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Home My WebLink AboutNovember 2, 1992REGULAR COUNCIL MEETING AGENDA Monday,November 2, 1992 CALL TO ORDER 1. 2. 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting e Consent Agenda: a) Consider Approval of Invoices To Be Paid Quarter Budget b) Consider Approval of Third Report of Proclamation For Minnesota 4. Consider Approval Health Week e Presentation from Bill Rudnicki, Mdewakanton Sioux Community Engineer, Regarding.The SMSC's.Plans for Sewer Extension and Construction of a Fitness and Recreational Center 6. Consider Harold Bohlen Variance Appeal e Discuss 1993 Projects: A. Consider Approval of Resolution 92-36 - Authorizing ~reparation of Feasibility Study for 1993 Projects B. Discussion of Inspections By Developers C. Consider Soliciting Consulting Engineer's Services 8. Other Business a) b) c) Discussion of Workshop Dates Reminder of Open House for David Unmacht Update on City Manager Search Process *All times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PR CALL TO ORDER 1. 2. 3. REGULAR COUNCIL MEETING AGENDA REPORT Monday,November 2, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: a) b) Consider Approval of Invoices To Be Paid - see attached. Consider Approval of Third Quarter Budget Report - see attached. 4. Consider Approval of Proclamation For Minnesota Health Week - Loren Novak, Health Coordinator for School District 719, and representatives of MADD (Mothers Against Drunk Driving) and SADD (Students Against Drunk Driving) have requested Council assistance with the promotion of Minnesota Chemical Health Week, November 13 - 20, 1992. Please see the attached Proclamation which has been prepared at the request of Mr. Novak for consideration by Council. Mr. Novak and the other representatives will attend the November 2 Council meeting. Presentation from Bill Rudnicki, Mdewakanton Sioux Community Engineer, Regarding The SMSC's.Plans for Sewer Extension and Construction of a Fitness and Recreational Center - Bill Rudnicki of Engelhardt and Associates, Engineer for the Shakopee Mdewakanton Sioux Community (SMSC), will address the City Council on November 2, 199~ regarding the proposed sanitary sewer and watermaln improvements for the SMS~ property adjacegt to McKenna Road. Mr. Rudn~cki's presentation will include discussions of the proposed regional Fitness and Recreation Center. The Council will also be updated on the status of the Sewer Agreement between the City of Prior Lake and the SMSC. 6. Consider Harold Bohlen Variance Appeal - see attached staff report. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EHPLOYER 7. Discuss 1993 Projects= A® Consider Approval of Resolution 92-36 - Authorizing Preparation of Feasibility Study for 1993 Projects - see attached staff report. Discussion of Inspections By Developers - see attached staff report. Ce Consider Soliciting Consulting Engineer's Services - see attached staff report. 8. Other Business a) Discussion of Workshop Dates - Kay Kuhlmann will discuss details for the proposed Budget Workshop and the Shoreland Management Ordinance Workshop at the November 2, Council meeting. b) Reminder of Open House for David Unmacht - details of the O~en House will be presented at the Council meeting on November 2. c) Update on City Manager Search Process - Kay Kuhlmann will discuss details of the process at the November 2, Council meeting. *All times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. The Bnmeyer Group, Inc. EXECUTIVE SEARCH CONSULTANTS CITY OF PRIOR LAKE CITY MANAGER Suggested Timetable One Tenth Ave. South Hopkins, MN 55343 10119192 10/26 to 11/6/92 11/9/92 11/16/92 11/15 to 12/20/92 12/11/92 12/10/92 to 1/1/93 1/11/93 1/12 to 1/21/93 1~4/93 2/22193 Authorize to Proceed Gather information for Position Profile Place announcement - LMC, Jobs Available, ICMA Present draft Position Profile to City Council for approval Recruit/Screen candidates Deadlfne for candidates Review/Evaluate candidates Progress Report Reduce Candidates from 8-10 to 4-5 Establish Compensation Guidelines Review Interview Schedule Background, Reference Checks Interviews, Selection Assessment (optional) Start Date (612) 945-0246 · fax (612) 933-1153 Lommen, Nelson, Cole & ATTORNEYS AT LAW LEONARD T..lUSTER HENRY H. FEIKEMA ALVIN S. MALMON RONALD L HASKVfI'Z PHILUP A. OOLE t MARK N. STAGEBERG ROGER V. STAGEBERG GLENN R. KESSEL THOMAS R..~ACOBSON JOHN M. GIBLIN * JOHN R. McbRIDE t J. CHRISTOPHER CUNEO THOMAS F. DOUGHERTY STACEY A. DeKALB KAY NORD HUNT RICHARD L. PLAGENS MICHAEL P. SHROYER EHRiCH I.. KOCH MARGIE R. BODA~ STEPI4EN C RATHKE Certified Civil Trial Specialist Certified Real Estate Specialist 80 SOUTH EIGHTH STREET · MINNE. APOUS, MINNESOTA 55402 TELEPHONE (612) 339-8131 Minnesota WATS Line 1-800-7~2-4297 SOUTHS1DE OFFICE PLAZA, SUITE 2A 1810 CRESTV1EW DRIVE · HUDSON, WISCONSIN 54016 TgJ ~'PHONE (715) 386.8217 ~ City Line (612) ~ FAX (715) 386-8219 REPLY TO: MINNEAPOLIS OFFICE WRITER~J DIRECT DIAL NUMBER: 336-9338 October 23, 1992 JOEL W. LAVINTMAN PAUL L. DINGER LINC S. DETER { SHERRI D. ULLAND MARLENE S. GARVIS JD HAA$$ REID R. UNDOUIST JAMES C. SEARLS JAMES R. JOHNSON TERRANCE W. MOORE UNDA O. AXELROD CRAIG D. KLAUSINO MARC A. JOHANNSEN ANGELA W. W! ~ ~N PA'fR{CK R. McDERMOTt ADAM LEV{TSKY STEVF_~ L. THEESFELD BARRY A. O~{EIL OF {X3UNSF-t-' V. OWEN NELSON JOHN P. LOMMEN (1927-19~8) WYMAN SMITH (Retired) MARK SULLIVAN (Retired) Ms. Kay Kuhlmann · City of Prior Lake 4629 Dakota Street SE Prior Lake, MN 55372 Dear Kay: At the October 5, 1992 Council meeting a legal issue was raised regarding the sole bid received for fire equipment. Our office was asked whether or not the City needed to disclose a public bid if only one public bid was received pursuant to a request for bids and that bid was rejected and then later re-bid. Based upon our research, we conclude that once a bid has been opened, it is public information and must be made available to the public. This conclusion was confirmed only after discussions with the Attorney General's office. The Data Practices Act does not have an exception allowing an opened public bid to be kept confidential. Please give me a call should you have any questions regarding this opinion. Very truly yours, Glenn R. Kessel GRK/blr "KEENA2" DATE: TO: FROM: RE: MEMO NOVEMBER 2, 1992 MAYOR, CITY COUNCIL, CITY MANAGER, DIRECTOR OF PLANNING SAM LUCAST, ASSOCIATE CITY PLANNER FACT FINDING - COMPLAINTS ASSOCIATED WITH MFK ENTERPRISES CAR SALES AND LEASING. J. KEENAN LESSEE This Memo lists facts associated with MFK Enterprises Auto Sales and Leasing 16268 Walker Avenue. The City received complaints from Prior Lake citizens regarding the use of the site. The following facts apply to the site. SUBJECT SITE: 16268 Walker Avenue, Lots 5 & 6 and 1/2 vacated Walker Avenue, Prior Lake Townsite. (Laker Insurance Building) of the Original FACTS: The site has a legal non-conforming use parking lot. It is not paved, graded for drainage, or has parking stalls marked. Prior Lake City Code 5-5-5 and 5-5-5 (B) states off street parking spaces shall be provided in accordance with the specifications in this Section in any district whenever any new use is established or existing use is enlarged. Also any off-street parking lot for more than five (5) vehicles shall be graded for proper drainage and surfaced so as to provide a concrete or bituminous surface. See attached. Based on owner supplied information for square footage of building area as applied to Title 5-5-5, excluding MFK Enterprises, the owner must provide eight (8) parking stalls for the existing Laker Insurance and Prior Lake Travel. Per lease agreement, the owner must provide five (5) parking stalls for MFK Enterprises. Commonly accepted planning standards identify a parking stall as 9' x 18', or any area totaling 300 square feet of area which includes driving lanes through the parking lot. On September 28, 1992 seven (7) cars were displayed for sale on Walker Avenue facing easterly, two (2) were off of the property. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY FjvlPLOYER Pennants are viewed as Temporary Signs, intended to be displayed for a limited time, regulated through the City of Prior %ake Sign Ordinance 83-5. The sign ordinance requires a permit for display of.pennants. S~aff does not know of any such sign permits being issued ~n the community. See attached. The Prior Lake city Code prohibits all signage, parking, storage.and similar uses off premises without the owner's permission. There are special conditional use processes discussed in the sign ordinance for off premises signs. Currently the City does not have standards for landscap%ng commercial properties, however, we do have screening requirements which are attached. An Ordinance is being developed which creates standards for landscaping. When adopted the Ordinance would restrict development and establish new development guidelines. Upon inquiry to the Department of Transportation the status of R-O-W was not cleared up, it was made more difficult to when State Highway 13 was constructed determine. Apparently . only an easement was obtained, the land was not purchased. According to Release 165 the fifty (50) foot wide area was turned back to the City (see attached). Therefore according to MNDOT, owners of record of 1960 received the eastern half of the vacated Walker Avenue. The owners of Parcels 21-26 own the easterly half of the vacated Wglker Aven~e .according to MNDOT. Finding those owners now w~ll be difficult. Property Management lists Lots 7-12 Block 2 Prior Lake Original Townslte as the MTC Bus Shelter. James Keenan may have a twenty five (25) foot wide area abutting the easterly portion of his lots instead of the sixteen and one half (16.5) feet as deduced from the attached survey. Staff put a considerable amount of time into this research and suggests the burden of proof be placed upon the applicant or property owner in this case. He should provide documentation showing his property boundaries and that his tenant ~s in compliance with C~ty Codes. The burden of proof falls on the property owner to prove compliance with City Codes. The above established facts must be considered when discussing the use of the building, parking, and display. Complaints are investigated and decisions based on findings of fact as related to the Prior Lake City Code. PETERS, PRICE & SAMSON LAND SURV£YOR$, LTD. PRINCSTON AVENUE SOUTH, SAVAGE., MINNE,,~:)TA ~$378 * 612,.890.9201 Certlflolt$ Of Survey For p/~/0,~. /_,,q,~E'... {~ L/~/C , ' ALTERED SURVEY "'"°'""~"°'~'" '~'' B~ PRIOR LAKE PLANNING DEPT \8-18-912 ' ~:: :, "..:-~' "..'.-~,.~6.0 ~,-,.~-7~' --.d ~.. I ~ · ~% '" I ' ~ . ~ ':':~ ,...';*,' ",'",",..'~:~:"; ~:',' '~":,, :":';" .". ~ * -'~Z .. ...... ~.:,.,:. ~., ,~..~..~.,,..~ ~:.,,.. ~,:.,., .., .., -: ~ *~ , ,. , · .. :.',: ;~,~'~, ~',:., ~. ~%;.--, ~i~-~:,,~.~ .,~- '.-- '..~: .. · · . ~ ,. ,' ,, · · · ':- . .. ~:,.-.,~,~.:.:~[.,~$,~,.,~..~,.,.,...,:......... _.. . I SEE ATTACHED ORIGINAL SURVEY ,, c~~o/~ ~tv~. ~oA~ ..I _ cerll~ Ihet Ihll II I ffgl I~ GOtflGt f~tlle~tlllo~ of I lusty Ol the ~rlel of I~e I~l allet~ II~, I~ Of the ~lJ~ Of III .' ~N-(DNFOI~IN~ Any advertising structure oc sign which has lawfully ece~e~ SIGN, and maintained prior to such time as it came within the purview of this Code, and any ~endments thereto, and vhich fails to conform to all applicable regulations restrictions of this Code. '. SIGN; PAINTfD WALL: A sign which ha~ been Iminte8 directly onto a building wall, using the wall material as a base of the sign. SIGN; 1K)RTABLE .. SIGN; I~JBLIC IN FO }~4AT ION: SIGN; REAL ESTATE: SIGN; ROTATIN~: SIGN; ROOF: A sign not attached to the ground and designed so as to be movable from one location to another. A sign designating the current t/m~ and/or te~%oerature and/or stock market data on the exterior of a building or pylon so as to be viewed by the passing public fr~m a public right-of-way. A temporary sign erected by a l~altor or for purposes of advertising for sale or building and/or p~rcel of property. private individual lease a l~rticular A sign which revolves or rotates on its axis by mechanical mea~lSo A sign erected upon or above a roof or l~rapet of a building or above the eaves in the case of a hip, 9~ble or manmrd roof where the plane of the roof is less than sixty degrees (60) from the horizontal. The lowest plane at which the external upper covering begins. STI~ET ~or purposes of this Chapter, ,any reference to street herein FRagT~E: shall mean any street or roa4way, public or private, but not to include private driveways. I A banner, pennant, poster or advert/sing display constructed RARY: of cloth, canvas, plastic, sheet, cardboard, or other like materials and intended to be displayed for a limited period SIGN; WALL SIGN: of time. A sign affixed directly to the exterior wall or screening surface and confined within the limits thereof and which project from that surface less than fifteen inches (15") at a/1 poi hts. ! ! 3 (G) ~o ~reslmssing $igns~ No trespassing and no &zuping signs shall no excee~ two (2) square feet in area per side a~ not to exceed four (4) in number per lot in 'R" Districts. In "A' and 'Cra Districts such signs shall not be less than three hundred feet (300') apart. Interior Win~ow Signs: Temporary-signs In the sh~ window of a bus, ness which are part of a display of merchandise or display relatincj to sales on the premises, proviOe0 such signs are not to be displayed for a period exceeding thirty (30) consecutive days. Such sign will not exceed seventy-five percent (75%)of each individual window area facing the street. On-pre, tees Directional Signs: ~here one-way access and egress drives are incorporated in a site plan, a sign indicating traffic direction no more than four (4) square feet may be placed at a driveway within five feet (5') of the street right-of-way and no more than four feet (4') from the average grade level. A directional sign indicating the entrance to a two-way driveway may be approved or required where the Zoning Administrator de,ms it is necessary to safely direct the traveling public. 5-7-$; NCN-CONFO~MING SIGNS; Any sign that is non-conforming to the requirements of this ordinance, whether by variance previously granted or by conformance to existing sign regulations at the time the original permit for said sign was issued, shall either be removed or brought up to code requirements within the time period prescribed herein dating from December 8, 1980, the effective date of this ordinance. A~or t~zation Sche0ule Actual Cost of Si_on Period of 14emoval $ 500.00 or less $ 500.01 to lO00,O0 $1000.01 to 2500.00 Over $2500.00 2 1/2 years 3 1/2 years 4 1/2 years 5 1/2 yeats 5-7-'/ PERMIT R]~U~~ .No ,,s~qn shall be .erect, ed, changed~ or relocated without a permit issued _b~ the Zoning Officer. Any sign involving electrical c~mpormnts shall be wired by a l~censed electrician. Toe permit application shall be signed by the applicant. When the applicant is any person other than the owner of the property, it shall also be signed by the owner of the property. The application shall contain the following information; 1. D~:~xne, address ar~ telephone n~nber of the property csmer, sign owner ar~ erector. tl 5-7-2 ~e foll~win~ signs are permitted uses subJec~ tO the foll~in~ regulations, Temporary l~al ~tate Signs, For the ~~ of ~lli~ ren~ or le~ing proart. ~y o~ (1) sl~ m~ ~ pla~ ~r ~reet front~ o~ (1) si~ ~r lake frontage on pro~r~ to ~ ~ld or le~. si~s ~1 ~ ~t ~ck a ~fe dist~ fr~ r~ surfak, plaint of t~ra~ dir~io~ re~ estate si~s ~1 h~e ~e size ces~n~ p~o~ ~ a m~ o~ ~z~ (32) ~ze ~eet ~o~ e Signs for Pr(~oting and/or Selling a Develol~ent Project, For the purpose of selling or promoting a development project of three (3) to thirty (30) acres, three (3) signs not to exceed or~ hundred (100) aggregate square feet of advertising surface may be erected on the project site. For projects of thirty (30) acres or greater, five (5) signs not to excee~ two hundred (200) aggre~te square feet of a~vertising surface may be erected. SUCh sign shall ~ot r~ain after ninety peroent (90%) of the project is developed. Street Banners.. Street banners advertising a public entertairment or event are pemitted if specifically .approved by the City Manager and in locations designated by the City Manager. Such sign may be displayed fourteen (14)days prior to and seven (7) days after the Imblic entertair~ent or event. (~[ Temporary Signs, There shall be no more than one (1) temporary sign in \ any requ/red yard, and there shall be no more than three (3) such signs .,.~ on any. lot, and the total area of such signs shall not exceed ~h t~enty five (25) square feet per side with a maximt~ of two (2) sides. ( Such sign shall be displayed for n° longer than thirty (30) days, x..___~ess approved by the Zoning Officer. Election Signs, Political advertisin~ of l~blic elections are permitted on private property in any Zoning Distric~ with the expressed consent of the owner or occul~nt of such prol:erty. Such signs may not be posted more than sixty (60) days prior to the election and must ~e r~moved by those responsible for the erection of the sign or the property owner within seven (7) days following the election. Such sign must be no larger than sixteen (16) square feet. window Signs= l~rmanent signs printed or otherwise displayed from the in~ide surface of en individual window shall not exceed two (2) square feet or twenty-five percent (25%) of the total window area, whichever is greater. 4 TEL:6 D A K OTA 2-591-~655 Sep .16,92 11:1~ NO.UU. r.~ I:~:)ll-II" bland fax Irnntlmlllal memo 7671 F~ o~ pag,,,,, ,, MINUTES OF THE CITY COUNCIL October 19, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, October 19, 1992 at 7:30 p.m. in_the City Council Chambers. Present were Mayor Andren, Councllmembers Fitzgerald,. Kedrowskl, Scott, White, C%ty Manager Unmacht, Assistant City Manager Kuhlmann, Planning D~recto~ Graser, Public Works Director Anderson, Parks 9nd Recreation D1rector Mangan, Assistant Planner Garross, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meeting to order and asked everyone to rise for the pledge of allegiance. The minutes of the October 5, 1992 Council meeting were reviewed by Council. MOTION MADE BY KEDROWSKI, SECONDED BY OCTOBER 5, 1992 MINUTES AS SUBMITTED. SCOTT, TO APPROVE THE Upon 9 vote taken( ayes by Andren, Fitzgerald, Kedrowski, and Wh~te, the motion passed unanimously. Scott The next order of business was approval of the Consent Agenda as follows: a) b) c) d) e) f) g) h) i) J) k) Consider Approval of Minutes of the September 30, and October 12, 1992 Special City Council Meetings Consider Approval of Invoices To Be Paid Consider Approval of Animal Warden Report Consider Approval of Building Report Consider Approval of Fire and Rescue Report Consider Approval of Change in Parks Advisory Committee Bylaws Consider Approval of Appointments to Parks Advisory Committee Consider Approval of Resolution 92-28 Adopting Collector Street Fee and Amending Assessment Policy Consider Approval of Resolution 92-33 Agreement with MnDOT Consider Approval of Treasurer's Report Consider Approval For Final Payment on Project 90-12 Tower Street and Toronto Avenue Improvements Council requested that items (a) ~ be'v--~ on separately. 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 October 19, 1992 (a) Consider Approval of Minutes of the September 30, 1992 ~ ~pecial City Council Meeting. 5~ MOTION MADE BY SCOTT, SECONDED BY KEDROWSKI, TO APPROVE THE SEPTEMBER 30, 1992 SPECIAL CITY COUNCIL MEETING MINUTES. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. ( ~..Special Cit¥.~Coul1~ nutes. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, Scott and White, the motion passed unanimously. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, CONSENT AGENDA ITEMS (c) THRU (k). TO APPROVE Upon 9 vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Presentation From PLUS Committee on School Referendum. PLUS Committee representative, Lynn McDonald, addressed the Council regarding the School District's u~c?ming referendum ~nd urged support from the Councilmembers and citizens. A short dlscuss~on occurred, and Council concurred that staff should draft a Resolution of support for the School District's goals for quality education. MOTION MADE BY FITZGERALD, RESOLUTION 92-34 SUPPORTING GOALS FOR QUALITY EDUCATION. SECONDED BY THE SCHOOL WHITE, TO ADOPT DISTRICT'S LONG RANGE Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Presentation of Lake Advisory Committee Annual Report. Lake Advisory Committee Chair, Tom Watkins, introduced the LAC members who were in attendance, and reviewed highlights of the Annual Report which included the following topics: Eurasian Water Milfoil, the Lake Review Committee Report, Wetland Management Act, Watershed District Inter-Relations, Stormwater Utility Fee, Miscellaneous Projects, and 1993 Goals and Objectives. Committee member, Jody Stroh, spoke briefly on the Water Management sectio9 of the report. Watkins noted that Joel Rutherford will be replacing Dave Unmacht as staff coordinator to the LAC. City Manager Unmacht spoke briefly regarding the Stgtus Report and Lar.r~ Anderson discussed the Feasibility Study projects. A short discussion occurred. Council thanked Mr. Watk~ns for the presentation. 2 Minutes of the Prior Lake City Council October 19, 1992 A short recess was called. The meeting reconvened at 8:50 p.m. The next order of business was: Staff Presentation On Status of Ma~or Projects - City.Manager Unmach~ began discussion on the ma~or pro]ects currently in progress. Discussion began, however, due to the attendance of Brad Larson, Scott County Highway Engineer, Council suggested that this item be postponed until after his presentation to the Council. The next order of business was: Presentation From Scott County Officials on County Roa~ 18 and Bridge Ground Breaking Ceremony. Scott County Highway Engineer, Brad Larsonc addressed the Council and expressed thanks to the Council, H~ghway 13 .Tgsk Force members and the citizens of Prior Lake for their part~clpation in the Bloomington Ferry Bridge project, and for their hard work on fund raising for the project. Larson presented a Plaque to the City on behalf of the Scott County Transportation Coalition as an expression of thanks. Mayor Andren accepted the plaque and, on behalf of the Council, thanked Larson and the Scott County Transportation Coalition. The next order of business was: Consider Approval of Signalization Plans for Intersection of CR 21 and CR 39. Public Works Director Anderson reviewed.plans for the installation of a traffic signal at the intersection of CR 39 and CR 21. Anderson stated that the City of Prior Lake would be required to provide the electrical power to the signals and that all other costs associated with the project would be paid ~y Scott County. Brad Larson discussed details of the installation and the type of signs the County thought would be sufficient to alleviate the possible traffic hazards associated with the intersection. Larson stated that the County is considering installing signs on the north side of Franklin Trail indicating a lower speed limit and a sign indicating the existence of a "Bump" just before the location of the actual signal. % short discussion occurred regarding the plans and the safety ~ssues. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE AGREEMENT 92-2129 BETWEEN THE CITY OF PRIOR LAKE AND SCOTT COUNTY FOR THE CONSTRUCTION OF A SIGNALIZATION SYSTEM AT THE INTERSECTION OF CR. 21 AND CR 39. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott Discussion resumed on staff's presentation of Major Projects. Larry Anderson commented on variou~ aspects of the 1992 Feasibiligty Study report which outlined major construct%on projects for 1993. Discussion occurre~ on the City's inspection policy by private development construction. City Manager Unma~ht continued his reviewed of the projects individually. Discussion occurred on details of several of the projects. Minutes of the Prior Lake City Council October 19, 1992 Council directed Attorney Kessel to send them a copy of his letter to Watzl's attorney, Norbert Traxler, regarding the agreement between the City and the Watzl's. Extensive discussion occurred regarding points of the recommendations by the Citizens Forum the C~ty Council action from the October 5 meeting, and the Comprehensive Plan process. Discussion occurred regarding details of the process proposed by the Brimeyer Group, Inc, concerning the City Manager Search process and the proposed Agreement between the City of Prior Lake and The Brimeyer Group, Inc. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO ACCEPT THE PROPOSAL OF THE BRIMEYER GROUPv INC. EXECUTIVE SEARCH CONSULTANTS AS SUBMITTED, WITH A FEE NOT TO EXCEED $17,000.00, AND AUTHORIZED THE MAYORAND CITY MANAGER TO SIGN THE PROPOSAL. Upon a.vote taken,_ayes by Andrenc Fitzgerald, Kedrowski, and Whlte, the motion passed unanlmously. Scott Unmacht continued discussion of the projects. occurred. Further discussion The next order of business was: Continued discussion on an update of "The Wilds" Project. Attorne~ Bob Hoffman briefed the Council on progress to date concerning the Memorandum of Understand%ng. Noffman .then reviewed the Memorandum of Understanding between the C~ty of Prior Lake and the Metropolitan Council and commented on the Environmental Assessment Worksheet (EAW) as ~eques~ed by the Metropolitan. Council legal staff. Extensive d~scuss~on occurred regardlng various aspects of the document. The Council concurred that the meeting should be adjourned for the purpose of discussing the Memorandum due to the possibility of litigation by the Metropolitan Council. MOTION MADE BY FITZGERALD, SECONDED BY WHITE, TO ADJOURN THE MEETING TO A CLOSED EXECUTIVE SESSION REGARDING POSSIBLE PENDING LITIGATION BY THE METROPOLITAN COUNCIL. Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The mayor opened the Executive Session at 10:10 p.m. Those resent were: MaYor Andren, Councilmembers Fitzgerald, Kedrowski, cott and White, City Manager Unmacht, Assistant city ~anager Schmudlach, Planning Director Graser, Public Works Director Anderson, Parks and Recreation Director Mangan, City Attorney Kessel, Attorney Bob Hoffman and ~ecordi~g Secreta_r~ Birch. A record of the closed session is on f~le in the C~ty Manager's office. Mayo~ Andre9 re?onvened the regular. Council.meeting. Bob.Hoffman contInued h~s d~scussion regarding ~nformat~on to be provided to the Metropolitan Council as indicated ~n the Memorandum of Understanding. Mike Morley, Project Manager for "The Wilds". 4 Minutes of the Prior Lake City Council October 19, 1992 Stated that the information (items i thru 10) as requested will be provided to staff in time for the City of Prior Lake to comply with the terms of the Memorandum of Understanding. MOTION MADE BY KEDROWSKI, SECONDED BY SCOTT, TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN COUNCILAND THE CITY OF PRIOR I2tKE. A short discussion occurred on details of the Memorandum of Understanding. Upon a.vote taken, ayes by Andren, Fitzgerald, Kedrowski, and Whlte, the motion passed unanimously. Scott MOTION MADE BY FITZGERALD, SECONDED BY KEDROWSKI, TO APPROVE RESOLUTION 92-34 SETTING FORTH THE CITY COUNCIL'S POSITION ON THE MEMORANDUM OF UNDERSTANDING. Upon a vote takenc ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was: Consider Approval of McDonald Parcel Acquisition with a LAWCON Grant. Councilmember Fitzgerald announced that he would be refraining from discussion on this item due to a possible conflict ~f interest. Parks and Recreatlon Director Mangan briefly d~scussed the background and history of this item and details of the acquisition between Mr. McDonald and the city. Discussion occurred on sharing of the property tax and assessment costs. MOTION MADE BY KEDROWSKI, SECONDED BY WHITE, TO APPROVE THE PURCHASE AGREEMENT WITH WILLIAM AND JEANNE McDONALD AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE PURCHASE AGREEMENT AND CONTRACT DOCUMENTS FROM THE STATE FOR THE GRANT AGREEMENT. Upon a vote taken, ayes by Andren, Kedrowski, the motion carried. Fitzgerald abstained. Scott and White, Topics discussed under Other Business: -- Kay Kuhlmann announced a that an AMM Policy Adoption meeting ~ould be ~eld on November 9 and requested anyone interested · n attending should let her know as soon as possible. Personal Remarks From City Manager David Unmacht. Mr. Unmacht gave his farewell address. (These remarks are on tape in file in the City Manager's office.) The next Council meeting will be Monday, November 2, 1992 at 7:30 p.m. There being no further business, the meeting adjourned 12:00 midnight by general consent of the Council. Recording Secretary at THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. NOV. 3, 1992 MISC. DEPTS. AAA Office Products MN Cellular One Shieley Co. James Hennen Excavating Northern States Power Office Supplies Telephone Service Sand & Gravel Rentals Utilities GENERAL GOVERNMENT General Office Products Interim Personnel Services David Unmacht Dee Birch Wally's World of Printing Natural Settin~ by Cynthia Frgnz Engineering Prior Prints Westwood Professional Serv. Cartridgecare Inc. Cedar Computer Center Alpha Microsystems Modern Computer Systems Smokeeter of MN Clark Food Service Reiter Signs Bob's Personal Coffee Service R & O Elevator B'Ville Commercial Cleaning ServiceMaster Misc. Supplies Temporary Personnel Meeting Expenses Meeting Expenses Printed Supplies Photos Printed Supplies Printed Supplies Consulting Services Computer Supplies Computer Supplies Hardware Maint. Contract Hardware Maint. Contract Building Maintenance Building Maint. Supplies Building Maint. Supplies Building Maint. Supplies Maintenance Contract Janitorial Services Window Cleaning PUBLIC SAFETY Photo Express Holiday Station Stores General Office Products Trail TV & Radio Shack Bonnie Reck Dr. L.M. Campbell Richard Powell Comm Center DARE America Treadway Graphics Photo Finishing Supplies Supplies Film Conference Expense Professional Services Conference Expense Equipment Maintenance DARE Supplies DARE Supplies FIRE & SAFETY Clarey Safety Equipment Conney Safety Products Emergency Medical Products Hennepin Technical College Clarence Weber Brent Johnson Natural Setting by Cynthia Clothing & Small Tools Medical Supplies Medical Supplies Training Conference Expense Conference Expense Prints 21.25 455.92 621.36 165.00 5,716.10 106.72 1,133.33 61.59 18.00 127.05 78.81 69.95 218.99 220.50 126.20 372.43 590.00 202.00 47.00 156.37 448.37 271.83 104.92 1,171.50 323.25 20.34 55.31 137.20 254.96 69.00 38.42 86.24 119.43 688.01 618.06 448.37 392.40 428.07 900.00 273.60 218.78 728.46 Sokkia Measuring Systems Prior Prints State of Minnesota Markhurd Larry Ander~on Toll Co. Action Overhead Door Co. Prior Lake Rental Center St. Joseph Equipment Inc. Minnegasco West Star Curb & Concrete PARK AND RECREATION Deb Rubash Target General Office Products Prchal Candy Co. Greg Larson Sports Ordway Theater Lisa Conlin Diane Wikstrom Mary Ann Mingo Priordale Mall Edward Kraemer & Sons Friedges Landscaping Metr? South Llndsa¥ American Glass & Mirror ECONOMIC DEVELOPMENT Natural Settings by Cynthia Kay Kuhlmann WATER UTILITY Water Pro MVTL Laboratories Harco Water Works Ron Kuhlmann SEWER UTILITY Midwest Machinery Terminal Supply Co. CONTINGENCY Brimeyer Group PARK DEDICATION FUND Supplies Supplies Engineering Expense Engineering Services Meeting Expense Shop Supplies Repair Supplies Rental Repair Supplies Utilities Street Repairs Park Program Refund Supplies Supplies Supplies Park Program Supplies Park Program Park Program Instructor Park Program Instructor Park Program Instructor Dance Studio Rental Park Maint. Supplies Park ~aint. Supplies Building Maintenance Library Repairs Photos Meeting Expense Meters Water Analysis Service Contract Repair Expenses Repair Supplies Repair Supplies City Manager Search 161~40 1.60 1.94 930.00 17.50 58.26 18.00 10.22 223.69 16.81 300.00 14.00 166.37 8.12 22.30 31.24 40.00 651.44 865.00 19.50 1,545.98 80.48 934.60 53.25 520.64 92.66 82.18 388.55 35.00 395.00 275.00 840.69 170.16 4,666.00 Instant Testing Co. Professional Services 70.30 GENERAL ~ BUDGET REPORT :~ Budget Amount Expended GOV~N~ 874,060.00 626,561.00 MaYOr & Council Ordinance City Manager Boards and Commission Elections Director of Finance Accounting Internal Auditing Assessing Law Planning and Zoning Data Processing Buildings and Plant PUBLIC SAFETY Police Fire and Rescue Building Inspection Civil Defense Animal Control PUBLIC WORKS Engineering Street CULTURE-RECREATION Recreation Parks Libraries URBAN ECONOMIC DEVELOPMENT DEBT SERVICE CONTINGENT RESERVE REVENUES General Property Taxes Licenses and Permits Intergovernmental Revenue Charges for Services Fines and Forfeits Misc. Revenues Other Financing Sources Percent 72.0% 19,925.00 15,432.00 77.0% 12,525.00 9,844.00 79.0% 221,665.00 164,188.00 74.0% 4,635.00 504.00 11.0% 9,635.00 5,254.00 55.0% 71,500.00 52,102.00 73.0% 41,285.00 29,635.00 72.0% 9,200.00 9,69o.00 105.0% 22,000.00 22,000.00 10o.0% 133,200.00 76,040.00 57.0% 142,830.00 105,986.00 74.0% 32,925.00 24,799.00 75.0% 152,735.00 111,087.00 73.0% 1,210,620.00 875,591.00 72.0% 945,280.00 701,330.00 74.0% 146,135.00 90,265.00 62.0% 111,120.00 78,452.00 71.0% 1,955.00 1,839.00 94.0% 6,130.00 3,705.00 60.0% 555,775.00 381,174.00 334,930.00 248,494.00 220,845.00 132,680.00 557,120.00 448,261.00 143,075.00 111,504.00 402,830.00 331,052.00 11v215.00 5,705.00 69.0% 74.0% 60.0% 80.0% 78.0% 82.0% 51.O% 47,540.00 36,069.00 76.0% TOTAL BUDGET EXPENDITURES TOTAL BUDGET RECEIPTS 225,370.00 166,808.00 74.0% 100,000.00 27,737.00 28.0% 3,570,485.00 1,873,909.00 52.0% 1,834,190.00 775,130.00 42.0% 122,785.00 123,118.00 71.0% 886,110.00 579,662.00 14.0% 404,900.00 246,696.00 43.0% 45,000.00 35,960.00 50.0% 120,000.00 106,466.00 47.0% 157,500.00 6,877.00 9.0% 3,570,485.00 3,570,485.00 2,562,201.00 1,873,909.00 72.0% 52.0% PROCLAMATION MINNESOTA CHEMICAL HEALTH WEEK NOVEMBER 13- 20, 1991 WHEREAS, Alcohol and Other Drug Abuse in the United States has reached epidemic stages, and the 15-24 year age group is dying at a faster rate than any other age group due to alcohol and other drug abuse and associated problems; and WHEREAS, the color RED has been chosen to represent individual and community commitment to efforts to reduce demand for alcohol and other drugs in our communities; and WHEREAS, business, government, law enforcement, schools, re%igious institutions, service organizations, nel~hborhoods, youth, senior citizens, and other individuals are encouraged to demonstrate their commitment to help reduce and prevent alcohol and other dru~ abuse by wearing.and/or displaying the color RED during M~nnesota Chemical Health Week; and WHEREAS, the local MADD and SADD organizations and the Minnesota Chemical Dependency Association are promoting the awareness of alcohol and drug abuse through the promotion of Minnesota Chemical Health Week; and BE IT NOW THEREFORE RESOLVED, that November declared Minnesota Chemical Health Week Lake. 13 - 20, 1992 be in the City of Prior 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNrrY F3VlPLOYER Z '13 '13 ITl 33 ITl rn ITl .,-4 X itli~. m O O O Z ITl Z ,--.I ITl ITl "0 3> Z Z .-I 0 z; rTl AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 6 HORST GRASER, DIRECTOR OF PLANNING CONSIDER HAROLD BOHLEN VARIANCE APPEAL NOVEMBER 2, 1992 INTRODUCTION: DISCUSSION: Staff has received a letter of appeal from Haro%d and JUdy Bohlen (the applicants), for a dens%ty variance heard by the Planning Commission, September 17, 1992. The applicant filed a variance application to deviate from City Code 5-4-1(N), which restricts residential density in the rural and unsewered areas of Prior Lake to 4 units per quarter/quarter section. The applicant has requested four additional units for his 26 acre parcel which is located in two guarter/quarter sections. The Planning Commission, in citing the recently approved Henning variance, granted a variance to allow one additional residential unit. Attached to this agenda item is the applicants letter of appeal, the Planning Commission minutes of September 17, and October 15, 1992, and the September 17, 1992, Planning Report with supporting detail. Prior Lake's Comprehensive Plan restricts rural and unsewered area density to 4 units per quarter/quarter section. This policy is implemented in Section 5-4-1(N) of the City Code. The minimum lot size in the A-1 Zone is only one acre, two acres in an unsewered shoreland district, and ten acres in the conservation zone. Consequently it is possible to satisfy the density of an agricultural 40 acres if a land owner had a 4 acre parcel. The previous requirement was a 10 acre minimum lot size with 500 feet on a public road. Had the ordinance not been amended, ~he appl%cant would be entitled to one additional building permit for the entire 26 acres. It was based on this rational that the Council issued one additional residential unit to Bill Henning (August 3, 1992), whose application had similar circumstances (please refer to Findings of Facts for Henning incorporated in the attached Planning Report). 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: The Planning Commission heard this request on September 17, 1992, and granted one additional dwelling unit to the entire 26 acres based on the Facts and Findings which were included in the October 15, 1992, Planning Commission minutes. Mr. Bohlen requested that the additional density unit be issued to the 8 acres lying in the SW1/4 of the SWl/4 of the NE1/4 of Section 23 which would provide for easy access to Prior Lake Trail and allow him to retain the remaining 18 acres. Mr. Bohlen's application also specifies the location of the proposed four additional units. Unfortunately the four lots each, approximately two acres in size, are located in the C-1 and S-D Zones which require lot sizes of 10 and 2 acre acres respectively. The applicant did not file a variance to deviate from the required lot sizes. Any additional density the Council grants must be located outside these zones or the boundaries of the districts changed. 1. Uphold the decision of the Planning Commission to deny the variance application. Table the issue for specific reasons or lack of facts. 3. Approve the application with specific facts and findings. Alternative #1 Depends on Council discussion. Harold and Judy Bohlen 13380 Hickory Ave Prior Lake, ~ 55372 October 20, 1992 City of Prior Lake Mr. Horst Graser Director of Planning 4629 Dakota St. SE Prior Lake, ~ 55372 Re: Variance Application #VA26PC Dear Mr. Graser, Based on the Planning Coamtissions findings and approval of one building permit for the total 26 acres on the above case, I hereby request an appeal for a hearing before the City Council for an additional 3 permits, for a total of 4 permits, and each parcel w~uld be 2 acres in size, based on the followin~ reasons; 1. This property was previously under the jurisdiction of Eagle Creek Township, and upon becoming under the jurisdiction of Prior Lake, the R-1 zoning was applied on this property due to the higher density of residential in the inmediate area. 2. When we purchased this property, in 1975, and then it was possible to plat the area into residential lots and sewer was available. 3. There is 660 feet of frontage on a public road, (Pike Lake Trail). 4. Shoreline Districts zoning was applied to the property, which parcels ~Duld comply. 5. Conservation Districts zoning was applied of which I do not understand, as the line comes across the water of Pike Lake to and includes the 200' powar easement along the south line of our property, but then it runs at an angle over our property and does not seem to serve any purpose, but does increase parcel size to 10 acres. It seems that the same objective could be served by using Pike Lake trail as the boundry. 6. Prior Lake is a party to a contract on the property to the south which controls any development to our property, under current zoning, for many years into the future. 7. We have used this acreage for pasture and have kept it mowed since we purchased this property and all existin~ legume is of natural growth to the area. We appreciate your consideration in this matter. Sincerely, PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 PAGE 3 AND THE TOPOGRAPHY OF THE LOT AND NOT BY THE APPLICANT. THE APPLICATION WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Roseth, Arnold, and Loftus. CARRIED. MOTION ITEM V - HAROLD BOHLEN - VARIANCE Harold Bohlen 13380 Hickory Avenue, stated he wishes to create 4 lots to be developed with single family homes and is requesting vaFiances from the Prior Lake City Code, the Conservation District, and Shoreland District sections to accomplish this. Horst Graser, Director of Planning, presented the information as per memo of September 17, 1992. The variances being requested are from Section 5-4-1(N) of the Prior Lake City Code, which restricts_ ~ousing density, a variance from lot size standards of Section 5 4 i Conservation District, which require a 10 acre lot size, and a variance from Section 5-8-3 Shoreland District, which requires a minimum 2 acre lot size. Mr. Bohlen is proposing, to create 5 lots, 4 of which are to be developed with single family dwellings. The Planning Commission has denied three previous appl$cations of this type in the past. The application for Henn!ng was approved by the City Council. A comparison for findings of fact for the Hennlng property was compared to the Bohlen'property. Staff's recommendation is that under no circumstances should the applicant receive four building permits as requested. There may be justification to grant ?ne permit for the entire 26 acres, based upon the recent Hennlng Decision. Janis Landskoog 13470 Pike Lake Trail~ voiced her objection .to ~he proposed subdivision, as she had bought her property to live in the country and does not want a development. William Cramer 13496 Pike Lake Trail, stated he is against the variance request as it would cause more traffic and dust on the road. Greg Wermerskirchen 4671 Martindale Drive, has no objection to the houses being Built but is concerned on the road dust and maintenance by the Cxty. Carol Aronson 4723 Martindale Drive, is concerned on the road and traffic and also opposed to the four homes. Leo Virling 14091 Eagle Creek Avenue, has no objections to the request. Comments from the Commissioners were on clarification on the zoning dSstricts, request is not in conformance with the Comprehensive Plan, and precedent would be set. Mr. Bohlen stated he would agree to one building permit for the 8 acre site and would not develop further. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 17, 1992 PAGE 4 MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE ONE (1) BUILDING PERMIT FOR AN EIGHT (8) ACRE SITE LYING IN THE SW 1/4, OF THE SW 1/4 OF THE NE 1/4 OF SECTION 23 OF THE TITUS FIRST ADDITION AS SHOWN IN EXHIBIT A BUT CANNOT RECEIVE ADDITIONAL BUILDING PERMITS UNTIL UTILITIES ARE AVAILABLE. AT THE NEXT MEETING, STAFF WILL SETFORTH FACTS AND FINDINGS FOR JUSTIFICATION CONSISTENT WITH THE CITY COUNCIL FINDINGS ON PREVIOUS ACTION SO AS NOT TO SET A PRECEDENT. Vote taken signified ayes by Roseth, Arnold, and Loftus. MOTION CARRIED. Recess called at 9:45 P.M. Meeting reconvened at 9:50 P.M. ITEM VI - PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT The Public Hearing was called to order by Chairman Loftus at 9:50 P.M. The public was not in attendance. Horst Graser presented the information as per memo of September 17, 1992. Two com~rehensive plan amendments are necessary to satisfy the Metropolitan Council in an effort to gain approval for "The Wilds" Golf course. Prior Lake's current comprehensive plan is outdated in terms of goals' and objectives, and is deficient in the Metropolitan Investment Policy. RURAL SERVICE AREA POLICY AMENDMENT - The rural service area of Prior Lake will serve as a holding and/or transition zone permitting open space land uses. The objective is to preserve large tracts of land which will accommodate future urban planned development. WATER RESOURCE MANAGEMENT PLAN - Sound storm water management practices and water quality standard~ are paramount in preserving the water oriented environment of Prior Lake residents. These amendments to the Comprehensive Plan are necessary for "The Wilds" to become a reality. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADOPT THE RURAL SERVICE AREA POLICY AMENDMENT AND THE WATER RESOURCE MANAGEMENT PLAN AMENDMENT CT THE COMPREHENSIVE PLAN AS PRESENTED. Vote taken signified ayes by Roseth, Arnold, and Loftus. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC MEETING. Vote taken signified ayes by Arnold, Roseth and Loftus. CARRIED. Meeting closed at 10:30 P.M. MOTION MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE MEETING. Vote taken signified ayes by Arnold, Roseth, and Loftus. MOTION CARRIED. Meeting adjourned at 10:32 P.M. Tapes of meeting on file at City Hall. Horst Graser Director of Planning Rita M. Schewe Recording Secretary PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 PAGE 4 ITEM V - MARK SIMON - VARIANCE Mark Simon 16153 Northwood Road, stated he is requesting several variances to rebuild his home after a fire. The house was destroyed over 50% of the market value and in order to rebuild he must bring the structure into conformance with code. Sam Lucast presented the information as per memo. The variances requested are 4.7 foot northerly side yard, 2.3 foot southerly side yard, and a .1 foot fro~t yard variance. The house has been under construction on two building permits for several years. Terry Holden 16163 Northwood Road, called on October 12, 1992, and informed Staff that he has no problem with the variances but felt the rate of speed in which the remodeling is accomplished could be increased. An anonymous phone call was received on October 15, 1992, voicing the same concerns. The Building Department indicated the applicant has lost occupancy status due to the fire and cannot live in the house until it is finished. DNR does not have any problems with the application. Staff's re¢o~mendation is to approve the Variances as regue~ted. The original building was oonstructed under the jurisdiction of. a previous government and did not require variances. The Building Department commented to Staff that repairs would be completed sooner because of subcontractors doing the work instead of the applicant. The Engineering .Department is requesting a utility easement be signed before the issuance of the building permit. Mr. Simon was unaware of the sewer line on his property and the procedure was explained and he agreed to sign. Comments from the Commissioners were that all were' in consensus with the application. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE A 4.7 FOOT NORTH SIDE YARD VARIANCE, 2.3 FOOT SOUTH SIDE YARD VARIANCE, AND A .1 FOOT FRONT YARD VARIANCE FOR 16153 NORTHWOOD ROAD TO RECONSTRUCT A HOME DAMAGED BY FIRE, CONTINGENT THAT AN UTILITY EASEMENT BE SIGNED BY THE APPLICANT BEFORE THE ISSUANCE OF A BUILDING PERMIT. RATIONALE BEING THE HOME WAS CONSTRUCTED UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT, HARDSHIP IS BASED ON THE MORE RESTRICTIVE PRIOR LAKE ZONING ORDINANCE, THE SHAPE OF THE LOT CONTRIBUTES TO THE VARIANCES AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Arnold, Greenfield, Loftus, Roseth, and Wuellner. MOTION CARRIED. ITEM VII - STAFF - HAROLD BOHLEN VARIANCE - FACTS AND FINDINGS Horst Graser presented facts and findings on the variance applicatio~ for Harold Bohlen supporting the approval action by the Planning Commission on September 17, 1992. Facts and Findings for 13380 Hickory Avenue are as follows: Approximately one . half of .the two subject quarter/quarter sections were.prevl?usly platted into 2 to 3 acre lots under the Jurisdiction of Eagle Creek Township. PLANNING COMMISSION MEETING MINUTES ® OCTOBER 15v 1992 PAGE AS a result of the previous platting the subject quarter/quarter sections are urban in character and zoned R-1 and C-1 to reflect higher residential density and environmentally sensitive lands. The applicant's parcel consists of 26 acres· The subject property is a residual piece of property in two urbanized quarter/quarter sectipns. It is adjacent to the C%ty of Shakopee which provides for a greater density in their rural service area. 5. The proposed lot size is consistent with the 4 per 40 acres concept found in the Comprehensive Plan. 6. The neighborhood was supportive of one additional residential unit. 7. Because of the unique circumstances, the variance is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity, and is not contrary to the general health and welfare of the community. 8. The applicant has agreed to execute and record an agreement with PFior Lake restricting the issuance of additional building pe.z~.its for any residential units on the 26 acres until public sewer and water is available. The applicant further agrees to restrict the location of the one additional residential unit granted under this permit to that part of the 26 acres lying west of the township road in the South half of the Southwest Quarter of the Northeast Quarter, all in Section 23, Township 115, Range 22, Scott County, Minnesota. .MOTION BY ROSETH, SECOND BY ARNOLD,' TO ADOPT THE FACTS AND FINDINGS FOR THE HAROLD BOHLEN VARIANCE APPLICATION AS PRESENTED. Vote taken signified ayes by Roseth, Arnold, and Loftus. Commissioners Wuellner and Greenfield abstained as they were not in attendance of the meeting. MOTION CARRIED. The Commissioners directed Staff to proceed on a proposal to amend the Zoning Code on 10 acre lot size. ITEM VIII - REORGANIZATION OF PLANNING COMMISSION Commissioner Arnold nominated Commissioner Roseth for Chairman. Nominations closed. Vote taken signified ayes by Arnold, Loftus, Wuellner, Greenfield, and Roseth. MOTION CARRIED. Commissioner Wuellner nominated Commissioner Arnold for Vice-Chairman. Nominations closed. Vote taken signified ayes by Wuellner, Roseth, Greenfield, Loftus, and Arnold. MOTION CARRIED. "VA2 6 PC" PLANNING REPORT SUBJECT: VARIANCE APPLICATION APPLICANT: HAROLD BOHLEN SITE ADDRESS: 26 ACRES WITHIN SW 1/4, SW1/4 OF NE 1/4 SECTION 23. HORST GRASER, DIRECTOR OF PLANNING YES X NO SEPTEMBER 17, 1992 PRESENTER: PUBLIC HEARING: DATE; The Planning Department received a variance application from Mr. Harold Bohlen of 13380 Hickory Avenue, Prior Lake. The application re~.ests a variance from Section .5-4-1(N) of the Prior Lake City Code which restricts housing density in the "Agricultural Conservation Districts located in the rural service areas defined in the Prior Lake Comprehensive Plan, to four (4) dwellings per each quarter/quarter section". The applicant requests a variance from lot size standards of Section 5-4-1, Conservation Districts which require a minimum 10 acre lot size and a varignce from lot ~ize standards of Section 5-8-3 Shoreland District which requires a minimum 2 acre lot size for property located within the shoreland district of an unsewered, natural environment lake (Pike Lake). The proposal is to create 5 lots, 4 of which are proposed to be developed with single family dwellings.. The 9p~licant should file a new or amended application specifically citing the sections of the code he is requesting a deviation. The subject site is currently vacant. EXISTING CONDITION~: The subject.site is located in the SW 1/4 o~.the SW. 1~4 of t~e N~ 1/4 of Section 23. The quarter/quarter.sec=~on con=a~ns par~ o= the plat of Titus 1st Addition, whlc~ was ann~ed i~t~.Prior Lak~. The Zgning Ordinance and Comprehensive mlan ae=lne a maximum residential dens%ty of 4 units per quarter/quarter section in the rural service area. Each lot of record is subject to a building permit. Due to the grandfather status of the existing, lots of record, the density of the 9uarter/quar~er section will be ? units. The applicant received a building permit for the subject lot of record in 1976. The current 26 acre subject site was then separated from the 2 acre building site. The current application requests 4 additional building p~rmits for a parcel that is not a.lot of record and which was d~vided by the applicant after adoption of the rural density regulation of the Zoning Code in the City of Prior Lake. The zoning of the subject tract is R-1 .R~sidential, C-1 Conservation and S-D Shoreland District. The m~n~mum lot size in a C-1 zone is 10 acres and 2 acres in a Shoreland District. The property is currently planted with alfalfa. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ~ EQU~L oPPo~ru~rY EMPLOYER PLANNING CONSIDERATIONS: There have been three previous applications to increase density within the Rural Service Area, two of which have been denied. The Planning Commission determined in 1987, that DuWade Harris of 15220 Howard Lake Road, failed to demonstrate that hardship existed to grant a variance to increase density and that the request was inconsistent with the Comprehensive Plan. A' similar finding was made for a separate p~operty owned by Mr. Harris in 1980. The two previous applicatlons demonstrate a clear precedence for denial of applications that seek to increase residential density within the rural service area. A third recent application for William Henning was denied at the Planning Commission level, for lack of a ~on~ensus vote, then approved by the City Council according to 9 f~ndlngs of fact used to justify the granting of one additional building permit to the site. DISCUSSION: In the Henning Variance application, the City Council found that under certain conditions rural density may be increased to mainta promote fairness and equity, and yet in consistency with the comprehensive ~lan. It is not the Council's intent to increase the density around previously approved urban islands of development in rural diS~rlC~S. The Council was very careful in the rational used to justify the Henn~ng variance so as not to establish a.precedence inconsistent with plan policy. The review of this variance should be based on the facts as determined by the Council in the Henning variance. The facts as recorded in the City Council minutes on August 17, 1992 are as follows: The majority of the subject quarter/quarter section and immediate area was previously platted 1nto 2 to 3 acre lots under the jurisdiction of Eagle Creek Township. As a result of the previous platting, the subject quarter/quarter section %s urban in character and zoned R-1 single family residential to reflect the higher urban density. 3. The subject site consists of 15 acres. 4. The subject site is a residual piec? of ~reviousl~ urban/zed property, surrounded by higher density, 1s urban in character and abuts the City of Shako~ee. The City of Shakopee provides for a greater density ~n their rural service area. The lot size is consistent with the 4 per 40 acres concept found in the Comprehensive Plan. The location of the home on the subject site will benefit future redivision. The neighborho~d is supportive of the variance based on testimony received on August 3. Under the circumstances it is a reasonable deviation of Prior Lake's Zoning Law, promotes fairness and equity and is not contrary to the general health and welfare of the community. 9. The applicant has agreed to execute and record an Agreement restrl~ting further issuance of building permits on the subject site until serviced by sewer and water. These nine factors define hardship and uniqueness when considering a deviation from the rural density. By way of comparison the following issues are raised. The subject site has never been platted slngle parcel at the time of annexation Township. and existed as a from Eagle Creek Both quarter/quarter sections in which the subject site is located have plptted property and is considered to have a urban type density. This site consists of 26 acres. However, a building permit had been issued to Mr. Bohlen in 1976 when the minimum lot size was 10 acres and 500 feet of frontage on a public road. Mr. Bohlen later divided the 2 acre tract from the larger site for his homesite. The s~bject site.does not abut Shakopee and is not surrounded by .higher density. The land to the south is in an agricultural preserve and actively farmed. One building permit for the entire site would be consistent with the 4 per 40 acre objective of the comprehensive plan but not 4 as requested. If the parcels as proposed indicate the general location of future structures, a further analysis is required to make a determination if there is a benefit. The greatest benefit to future redivision is not to issue a building permit. 7. The neighborhood may or may not be supportive, it is unknown at this time. ® If items 1-7 hold true then this application would also be as consistent with the general health and welfare of the community. The owner ~ay or may not agree to restrict further building on the entire subject property. RECOMMENDATION: Th%s appl%cat%on and the Henning variance have c?mmon elements if this application had requested one buildigg permit ~r~u? ~our. The Council action was intended to provide some rellez =o large tracts of land in quarter/quarter sections with existing urban density. Had the implementation strategy been 10 acre minimum lots than the subject site could have two building permits or one in addition to the one issued in 1976. Under no circumstances should the applicant receive four building permits as requested. Although there may be justification to grant one if the applicant is willing to have it issued to the entire 26 acres. The action depends on Planning Commission comparison of facts. CITY OF PRIOR LAKE ~ APPLICATION FOR VARIANCE Address. /33 F~ ~'~ ~ Work Property Owner: ~ ' B:me Phone: Address: Work Phone: Type of Ownership: Fee .k' Contract Purchase A~ree~ent Consultant/Contractor: Phone :__ ~as the applicant previously sought to plat, rezone, obtain a variance or conditional use pemit on the subject site or any part of it? __.Yes .~No What was requested: When: Disposition: Describe the ty~ of ~reve~nts proposed: (A) Completed application fora. (B)Filing fee. (C) Property Survey indicating the proposed development in relation to property lines and/or ordinary-high-water mark; proposed building elevations and drainage plan. (D)Certified from abstract finn, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Cc~plete legal description & Property Identification Number (PID). (F)~c~ restrictions or private covenants, if applicable. (G)A parcel map at 1"-20'-50' showing: The site develo[~ent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. O~Y (I~PLETE APPLICATIONS ~;~rx. BE ACCEPI'~) A~D RSVI~ BY THE PLANNING (~4MISSION. To the best of my knowledge the infozmation presented on this fora is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for va. riance procedu.res. I agree to prov/~de information and follow the A~i~ants Sign~tu'f~ ~ O~e~'~ Signature '~- ' THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECIDR Puu~u~ ~U~ON ~' APP~ D~ ~-17-9~ OkT~ OF ~A~NG CITY COUNCIL APPEAL __ APPROVe) __ DENIED I1%TE OF HFARI~ (I)5~ITIONS: Signature of the Planning Director Date CITY OF PRIOR LAKE ~ APPLICATION FOR VARIANCE Property O~er: ~...- :, T~ of O~nem~p: Fee .)~ Contract: Consultant/Cont ~acto~: E~isting Use of Property:. ~al Deecription Varian~ B~quested: __ Rome Phone: Work Phone: Purchase Agre~ent , phone: Has the appli=ant pr?.iously sought to plat, rezone, obtain a variance or conditional use pe£mit on the subject site or any part of it? Yes What was requested: When: Disposition: Describe the type of improvements proposed: ~;BMISSION R~CXIIR~EN~S: CA)Completed a~olication fo~m. (B)Fil~ f~. (C)P=o~y ~ ~i~tX~ t~e pr~s~ d~o~t ~ r~ation to pro~r~ l~es ~or ordi~~g~ter ~rk; pr~s~ build~ el~atio~ ~ drai~ge pl~. (D)Ce~ifi~ f~ ~stra~ fire, ~ ~ a~r~ses of pro~y ~ers with~ 100 feet of ~e ~erior ~ries of the s~j~ proart. (E)~lete 1~ descri~ion & Pro~r~ Identifi~tion ~r (P~). (F)~ r~tri~io~ or private ~v~ts, if a~li~le. (G)A ~rcel ~p at 1"-20'-50' s~: ~e site d~o~t ~, build.s: ~rk~g, l~di~, a~ss, surface dra~ge, l~pi~ ~ utili~ se~ice. (I~Y COMI~ETE APPLICATIONS S~%LL BE ACCEPTED A~D RSVIEW~ BY THE PLANNING ~SSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning, Ordinance which specifies requirements for variance procedures. I agree to prov/~de information and follow the procedures as outlined in the Ordinance.~ --~--~ ~--~~- ~- '~ -- ,__~ ~~ . ~;~~~ Submitted this.~_~_day of ~I__197~ {t, /} . / ,.~' /2// .~ // .~,-7 /) l~e O~e~ Signature " ' THIS SPACE IS IO BE FILLED OUT BY T~E PLANNING DIPd~CTOR DATE OF HEARING II~E OF HEARING (I)~ITIONS: Signature of the Planning Director Date August 26, 1992 City of Prior Lake Director of Planning 4629 Dakota St. SE Prior Lake, ~ 55372 Attention: Mr. Horst Graser The applicants, Harold & Judy Bohlen, hereby request a variance on the 8 acres lying east of Pike Lake Trail in the SW 1/4 of SW 1/4 of the NE 1/4 of Section 23, out of the 26 acres now owned by Harold & Judy Bohlen, to create four 1.85 to 2.15 acre building sites, as shown in (exhibit "A"). The size of these parcels are in accordance and compatable with the existing home sites to the north in the Titus kklition. This property was previously under the jurisdiction of Eagle Creek Township, and upon becoming under the jurisdiction of Prior Lake, the R-1 zoning was applied on this property due to the higher density of residential sites bordering the north line of this property. According to this zoning, 23 sites could be platted as shown in (exhibit "B"), sites sizes of compatable area of the Titus Addition. zon/ng on this property is R-1 Suburban Residential and according to the zoning Ordinance, the property could be divided into 10,000 square foot lots with 80 foot widths if sewer is available. Sewer is available according to the attached letter, dated August 4, 1975, (see exhibit "C"), with the sewer stubbed into the southwest corner of this property, (see exhibit "D"). F&)w~ver, applicants are seeking a variance for four 1.85 to 2.15 acre building sites without sewer, unless the City intends to seek permission from the Metropolitan Waste Control Co~m~%ssion to hookup. Said parcels would exceed the residential requirement for Agricultural zoning of 1 acre. The w~st side of this property has 660 feet of frontage on Pike Lake Trail, allowing each parcel 152.5 feet of frontage on a public road, and allow an easement for a public road to serve the 20 acres tothe east for future use. The adjacent property on the north contains lots consisting in size of 1+ to 4+ acres per lot. The south property line has a natural buffer in N S P's power line easement and abuts the Vierling farm which is zoned Agriculture and is currently in preserve status. Concerning this request for a variance, according to the zoning Standards, we feel we have met the specified requirements; 1. Literal enforcement of the ordinance ~Duld result in creating a vacuum around this property, which is already zoned as residential property and has not been farmed in twenty years or so, to hold in suspension until such time as the property to the south is removed from its present preserve status, which if and when either the City or the owner ~uld choose to remove the preserve status, that property ~uld remain in preserve status for 8 more years. 2. Circ%m~tances unique to this property is it is situated in an area of the most northern portion of Prior Lake, abutting a higher density area, is situated in the only area in the City of Prior Lake that is zoned R-1 that is not contiguous with existing R-1 zoning and or planned expansion and is surrounded by natural boundaries on all four sides. 3. This is a residual piece of property that was previously under the jurisdiction of Eagle Creek Township before becoming under the control of the City of Prior Lake. The City zoned this property R-1 along with the properties in the iamwi~liate area, but restricting the intended use of further residential properties when all other conditions are available. 4. The variance observes the intent of the ordinance, produces justice and serves the public interest as rezoning is Dx)t required, (the property is already zoned R-l), is totally isolated by natural buffers, is in total compatability with the surrounding area, is a good and reasonable use of the property and ~uld not set a presedence for other properties. In sunm~xy, this property is isolated in a higher density area with natural buffer areas on all sides, zoned R-l, has sewer available and has 660 feet of frontage on public roads. In the alternative, if the PlanxLing Co~mission is unable to approve the above variance, we seek to submit an alternate plan consisting of two 4 acre parcels, (see exhibit "E"), for same reasons as stated above. Sincerely, Harold & Judy Bohlen 0 HICKORY LAt~£ CITY OF PRIOR LAKE, MINNESOTA 55372 August 4, 1975 Dear Property Owner: The Prior Lake Interceptor is proposed to be tn- stalled in your area this year. Arrangements will be made with the Metropolitan Sewer Board to provide you with sewer service. Enclosed are plans showing the routing of the Inter- ceptor adjacent to your property. Consult your plumber to delermine the best location, for your service and indicate this location in relation to your .property corners on the attached drawing. This drawing should be returned to the office of Israelson & Associates, glO0 West Bloomington Freeway, Suite 185, Bloomington, MN $5431, the consulting engineers for the City, as soon as possible as construction is scheduled to start in the near future. An envelope with the address is also enclosed. If more information is required, please call Naeem Qureshi at 884-5371. Yours truly, ( Michael A. McGuire City Administrator THE CENTER OF LAKE COUNTRY ../ i :ii .I ! Ii ' Ii ._ I I: I ,! CORPORATE CITY LIMITS & G I C) o I j ~ I September 4, 1992 Pat Lynch Department of Natural Resources 1200 Warner Road St. Paul, l~ 55106 Dear Pat, The enclosed information is in regard to a proposed rural subdivision, part of which is within within the Shoreland District of Pike Lake. The subject site is legally described as attgched. A copy of the variance- application and area map indicating the subject site location are enclosed. The.applicant wishes to divide 26 acres of land into five parcels as indicated on Exhibit A. The site is located within the Rural Service Area and as such is not eligible for public sewer and water. The application is considered a rural subdivision located within the Shoreland District of Pike Lake and is subject to standards for unsewered areas of a Natural Environmental Lake. Those standards require a minimum 2 acre lot size. The proposal includes two lots consisting of 1.85 acres. Please review and comment on the enclosed information. The hearing for this item has been tentatively set for September 17, 1992, at 8:15 p.m. If you have questions or comments regarding this matter, contact the Planning Department at 447-4230. Sincerely/ Deb Garross Assistant City Planner Enclosures 4629 Dakota St. $.E., Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER September 4, 1992 Pat Lynch Department of Natural Resou~es 1200 Warner Road St. Paul, MN 55106 Dear Pat, The enclosed information is in regard to a proposed rural subdivision, Dart of which is within within the Shoreland District of Pi~e Lake. The subject site is legally described as attached. A copy of .the variance- application and area map indicating the subject site location are enclosed. The.applicant wishes to divide 26 acres of land iDto_five parcels as indicated on Exhibit A. The site is located within the Rural Service Area and.as such is not eligible for public sewer and water. The application is considered a rural subdivision located within the ShOreland District of Pike Lake and is subject to standards for unsewered areas of a Natural Environmental Lake. Those standards require a minimum 2 acre lot size. The proposal includes two lots consisting of 1.85 acres. Please review and comment on the enclosed information. The hearing f~r this item has been tenta~ively set for September17, 1992, at 8.15 p.m. If you have questions or commen~s regarding this matter,' contact the Planning Department at 447 4230. Sincerely/ Deb Garross Assistant City Planner Enclosures 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY E3VIPLOYER GITY OF PRIOR LAKE, MINNESOTA 55372 August 4, 1975 Dear Property Owner: The Prior Lake Interceptor is proposed to be in- stalled in your area this year. Arrangements will be made with the Metropolitan Sewer Board to provide you with sewer service. Enclosed are plans showing the routing of the Inter- ce~tor adjacent to your property. Consult your plumber to determine the best location, for your service and indicate this location in relation to your property corners on the attached drawing. This drawing should be returned to the office of Israelson & Associates, gl00 West Bloomington Freeway, Suite 185, Bloomington, MN 55431, the consulting engineers for the City, as soon as possible as construction is scheduled to start in the near future. An envelope with the address is also enclosed. If more information is required, please call Naeem Qureshi at 884-5371. Yours truly, Michael A. Mc('~uire City Administrator THE CENTER OF LAKE COUNTRY ./ i I '1' ! ! I i i e H AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: ? - A LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS DISCUSS 1993 PROJECTS - CONSIDER RESOLUTION NO. 92-36 ORDERING PREPARATION OF REPORT ON 1993 PROJECTS NOVEMBER 2, 1992 INTRODUCTION: BACKGROUND: This Agenda item will focus on the implementation of the 1993 construction rojects and the methods for their mplementation. The most important issue to begin the discussion with is which projects should be considered in 1993. Funding of many of the projects will be through Chapter 429 Assessment Bonds. In order to fund projects through 429 bonds, all projects to be funded must be listed throughout the entire public improvement process. Projects can be deleted but not added in the process. Depending on the discussion of the projects considered, ~esolut~on N?. 92-36 may be appropriate with modlficat~on of items which the Council may chose to delete. At the October 19, 1992 Council Meeting, Staff provided the attached project summary list detailing the 1993 Capital Improvement Program. The project numbers correspond with the CIP with the exception of those without numbers which were not in the CIP. The tabulation provides a breakdown for fund%ng along with an indication of who could provide the engineering services. Most of the projects are funded through Chapter 429 Assessment Bonds. Chapter 429 Assessment Bonds can be leveragedto fund other similar roject~ as long as twenty percent of the.bond ssue is assessed. The primary projects Business proposed to be assessed ar? the Office Park and paving of L~me and Center Roads. Other projects proposed by the developer have been included in the list because the developer has requested that the City install the utilities. In these cases, the developer will be assessed for the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AH EQUAL OPPORTUNITY EMPLOYER improvements. Any project which the City ultimately funds through the 429 Assessment Bond must be incorporated into the Preparation of Report on 1993 Improvement Projects. Because of the 429 process, the City can eliminate projects, but cannot add projects to those listed in the aforementioned Report. At the time of issuing bonds, normally the Spring, the Council needs to hay a .firm handle on which projects would ~e either constructed or eliminated. Individual project approvals will be at a future date. Staff would request Council consider the pro~ects listed in Resolution No. 92-36 and eliminate those that the Council does not intend to pursue at this time. Please note approval for individual projects will come at a later date. Staff has included Resolution No. 92-36 for Council consideration authorizing the preparation of the Report on 1993 Improvement Projects. DISCUSSION: In order for Council to evaluate each project, Staff has prepared, in addition to the 1993 CIP Summary, Attachment "A" which is a narrative .for each project number. A corresponding map provides further location detail for some of the p~ojects. Staff will request Council discussion on each of the ~rojects to.determine the level of support and the project should be included in the Report. The Wilds has requested that the City make the public improvements and assess the cost of those public improvements to ~he developer. Staff is concerned about the impact on the City's overall bond rating and subsequent interest rates due to the size of the request, by The Wilds. The Finance Director and Steve Mattson will analyze the impact of this prop?sal and rep?rt ~o Council at a future meeting. At this time, Staff would recommend including The Wilds as a project in the Report to insure future flexibility. Following Staff analysis, the Council may remove The Wilds from the 429 Assessment Bond project list. Staff feels that to construct the potential number of projects in 1993, the 429 process with the preparation of the Report should start as soon as possible. Resolution No. 92-36 calls for the initiation of the preparation of Report on 1993 Improvement Projects. A revised resolution will be done if Council elects t~ eliminate entire projects or portions of projects at this particular time· ALTERNATIVES: The alternatives are as follows: Approve Resolution No. 92-36 authorizing Staff to prepare a Report on 1993 Imp~oyement Projects with or without modlf~cations. Table this item for a specific reason. Deny Resolution No. 92-36. RECOMMENDATION: Recommendation is for Council to discuss the 1993 project list and provide direction as to the number of pro~ects .and type of improvements to be considered in the Report. Resolution No. 92-36 shoUld be approved to allow Staff to begin the process and this resolution will be modified as per Council direction. BUDGET IMPACT: Preparation of the Report will be done by City Staff whose time has been budgeted for in the 1992 budget. ACTION REQUIRED: Motion to approve Resolution No. 92-36 which authorizes Staff to prepare the Report on 1993 Improvement Projects. RESOLUTION 92-36 RESOLUTION ORDERING PREPARATION OF REPORT ON 1993 IMPROVEMENT PROJECTS MOTIONED BY SECONDED BY WHEREAS., it is proposed to construct improvements within Athe following generally described project areas: ~ ~. ~' 1. C SAH 42 from M cKenna Road to 0S3~I/~21 ~/'~-~he construction of sanitary sewer and appurtenant work; 2. Trunk Highway 13 and Five Hawks Avenue Intersection by the construction of a traffic control signal and road channelization and appurtenant work; From the existing Industrial Park and City Maintenance Shop.areas within Section 1 to Markley Lake by the construction of a storm sewer/ponding system and appurtenant work; From Trunk Highway 13 and Candy Cove Trail Pond by the construction of a storm sewer appurtenant work; to Mitchell system and Forest Circle from Fish Point Road to end terminus and within proposed Forest Oaks subdivision by the construction of grading, sanitary sewer, watermain, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing and appurtenant work; Priorwood Street from Five Hawks Avenue to Duluth Avenue by the construction of.grading, aggregate base, concrete curb and gutter, bituminous surfacing and appurtenant work; The bituminous seal coating of bituminous paved streets throughout the city; Fish Point Road from CSAH 44 south to approximately ~v feet within the Greenbriar property by the construction of grading, aggregate base, storm sewer, concrete curb and gutter, bituminous surfacing, sidewalk and appurtenant work; Center Road from Northwood Road to Lime Road and Lime Road from Spring Lake Road to end terminus by the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER construction of storm sewer, curb and gutter, bituminous work; aggregate base, concrete surfacing and appurtenant 10. CSAH 21 from 2000 feet east of Franklin Trail to east City limit line by the construction of storm sewer, concrete curb and gutter, lighting, sidewalk, landscaping and appurtenant work; 11. Proposed Business Office Park located south of CSAH 21 and within Section 1 by the construction of grading, sanitary sewer, watermain, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing and appurtenant work; 12. Carriage Hill Road from CSAH 21 to Pike Lake Trail by the construction of grading, sanitary sewer, watermain, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, sidewalk, landscaping, and appurtenant work; 13. ~ CSAH 42 from Ferndale Avenue to Boone Avenue by the .~ Iconstruction of storm sewer~ concrete curb and gutter, ×~ ~, bikeway, landscaping, and appurtenant 14. Roadway and Parking lot paving ~n the Pond Athletic complex by the construction of grading, aggregate base, concrete curb and gutter, bituminous surfacing and appurtenant work; 15. Five locations within the City limits by the installation of Civil Defense sirens. 16. Streets within the proposed Westbury Ponds subdivision from Willow Lane to Five Hawks Avenue by the construction of grading, sanitary sewer, watermain, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, sidewalk, and appurtenant work; 17. Streets within the proposed "The Wilds" subdivision within Sections 27, 28, and 34, Township 115 North, Range 22 West, Scott Count~, Minnesota by the construction of grading, sanltary sewer, watermain, storm sewer, aggregate base, concrete curb and gutter, bituminous surfacing, sidewalk, and appurtenant work; and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. NOW THEREFORE BE IT RESOLVED BY TNE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the proposed improvements be referred to the City Engineer for study and that he i~ instructed to ~eport the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they should best be made as proposed or in connection with other improvements, and the estimated costs for the improvements as recommended. Passed and adopted this day of , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White (Seal) Kay Kuhlmann Acting City Manager City of Prior Lake ATTACHMENT "A" NARRATIVE OF 1993 PROJECTS 1. CIP 53 - SHAKOPEE MDEWAKANTON SIOUX COMMUNITY SEWER EXTENSION (SMSC) This project is for the sanitary sewer extension from CSAH 42 and CSAH 21 to the Shakopee Mdewakanton Sioux Community property along McKenna Road. The sewer line would serve the residents in the SMSC land within the City of Prior Lake limits and would serve the Regional Recreation Center within the City of Shakopee's city limits. The extension of the sanitary sewer along CSAH 42 to McKenna Road could serve the additional area to the west. A cost to the City of $20,000.00 is estimated for the oversizing and extra depth of that portion of the sanitary sewer in order to serve the City's sewer district to the west. 2. CIP 54 - TELEVISE & SEAL This project is a continuation of the City's program to televise all sanitary sewer lines in order to identify problem areas with inflow/infiltration (I & I) and to take corrective measures in reducing the amount of I & I into the sanitary sewer system. 3. CIP 55 - TRAFFIC CONTROL SIGNAL AT T.H. 13 & FIVE HAWKS AVENUE With the construction of a new County Market grocery store, the traffic counts at the T.H. 13 and Five Hawks Avenue intersection has been ~rojected to increase substantially and may warrant a traffic signal. Additional traffic counts and studies will be done after the store opens to determine if a traffic control signal is warranted. CIP 56 - EXISTING INDUSTRIAL PARK STORM SEWER The drainage area from the ~xisting Industrial Park and the City's Maintenance Shop is an need of a storm sewer system and water quality pond to control the storm water runoff erosion. This pr?ject would construct a storm sewer system to control the soil erosion in these areas and provide a water quality pond to treat the runoff prior to discharge to Markley Lake. 5. CIP 57 - LEMLEY CIRCLE STORM SEWER This storm sewer project will correct an erosion problem from the storm water runoff at T.H. 13 culvert outlet to Mitchell Pond. The drainage channel behind the Lemley Circle residents has been erod%ng in places to an eight foot de?th and fifteen to twenty-fIve feet width. A storm sewer pipe would be installed to correct the problem and the area restored with this project. 6. CIP 58 - FOREST OAKS SEWER~ WATERt AND PAVING This project is developer driven and would improve Forest Circle and provide sanitary sewer, watermain, and street improvements to parcels adjacent to Forest Circle. The developer has indicated to Staff that he would like this project to be installed by the City and assessed to the benefitted properties. 7. CIP 59 - FIVE HAWKS AVENUE AND DULUTH AVENUE This project is developer driven and would provide another connection to the Five Hawks Elementary School. The developer's initial drawing has shown two cul-de-sacs in developing this parcel. Staff feels that Priorwood Street should be a through street from Duluth Avenue to Five Hawks Avenue to provide additional access to the school. 8. CIP 60 - BITUMINOUS SEAL COAT OF CITY STREETS Several existing bituminous paved streets are in need of a bituminous seal coat. Seal coating extends the life of the pavement by rejuvenating the old bituminous wearing surface. 9. CIP 61 - FISH POINT ROAD EXTENSION IN THE GREENBRIAR PARCEL The Greenbriar parcel is being considered for development next year and included is the construction of the MSA Street Collector in this area. Project will be mainly funded by MSA Funds with the remaining funding which is non-eligible for MSA funding to be included in the 429 Bond. 10. CIP 64 - LIME ROAD AND CENTER ROAD Residents on these streets have petitioned the bituminous pavement improvement. These streets are gravel surfaced with no curbing. City for currently Staff has conducted an Informational residents and has received favorable residents in the project. Meeting with the responses from the 11. cIP 66 - CSAH 21 IMPROVEMENTS This project is for the City improvements associated with the CSAH 21 construction to the east City limits line. Project improvements include concrete curb and gutter, storm sewer, lighting, bikeway, sidewalk and landscaping. This project is projected by Scott County to be constructed in 1993; however, the actual scheduling will depend upon Cooperative Agreement Resolution between the County anda Credit River Township. 12. CIP 67 - BUSINESS OFFICE PARK This pr?ject is for the installation of sanitary sewer, watermaln, storm sewer and street .improvements for the proposed Business Office Park in Section I. This project will provide utilities and access to various size lots for industrial/business growth in Prior Lake. 13. CIP 68 - CARRIAGE HILL ROAD This project would construct a MSA Street Collector from CSAH 21 to Pike Lake Trail. The Carriage Hill Road extension would provide access to the plat of Carriage Hills, Leo Vierling parcel and the Grassini/Grothe parcel. Pr?ject will be mainly funded by MSA Funds with the remaining funding which is non-eligible for MSA funding to be included in the 429 bond. 14. CIP 69 - CSAH 42 FROM FERNDALE AVENUE TO BOONE AVENUE This project is for the improvements associated with the County Road construction. City improvements to be considered are concrete curb and gutter, storm sewer, lighting, bikeway, and landscaping. This project is scheduled to be constructed next year. 15. CIP 40 - THE POND ATHLETIC COMPLEX PARKING LOTS AND ROAD PAVING Paving - This project would pave the existing gravel surfaced parking lots and roads within the Pond Athletic Complex. This park is a high use facility and paving would reduce the dust and enhance the park area. 16. CIP 21 - CIVIL DEFENSE SIRENS Plans have been developed to install five sirens to provide civil defense, siren coverage to areas within Prior Lake. Two of the sirens would be Installed to cover SMSC land and would be paid for by the Sioux Community. 17. WESTBURY PONDS SUBDIVISION This pr?ject is developer driven and is for the installation of sanitary sewer, watermain, storm sewer and street %mprovements to the subdivision. The developer has indicated that he may want the City to install the improvements and assess the costs to the benefitting properties. AKb. A £OCATIC 7 FISH CIP $8- FOREST OAKS SUBDIVISION IMPROVEMENTS Z Z 0 Z Z IJiI 0 C I PR AGENDA NUMBER: PREPARED BY: DATE: 7 - B LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS DISCUSSION OF CONSTRUCTION PROJECT INSPECTIONS NOVEMBER 2, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: Staff has experienced difficulty with the developers pro¥iding their own engineering inspection services for developer projects. Because of this situation, Staff believes the City should consider an alternative method for construction inspections. City Staff has been spending considerable time on developer projects. A majority of time spent on site is to enforce construction quality through checking inspections. It appears that developers are not spending the necessary time and resources to ensure compliance with construction specifications through inspections. Staff believes the Council should consider alternative methods to ensuring compliance with construction standards. Infrastructure construction projects are a major investment in the community. Once a p~oject is completed, the ~esponsibility and financial burden for maintaining the system is the city's. Settlements on street and curbs, broken pipes and excess inflow and infiltration and inadequate storm water drainage due to impro?er installation can result from improper ~nspection. To avoid these situations, Staff believes that the City should consider one of two approaches to covering inspections. First the City could hire a consultant to perform daily inspections and testing at a fee covered by the developer. Second, the City could provide Staff to handle the inspections again at a cost covered by the developer. In both cases, the fee for inspection services would be part of the Developer's Agreement. Staff believes that this method of inspection will ~rovide a long term quality product to the C~ty. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDATION: ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: Staff recommends that Council directs Staff to investigate utilizing Staff or a consultant to ~erform the inspections of infrastructure improvements on developer projects and to outline a proposal on how this work will be implemented. The alternatives are as follows: Approve a motion directing Staff .to prepare a proposal for the implementation of City inspection of deve~o?er projects. Table this Item for a specific item. Deny the motion to prepare 9 proposal for the implementation of City inspection of developer projects. Staff would investigate and prepare the ~roposal for the implementation of City Inspection of developer projects. Inspection work would be charged to the developer and would not impact the budget. Motion directing Staff to prepare a proposal for completing inspections of developer projects by City Staff or a consultant. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 7 - C LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS DISCUSS SOLICITING CONSULTANT ENGINEERING SERVICES NOVEMBER 2, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: RECOMMENDATION: The 1993 construction workload will exceed Staff ca~abilities. Staff requests approval to solicit proposals for Engineering services to supplement City staff. The 1993 project workload is of such a magnitude that City Staff is in need of consulting engineering services to complete the work. The inspection assistance requested in Item 7-B is separate from the request for consultant assistance for engineering services addressed in 7 - C, although there may be some overlap in service providers. A Reguest For Proposal (RF~) will be used to solicit bids for the services requested. In the past, engineering services from TKDA has been used to supplement staff resources on specific projects. Staff would anticipate a similar arrangement with one or two engineering companies. Depending on the action taken on previous items A & B, the extent of the Request for Proposals (RFP) will vary. Staff's intent would be to list the scope of services to match the previous discussion. An RFP would be sent to consultants which Staff believes would provide quality services to the City. Staff would interview the consultants and make a recommendation to the City Council. A contract between the City and the consultants would be presented to the City Council. The recommendation is for Staff to solicit consultant engineering services for 1993 projects and construction inspection work on developer's projects as determined by the previous 1993 projects discussion. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: The alternatives are as follows: Approve a motion authorizing Staff to solicit a Request for Proposals from Consultant Engineering firms, to meet with the consultants and develop a contract to be presented to the City. 2. Table this item for a specific reason. 3. Deny the motion for soliciting proposals from consultants engineering firms at this time. City Staff would solicit the proposals from consultants and conduct the interviews in order to make a recommendation to Council at a future Council Meeting. Having Staff solicit the proposals and do the interviews would have no budget impact on the 1992 budget. Costs for engineering services will be paid through individual construction project. A motion to direct Staff to solicit a Request for Proposal from consultant engineering firms and interview firms to to select a firm or firms for engineering services work on 1993 projects.