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HomeMy WebLinkAboutDecember 7, 1992REGUIAR COUNCIL MEETING AGENDA CALL TO 'ORDER 1. 2. 3. Monday, December 7, 1992 7:30 p.m. Pledge of Allegiance Minutes of The Previous Meeting Consent Agenda: a) c) d) e) Consider Approval of Invoices To Be Paid Co~sider Appr0val of Ordingnce ~2:12 Amending Prior Lake City Code Section 5 2 i and Zoning Ordinance 83-6 - Beaudette Rezoning C-1 to R-1 Consider Approval of Resolution 92-3? - A Resolution Entering Into an Agreement With the State of Minnesota For the Reimbursement Monies Through the Federal Anti-DrugAbuse Act of 1986. Consider Approval of Telephone System Upgrade Consider Approval of Payment to Northwest Associated .Consultants For Assistance in Formulating The ~Shoreland Management Ordinance 0 8:00 P.M. 6. 7. Consider Livingston Administrative Land Division and Variance Application .Cg~tinua~ion,-,.of Landscape Ordinance {2-10 Public Hearing Public Hearing - 1993 Operating Budget Consider Carpet Replacement For City Hall 8. Other Business a) Update on The Wilds · b) Discussion of School District Issues · 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 OPPORTUNrI~ EMPLOYER CALL TO ORDER 1. 2, 3, Monday, December 7, 1992 Pledge of All.gland- ................ Minutes of The Previous Meeting - see attached. Consent Agenda: a) Consider Approval of Invoices To Be Paid - see attached. b) c) Consider Approval of Ordinance ~2:12 Amending Prior Lake City Code Section 5 2 I and Zoning Ordinance 83-6 - Beaudette Rezoning C-1 to R-1 - see attached staff report. Consider Approva~ of Resolution 92-37 - A Resolution Entering Into an Agreement With the State of Minnesota For the Reimbursement Monies T~_rough the Federgl Anti-DrugAbuse Act of 1986 The City of Prior Lake as a follow up to entering into the Southwest Metro Drug Task Force~ must adopt a Resolution for the State of Minnesota. All cities involved in the Southwest Metro Drug Task Force must adopt a similar Resolution. By passing this Resolution, we are assuring the Task Force of receivSng Federal matching funds. Resolution 92-37 is exactly the same as Resolution 91-43 adopted by the City Council in December, 1991. Staff recommends as part of the consent agenda that Resolution 92-37 be . approved and forwarded to the State of Minnesota. d) Consider Approval of Telephone System Upgrade -- see attached staff report. e) Consider Approval of Payment to Northwest Associated Consultants For Assistance in Formulating The Shot. land Management Ordinance - see attached staff report. 4. Consider Livingston Administrative Land Division and Variance Application - see attached staff report. Continuation of Landscape Ordinance 92-10 Public Hearing - see attached staff report. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 /~ EQu,~. OPPORTUNFrY 8:00 P~M. 6. Public Hearing on 1993 Operating Budget - C~ty Council's 1993 Budget Publ£c Hearing is scheduled for Monday, December 7 at 8:00 p.m. Council has already received the 1993 proposed budget draft and has held two workshops to discuss the content. Enclosed in the agenda packet is the additional material Council requested at the November 30 Workshop. Staff recommends the following format for the Public Hearing: City Manager's Overview Public comment and discussion City Council discussion and direction staff estimates that the public hearing could last up to two hours although much of the detail should have been reviewed at the workshop meetings. If a continuation of the public hearing is to be made, Council is asked to specify the time and dates. A continuation to December 21 at $:00 p.m. would be appropriate. 7. Consider Carpet Replacement For City Hall. 8. Other Business a) Update on The Wilds - staff will present the latest progress report at the Council meeting. b) Discussion of School District Issues - staff proposes to discuss the memo distributed at the Budget Workshop on November 30, 1992. *All times stated on the Council Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later. 2 MINUTES OF THE CITY COUNCIL November 16, 1992 The Common Council of the City of Prior Lake met in regular session on Monday, November 16, 1992 at 7:30 p.m. in the City Council Chambers. Present were Mayor Andren, Councilmembers Fitzgerald, Kedrowski, Scott, White, Acting City Manager Kuhlmann, Associate Planner Lucast, Planning Director Graser, Assistant City Engineer Loney, City Attorney Kessel and Recording Secretary Birch. Mayor Andren called the meet%ng to order and asked everyone to rise for the pledge of allegiance. The minutes of the November 2, 1992 Council meeting were reviewed by Council. It was noted that on ~age 3, third paragraph from the bottom, line 4, the word "beginning" that the letter b had been deleted. MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO APPROVE THE NOVEMBER 2, 1992 MINUTES AS AMENDED. Upon a vote taken,.ayes by Andren, Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was approval of the Consent Agenda as follows: a) Consider Approval of Invoices To Be Paid b) Consider Approval of Animal Warden Report c) Consider Approval of Building Permit Report d) Consider Approval of Fire and Rescue Report e) Consider Approval of Treasurer's Report f) Consider Approval of Acting City Manager's Temporary Salary Adjustment g) Consider Appointment of Bob Underferth to Economic Development Committee Mayor Andren noted a clarification on Item (f) .... under Action Required on the Staff Report, the salary adjustment should read $565 instead of $585. MOTION MADE BY WHITE, SECONDED BY KEDROWSKI, TO APPROVE THE CONSENT AGENDA ITEMS (a) thru (g) WITH NOTED CORRECTION ON ITEM (f). 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Minutes of the Prior Lake City Council November 16, 1992 Upon a vote taken,.ayes by Andrent Fitzgerald, Kedrowski, and White, the motion passed unanimously. Scott The next order of business was= First Consideration of Ordinance 92-12 Amending Prior Lake Code Section 5-2-1 and Zoning Ordinance 83-6 for Beaudette Lot Split. Associate Planner Lucast discussed details of the request from Bertha Beaudette for rezoning of her property located within a C-1 ~istrict. Lucast presented 9n overhead of the ~oning Map indicating the area under consideration. A short discussion occurred regarding the C-1 and R-1 zoning. Lucast noted that surrounding residents had been notified of ~he pending action and that none of the neighbors had voiced an ob]ection to the proposed rezoning from C-1 to R-1. Due to the fact that Mr. Brimeyer had not arrived, Council agreed to move to the next agenda item which was: Introduction of Bill Dilks, Watershed District Staff Coordinator. Mr. Dilks introduced himself to the Council and briefly discussed the issues of concern to both the Watershed District Board and the City Council. Dilks outlined the Watershed Board's long range plans for dealing with erosion control, flood ponding, water' quality, water volume and wetland restoration. A short discussion followed. The Council thanked Mr. Dilks for his report and asked that he continue to keep them abreast of the Board's progress. The next order of business was: Update On City Manager Search Process and Approval of Position Profile. Jim Brimeyer introduced his assistant, Pam Wunderlich, and reviewed the Position Profile section by section. Several changes and suggestions were discuss~d. Mr. Brimey~r then .reviewed the proposed process for the final interviews with Council and staff. Council concurred that January 28 and 29 would be an acceptable date for the final interviews. A short recess was called. The meeting reconvened at 9=20 p.m. The next order o~ business was= S~aff Presentation o~ the City's Inflow/Infiltration (I/I) Reduction Program. Assistant C~ty Engineer Lone~ discussed the procedure used to televise the City's sewer lines and presented overhead graphs illustrating the fluctuations of ground water entering broken sewer pipes. Loney also discussed the cost savings realized through this process and Council viewed a video of the actual televised procedure. A short discussion followed. Topics discussed under Other Business were as follows= Discuss Possible Meeting With School Board. An extensive discussion occurred regarding the impact of the failed referendum on the.community. Several recommendations were discussed. Council directed staff to review past policy, research previous procedures and draft a letter to be discussed at the November 23 Budget Workshop. Minutes of the Prior Lake City Council November 16, 1992 Reminder of Budget Workshop on November 23, 1992. Acting City Manager Kuhlmann noted that it was necessary to change the time due to a conflict of another meeting scheduled by the Police for the Council Chambers on the same evening. Council concurred that the time to begin the Workshop should be changed to 4:00 p.m. A short discussion occurred regarding completion of the trails in the parks and whether a completion date affected the funding. Staff was instructed to research this question and return to Council with an answer at the next meeting. Councilmember Kedrowski announced that the MVTA would be holding a reception for the State Senators and Representatives on December 2 at 7:00 p.m., and if any Councilmember is interested in attending they should notify Kay or Tom. The next Council meeting will be Monday, December 7, 1992 at 7:30 p.m. There being no further business, the meeting 10:30 p.m. by general consent of the Council. adjourned at Recording Secretary THE FOLLOWING IS A LIST OF INVOICES SCHEDULED FOR PAYMENT ON TUES. DEC. 08, 1992 MISC. DEPTS. Prior Prints Daytimers, Inc. C. H. Carpenter LumBer Co. MN Valley Electric Co. Metro Sales Inc. NSP MN Cellular One Office Supplies O~fice Supplies Misc. Supplies Utilities Copier Service Contract Utilities Mobile Phones GENERAL GOVERNMENT PERA Assn. of Metro Municipalities Citizens League Reiter Signs DCA Inc. Wally's World of Printing Continental Looseleaf Lommen Nelson Cole etc. Copy Equipment Horst Graser Planners Bookstore AlphaMicro Systems Modern Computer R & O Elevator Master Electric Bob's Coffee Service Heating Consultants Burnsvllle Comm. Cleaning Xerox Corp. PUBLIC SAFETY City Share Conference Expense Publication Plaque Professional Services Printed Supplies Printed Suplies Attorney Fees Planning Supplies Seminar Expense Publications Hardware Maintenance Hardware Maintenance Elevator Maint. Contract Eqg. ip~ent Repair Bu½1d½ng Supplies Building Maint. Janitorial Service Copier Supplies Wally's World of Printing Printed Supplies Str~icher's Supplies Holiday Plus Maint. Supplies ~ Office Products Small Tools & Equipment Unxforms Unlimited Small Tools & Equipment Dakota Co. T~chnical College Training Bureau of Crim. Apprehension Training CSC Credit Services Professional 'Services Robert Bce Training Expense Kwik Kate Auto Service Vehicle Maintenance Metro Auto Body Vehicle Maintenance FIRE & SAFETY Emergency Medical Products Communication Auditors Wolf Motor Co. Medical Supplies Equ%pment Maintenance Vehicle Maintenance 367.53 102.63 199.19 193.58 333.95 7,224.29 466.00 171.87 50.00 10.00 90.52 250.00 208.74 78.58 94.50 116.94 40.00 86.00 590.00 202.00 104.92 431.72 104.93 229.32 1,171.50 77.79 135.52 69.85 20.72 211.93 34.08 175.00 350.00 9.70 64.96 62.50 36.00 101.78 35.41 21.25 PUBLIC WORKS Prior Prints LaFry Anderson Shiely Co. Peterson Seed Co. Water Pro R.A.K. Industries Astleford Equipment Minnegasco New Century Construction Total Weather PARK ANDRECREATION Denise Gerde Patty Nyhus Sandra Lewandowski Jean Baudhuin Prior Prints Art Stone Co. Streamline Target Continental Ballet Co. Minntertainment Co. Hennepin County Parks Lisa Conlin Diane Wikstrom Shy Som=ers Mary Ann Mingo Priordale Mall Teri Jo's Floral Terminal Supply Co. Vaughn Supply Co. Bill Mangan Aqua Engineering Inc. Master Electric Co. Novak's Garage Harold Chevrolet Biff's Inc. Pepsi Cola Co. ECONOMIC DEVELOPMENT Prior Prints Nat Wisser WATER UTILITY Feed-Rite Controls MVTL Laboratories Raymond Johnson Supplies Conference Expense Sand & Gravel Repair Supplies Repair Supplies Street Repair Supplies Vehicle Maintenance Utilities Repairs Forecasting Park Program Refund Park Program Refund Park Program Refund Park Program Refund Printed Supplies Dance Supplies Park Program Supplies Park Program Supplies Park Program Park Program Park Program Park Program Instructor Park Program Instructor Park Program Instructor Park Program Instructor Dance Studio Rental Flowers Supplies Park Maint. Supplies Conference Expense Building Maintenance Building Maintenance Vehicle Maintenance Vehicle Maintenance Rentals Rentals Printed Supplies Brochure Chemicals Water Analysis Meeting Expense 18.64 169.46 68.22 38.34 57.89 161.28 15.76 51.85 740.00 150.00 10.00 21.00 10.50 10.50 69.62 38.83 262.50 51.43 828.00 60.00 45.00 615.94 720.00 39.00 57.25 1,545.98 19.16 105.44 141.11 160.39 345.00 72.00 2,176.29 80.34 45.05 10.00 150.21 165.00 26.08 35.00 21.00 SEWER UTILITY Catco CONTINGENCY Sears Larry Johnson PARK DEDICATION FUND G & T Trucking TRUNK RESERVE FUND Repair Supplies Supplies Fire Hall Repairs Rentals 160.96 637.35 65.00 150.00 Valley Engineering Engineering Service 761.12 "RZ3CCi" CONSENT AGENDA PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: COMPREHENSIVE PLAN IMPACT: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: 3 (b) SAM LUCAST, ASSOCIATE CITY PLANNER CONSIDER APPROVAL OF ORDINANCE 92-12 AMENDING PRIOR lAKE CITY CODE SECTION 5-2-1 AND ZONING ORDINANCE 83-6 - BEAUDETTE REZONING C-1 to R-1 DECEMBER 7, 1992 At the November 16, 1992 City Council meeting, the Council considered a request from Bertha Beaudette to rezone 1.3 acres from C-1 to R-1. The rezoning is to allow an Administrative Land Division to occur. The Rezoning to R-1 iS necessary because C°f-1 the ten (10) acre minimum lot size in the zone. No neighbors, utility companies, or government agencies objected to the rezoning division. There no or the proposed land were public objections at both the Planning Commission and City Council meetings. Staff belieVes the site was inadvertently included in the Conservation District. It has none of the land uses or physical features usually associated with Conservation Zoning'. The site is basically flat with a slope to a ravine i~ t~.e northern ~ortion of the lot. It has no slgnlficantphyslcal features, unstable soils or public land uses such as parks, churches, and schools. Refinement of a Conservation District frequently occurs as development progresses agd land does not meet the C i requirements as in this case. The Comprehensive Plan Land use Map i~dicates the intended use is Low Density Residential development - single family dwellings. There are three alternatives available: 1) Approve the rezoning as proposed. 2) Deny the rezoning as proposed. 3) Table the application to request information. more Staff recommends Alternative 1, approving the application as submitted. Approve the rezoning and adopt Ordinance 92-12 to amend the Prior Lake City Code Section 5-2-1 and Zoning Ordinance 83-6 by approving the consent agenda. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR I2tKE ORDINANCE NO. 92-1.2 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 5-2-1 AND PRIOR LAKE ZONING ORDINANCE NO. 83-6. The Council of the City of Prior Lake does hereby ordain: The Prior Lake Zoning Map, referred to in the Prior Lake City Code Section 5-2-1 and Prior Lake Zoning Ordinance No. 83-6 Section 2.1, is hereby amended to change the zoning classifications of the following legally described property to R-l, Urban Residential. LEGAL DESCRIPTION OF AREA TO BE REZONED FROM C-1 TO R-l: Ail that part of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4), Section one (1), Township one hundred fourteen (114), Range twenty-two (22), described as follows: Commencing at the Southeast corner of Costello's Addition to Prior Lake, Scott County, Minnesota, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said county and state, thence running due north along the East line of said Costello's Addition to Prior Lake one hundred fifty (150) feet, thence due East one hundred (100) feet, thence South parallel to the East line of said Costello's Addition to the Northerly line of the Credit River Road which said Northerly line is one hundred sixteen (116) feet from the center of the track of Chicago, Milwaukee and St. Paul Railroad, thence Northwesterly along the North line of the Credit River Road to the place of beginning. and All that part of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) of Section One (1), Township one hundred fourteen (114), Range Twenty-two ~22) described as follows: Commencing at a point one hundred fifty (150) feet North and one hundred (100) feet East of the Southeast corner of Costello's Addition to Prior Lake, Scott County, Minnesota, according to the plat thereo~ on file and of record in the office of the Register of Deeds in and for said County and State, thence due East one hundred forty (140) feet, thence South parallel to the East line of said Costello's Addition to the Northerly line of Credit River Road, thence Northwesterly along the North line Credit River road to a point due South of place of beginning, thence North to place of beginning. This ordinance shall become effective from and after its passage and publication. Passed by the day of City Council of the City of Prior Lake this , 1992. ATTEST: City Manager Mayor Published in the Prior Lake American on the , 1992. day of Drafted By: Sam Lucast, Associate City Planner City of Prior Lake 4629 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 92-37 A RESOLUTION ENTERING INTO ANAGREEMENTWITHTHE STATE OF MINNESOTA FOR REIMBURSEMENT MONIES THROUGH THE FEDERAL ANTI-DRUGABUSE ACT OF 1986 MOTIONED BY SECONDED BY WHEREAS, the Minnesota Department of Public Safety has been designated to administer Law Enforcement funds available through the Federal Anti-Drug Abuse Act of 1986; and WHEREAS, the City is eligible to receive funds for services set forth in its grant application. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: The City of Prior Lake enter into an agreement with the State of Minnesota, Department of Public Safety, to reimburse the City for monies spent for approved activities in connection with this grant application. The City Manager is hereby authorized to execute said agreement and any amendment thereto. Passed and adopted this 7th day of December , 1992. YES NO Andren Andren Fitzgerald Fitzgerald Kedrowski Kedrowski Scott Scott White White (Seal} D. Kay Kuhlmann Acting City Manager City of Prior Lake 4629 Dakota St. S£., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER E~o CONSENT AGENDA: REQUESTED BY : SUBJECT MATTER: DATE: 3 (d) RALPH TESCHNER, FINANCE DIRECTOR CONSIDER APPROVAL OF TELEPHONE SYSTEM UPGRADE DECEMBER 7, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The City's telecommunic=tion requirements have grown extensively over the past years. These needs have been identified and conveyed to several companies through RFP's (request for proposals) in an effort to develop the best system with respect to effectiveness, and overall cost. Several submissions were reviewed and Staff has narrowed the choices down to two proposals for ~pecific purposes _ of technological comparison, cost evaluation and Council consideration. The two business phone systems are AT&T and Toshiba, both leading companies within the telephone industry. Our current phone system is ten years old and basically has reached its maximumutilization. The current system was purchased in 1983 from Toshiba at an approximate cost of $9,440.00.The initial installation occurred in conjunction with the building addition expansion of City Hall. We have experienced increasing degradation of phone reception quality, however the present Toshiba_system has been quite reliable over this time span. The real necessity ~or upgrading is premised upon the foilowlng ob~ectives: 1. Direct Phone Link to the Police Department Presently nearly 40-50% of all incoming calls are generated to the Police Dept. Transferring these phone calls from the administration receptionist to the police downstairs creates a real opera,or ~ inefficiency in duplication of tasks and time utilization. A separate phone number with rollover lines within the Police Department will resolve this issue. 2.0pen Additional Phone Lines for Use. Presently the _City is experiencing a shortage of available _lines for outgoing calls. The lines are tiedup thereby not only inconveniencing both the public but also resultina in response delays by Staff. 4629 Da~taSt.$.E.,Prior ~Minnesota55372 r Ph.(612)42~74230 / F~612)~,47-4245 ~ EQU~ OPPORTUNITY EMPLOYER Elimination of this bottleneck would be achieved by freeing up5 additional lines with the separation of police calls. Pooling of the lines would actually allow rollover to lines not in use in both the Police and Administration levels, thereby maximizing utilization. 3. Automated Attendant An automated attendant will handle calls in a swift and. courteous manner, instructing callers on now to proceed thereby relieving long ring delays, extensive waits on hold and ring-no-answers. It can relieve much of the operator's workload, freeing them for other .duties, an~ can act as a backup answering calls when the receptionist is busy. Incorporating such automation features allows for greater utilization of existing personnel and, at the same time, provide quicker access to.department personnel by the Public. An au=omated attendant provides faster call destination by allowing direct dialing simply by touch tone activation versus routing by call transfer. Yet at the same time, the option of personal contact with the receptionist is also provided. A directory listing for callers, both alphabetical and departmental, may be made available by menu selections. 4. Voice Mail Voice messaging on a broad application can be extremely advantageous. The system is designed to eliminate "telephone tag" and incorrect messages by providing voice mail boxes. Other features include beeper notification whereby a beeper can be automatically dialed upon message reception or screened for urgent messages only. 5. Digital Phone Technology Higher quality of voice tone is derived 'from digital phone systems as opposed to electronic phones of the past. Because a digital system is software driven it is more reliable_ than electronic_ voiltages and is not subject to associated interferences such as radio waves, short wave and other static effects of electricity. Based upon assessment of the aforementioned needs Staff solicited and received the following proposals. The system bid was to accommodate 13 central office lines and 45 digital stations expandable to a combination of 96 ports/lines and or phone stations to prov%de adequate growth and flexibility in conflgurat!on. Each of the RFP's have included the tradeTln value of our present phone system in computing the net cost of their respective bids. COMPANY NAME TELEPHONE SYSTEM COST ESI Communication 15500 Wayzata Blvd. Wayzata, MN Toshiba Strata $18,000.00 CommWorld Toshiba Strata $22,000.00 10907 Valley View Rd Eden Prairie, MN AT&T 1650 West 82nd St. Bloomington, MN AT&T Merlin'II $24,850.00 During the course of.analyzing the individual p~oposals, Staff visited each site and and was given a cursory demonstration of how the system would function and address our particular needs. For the most part they all satisfied our basic requirements. However, AT&T's proposal was based upon a refurbished system because they were unable to price a package within our price range. The Toshiba Strata phone system proposed by ESI Communication came out on top, Primarily because of the ease of use of their voice mail and auto attendant system known as Compass, their areawide support network and lower cost of the overall system. BUDGET IMPACT: Within the Buildings & Plant department.of the 1992 Budget funds have been reserved in the amount of $5,000.00 as an initial installment for a lease ~urchase financing agreement. Future allocations have been incorporated ~nto the 1993 CIP, recently adopted by the City Council. Assuming the Toshiba DK96 Strata system proposed by ESI Communications Inc. is approved, the following %easing option would be entered into by the C~ty of Prior Lake: 36 MONTH LEASE PURCHASE ($1.00 buyout) Lease factor - .03329 Interest Rate - 12.15% Purchase Amount $18 000 00 Initial Pa~ent ~ '~ Financed Amount ... ~13(000 O0 Monthly Installment ... ~432 ~ 77 Total Interest Cost ... $2,579.72 Total System Cost ... $20,579.72 RECOMMENDATION: Accomplishing the preceding goals will increase ~roductivity 9nd enhance the telecommun~cation capabilities of the City. Therefore Staff would recommend that the replacement of our current phone system be awarded to ESI Communications Inc. ALTERNATIVES ACTION REQUIRED: The available alternatives are outlined below for Council consideration: 1. Approve the ESI proposal for upgrading the City's telephone system. 2. Select another vendor which the Council deems more appropriate. 3. Reject all proposals and continue with our existing telephone system. Motion to award the City's telephone system upgrade in the amount of $18,000.00 to ESI Communication Inc. as part of the consent agenda is in order. AGENDA NUHBF~: PREPARED BY: SUBJECT: DATE: 3(e) KAY SCHMUDLACH, ASSISTANT CITY MANAGER CONSIDER APPROVALOF PAYMENT TO NORTHWEST ASSOCIATED CONSULTANTS FOR ASSISTANCE IN FORMULATING THE SHORELANDMANAGEMENT ORDINANCE DECEMBER 7, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The City Council authorized the retention of Northwest Associated Consultants, Inc. to provide professional services regarding the adoption of the Shoreland Management Ordinance. The City Council has met withMr. Grittman of Northwest Associated Consultants, Inc. on two occasions to discuss the proposed Shoreland Management Ordinance revisions. Council will be reviewin~ the revisions at a later date possibly using workshop(s) and/or the required public hearing process. The City Council was advised that the payment of the consultant service was reimbursable by a 50% state grant administered by t~e DNR. The grant was to be given following the adoption of the ordinance by JanUary 4, 1993. Staff does not believe the Council can meet this date and has applied to the DNR for an extension of the adoption date (see attached letter). The request specifically calls for a sixty day (March 4) adoption date. staff has not received approval of the extension but is aware of other municipalities who have received the extension. At this time Northwest Associated Consultants Inc. is requesting partial payment for services rendered to date. The bill is for $1,773 26. The total budget for the project is $3]§00.00. Staff believes the Council should pay for this cost through the 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYE~ tl~_e oo~nt a~nda ~tll of. alternative ~[1. ~AGN3a west clated onsultants, inc. City of Prior Lake City Administrative Offices 4629 Dakota Street S.E. Prior Lake, MN 55372 PRIOR ~..'~ Attn: Horst Graser HRS. RATE INVOICE DESCRIPTION 5775 Wayzata Blvd Suite 555 St. Louis Park, MN 55416 (612) 595-9636 Date: November 3, 1992 Job No: 199.01 Invoice No: 4342 AMOUNT 5.1 55.00 4.5 55.00 1.4 55.00 4.4 55.00 1.5 55.00 19.2 27.50 3.5 27.50 1.5 27.50 6.0 23.00 Fee for professional services rendered during the month of September and October 1992 with regard to SHORELAND ORDINANCE. Principal (S.G.) 9/14-18/92 Background work, outline detailed work program, fax information to City Manager, prepare for and attend meeting with planner, site visits around lake area. 9/21-25/92 Prepare work program and lettems to City, assist staff on project initiation and program details. 9/28-10/01/92 Job review, assist staff with initial draft format, initiate cover report. 10/12-16/92 Prepare for and attend Council/Planning Commission meeting notes to file on meeting follow-up process, site visit around lake areas. 10/28-29/92 Review comments from City, meeting with staff on ordinance preparation, call from Council member. Planner/Analyst (A.H.) 9/22-25/92 Staff meeting discussion of project, draft ordinance comparison report, draft outline for cover memo. 9/28-10/01/92 Draft outline for background report to be submitted with ordinance, review comments on draft ordinance. 10/30/92 Staff meeting discussion of changes to ordinance. 280.50 247.50 77.00 242.00 82.50 528.00 96.25 41.25 Secretarial 138.00 Mileage 32.00 Photocopies 7.05 Postage 1.21 TOTAL AMOUNT DUE THIS INVOICE ........................................ $1,773.26 PROJECT BUDGET THIS BILLING BUDGET REMAINING $3,500.00 1,773.26 $1,726.74 PAYABLE UPON RECEIPT November 23, 1992 Department of Natural Resources Pat Lynch, Area Hydrologist 1200 Warner Road St. Paul, MN 55106 Dear Pat, This letter is in response to our conversation last week relative to the time frame for the City of Prior Lake to adopt revised Shoreland Management Rules. The purpose of this letter is to request the Department of Natural Resources to authorize a sixty day time extension to formally adopt the new rules. The City also requests consideration to allow the extension of the matching grant, offered b~ the Department, for adoption and implementation of the new ru~es. The City of Prior Lake has retained Steven Grittman of Northwest Associated Consultants, Inc., to assist in the shoreland ordinance revision process. See attached agreement dated September 16, 1992. Attached is a memorandum dated September 22, 1992 outlining the anticipated time. frame for ordinance adoption. The City has worked with Mr. Grittman and has thus far considered two draft ordinances dated October 6, 1992 and November 9, 1992. On November 12, 1992 the City Council hosted a public workshop to discuss the shoreland management revisions and process. At that time, Mr. Grittman was directed to incorporate changes to the model ordinance related to conditional use permit procedures for the combination of substandard lots and to revise chapters concerning water oriented accessory structures and ~sland development zones. Once the language is drafted' Mr. Grittman will mail copies to City Officials for review. The City Council will decide at that poin% on a future course of action to adopt the revised rules which may include additional workshops prior to the initiation of the public hearing process. At this point, accomplished. the adoption deadline of January 4, 1993 cannot be However, staff feels ~hat a sixty day extension to March 4, 1993 would allow the City time to hold public hearings before the Planning Commission and City Council to adopt revised shoreland rules. It is my understanding that several communities similar extensions for formal adoption of ordinances. Please consider the request by the have requested their shoreland city of Prior 4629 Dakota St. SE., Pdor Lake, lVlfnnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AH EC~L ol~3m*ul~'Y 19.~OYER Lake to extend t~e adoption deadline and eligibility for matching grant runes aha xnzorm mo o~ your decision, ?ho City has retained a consultant and held public discussion of the rules to date. to revised .However, due PUblication requirements and the onset of the Holiday Season, the City will be unable to meet the January 4, 1993 deadline originally established by the Department of Natural Resources for adoption of the shoreland management rules. If I can provide additional information or be of assistance this matter, please contact me at 447-4230. in $incere ly, DebOrah Ann Garross Assistant City Planner City of Prior Lake cc Kay Kuhlmann Horst Graser "AP09CC" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 4 SAM LUCAST, ASSOCIATE CITY PLANNER CONSIDER LIVINGSTON ADMINISTRATIVE DIVISION AND VARIANCE APPLICATION DECEMBER 7, 1992 LAND INTRODUCTION: BACKGROUND: In 1991, Randell Livingston was issued a building permit to construct a duplex at 16180 Evanston Avenue $.E. The site and structure has met all applicable codes for a duplex. In addition, the duplex also meets state building codes and local standards for twin homes. Mr. Randell has completed the structure and is sell%ng it as a twin home. This concept requires a land division along the common wall together with a declaration of covenants, conditions, and restrictions. Unfortunately, Prior Lake's Zoning code does not contain a provision for converting .duplexes to twin homes. The only avenue is to follow the subdivision code which will also require the filing of four variances. The resulting two lots are deficient in size and width. The followigg variances are required for the conversion of the duplex to a twin home. Parcel A - 16180 Evanston Av Parcel B - 16182 Evanston Av 19 ft. lot width variance 55 sq. ft. area variance 18.3 ft.lot width variance The subject site is located in an R-2 Residential District which requires 6000 square foot minimum lots and 60 feet of width. The subject neighborhood consists of predominately older homes on 50 to 75 foot lots. Although ~he R-2 Zone is more conducive to rental situations than the R-1 District, this neighborhood has few rental conditions. Consequently the conversion of this duplex to two owner occupied units is consistent with the character of the neighborhood. Land use studies have verified that owner occupied units maintain higher property values and a higher degree of maintenance than rental units. The variances in this situation would 4629 Dakota St. $.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER DISCUSSION: not be detrimental to the general health and welfare of the neighborhood and community. As part of the Administrative Land Division process, abutting land owners are notified of the proposal. With the inclusion of a variance, property owners within ?ne hundred (100) feet of the exterior boundaries of the property are notified. They are given ten (10) days to object to the proposal. The City did not receive any objections in writing or by phone within the time limit. Utility companies and City departments are also given the opportunity to comment on the proposed development. Utility companies had no comments, and the only comment from the City Staff was regarding turf establishment and receiving drainage and utility easements. The applicant must provide to the City in a quit claim deed, drainage and utility easements for the perimeter of the lot. The easement shall be five (5) feet wide on the side property lines and ten (10) feet wide at the front and rear lines. The bare soil on site must have turf established and erosion control maintained until the turf is established. Hay bale erosion control is currently on site and functioning. Obviously it will be impossible to establish turf at this time of yegr. Therefore, the city will require a certified check in the amount of five hundred dollars ($500) to insure the sodding. If the applicant does not sod the area by June 1, 1993, the City will sod it and charge the applicant accordingly using the funds from the certified check. The applicant has supplied a Declaration of Covenants, Conditions, and Restrictions which apply to the structure and lots (attached). ~hls is a binding l~gal document which indicates definitions, rights, responsibilities, etc. applicable to almost any instance. This is an essential document for an ownership of this type. It prevents one owner from allowing their half to devalue the other half or from having a negative impact on the other unit. Specific criteria are indicated for building materials, repairs and damages, and exterior uses. Both parties must abide by these rules. COMPREHENSIVE PLAN IMPACT: The Comprehensive Plan Land Use Map indicates medium density residential land use. A twinhome or duplex is the intended type of structure for this land use density. The zoning corresponds to the land use. ALTERNATIVES: There are four possible alternatives: 1) Approve subdivision as .requested with conditions. 2) Approve subdivision with changes 3) Table subdivision for more information 4) Deny subdivision application city RECOMMENDATION: Staff recommendS alternative 1, the subdivision as requested conditions. approval of w~th City ACTION REQUIRED: Motion to approve Randell Livingston's Administrative Land Division and variance for 16180 and 16182 Evanston AVenue subject to providing the City drainage and utility easements, and a cashiers check for $500 as security for turf establishment. CERTIFICATE OF SURVEY Pcepac'~d ~o~' ~ ~I~DI* LIVIIlGS~OM ! / PARCEL A DESCRiPtiON The ~outh 28.00 feet of Lot 2 and the nocth 13.00 feet of Lot 3, BXock Il, PRIOR LAKE, according to the cecogded plat theceof, ~cott County, Minnesota. PARCEL R DESCRIPTION That pact of LOt 3 lyLng south o£ notre 13.00 feet theceof and the noc~h 5.00 test of Lot 4, block ll, PRXOR a~cocdtng to the cecocded plat thereof, Sco~t County, Minnesota. D~RO~ ~CO~ monumen~ aet, aec Denotes £con monument ~ound CITY OF PRIOR LAKE /-- /$~.17 '*C SUB,JECT SITE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is made by RANDELL M. LIVINGSTON, single (the "Declarant"). RECITALS: 1. The Declarant owns the Property and has constructed a two-family residence thereon. 2. The Declarant desires to provide for the maintenance of the Property and the easements necessary to the use and efficient operation thereof. NOW, THEREFORE, the Declarant hereby declares that the Property is made subject to the covenants, conditions, restric- tions and easements herein (the "Covenants"). 1. DEFINITIONS. (a) Basic Definitions. The following words, when used in this Declaration, shall have the following meanings: (i) "Property" means the real property described in Section 2. (ii) "Living Unit" means any portion of a building situated upon a Lot and intended for use and occupancy as a residence by a single family. (iii) "Lot means any parcel within the Property, whether or not platted, upon which a Living Unit is situated. (iv) "Owner" shall mean one or more persons or entities who hold the record title to any Lot subject to this Declaration, but excluding in all cases any party holding an interest merely as security for the perform- ance of an obligation. If a Lot is sold under a recorded contract for deed, then the purchaser (rather than the fee owner) will be considered to be the Owner. (v) "Mortgagee" means any person named as mortgagee or any successor to the interest of such per- son under any mortgage of record or other security interest by which a Lot or any part thereof is encumbered. (b) Additional Definitions. The following terms are defined elsewhere in this Declaration as follows: Term Section Defined Covenants Declarant Declaration Preamble 2. PROPERTY SUBJECT TO THIS DECLARATION. The property which shall be held, conveyed and occupied subject to this Declaration is legally described as follows, to-wit: The South 28.00 feet of Lot 2, all of Lot 3 and the north 5.00 feet of Lot 4, Block 11, PRIOR LAKE, Scott County, Minnesota. 3. COVENANTS FOR INSURANCE. (a) Maintenance of Insurance by Owners. Each Owner of a Lot, including the Declarant, by acceptance of a deed or other conveyance therefor, whether or not expressed in such conveyance, covenants to obtain, maintain and timely pay the premium on a policy of fire, extended coverage, vandalism and malicious mischief with all-risk endorsement insurance..The insurance shall cover a minimum of the entire replacement cost of the Living Unit located on each such Lot. (b) Repair of Living Unit After Insured Loss. If any Living Unit is destroyed or damaged by causes covered by the insurance in Section 3(a), all insurance proceeds shall be paid to the Owner and the first Mortgagee of the Living Unit. The insurance proceeds shall be applied and administered as follows: (i) The insurance proceeds shall be deposited by the Owner and the first Mortgagee in escrow with a mutu- ally acceptable title insurance company to be held and disbursed as provided herein. (ii) The Owner of the destroyed or damaged Living Unit shall, within thirty (30) days after the insurance proceeds are deposited with the title insurance company under Section 3(b)(i), enter into a firm contract with a qualified builder for the restoration of the Living Unit to substantially the same condition as existed immediately prior to the loss. However, no contract shall be entered into by the Owner for an amount in excess of the insurance proceeds then held by the title insurance company for the Living Unit until additional funds sufficient to pay all construction costs, as determined by the title insurance company, are deposited in escrow by the Owner. The first Mortgagee shall have the right, but not the obligation, to deposit the addi- tional funds in excess of the insurance proceeds that are necessary to permit restoration. The restoration shall be commenced and completed with due diligence and in no event shall the contract provide for a completion date later than one hundred eighty (180) days after exe- cution of the contract. (iii) If the Owner of the destroyed or damaged Living Unit fails to enter into a contract for the restoration of the Living Unit as provided in Section 3(b)(ii), or if the restoration is not commenced or com- pleted as provided in Section 3(b)(li), the first -2- Mortgagee of the destroyed or damaged Living Unit or the Owner of the adjoining Living Unit, with the consent of the first Mortgagee of the destroyed or damaged Living Unit, shall have the right, but not the obligation, to enter into those contro¢t~ d~med necessary to complete the restoration and to have the insurance proceeds applied in satisfaction of any obligations incurred under such contracts, without liability of any kind to the Owner of the destroyed or damaged Living Unit. (iv) Disbursement of the funds on deposit under Section 3(b)(i) for restoration contracts entered into under Sections 3(b)(ii) and (iii) shall be made by the title insurance company, subject to the following: (aa) Section 5 entitled "Architectural Control" shall apply to the restoration. (bb) The prior receipt by the title insurance company of written consent of any party holding a lien on the Living Unit. (cc) The prior receipt by the title insurance company of such sworn construction statements, lists of subcontractors, lien'waivers and receipts as it shall determine to be appropriate. Disbursement may be by periodic or progress payments, and the title insurance company may make such inspections and withhold such payments as it deems necessary to insure completion in compliance with the plans and specifications. The title insurance company shall be entitled to charge, and the Owner of the damaged or destroyed Living Unit shall pay, a reasonable fee for the services ren- dered by the title insurance company. (dd) If a contract is entered into under Section 3(b)(ii), the written consent of the Owner to the disbursement. (v) If a restoration contract is, for any reason, not entered into under the provisions of Sections 3(b)(ii) and (iii) within one hundred eighty (180) days after deposit of the insurance proceeds for a destroyed or damaged Living Unit with the title insurance company, the title insurance company shall disburse the insurance proceeds to the Owner and each Mortgagee of the Lot, as their interests may appear. (vi) Nothing contained in this Section 3(b) shall be construed to make the first Mortgagee or any other person other than the Owner of the destroyed or damaged Living Unit responsible for collection or noncollection of any insurance proceeds. Such first Mortgagee or -3- other persons shall be responsible only for the insur- ance proceeds which come into their hands. The Owner of the destroyed or damaged Living Unit shall collect or cause to be collected from the insurance carrier involved, the proceeds of the policy covering his Living Unit for deposit with the title insurance company as aforesaid. (c) Waiver of Subrogation. To the extent permitted by the standard Minnesota form of fire and extended coverage insur- ance with all-risk endorsements and to the extent benefits are. paid under such a policy, the Owner of each Lot or Living Unit upon the Property does hereby release the Owner of the adjoining Lot or Living Unit from all claims for damage or destruction of their respective physical properties if such damage or destruc- tion is covered by the standard Minnesota form of fire and extended coverage insurance. (d) Priority Over Insurance Proceeds. No provision contained in this Declaration shall be construed to give, nor shall any Owner have, priority over any first Mortgagee with respect to the distribution for or on behalf of any Lot of any insurance proceeds~ The distribution of insurance proceeds for any reason whatsoever shai1 be made to the Owner only after securing in each individual case the specific consent to such distribution by the first Mortgagee of the Lot. 4. PARTY WALL. (a) General Rules of Law to Apply. Each wall which is built as part of the original construction of any Living Unit on the Property and which is used as a wall in con- nection with the construction of any other Living Unit, shall constitute a party wall, and to the extent not inconsistent with the provisions of this Section 4, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. (b) Share of Repair and Maintenance. The cost of rea- sonable repair and maintenance of a party wall shall be paid equally by the Owners who are using the wall at the time of com- pletion of such repair and maintenance. (c) Destruction or Damage. If a party wall is destroyed or damaged by any cause, any Owner who has use for the wall may restore it, and shall have an easement upon the adjoin- ing Living Unit for such restoration. If any other Owner there- after makes use of the wall, he shall contribute to the cost of restoration in proportion to such use without prejudice, however, to the right of the Owner making the restoration to call for a larger contribution from the other under any rule regarding liability for negligent or willful acts or omissions. (d) Weatherproofing. Notwithstanding any other provi- sion contained in this Section 4, any Owner who, by negligent or willful act, causes the party wall to be exposed to the elements -4- shall bear the whole cost of furnishing the necessary protection against such elements and repairing any resulting damage. (e) Right to Contribution Runs With the Land. The right of any Owner to contribution from any other Owner unaer this Section ¢ shall be appurtenant to the Lot and shall pass to such Owner's successors in title. 5. ARCHITECTURAL CONTROL. (a) Restrictions Applicable to Replacement and Restoration. The Owner of a Living Unit shall replace or repair the exterior components of his Living Unit with similar components of the same design, quality and color, and shall paint or stain the exterior of his Living Unit with paint or stain of the same quality and color of the existing exterior. Such Owner may not, either in the course of ordinary replacement, remodeling or restoration after damage or dest,ruction, employ dSfferent siding or roofing material or a different color scheme without the consent of the Owner of the adjoining Living Unit. (b) Restrictions Applicable to Exterior Improvements. Except for improvements or alterations by the Declarant or a successor developer, no building, fence, wall, walkway, patio or other structure shall be commenced, erected or maintained upon any Lot; nor shall any exterior addition, change or alteration be made to any Living Unit; nor shall any shrubs, trees or bushes be placed within a Lot or any thing of a permanent nature be placed, planted or constructed within a Lot, exterior to the Living Unit thereon, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to, and approved in writing as to harmony of external design and location in relation to the surrounding structures and topography by, the Owner of the adjoining Living Unit. If the Owner of the adjoining Living Unit fails to approve or disapprove the design and location within thirty (30) days after submission of the plans and specifications to him, or in the event that no action to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Section 5(b) shall be deemed to have been fully complied'with. The prevailing party in an action brought by the Owner of the adjoining Living Unit under this Section 5(bi shall be entitled to recover from the other party reasonable attorney's fees and costs incurred in connection therewith. (c) Commencement of Action to Enjoin Addition or Change. The failure to submit plans and specifications to the Owner of the adjoining Living Unit under Section 5(b) shall con- stitute grounds for an action to enjoin any such addition, alteration or change, provided that the action for injunctive relief is commenced prior to the completion of the addition, alteration or change. 6. EXTERIOR MAINTENANCE. (a) General Maintenance Obligation. Each Owner shall maintain, in good condition and repair, his Lot and all exterior improvements thereon, including, -5- but not limited to, the exterior building surfaces, roofs, gutters, downspouts, walkways, driveways, patios, fences and individual utility installations on or serving his Living Unit. If an Owner fails to perform his obligations under this Section 6(a), or if the need for repair or maintenance is caused by the negligent or willful acts or omissions of the Owner, and upon ten (10) days written notice to such Owner~ the Owner of the adjoin- ing Living Unit shall have the right, but not the obligation, to enter the Living Unit of the defaulting Owner and make or perform the repairs or maintenance. In such event, the defaulting Owner shall immediately reimburse the Owner of the adjoining Living Unit for all amounts expended or incurred in making the repairs or maintenance, together with reasonable attorney's fees and costs of collection thereof. (b) Common Utilities Maintenance Obligation. If any of the Lots are served by common utility lines, the cost of the rea- sonable repair, maintenance and restoration of such common util- ity lines shall be shared equally by the Owners of the benefited Lots. If any common utility line needs repair or maintenance and any Owner fails or refuses to participate in the cost thereof, any other Owner shall have the right, but not the obligation, after reasonable notice to such Owner, to enter upon and make or perform the necessary inspection, repairs and maintenance to the common utility line. In such event, the Owner making or perform- ing the inspection, repairs or maintenance shall be entitled to contribution from any nonparticipating Owner for the proportionate share of the amount expended or incurred therefor, together with reasonable attorney's fees and costs of collection thereof. (c) Access for Emergency Repairs. In case of an emer- gency originating in or threatening any Lot or Living Unit, the Owner of the adjoining Living Unit shall have an immediate right of entry onto the Lot or Living Unit of the other Owner. The Owner of the adjoining Living Unit, in making such entry onto such Lot or Living Unit, shall use reasonable care to avoid unne- cessary damage to the entered Lot or Living Unit. Any cost or expense incurred to remove the emergency condition shall be the obligation of the Owner of the entered Lot or Living Unit, who shall indemnify and hold the entering Owner harmless from any and all liability therefor. Ail such entries shall be made and done so as to cause as little inconvenience as possible to the Owner of the entered Lot or Living Unit. 7. EASEMENTS AND RIGHT OF LATERAL SUPPORT. (a) Uninten- tional Encroachment Easement. If the centerline of the party wall between the Living Units is not coincident with the dividing line between the Lots upon which the Living Units are constructed for the length of the party wall, or if any other portions of a Living Unit encroach upon the adjoining Lot because of settling or shifting of the building or other cause, then the Owner of the Lot with the encroaching Living Unit shall have an easement over the adjoining Lot for such encroachment so long as the encroachment shall exist. -6- (b) Vtility Easement. The title of each Owner to his Lot shall be subject to an easement for any common utility installations to the extent they encroach upon his Lot, and each Owner shall have an appurtenant easement for any common utility installations to the extent they encroach upon adjoining Lots. (c) Owner's Right of Lateral Support. Each Owner shall have the right to lateral support for the Living Unit on his Lot. (d) Duration of Easements and owner's Rights. The easements and right of lateral support created hereby shall be appurtenant to and pass with the title to each Lot. (e) Restoration Obligation. Ail inspections, repairs or maintenance to the utility systems on the Property shall be made or performed so as to minimize damage to the Lots, which shall be restored to their original condition promptly upon com- pletion of the work by the Owner causing the damage. 8. BUILDING AND USE RESTRICTIONS. (a) Residential Use. Each Lot shall be used for residential purposes only, except the Declarant may maintain a model Living Unit and management and sales offices on the PropertY. (b) Animals and Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, if they are not kept, bred or maintained for any commercial purpose. (c) Signs. No sign of any kind shall be displayed to the public view on any Lot, except a "For Sale" or "For Rent" sign may be displayed, and the Declarant may maintain such signs as he deems appropriate to advertise the Property for marketing purposes. (d) Storage or Disposal of Garbage. Garbage, rubbish and trash shall not be kept on a Lot except in sanitary containers. Ail incinerators or other equipment used or kept for the storage or disposal of such material shall be kept in a clean and sanitary condition. (e) Improper Activities. Nothing shall be done or kept on any Lot to increase the rate of insurance on any adjoining Lot. Noxious, destructive or offensive activity or any activity constituting a nuisance shall not be carried on in an Lot. Each Owner shall refrain from any act or use of his Lot which would cause unreasonable embarrassment, discomfort or annoyance to the other Owners. (f) Unauthorized Residences. No structure of a tempo- rary character, trailer, basement, tent, shack, garage, barn or other building shall be used on either Lot at any time as a residence, either temporarily or permanently. -7- (g) Improvements. No improvement or structure whatsoever, other than the Living Units and any garage, fence, patio, walkway, driveway or other structure accessory to the Living Units as originally constructed or as approved under Section 5 may be erected, placed or maintained on the Lots. The term "improvement" shall include, but not be limited to, exterior mo~lfications to a Lot, the exterior lighting of a Lot, exterior art work and sculptures placed on a Lot, and the painting of any part of a Lot. (h) Exterior Storage. Ail sporting equipment, toys, outdoor cooking equipment (except permanent installations), and other equipment and supplies necessary or convenient to residen- tial living shall be enclosed or shall be screened from view. No Lot shall be used for the storage or materials not customary to, or necessary and convenient for, residential living. Exterior antennas shall not be placed on any Lot without the approval of the Owner of the adjoining Living Unit. 9. GENERAL PROVISIONS. (a) Mechanic~s Liens. Each Owner agrees to indemnify and hold the Owner of the adjoining Living Unit harmless from any mechanic~s liens arising from work done or material supplied to make repairs, replacements or improvements on the Lot or Living Unit 'for which such Owner is responsible. (b) Duration of Covenants. These covenants shall run with and bind the Property and shall inure to the benefit of, and be enforceable by, the Owner of any Lot subject to this Declaration, and his respective heirs, devisees, legal representatives, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded with the Scott County Recorder, after which time these Covenants shall be automatically renewed for successive periods of ten (10) years. (c) Amendment. This Declaration may be amen~e~ with the written approval of the Owners and first Mortgagees and, if still an Owner, the Declarant. Any amendment to this Declaration shall be made in recordable form and shall be effective on the date that a ~uly executed copy thereof is recorded with the Scott County Recorder. (d) Enforcement. Any Owner shall have the right to enforce these Covenants by any proceeding at law or in equity, or both, against any person violating or attempting to violate the Covenants to restrain such violation and recover damages result- ing from such violation. The failure of an Owner to enforce these Covenants shall not be waiver of the right to do so thereafter. (e) Lien Rights. Any Owner who cl&ims a right to 8 contribution or reimbursement for repair, maintenance, restoration or protection of the Lot or Living Unit of another Owner shall have a lien on any Lot benefited by such repair, maintenance, restoration or protection from the date of recording -8- a Notice of Lis Pendens describing the claim and the benefited Lots. However, no lien shall be effective against any bona fide purchaser or lienor for value of any such Lot who records his conveyance or the document evidencing his lien prior to the recording of the Notice of Lis Pendens. The lien created by this Section 9(e) may be foreclosed in a like manner as a foreclosure by action of a mortgage on real property. (f) Miscellaneous. The singular may be read as the plural, and plural may be read as singular, wherever appropriate, and unless the context indicates to the contrary. (g) Gender. The masculine gender may be read as the feminine gender or as the neuter gender, wherever appropriate, and unless the context indicates to the contrary. (h) Joint and Several Liability. The obligations of the Owners of any Lot shall be Joint and several, except where the context otherwise requires. (i) Captions. The captions are inserted only for con- venience and reference and do not define, limit or describe the scope of this Declaration or the intent of any provisions thereof. (J) Severability. The invalidation of any provision this Declaration shall not effect any of the other provisions herein, which shall remain in full force and effect. EXECUTED IN WITNESS STATE OF MINNESOTA) COUNTY OF SCOTT ) HEREOF this ~ day of October, 1992. The foregoing instrument was acknowledged before me this Decm~aday of October, 1992, by RANDELL M. LIVINGSTON, single, rant. This instrument was drafted by: HUEMOELLER & BATES AT'I'ORNEYS AT LAW ! 6670 FRANKLIN I'RAIt. PRIOR LAKE, MN. 55372 -9- AI~4INISTIViTIVE ~ DMSION API%I(]iTION FOl~4 Al~l icant. ~' ' ' hen6: Name of Surveyor: ~ the Al~licant .previously sought to plat, rezone, obtain a variance conditi~l use pemit on the subject site or a~ t~tt c~ it: No ~ Yes What was requested: . 15 copies of the al~lication, survey and sup~rti_~ data and 1 set ~,.~ reduced to 11' X 17". i1.~{,~%~ ~ ~ Total ~re f~tage ~ or ~t~ge of ~isti~ ~ p~o~ ~rcels.~ ~ ~d a~r~ses of ~e~ w~ ~ pr~r~ ~nti~ to the s~J~ si~. CI~Y ~ APPLIOiTIONS SHALL BE ACCEPT~ FOR REVIle. iTOh the best of ~f knowlec~e the information presented on this fora is correct. ac~ition, I have =~t S~ction 6-1-3 of the Prior lake Sub~lvisim O~inan~ which specifies the r~quir~ants ar~ procedurm £o= Administ=ative Plats. I a~es to pzovid~ infomati~n ar~ foll~ the proc~tu~m an outlin~d. Fee Owners Signature Dat~ DISPOSITION CF APPSIOiTION: APPROV~ CIT~ C0~]C~ (APPEA~) .. APPROtr~ . DENI~) .... Signature of ~he Plannir~ Director Date CITY OF PRIOR LAK~ APPLI~N FOR VARIANCE PID% 25-001082-0 Applica~t: Randell M. Livinaston B0me Phone: 758-29~ Address: 26305 Ver=u8 Ave. New Pta=us. MN 5607'1 ~:k P~nez 758-29~ P~y ~ Randall M. Livin=oton ~ P~ 758-2985 ~:~s~ 26305 Versus Ave. New Prague. MN 5607~ ~k P~ne~ ~ of ~~p, F~ X ~ntr~ ~tc~e ~t~ Existing use of Prope~: Rental .... Legal. Description of Variance Site: See reverse .side V&riance Requested: ReductioD of lot width from 60 41 feet for the two lots Present Zoning ~ R- 2 feet to 4~ feet and' the applicant previously'sough~ to plat, rezone, obtain a variance or conditio~al use pemit on the subject site ot any pa~t of it? . x Yes W~at was requested: Administrative subdivision Whe~ ............ · Disposition: Pendi.n~ Describe the type of improwments proposed: A twinhome has been built on the proper.t¥, straddlinq the~~ty line. V. ariance is requested S° there can be two separate homesteads. (A ) Completed application fora. (B)Filing fee. (C) Property Survey indicating the proposed develolm~nt in relation to property lines and/or ordinary-high-water mark~ proposed building elevations and drainage plan. (D)Certified from abstract fire, ne~es and addresses of property owners within 100 feet of the exterior boundaries of the subject prope~y. (E)Gcmplete legal description & P~operty Identification Number (PID). (P)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1'-20'-50' aho~ing~ The site develol~e,t plan, buildings.. Pe~king, 1carling, access, surface drainage, landscapi~g and utility service. Ct~Y C0HPSSTE APPLIOiTIONS SSALL BE ~ A~D REVI~ BY T~E PIANNING (I~ISSION. To the best of ~f knowledge the infomatlon presented on this fora is correct. In addition, I have resd Section 7,6 of the Prior Lake Zoning O~dinance which specifies Su~aitted this _~y of November THIS SPACE IS ~O BE FILLED C~T BY THE PIANNING DIRBCTOR CITY O0t~ITIONS: ........ atgnature of ~e planning Director rote Legal Description= . The South 28 feet of Lot 2, all of Lot 3 and the North 5 feet of Lot 4, Block 11, PRIOR LAKE, Scott County, Minnesota, according to the recorded plat thereof. If administrative subdivision and variance are approved, the legal descriptions of the two parcels will be~ The South 28.00 feet of Lot 2 and the North 13.00 feet of Lot 3, Block 11, PRIOR LAKE, according to the recorded plat thereof, Scott County, Minnesota~ That part of Lot 3 lying South of the North 13.00 feet thereof and the North 5.00 feet of Lot 4, Block 11, PRIOR LAKE, according to the recorded plat thereof, Scott County, Minnesota. Property address= 16180 and 16182 Evanston Avenue. "AGN DA 5" AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: 5 HORST GRASER CONTINUATION OF LANDSCAPE ORDINANCE DECEMBER 7, 1992 INTRODUCTIONs This item is a continuation of two previous readings of the landscape ordinance: Greg Kopischke of Westwood Planning and Engineering is the consultant responsible for the draft language. He will be making a presentation and discuss changes from the previous draft as directed by the Council. DISCUSSION: There were two major changes suggested by the Council. One was to adapt the ordinance to common property lines of the downtown business district. It was decided that it would be appr?priate to exempt this area from the requirements of the ordinance. Paragraph B-3 on page 2 exempts the downtown redevelopment district from the. requirements of the ordinance. Normally redevelopment districts have plans which specify specific landscaping standards and treatments. The second change was organizational in nature. The suggested change was to divide the purpose section into a purpose and application section. This revision makes it considerably easier to both follow and reference the ordinance. The Council also suggested that paragraph 4 on page 8.be amended to include that a letter of credit be placed on file with the City when the building permit is issued. ALTERNATIVES: Approve the ordinance as submitted. Continue the hearing for purposes of making changes and additions. Deny the ordinance and close the hearing process. RECOMMENDATION: Alternatives i and 2 as may be necessary. ACTION REQUIRED: Depends on Council direction. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUHITY EMPLOYER "~.09202" CITY OF PRIOR LAKE DRAFT 8-5-92 '11-23-92 ORDINANCE NO. 92-10 AN ORDINANCE AMENDING PRIOR I2%KE CITY CODE AND PRIOR LAKE ORDINANCE NO. 83-6. ZONING The Council of the City of Prior Lake does hereby ordain: CITY CODE SECTION 5-5-10: SCREENING: AND PRIOR LAKE ORDINANCE 83-5 SECTION 6.10 are hereby amended to following language: ZONING add the (A) Purpose: The purpose of this ordinance is to establish performance standards 9nd minimu9 requirements for landscap%ng, buffering and screening that will enhance the visual, environmental and aesthetic character of property and site development within the City. The City Staff, Planning Commission and City Council will utilize these standards in the review and evaluation of subdivision and site plans and development proposals. The objectives of these requirements are to establish and maintain forestation of the City; to provide appropriate ground cover vegetation for controlled soil erosion; to preserve and enhance, when necessary, the natural environment, particularly in instances where the natural environment is disturbed during the course of development; and to establish standards for utilization of natural and other materials to achieve desired screening, buffering'and landscaping. This ordinance sets forth minimum requirements for landscaping, reforestation and technical limitations to assure that the result is consistent with reasonable maintenance requirements on a long-term basis and to assure that the results provide landscape amenities to the urban environment. This ordinance is %ntended to provide .standards that .allow flexibility in design agd individual s~te need~. Designers are encouraged ~o utilize a variety of s~te landscape elements (i.e., trees, shrubs, ground covers, flowers, berms and ground form, fences, walls, existing topography and vegetation, artforms, and other similar items), in creative ways that are aesthetically pleasing .yet functional w~ere required. In addition to compliance with subsequent sections of this ordinance, plan review by the City Planning Department will include such items as: choice of materials, especially plantings, to determine if they are functionally appropriate, for the intended purp?se; hardiness; disease-resistance; compatible choice and mix of materials; do materials comp%ement agd/or provide pleasing, contrast to on-site and off-site conditions to maintain interest: and other issues as site appropriate. Specific site plans may be required to go beyond the minimum requirements to meet the purpose and objectives of this ordinance due to unique or exceptional circumstances and conditions which are existing or proposed. (B) Application: This ordinance applies to all business, industrial, multi-family residential (projects of 3 or more dwelling units per building)( public and institutional uses.as may be permitted or conditional within their respectlve zoning districts. Existing uses shall also comply with this ordinance when they apply for a building permit. Exceptions include additions that in total are under ten percent of the existing structure's gross floor area or 4,000 square feet, whichever is less. The Downtown Redevelopment District as defined by Ordinance No. shall be exempt from this ordinance. (C) General Provisions and Landscape Requirements: To help assure the best possible results, plans must be prepared and certified by a Registered Landscape Architect in the State of Minnesota for: a) business, industrial, public and institutional development projects with sites over 20,000 square feet or gross building area of 4,000 square feet or more, whichever is less; b) multi-family residential projects of 8 or more dwelling units per building. Projects smaller than identified above shall be prepared by either a registered landscape architect or a professional site planner with educational training or work experience in site analysis and landscape plan preparation. The quantity of plant materials shown on the landscape plans of proposed developments shall meet or exceed the minimums as defined herein. The City requires landscape treatment of the whole site to include the following elements: a) The site perimeter. 2 b) c) d) The."entr¥" focal area(s) of a development (i.e., major entity dr~ves, corner areas, signage locations, and other similar focal points). The parking lot landscape. Screening of mechanical equipment, exterior storage, loading docks, trash ~torage, or visual clutter as identified by the City ~n the plan review process. 4. The plant materials used. m~st meet or exceed the City standards of size and specie in.order to qualify for credit towards the landscape requirement. Additional plant materials smaller than required herein may be appropriate and necessary to achieve the design effect. Preservation of .existing vegetation on site, if it can successfully be ~ncorporated into the .landscape plan, is encouraged and will be credited toward the landscape requirement. e Plantings at street intersections shall not block visibility within a clear view triangle. Plantings shall not interfere with drainage patterns, unreasonable conflict with utilities (i.e., frequent near overhead power lines, etc.) or restrict access utilities. create pruning to any Landscape coverage shall be defined as all ground areas surrounding the principal building and accessory buildings which are not garden areas, driveways, parking lots, sidewalks or patios. All ground areas shall be landscaped with grass, shrubs, trees or other approved ornamental landscape material. (D) Calculation of Requirements, Credits and Sizes: The planting requirement shall be the sum of the following separate requirements. These formulas are only intended as a method to generate a quantitative performance level and not a design instruction. Creativity of design is encouraged to provide specific solutions. a) Tree Calculation: Business/Indust~ipl/Public/Institutional sites shall contain, at a minimum, the greater of: 1. I tree required per 40' of site perimeter, or 2. 1 tree per 1000 square feet of ~ross buildipg area. Multi-residential sites shall contain, at a minimum, the greater of: 1. 1 tree per dwelling unit, or 2. 1 tree required per 40' of site perimeter. b) Entry Plantings: Each major entry point, focal point, etc.,(see Section (C)2, b), into the project or building 3 shall be treated with landscape development (trees, shrubs, etc.). No numerical requirement of plants is offered, but every development project has at least one such feature, and the landgcap~ plan ghall r~flee~ proposed treatment. Trees required on the perimeter calculation are not applicable to this design feature. c) Parking Lot Landscape: As identified in Section (E)(1 and 4), parking lot islands and screening shall be provided. No numerical requirement for plants is provided, but use of canopy trees to pr?vide shade and shrubs to soften the internal sight lines and screen small storage areas is required. d) Miscellaneous Screenings: As identified in Section (F) Other Screening, miscellaneous screening shall be provided. No numerical requirement for plants is provided and the perimeter tree planting requirement may be used to provide trees for this ~urpose but the effectiveness shall be as described in Section (F), Other Screening. Plant Sizes: Plants provided by the developer as credit for meeting the landscape requirement shall meet the following size criteria: a) b) c) d) e) f) Deciduous Canopy Trees: 2 1/2" caliper B & B (at 6" above ground). Coniferous Trees: 6' high B & B Others: 1. Ornamental or half trees: 1-3/4" caliper B & B (can substitute for canopy trees at a ratio of 2 ornamental/half trees for i canopy tree). 2. Other shrubs: No minimum, except that they must meet the stated purpose (screening, etc.). Ail plantings shall be appropriate to the hardiness zone and physical characteristics of the site. They shall conform to the size and quality standards in the most current edition of the American Standard for Nursery Stock as published by the American Association of Nurserymen. All .deciduous trees proposed to meet the minimum requirement? shall be long-lived, hardwood ~pecies. A list of desirable and ~rohibited plan~ material species is incorporated as policy in this ordinance and will be maintained and kept on file with the City Planning Department. The complement of trees fulfilling the minimum requirements shall typically not be less than 25% deciduous and not less than 25% coniferous to maintain a mix ?f plant types. Any proposed modification to this requirement will conslder the site specific design 4 g) solution if site conditions are deemed appropriate and other functional requirements (screening, etc.) are met. Installation will be in accordance with professional horticultural standards as' established with the most current edition of the Landscape Construction Reference Manual as published by the American Nursery and Landscape Association· Credits for Existing Materials: The developer may request credit for plant materials preserved on.site provided it is demonstrated that they have accurately identified (by specie) and located (by survey), their correct location shown on the grading plan and that appropriate measures will be taken and are shown and/or noted on the grading plan to ensure their protection and survival (i.e.; snow fence barrier, appropriate distance to tree base and root structure, pruning, watering, mulching, root protection/pruning~ timing, fertilization, tree removal plan/techniques, disease prevention, method to prevent soil compaction over root systems, etc.). This tree protection/preservation plan should be prepared by a qualified forester, registered landscape architect, or arborist. a) b) c) Existing trees must conform to the minimum size requirements (identified in 2 above) to be credited. Plants must be of approved species as currently recorded b~ the City as appropriate materials. Weak wooded and disease prone species are not suitable for credit. The extent of credit will be based on staff review of data (plans and narrative) presented by the developer. Criteria will include ty~e of material, size, quality, location and extent of site coverage. 4. Variation of Plant Sizes: a) b) For all landscape plans, at least 10% of the coniferous and/or deciduous canopy trees must exceed the minimum size (to 8' high and 3 1/2" cali~er B & B respectively) to establish some diversity in size. For multi-family projects, 20% of the required plants shall be of the larger sizes. These .plants shall be used in the areas for strategic screening, softening of buildings, focal point enhancement, adjacent to recreational areas for shade, etc. (E) Parking Lot Landscape: To avoid undesirable monotony, heat and wind associated with large parking lots, such lots shall have lineal and row end internal landscaped island/traffic delineators in addition to any required traffic safety islands. Landscape.islands shall be at least 5% of the paved parking lot area ~n excess of 3000 square feet. A parking island is considered to be 9' x 5 18' or 162 square feet (equivalent of one parking stall). although the shape and location will be a design option of the developer. Minimum width shall be 6 feet. Industrial storage yards, outdoor retail display areas or similar type areas are exempted from the parking lot island requirement. Landscaping of parking lot islands shall include some combination of mulch, lawn, shrubs and/or trees. The intent is to provide shade, focus or promote traffic patterns, (define drive aisles and rows of parking), limit rows of visually uninterrupted parkigg stalls to a maximum of 180 feet, soften ground level views, yet maintain appropriate visibility for safety. Parking lot screening shall be provided on the perimeter of any new parking lot. a) b) c) d) e) Screening shall be provided using a combination of shrubs, coniferous trees, fencing, berming, etc., to minimize the effect of headlights and reflected light from bumpers, grills, and headlights. Screening must attempt to address at least 60% of the perimeter where views of the parking lot could originate. Effectiveness of the screening shall be 80% opacity year-round. Berming must achieve a 30" height to provide 80% opacity on 3' high screening. (Berms cannot be used as the only method of screening. They must be used in combination with other elements.) Plant materials must be spaced no more than 30" apart on single rows of deciduous shrubs, 48" apart on double staggered rows of deciduous shrubs, with initial planted height of at least 2' (spacing may vary, subject to species used)· Coniferous trees must be pla?ed no further than 8' apart, to be counted as screening. Se Ail parking lot islands or landscgpe areas must be separated from the parking surface by cast in place concrete curbs. (F) Other Screening: Developers shall make design efforts to fully screen service areas, trash storage, loading, mechanical equipment, and other similar areas, from view by the .general .public or adjacent residential areas. The screening provisions for parking lots shall be followed except that berming heights must be increased to a minimum of 4' with an overall effective screening height of 6'. (Berms cannot be used as the only method of screening. They must be used in combination with other elements.) Each site will be evaluated 6 as to its specific needs and solution which may exceed these minimum standards. (G) Grounds and Lawns: Ail areas must be finished off with a stable landscape (trees, shrubs, turf, mulch, etc.) or hard constructed surface (concrete, bituminous, pavers, etc.). No site areas can be left unfinished, subject to erosion. Landscape rock or bark/wood chi~ mulch may be substituted for sod in shrub and flower planting beds and building maintenance strips. All lawn areas and drainage swales shall be sodded. At least a 2-foot width of sod shall be provided between all paved/curbed areas and seeded/natural/native areas to provide a finished edge and control erosion. Seeding or reseeding is allowed for less visible or large and remote portions of a site that are unused or subject to future development. Seed mixes could include prairie grass or other appropriate iow-maintenance mixes. Athletic fields may be seeded. Slopes in excess of 3:1 will not be allowed in areas intended for maintained turf. Slopes of up to 1-1/2:1 may be allowed with a slope ~tabilization plan approved by the City; otherwise terracing and/or retaining walls will be required. Ail areas to be lawn and landscaped shall have a built-in irrigation system. An irrigation plan shall be required at the time of obtaining the building permit. This plan shall indicate the overlapping pattern, head type, control type and location, source of water and connection method. The system plan shall be prepared by a gualified designer with experience designing systems for similar uses (project type and size). Permanent underground irrigation is not required for existing, new or re-established natural or native plant communities. Se Undisturbed areas containing existing viable natural or native vegetation shall be maintained free of foreign or noxious plant materials. Top seeding or enhancement of these areas should occur as needed and appropriate to fill in thin areas and revitalize the existing vegetation. (H) Maintenance Standards: All cultivated landscape areas shall be maintained by the property owner to present a healthy, neat and orderly area. This shall include: a) Maintain a healthy, pest-free condition. b) Remove dead, diseased or dangerous trees or shrubs or parts thereof. c) Provide appropriate pruning per National Arborist Association and American Nurserymen Association Standards. 7 d) e) f) Mowing and/or removal of noxious weeds and grasses. Remove trash and other debris. Watering to ensure plant growth and survival. 2. Natural or native plant communities shall be managed in order to maintain the plant community for the purpose that it was preserved or created. This includes trimming as needed of all noxious vegetation and long g{asses, removal of trash or other debris and other horticulturally appropriate maintenance methods for the specific type of plant community. (I) Performance Guarantee: All plants shall be guaranteed by the developer for one year after total project acceptance. The irrigation system shall be guaranteed for one year concurrent with the plant guarantee. This will assure one winter season with a fall shut down and spring start-up. The developer shall notify the City prior to total project acceptance, for City concurrence on the acceptability of the complete landscape and irrigation system installation. The City shall issue a letter accepting the landscape and irrlgation system installation and therein fixing the date for guarantee purposes. The developer shall post a letter of credit with the City for the complete landscape and .irrigation system installation when the building permit is issued (plants, irrigation, mulch and edgers). The letter of credit shall be held by the City and used, if necessary, to effect satisfactory completion of the project in the event of incomplete or failed work. The value of the letter of credit shall be 125% of the estimated construction costs for plants, irrigation system, mulch and edgers. Release of the letter of credit or unused balance shall occur following the City review of landscape and irrigation system w~thin 10 days prior to the expiration of guarantee, providing that plants are acceptable and irrigation system is operable on that date. (J) Submission Requirements: Landscape plans must be drawn to scale, show a%l proposed plants, quantities and sizes, seed/sod areas/limits, etc. The plan(s) must include the entire project area. Include project name, developer, registered landscape architect or land,cape designer, architect, dates, existing site conditions (topography, vegetation, ponding areas or water bodies, utilities, boundary data, walks, etc.), proposed site conditions, (grading plan, tree preservation/protection plan, etc.), site lighting, off site conditions approximately 100 feet beyond the site, and other site conditions that would be expected to affect landscaping. Calculations to evaluate .compliance with the ordinance ~rovisions including: area in square footage and percentage in total area for building, parking lot (including driveways), landscape areas and total area; and quantities of trees and shrubs required and planted or preserved. Supportive plans, details, written narrative notes, cross-sections or other information as may be required by the Planning Staff that is reasonable and necessary to demonstrate the design intent and general compliance with this ordinance, including, but not limited to, items listed under Section (C) 2. 4. Fifteen copies of all plans shall be submitted. This Ordinance shall become effective from and after its passage and publication. Passed by the day of City Council of the City of Prior Lake this , 1992. ATTEST: City Manager Mayor Published in the Prior Lake American on the , 19__. day of Drafted By: Greg Kopischke Westwood Professional Services, Inc. 14180 West Trunk Highway 5 Eden Prairie, MN 55344 (612)937-5150 9 AGENDA: REQUESTED BY: SUBJECT MATTER: DATE: 7 RALPH TESCHNER, FINANCE DIRECTOR CONSIDER CARPET REPLACEMENT FOR CITY HALL DECEMBER 7, 1992 INTRODUCTION: BACKGROUND: DISCUSSION: The purpose for.this agenda item is for the Council to consider replacement of the carpet lithin City Hall. The scope of the carpet nstallation would include the main entry lobby, Police Department and the Councii Chambers on the lower level. In addition, the entire 2nd floor including the steps leading up to the central administration level is in similar condition. The back stairway and the community room would be excluded as these areas have not incurred the wear and tear as those heavily traffic areas of above, and are in relatively good shape. Origin~l City Hall underwent a 5270 sq. ft. expansion addition in 1983_plus an extensive remodeling of the existing facility. New carpet was installed throughout the building at that time which is now approximately 10 years old. Most areas of the building display extensive wear, and either the carpet is stained beyond restoration or, especially in the Police Department, carpet seams have separated and actual rips in the carpet are evident. The upper level, while in better shape, does exhibit similar signs of wear. It would appear that the most logical approach would be to re-carpet the entire building as a whole to achieve a uniform appearance. However Staff has requested quotes on the basis of separating out the two building_levels if the Council would choose to phase in the carpet replacement over two years. Therefore, based upon the above the following quotes were solicited: premise, COMPANY CARPET AREA COST Lake's Interiors 21030 Flag Trail Prior Lake, MN Lower Level Upper Level $ 9,586.93 14 190.15 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax {612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: BUDGET IMPACT: ACTION REQUIRED: Cheney Carpet Lower Level 14025 23rd Ave No. Upper Level Plymouth, Mn Hiller Stores Inc. Lower Level 2849 So. Broadway Upper Level Rochester, MN $12,072.50 13;310.00 $25,382.50 $10,241.00 19~ 575 42 $29,816~42 It is interesting to note that the high bidder in our case, has been awarded the statewide' carpet contract by the State of Minnesota. Their higher prices are in all probability the result of the bid specification process. The breakdown of the low bidder, Lake's Interior is as follows: Carpet (w/sales tax) $14,941.08 (lower level - 670 ~;.) Carpet Base ---' $ 2,815.00 Installation Labor ~ 4,071.00 Carpet Removal Labor i!i.~231,150-00- Furniture Move Labor 800.00 Total ,777.08 The carpet price is basically $9.80/yd. plus sales tax which is for a fairly good quality commercial carpeting. 1. Accept the low bid of Lake's Interior in the amount of $23,777.08. 2. Split the bid into two phases, awarding the lower level carpeting to Lake's Interiors in the amount of $9,586.93. 3. Rej@ct all bids and delay the re-carpeting until a later date. Staff would recommend that the re-carpeting be completed in its entirety and approve the low quote submitted by Lake's Interiors. Since the work would be completed during bthee daytime, maintenance personnel would available depending upon snowplow demands to move furniture. This would save an additional $800.00 from the proposal cost~ Also it would be necessary to approve the funding from the Contingent Reserve. Our current balance in the Contingent Reserve is nearly $45,000.00 and if unused would lapse into the General Fund balance. Since it is so near the year end and the need is evident, it would seem appropriate to allocate a portion of these funds for such a maintenance expense. Motion to approve'the, re-cgrpeting of City Hall to Lake's Interxors' zn an amount of $23,777.08 (subject to a labor deduct for furniture moving). Also a motion, to appropriate the funds from the Contingent Reserve would be in order.