Ihs appropriate sizes is readily accessible at the worksile or is issued to employees. Hy~oallersenic IIoves* liars liners. powdeHess Iiloves. or olker similar alternatives shall be readily accessible to those ample?eeo who ere allersic.to lbs sieves normally pros4ded. [iv} Cleanins. Launderi~S. and Dispos,l. The employer ~all clean. I,,under. m,d d=~pose of ~rsonal prolecti~e equipment required by parasraphs (d} and ia) of this standard. at no cost to the e.'n.~ioyu. iv} Repair and Replacement. 'The employer sha:l ,'~puir or s~place personal prote,:tive equipment os needed to ~.aL',.tain its elTec!iveness, at r:o cost ~o the e~;Ioyee. {vi) Ii a ~a~..-.~.-.t!sl is I)e~..etrated by Mood or ot,'.e: ;c~,ntial~' (viii All plrallnal prvtective equipment shall be ~m~ ~or to (viii) When M~OMI p~t~tire equipment is ~m~ it shill ~ pt.~ in afl Ippropfiatll~ desi~al~ .~n or container for ~lorala. wuhin& de~n~aminallon or fixJ ~loves. ~loves ,haft be wo~ when it ~n be r.nsonabl)' .ntiOputed that the employee m0y have hand comact with blood, otheF ~t~tialJ~ inrectio~s materials, m~cous memb~nes, and non-intact skin: wh~fl per~or~inS vascular IcceM procedures except as specified in [d}[3]{ix}{O}: and when hxndlinl or routine cvnta~nated items or {A] Disposable {sinfle use] slnve, such ss surgical or ex~mination shall I)e replaced .s soon ~s when contaminated or ~s ~oon as feasible ir the~ are to~. p~nclurad, or when their ~hi[it~ Io ~uncli~n u a barHe~ is comp~mised. ia} Oispos~ble {single use} ~lows shall not be w~shed o~ dc~ni~minaled tar re-use. {C} Ulilit7 ~loves soy be decontaminated tar ~-use if Ihs intently of the ~love is not comp~mise~. However. lhey must discarded if ~e~ ~ c~ed. tom. puncture~ or exhibit other signs detedo~tion o~ when their ~bility function ~s a b~er is comp~mised. {D} If ~n employer in s volunteer bloo~ donation cenler Judges that ~utine ~lovin~ for all phlebolomies not necess.~ then ihs employer shall: {~} Pe~odic~lly reevaluate this policy; (~ MaEs lioves available to employees who wish to use thcs phlebolomy: (~} Not discourse Ihs use of [o~ phlebotom~ sad [~} Requi~e that ~loves be used phlebotom~ in the (~ When Ihs employee hu ~ts. sc~otches, or other b~m~ in his or her lkin: (i;~ When the employee judses that han~ contamination with blood may occur, for example, when performs phlabotom~ on an un:oope~tive sou~e individual: and [//0 When the employee is ~c~ivins t~ainin8 in phlebotomy. (x} Masks. Eye Protection. and Fuce Shield~. Mas~s in combination with p~otecticn devices, luch as 8espies 3Tasses with solid ~i~a shields. ~ chin. lenath lace shiel~, ah,il be wc~ w~e~ever splashes, s~ray, spat:er, or J.,plet~ sI blood or 0lhlr pOtlnti,ll}~ [xiJ ~w~ Ap~ lad I~teffi~ ~y Clothiflf. ~pprop~ile ~t~t~'e ~othinI su~ aL but not Ji~it~ 1o. ~nwns* opens, lab ~inic j.r~ets* or similllr outer ~n~ents shall ~ worn iff ~pationnl exp(,su~ situations. ~e t~e and will depend upon the task and de~rue e~posu~ Iflti~p~ted. Ixii) Surimi caps or hoods ,nd/or shoe ~uvers or boole si,tit b, worn Just.ntis wht~fl ~rnss contamination ~tn ~,son,bly I~ ~nti~:ip, led ie.~.. F~ployer~ shall ~nlO~ ~h,I th~ wor~sile is nminlnim~d in I clenn and ~ndilion. ~e employer shall determine Fad ~mp]e~cnl in Npproprhfle wril~cn scheduic lur clP.nin~ nmi melhn(I dc~:ontam~nnfion b, sPd upon the Is:alien within th~ f~cility, lype n[ suKnc~ to bn cleaned. I)'pe or sell pr~sPnt. In~ tasks or procedures bein~ performed in Ihs (ii} A~ e~uipmen( in~ nnvironmenfu] and workin~ surfaces shell bc cleaned nmi deconz~min3iad liter contact with blood or o(her poieniiully infectious sale,als. (A} Co~:amina~=d wor~ sudaces sh;dl b~ decontaminated with an disinfectant attar completion of procedures: immedilleiy or u so.n reuiMe wh~ surfaces ire contaminated or after ,n~. spill o[ or olhar potentially infectious mnlo~nls: and at the end or ihs work shift if surraca may h,ve become contamlnoled since the last ~eanin8. (~} ~OleCiive cove~nis, such os pllsl~c wreg. aluminum roil. or impe~-iuusly-btcked obsorbem paper use~ to cover equipment unvironmenlal suffeces, shall be ~moved an~ repleced ts soon as feasible s~-hen ~ey become ovurlly conlamiMted or 8t the tad of lh~ workshift ir ~hey tony have become cunlaminaled d~riflI the shin. lC} All bins. pails, cans. Bnd si:,ilur mce~tac]cs intended for reus~ whsch hove ~ re~sonable likelihood fur bccnminff cofllamin~ted wiih blood or olhcr polenlially infectious maleri~ls shall be inspected and ~econtnminut~d on a regularly scheduled basis ~nd cleunud end deconlaminaled immediately or us soon as feusiblu uTon visible contamination. ID} Broken 81aMwsre which muy contaminated sh~ll ~ot be picked up dire:ll)' wit~ t~e hands, 11 shall be clc,~ed ~: ~si~g ~c~a~cal mt,ans. M1~8 F~deral Regater ! VoL Se, No. 23S ! Friday, December 8, 1001 ! Rules and Regulations euch ·s · brash &nd dust pan, longs, forcw·. ~nlamiflnled ~th bl~d m o~r ~t~tt~tly Infectl~ mtefl~il ~]1 not ~ oto~ or ~m~d ~qui~ ~pioym to ~8~ by band into tho ~nt8~era have b~n ple~. fill) R~aI~ W8sle. [Al Contaminated and ~ntii~ent. (Il ~ntaminated sht~s shall be dj·carded immediately or 8l soon 88 feasible ire: (/) ~osable; (i;~ Punt:urn 1i//~ l~akproo[ on sides and b~ttom; (iv) ~beled or ~]ar~ded in o~o~ance wilh paragraph ~](lJ(iJ of ~e slandard. [2) Duma use, containe~ cnnlumJnated gha~s shall be: l0 ~s~ accessible to personnel end luca~ed a~ ~ose es is feasible to the lmmediule a~a where sharps are. used or ~n be reason-~bly anlidpated to be Iound {e.l.. laundries); 1i~ Mamtained upright ~roushout use: (//~ Replaced routinely and not be allowed to overfill. (~) When movieS contaJne~ ~ntaminnted sba~s from ~e area of us~ ~e cofliaaers shall be: {0 Closed ~mediatgy pgor to ~moval or ~pla~e:~t lo p~vent apilla~e or pro,sion of cost,ts han~ing, sto~ge. ~anspoa. Or shippin~ {h~ Plaid ~ t aeconda~ contaln~ leakage is possible. %e second con~lnet shall be: {~1 Cfa·able: [~} Const~cted is contain all contents and prevent leakage du~n8 handling. 8to~ge. Iran·pon. or s~ppin~ and {~ ~beled or color-cad,da- ac:o~inf lo pa~ph (I]{l](J) of this stander. {~} Reusable'containe~ shell not be o~ne~ empti~, or ~eaned manually st In any other manner whi~ would ~poae tmpJoyees lo ~e ~sk of pe~ulaneous inju~. {BI Other Re~lated Waste Containment.Il) Rejulaled waste shell be placgd in contaifle~ which are: I~) Closable: (/:3 Cuflst~cted la contain all contents and p~vent leakage of fluids du~n8 hnndlin8. star·ge. Iranspo~ or ahippin~ {i/~3 ~beled or ~lor~oded in accordance with parag~ph (8}{1)(1] this sfanda~: and (/vi Closed pNor ~o removal to p~vent spillage or p~tr~sion of conlents du~n8 handling, slorsge, traflspo~, or shipping. {~J If out~ige con:aminalion of re3ulaled wa·ia ~ntainer occur. shall be pbc~d In a second container. The second container shall {/} Cio·able: (i/J Conotr~cted to contain all controls and pt~vunl leakage of fluids during hendlin& Itoragt, transport or shippinl: [iii) labeled or color-coded in ec~'danct with parurraph {f}{1)(i) of this standard: and {/vi Os·ed prior to remov~! to prr,'ent · pillage m protru~on of contents durin8 handling, storage, transport, or ·hipping. (C] Dis~s·l of all refulated waste shall be in ·ccord&nca with ·pplicable regulations of the United States. States and T·mtories. end politlcel subdivisions of States and Territories. {Jr) Laundry. {A} Contaminated laundry shall be handled as litLle as possible with · minimum of agitation. (1} Contaminated laundry, shall.be b~8,~,d=oe..c~teineri2.e~. at the location where Jt w~,s u;ed and ah·Il nat be sorted st rLnsed in the location of use. · (2J Contamin·ted laundry shall be placed and transported m bags or containers labeled Or color-coded in accord&nc~ with paragraph (g)(l)(i) of this stand·rd. When e facility utilizes Universal l~ecaution· in the h·ndling of all soiled laundry, &lt·rnat~ve labeling'or color, coding is sufficient if it permits all employees to racog~ze the cant·inet· as requiring compliance with Universal PTecautions. (al Whenever contaminated launch'7 is wet and presents · reasonable likelihood of soak-0u'ou8h of or leakage from the bag or container, the laundry shall be placed and h'ln·ported in bag· or containers which prevent soak- through ·nd/or leakage of fluids to the exterior. ~} Toe employe~ shall ensur~ that employees who have cunt·ct with cont·minated laundry wear protective gloves ·nd other appropriate personal protective equipment. |C} When a facility thips contaminated laundry off-site lo · second facility which does not utilize Universal ~ecautions in the handling of all leundr.., the facility generating the contaminated laundry must place such laundry in begs or containers which ars labeled or color-codpd tn accordance with ps.graph (e) HIV a~d HBV Laboratories and Production F=cilities. (1) This psra~'aph applies to research laboratories sad producuon facilities engaged in the culture, production. coflcentralion, experimentation, and manipulation of HIV and HBV. it does not apply to clinical or diagnostic laboratories engaged solely in the analysis of blood, tissue·, or o~ans. These requirements apply in addition to the other requirements o! the standard. t2} Rmet~.h laboratories and p~uction h~lities shall meet the follow~l [I} Stand~ mJ~biol~i~i All ~ted waste shall either be , ~ne~t~ or de~ta~nated by a me~ .u~ es auto'avis8 known to effetely d~s~y bloodbome path~e~. (il} Spe~al practices. [Al ~borato~ doo~ shall be kept closed when wo~ iflvolvin~ HIV or HBV la iff p~iresa. (B} Contaminated marshals thut arc tc be de~ntaminated at a site away from the work area shall be placed in o durable, leakproof, labeled or color. coded ~ntainer ~at is clo0ed before being ~moved from the work ares. (~s t~e~o~ ·re·. shall ~ limited to autho~zed persuns. Writte~ policies and p~cedures shall be established whereby only persons who have been advised of the potenliul biohazard, who meca any speci~c ent~' requirements, and who comply with ent~ and exit p~cedures shall be allowed to enter the work areas and animal rooms. [D] When other potentially infectious mate~ala or ~fected animals arc preset ~ ~ wo~ ires or cofltainmen: module, a hi.rd wa~in8 sign inco~oritin8 ~e ~iversil biohaz:' sym~l shell be posted on all acce doo~. ~e hi.rd wa~nl sign aha. comply wi~ para,apb ~}[lJ{ii} of this atandi~ (E) All ac~vi~es invoiv~8 other porte,ally infectious materials shall be ~nducted in biological saftty ~biflets or other phyai~l-contai~ent devices wi~n ~e ~ntainmenl module. No wo~ wi~ ~ese other potentiilly infectious marshals shall be conducted on ~e o~ ben~ 1~ Laborato~ co·ts, lawns, imocks. unilo~a, or o~er appropriate protectiv~ ~o~in8 shell be ~ed iff ~e work area and animal ~oms. ~tec~vu clothing shah asr be worn outside of the work a~a and shall ~ decontaminated befo~ being la~de~d. tGI Sp~isl ~re shall be taken to avoid skin ~nlact with other potentiaik. infectious malegals. Gloves shall be wo~ wh~ handling infecled animals and when ruskin8 hand contact wi:h other poteflliallx infeclious materials is unavoidable. iH] Before disposal all waste from work areas and f~m animal rooms either be incinerated or decontaminate: paths·ess. Federa! ReGister ! ¥oL Se. No. 2.15 ~h liquid dieinf~tant I~ and hiRh. ~en~ ~i~]~le air [HF~AJ filte~ ~ ~lle~ of equivalent or ~tinely ~ maintained or ~pli~d 0) Hyp~e~ic ne~Tcs and ~tfes. O~y needle-lo.inS sy~nses or dispersals syriflae.needJe units (i.e. the ~ for the iniectmn or aspiration other polentially infectious marshals. ~treme ~ution s~all be use~ han~lin8 n.e~Tes a=~ syrin~es. A neeOle ~[[ not bt baal sheared. ~placed t~ sheath or iuard, or removed from s~nse b~win8 use. ~e needle and s~nae shall be ~mpfly placed in a p~ct~r~-resistant container and r~se or [K} All spilh shall be Immediatel~ c~taJned and cleaned up by app~pdste p~fessiona[ staff or ~perly t~ined and equipped to wor~ ~ po(enGalfy concentrated in~ectio~ mferiais. ~] A ~i~ or accident thai results an exposure ~gident shall be i~edlately reported to ~e libornto~ ·mctor or other responsible person. ~t] A biosafet7 manual .shall be p~ared or adopted and ptgodicallv ~ewed ~d updated at least or more o~n if necessa~. Penn,el s~il be advised of potentiel%aza~s. · ~11 be r~irud to read inst~clions on p~ctices and procedures, and s~all be ~i~g to follow them. [iii) Con~inment equipment, lA) [~ass 1. II. or 11I] or oih~r ~ppropna~e ~binalions of per,anal p~leCtiO~ s~ial protective ciolhin$. ~spi~tom. ~m. and coflfainment casJn8 for ~t~ other ~tentiall~ infectious ~ttfials ~at ~o~e a threll of txposura to droplets, splashes, spills, or aerosols. ~ 9iol~iol safety cabinets shall be c~eg when installed, whenever they 131 H~V and HflV resear~ fe~ratori~ shall meet the followin8 Ii) [a~n l~boralory shall contain f~lily [or hand w~shin~ and tn wash facility which is readily available Iii) t~ autoclave for dcuontamina:ion s~ll meet the rollowins Ii} The work er. as th~li I~ from areas that ai~ ol~*n to unrtstricted traffic flow ~in tht buiJdi~. thm~h two sets of d~ shll ~ ~e basic ~ui~mtflt for .nt~ late the work .~. f~m .~. ~dou at ot~ ~nli~OUS l~al. Physl~l ~pomliofl of the hilh<omninment work ama from a~ss ~dam ~ other areas or aciivilies may Also be pto~d~ by u double-doomd dothes~ange mom {showe~ may ~ Include]. airlock, or other ~ccess facility that ~quires psssin8 ~ush two sels of doom belore (ii] ~e surfaces of d~. walls. and ceilinSs in the work area shall be water resistant so that they can be easily cleaned. ~enetrattons In these su~sces shall be ~etled or ~pible of bainI setled !o deconiaminelto~ (iii] ~ech work eras shtll contain ~ sink for washin8 hands and n readily avaiI~ble eye wash [a~lity. ~e sink shall be ~oot. elbow, or automatically operated and shall be lo, led near the ~it door of Ihs work AreA. contai~ent module shall be self- closing. (vi ~ autoclave for decontamination of regulated waste sha~ be available within or as near it possible to ~e (vi} A ducteg e~ault-air ventilaticn a~stem shall be provide~ This syslem shall create di~ctional airflow that ~ws att into the work area ~u8h the en~ area. ~e exhausl sir shall flol be recirc~tated to any other area oF the buildint, shall be dischu~ed to the outside, and shits be ~isperi.d aw~y from o~pled areas and air intakes. The ~ur girucllon of Ihs airflow shall be ~fied [i.e.. lain ~he work area). [5) T~in/n~ Requimmena. Addiltonnl ~linin{ requirtmenls for employees HIV and HBV resetr~ laborato~es ~nd HIV and HBV production facilities specified in paragraph exposure e./oluetio~ ~e.~/. (ti ~e employer shell make available the hepatitis B vaccine and vaccination series to all employees how c:=u~tional expesure, and pOSt- expos,~re evaluation and f~ilow-u~ lo employees who hav~ had an exposure incident. [ii) The employer shall ensure thee ali me~i:al evaluations end procedures including the he~otitis B vaccine vaccinatton se~es and post.e>:posure evaluutiou and follow-up, includia~ pr~:;~ax~s, art: ia} ~,au, avatlaute ~t n~ cost to e~l~:.'e~:. Illl Mede available to thc employ~ ut a assailable time and place:. lC} Perfomed by or under the supervision of a licensed physician or b~ or under the sup~v4sion of enother lictnud healthcar, pmfesAional; and (DJ Provided Accordinlt to recommendetioM of the U.S. i'~hllc I leelth Service current et the time these eveluAtions end procedures talc place. except at specified by this poraSn~Ph (ri. {iii) The employer shall ensure Ihal laboratory tests are conducted by on accredited laboratory at no cost to the employee. (21 Hepatitis 8 Vaccinaliu,. iii Hepatitis B vaccination shall be nmde Available after the employee has received the trainin{ required in pArasrnph (8}121ivii][ll And within 10 working days of initial assignment lo ~11 ~m~loyees who have o~u~ntion,! exposure unless Ihs employee has Deviously received Ihs complele Icslin8 has revealed ~hal Ihs employeu immune, or Ihs vaccine }s ~nlruindicnled for medical reasons. liil ~e employer sholl not make porti~petiau in ~'ptescru~nin~ p~sr;]m I prerequisile for receivin{ hepatitis vaccination. [iii) l[ the employee initially declines he,stills B vaccination ~ut at i later dale while ~1111 mve~d u~der standa~ decides to Accept the re.nation, the employer shell make available hepatitis B vmccinaliofl mi that 0vi ~e employer shall assu~ employees who decline Io ~ccept hepalilis B recreation offered by lbo emplover si~n the states=at in appendix A. Ivl ff a routine booster dosels) of hep~lilis B v~ccine is r~commended the U.S. D~blic Heallh $e~ice st a f~i~m d.l.. such boos~er goseis) shall be made available in .ccord~n~ with section Follow.up. PollowinJ s report Of In ~xposU~ incident, the imployer sh~ll make i~mediate!~ available ~o the expos~ tmploye~ a confidential mediml evaluation an~ [olluw..p. inciudin{ It lepst the foil.win8 iii Oocumenlation or thc roulc(s] of exposure, sng the ctrcumstancas which the exposure inciOent Bi} Id..ntificatiun end ~ucumen~atica of ~h, source i~ivigunl. ,nlcss the employer can rslab]ish id~ntiRcation is i~rea~i~Ic or pruhiGi~efl IAI Tht sour:e ~r,d~vi~ual's blood shall be tested as sec~ as feasible Federal Ra~ister ! Vol. 56.. No. 235 after consent i~ obtained in order to determine HBV and I'GV iflfecflvily. If consent ia not obtained, the employer shall establish that ~qally required consent cannot be obtained. When the source individual*s consent is not required by law, the source individuars blood, if avaitable, shall be teated and the results documented. (B) When the source individual is already known to ~ infected with I..[BV or HIV, rossini for the source individual's known HB¥ or HIV status need not be repented. (Ct Re, ales of Ihs source Ifldividuars testinli ~i,,il be mede available to the exposed employee, and the employee shall b~, intur:,e.J of .,pplicable laws and regulations cunc. e,-nini disclosure of the identity and infectious status of the source individual [iff} Collection and testing of blood for HBV and HIV serological status: lA} The exposed employee's blood eheU be cell:teed as soon as feasible and tested after consent is obtained. ['BJ If the employee consents to baseline blood collection, but does not Siva consent at that time for seroh~c testis& t~ sample shah be preserved for at least gO days. La, within go days of the exposure incident, the employee elects to have the baseline sample tested, such tastln~ shah be done as soon as fse~ible. {iv] Post-exposure prophylaxL~, when medically indicated, as recommended by the U.S. Public l'balth Service: {v) Cou~selin~ and {vi] Evaluation of reported illnesses. [4) ~nfo:motio~ Z~ovi#ed to l'/ecl~ca~e Pra[essional. (ii The employer shall ensure that the healthcare professional responsible for the employee's Hepatitis B vaccination is pro~'~ded s copy of this regulation. (ii] 'the emptoyu' shall ensure that the healthcare profassfonal evaluating an empires after an exposes incident is p~ovided the followin8 information: (Al A copy o1' this rea~dation; (B! A desc~ptJon al'the exposed employee's duties as they relate to the exposure incident: (C) Doc~.,~entation of the mute(s) OF exposure and c'ircmnstancaa under (DJ Results of the source individual's blood testing, if available; and [£] All medi~l records relevant to the appropriate treatment of the employee inciudinI vacc'-'nation status which are the employe:'s responsibility to maintain. tS] Heolu~c=~ P,'o/essiono/'s tVritten Op/nio:t. The e~ployer sh~ll obtain and provid., the e .r. plo],-ee with a copy of the eva!ualm~ hestl~:art professional's / Friday, December ~. 1991 I Pules and Regulations written opinion within M days of the completion of th evaluation. (il The healthcare l~Ofesaional's written opinion for Hepa~tis B vac~natlon shall be lhniud to whether Hepatitis B veccmation is indicated for an employee, and ti' the employee baa received such vaccination. (iii The healthcare ptofesslonars wrilton opinion for post-exposure evaluation and follow*up s~ll be limited to the following information: - {A} That the employee has been ~J'omled of' the results of the evaluation: and {B} That the employee has been told about any mecLi~l conditions resulting from exposure to blood or other potentially inf'eotious materials which requLre further evaluation or LreatmenL [iii) All other findings or dJalnoses shall remain'con~demiel amhhaJl'no, t be' ..... included in the written report. {6]/v[e~/co/recor~Aee~/n,g. ~edical records required by this standard shall be maLntained Ln accordance with paragraph [hJ(lJ of this section. (8] Communico~on o[ Ao:or~& to employees-- (~ } Z, obe/s end sijns. (il l-bela, [A} Warning labels shell be atTLxed to containers often.dated waste. ret'rigeratom and free~e~ contaiflin$ blood or other potenffally infectious material: and other containers used to afore, transport or ship blood or other potentially inf'ect~ous materiels, except as provided tn paragraph (g](l](i](£]. (F'J and (Bi Labels required by this section shall Include the following legend: BIQI-tAZ.AJ~O [C] These labels shall be fluorescent oranie or oranie.red or predo~inamly so. with iette~n8 or symbols in a cont,Tastifl8 color. {D) ~abels r~iuired by sffb,.ed ss close as feasible to the oontaine~ by string, wise. adhesive, or other metAod · at preveno ~e~r loss or ~mteflt~onai removal (E) Red bass or red ~ntaiflero may be substituted for labels. (~ C=ntainefl of biood, blood cc~pon~:~, or blood products I~a~ are ]a~ed as to ~eir contents a~ ~3ve ~een released for transfusion or ot~er clinical usa art exempted from the lassie! requirements of perairaph {lt. ICJ Individual containers of bioo~ othe~ potentially infectious materi~ that m placed in a labeled comain~., duri~ storage, transport, shipment or disposal are exempted from the labeling requirement. ll'fl Labels required for contaminated equipment shall be in accordance with this paragraph end shill also state which portions of the. equipment remain contaminated. (fl Resulated waste that has bee.-, decontaminated need not be labeled or color*coded. [iii Signs. (^)The employer shall post signs at the entrance to work areas specified In paragraph {el. HIV end HgV Re~earr. h Laboratory and Production Fk-JUties,.whi~.sha4~ be~f the foilowin~ legend: BIOHA.ZA~D (Name of the Infectious Aienl! (SG~Ctsi requirements for easeL"in8 the or'us] (NMssL telephone flumbK of the laboratory director or other responsible penon.} (Bi These signs shall be fluoresces arenas-red or predominantly so, wi~ letteFin8 or syn.-bols in s cents'astra.S color. ~mp]oyera shall ensure thai all employees with occupational exposure participate in a training program which- mu.st be provided at no cost lo the eroployee and du,"in8 working hours. Iii} Tratni~8 shall be provided ss follows: (Al At the time of initial assignment to tasks whe~ occ~pat, ionai exposure may take place: lB) Within O0 days after the effe,=tive date of the standard: and (C:I At least annual!y t~ereafter. (iiiJ For employees who have receive~ training on bloodl~orne pathcaens in the )'ear precedin8 the effective date o: the standard, only trainin$ with respect to the provisions of the stanc~ard whlc:'~ were not included need be provide~.. (Iv] A~.nual train, S for all emplcyees shah be p~vided wi:hi.-, one yea: of their previous ,.dor.,I Re iete.r./ VoL Sa. Hd.y. ?e mber / n.l..nd Xtgul.,on. e428t Dt F~npluyers shall provide additiurml I:~iai,1 wh~ ~un~e~ ~u~h as m~l~ o~ laSkl Or p~u~S or t~lMfl of new tasks ~ .ff~ ~e employee's ~iiflflnl e~. ~e additionol traiflin~ m~ be ~ to odd~s~fl~ the new ~ttr~s ()ii ~t4il~aJ upprupr~01~ iff cf)at,fit sh,:U l~ used. I~il The Irai~in~ l)r,~ram ~h.ll cunMin ~[ n minimum Ihe fullcwin~ ~g~dlu~ text o~ this shmda~ ~lflel exposition o[ ~s c~fllcnf~: bf~e diseases: [~ An expl~n,linfl of the re,des trfl~missiun uf bluodl)o~e p;dhoge.s: (DJ An explanation ,~ th(: empluy~r's C~surc cunl~vl phm .nd Iht mc;ms by wh~ the employee ~an ~)bl~in. copy of I~ written pi.m: [E) ~ explanation o[ the aD~ro~Hltht me,ods ~or recn~nizifl~ lusts and olher .ctivities that may involve ex~,~sure to bl~ and oth~r pnl~nlhdl). muleriaJs: (~ An exp}a,~lion of Ihe u~e and limi~tion, of methods that wili prevent or ~uce exposure in~udin8 ap~priate ensine~rin8 cont~ls, wor~ p~ices, end perone] praleclive ~pment: lC) Info.etlon on the types, prnper u3~ I~tJon. removal, htndiin& de~flam~nation and d~spus~ o[ pe~l protective [~ An ~xplanation of the basis fur sei~tion o[ personal prol~ctive eqmpmem: (!] Information on t~ h~patiHs ~ va~ne, includinS i~[ormntion on e~. safety, meth~ of gdmini~traticn, the beneRIs o~ b~in~ va~nated, and that the vec~ine and re.nation will be uffered free o[ fl) ~for~uliofl on the appropriate an ~e~genc~.. involvin8 bhmd or other pO~lJuJJ~ infectious mateHe~%: [KI An .xptanatien of the procedure lo lei;ow ;r .n exposure i~c~d:.nt ora)rs. in~udifl~ t~ method of r~porti~ :he in~unt and the n;e~:,l follow-up [L) lnformat:O~ on the pn~l-exposure evilu~lion and follow.up 'hat the employer [s req~:ir~d Io provide fun the e~pl,~yce [otlowmg sa expos:upu infidcfll: [~J} t:n e~}d::atiu~ Of the signs Ill.la and/or color ending requited by [NJ An opportunity for Interactive q,estiflns ,,nd aflm, ver~ with the per~e. amducliflI the training msion. [rill1 ~e pemofl ~ndu~in~ fha Ir.doing shall ~ ~owledsceble in the subje~ matter cove~d ~ ~e elements contained in Ihl ~inifl~ ~m lo il ~l,le~ lo ~e workplace ~at ~e t~i~ will add~s. tixJ Addilion,] ~itiul T~inin~ for F~ployees in HIV end Labt~ralorJes and Produ~lin~ ~'m:ilJlms. Emplo~u~ts in iIW or H~V lal)m ,lufics and J ltv or I IBV pmductiun ;uc~lii;es shah receive Ihe fullowin~ iniHul lrainJn~ in addition lo lhe uhoYu lraiflin~ requirements. [~] The employer ah,II .saute IJliH empluyees demonstrate proficiency in Itfmrh~rfl ~JcJobiolo~ica] precti~ ami techniques ,nd in the practices end olwratiofl~ specific tn the facility before b~ing allowed to work wilh Ilq The employer shall assure thai em~h:yeea have prior experienct~ in the ha::diing ~f human pu~hogenl or eullures before workini wRh t{IV or HUV. (C} The employer shall pr.rash: training prospero to employees who have no prior ,xperienee in handling haman p,thogen:. Initial work ~ctivJties shall not include the handiin~ of infectiou~ agents. A progression of work Ictivitie~ shall be assigned aa techniques ire learned end proficien~ is developed. The empioy~r shall assure that e~ployees pa~icipate in work activities in~-ulving infectious agents only urger pr~:~ency has been demonsl~led. ~c~s. Ii} The employer shall esta~liah and maintain an acetate record fur each employee wHh occupational exposure, in accordance wilh 2g CFR lg10.20. {ii} This record shall include: IA} ~e name end suciui secu~ly ri.umber ~ the employee; lB] A copy of ~e empluyee's hepatitis ~ vaccination status includin~ the dates of all ~he hepatitis ~ vaccinations and any med,:al records relative ia the emrioy~e's ability to receive vaccine,:on as required by paragraph {C) .~ copy of all .es,dt~ of ex,~minationA, medical ~estin~. and fo!low-up procedures ns required hr ID} The em7le~er's cory of he,lib:are profes~ional'~ wr;t~e~ n~micn as require~ by paragraph (~{$~: and {~ A cc;:y cf th~ information prcv?~c~ [: cee heuhhcare professional ,s r~uircd ~;- paragraphs nnd t~). till) Confidentiality. The ~:mployer ah.il ensure that employee medical records r~uired by parul:tuph (hJ[ll ,rt. lA] Kept confldefllf.l: and ID) Ate not dl~ioeeO or withoul the employee's expteaa whiten consonl to an)' peman within or eutaide Ihe we&place except aa required by this ~ectlun ur us me)' be requln,,d by hJw. [iv) The employer si:ali re.tint#in thc meads required by purn#raph (h] fur al least the durntian of empln:,'mu,t plus yenr~ ii: accordnnce wilh ~ CFR lg 10.~t'l. f3J 7'r,;:'ch~ ITcr:nrdr.. fi/ nc(coals )'.tmff ira:lucia 1/i(: h,f. rmnti.n: {^) '1'~c ~al~.s or the truini,:.v. {O} The contents or s summary of the traininll s(..ssinns: ICJ The names and qualil'ir, fl!iona nf p::rsoni cnnduciin~ the trdinin~.,: and Il'J) The r.,mes m~d j-b :ilh:s of ,11 (itl Tri,i,in;~ r~:cui'd.q ~l',,sll he lnainlaine~ t's:r 3 yenrs from thc d~,l~ on · . which the Iraimnx nero, fred. I.q! ..lrttil~dd!a.r. Iii The shall ensure thnt all records requin:d be mainhsined by Ihis sectiun sh. Ii he made ,vail.:ble upon requosl to the AlJiallanl Se~elary and the Directur [ur examination and copying. {iii £mployee training record,, required bi' this paragr:~r.h shall be provided upon mquesI fo: examination and copying to employees. In employee tn. presentatives, to the Director. end Lhe A~$istan! Secretary in accordance wilh Zg C~R (ii'ti £mployee medical records required !;y Ihis puraR:upi~ stn,II be provided upnn re'.lUU.~l fur exansit~..tm,~ and copyml~ to the subject empluyne. anyone havinSwritten cnnse, nl of subject employee. In the Director, and the ^sqistnnt Secret,r~ in accord,ncc with ~ CYR 1910.20. (41 T.,at~s.tero~itm:nrd& {il The employer shall comply with Ihe requirements involving transfer of recor{i~ set forth in 2g C~'R lg10.20{h). (ii] If the employer ceases tn do buainrs.'~ and there is no emplc;~'er to re{:eive end retain the records [or the prescribed period, the emple~,'er .'hall nosily the Director. least three months prior to their disposal nnd tr~.':.smi: d'tem to Ibc Dir,,ctor. ii' require:l by the Dirt, ct~r t,.) do so. within the! three mnnlh (i]D, tc's--(U Eff~,c:tvr. Dole The standard shall L~ecomu eflccti..,: Marc~ 8. ltJg2. [2) The Expostlre Con!roi required by paragraph {c][2} o! th,3 leO:ion shall be complete~j on or before May S. lgOZ. · 84182 Fodenl Resistor / Vol. Sa, No. 2,15 I FridAy. December 8. 10~ / Rules and Relull!,lons (3J Paragraph (l][2] h~ormatJon and TrainL'tt ~nd (hi RecordkHpin8 shall take efl'tc~ on or before ]uno 4.1802. '" (4J Para. phs (dJ~2J EAlineerin8 end · Work Practice Conu'oh..(dJt2J Ps,'3onal Protective Eq~lpmqnk (dJ(4J . i louHkeepios, (a) HIV and H~V · Research Laboratories and Production Fscflities. (f) Hepatltis'B Vaccin~tlofl and Post-Exposure Evaluation and r*ollow..up, aha Il! tl) Labels and S~lns. i~all lake ~JTecI luly& 1~02. .' ! ~mdcraland t~t b lo m,/occupat.'oaal · . exposure to blood or oOwr poieniieliy infecfJmm anateriala I may be &t flak of eOCluirlal bepetiLLt B vireo {)l~VJ Infection. I ' lily. ben Stv.n the opportuit7 lo be vocclnnt.d with bk'~tltb B v.c~lnt .t no char'st to myself. However. ! decline hp. petitis vaccination ssi this limo. I understand ~y KtOM mat~als and ! h ~td ~ b~tl~ B ~b v.~ ~ at flo ~rae I~ ~ ~-~ ~ ~-L~: t4S ami 3-12 - 2 AGENDA ATTACHHENT 3 ( e ) 3-12 - 6 B) 6. The steps taken to minimize noise and nuisances; and 7. The name, address and phone number of the sound technician who will operate the sound panel controlling the loudness if the music is to be electrically amplified. 3-12--3: EXEMPTIONS TO LICENSING: The licensing requirements of this Chapter shall not apply to any outdoor religious ceremony or any outdoor concert or music event sponsored by the City or the Prior Lake School District. 3-12-4: ADDITIONAL REQUIREMENTS: (Al All applications shall be accompanied by the written consent of the property owner or tenant of property sought to be used for the concert. No license shall be granted without such consent being filed. All concert activities must be contained on the approved concert site. (B) All applications shall be accompanied by evidence satisfactory to the City that the City is protected under an insurance policy against all liability or claims which might arise out of the holding of the concert. (C) All applications shall be accompanied by a written agreement by the person or persons seeking the license that he, she or they will defend, hold harmless and indemnify the City, its employees, agents and officers, against all claims, demands, actions or causes of actions of whatsoever nature or character arising out of or by reason of the conduct of the outdoor concert, which agreement shall also provide for the repair of or payment for damages to public property. ~ (D) All applications submitted to the City for approval shall be accompanied by ~ payment of a license fee as determined by the City Council. Concerts or musical ~ events organized by nonprofit organizations such as religious organizations or ~ community associations may have the fee waived if permission is granted by the City Council. 3- 12 - 5: HEARING: In the event the City Manager denies a license to an applicant, the applicant may request a hearing on the application before the City Council. Upon hearing, the City Council may in its discretion grant or refuse to grant the issuance of a license subject to such conditions as it may deem necessary and expedient for the protection of the health, safety and general welfare of the City. 3--12--6: DECIBEL LEVEL: Outdoor concerts shall not exceed a decibel level of sixty five (65) decibels at a distance of one hundred feet (100') from the concert site. The Prior Lake Police Department shall monitor the decibel level. In the event the maximum decibel level is exceeded, the Prior Lake Police Department shall revoke the license and the person shall immediately discontinue the concert or music event. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 3(f) KAY SCHMUDLACH, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF AGREEMENT BETWEEN CITY OF PRIOR LAKE AND ADVANCE RESOURCES FOR DEVELOPMENT INC. SEPTEMBER 8, 1992 INTRODUCTION: BACKGROUND: The City of Prior Lake is pursuing a development with Rainbow Play Systems to relocate their business into the new Business Office Park. The reason for the relocation is to provide for the retention and expansion of the company. This agenda item is being submitted to the Council to request funding for an amount not to exceed $6,500.00 in order to pursue an Economic Recovery Grant from the State of Minnesota. Staff is recommending the funding come from the Contingency Fund. Since 1987 Rainbow Play Systems has identified a need to expand their operation. The City has considered the retention of this business as a major priority over the last several years and in part has encouraged the Business Office Park pr?ject to ensure this and other company expanslons. Rainbow has been able to in their stay . current facility by separating the manufacturing from the sales/retail part ~f their operation and moving the later activity to Bloomington. The relocation of the sales/retail, operation has provided Rainbow Play Systems short term space relief within their manufacturing plant, yet increased their sales causing, once again, a demand on the available space. The possibility of the utility extension to the existing ?ark where there present location is, caused Rainbow to delay their search for a new site. Now, since the extension of utilities is not an immediate option, Rainbow officials have contacted City staff about negotiating for a site in the new park. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DISCUSSION: BUDGET IMPACT: RECOMMENDATION: ALTERNATIVES: The Rainbow Play Systems expansion will involve about 5 acres of land in the new Business Office Park. Staff is interested in assisting the development by_ ~roviding Tax Increment Financing. In addition, Economic Development Consultant R?ger Guegette has indicated that this expansion is eligible for an Economic Recovery Grant. The State has indicated after a preliminary analysis that this project could receive funding between $200,00 - $300,00. The Grant is desirable because of the value ($200,00 - $300,00) and because of the flexibility in using the funds. Grant funds can be used for a variety of project expenses· Because of the preliminary nature of the development, staff is not in a position to discuss details of financing package. However, staff recommends the Council authorize the funds not to exceed $6,500 to process the Grant application. Staff will structure the deal to include the repayment to the City for the entire $6,500 consultant fees. The Contingency Fund has a balance of approximately $80,000.00. The balance following the approval of $6,500 will be $73,500.00. Staff has not requested any previous funding from the Contingency Fund to cover any costs associated with the development of the Business Office Park. Staff is working with Advance Resources on a similar agreement for Tax Increment Services. This agreement will be introduced to the Council at a later date. Staff recommends Council appropriate $6,500 from the Contingency Fund to cover the costs of applying for the Economic Recovery Grant. The City Council has the following alternatives: The City Council can approve the agreement between the City and Advance Resources Inc. with an appropriation of $6,500 from the Contingency Fund to cover the costs. The City Council can approve the Development Agreement between the City and Advance Resources Inc. and deny the ACTION REQUIRED: appropriation from the Contingency Fund. In this scenario funds would come from the Economic Development Budget. (No money has been set aside for this project.) 3. The City Council can deny the Agreement and the request for funds from the Contingency Fund. A motion to approve the Consent Agenda would constitute approval of Alternative #1, the approval of the agreement between the City and Advance Resources Inc. and the appropriation of $6,500 from the Contingency Fund to cover the costs to the agreement. CITY OF PRIOR LAKE, MINNESOTA, AND ADVANCE RESOURCES FOR DEVELOPMENT, INC. WHEREAS, this AGREEMENT is made and entered into this day of August, 1992, by and between Advance Resources for Development, Inc., a Minnesota Corporation with ofrmes at 201 N. Broad St., Suite 310, Mankato, Minnesota 56001 (hereinafter referred to as the 'CONSULTANT-), and the City of Prior Lake, Minnesota, with offices at 4629 Dakota St., Prior Lake, Minnesota 55372 (hereinafter referred to as the 'CMENT'); and WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and professional assistance in conjunction with the coordination, research, analysis and subsequent preparation of a financial package to enable expansion of a local manufacturing company (hereinafter referred to as the 'PROJECT'), and the CONSULTANT has signified its willingness to furnish technical and professional services to the CLIENT; and WHEREAS, the CONSULTANT is willing to consider providing such assistance through the coordination, research, analysis and subsequent preparation of an economic recovery grant application to facilitate the PROJECT (hereinafter referred to as the 'ACTIVITIES'); and WHEREAS, the CONSULTANT represents that it is familiar with regulations governing the ACTIVITIES and is qualified and willing to provide such assistance. NOW THEREFORE, the parties hereto do mutually agree as follows: A. Scope of Consultant's Services The CONSULTANT agrees to perform in a good and professional manner those services outlined in Appendix A, a copy of which is attached hereto and incorporated in this AGREEMENT. B. Services to be Provided by the Client In the event that any information, data, reports, records, and maps are existing and available and are useful for carrying out the work on this PROJECT, this information shall be promptly furnished to the CONSULTANT. Specific services and materials to be provided by the CMENT are outlined in Appendix B, a copy of which is attached hereto and incorporated in this AGREEMENT. C. Meetings and Reports The CONSULTANT shall during the duration of this contract, attend the necessary meetings to facilitate the PROJECT. The CONSULTANT shall provide sufficient copies of proposed documents to the CLIENT for meeting purposes. Sufficient copies of any final documents shall be prepared to ensure that the CUENT can meet its obligations for submitting said documents. D. Chan.qes in Scope of Service The CUENT may request of the CONSULTANT changes in the Scope of Services to be performed hereunder. Changes which are mutually agreed upon by and between the CUENT and the CONSULTANT, including any appropriate increase or decrease in the amount of compensation, shall be incorporated in written amendments to this AGREEMENT. E. Consultant's Compensation Ho The CONSULTANT shall be compensated on the following basis: up to an amount not to exceed six thousand five hundred dollars ($6,500) (as referenced under F below) for CONSULTANT time and expenses including travel, general out-of-pocket expenses and printing. Method of Payment The CONSULTANT shall be paid up to an amount not to exceed $6,500 upon completion of the following activities: 1.. Six thousand five hundred dollars ($6,500) for preparation and submission of an Economic Recovery Grant application. Of this total, three thousand rn/e hundred ($3,500) is due upon submission of the application and the balance of three thousand dollars ($3,000) is due upon approval of the application. Time ol Performance The savices of the CONSULTANT will begin upon delivery to the CONSULTANT of an executed copy ol this AGREEMENT and shall, absent of causes beyond the control of the CONSULTANT, be compleled by November 1, 1992, unless otherwise mutually agreed between the CONSULTANT and the CUENT. Hold Harmless CONSULTANT hereby agrees to indemnify and hold CUENT harmless from all claims or liability including attorneys' fees arising out of the professional services furnished under this contract, providing that such claims or liability is the result of a negligent act, error or omission of the CONSULTANT and/or its employees/agents arising out of the professional services described in the contract. I. Other Provisions The CUENT and the CONSULTANT agree to the terms and conditions outlined in Appendix C, a copy of which is attached hereto and incorporated in this AGREEMENT. IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this AGREEMENT on the dale and year first above written. CONSULTANT: ADVANCE RESOURCES FOR DEVELOPMENT, INC. CLIENT: CITY OF PRIOR LAKE, MINNESOTA, By: Rogm Guenette On behalf o~ Advance Resources for Development, Inc. Its: By: Its: Page 2 of 2 APPENDIX A The CONSULTANT shall perform the following services to facilitate the PROJECT: Preparation and Submission of an Economic Recovery Grant Application The CONSULTANT will work with the CUENT in making contacts with Minnesota Department of Trade and Economic Development (DTED) officials to determine availability of grant funds and engender support for the project. The CONSULTANT will determine, early in the process, the other sources of financing which will constitute the financing package for the project in order to ensure these sources of financing are firmly committed to the project. The CONSULTANT will serve as the party responsible for the preparation of the fund application and ensure that the necessary project information is in order to meet application requirements and time lines. The CONSULTANT will undertake the following specific items for grant preparation. Collect, review and assemble all information for inclusion in the grant application. Prepare DTED grant application. Consult with the CLIENT to ensure that its officials are fully informed as to parties and decisions involved in the process, information in the grant documents, and the consequences of the proposed project. Meet with State staff, officials and elected representatives for the purposes of communicating the contents of the application and soliciting their support for approving the application. Meet with private lenders and attorneys for the purpose of coordinating requirements of public financing. The CONSULTANT will review completed application with CLIENT and DTED to ensure correctness and appropriateness before final submission, APPENDIX B INFORMATION AND SERVICES TO BE PROVIDED BY THE CUENT The CUENT agrees to provide the following information and services to the CONSULTANT on a timely basis. The completion of services to be pedormed by the CONSULTANT under the AGREEMENT is contingent upon the timely receipt from the CEENT, at no cost to the CONSULTANT, the services, data, and reports described in this attachment. The information and services to be provided are identified in the following paragraphs. 1. The CLIENT shall be available on a day-to-day basis to ensure timely progress of the PROJECT. The CLIENT shall assist in the arrangement of meetings with public officials and other appropriate public agencies. The CUENT shall obtain the necessary fiscal, accounting, legal and engineering services necessary to complete the ACTIVITIES. APPENDIX C OTHER PROVISIONS o Termination. The CUENT and the CONSULTANT shall have the dght to terminate the AGREEMENT by 10 days written notice (certified mail) to the other party. In such event, all finished and un- finished documents and work papers prepared by the CONSULTANT shall become the property of the CLIENT, and the CONSULTANT shall receive just and equitable compensation and reimburse- ment for the work undertaken to the date of termination. If CUENT does not exercise the option to claim such documents and work papers as its property, then no fee shall be payable. Excusable Delays. The CONSULTANT shall not be in default by any reason of any failure in performance of this AGREEMENT in accordance with its terms, if such failure arises out of causes beyond the control and without default or negligence of the CONSULTANT. Extra Work. If requested and authorized in writing by the CLIENT, the CONSULTANT will be available to furnish or obtain from others, additional services. The cost and schedule for completing extra work authorized by the CLIENT shall be subject to negotiation between the CLIENT and the CONSULTANT. Findin.qs Property of Client. All finished or unfinished documents, data, surveys, studies, drawings, maps, models, photographs, and reports prepared by the CONSULTANT shall at the option of the CLIENT, become the CLIENT'S property. Conflict of Interest. The CONSULTANT certifies to the best of his knowledge that no CLIENT employee or employee or officer of any public agency interested in this AGREEMENT has any pe- cuniary interest in the business of the CONSULTANT or the AGREEMENT, and that no person associated with the CONSULTANT has any interest that would conflict in any manner or degree with the pedormance of the AGREEMENT. Compliance with Laws. The CONSULTANT shall at all times observe and comply with all laws, ordinances and regulations of the state, federal, local and city government which may in any manner affect the performance of the AGREEMENT. Personnel. All of the services will be pedormed by the CONSULTANT. The CONSULTANT represents that it has, or will secure at its own expense, all personnel required to carry out and perform the scope of services of this AGREEMENT. Such personnel shall be fully qualified. Independent Contractor. The relationship of the CONSULTANT to the CLIENT is that of an independent contractor. Nothing in this AGREEMENT shall be construed so as to deem any employee or agent of the CONSULTANT an employee of the CLIENT for any purpose. ['RI AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 5 SAM LUCAST, ASSOCIATE PLANNER PUBLIC HEARING ON DRAINAGE AND UTILITY EASEMENT VACATION FOR VIK KONTERS - RESOLUTION 92-26 SEPTEMBER 8, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: COMPREHENSIVE PLAN IMPACT: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: The Planning Department received a vacation request from Viktors Konters. Mr. Konters would like to construct a new single family dwelling which straddles the lot lines of Lots 1 and 2. The easements abutting the property lines prohibit development on top of them and must be vacated prior to building the house. Jefferson's First Addition is a new four lot single family subdivision located within the Shoreland District. Final plat was filed in May 1992. Only one building permit has been issued for the subdivision to date. The site was vacant for many years prior to subdivision. There would be no reason for utilities to be located in the newly recorded easement. City records indicate no recorded easements on either Lot 1 or 2. Responses received from a mailing sent to area utility companies indicate there is no reason the easements cannot be vacated. The proposed vacation is not in conflict with the current Comprehensive Plan. No adverse effect is foreseen. There are three alternatives: 1) Approve the vacation Resolution 92-26 as requested 2) Deny the vacation 3) Table the vacation and request staff to provide further information Staff recommends approval of the vacation as submitted - Alternative # 1. Motion to approve Resolution 92-26 is in order. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 92-26 RESOLUTION PROVIDING FOR THE VACATION OF DRAINAGE AND UTILITY EASEMENT WITHIN THE PLAT OF JEFFERSON'S FIRST ADDITION MOTION BY SECONDED BY WHEREAS, the City Council of Prior Lake, on its own motion, endeavors to vacate the following described drainage and utility easement situated in the City of Prior Lake, Scott County, Minnesota to wit: LEGAL DESCRIPTION Lots 1 & 2 Block 1, Jefferson's First Addition WHEREAS, notice of the hearing on said motion to vacate duly published and posted in accordance with the Minnesota Statutes; and has been applicable WHEREAS, a public hearing was held September 8, 1992 at 7:30 Council Chambers; and on said motion to vacate on p.m. in the Prior Lake City WHEREAS, the City Council then proceeded to hear all persons interested in said motion to vacate and persons interested afforded the opportunity to ~resent their views and objections to the granting of said vacation; and WHEREAS, the city Council of Prior Lake has determined that the vacation of said drainage and utility easement would be in the public interest. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, that pursuant to Minnesota Statutes 412.851, the above described easement situated in the City of Prior Lake, Scott County, Minnesota is hereby vacated. BE IT FURTHER RESOLVED that this Resolution will be forwarded to the Office of the County Recorder, Scott County, for appropriate action. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Passed and adopted this 8th day of September, 1992. YES NO Andren Fitzgerald Kedrowski Scott White Andren Fitzgerald Kedrowski Scott White {Seal} David J. Unmacht city Manager PROPOSED DRAINAGE & UTILITY EASEMENT VACATION 't SURVEY PWEPARED FOR: VIK KONTERS 5381 SNORE TRAIL N.E. Valley Surveying Co., P.A. SUITE I~O-C t 16670 FRANKLIN TRAIl FRANKLIN TRAIL OFFICE CONDOMINIUM P~IOR LAKE, MINNESOTA SS~'"Z TELEPHONE (612) 44?-25?0 NO;" 55'zs'E ' ... 180. ~1~FdFdFd~~Fd~ ~, DESCRI~fION: ~o~ 1 end 2, Block 1, JEFFERSONS FIRST ADDITION, Scott County, Minnesota. il~ ahowi~ ~e lo~ttoo of the proposed house u s~ked this l~ day of Aunt, 1~2. NO?~: Benchmark elevation: 9~7.12 top nut of the hydrant st the SW corner 95?9 Denotes existing grade elevations on site. ~Denotes proposed finished grade elevmtion~ Denotes proposed direction of finished drainage Se~ %he Ssrase slab at ciera%ion 999.00 Set the top of block st elevation 999.55 The basement floor is at elevation 9~7.62 Net lot area = 2~,?~ square feet 0 ~0 ~ SCALE IN FEET ~ ~PK. ~ FI.E No.. ~4;I ~OOK leg ,, PAGE ?0 Lar~:l Surveyor~ Valley Surveying Co., P. A. Prior ~ke, Mlnne.ota 55372 Au6ust '18~ ~992 Descripti~ prepared for: Mr. Vik Kmnters 5381 Shore Trail NE. Prior Lake, Mn. 55372 Re: Description to vacate platted utility and drainage easements. A request to vacate that part of the 5.00 foot platted utility and drainage easements lying easterly of and adjacent to the west line of Lot 1, Block 1, Jeffersona First Addition and westerly of and adjacent to the east line of Lot 2, Block 1 of said plat, lying north of the south 10.00 feet of said lots 1 and 2 and lying south of the north 10.00 feet of said lots 1 and 2. Minnesota Registration No. 10183 file no. 7~+7~ TO: ~ Mayor and Councilmembers FROM'~~vid J. Unmacht, City Manager -- , RE. ' Proposed Landscape Ordinance 92-10, September 8, 1992 Council Meeting Agenda Item 9, The following City Manager's note is intended to accompany the staff report for the discussion on the first draft of ~roposed Landscape Ordinance 92-10. This additional information is relevant to your consideration in the review and discussion of proposed Ordinance 92-10. The reason for the preparation of the Landscape Ordinance is twofold: 1) The introduction and implementation of the Prior Lake Business/Office Park. The Council action to proceed with the development of the Business/Office Park will generate non-residential building permit activity. 2) Currently no comprehensive landscaping and screening standards exist in the Prior Lake Zoning Ordinance. To date City staff has been involved in negotiations with building permit applicants for landscape and screening standards. These negotiations, because they are not set forth in an ordinance, have occasionally led to intense discussion and disagreement. This puts staff in an awkward position -- attempting to enforce "a standard" which does not exist in policy or ordinance. Incorporation of proposed screening and landscape standards within the Zoning Ordinance will greatly assist City staff in implementing the direction of the City Council with respect to landscaping and screening requirements. City staff elected not to ~repare the Landscape Ordinance on our own. The rationale for this action is because we do not have the expertise in this field to develop a comprehensive ordinance. With the assistance of Westwood Professional Services (Greg Kopischke, Landscape Architect) the attached draft has been prepared. Mr. Ko~ischke has clients in both the private and public sector and is involved in landscape architecture and planning for the Westwood Professional Services firm. One of the features in the development of this Ordinance was to prepare a matrix of similar ordinances currently in effect with other cities. The matrix offered city staff and the Planning Commission an opportunity to review the text of the Ordinance with respect to other existing ordinances. One of the overriding themes addressed early in the ~reparation of Ordinance 92-10 was to prepare.a document which wlll provide flexibility for an applicant in landscape design and development. City staff is recommending that the City Council adopt a Landscape Ordinance. The extent and complexity of the Ordinance truly depends upon the how detailed the City Council wants to be with landscape and screening requirements. The first draft sets forth a solid starting point for your discussion. 4629 Dakota St. $.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY a',~PLOYER "RZ02CC" AGENDA NUMBER: PREPARED BY: SUB~EC~: DATE: INTRODUCTION: BACKGROUND DISCUSSION: 6 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER REZONING AND COMPREHENSIVE AMENDMENT FROM JIM ALLEN (WESTBUR¥ PONDS) SEPTEMBER 8, 1992 PLAN The ~urpose of this hearing is to consider an application from James E. Allen, Allen Homes, 12433 Princeton Avenue South, Savage, MN 55378, to rezone and amend the comprehensive land use plan for the subject site commonly known as the "Simpkins Farm." The specific request is to amend the comprehensive land use plan map to. chang~ approximately 60 acres of medium density residential land use to low density land use. Subsequently, the applicant requests that 16 acres of B-3, General Business "Contract Zone" and 30 acres of R-3, Multi-Family Residential zoned ~roperty be rezoned to R-i, Single Family Residential, in order to bring the zoning and land use plan into compliance. The applicant does not propose to rezone any of the 14 acres of land currently zoned C-I, Conservation. See attached Exhibits A and B for the respective application forms. The subject site consists of approximately 60 acres located west of Five Hawks Elementary School, north of S.T.H. 13 and 170th Street and east of The Willows Sixth Addition subdivision. See Exhibit C for the subject site area location map. The histor~ of the parcel including p~evious, zo91ng agd development proposals is outlined in Exhib%t D, prepared by R.P. Smith. The analysis is complete therefore staff will not expand upon the historical issues relative to this appl%cation. A copy of the Planning Commission agenda report is attached for further reference. See Exhibit E. The Planning Commission held the public hearing for the comprehensive plan amendment and rezoning on August 6, 1992. A copy of the minutes and attendance sheet are attached as Exhibit F. 4629 Dakota St. S.E., Pdor Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER The public hearing was attended by nineteen residents. Notice of the public hearing was published in the Prior Lake American, mailed to 200 residents, adjacent governmental units and signs were posted on site indicating that the ~roperty is under consideration for rezonlng. Please note that this hearing does not constitute a hearing on the actual subdivision. Upon successful completion of the comprehensive plan amendment and rezoning, it is the intent of Mr. Allen to file an application for subdivision of Westbury Ponds. Staff requested that the applicant provide a concept drawing indicating that it is possible to subdivide the property %nto single family homes as per the rezonlng request. The applicant has been working with staff for approximately six weeks in anticipation of submitting a subdivision proposal. Exhibit G indicates the concept plan submitted to the Planning Commission on August 6, 1992. The concept plan has been changed to address some of the issues presented at the public hearing and the revised concept plan is labeled Exhibit H. Please be advised that staff has not reviewed the concept plan in terms of the subdivision ordinance. More extensive materials and a complete application are necessary prior to the formal subdivision review process. It is likely that the concept plan will be changed during the subdivision process after input is received from neighborhood meetings, future public hearings and input from affected governmental units. The Planning Commission and residents in attendance discussed the importance of park and trail systems through the site to connect to the elementary school. Residents were concerned about increased traffic and questioned when future road connections to Five Hawks Avenue, and Duluth Avenue would be constructed. The majority of comments concerned the proposed concept plan. The audience was in general, supportive of the downzoning from R-3 to R-1. However, several residents were concerned about rezoning the commercial property. Staff informed the attendees that the B-3 zone is not a true business zone but is in fact, limited by a contractual agreement which permits only a handful of uses in the district. Staff also ALTERNATIVES · RECOMMENDATION: advised the audience that the City is in the process of developing a business office park and anticipates future commercial development to take place on existing land in the Highway 13 corridor, and in other areas identified in the draft 2010 Comprehensive Plan. Following the explanation, the audience appeared to be satisfied with the request to rezone the contract zone to R-1 Single Family Residential. The specific comments offered by members of the audience are reflected in the Planning Commission minutes (Exhibit F). Affirm the decision of the Planning Commission to rezone and amend the comprehensive land use plan as requested by the applicant. Table the issue for specific reasons. Deny one or both of the applications for specific reasons. Alternative #1 "Motion by Arnold, second by Wuellner, to recommend to the City Council the approval of the amendment to the comprehensiv? plan for Westbury Ponds from medium density to low density residential and that the zoning map should be amended to reflect a rezoning of the site from R-3, Multi-family residential and B-3 General Business to R-i, Single Family Residential. Rationale being that low density residential is consistent with the neighborhood and the level of infrastructure available to the site and the zon%ng should be amended to reflect the change in land use designation to be consistent with the Comprehensive Plan." Staff recommends that the conditions upon approval application: Council place two of the rezoning The rezoning should be contingent upon receipt of Metropolitan Council authorization to amend the comprehensive plan. The applicant should be required to submit a new legal description of the existing R-3 zoned property proposed to be rezoned to R-1. The legal description submitted with the application and published, incorrectly identified the 150' x 1,050' strip of C-i, Conservation ACTION REQUIRED: land located along the west side yard line of the School District property, as R-3, Multiple Residential zoned land. The applicant does not propose to rezone any of the C-i, Conservation district. The published legal notice is valid because the property description encompasses the entire subject site. However, the applicant must provide a corrected legal description of the site proposed to be zoned R-1 That legal description will consist o~ the published R-3 metes and bounds description, excluding the 150' x 1,050' strip of C-i, Conservation District land. Staff will incorporate the correct legal description into Ordinance form, to be formally adopted by the City Council at a later date. If it is the decision of the Council to approve the rezoning, a motion is in order. Please note, that the rezoning should be contingent upon conditions 1 and 2, outlined above. A separate motion to approve the comprehensive land use change is recommended. CITY OF PRIOR LAKE 25903001-0 APPLICATION FOR AMENEM~ If) CITY OODE, (~ PLAN OR CITY ORDINANCE Applicant~ James E. Allen 5~me Phone.. 890 4152 Work Phone: 894 1888 Address: 12433 Princeton Avenue South , ~v~E.; MN: 5537R Section of Ordinance or Comp Plan Amendment is ~quested for.. W~t~t, ry ?end~_ Describe Amendment: See Submitt~% R..P,. Smith Land Planning Cnn~n]~mnt~: Tnt_ B61. 6940 3009 West 70 1/2 Stree~ Ri~h~ld~ MN. 55A?~-?g46 B~asons for the ~%~quest: (May Attach) Rezone existin~ R3 & B~ tn R1 SinRle Residential Amendment comprehen~iye Land Use Guide Plan that w~l] chan~e designation medium to low density residential ~ P~DbTR~, S: (A.) Completed application form. (B.) Filing Fee. (C.) Parcel Identification Number (PID). (D.)Certified Survey and Names of Property Owners Certified by an Abstract Company if Bequired by the Director of Planning. ONLY O0~ APPLICATIONS ~ALL BE REVIM~D BY THE PLANNIN~ COMMISSION. T~ the best of my knowledge, the information presented on this form is correct. In addition, I have read Section 7.9 of the City Zoning Ordinance which specifies the requirements for amendments. I agree to provide information and follow the procedures as outlined in the Ordinance. ,~pp!~can~s Signature , Submitted this 27d~y of July 19.i2_ ~~~,'~_ 3 ~~ THIS SMCTION ~ BE FILLED OUT BY THE PLANNIN~ DIRf~R CONDITIONS: Signature of the Planning Director D~te EXHIBIT A NOTICE OF PUBLIC HEARING FOR COMPREHENSIVE PLAN AMENDMENT You are hereby notified that a public hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: Tuesday, September 8, 1992 at approximately 7:30 p.m., to consider an application by Jim Allen/Westbury Ponds, to amend the Prior Lake Comprehensive Land Use Plan. The proposal is to amend the Land Use Plan to change approximately.60 acres of land from a Medium Density Residential to Low Density Residential Land Use. The subject site is located east of Willow Lane and north of 170th Street. PROPERTY DESCRIPTION: That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota and that part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1, of said Section 3, described as follows: Commencing at the southwest corner of said West Half of the Southwest Quarter; thence northerly along the west line of said West Half of the Southwest Quarter a distance of 990.50 feet; thence easterly at right angles to said west line a distance of 150.78 feet to the point of beginning of the land to be described; thence continuing easterly at right angles to said west line a distance of 800.00 feet more or less to the west line of the east 366.00 feet of said West Half of the Southwest Quarter; thence southerly along said west line of the east 366.00 feet to the northerly right-of-way line of State Trunk Highway No. 13; thence southwesterly along said northerly right-of-way line to its intersection with the east line of the west 820.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east line of the west 820.00 feet to the north line of the south 390.00 feet of said Southeast Quarter of the Southeast Quarter; thence westerly along said north line of the south 390.00 feet to the west line of said Southeast Quarter of the Southeast Quarter the same being the east line of the plat of WILLOWS SIXTH ADDITION: thence northerly, easterly and northerly along the east line of said plat to its intersection with the south line of the plat of GREEN HEIGHTS; thence easterly along the south line of said plat of GREEN HEIGHTS and the south line of the plat of GREEN HEIGHTS FIRST ADDITION, to the west line of LOt 14, SPRING BROOK PARK 2ND ADDITION; thence southerly along said west line to the southwest corner of said LOt 14; thence easterly along the south 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER line of Lots 14, 13, 12, 11, 10, 9, 8, 7, 6, and 5, of said plat of SPRING BROOK PARK 2ND ADDITION to the southeast corner of said Lot 5; thence northerly along the east line of said LOt 5, to the northeast corner, the same being the northwest corner of Outlot A, of said plat; thence easterly along the north line of said Outlot A, to the northeast corner; thence southerly along the east line of said Outlot A, the same being the west line of Lot 4, of said plat to the southwest corner of said Lot 4; thence easterly along the south line of said LOt 4, a distance of 30.00 feet; thence northeasterly to a point distant 1090.00 feet northerly (as measured parallel with the west line of said West Half of the Southwest Quarter) from the point of beginning; thence southerly along said parallel line a distance of 1090.00 feet to the point of beginning. (Containing 59.80 acres). If you desire to be heard in reference to this matter, you should attend this public hearing. The City Council will accept oral and or written comments. If you have questions regarding this matter, co%tact the Prior Lake planning Department at 447-4230. Deborah~ Assistant City Planner City of Prior Lake DATE MAILED: August 31, 1992 ~rIN~AV $~MVH ~Ahl ~NY't MOllM Applicant.. James E. Allen CITY OF PR/OR LAKE APPLICATION FOR REZONIR~ PID~ ,. 25902102-0 25903001-0 Address: 12433 Princeton Avenue South Savage. MN. 55378 Home Phone: 890 4152 .~rk Phone: 894 188~ Property Owner: William Simpkins Phone: .~21 0876 Address: 11140 West River Road Champ%in, MN. 53316 Cor~ttltant: R.P. Smith Land PlanninR Consultant~..,.. Ing. Address: ~g w~,,70 1/?,~reet ~ich~hlo~, M~. 55~23-28A6 861 6940 Location of proposed rezoning: Willow Lane and Hwy 13 ng~r 170th Street .... Present Zoning: R~ & B3( Proposed Zoning: RI Property Acreage Existing use to be rezoned: 59.80 of Property: Intended use(s) of propertY':. .q~o]e re~identi=_! Reasons for P~quest: Put single, family subdivision in Deed ~estrictions: x No Yes If so, please attach. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: × No _____Yes What was requested:. ~JBMISSION R~UI_ _Rfl~ENTS: (A) Complete application form. ( B) Complete legal description & Property Identification Nu~er (PID). (C) Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of a site plan and Certified Survey, drawn to scale showing existing and proposed structures, lot boundaries, foliage and topography on site and within three hundred (300) feet of the property. (F)Soil tests, if pertinent. (G)Certified from a~tract firm the names and addresses of property o%u~ers within 300 feet of the exterior of the property lines of the subject property. ONLY COMPLE~ APPLICATIONS W-ILL BE REVI~ BY ~E PLANNING GOMMISSION. To the best of ~y knowledge the information presented on this form is correct. In addition, I have read Section 7.9 of the Prior Lake Zoning Ordinance which specifies requir~ents for rezoning procedures. I agree to provide information and follow the proc~es as outlined .in the Ordinance. ~,1~. zts Signat~e / P~ owners signature ~ Bate THIS S CTION IO BE PILLED IN BY THE PLANNING DIRER OONDITIONS: Signature of the Planning Director Date EXHIBIT B "SU07PN" NOTICE OF PUBLIC HEARING FOR REZONING YOU are hereby notified that a public hearing will be held by the City Council in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: Tuesday, September 8, 1992 at approximately 7:30 p.m., to consider an application by Jim Allen/Westbury Ponds, to rezone the following legally described property. The proposal is to rezone approximately 46 acres of land located east of Willow Lane and north of 170th Street from R-3 Multiple Residential, B-3 General Business to R-i, Single Family Urban Residential. DESCRIPTION OF AREA TO BE REZONED B-3 TO R-l: That part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range 22, Scott County, Minnesota and that part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50 feet northerly of the southwest corner; thence easterly at right angles to said west line a distance of 950.78 feet more or less to the west line of the east 366.00 feet of said West Half of the Southwest Quarter; thence southerly along said west line of the east 366.00 feet to the northerly right-of-way line of State Trunk Highway No. 13; thence southwesterly along said northerly right-of-way line to its intersection with the east line of the west 820.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east line of the west 820.00 feet to the north line of the south 390.00 feet of said Southeast Quarter of the Southeast Quarter; thence northeasterly to the point of beginning. (Containing 16.34 acres). DESCRIPTION OF AREA OF R-3 TO BE REZONED TO R-l: That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota and that part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1, in said Section 3, described as follows: Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50 feet northerly of the southwest corner; thence easterly at right angles to said west line a distance of 150.78 feet; thence northerly parallel with said west 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY ENPLOYER line a distance of 550.00 feet; thence westerly to the angel point on the easterly line of Lot 9, Block 1, WILLOWS SIXTH ADDITION, Scott County, Minnesota; thence southerly, westerly and southerly along the east line of said WILLOWS SIXTH ADDITION to its intersection with the north line of the south 390.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence easterly along said north line to the east line of the west 820.00 feet of said Southeast Quarter of the Southeast Quarter; thence northeasterly to the point of beginning. (Containing 29.94 acres). If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the City Council. For more information, contact the Prior Lake Planning Department at 447-4230. Garross Assistant City Planner City of Prior Lake DATE MAILED: August 31, 1992 O00&~ EXHIBIT C A SINGLE FAMILY DEVELOPMENT WESTBURY PONDS COMPREHENSIVE LANDUSE GUIDE PLAN AMENDMENT ZONING ORDINANCE AMENDMENT BY WESTBURY DEVELOPMENT CORPORATION JULY 28, 1992 R. P. SMITH LAND PLANNING CONSULTANTS, INC. (612) 861-6940 FAX 861-8084 EXHIBIT D II PLANNING R. P. SMITH CONSULTANTS, INC, 3009 WEST 70 1/2 STREET RICHFIELD, MN 55423-2846 (612)861-6940 FAX 861- 8084 July 29, 1992 FROM: City of Prior Lake Honorable Mayor/City Council, Planning Commission, City Staff ESTATE OF SIMPKINS THRU: WESTBURY DEVELOPMENT CORPORATION 12433 Princeton Avenue Savage, MN 55478 RE. Comprehensive Land Use Guide Plan amendment/Rezoning Amendment. Dear Mrs. Mayor Lydia Andren This report constitute the written narrative and supportive graphics required by the City of Prior Lake to be submitted, in conjunction with Westbury Development Corporation's proposal to amend the Land Use Guide Plan and zoning ordinance, and obtain informal "Concept Plan' review (collectively referred to as the application). WESTBURY PONDS is a proposed 59.80 acre, proposed single family subdivision which will be submitted by Westbury Development Corporation as a conventional preliminary plat upon acceptance of this application by the City of Prior Lake. We thank you for you consideration and for your review for this proposal. R. P. Smith Land Planning Consultants, Inc. On behalf of Westbury Development Corporation. WESTBURY PONDS Simpkins Estate % William Simpkins, Administrator P.O. Box 176 Osseo, MN 55369 (612)421-0876 Westbury Development Corporation 12433 Princeton Avenue Savage, MN 55378 (612) 894-1888 R. P. SMITH I.AND PLANNING CONSULTANTS, INC. 3009 West 70 1/2 Street Richfield, MN 55423-2846 (612)861-6940 FAX 861-8084 The Simpkins Estate and Westbury Development Corporation is requesting approval of this Comprehensive Landuse Guide Plan amendment from Medium Density Residential to Low Density Residential on 59.80 acres. The applicant also requests the rezoning of the parcel from R-3 high density residential and B-3 General Business back to R-1 Low Density Residential. Westbury Development Corporation also petitions for the informal review of the attached 120 lot single family subdivision "Concept Plan". PROJECT IDENTIFICATION The subject parcel is located within the Five Hawks Neighborhood. Approximately 1620 feet of the southerly border is on Highway 13, the remaining 822 feet of the southerly border is the West Edge Estates. The entire west side of the parcel is the Willows Sixth Addition, a single family subdivision. On the north side is the single family subdivisions of Spring Brook Park and Green heights with a Type III wetland between. On the northeast is Five Hawks Elementary School, and on the east across Five Hawks Avenue is the Faith Evangelical Lutheran Church. Legal descriplJon prepared by Valley Surveying, Co. PA Over all Legal Descri0tion That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota and that part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1, of said sectioa 3, described as follows: 3. Commencing at the southwest corner of said West Half of the southwest Quarter; thence northerly along the west line of said West Half of the Southwest Quarter a distance of 990.50 feet; thence easterly at right angles to said west line a distance of 150.78 feet to the point of beginning of lhe land to be described; thence continuing easterly at right angles to said west line a distance of 800.00 feet more or less to the west line of the east 366.00 feet of said West Half of the Southwest Quarter; thence southerly along said west line of the east 366.00 feet to the northerly right-of-way line of State Trunk Highway No. 13; thence southwesterly along said northerly right-of-way line to its intersection with the east line of the west 820.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east line of the west 820.00 feet to the north line of the soutl~ 390.00 feet of said Southeast Quarter of the Southeast Quarter; thence westerly along said north line of south 390.00 feet to the west line of said Southeast Quarter of the Southeast Quarter the same being the east line of the plat of WILLOWS SIXTH ADDITION: thence northerly, easterly and northerly along the east line of said plat to its intersection with the south line of the plat of GREEN HEIGHTS; thence easterly along the south line of said plat of GREEN HEIGHTS and the south line of the plat of GREEN HEIGHTS FIRST ADDITION, to the west line of Lot 14, SPRING BROOK PARK 2ND ADDITION; thence southerly along said west line to the southwest corner of said Lot 14; thence easterly along the south line of Lots 14, 13, 12, 11, 10, 9, 8, 7, 6, and 5, of said plat of SPRING BROOK PARK 2ND ADDITION Io the southeast corner of said Lot 5; thence northerly along the east line of said Lot 5, to the northeast corner, the same being the northwest corner of Outlot A, of said plat; thence easterly along the north line of said Outlot A, to the northeast corner; thence southerly along the east line of said Outlot A, the same being the west line of Lot 4, of said plat to the southwest corner of said Lot 4; thence easterly along the south line of said Lot 4, a distance of 30.00 feet; thence northeasterly to a point distant 1090.00 feet northerly (as measured parallel with the west line of said West Half of the Southwest Quarter) from the point of beginning; thence southerly along said parallel line a distance of 1090.00 feet to the point of beginning. Containing 59.80 acres. B-3 Le~eal Descriotion That part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range 22, Scott County, Minnesota and that part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota described as follows: Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50 feet northerly of the southwest corner; thence easterly at right angles to said west line a distance of 950.78 feet more or less to the west line of the east 366.00 feet of said West Half of the Southwest Quarter; thence southerly along said west line of the east 366.00 feet to the northerly right-of-way line to State Trunk Highway No. 13; thence southwesterly along said northerly right-of-way line to its intersection with the east line of the west 820.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence northerly along said east line of the west 820.00 feet to the north line of the south 390.00 feet of said Southeast Quarter of the Southeast Quarter; thence northeasterly to the point of beginning. Containing 16.34 acres. R-3 Legal Des~ri_otiol~ That part of the West Half of the Southwest Quarter of Section 2, Township 114, Range 22, Scoff County, Minnesota and that part of the Southeast Quarter of the Southeast Quarter of Section 3, Township 114, Range 22, Scott County, Minnesota and that part of Government Lot 1, in said Section 3, described as follows: Beginning at a point on the west line of said West Half of the Southwest Quarter distant 990.50 feet northerly of the southwest corner; thence easterly at right angles to said west line a distance of 150.78 feet; thence northerly parallel with said west line a distance of 550.00 feet; thence westerly to the angel point on the easterly line of Lot 9, Block 1, WILLOWS SIXTH 4. ADDITION, Scoff County, Minnesota; thence southerly, westerly and southerly along the east line of said WILLOWS SIXTH ADDITION to its intersection with the north line of the south 390.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 3; thence easterly along said north line to the east line of the west 820.00 feet of said Southeast Quarter of the Southeast Quarter; thence northeasterly to the point of beginning. Containing 29.94 acres. Ownershi_o/Develo_oer The applicant/fee owner of the parcel is the Simpkins Estate. The developer and contract purchaser of this parcel and proposal is the Westbury Development Corporation. Upon satisfactory approval of this Comprehensive plan and rezoning amendment Westbury Development Corporation will become the fee owner of the parcel. History_ of the Westbury Ponds Parcel Pre 1981 Jul. 20, 1981 Aug. 1, 1985 Original 1980 Guide Plan Classification indicates a medium density for the entire parcel. The density as suggested by the Comprehensive Plan ranges from 4 to 8 units per acre. The original zoning for the parcel is R-l, Iow density residential, at 0-4 units per acre. Prior Lake City Council adopts resolution to rezone approximately 64 acres of land from R-1 Iow density to a combination of 13-3 General Business (with contract agreements to greatly limit uses) and R-3 high density residential of up to 16 units per acre. Additionally, a request to amend the Comprehensive plan was not approved to change the designation from medium density residential to high density residential. Prior lake City Council adopts resolution to vacate Dreyfus and rededicate as Willows lane with new alignment. Willows 4th and 5th additions compressive plan and rezone to R-1 Iow density residential (west of Willows Lane). East of Willows Lane (west side of this, subject parcel) down zone from R-3 to R-1 Single family residential. Minor comp. plan amendment (under 40 acres) to reflect down zoning change. o GENERAL SITE ANALYSIS Topography of the site is generally sloping from highway 13 north, and draining is into a Type III wetland on the north end of the site. Most of the slopes on the site are within 0%-6%. However, on the northeast corner of the site behind the school and extending on to the school property, slopes increase in severity to 50%. Vegetation on the site is primarily cultivated row crop fields. The soils range from sand loam to silty clay loam and pockets of silty clay. There are two DNR wetlands on the north end of the site the combined size is approximately 7.68 acres. These wetland drain to the east and then into Prior Lake. The down stream drainage area is presently under study by the City of Prior Lake to determine storage capacities, flow rate, runoff intensity, etc. These wetland are a valuable resource to only as a water shed to increase water quality of down stream Prior Lake, but also to the surrounding neighborhoods and the school as an open space amenity. Surrounding Land Use/Zoning The present zoning of this parcel is R-3 high density residential and B-3 "contract agreed" B-3 General Business. The parcel immediately to the west as previously mentioned has been down zoned to R-1 Iow density residential and has single family home built on it. The wetlands to the North are zone C-1...conservation district. Five elementary School in the north east corner is also zoned C-1 and is a permissible use in the C-1 district. The land southeast of the site between highway 13 and the this parcel is zoned, and partially built out with town houses. Shore Line Management District The most northwesterly corner of the site may by within the 1000 foot setback of the OHWL of Prior Lake. However, at the time of this write that line has not been determined. Existing Trans_oortation Systems This parcel is bounded on the south side by approximately 1600 feet of State Aid Highway 13. However, additional access to the highway must be limited to the present streets for safety. Traffic and circulation requirements were identified in the Wilson Management Study conducted in 1985. The study was prepared to provide realistic guidelines for the preparation of a plan addressing land use, circulation, and other development considerations. The study identified both short and long term recommendations. The Metropolitan Council categorizes Prior Lake as a free standing community by its separation from the urban center. Additionally, with respect to development, Prior Lake is defined as an automobile oriented community. From the Wilson study: 'Seventy nine percent 79% of the residents must travel toward the urban centers to support a lifestyle hear." Most of the residents of Prior Lake live north of this site resulting in only 29% of the residents passing by. A particular objective should be to place limits on the business strip, particularly on the south end of the City where traffic volumes are reduced. 6. In the Five Hawks Neighborhood County Road 12 or 170th Street is considered a secondary traffic circulation system the most recent count from 1989 reflects approximately 4700 ADT on 170th at 13, and 9200 ADT on 13 Just north of 170th. The Highway 13 Alignment runs diagonal to 170th, and 170th does not line up with the street on the east side of 13. This results in an off set and diagonal not signaled intersection (however traffic counts do not warrant signalization). As an objective is to relieve Highway 13 traffic of as much unnecessary traffic as possible. An alternative roadway can be utilized to link separate neighborhoods. A roadway connection from Willow Lane to Five Hawks Avenue and Five Hawks Elementary School would relieve congestion at the 170th Street and Highway 13 intersection, and link the neighborhoods to the north and west to the school. The site is sen/ed by adequate City water and sanitary sewer in Willow Lane and in Five Hawks Avenue. General Analysis/Conclusion The business clusters along Highway 13: Gateway Center, Town Center, Priordale Mall and McDonalds reflect the zoning and land use intended although they are a collection of unrelated business centers. The subject site was rezone in 1981 from R-1 to R-3 and B-3 which substantially increased the available inventory of high density traffic generators, but these developments did not materialize. In fact a significant change the Five Hawks Neighborhood and part of the original parcel/zoning district is the "down zoning" of the subdivisions on Willow Lane from R-3 high density residential back to the original R-1 Iow density residential in 1985. The most damaging aspect to the B-3 district is the intersection of 170th and Highway 13. If the B-3 were to be developed a substantial change to the acute angles of the intersection will be necessa~7 to create one signalized intersection. ORIGINAL ZO#INGICOMPREHENSIVE PLAN DESIGNATION The pre 1981 z~'ting designated the parcel at R-1 Iow density residential use. Because of the lands gentle slopes, inward aspect (away from highway 13) the Type !11 wetlands, and Five Hawks Elementary School. The 1980 Comprehensive plan designated the site as medium density residential 4-8 units per acre which accommodates the single family zoning. However, the medium density designation would yield 520 multiple units, based on the 1981 site of 65 acres. If the Compreheesive plan were consistent with the zoning at Iow density 0-4 units per acre the yield would be 260 single family units, based on the 1981 65 acre site. After examining the site, a conclusion can be derived that the original zoning took into consideration the natural features of the site, the surrounding existing single family 7. neighborhoods to the west and north, the reduced storm water runoff associated with single family development and the proximity to Five Hawks Elementary School. Single family development has the potential to produce overall lower traffic volumes generated by a site then multi family. EXISTING COMPREHENSIVE PLAN/ZONING CLASSIFICATION The present comprehensive plan designates approximately 60 acres as medium density residential. Which is significantly different from the 1981 rezoning which changed the site to R-3andB-3. This action was adopted by the City of Prior Lake on July 20, 1981, as a result of the petition by Willow Lane Properties, Inc., Thomas L. Steffens, President. The following reasons were used to justify the change in zoning classification: The property is adjacent to highway 13 which would result in a substantial volume of driveby traffic to support general business. "the request for rezoning to commercial designation and R-3 is also based u_oon economic considerations and the past developmental history of Prior Lake" "inordinately large number of single family lots with improvements and utilities in" 4. 'the recent de-regulation of the home mortgage industry and current prevailing high rate of home loan mortgage rates" 5. 'the relative unavailability of home loan mortgage money' 6. "the spiraling cost of single family dwellings" 7. 'the pent-up demand for home ownership; and" 8. "the growing acceptance over the last decade of condominium/townhouse ownership" History has made it clear that these reasons were based in the economics of an individual developer with incorrect reference data. That proposal was not based on sound planning principles of the best use of the site, traffic management, site and neighborhood impact, wetland/runoff impact, and future commercial absorption rate. The 1981 proposal as reflected in the June 22, 1981 City Council minutes would yield 450 town house and condominium units on approximately 35 acres and B1 ,B2, B3 on the full length of Highway 13. The June 15, '81 staff report to Planning Commission noted "if rezoned to R-3 the City would relinquish virtually all of its control over pending development". Additionally, in the same report 'currently the need does not exist for more commercial property in Prior Lake as experienced by the lack of interest in construction in existing commercially zoned property." The planning commission minutes also noted "staff recommended to eliminate the commercial zoning from this proposal". All of these points have illustrated that there was considerable doubt that the 1981 proposal by Willow Properties, Inc. would be the best use for the land. 8. The final rezoning approval was to adopt an average density of 10 units per acre, resulting in a total of 450 town house and condominium units. The final out come of the BI, B2, B3 proposal was a contract zoning agreement limiting permitted B-3 uses, signed in August 1981. PERMITTED USES Eating and Drinking Places accessory to Hotels and Motels Funeral Homes Commercial Recreation Offices and Banks Personal and professional Services CONDmONAL USES Public Buildings Public Utility Buildings Radio and TV Stations Auto sales, Service and Repair Recreation Equipment, Sales, Service and Repair Motor Fuel Stations Retail Eating and Drinking Places Whole Sale Business Animal Clinics Note of Discre_oancy The Comprehensive Plan was not amended in 1981 to bring the Comp. Plan up to date with the above zoning. The reason was stated in the May 21, 1981 Planning Commission Minutes: "He stated that because the Comprehensive Plan is so recent it would be unlikely that an amendment to accommodate the proposal would receive favorable recommendation." PROPOSED REGUIDING AND REZONING OF THE PROPERTY INCLUDING RELATIONSHIP TO DEVELOPMENT CRITERIA The application is to reguide the above mentioned subject parcel, presently designated as medium density residential 4-8 units per acre to the Iow density residential designation. Additionally, this application is to rezone the same area classified as B-3 General Business and R-3 High Density Residential back to the original zoning of R-1 Iow density residential classification. This duel amendment will bring the entire parcel into conforming designations, and the designations will be contiguous with the zoning and use of the land to the west and north across the wetland. To determine the appropriateness of individual categories of land uses, guidelines or criteria must be designed to measure the effects on neighborhoods, pedestrian and vehicular circulation, community facilities, size of developments, boundaries and corresponding zoning classifications. The Low Density Residential boundaries can be defined in several ways: by arterial street or highways, natural boundaries such as wetlands, lakes, ridges and forested areas. Changes in landuse such as schools, or larger parks also define neighborhood boundaries. Within a neighborhood well defined walkways should be established to connect neighborhoods with major public and private neighborhood facilities. Such facilities include schools, parks, 9. transit stops, churches, end convenience shopping. Vehicular circulation should provide e safe and convenient traffic flow were possible. The development must be compatible with the topography and vegetation of the site and area. The community facilities of parks, playgrounds and open spaces can function as a neighborhood identifier or community resource. A maximum lot coverage by buildings should not exceed 15% to 20%. The requirement of City utilities be available to the site to support the development will limit 'leap frog development". This development criteria supports the pre 1981 zoning of R-1 Low Density Residential, and this application of Comprehensive Plan and zoning amendment to Iow Density and R-1. The entire parcel as illustrated in the attached "concept Plan" can support single family housing with a minimum lot size of 10,000 square feet at a density of 0-4 units per acre. The site has adequate public utility services to it with the capacity to support this single family landuse category. The desired pedestrian linkage on this site would be east west to link Five Hawks Elementary School to the Willow Lane neighborhood to the west. The wetland on the north edge of the site is actually 2 wetlands separated by a wooded nob about 400 feet across. This open space functions as a buffer between the school and the Spring Green subdivision. In the future this wetland/open space will not only define the the north edge of this development of "Westbury Ponds, but will be a neighborhood identifier. The school playground defines the northwest boundary and transitions this development to the school building a distance ranging from 250 feet to 600 feet. This plan has an emphasis on convenient and safe vehicular access from Willow Lane to Five Hawks Avenue (discussed later in this narrative). This development is a scale which public transit, school buses, and community trail systems can be applied. The above criteria for single family development establishes that the development relates to most of the terrain and other natural features. The development adequately buffers most adverse impacts of external effects. To support this point, the northeast corner of the site has sever slopes. Intense pedestrian and vehicular use should be restricted from this area. During the development stage of the project a berm and plant screen can be established to enhance the buffering between highway 13 and the lots. Additionally, deeper lots are designated in this area to add an element of distance to more effectively transition and buffer the highway. 10. DESCRIPTION OF PROPOSED SINGLE FAMILY PLAN Shown on the'concept plan' for Westbury Ponds as submitted as part of this application for informal review. The proposed single family subdivision of Westbury Ponds consists of 120 single family lots. The minimum lot size permissible by R.1 zoning is 10,000 with 80 foot wide lots at the setback line. in the concept plan the lot and street configuration generally conforms to the natural topography and constraints of the wetlands. The internal street system is generally a loop system of parallel curved streets. The major consideration of the street system is the direct link between willows Lane and Five Hawks Avenue. This is through street with a minimum number of lots fronting on it. The total site is 59.80 acres including wetlands. The wetlands =13.53 acres, resulting in a developable site of 46.27 aces. This concept plan has 120 single family lots with a gross unit density of 2.00 units per acre. The net density is calculated using the total site area minus the wetland and right of way area, resulting in 36.56 acres or 3.28 units per acre net. EFFECTS OF PROPOSED SINGLE FAMILY VERSUS R-3 AND B-3 DESIGNATIONS ON SURROUNDING PROPERTY Storm Water runoff As shown on the 1981 concept plan, (attached) the scenario would make use of massive condominium and apartment complexes, townhouse development and business developments. Although, the zoning ordinance restricts these developments to 30% building coverage, these developments have a much higher impervious ratio associated with them. The impervious areas are large parking lots, retaining walls, massive roof areas, and sidewalks. Conservatively, the impervious surface area will be 50% at a minimum with the potential for 60% to 80% impervious area. Although, large green areas can be associated with tall condos and apartments, generally the taller the buildings the high the cost ratio. With this in mind and generally the inappropriateness of very tall residential units in fringe development areas, one can expect Iow spread out buildings with minimal green space associated with the 1981 plan. Consequently, the runoff from the 1981 plan would dramatically increase the impact on the wetland and increase the net volume and rate of storm water runoff on down steam facilities. Conversely, the single family development would have less Impact on the wetland in terms of volume and rate of storm water runoff, and reduce the down stream impact. The siltation and non point pollution would be reduced as a direct effect of a reduced impervious area. The zoning ordinance limits the building coverage to 18% additional impervious areas of driveways and patios may increase the impervious areas to a total of 25% of the lot size. The green space between each house would reduce the direct runoff into the storm system. 11. The Visual environment would be greatly impacted by any large condo/apartment town house complex from all angles. The greatest visual impact would be on highway 13 and to the elementary school. All the land to the west and north of this area is single family residential. There would be no visual barriers across the wetland and to the back yards of the homes on Willow Lane to screen the structures associated with R-3 and B-3. In the B-3 district good design standards and policies would prevail resulting in building facades of brick and glass. But the B-3 buildings would be oriented to highway 13 on the highest point of the site. The building could be as tall as 40 feet above the ground. The rear of such buildings are usually concrete block, service doors, truck parking and loading areas, and trash receptacles. These area would be exposed to the school and all the surrounding neighborhoods to the north and west. Landscape screening would be possible in this area. However, the plantings would by place on the lowest area of the site and provide limited functional use. Additionally, it would take pine trees 15 to 20 years to grow to sufficient height to screen the B-3 use from the surrounding neighborhoods. The reguiding and rezoning of this area to Low Density Residential and R-1 designation would allow a homogeneous use of the wetland edges and surrounding landuses of single family to the west and north. The R-1 use would also result in a Iow impact on the elementary school to the east. Several lots in the Westbury Ponds concept back up to highway 13. Additional depth has been provided for these lots. This increased depth will provide sufficient area to construct a berm (a solid visual and noise buffer) and install plant screening. EFFECTS ON LOCAL COMMUNITY T.RANSPORTATION SYSTEMS Regardless of the land use type associated with this parcel, the intersection at highway 13 and 170th remains diagonal and offset. Although, a traffic study was not prepared as part of the 1981 proposal (nor with this application of Westbury Ponds) The attached trip assessment was generated to indicate the relational impact on the surrounding street systems of the assumed uses. The assumed used were based on the 1981 landuse concept vs. the 120 lot single family Westbury Ponds concept. Average Daily Trips (ADT) were computed using recommendations by the Trio Generation Manual. Institute of TransDortation Encjineeril~g 4th Edition. 1987. 12. Trip Generation Rates The following assumed land uses are based on typical building sizes and permitted and conditional uses of the zoning agreement. WILLOW PROPERTY SCENERIO 1981 TRIP GENERATION STUDY R.P.SMITH #g2-1008 ASSUMPTIONS: 1. Typical trip generation rates per Trip Generation Manual, Institute of Transportation Engineers, 4th Addition,1987. 2. Mi~i Golf trip generation rates based on 20 tripslhour for 10 hours/day (25% p.m. peak hours). 3. T~ip generation rates shown do not reflect existing background traffic on Highway 13, Willows Lane 170th st.and Five Hawks Ave. 4. Motel trip generation rate based on 65 rooms at 80% occupancy= 52 rooms occupied. 5. Town house and Condo based on 450 units total minus 120 Apartment units - 330 6. Apartments based on 4, 3 story units of 30 units each = 120 units AVE. WEEKDAY P.M, AVE. WEEKDAY PEAK HOURS/ AVG. WEEKDAY LAND USE BLDG, SQ.FT. TRIPSI1000 S,F. 1000 S,F. TRIPS AVE. WEEKDAY P.M. PEAK HOURTRIP$ Gas/Convenience 1,750 887 71 1,552 124 Mini-Golf 200 212 Drug/Liquor Store 14,400 95 9 1,368 130 Bank w/Drive-In 6,200 291 38 1,804 236 Day Cam 4,200 67 12 281 50 Family Restaurant 4,800 201 44 965 211 Motel 52 occupied 10 0.6 520 31 SUBTOTAL 6,6 9 0 9 9 4 Tovmhouse/Condominlum 330 6 O. 5 1,980 165 Apartment 120 6 1 720 120 SUBTOTAL 2,7 0 0 26 $ TOTAL 9,3 9 0 I ,2 7 g WESTBURY PONDS t992 Single family 120 10 I 1,200 t 20 The trip generation types shown do not reflect existing background traffic on Highway 13, Willow Lane, 170th Street and Five Hawks Avenue. The most current traffic counts available for highway 13 and 170th are from 1989. 170th Street just west of highway 13 has a traffic count of 4,700 ADT and on highway 13 between 170th and Five Hawks Avenue is 9,700 ADT. The above B.3 trip assessment study shows 6,690 ADT as a result of the B-3 zoning. The 1 981 design illustrates all the B-3 traffic accessing onto Highway 13. The townhouse/condominium and apartment site would generate approximately 2,700ADT. Virtually all of theR-3 residential 2,700 ADT would flow to 170th Street and eventually on to highway 13 at the diagonal intersection.The resulting traffic on 170th combining the background and R-3 traffic has the potential of reaching 7,400 ADT. 13. After evaluating directional destination approximately 80% of the R-3 traffic would turn north adding to the back ground Highway 13 and B-3 traffic between 170th and Five Hawks Avenue. This approximate resulting ADT would be 18,550 ADT. The street intersection design that presently exists at 170th and highway 13 would not accommodate such a traffic rate. If the 1981 scenario were persued a radical and very costly rerouting of 170ffi Street to Five Hawks Avenue would be necessary (frontage road). 13 Business Str'_~ A study of the highway "13 Business Strip" was formulated in the late 1980's. That study addressed the concerns and appropriateness of the Bo3 district and to some extent the R-3 district in addition to the entire highway 13 business strip. The attached sketch labeled 13 business ~;triD is a possible scenario to reroute streets to form frontage roads, contiguous through intersections, and signalization. The cost to implement only this intersection and street change was estimated at nearly $700,000.00 dollars in 1986 dollars. The only reason to add a frontage road and signalization is to accommodate extensive increase in ADT due to the 1981 design concept. As stated in the "13 Business Strip" report "The other link removed from the proposed circulation system lies northwest of Highway 13 between 170th Street and Duluth Avenue. The need for this has been reduced by the land use change proposed adjoining Five Hawks School. Because additional business use is not recommended, a frontage road becomes less important particularly when several residential properties could be put unnecessarily at risk." Westbury. Ponds After evaluating the Westbury Ponds trip assessment study the site would generate approximately 1,200 ADT total. The expected distribution of the Westbury Ponds traffic would be approximately 70% to Five Hawks and 25 % to Willow Lane. 70% or 840 ADT will pass through the intersection of Five Hawks Avenue and Highway 13. Five Hawks Avenue is a single family neighborhood with an elementary school and and church. 840 ADT will not hinder the present intersection flow at Five Hawks. Additionally, 170th at highway 13 will not require a reconfiguration or signalization. 14. WASTE WATER FLOW ANALYSIS The purpose of this section is to estimate and compare the reserve capacity wastewater discharge that would result In the development of the site at the expanded medium density residential land use and the proposed Low density residential land use Prior Lake Sanitary_ Sewer Calculations The Prior Lake Comprehensive Sanitary Sewer Policy Plan was used to estimate the anticipated wastewater flows for the land use type of Medium Density Residential and Low Density Residential. The following flows were determined by applying unit flow rates to each land use category: ~ Persons oer urlit .~ Gu~ Units/Ac GCD GUD Med. Den. Resid'l 2.9 85 247 10,0 Low Den. Resid'l 2.9 85 247 2,0 The City of Prior Lake's Comprehensive Guide Plan indicates that areas guided Medium Density Residential have a recommended density of 4-8 units per acre. Rather than using a general unit density, these calculations are based on the actual number of units per acre approved in 1981 for this site of 10 units per acre or a total of 450 units. Additionally, The Low Density Residential has a Comprehensive Guide plan recommendation of 0-4 units per acre. Once again, rather then estimating the units per acre, the Iow density calculation for this is based on the proposed density for this site. The total units proposed for this site is 120 single family lots at a gross density of 2.00 units per ace. The net density (the total site area minus the right of ways and wetlands) is 3.28 units per acre. Therefore, the total estimated flow for the 1981 concept would be: 450 units x 247 GUD = 111.150 gallons Der day Therefore, the total estimated flow for the WESTBURY PONDS CONCEPT: 120 units x 247 GUD = 29.640 gallons Der day MWCC FLOW ANALYSIS This section is based on the ordinance adopted by the Metropolitan Waste Control Commission, MWCC, Reserve Capacity Charge Manual revised in 1992. The MWCC has developed Service Availability Charge SAC criteria based upon the potential discharge of 274 gallons of wastewater 15. flow to the Metropolitan discharge system per day. Single family houses, townhouses/condominiums and duplex units each comprise one SAC unit. The number of SAC units for other uses are determined based upon their estimated daily wastewater flow. The commission has developed standard criteria for determining SAC units for various business, commercial, and industrial facilities. This criteria is based upon recommendation and standards developed by the Minnesota Department of Health, The state Building Code, and the U.S. Department of Health and Welfare. These recommendations are supported by actual flow data from similar facilities in the Metropolitan area. * One sac unit equals 274 gallons of wastewater per day. * One Single family unit equals one SAC unit. Two motels moms equal 1 SAC unit. Full service family restaurant: 8 seats equal one SAC unit. * Retail... Drug store Liquor store every 3,000 square feet equal I SAC unit. * Convenience store every 3,000 square feet equals 1 SAC unit. * Bank w/Drive-in window every 2,400 square feet equals one SAC unit. * Mini golf equals 3 SAC units. * Daycare facility every 14 children equals 1 SAC unit. The 1981 B-3 scenario approved several land uses. The above uses are generally permitted or conditionally permitted in this area. These uses are the same as identified in the trip assessment section of this narrative. SAC CALCULATIONS R.P.SMITH #92-1008 WILLOW PROPERTY SCENERIO 1981 SAC UNIT SAC UNITS CALCULATED LAND USE BLDG. SQ.FT. PARAMETERS BASES SAC UNITS Gas/Convenience ' 1,750 3,000 1 0.58 Mini-Golf 3 3.00 DruglLIquor Store 14,400 3,000 1 4.80 Bank wlDrlve-ln 6,200 2,400 1 2.60 DayCare 4200(50 kids) 14 children 1 3.60 Family Restaurant 1800(175 seats: 8 seats I 21.90 Motel 65 rooms 2 rooms 1 32.50 SUBTOTAL 68.9 S TownhouselCondominlum Apartment SUBTOTAL 450 I/U 1 TOTAL 6 9 WESTBURY PONDS 1992 Single family 120 11U 1 GALLONS/£ (2741SA¢ 159 822 1,315 712 986 6,001 8,905 18,901 111,150 11t,15(~ 130,051 29,640 In reviewing the projected wastewater flows it should be noted that the proposed single family development of WESTBURY PONDS would significantly reduce the amount of wastewater flow to the Metropolitan Disposal Facility. The reduction would by approximately 100,411 gallons per day. MERIT BEYOND THE INTERESTS OF THE DEVELOPER In 1981 when the zoning was changed from R-1 to R-3 and B-3 a grand scheme to increase the residential and business climate of Prior Lake was proposed. But, today the reality of the intense development illustrated the resulting high traffic impact in the intersection of 170th Street and highway 13. Because of the stronger environmental legislation and better storm water management, high impervious districts are difficult to manage. As development increases in the metropolitan area the MWCC is constantly searching for ways to manage flows and treatment facilities and better serve the residence of the Twin Cities This proposal of WESTBURY PONDS will reduce the flow rate or atleast give the city of Prior Lake the ability to reallocate some of the flow to other or new proposals. HIGHEST AND BEST USE OF THE[ SITE As illustrated in the attached narrative and graphics, the original zoning of R-1 for this area was Low Density Residential for good planning reasons of site restrictions due to wetlands, transportation issues, wetlands, utility capacities and soil constraints. The land was rezoned in 1981 to R-3 and B-3, but the need for this highly intense Landuse did not nor still, does not exist. Because of the restrictive nature of the Metropolitan Council, MWCC, Highway Department, and possible the metropolitan Service Area (MUSA) all land for residential use is rapidly running short. This area is now ready for development as single family residential use. The proposed single family use is similar to the uses surrounding to the west, north and to the northeast beyond Five Hawks Elementary School. The transportation issues are obvious. If the site were to remain B-3 and R-3 uses the surrounding street systems would require extensive modification at the intersection of 170th Street and Highway 13. If the site were to be reguided and rezoned to Low density Residential and R-1 WESTBURY PONDS as proposed would create a loop street system connecting The Willow Lane Neighborhoods to Five Hawks Avenue without creating the need to enter on to Highway 13. The reguiding and rezoning of this land will bring the landuse into conformity with the several neighborhoods that have remained from years before. 17. ;,.,4. -.., <.--~..~-' . .'. "' . :. '/ .- '..~....'.;:..., / ,'. x~- : ! :, ' " '-..-' ": ' ".. , , . !x ~ '',. ' ' ; :. "- ..... -'-%, ' ' X' "~" ' "'"" : ...... ' '" l'i'x.:,:': ¥.. _?;;:..', \',. !: ; .; ". ~ "'-. : ". ~ :'\' x-.'. ';:'/: ' /' ,' -" . i.:'i'.:.' × ~. :~.\:?,~..I .."7; '..Ys i:: il;' ':: :' ,' · '~: ....... "\" ~'1.:: 'ti . 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'.,, · 'l:'.i ..';-' ¢;~ I ", ." ,' -' / ":',,'.., ,', ' , · /'I;; : ,;;./.-,-~, I, ,: ,, ,: .,' .~..;';-.:'.:::;.'.,::~: ',', :, ~ '. . ,' './.-' :~ ..~ · ' , ,'...-¢.o::-;--' ........ '! : ', :,. ',. · I ' -.'/,' ."~,.-"'" .' ; ' '/'' · -' --'--~--'~- ; ' · · '~:. .',.~ -. ~, ; ,, ' · .'.' -'~ ~'... ---....' ,...'-.. x. ,:..':/< . L., .,, , ,, \ ~,, I.,, i J- i :l Ill I 1J 1 ] Il -: :II] ll~,~:::J::,::h,.,::.,i::i!~J: 1:. t] !~lJ ~ Ii ,l}Jl.:, ~l.ilLh, ,J:li.:ilil.:ll:l,J J. iii:: I: ::]':]:Il' : · . . ::: l l~ :l - :j, -} ,-:-: :-,:: .: -I-::II,:.,,, :l J:-lJ] lI . ,I !ijjj Il' ii: :!1~, Il:. [JlJL'ji' :il Jl ~],: Jii'i]ii]i[fi']:'i Iii J. SUBJECT: APPLICANT: PRESENTER: PUBLIC HEARING: DATE: PLANNING REPORT COMPREHENSIVE PLAN AMENDMENT AND REZONING WESTBURY DEVELOPMENT CORPORATION HORST W. GRASER, DIRECTOR OF PLANNING X YES NO A0~UST 6, 1992 SITE ANALYSIS INTRODUCTION: Westbury Development Corporation has submitted an application for a Comprehensive Plan Amendment and Rezoning for approximately 60 acres of vacant land in the Five Hawks neighborhood (see attached maps for location). The 1981 Comprehensive Plan designates the subject site as medium density residential with some natural open space in the northeast corner of the site. The zoning of the subject site is a combination of C-i, R-3, and B-3, which is inconsistent with the comprehensive plan. The applicant has actively summarized the facts and issues in the application (attached). The objective of the applicant is to obtain the necessary amendments and develo~ a single family neighborhood. A concept subdivision plan is attached for purposes of reference only. Any discussion relative to subdivision design should be deferred until the appropriate hearing has been scheduled. HISTORY/BACKGROUND: The 1981 Comprehensive Plan designated the subject site to medium density residential as well as other vacant properties in the Five Hawks and Spring Lake Willows neighborhoods. In 1981, the Council rezoned the subject site to R-3 and B-3 (its current zoning). The B-3 zone was modified via a contract with the applicant and City. Development plans for the site were prepared, however, the developer grossly misread the market for R-3 and B-3 land and eventually went bankrupt leaving behind a development plan that had little or no market and poorly designed. The property had been assessed and was accruing assessments and taxes which are now 7 or 8 years delinquent. The 1981 Comprehensive Plan is a document that is generally vague, lacks direction, and is outdated. Although the document containz the required elements of long range planning, it lacks the detail and ~pecificity needed to guide development. A copy of the 1981 plan is attached which describes the Five Hawks neighborhood. EXHIBIT E 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PHYSIOGRAPHY: The composition of the property can be distinguished by two soil categories. About 13 acres of marsh (DNR Type III Wetland) form the northern border and gently sloping clay and loam encompass the remainder of the site. Some steep slopes are present in the transition area between the two categories. Considerable overstory forms a vegetative ring around the marsh. The remaining 47 acres are being cropped. ADJACENT USES: The subject site is the largest vacant property in the Five Hawks neighborhood and along the STH 13 strip. This large remnant property borders a variety of different land uses leaving one with the thought of a multiple use development. The site borders STH 13 on the south by about 1600 feet. Five Hawks Elementary School forms the east border. A 13 acre wetland is the northern border with single family detached homes to the east of the site. A single use development will require sensitive innovative ideas to respect and mitigate the positive and negative aspects of adjacent uses. PLANNING CONSIDERATIONS Every no~ and then opportunities appear that will resolve major land use issues. This is one of those opportunities. It is highly unlikely that the subject site with its current zoning, subdivision requirements, contract zone, and size is developable in the near future. The market for R-3 land in Prior Lake is almost non-existent at the present time. There are about 30 acres of R-3 zoning on the site that can generate a total of 420 units. Altogether there are only 340 apartment units in all of Prior Lake. The market for attached single family units is equally flat and is expected to remain flat. It is doubtful that the 16 acres of restricted B-3 zone along STH 13 will find a market in the next 10 to 20 years. It is highly likely that the County Road 83 corridor will develop into community identifying gaming and recreational land uses with supportive commercial. The street system, intersections and parks currently in place to support the existing zoning are inadequate and would require substantial upgrading to accommodate demand. The systems impact of a low density development is consistent with the infrastructure already in place and would not ~lace pressure on the community to prematurely fund improvements. Prior Lake's current Comprehensive Plan Draft calls for the subject site to be designated medium density residential which does permit both single and two family development at a reduced lot size. The proposed designation is in part reflective of the difficulty in downzoning. A low density designation is totally consistent with the neighborhood and the level of infrastructure. The effects of downzoning have been analyzed by the applicant on pages 11-14 of the application. Attached to this report are several pages taken from the draft Comprehensive Plan which reflect community goal~ and objectives. In addition, greater detail is provided translating the general goals and objectives into specific design criteria. The applicant has been furnished with these pages to aid in the design and development of the site. RECOMMENDATION: Low density development is clearly the choice to complete the development of the Five Hawks neighborhood. The residential development between STH 13 and Prior Lake is predominantly single family. It is prudent to continue this predominant pattern rather than continue to plan for densities that have no market share and are unpopular with neighborhood residents. Also Prior Lake's supply of R-3 zoned and B-3 zoned is sufficient to meet the needs of the next 10-15 years. The Zoning Code should be amended to reflect the change in land use designation to be consistent with the Comprehensive Plan. It should be noted that the approximate 13 acres of marsh will remain as C-1 Conservation Zoning. 1981 ~MP~$IVE PLAN high school which aze situated on adjoining sites. The neighborhood also includes a large scale planned unit develolm~ent, which was given preliminary approval but to date has had no develol=nent activity. Tais K~)has the potential to be a rather good example of housing diversity, ccn~ercial services and open space arranged to protect existing land forms within one neighborhood. With 160 acres to develop, densities may be transferred away fr~m steep slopes and land with unstable soils to more regular sites which will include several apart:uent buildings and rehouses. The pro~ neighborhood c~,~,ercial center is likely to provide service to adjoining neighborhoods as well. The southern portion of this neigh~rbood, including the proposed Greerbriar PUD is currently in agricultural production. These agricultural areas represent more than 50% of the neighborhood land area. Markley Neighborhood can therefore accommodate a significant portion of community growth over the next 20 years. It has a holding capacity of approximately 2,100 people. Because the neighborhood is situated inmediately ~orth of the only existing industrial development in Prior Lake, it could offer opportunities for Iow and moderate cost housing. Medium density development is rec~w,ended along County Road 12. Like Markley, South. Neighborhood is approximately 50% developed. When developed, the re~aining agricu/tural land cou/d provide housing diversity by including low and moderate incase opportunities as well as sa~e high density areas. The recommended high density areas include land bounded by Highway 13, Franklin Trail and Credit River Road plus a relatively s~all area southeast of Brooksville Center. Already, approximately 20% of the residential land is designated within the highest density residential zoning category. Of this approximately one third has been developed. South neighborhood is unique among the proposed residential areas in Prior Lake, in that it is close to a variety of employment centers. It adjoins the Downto~l area in the northwest corner, Brooksville Center in the southwest corner and the only developed industrial land in the southeast corner. The residential holding capacity exceeds 1,900 people. The City has purchased a large recreation area of approximately 70 acres i~m~ediately to the south of this neighborhood. Ten ball fields will be constr~cted as soon as access problens have been overcome. The boundaries are formed by State Highway 13 to the south and east, Prior Lake and Simpkins Marsh t:o the north and the west line of Section TWo to the west. Named for the Five Hawks Elementary School, the neighborhood is a geographic area which has no interior circulation syst~ linking its scattered subdivisions. The lake frontage was developed many y~ars ago and currently includes many seasonal cabins. While many w~re converted to year around use, those that remtin ~m]J~proved should be replaced since they do not provide adequate shelter. The subdivision away from the lake represent much more recent development and conta/n no serious deterioration. Because the elementary school site is so large, the neighborhood will not need additional open space. However, saae form ~f a joint powers agreement must be adopted which provides for recreation use unrelated to school activity. The neighborhood also is conveniently located to a full range of shopping facilities. Medi~ density housing is reccmme~ throughout the neighborhood. DR FI' 4. The business district should be u~graded to a neighborhood center that provmdes good pedestrian and traffic circulation. Future platting should eliminate the driveway access to S.T.H. 13 and the non-conforming uses should be reDlaced with permitted uses in the district. Landscaping, paved parking lots, sidewalks, and good design of buildings should be implemented in this business district. At the time that the vacant 22 acres south of 170th Street develops, a local road should be planned that connects 170th Street to S.T.H. 13. In addition, a frontage road connecting 170th Street to Five Hawks Avenue through the "Simpkins" property, is recommended as part of the ring road system. The intersection of C.R. 81 and S.T.H. 13 is identified as a location for a major City entry monument. Five Hawks: Five Hawks Planning District is bounded on the west by housing adjacent to Willow Lane, the south by Highway 13, and the north by C. R. 21. This District consists of approximately 380 acres and is 80% developed at density ranging from 2.5 to 18 units per acre. Five Hawks can best be characterized as a transitional and active neighborhood between the low density Willow Lane area and high density C. R. 21 area. Several east-west oriented marshes and wetlands divide this District approximately in half. These marshes and wetlands help filter runoff before~t enters Prior Lake. However, these features inhibit traffic movements within the neighborhoods and into other neighborhoods. To the north of the natural features is residential development in the 5 to 7 units per acre range which does not conform to the current zoning standards. The land to the south is characterized by recent development and vacant land. This neighborhood has about one mile of lakeshore, unfortunately no public access points exist for its residents. The Five Hawks Planning District received its name from effigy mounds located in the vicinity of Five Hawks Elementary School. Unfortunately, this early. Indian artifact was destroyed by development and grading mn the area. The Willows neighborhood park and C. R. 21 trails are the only public spaces in this neighborhood that have a potential population of 1800 people. McWlllies Restaurant/Bar/Marina on Green Heights Trail, is one of only two commercial establishments remaining on Prior Lake. It is an important part of the lake recreation environment and community heritage: It currently operates under a conditional use permit with limited expansion potential. The property to the south and west of Five Hawks School is and currently .designated medium density residential in the Year 2000 Comprehensive Plan. However, approximately 10 of the 50 vacant acres are zoned B-3 commercial and the remaining land is zoned R-3. The common district boundary line between residential and commercial was arbitrarily established thereby resulting in a difficult platting process unless the PUD format is utilized. Prior Lake should take action to rezone this acreage to be consistent with the comprehensive plan of medium density residential. An inappropriate island of medium density exists directly south of McWillies. This medium density zone consists of about 2.5 acres with tremendous development constraints. The area around this site is all zoned R-1 and developed with single family homes. The site should reflect single family development opportunities to be consistent with the immediate area. A vacant residential site consisting of about 2 acres directly southeast of the intersection of West Avenue and County Road 21 should also be down zoned to R-2 medium residential densxty to reflect the character of the area and the current comprehensive plan. Traffic circulation in this Planning District needs to be improved. A high prio{ity should be assigned to the completion of Five Hawks Avenue to improve the circulation and connect the north and south halves of this neighborhood. 170th Street should be extended to Five Hawks Avenue. The intersection of Five Hawks Avenue and S.T.H. 13 should eventually be signalized. It is possible that the current intersection of 170th Street and S.T.H. 13 will be limited to a right-in/right-out movement. The City has initiated a study to review alternatives for this intersection. Birch Avenue in the north half of the Planning District still has a gravel section which should be improved to a bituminous surface. Two commercial nodes are included in this Planning District. A ?ortion of the Town Center located directly south of the xntersection of S.T.H. 13 and C. R. 21. The other node consists of the post office, bank, and lumber yard directly south of the intersectxon of Anna Trail and S.T.H. 13. The downtown node is a highly visible and accessible area. Development includes a mix of new and old with little or no continuity in design and general character. Increasing traffic and control devices on S.T.H. and C. R. 21 will further isolate this node from other business nodes in the community unless improvements in circulation and design are made to Duluth and Main Avenue. The commercial node at Anna Trail and S.T.H. 13 is totally orientated to the automobile. The businesses in this area should consider sidewalk improvemen~ permitting pedestrian traffic between them. Duluth Avenue which provides local access to this node has been identified as a critical part of the ring road system tying this node, Town Center and the Priordale business dxstrict together. The City Capital Improvement Program indicates that Duluth Avenue will be improved with new street, curb and gutter, sidewalk and bike path. This improvement will greatly enhance accessibility between the three business centers and adjacent neighborhoods. The priyate sector should be encouraged to provide pedestrian access via sidewalks to the Anna Trail and Priordale businesses to take full advantage of the public improvements anticipated for Duluth Avenue. 3O DISTRICT OBJECTIVES: The City of Prior Lake should initiate rezoning changes for the Simpkin's property (vacant 50 acres southwest of Five Hawks School) to R-2 residential and the vacant site south of McWillies Restaurant to R-1 residential· A trail system should be established along natural features and roadways to provide bicycle links throughout the District. the District's pedestrian and A neighborhood park should be established in the north half of the Planning District, perhaps utilizing the Outlot adjacent to Green Heights Trail and Dutch Avenue or the City property located on Cares Street. The completion of Five Hawks Avenue should be established in the Capital Improvement Program as a high priority in order to improve north-south vehicular movements and the main entrance to this neighborhood from S.T.H. 13. New residential land uses along S.T.H. 13 shall use design elements such as deeper lots, planted berms, fencing, and tree cover to buffer the negative influence of S.T.H. 13. The lumber yard north of Anna Trail is currently designated B-2 commercial which is a zone reflective of Town Center. A zoning change to B-3 highway con%mercial should be initiated by the City of Prior Lake. The improvement of Duluth Avenue with bike trails and sidewalks to provide a pedestrian link between the three business centers of Town Center, Anna Trail and Priordale, should be completed to implement the ring road system. Lakefront: The Lakefront Planning District is clustered around Lakefront Park and Town Center. It includes a major portion of the Town Center and is bordered on the southwest by C.R. 21, the southeast by S.T.H. 13 and the north by the lake of Prior Lake. Without using S.T.H. 13, the only way to get from one part of the ne%ghborho~ to the other is through the Park. One primary ob]ective of all recent planning studies has been to take better advantage of the proximity of Lakefront Park to the Town Center· The City has created a tax increment district within the downtown and developed a land USe plan which identifies the block by block transition from business and governmental uses to apartment construction and to single family lots. This 375 acre P%anning District has been developed at a density averaging considerably less than 2 units per acre· Most of the available land has been developed except where slopes are steep 31 GENERAL PARK POLICIES: Park location within developments should be centrally located in order to equally serve the entire neighborhood· Where subdivisions or PUD's are less than 40 acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments· When development occurs adjacent to school sites, an objective of the Parks and Recreation Plan is to provide a land dedication that can be combined with the school open space. The slope, topography and geology of a dedicated well as its surroundmngs, must be suitable for its purposes. site, as intended Grading on sites dedicated for park and recreational uses shall not differ greatly from surrounding land. Where the Comprehensive Plan or the standards of the city call for a larger amount of park and recreational land or development than the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchase by the city, as outlined within an option agreement setting forth the terms of purchase. If the site to be dedicated for park land is too small to be practical, or is inappropriate for park and recreational purposes, the city shall require the developer to pay a cash contribution in lieu of the land dedication required· An objective of the Park and Open Space Plan is that street frontage to neighborhood parks consist of the entire length of the park on two of its sides to: Provide better visibility for passersby and for ~ecurity; allow for on-street parking Sn front of the park, discourage, users f~om cutting through private property to get to the parK; aevelop facilities away from adjacent residential property and to provide more useable space. The City of Prior Lake should acquire scenic easements and or dedications along lakes, ponds and wetland areas. and pedestrian drainage ways, 10. The City's subdivision planting plan requirements should be enhance~ to require developers to plant landscape materials to add ~o the open ~pace character of the community. Some uniformity of planting materials should be established to help create continuity within community neighborhoods. 107 11. The Parks and Recreation Department should continue to improve the coordinated planting/replacement program for all arks and public open space where trees and. vegetation are acking. Particular attention should be paid to upgrading public utility areas by the introduction of "immediate impact providing" landscaping materials. 12. The City of Prior Lake should develop a coordinated street landscaping program which includes pavin~, sidewalks, lighting, waste receptacles, signage and planting areas. Priority should be given to the Town Center and Waterfront Passage areas. 13. The City of Prior Lake should encourage the School and private utility companies to begin a planting which is consistent with the City's program. District program 14. Standards for development of trail, sidewalk and boulevard planting pro,rams should be developed by the City and lnc?rporated Into the appropriate Zoning and Subdivision Ordinances. Specific criteria for trail surface, grading, earth sculpturing, plant material and improvements such as benches, water fountains, waste receptacles, lighting and park signage must be developed by the City if they are ever to be incorporated into future development proposals. 15. The Parks and Recreation Department should adopt a boundary identification policy that establishes minimum standards for park access points and outlines the use of structures such as fences~ landforms, slopes and berms, color, size, shape and lettering type of signage, and the types of plant materials that will provide consistent visual identity for the boundaries of the public parks and open space system. 108 Woodlands District: Wooded areas are an invaluable community resource that provide wildlife habitat and interesting places to live· The uncontrolled spread of development, and increasing demands upon natural resources have had the effect of encroaching upon, despoiling, or eliminating many of the woodland areas of the community. The woodlands, if left in their natural condition, constitute important physical, aesthetic, recreational and economic assets to existing and future residents of Prior Lake. Woodland growth protects the public health through the absorption of air pollutants and contamination, through the reduction of excessive noise, and mental and physical damage related to noise pollution. Also, through its cooling effect in the summer months and tha~ woodlands provide for public safety through the prevention of erosion, siltation and flooding. Trees and woodland growth are an essential component of the general welfare of Prior Lake because of their natural beauty, recreation, and their relationship to the common heritage shared by existing and future residents. Any development within or adjacent to wooded areas requires sensitivity and prudent management in order to protect the integrity and health of the woodland districts within the community· The preservation of woodlands, trees, similar wood vegetation, and related natural resources is a priority for all forms of development. However, no development shall be denied solely on the basis that some trees are growing on the property under consideration· Other factors which demonstrate a public need for woodland preservation must be stated. Development should be conducted so that the maximum number of trees are preserved by the clustering of structures in existing cleared areas and natural clearings, and the use of other site design and grading techniques. Clear. Cutting of natural vegetation is prohibited within the City without prior approval from the City, which authorizes a restoration plan for the vegetation on the site. Development should not reduce the existing crown cover greater than fifty percent and shall be conducted in such a manner as to preserve the understory. Trees use~ in reforestation or. landscaping should be indigenous species which are compatible with the local landscape and not currently under disease epidemic· The relationship of streets, highways, transportation corridors or other development to the woodland area shall be considered, along with alternatives for new transportation routes and for the location of the proposed development. 112 Bluff Districts: Slopes of 20% or greater should not be disturbed and shall be retained as private or public open space. Slopes less than 20% may only be developed when erosion control and vpgetation.restoration can be accomplished as approved by the City of Prior Lake. Exposed slopes shall be protected by established erosion control methods to prevent erosion. Wetlands Districts: It is in the public interest to protect against uncoordinated and unplanned land development which affects marshes, swamps, wetlands, drainage ways, lakes, and watercourses within the City of Prior Lake. Unplanned land development results in loss and damage to public and private improvements through inundation by flood waters and subsequent expensive construction of storm sewers and other public projects. Loss also occurs with the permanent destruction of these natural resources, loss of water retention facilities, open space, and wildlife habitats, and impairment of public and private water supplies· The purpose of the policies in this district are to permit and encourage a coordinated land and water management program and the retention of open land uses which will locate permanent structures and artificial obstructions so as not to obstruct the passage of waters nor destroy the natural public water areas, marshes, and wetlands within the City of Prior Lake. As part of the development process, protected wetland areas should be analyzed by professional consultants to advise alternative methods that will most effectively preserve wildlife habitat and provide water purification and recharge areas for the lakes of Prior Lake. Marsh areas may require preservation in whole or in part and may not be altered without consent of the City of Prior Lake. Filling wetland areas for the sole purpose of creating more lots within a development shall not be allowed, unless consistent with the Wetlands Act of 1991· Dredging water bodies for the purpose of increasing the number of lots in any development shall not be permitted. If land. for recreati?nal purposes, .natural resource preservation and/or publl¢ access oppor~unities within Prior Lake becomes available for acquisition, the City. shall explore options to purchase this land to retain it in its current use or to develop it further for additional recreational opportunities· The City of Prior Lake should establish a minimum setback, (50' is recommended), from the ordinary high water mark of all prorated wetland and ponding areas to serve as a 113 transition zone between the wetland environment and adjacent development. Alterations of topography within the required setback shall be minimized, and the need for such alteration shall be documented in a permit application. Plant materials that provides wildlife habitat are encouraged to be introduced adjacent to wetlands. IMPLEMENTATION STRATEGIES FOR ENVIRONMENTAL DISTRICTS: Establish site development performance standards and criteria for each type of environmental district which indicate minimum acceptable standards for development. This policy should be implemented via adoption of a wetlands, tree, shoreland and wildlife habitat protection ordinances. PUBLIC ACCESS - WATERS AND NATURAL FEATURES: The water and natural environmental resources in Prior Lake are the center and principal attraction of the community. All site development proposals should utilize and promote the intrinsic properties of water resources and natural areas within the community. Developments should provide pedestrian access to these features and Town Center. Both residential and business uses should provide outdoor open space improvements. Site design and landscape should be attractively and carefully planned. There should be continuity of design adjacent to natural features. However, freedom for creative design is encouraged and direct imitation is discouraged. Energy .conservation is encouraged. The combination of solar orientation and waterfront orientation is encouraged. Adverse impacts on neighboring site developmentIs discouraged. PUBLIC ACCESS POLICIES: The citizens of Prior Lake shall be afforded the opportunity to enjoy water and natural resources via public access to prominent neighborhood features. Public access to features within Prior Lake shall consist of physical improvements in the form of any one or a combination of the following: Walkway, bikeway, corridor, viewpoint, park, deck, observation deck, pier, or other areas.serving.as a means of view and/or physical approach to significant site features for the public. Public access may also include, but not be limited to, interpretive centers and displays explaining local historical events or places. The City of Prior Lake shall review the tyDe, design, and location of public access to insure development of a public place meeting the intent of this Comprehensive Plan. The following criteria will be considered in determining what 114 constitutes adequate public access on a specific site. The location of the access on the lot shall be chosen to: A. Maximize the public nature of the access by locating adjacent to other public areas including street-ends, waterways, parks, other public access and connecting trails which are also handicap accessible. B. Maximize views of the water, natural features and sun exposure. C. Minimize intrusion of privacy for both site users and public access users by avoiding locations adjacent to windows and or outdoor private open spaces or by screening or other separation techniques. 4. Public amenities appropriate to the usage of the public access space such as benches, picnic tables, public docks and sufficient public parking to serve the users shall be selected and placed to ensure a usable and comfortable public area..Interpretive features such as displays or special viewing equipment shall be incorporated in public access areas. 5. Regulated public access features may be %imited as to hours of availability and types of activities permitted. However, 24-hour availability is preferable and the access must be available to the public on a regularly scheduled basis. 6. Ail public access point features shall be provided through land dedication, easement, covenant, or similar legal agreement recorded with the Scott County Recorder's Office. 7. A minimum of one public access site should .b? provided for each development pro~ect adjacent to a significant wetland or lake Environmental District unless access standards are met elsewhere as part of a public access plan approved by the City of Prior Lake or public access is not required for the development. 8. The public access area should provide the public with visual and physical access to the shoreline area. Preference will be given to perimeter access which provides maximum exposure to the land and surrounding activity. 9. A public access walkway should be provided along the entire width of the shoreline and along views of the water and prominent natural features. 10. Walking paths must be at ground level, finished with a surface suitable for walk%ng, such as pavers, concrete, or asphalt. Dirt or gravel is not suitable. 115 11. Public access plans should contain the following elements and should incorporate public improvements such as trails and parks within developments: Relationship of proposed access route to transportation systems; relation of access to pathways and adjacent land uses; identification of special opportunities; relation to recreational facilities; proposed slgnage/ lighting, and furniture; safety considerations· VIEWS AND VISTAS: The maintenance of and improvement of views of community lakes wetlands and natural features is a fundamental design element that must be considered for all development proposals. Each parcel of land contains unique natural characteristics such as a knoll, bluff, wooded area or wetland, and all efforts should be made to design neighborhoods, buildings and other structures to accommodate and accentuate the natural elements which give character, identity, and sense of place. The desire to view, walk to and around natural features is a fundamental reason residents choose to live in Prior Lake. For that reason, it is imperative developments be designed to maximize accessibility to, and viewing of, these features. VIEW AND VISTA POLICIES: Unique scenic views of lakes, wetlands, their shorelines and other prominent natural features shall be enhanced, as much as ~ossible, by development sensitive to orientation, spacz~g, placement, and appearance of structures or improvements that are compatible with the natural topography and vegetation. Subdivisions and physical development must be designed to protect the aesthetic characteristics and vistas of the natural resources found on site. Limited development which is sensitive to natural, scenic, or historical resource areas may be permitted. The visual impact of altering the landscape and of new development should be minimized· Development of natural resource districts should be compatible with scenic and natural qualities of the area· Performance standards such as increased lot sizes, lot widths, structure setbacks, and buffer areas should be utilized to implement this policy. Man-made structures should be placed or grouped to complement one another and the natural landscape, provide visual interest, and create a sense of place within the development. Development should demonstrate a concern for view of natural features as well as view from prominept features such as hillsides. Structures may be located an view corridors if the slope of the lot permits full, unobstructed view of the feature. 116 View corridors shall be in the direction of the predominant view of the natural feature and, when topographically possible, generally parallel =o existing view corridors. Public access of some sort, such as pedestrian bike trails, adjacent to natural features will within a subdivision or development area· walkways and be required View towers and grade separated platforms may be used to provide views of water and other natural resources. Interpretive displays explaining what is seen is also an attractive feature. Such viewpoints are considered viable alternatives to trails or paths into certain sites. 117 PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 3 Vote taken signified ayes by Roseth, Wuellner, Arnold, Loftus. MOTION CARRIED. Public Hearing closed at 8:45 P.M. and Recess called at 8:47 P.M. The meeting reconvened at 9:00 P.M. The Public Hearing was called to order at 9:00 P.M. by Chairman Loftus. A sign up sheet was passed to the audience to note the names and addresses of all persons interested in the public hearing. ITEM V-PUBLIC HEARING-REZONING/COMPREHENSIVE PLAN AMENDMENT Robert Smith of R.P.Smith Land Planning Consultants, Inc. 3009 West 70 1/2, Richfield, MN represented the applicant Jim Allen of Westbury Ponds Corporation, 12433 Princeton Avenue, Savage, MN. Mr. Smith stated Mr. Allen is requesting an amendment to the Comprehensive Plan and Rezonin~ for approximately 60 acres of vacant land in the Five Hawks neighborhood. The Comprehensive Plan amendment would be to amend the subject site from medium density to low density residential and downzone from R-3 Multiple Family Residential and B-3 General Business to R-1 Single Family Residential. The intent is to develop the site into a residential development for approximately 120 homes. Deb Garross presented the information as per memo of August 6, 1992 and stressed the fact the application is for an amendment to the Comprehensive Plan and Rezoning of the subject site and not the subdivision of the property. This would be done at a later date. The market for R-3 land is almost non-existent in Prior Lake at the present time. It is doubtful that the 16 acres of restricted B-3 zone along STH 13 will be marketable in the near future. The predicted business opportunities are forecast to be in the County Road 42 and 83 area. The property has been vacant for many years. The adjacent land is residential and the proposal would be consistent with the neighborhood. The area zoned C-1 Conservation would remain as designated. The recommendation from Staff is to approve the amendment from medium density to low density to the Comprehensive Plan and to rezone from R-3 and B-3 acreage to R-1 residential for Westbury Ponds and forward to the City Council. Comments from the public were as follows: Chris Johnson 3784 Pershing St.- questioned why development was proposed on the site and e_x~ressed concern about vehicle and pedestrian traffic impact, wildlife loss, wetland status, and sidewalks. Howard Staska 16651 Willow Lane - expressed concern about increased traffic and questioned whether any of the currently zoned C-1 land was proposed to be changed. EXHIBIT F PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 4 Don Ramm 16811 Willow Lane - expressed concern over traffic, questioned when Five Hawks Road would be completed and he felt that the commercial zone should not be changed. Dan Sram 16828 Willow Lane - felt that the commercial zone should remain and was concerned about increased traffic and speeding. Emmy Schneider 16840 Elm Ave. S.W. - expressed that she was pleased with the downzoning and questioned the number of houses that are proposed by the developer. Richard Bihler 3669 Willow Beach St. S.W. - questioned the proposed subdivision and was concerned about lot density, size of lots, and he felt the commercial zone should be kept for future business opportunity. Tom Schneider 16840 Elm Ave. S.W. - stated that he supported the ~ownzon%ng and connecting roads. However, he suggested Increasing lot sizes and the proposed park. Tom Merchant 16705 Bay Ave. - felt that the too small, he was concerned with lot sizes, commercial zone should remain intact. park designation was and felt that the Comments from the Commissioners were on: Lot sizes, extension of Five Hawks Avenue, slopes, development possibilities, C-1 boundary, positive changes, road connections and request is reasonable. Ms. Garross clarified for the audience that the commercial zone was a "contract zone" with limited business uses, not a true B-3 zone. In addition, the city has identified future commercial sites along County Road 42 and 18, and County Road 42 and 83, where it is felt that better traffic and market opportunities exist for commercial development. Ms. Garross and Mr. Smith were complimented on their presentation of the development project. .Larry And~rson, City Engineer, spoke on the wetland definitions, ]urisdictlon of agencies involved, and Metropolitan Council procedures. MOTION BY ARNOLD, SECOND BY WUELLNER, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF THE AMENDMENT TO THE COMPREHENSIVE PLAN FOR WESTBURY PONDS FROM MEDIUM DENSITY TO LOW DENSITY RESIDENTIAL AND THAT THE ZONING MAP SHOULD BE AMENDED TO REFLECT A REZONING OF THE SITE FROM R-3, MULTI-FAMILY RESIDENTIAL AND B-3 GENERAL BUSINESS TO R-l, SINGLE FAMILY RESIDENTIAL. RATIONALE BEING THAT LOW DENSITY RESIDENTIAL IS CONSISTENT WITH THE NEIGHBORHOOD AND THE LEVEL OF INFRASTRUCTURE AVAILABLE TO THE SITE AND THE ZONING SHOULD BE AMENDED TO REFLECT THE CHANGE IN LAND USE DESIGNATION TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN. PLANNING COMMISSION MEETING MINUTES AUGUST 6, 1992 PAGE 5 Vote taken signified ayes by Arnold, Wuellner, Roseth. MOTION CARRIED. Loftus, and MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Arnold, Roseth, Wuellner, and Loftus. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY WUELLNER, TO ADJOURN THE MEETING. Vote taken signified ayes by Arnold, Wuellner, Loftus, and Roseth. MOTION CARRIED. Meeting adjourned at 10:55 P.M. Tapes of meeting on file at City Hall. Deb Garross Assistant City Planner Rita M. Schewe Recording Secretary PUBLIC HEARING REZONING/COMPREHENSIVE PLAN AMENDMENT AUGUST 6, 1992 9:00 P.M. I I.~+ t~,.,.~,,,,,,~ ~, ,az I I I I I ~ 9¥'7- I I I I I I \ \ \\ LL I il I HIBIT G 0 EXHIBIT H AGENDA ATTAClg~I~IT ~ Augus~ 27,19~2 Dear City Council, ~rior Lake is noised for growth. As you know, a group cf co:.~ne~~ ~itlzens has res~arcke~ mar.5 ~roa~ iss~e.~ concerning this growth. We feel that the issue of im- mediate concern is the increase of our minimum lot size. Our current minimum lot size is: 10,0¢0 sq.f%.area 80ft. width 25ft.setback 10ft.sideyard We propose to increase this to the following, R-IA In a development, the lot size will average 15,000 s~.ft, with a minimum allowable lot 12,500 sq.ft.. This is intendeS"pfimarily fo~.open field areas as.opp6s$8, to environmentally sen§itt~e areas. R-l~ To minimize environmental disruption and to preserve areas with natural amenities (hills, woodlands, etc.) lots will average 20,000 sq.ft., minimum 15,000 sq.ft. Suggested areas may include Pike Lake, the lake areas of Vierling~s property. R-lC In order to maintain the country feeling and to ~reserve unique environmental features (wetlands, wildlife, etc.) areas will be designated "environmentally sensitive area". ?hey will feature large lots (1 1/2 acre minimum) to maintain the integrity ofthe natural design. Suggested areas include Jeffer's property. ~mny of our neighboring communities have already adopZed similar increased standards. They include the cities of Chaska, Chanhassen, Apple Valley, Eagan, Belle Plaine, Inver Grove Heights· (See attached survey,) We request a special workshop date with the council within 30 days to review our research and share other pertinent information. We feel that by combining our resources and ideas together we can continue to build a coamunity of which we are proud. Sincerely. ~ar~anne K~. Whiting Citizen's Forum representative Dave Unmacht City Hall Prior Lake. Dea~ Dave, reco.,me.,,atlon~ from our citizen s grou~ are the ~ ~a ' = ' the lot size standards I am also incl~din£ a the counclil on this issue. 0 Z 0 0 Z~ O~ Z 0 0 0 Z 0 Z 0 I 0oo 000 000 0 Z 0 Z 0 o o o 0 0 0 m Z ~ I -~ I 0 ~0-~ o =o-~ o ~o 0 i ~ o ~Z - 0 I 0 Z o o 0 o-~ o ~"~ ~ 0 ~ o ~0 O~ ~oo OC~ I I I o o 0 0 ,-.1 0 Z I *~0 0.~ ,~0 0 0 010 ~ 0 .4.~ ~0-~ 0 ~ 0 0 0 0 0 ~ 0 0 -~ 03 0 0 0 0 0 0 0 Z 0 -,~ I I 0 0 0 ~- 0 0 .~>n~ 0 ~ ~ ~-~ -~ ~ 0 4-) I 0 ~0-~ 0 0 ~ I.[314 0 0 ,-1 0 0 0 0,~ Z ~ 0 O~ ~ ,~ 0 ~ ~J O.,W 0 o 0 ,-4 AGENDA ITEM: PREPARED BY: SUBJECT: DATE: 8 DAVID UNMACHT, CITY MANAGER CONSIDER SECOND DRAFT OF TERM LIMIT POLICY SEPTEMBER 8, 1992 INTRODUCTION: DISCUSSION: The purpose of this item is to consider the second draft of the Term Limit Policy. On Monday, June 15, 1992 the city Council considered a first draft of the Term Limit Policy. The City Council directed individual committees to review the draft Term Limit Policy and submit comments and recommendations to the city Council. In addition, on July 6, 1992 the city Council extended the terms of individuals who were up for reappointment (please see enclosed agenda report for Monday, July 6, 1992 meeting). The affected committees and commission discussed the Term Limit Policy at their regular meetings. City staff received only one written set of comments (see Planning Commission memo attached for your review). In addition, city staff has not received any informal or formal feedback from members of the public on the Term Limit Policy. With respect to discussion on the second draft of the Term Limit Policy, Changes have been incorporated in paragraph 2. The second draft incorporates a three term limitation as opposed to a two term limitation contained in the first draft. In addition, a clarification is made in the second sentence of paragraph 2. Term periods for the Economic Development Committee, Planning Commission and Parks Advisory Committee are two year terms. The initial Lake Advisory Committee terms are staggered from one, two and three years. However, after the initial terms are completed, all future terms will be for a period of two years as well. The essence of the policy is a maximum of three terms or six years of service 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 AN EQUAL OPPORTUNITY EMPLOYER Fax !612) 447-4245 to a particular volunteer body. The rationale behind changing the term limits from two to three years is largely supported by written comments received from Jim Hill as follows: First term: "get acquainted" find your way around; second term: "establish goals and objectives"; third term: "complete goals and objectives and get something done." The outstanding question is how to address the terms for members who have served on the Planning Commission and Economic Development Committee who have served beyond three terms, are currently in the middle of a term and whose terms expire at the same time in 1993. This scenario impacts six individuals: Chuck Arnold, Tom Loftus, Dave Roseth, Bob Barsness, Jim Hill and Rachel Van Den Boom. With respect to the Planning Commission, this represents 60% of the members and with respect to the EDC, this represents 30% of the members. Staff would not recommend that these individuals with their experience be removed at one time from their respective positions. Subsequently, staff is in the process of developing an alternative proposal to handle the transition of individuals who have completed more than three terms, but are in the middle of completing an appointed term. Staff will present an alternative to handle this situation at the meeting. The issue of Council term limits has been raised by various committee members. City Attorney Glenn Kessel has researched the issue of Council term limits. The City Council as a matter of policy cannot limit terms of the Mayor and Councllmembers. Kessel is preparing a letter in support of this position for the Council. ALTERNATIVES: The Council has the following alternatives: 1. Adopt the Term Limit Policy as prepared. 2. Adopt the Term Limit Policy as amended. 3. Table the discussion of the Term Limit Policy . 4. Do not adopt the Term Limit Policy. RECOMMENDATION: Staff recommends alternative #1 or #2, Term Limit Policy. Adopt a ACTION REQUIRED: Action will vary based on Council discussion. TERM LIMIT POLICY FOR APPOINTED COMMISSIONERS AND COMMITTEE MEMBERS The City of Prior Lake has volunteer opporTunities.available for members of the ?om~.unity interested in serving on various committees and commissions. As of the adoption of this Policy, the City of Prior Lake has the following appointed bodies: Planning Commission, Economic Development Committee, Parks Advisory Committee and Lake Advisory Committee. Each respective body operates under Council direction and Council approved bylaws and procedures. The only statutoril~ authorized entity is the Planning Commission. The other committees have been created by the Council to further public policy goals of the community. For detailed information including the charge of each respective body, please refer to the Bylaws Manual. It is the Dolicy of the Prior Lake City Council to impose a three'~ t~rm (or 6-year ser~.ice) limitation fo~ a%l app~%nted positions! within the committees and commlss~on. Time servea Dy{ individual(s) who are completing the service of a ter?.vacate9 by~ a resigning member does not count toward the =nree =erm~ limitation. -~ The rationale behind the term limit policy is to encourage as much participation as possible from a wide variety of community members. The policy does not represent a judgment on a position or ~erformance of existing members. It %mportant to develop 9nd obtain new perspectives on matters of business in the community of Prior Lake. It is also critical to open and responsive government to provide all members of the community equal opportunity to participate in decisions affecting them on a local level. Members completing a term on a committee or commission may be eligible for service and participation on another volunteer body ~rovided that they apply for the position like all other interested individuals. This term limit policy shall be effective for terms beginning July 1, 1992. TERM LIMIT POLICY FOR APPOINTED COMMISSIONERS AND COMMITTEE KEMBERS The City of Prior Lake has volunteer opportunities available for members of the community interested in serving on various committees and commissions. As of the adoption of this Policy, the City of Prior Lake has the following appointed bodies: Planning Commission, Economic Development Committee, Parks Advisory Committee and Lake Advisory Committee. Each respective body operates under Council direction and Council appFoved bylaws and procedures. The only statutoril~ authorized entity is the Planning Commission. The other committees have been created by the Council to further pub%ic policy goals of the community. For detailed information including the charge of each respective body, please refer to the Bylaws Manual. It is the policy of the Prior Lake City Council ~o impose a two term limitation for all appointed positions within the committees and cow~ission. Time spent by individuals who complete the service of a term vacated by a resigning member does not count toward the two term limitation. The rationale behind the term limit policy is ~o encourage as much participation as possible from a wide variety of community members. The policy does not represent a Judgment on a position or ~erformance of existing members. It important to develop and obtain new perspectives on matters of business in the community of Prior Lake. It is also critical to open and responsive government to provide ail members of the community equal opportunity to participate in decisions affecting them on a local level. Members completing a ter~ on a committee or commission may be eligible for service and participation on_another.volunteer body provided that they apply for the position like all other interested individuals. This term limit policy shall be effective for terms beginning July 1, 1992. '1.%.%. EsO *5:30 P.M. BUSINESS/OFFICE PARK WORKSHOP* REGULAR COUNCIL MEETING AGENDA REPORT Monday, July 6, 1992 CALL TO ORDER 1. 2. 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) c) Consider Approval of Extending Appointed Committee/Commission Members Terms. On June 15, the City Council considered the first draft of a Commission/Committee Term Limit Policy. Staff was directed to obtain input from the Committees and Planning Co~ission, together with members of the eneral public. In the meantime, specific ndividual member terms will expire in July on the Planning Commission and _ Economic Development Committee. Staff was directed by the Council to place on the consent agenda for July 6 a continuation of these existing terms prior to formal action on the Term L~mit Policy. Following up with Council direction, staff recommends that the appointments of Mary Ellen Wells and David Wuellner on the Planning Commission, and the appointments of Bob Barsness, Jim Hill, Ray Lemley, William Packer, Jere Phillips and Rachel Van Den Boom on the Economic Development Committee, be extended to September 30, 1992. Staff recommends as part of the consent agenda the extension of the terms as stated above. Consider Approval of Raspberry Ridge Cost Sharing. On A~ril 6, 1992, the City Council discussed participating in the cost of road repairs w%th the deyeloper of Raspberry Ridge. The council authorized .participating up to one-third of the repair cost which was estimated to be $14,503.00. The repairs have been completed, and the total cost to make the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 A~ EQUAL OPPO~ L~4PLO~T~ INTER-OFFICE MEMO lv~MO TO: FROM: RE: DATE: DAVE UNMACHT, CITY MANAGER HORST W. GRASER, DIRECTOR OF PLANNING TERM LIMIT POLICY OF PLANNING COMMISSION AUGUST 31, 1992 On July 16 the Plannin~ Commissioners had considerable discussion on the proposed term limit policy currently in draft form. The discussion focused on the following issues. 1. The policy should be more definitive in the implementation. It was the consensus that years of service on the Planning Commission results in an expanded knowledge base. It would be prudent for the community to continue to utilize that base. The current two term limit suggested by the policy should be increased from 2 to 4. e It was highly suggested that reappointments caused by a term limit policy be staggered for purposes of continuity. CITY OF PRIOR LAKE TERMS OF ELECTED AND APPOINTED OFFICIALS CITY COUNCIL DATE APPOINTED/ELECTED DATE TERM EXPIRES Mayor Lee Andren John Fitzgerald Tom Kedrowski Carol Scott Gene White 1/86 1/86 1/92 2/83 1/86 12/93 12/93 12/95 12/95 12/93 L PLANNING COMMISSION huck Arnold om Loftus ave Roseth Mary Ellen Wells Dave Wuellner ECONOMIC DEVELOPMENT COMMITTEE jBob Barsness im Hill Dar Fosse Ray Lemley William Packer Jere Philips (ex officio) Jeanne Robbins ~"~Rachel VanDenBoom Nat Wisser Dean Sutliff 6/79 6/83 7/80 7/88 1/92 7/83 7/83 12/89 lO/9O 10/90 10/90 4/91 2/86 2/90 2/92 6/93I 6/93.3 6/92 6/92 7/92J 7/93 7/92 7/92 7/92 7/93 7/92~ 7/93 7/94 '"APPT" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 9 DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER FIRST DRAFT OF PROPOSED ORDINANCE 92-10 SEPTEMBER 8, 1992 LANDSCAPE INTRODUCTION: BACKGROUND: The purpose of this item is to consider the first draft of the proposed landscape ordinance. The Planning Commission has held several discussions of the attached ordinance and a public hearing held on August 6, 1992. The ordinance was prepared with the assistance of Greg Kopischke of Westwood Professional Services, Inc. who is also a registered landscape architect. Mr. Kopischke will be in attendance at the City Council meeting to review the ordinance in detail. The recommendation of the Planning Commission is to approve attached ordinance 92-10 as presented. The proposed ordinance would add a substantial number of new regulations to the Zoning Ordinance which outline r~quired landscaping improvement~ for specified development projects within the City. The proposed amendment encompasses eight fully typed pages. A summary of the proposed language is outlined as follows: The purpose of this ordinance is to establish performance standards and minimum req~.irements for landscaping, buffering and screening that will enhance the visual and aesthetic character of property and site development within the City.. The City Staff, Planning Commission and City Council will utilize these standards in the review and evaluation of such plans and development proposals. This ordinance applies to all subdivision and site plan approvals for business, industrial, multi-family residential !projects of 3 or more dwelling units per building), pu~.lic and institutional uses as may be permitted or conditional within their respective zoning districts. Existing uses shall comply with 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 ' Fax (612) 447-4245 AN EQUAL OPPORTUNITY a~P~OYaR this ordinance when they apply for building permits with exceptions for an addition or additions that in total are under ten percent of the existing structure's gross floor area or 4000 square feet, whichever is less. The objectives of these requirements are to establish and maintain forestation of the City; to provide appropriate ground cover vegetation for controlled soil erosion; to preserve and enhance, ~hen necessary, the natural environment, particularly in instances where the natural environment is disturbed during the course of development; and, to establish standards for utilization of natural and other materials to achieve desired screening and buffering. This ordinance sets forth minimum requirements for landscaping, reforestation and technical limitations to assure that the result is consistent with reasonable maintenance requirements on a long-term basis and to assure that the results provide landscape amenities to the urban environment. To help assure the best possible results, plans will be prepared by a trained design professional. A Registered Landscape Architect must be used on: a) b) business, institutional and industrial development with sites over 20,000 square feet or gross building area of 4,000 square feet or more, whichever is less; multi-family residential (8 units or more). A trained landscape designer may be used on smaller projects. This ordinance is intended to ~rovide standards that allow flexibility in design and individual site needs. Designers are encouraged to utilize site landscape elements (i.e.; trees, shrubs, ground covers, flowers, berms and ground form, fences, walls, existing topography and vegetation, artforms, and other similar items) in creative ways that are aesthetically pleasing yet functional where required. In addition to compliance with subsequent sections of this ordinance, plan review by the City Planning Department will include such items as: choice of materials, especially plantings, to determine if they are functionally appropriate for the intended purpose; hardiness; disease-resistance; compatible choice and mix of materials; do materials complement and/or ~rovide .pleasing contrast to on-site and off-site conditions to maintain interest; and other issues as site appropriate. Specific site plans may be required to go beyond the minimum requirements to meet the purpose and objectives of this ordinance. The proposed ordinance outlines the quantity, type and placement of landscape requirements that are acceptable under the terms of the ordinance. Specific language discusses the procedures for calculation of requirements, credits for existing materials and plant sizes for business/industrial, institutional, multi-family residential sites, entry plantings, parking lot landscape and miscellaneous screening requirements for grounds, lawns, mechanical equipment and storage areas. The proposed ordinance outlines maintenance standards such as the maintenance of healthy, pest-free, materials, pruning, mowing, removal of trash and noxious materials and maintenance requirements for natural plant communities. Requirements for performance guarantees are also outlined including a one year guarantee for all plant materials after total project acceptance, and guarantee for required irrigation system function. Submission requirements for landscape plans are identified in the proposed ordinance such as: Landscape plans must be drawn to scale, show all proposed plants, quantities and sizes, seed/sod areas/limits, etc. The plan(s) must include the entire project area. Include project name, developer, registered landscape architect or landscape des%g~er, architect, dates, existing site conditions (topography, vegetation, ponding areas or water bodies, utilities, boundary data, walks, etc.), proposed site conditions, (grading plan, tree preservation/protection plan, etc.), site lighting, off site conditions approximately 100 feet beyond the site, and other site conditions that would be expected to affect landscaping. ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: Calculations to evaluate compliance with the ordinance provisions including: area in square footage and percentage, in ~otal area for building, parklng lot (including 4rive~ays), landscape areas and total area; and quan=i=ies of trees and shrubs required and planted or preserved. Supportive plans, details, written narrative notes, cross-sections or other information as may be required by the Planning Staff that is reasonable and necessary to demonstrate the design intent and ~eneral compliance with this ordinance is also included in the draft. 1. Discuss and review the draft ordinance as submitted. Direct Staff to place on the September 21 agenda for action. 2. Direct staff to conduct further research depending upon Council discussion. 3. Do not consider the adoption of a Landscape Ordinance. Alternative 1 or 2, depending upon the outcome of Council discussion. See City Manager memorandum. A motion to adopt one of the alternatives presented. "Z09202# CITY OF PRIOR LAKE DRAFT 8-5-92 ORDINANCE NO. 92-10 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR I2%KE ZONING ORDINANCE NO. 83-6. The Council of the City of Prior Lake does hereby ordain: CITY CODE SECTION 5-5-10: SCREENING: AND PRIOR LAKE ZONING ORDINANCE 83-5 SECTION 6.10 are hereby amended to add the following language: (A) Purpose: The purpose of this ordinance is to establish performance standards and minimum requirements for landscaping, buffering and screening that will enhance the visual and aesthetic character of property and site development within the City. The City Staff, Planning Commission and City Council will utilize these standards in the review and evaluation of such plans and development proposals. This ordinance applies to all subdivision and site plan approvals for business, industrial, multi-fam%ly.residential (projects of 3 or more dwelling units per building), public and institutional uses as may be permitted or conditional within their respective zoning districts. Existing uses shall comply with this ordinance when they apply for building ~ermits with exceptions for an addition or additions that in total are under ten percent of the existing ~tructure's gross floor area or 4000 square feet, whichever is less. The objectives of these requirements are to establish and maintain forestation of the City; to provide appropriate ground cover vegetation for controlled soil eroszon; to preserve and enhance, when necessary, the natural environment, particularly in instances where the natural environment is disturbed during the course of development; and, to establish standards for utilization of natural and other materials to achieve desired screening and buffering. This ordinance sets forth minimum requirements for landscaping, reforestation and technical limitations to assure that the result is consistent with reasonable maintenance requirements on a long-term basis and to assure that the results provide landscape amenities to the urban environment. To help assure the best possible results, plans will be prepared by a trained design professional. A Registered Landscape Architect must be used on: a) business, institutional and industrial development with sites over 20,000 square feet or gross building area of 4,000 square feet or more, whichever is less; b) multi-family residential (8 units or more). A trained landscape designer may be used on smaller projects. This ordinance is intended to provide standards that allow flexibility in design and individual site needs. Designers are encouraged to utilize a variety of site landscape elements (i.e.; trees, shrubs, ground covers, flowers, berms and ground form, fences, walls, existing topography and vegetation, artforms, and other similar items) in creative ways that are aesthetically pleasing yet functional where required. In addition to compliance with subsequent sections of this ordinance, plan review by the City Planning Department will include such items as: choice of materials, especially plantings, to determine if they are functionally a?propriate for the intended purpose; hardiness; disease-resistance; compatible choice and mix of materials; do materials complement and/or provide pleasing contrast to on-site and off-site conditions to maintain interest; and other issues as site appropriate. Specific site plans may be required to go beyond the minimum requirements to meet the purpose and objectives of this ordinance. (B) General Landscape Requirements: The quantity of plant materials shown on the landscape plans of ~roposed developments shall meet or exceed the minimums as defined herein. The City requires landscape treatment of the whole site include the following elements: a) b) c) d) The site perimeter. The "entry" focal area(s) of a development (i.e.; major entry drives, corner areas, signage locations, and other similar focal points). The parking lot landscape. Screening of mechanical equipment, exterior storage, loading.docks, trash storage, or visual clutter as ldentif~ed by the City in the plan review process. 3. The plant materials used must meet or exceed the City standards of size and specie in order to qualify for credit towards the landscape requirement. Additional plant materials smaller than required herein may be appropriate and necessary to achieve the design effect. 4. Preservation of existing vegetation on site, if it can successfully be incorporated into the landscape plan, should be encouraged and credited toward the landscape requirement. 5. Plantings at street intersections shall not block visibility within a clear view triangle. 2 Plantings shall not interfere with drainage patterns, unreasonable conflict with utilities (i.e., frequent near overhead power lines, etc) or restrict access utilities. create pruning to all Landscape coverage shall be d~fined as all ground areas surrounding the principal building and accessory buildings which are not garden areas, driveways, parking lots, sidewalks or patios. All ground areas shall be landscaped with grass, shrubs, trees or other approved ornamental landscape material. (C) Calculation of Requirements, Credits and Sizes: The planting ~equirement shall be the sum of the following separate requirements. These formulas are only intended as a method to generate a quantitative performance level and not a design instruction. Creativity of design is encouraged to provide specific solutions. a) b) Tree Calculation: Business /Industrial /Institutional sites shall contain, ~ a minimum, the greater of: 1 tree required per 40' of site perimeter, or 2. 1 tree per 1000 square feet of gross building area. Multi-residential sites shall contain, at a minimum, the greater of: 1. 1 tree per dwelling unit, or 2. 1 tree required per 40' of site perimeter. Entry Plantings: Each major entry point~ focal point, etc. (See Section B, 2, b) into the project or building shall be treated with landscape development (tree~, shrubs, etc.). No numerical requirement of plants ~s offered, but every development project has at least one such feature, and the landscape ~lan shall reflect the proposed treatment. Trees requlred on the perimeter calculation are not applicable to this design feature. c) d) Parking Lot Landscape: As identif%ed in Section D (1 and 4) parking lot islands and screening shall be provided. No numerical requirement for plants is provided, but use of canopy trees to provide shade and shrubs to soften the internal sight lines and screen small storage areas is required. Miscellaneous Screenings: As identified in Section E (Other Screening) miscellaneous screening shall be provided. No numerical requirement for ?lants is provided and the perimeter tree planting requirement may be used to provide trees for this purpose but the effectiveness shall be as described in Section E (Other Screening). Plant Sizes (New): Plants provided by the developer as credit for meeting the landscape requirement shall meet the following size criteria: a) b) c) d) e) f) g) Deciduous Canopy Trees: 2 1/2" caliper B & B (at 6" above ground). Coniferous Trees: 6' high B & B Others: 1. Ornamental or half trees: 1-3/4" caliper B & B (can substitute for canopy trees at a ratio of 2 ornamental/half trees for I canopy tree). 2. Other shrubs: No minimum except that they must meet the stated purpose ~screenlng, etc.). All plantings shall be appropriate to the hardiness zone and physical characteristics of the site. . They shall conform to the size and quality standards in the most current edition of the American Standard for Nursery Stock as published by the American Association of Nurserymen. All deciduous trees proposed to meet the minimum requirements shall be long-lived, hardwood species. . A list of desirable and ~rohibited plant material species is incorporated as policy in this ordinance and will .be maintained and kept on file with the City Planning Department. The complement of trees fulfilling the minimum requirements shall typically not be less than 25% deciduous and not less than 25% coniferous to maintain a mix of plant types. Any proposed m?dification to this requirement will consider the site specific design solution if site conditions are deemed appropriate and other functional requirements (screening, etc.) are met. Installation will be in accordance with professional horticultural standards as established with the most current edition of the Landscape Construction Reference Manual as published by the American Nursery and Landscape Association. Credits for Existing Materials: The developer may request credit for plant materials preserved on site provided it demonstrated that they have accurately identified (by specie) and located (by survey), their correct location shown on the grading ~lan and that measures.have been taken and shown on the ~radlng plan to ensure their survival (i.e.; snow fence barrier, appropriate distance to tree base and root structure, etc.). This tree protection/?reservation plan should be prepared by a forester, registered landscape architect, arborist or equally qualified person. a) Existing trees must conform to the minimum size requirements (identified in 2 above) to be credited. 4 b) c) Plants must be of approved species as currently recorded by the City as appropriate mater%als. Weak wooded and staff review of data (plans and narrative) presented by the developer· Criteria will include type of material, size, quality, location and extent of site coverage· 4. Variation of Plant Sizes: a) b) For all landscape plans, at least 10% of the coniferous and/or deciduous canopy trees must exceed the minimum size (to 8' high and 3 1~2" ~ali~er B & B respectively) to establish some diversity in size. For multi-family project~, 20% of the required plants shall be of the larger sizes. These plants shall be used in the areas for strategic screening, softening of buildings, focal point enhancement, adjacent to recreatlonal areas for shade, etc. (D) Parking Lot Landscape To avoid undesirable monotony, heat and wind associated with large parking lots, such lots shall have lineal and row end internal landscaped island/traffic delineators in addition to any required traffic safety islands. Landscape islands shall be at least 5% of the paved parking lot area in excess of 3000 square feet. A parking island is considered to be 9' x 18' or 162 square feet (equivalent of one parking stall), although the shape and location will be a design option of the developer. Minimum width shall be 6 feet. Industrial storage yard, outdoor retail display areas or similar type areas are exempted from the parking lot island requirement. Landscaping of parking lot islands shall include some combination of mulch, lawn, shrubs and/or trees. The intent is to provide shade, focus or promote traffic patterns, (define drive aisles and rows of parking), limit rows of visually uninterrupted parking stalls to a maximum of 180 feet, soften ground level views, yet maintain appropriate visibility for safety. Parking lot screening shall be provided on the perimeter of any new parking lot. a) Screening shall be provided using a combination of shrubs, coniferous trees, fencing, berming, etc., to minimize the effect of headlights and reflected light from bumpers, grills and headlights. Screening must attempt to address at least 60% of the perimeter where views of the parking lot could originate. 5 Se b) c) d) e) Effectiveness of the screening shall be 80% opacity year-round. Berming must achieve a 30" height to provide 80% opacity on 3' high screening (berms cannot be used as the only method of screening. They must be used in combination with other elements). Plant materials must be spaced no more than 30" apart on single rows of deciduous shrubs, 48" apart on double staggered rows of deciduous shrubs, with initial planted height of at least 2' (spacing may vary or be less subject to species used). Coniferous trees must be placed no further than 8' apart, to be counted as screening. Ail parking lot islands or landscape areas must be separated from the parking surface by cast in place concrete curbs. (E) Other Screening: Developments shall make apparent design efforts to fully screen service areas, trash storage, loading, mechanical equipment, and other similar areas, from view by the general public or adjacent residential areas. The screening provisions for parking lots shall be followed except that berming heights must be increased to a minimum of 4' with an overall effective screening height of 6'. (Berms cannot be used as the only method of screening. T~ey must be used in combination with other elements.) Each site will be evaluated as to its specific needs and solution which may exceed these minimum standards. (F) Grounds and Lawns: Ail areas must be finished off with a stable landscape (trees, shrubs, turf, mulch, etc.) or constructed surface. No site areas can be left unfinished, subject to erosion. Landscape rock or bark/wood chip mulch may be substituted for sod in shrub and flower planting beds and building maintenance strips. Ail lawn areas and drainage swales shall be sodded. At least 1' width of sod shall be. provided a~jac~nt to all paved surfaces or curbs. Seeding or reseeding is allowed for less visible or large and remote portions of a site. that are unused or subject to future development. Seed mixes could include prairie grass or other appropriate low-maintenance mixes. Slopes in excess of 3:1 will not be allowed in areas intended for maintained turf. Slopes of up to 1 1/2:1 may be allowed with a slope stabilization plan approved by the city otherwise terracing and/or retaining walls will be required. 6 All areas to be lawn and landscaped shall have a built-in irrigation system. An irrigation plan shall be required at the time of obtaining.the building permit. This plan shall indicate the overlapping pattern, head type, control type and location, source of water and connection method. The system plan shall be ~repared by a ~ualified designer with experience designing systems for slmi%ar uses (project type and size). Permanent underground irrl~ation is not required for existing, new or re-established native plant communities. Undisturbed areas containing existing viable vegetation shall be maintained free of foreign or plant materials. natural noxious (G) Maintenance Standards: Ail cultivated landscape areas shall be maintained by the property owner to present a healthy, neat and orderly area. This shall include: a) Maintain a healthy, pest-free condition. b) Remove dead, diseased or dangerous trees or shrubs or parts thereof. c) Provide appropriate pruning per National Arborist Association and American Nurserymen Association Standards. d) Mowing and/or removal of noxious weeds and grasses. e) Remove trash and other debris. f) Watering to ensure plant growth and survival. Natural plant communities shall be managed in order to maintain the plant community for the purpose that it was preserved or created. This includes trimming as needed of all noxious vegetation and long grasses, removal of trash or other debris and other horticulturally appropriate maintenance methods for the specific type of plant community. (H) Performance Guarantee: Ail plants shall be guaranteed by the developer for one year after total project acceptance. Irrigation shall be guaranteed for one year concurrent with the plant guarantee. This will assure one winter season with a fall shut down and spring start-up. The developer shall notify the City prior to total project acceptance, for City concurrence on the acceptability of the complete landscape Installation. The City shall issue a letter accepting the installation and therein fixing the date for guarantee purposes. 7 4. The developer shall post a letter of credit with ~he City for the complete landscape installation (plants, and Irrigation}. The letter of credit shall be held by the.City and used,, if necessary, to effect satisfactory completion of the project for incomplete or failed work. The value of the letter of credit shall be 125% of the estimated construction costs for plants, irrigation, mulch and edgers. Se Release of the letter of credit or unused balance shall occur following the City review of landscape and irrigation just prior to the expiration o~ ~uarantee, providing that the plants are acceptable and irrigation operable on that date. (I) Submission Requirements: Landscape plans must be drawn to scale, show all proposed plants, quantities and sizes, seed/sod areas/limits, etc. The plan(s) must include the entire project area. Include project name, developer, registered landscape architect or landscape designer, architect, dates, existing site conditions (topography, vegetation, ponding areas or wa~er bodies, utilities, boundary data, walks, etc.), proposed s~te conditions, (grading plan, tree preservation/protection plan, etc.), site lighting, off site conditions approximately 100 feet beyond the site, and other site conditions that would be expected to affect landscaping. Calculations to evaluate compliance with the ordinance ?rovisions including: area in square footage and percentage in total area for building, parking lot (including driveways), landscape areas and total area; and quantities of trees and shrubs required and planted or preserved. Supportive plans, details, written narrative notes, cross-sections or other information as may be required by the Planning Staff that is reasonable and necessary to demonstrate the ~esign intent and general compliance with this ordinance, ~ncluding, but not limited to, items listed under Section B 2. 3. 15 copies of all plans shall be submitted. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of , 1992. ATTEST: City Manager Mayor Published in the Prior Lake American on the , 19__. day of Drafted By: Greg Kopischke Westwood Professional Services, Inc. 14180 Trunk Hwy. 5 Eden Prairie, MN 55344 (612)937-5150 9 NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CITY OF PRIOR LAKE ZONING ORDINANCE 83-6. You are hereby notified that the Prior Lake Planning Commission will hold a public hearing to consider amending the Prior Lake Zoning Ordinance 83-6 to add landscape requirements that would apply to all business, industrial, multi-family residential, public and institutional projects within the City of Prior Lake. The hearing will be held in the Prior Lake City Council Chambers located at 4629 Dakota Street S.E., Prior Lake, on Thursday August 6, 1992 at 8:15 p.m. The proposed amendment would add a substantial number of new regulations to the Zoning Ordinance which outline required landscaping improvements for specified development projects within the City. A detailed copy of the proposed language is available with the Prior Lake Plannzng Department and may be reviewed or mailed to interested individuals upon request. The proposed amendment encompasses eight fully typed pages. A summary of the proposed language is outlined as follows: The purpose of this ordinance is to establish performance standards and minimum requirements for landscaping, buffering and screening that will enhance the visual and aesthetic character of property and site development within the City. The City Staff, Planning Commission and City Council will utilize these standards in the review and evaluation of such plans and development proposals. This ordinance applies to all subdivision and site plan approvals for business, industrial, multi-family residential (projects of 3 or more dwelling units per building), public and institutional uses as may be permitted or conditional within their respective zoning districts. Existing uses shall comply with this ordinance when they a?ply for building permits with exceptions for an addition or additions that in total are under ten percent of the existing structure's gross floor area or 4000 square feet, whichever is less. The objectives of these requirements are to establish and maintain forestation of the City; to pro¥ide appropriate ground cover vegetation for controlled soil erosion; to preserve and enhance, when necessary, the natural environment, particularly in instances where the natural environment is disturbed during the course of development; and, to establish standards for utilization of natural and other materials to achieve desired screening and buffering. This ordinance sets forth minimum requirements for landscaping, reforestation and technical limitations to assure that the result is consistent with reasonable maintenance requirements on a 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER long-term basis and to assure that the results provide landscape amenities to the urban environment. To help assure the best possible results, plans will be prepared by a trained design professional. A Registered Landscape Architect must be used on: a) b) business, institutional and industrial development with sites over 20,000 square feet or gross building area of 4,000 square feet or more, whichever is less; multi-family residential (8 units or more). A trained landscape designer may be used on smaller projects. This ordinance is intended to provide standards that allow flexibility in design and individual site needs. Designers are encouraged to utilize site landscape elements (i.e.; trees, shrubs, ~ro~nd covers, flowers, berms and ground form, fences, walls, existing topography and vegetation, artforms, and other similar items) in creative ways that are aesthetically pleas%ng yet functional where required. In addition to compliance with subsequent sections of this ordinance, plan review by the City Planning Department will include such items as: choice of materials, especially plantings, to determine if they are functionally appropriate for the intended purpose; hardiness; disease-resistance; compatible choice and mix of materials; do materials complement and/or p~ovide ?leasing contrast to on-site and off-site conditions to maintain interest; and other issues as site appropriate. Specific site plans may be required to go beyond the minimum requirements to meet the purpose and objectives of this ordinance. The proposed ordinance outlines the quantity, type and placement of landscape requirements that are acceptable under the terms of the ordinance. Specific language discusses the procedures for calculation of requirements, credits for existing materials and plant sizes for business/industrial, institutional, multi-family residential sites, entry plantings, parking lot landscape and miscellaneous screening requirements for grounds, lawns, mechanical equipment and storage areas. The proposed ordinance outlines maintenance standards such as the maintenance of healthy, pest-free, materials, pruning, mowing, removal of trash and noxious materials and maintenance requirements for natural plant communities. Requirements for performance guarantees are also outlined including a one year guarantee for all plant materials after total project acceptance, and guarantee for required irrigation system function. Submission requirements for landscape plans are identified in the proposed ordinance such as: Landscape plans must be drawn to scale, show all proposed plants, quantities and sizes, seed/sod areas/limits, etc. The plan(s) must include the entire project area. Include project name, developer, registered landscape architect or landscape designer, architect, dates, existing site conditions (topography, vegetation, ponding areas or water bodies, utilities, boundary data, walks, et?.), proposed site conditions, (grading plan, tree preservatlon/?rotection plan, etc.), site lighting, off site conditions approximately 100 feet beyond the site, and other site conditions that would be expected to affect landscaping. Calculations to evaluate compliance with the ordinance provisions including: area in square footage and percentage in total area for building, parking lot (including driveways), landscape areas and total area; and quantities of trees and shrubs required and planted or preserved. Supportive plans, details, written narrative notes, cross-sections or other information as may be required by the Planning Staff that is reasonable and necessary to demonstrate the design intent and general compliance with this ordinance. If you desire to be heard in reference to this issue, you should attend this public hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matter or would like to request a copy of the entire proposed Landscape Ordinance, please contact the Prior Lake Planning Department at 447-4230. Horst W. Graser Director of Planning City of Prior Lake To be published in the Prior Lake American on July 27, 1992 and August 3, 1992. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 12 BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER REVISED STREET COLLECTOR PROPOSAL SEPTEMBER 8, 1992 FEE INTRODUCTION: BACKGROUND: This Agenda item is a followup analysis from the February 18, 1992 Council meeting in which a proposed collector street fee proposal was introduced. This proposal was a result of the first phase of a Carriage Hill Road extension westerly from Ferndale Avenue. This major collector within the North Shore area will require a significant investment to finance the construction of this road system which will eventually be completed to County Road 21. The feasibility study was completed on this portion of Carriage Hill Road, however, the project was discontinued as per the property owners request. Since then, the plat of Carriage Hills has received preliminary and final plat approval. This plat is adjacent to C.S.A.H. 21 and will extend Carriage Hill Road easterly approximately one-half mile to Pike Lake Trail. The majority of the funding for Carriage Hill Road is expected to come from Municipal State Aid (MSA) funds. However, another revenue source will be needed in addition to MSA funds in order for the City to complete the anticipated MSA street collector projects in the next five years. In order to construct all MSA improvements as proposed within the 1993 Capital Improvement Program (CIP), it may be necessary for the City to establish a collector street fee. Therefore, staff is requesting Council review and discussion of such a charge as outlined within this report. This ltem will be discussed at the September 3, 1992 Council workshop. For the most part the City's collector system of streets on the MSAS system which have been improved, have allowed both residential and commercial access. Some examples of these would be Fish Point Road, Fairlawn Shores Trail and Duluth Avenue. This past policy of 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER granting full access provided benefit to the property owners and allowed the City to assess all or a portion of these improvements. In those cases, Municipal State Aid funds were only utilized to pay for the oversizing cost of the road. Standards, especially in the area of safety, have changed with respect to high volume collector streets. Driveway access is not a desirable condition and is no longer all?wed or, at the most, approved on a limited basis. Because this practice precludes immediate development fronting on collectors, the City cannot expect to be successful in assessing the full amount to the abutting property. Given this access policy the co,t/benefit relationship may not be supported in court. Instead, the benefit of individual access has transcended to an area-wide benefit and developer benefit with the addition of trail corridors which funnel pedestrian travel as well as vehicular traffic of adjacent residential developments that depend upon these collectors for ingress and egress. As such, an area-wide fee and developer fee would be considered appropriate. An example of a collector street without direct frontage access of lots is Crest Avenue and Carriage Hill Road thru the Sand Pointe development. In this case, the developer was required to install the grading, sidewalk on one side of the street and dedicate all of the City. right of way to the Staff feels that this scenario of development places too much of the collector street cost on the developer who happens to have the collector within his development area. An area-wide acreage fee and building permit fee would distribute the cost more equitably to all the users of the collector street. DISCUSSION-. Carriage Hill Road is actually the first such collector the City will be constructing thru largely undeveloped tracts of land. There are other MSAS designated streets on ou~ system such as Fish Point Road that will be installed in the future. As a result, Council action concerning a collector street fee policy will lay out the ground rules for these ~rojects. Whatever is concluded will be very important in establishing precedence and developing fair and equitable method of cost recovery o~ our collector roads. Staff recognized that keeping the cost level down would be a primary objective not only to the Council, but developers and property owners alike. Identifying which costs should be paid for and what method of cost distribution would be the most effective were two key concerns of Staff. A number of criteria and assumptions were made to resolve these issues. In the initial analysis of the collector street fee presented to Council on February 18, 1992, staff based the collector street costs on an ideal 1/2 mile by 1/2 mile collector street system. Costs were developed based on this model and the fees were structured to pay for the trails and excess right of way cost over 50 feet in width based on $8,000.00 per acre. This analysis determined that a $700.00 per net acre charge of development and $150.00 fee per building permit is needed to recoup these costs. Since the initial presentation of the collector street fee, staff has reconsidered its method for developing the fee structure. Calculating the actual shortfall of collector street funds was the major item of information needed in determining a collector street fee schedule. Staff utilized the first draft of the 1993 CIP for an indication of costs in a five year period. The projected total of MSA roadway costs in this five year period which includes Carriage Hill Road, Fish Point Road thru Greenbriar, C.S.A.H. 23 and 170th Street to complete commercial ring road, Northwood Road and Duluth Avenue is $3,390,000.00. This amount does not include any right-of-way (ROT) acquisition costs The revenue source is mainly thru MSA funds and is projected to be as follows: 1) 2) MSA account balance $ 900,000.00 (1992 allocation included) MSA 1993-1997 allocations $1,350,000.00 ($270,000.00 x 5 Years) TOTAL $2,225,000.00 The City can borrow up to three years allocation of its MSA fund allocation for MSA projects. Staff feels that borrowing one year's allocation should be the maximum so as not to deplete the MSA account. By borrowing one year's allocation, the total MSA funds available for the 1993-1997 CIP period is $2,520,000.00. The shortfall of funds for this five year period if all the rojects are completed is. projected to be 870~000.00. Based on thls f~ve year CIP projection, the City will need to modify, its approach by implementing one of the following action steps: 1.) Delay MSA street projects. 2.) Adopt additional revenue source. 3.) Scale back the project scope. If an additional revenue mechanism is considered, the most favorable funding approach would be to create a two-tier fee. One would be an acreage fee that would be complemented by a road charge on the building permit. This would share the financial responsibility between the builder and the land owner/developer. In-fill lots throughout the City would also participate in the building permit fee. cities such as Savage and Eagan charge $206.00 and $380.00 respectively for their collector street fee for a single family building permit. Staff arrived at a fee of $250.00 in its cost analysis, in an effort to balance the acreage fee. The lot fees would be paid at time of building ~ermit application. The acreage fee would be Incorporated into the developers agreement and paid at time of final ~lat approval. The acreage fee would be applied only in the event of new development. Commercial and industrial property shall be charged the same rate. However, the building ~ermit charge shall be calculated upon RED units as defined in the City's Assessment Policy. The fees collected would be dedicated to a Street Collector Fund and used solely for the purpose of those improvements associated with a Municipal State Aid project such as concrete curb and gutter, concrete sidewalk, storm sewer, landscaping, lighting, paving and other similar types of improvements. This would provide the fiscal resources needed in future anticipation of the Bridge connection and its correlating impact upon Prior Lake. Staff has prepared four revenue scenarios for the Council to consider in establishing a collector fee structure. These alternatives are attached to the Council Agenda packet. The proposed financing methods are summarized as follows: Revenue Mix #1 Under this proposal, the street right of way is 100% dedicated by the developer. The following charges while not providing for a balanced expenditure/revenue formula does represent a beginning point. Building permit charge ...$250.00 Net acreage charge ...$700.00/acre. Projected surplus/shortfall ...<$340,000.00> ~v e includesa connection charge to the developer for 50% of a 32 foot wide local street equivalent cost. The developer will dedicate 50 feet of right-of-way and the City will reimburse the right-of-way in excess of 50 feet at $8,000.00 per acre. Building Permit charge ...$250.00 Net acreage charge . .$1000.00/acre. Projected surplus/shortfall .~.$6,000.00 Revenue Mix #3 This option eliminates the local street equivalent connection charge to the developer. The developer will again dedicate 50 feet of right-of-way and the City will reimburse the right-of-way in excess of 50 feet at $8,000.00 per acre. Building permit charge ...$250.00 Net acreage charge ...$1750.00/acre. Projected surplus/shortfall ...<$4,000.00> Revenue Mix #4 This application also eliminates the local street equivalent connection charge and provides 100% right of way reimbursement to the developer at a cost of $8,000.00 per acre. Building permit charge ...$250.00 Net acreage charge ...$1950.00/acre. Projected surplus/shortfall ...<$8,000.00> ALTERNATIVES: The alternatives are as follows: 1. Approve a follow-up resolution establishing a collector street fee structure as outlined. Authorize a resolution to incorporate fee amounts as determined by the Council. 3. Reject the collector street fee proposal. RECOMMENDATION: 4. Table action for further consideration. Staff would recommend Revenue Mix #3, adopting street collector fees in the amount of $250.00 per lot on the building permit and a net acreage fee of $1,750.00/acre. This alternative scenario is favored by staff as the most equitable cost sharing method between developer, builder, and resident. Also staff believes that reimbursement above the 50 foot right of way dedication is consistent with platting of property which do not require collector streets. BUDGET IMPACT: ACTION REQUIRED: While Staff recommends Revenue Mix #3, the advantage of adopting a minimal fee under Revenue Mix #1 is that it provides a "foot-in-the-door" approach to a new revenue charge. This charge could be fine tuned as the improvement projects are completed throughout the course of the five year CIP and as development pressure may dictate This choice may be a good starting point for this fee proposal. Depending upon Council action, the Assessment Policy would be amended to include a section pertaining to the subject of collector fees. Effective date of application for all new plats would be immediately. No initial impact upon the City's operating budget would result. In effect the City's tax and bond rating position will be enhanced and strengthened as special levies for these collector streets may be avoided. If the Council consensus was one of endorsing such a funding method then a resolution will be subsequently drafted adopting the schedule and fee amount as proposed. The alternatives have the folloving assumptions in analyzing the collector street fees to fund the costs associated with the City's Municipal State Aid collectors in the next five years: 1.) 3.) The street is on the City's MSA system. No direct lot access will be allowed on the street collector. The street right of way width will be in excess of 50 feet. ALTERNATIVE NO. i This alternative compares the MSA street costs to revenue sources, both current and proposed. The proposed additional charges are the $700.00 per net acre of future development, $250.00 per single family building permit. Developer dedicates all right of way for the collector street. 1993-1997 MSA Existing and Future Street Project Total Cost ~3,390,000.00 Revenues 1993 - 1997 Time Period 1. MSA Current Balance Including 1992 Allocation 2. MSA 1993-1997 Allocations ($270,000.00 X 5 Years) 3. Borrow I Year Future MSA Allocation 4. Proposed Acreage Charge Revenue ($700/Acre x 80 Acres/Yr. x 5 Years) 5. Proposed Building Permit Lot Fee (200 Units/Yr. x 5 Yrs. x $250/Unit) TOTAL REVENUES TO BUILD COLLECTOR STREET SYSTEM $ 900,000.00 $1,350,000.00 $ 270,000.00 $ 280,000.00 ~ 250,0,00.00 $3,050,000.00 TOTAL MSA PROJECT COST (100% ROW DEDICATION) TOTAL PROJECTED REVENUES PROJECTED SHORTFALL $3,390,000.00 $3,050,000.00 <$ 340,000.00> .YEAR 1993 1993 1994 1995 1995 1995 1997 1993 CIP - PROPOSED BY STAFF, 1ST DRAFT JULY 21, 1992 PROJECT DESCRIPTION TOTAL STREET COST Carriag? Hill Rd. - CSAH 21 to Pike La~e Tr. Fish Point Road - CSAH 44 thru Greenbrlar ~ Northwood Road - CSAH 12 to Fremont Avenue Fish Point Road - CSAH 44 thru Greenbriar Carriage Hill Rd. thru Grassini/Grothe Prop. CSAH 23 & 170th Street Improvements Duluth Avenue - Pleasant St. to T.H. 13 850,000.00 164,000.00 180,000.00 246,000.00 600,000.00 850,000.00 500,090.00 TOTALS $3,390,000.00 ALTERNATIVE NO. 2 This alternative compares the MSA street costs to revenue sources, both current and proposed. The proposed additional charges are the $1000.00 per net acre of future development, $250.00 per single family building permit, and a connection charge to the developer for 50% of a 32 foot wide equivalent local street cost. The developer will dedicate~ 50 feet of right of way and the City will reimburse the right of way cost in excess of 50 feet. 1993-1997 MSA Existing and Future Street Project Total Cost $3,390,000.00 PROJECTED MSA ROW COST $ 83,760.00 TOTAL PROJECTED COSTS FOR MSA STREETS INCLUDING EXCESS ROW REIMBURSEMENT OVER 50 FEET Revenues 1993 - 1997 Time Period ~3t473t760.00 2. MSA 1993-1997 Allocations ($270,000.00 x 5 Years) 3. Borrow i Year Future MSA Allocation 4. Proposed Acreage Charge Revenue ($1000/Acre x 80 Acres/Yr. x 5 5. Proposed Building Permit Lot Fee MSA Current Balance Including 1992 Allocation Years) (200 Units/Yr. x 5 Yrs. x $250/Unit) Collector Street Connection Charge to Developers (25% of equivalent 32' street cost) $ 900,000.00 $1,350,000.00 $ 270,000.00 $ 400,000.00 250,000.00 309t600.00 TOTAL REVENUES TO BUILD COLLECTOR STREET SYSTEM $3,479,600.00 TOTAL MSA PROJECT COST (INCLUDES EXCESS ROW REIMBURSEMENT OVER 50 FEET) TOTAL PROJECTED REVENUES PROJECTED SHORTFALL $3,473,760.00 $3,479~600.00 <$ 5,840.00> YEAR 1993 CIP - PROPOSED BY STAFFr 1ST DRAFT JULY 21~ 1992 PROJECT DESCRIPTION TOTAL STREET COST 1993 Carriage Hill Rd. - CSAH 21 to Pike Lake Tr. $ 850,000.00 1993 Fish Point Road - CSAH 44 thru Greenbriar $ 164,O00.00 1994 Northwood Road - CSAH 12 to Fremont Avenue $ 180,000.00 1995 Fish Point Road - CSAH 44 thru Greenbriar $ 246,000.00 1995 Carriage Hill Rd. thru Grassini/Grothe Prop. $ 600,000.00 1995 CSAH 23 & 170th Street Improvements $ 850,000.00 1997 Duluth Avenue - Pleasant St. to T.H. 13 $ 500t000.00 TOTALS $3,390,000.00 ALTERNATIVE NO. 3 This alternative compares the MSA street costs to revenue sources, both current and proposed. The proposed additional charges are the $1750.00 per net acre of future development, $250.00 per single family building permit, and the connection charge to the developer for the 32 foot wide equivalent local street cost is eliminated. The developer will dedicated 50 feet of right of way and the City will reimburse the right of way cost in excess of 50 feet. 1993-1997 MSA Existing and Future Street Project Total Cost $3,390,000.00 PROJECTED MSA ROW COST 83,760.00 TOTAL PROJECTED COSTS FOR MSA STREETS INCLUDING EXCESS ROW REIMBURSEMENT OVER 50 FEET Revenues 1993 - 1997 Time Period ~3t473~760.00 1. MSA Current Balance Including 1992 Allocation 2. MSA 1993-1997 Allocations ($270,000.00 x 5 Years) 3. Borrow 1 Year Future MSA Allocation 4. Proposed Acreage Charge Revenue ($1750/Acre x 80 Acres/Yr. x 5 Years) 5. Proposed Building Permit Lot Fee (200 Units/Yr. x 5 Yrs. x $250/Unit) TOTAL REVENUES TO BUILD COLLECTOR STREET SYSTEM $ 900,000.00 $1,350,000.00 $ 270,000.00 $ 700,000.00 .~ .250,000.00 $3,470,000.00 TOTAL MSA PROJECT COST (INCLUDES EXCESS ROW REIMBURSEMENT OVER 50 FEET) TOTAL PROJECTED REVENUES PROJECTED SHORTFALL $3,473,760.00 $3t470~000.00 <$ 3,760.00> YEAR 1993 1993 1994 1995 1995 1995 1997 1993 CIP - PROPOSED BY STAFF~ 1ST DRAFT JULY 21t 1992 PROJECT DESCRIPTION TOTAL STREET COST Carriage Hill Rd. - CSAH 21 to Pike Lake Tr. Fish Point Road - CSAH 44 thru Greenbriar Northwood Road - CSAH 12 to Fremont Avenue Fish Point Road - CSAH 44 thru Greenbriar Carriage Hill Rd. thru Grassini/Grothe Prop. CSAH 23 & 170th Street Improvements Duluth Avenue - Pleasant St. to T.H. 13 850,000.00 164,000.00 180,000.00 246,000.00 600,000.00 850,000.00 500~000.00 TOTALS $3,390,000.00 ALTERNATIVE NO. 4 This alternative compares the MSA street costs to revenue sources, both current and proposed. The connection charge to the developer ~or the 32 foot wide equilvalent local street is eliminated, and the City pays for all the right of way of the street collector with the acreage charge increased to $1950 per acFe to pay for the collector streets and a $250.00 fee per single family building permit. 1993-1997 MSA Existing and Future Street Project Total Cost $3,390,000.00 PROJECTED MSA ROW COST $ 168,240.00 TOTAL MSA PROJECT COST Revenues 1993 - 1997 Time Period $3,558t240.00 1. MSA Current Balance Including 1992 Allocation 2. MSA 1993-1997 Allocations ($270,000.00 x 5 Years) 3. Borrow I Year Future MSA Allocation 4. Proposed Acreage Charge Revenue 5. ($19~0/Acre x 89 Acres/Yr./5 Years) Proposed Building Permit Lot Fee (200 Units/Yr. x 5 Yrs. x $250/Unit) TOTAL REVENUES TO BUILD COLLECTOR STREET SYSTEM $ 900,000.00 $1,350,000.00 $ 270,000.00 $ 780,000.00 ~ 250,000.00 $3,550,000.00 TOTAL MSA PROJECT COST (INCL. 100% REIMBURSEMENT) TOTAL PROJECTED REVENUES PROJECTED SHORTFALL $3,558,240.00 $3,550,000.00 <$ 8,240.00> .YEAR 1993 1993 1994 1995 1995 1995 1997 1993 CIP - PROPOSED BY STAFF~ 1ST DRAFT JULY 21~ 1992 PROJECT DESCRIPTION TOTAL STREET COST Carriage Hill Rd. - CSAH 21 to Pike Lake Tr. $ Fish Point Road - CSAH 44 thru Greenbriar $ Northwood Road - CSAH 12 to Fremont Avenue Fish Point Road - CSAH 44 thru Greenbriar Carriage Hill Rd. thru Grassini/Grothe Prop. CSAH 23 & 170th Street Improvements Duluth Avenue - Pleasant St. to T.H. 13 850,000.00 164,000.00 180,000.00 246,000.00 600,000.00 850,000.00 500,000.00 TOTALS $3,390,000.00 .f i ,/ i