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Home My WebLink About5D - Klamm Lawsuit Settlement MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: L:\CT F1LES\()'; C:UFl'~ 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT APRIL 2, 2007 5D JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING SETTLEMENT OF THE KLAMM LAWSUIT I ntrod uction The purpose of this item is to authorize the City Attorney to discontinue any further action in the City of Prior Lake vs. Klamm, a lawsuit filed with respect to the placement of fill without a permit. Historv In approximately 2003, the owners of the property located at 4130 140th Street filled a portion of their property. Since the amount of fill exceeded 400 cubic yards, a conditional use permit was required. The Klamms did not obtain a grading permit or a CUP prior to filling the site. The City staff attempted to work with the property owners to obtain the proper permits, but was unsuccessful. The City Council eventually authorized the City Attorney to take action against the Klamms to either remove the fill or obtain the necessary permits. In December, 2006, the City and the Klamms met to mediate a solution. The results of mediation required the Klamms to obtain CUP. Once the CUP was approved, the City agreed to drop its lawsuit. Current Circumstances The Planning Commission conducted a public hearing on the proposed CUP on March 26, 2007. The Planning Commission approved the CUP subject to the following conditions: 1. The Best Management Practices Notes must be included on the final plan. 2. The excavation must be done according to the plans stamped "Approved by the City Engineer". 3. The applicant must contact the City Engineering Department for inspection of the work on the site. 4. The applicant must record the approving resolution at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to any work on the site. A copy of Resolution 07-01 PC is attached to this agenda report. With the approval of the CUP, the Klamms only need to complete the www.cityofpriorlake.com \Klainrn\42^OlPhgffd:~~2?~47.4230 / Fax 952.447.4245 necessary work on the site. The staff will continue to oversee this process. FINANCIAL IMPACT: Authorization to discontinue the litigation will result in no further costs. ALTERNATIVES: The City Council has the following alternatives: 1. Adopt a resolution authorizing the City Attorney to discontinue the existing litigation with the Klamms. 2. Defer action and provide staff with specific direction. RECOMMENDED MOTION: The staff recommends Alternative #1. This requires the following motions: 1. A motion and second to adopt a resolution authorizing the City Attorney to discontinue the existing litigation. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xx Motion By: Second By: WHEREAS, In 2003, the Klamms placed fill on their property at 4130 140th Street without the benefit of the proper permits; and WHEREAS, The City of Prior Lake commenced legal action against the Klamms to obtain the necessary permits; and WHEREAS, On March 26, 2007, the Planning Commission held a public hearing on the Klamms application for a Conditional Use Permit for the placement of fill on the subject property; and WHEREAS, On March 26, 2007, the Planning Commission approved the Conditional Use Permit subject to the conditions listed in Resolution 07-01 PC; and WHEREAS, In compliance with the mediation, the City Council agrees to discontinue the existing litigation. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Attorney is authorized to discontinue the existing litigation with the Klamms. PASSED AND ADOPTED THIS 2ND DAY OF APRIL, 2007. YES NO Haugen Haugen Hedberg Hedberg Erickson Erickson leMair leMair Millar Millar Frank Boyles, City Manager ClCwww.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CONDITIONAL USE PERMIT RESOLUTION 07-01 PC A CONDITIONAL USE PERMIT TO ALLOW GRADING AND EXCAVATION OF MORE THAN 400 CUBIC YARDS WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The Prior Lake Planning Commission conducted a public hearing on March 26, 2007, to consider an application from Daniel and Michele Klamm to allow grading and fill of more than 400 cubic yards on property located at 4130 140th Street NE, legally described as follows: The West 678.8 feet of the East 744.8 feet of the South 641.72 feet (as measured along the South and East lines thereof) of the Southwest Quarter of the Southwest Quarter (SW % of the SW %) of Section 23, Township 115, Range 22, Scott County, Minnesota. and Notice of the public hearing on said CUP was duly published in accordance with the applicable Prior Lake Ordinances; and The Planning Commission proceeded to hear all persons interested in this CUP and persons interested were afforded the opportunity to present their views and objections related to the CUP; and The Planning Commission finds the CUP to allow the grading and fill of more than 400 cubic yards in harmony with both existing and proposed development in the area surrounding the project; and The City Council finds the proposed CUP is compatible with the stated purposes and intent of the Zoning Ordinance as they relate to conditionally permitted uses, and further, that the proposed CUP meets the criteria for approval of CUP as contained in Section 1108.202 of the Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE: 1. The recitals set forth above are incorporated herein. 2. The Planning Commission hereby adopts the following findings: a. The use is consistent with and supportive of the goals and policies of the Comprehensive Plan. The filling and grading will be consistent with the goals and policies of the Comprehensive Plan. The policies include providing adequate regulation to prevent the development of endeavors which will create a hazard to the environment. The grading and filling will allow for decreased grades and address concerns related to storm water erosion. L:\07 FILES\07 CUP'S\Klamm\cup resolution DOC www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 b. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. Based on staff review, the proposed use will not be detrimental to the health, safety, morals and general welfare of the community. The conditions of the approving resolution are intended to ensure ongoing protection of the community. c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use District in which the Conditional Use is located. Section 1101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as a Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance will be met with the issuance of the Conditional Use permit. d. The use will not have undue adverse impacts on governmental facilities, services, or improvements which are either existing or proposed. The use will not have adverse impacts on governmental facilities. During the grading and fill work, the applicant will be responsible for maintaining the condition of the adjacent roads. e. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity to the conditional use. The use will not have undue adverse impacts on the use and enjoyment of properties in close proximity. f. The use is subject to the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect, or civil engineer registered in the State of Minnesota, approved by the City Council and incorporated as part of the conditions imposed on the use by the City Council. No landscaping or tree preservation is required. g. The use is subject to drainage and utility plans prepared by a professional civil engineer registered in the State of Minnesota which illustrate locations of city water, city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas mains, and other service facilities. The plans shall be included as part of the conditions set forth in the CUP approved by the City Council. The plans have been prepared by a civil engineer. h. The use is subject to such other additional conditions which the City Council may find necessary to protect the general welfare, public safety and neighborhood character. Such additional conditions may be imposed in those situations where the other dimensional standards, performance standards, conditions or requirements in this Ordinance are insufficient to achieve the objectives contained in subsection 1108.202. In these circumstances, the City Council may impose restrictions and conditions on the CUP which are more stringent than those set forth in the Ordinance and which are consistent with the general conditions above. The additional conditions shall be set forth in the CUP approved by the City Council. Additional conditions to ensure the protection of the general health, safety, and welfare of the public are included as part of the CUP. 3. The CUP is hereby approved, subject to the following conditions: a. The Best Management Practices Notes must be included on the final plan. b. The excavation must be done according to the plans stamped "Approved by the City Engineer". L:\07 FILES\07 CUP'S\Klamm\cup resolution.DOC Page 2