HomeMy WebLinkAbout10 - Storm Water management & Erosion Control
AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
10
JOEL RUTHERFORD, WATER RESOURCES COORDINATOR
CONSIDER ORDINANCES 93-05, 93-06, AND 93-07,
AMENDING THE SUBDIVISION ORDINANCE 87-10,
ZONING ORDINANCE 83-6, AND CITY CODE, TO
IMPLEMENT CURRENT STANDARDS FOR STORM WATER
MANAGEMENT AND EROSION CONTROL.
MARCH 15, 1993
The purpose of this Agenda item is to consider
amendments to the city Code that deal with
storm water management, and erosion control,
and to discuss enforcement with private
developments.
In late 1992, the Metropolitan Council adopted
a strategy to reduce nonpoint source pollution
to all metropolitan water bodies. Their
strategy includes the following requirements
for local governments:
(1) Adopt design standards for new storm
water ponds that will reduce the
contaminant loadings from surface
water runoff, such as those from the
National Urban Runoff Program
NURP) ;
(2) Adopt the "best management
practices" (BMP's) as outlined in
Protectinq Water Quality in Urban
Areas, published by the Minnesota
Pollution Control Agency, or an
equivalent set of standards; and
(3) Adopt the Minnesota Department of
Natural Resources current shoreland
regulations. (This requirement was
recently adopted by the City
Council.)
In Late 1992, the Metropolitan Council
developed a model ordinance that could be used
by cities to adopt requirements (1) and (2).
Staff used this model ordinance to word the
amendments proposed for the City Code. On
February 16, these amendments were introduced
to the City Council.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPI.DYER
On March 4, 1993, the Planning Commission held
a Public Hearing for changes that will affect
the Subdivision Ordinance and a Public Hearing
for changes that will affect the Zoning
Ordinance. At those hearings, the Commission
unanimousl~ approved, and recommended to the
city Counc~l, the amendments affecting both
the Subdivision and Zoning Ordinances.
DISCUSSION:
Attached to the agenda are ordinances that
will incorporate the changes required by the
Metropolitan Council.
The intent of these ordinances is to ensure
current standards and procedures are used for
storm water design and erosion control. The
standards proposed, though required by the
Metropolitan council, will benefit Prior Lake
residents by ensuring sound storm water
management practices. The methods and
procedures, when applied, will reduce the
contaminant loadin9s from surface water
runoff, thus improv~ng water quality in the
lakes, wetlands, streams, and waterways of
Prior Lake.
Staff will present information at the Council
meeting on how the MPCA's Protectinq Water
Quality in Urban Areas manual will be applied
to land disturbing activities. This manual
was developed to "help ~eople become aware of
urban nonpoint pollut~on problems and to
provide detailed information about management
practices to help prevent and control it." It
is Staff's intention to use this "guide" for
that purpose. Staff will work with
individuals who are required to follow these
standards. This assistance will include
guidance and information on implementing best
management practices, including: site planning
and grading, permanent and temporary sediment
ponds, silt fence, check dams, vegetation,
mulching, outlet and inlet protection, and
other practices listed in the guide.
Staff is currently making preparations to
present the proposed changes to private
develo~ers, to help pre~are them for changes
affect~ng new subdivis~ons. Staff has put
together a draft policy to specify general
requirements for all new developments, to help
eliminate potential misunderstandings.
Attached is this "Policy for Private
Development Projects." It has been included
with this agenda to allow the Council to
review and comment on the content of the
policy, prior to presenting it to developers.
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
On April 5, 1993, staff will recommend the
adoption of the final "Policy for Private
Development Projects", after review and
comments from council, developers, and staff.
By adopting the standards and policy proposed,
staff feels enforcement will be consistent and
uniform with each applicant. The MPCA
pUblication, Protectinq Water Quality in Urban
Areas, does a very good job of explaIning how
and when the different methods should be used.
This manual, which is about 300 pages, can be
reviewed at City Hall.
The alternatives are as follows:
1. Approve the amendments to the Subdivision
Ordinance, Zoning Ordinance and City
Code.
2. Reject the proposed amendments.
3. Table this item for a specific reason.
Staff is recommending Alternative 1,
the proposed Amendments, to
additional delays with the processing
Wild's Development.
ac;io~t~ng
m~n~m~ze
of the
Motion to approve the amendments to the Prior
Lake City Code, and Subdivision Ordinance
87-10, as proposed in Ordinance 93-05;
Motion to approve the amendments to the Prior
Lake City Code, and Zoning Ordinance 82-6, as
proposed in Ordinance 93-06: and
Motion to amend the City Code, as proposed in
93-07.
CITY OF PRIOR LAKE
ORDINANCE NO. 93-05
AN ORDINANCE AMENDING SECTIONS 6-2-1, 6-4-2, 6-4-3, 6-6-6, 6-6-7,
AND 6-7-10 OF THE PRIOR LAKE CITY CODE AND PRIOR LAKE ORDINANCE
87-10.
The Council of the City of Prior Lake does hereby ordain:
Section 6-2-1 of Title 6, Chapter 2 of the Prior Lake City Code
and Section 6-2-1 of Prior Lake Ordinance 87-10 are hereby
amended by adding a definition of "Wetlands" to read as follows:
6-2-1: WETLANDS:
Lands transitional between terrestrial
aquatic systems where the water table
usually at or near the surface or the land
covered b~ shallow water. For purposes
this def~nition, wetlands must have
following three attributes:
and
is
is
of
the
(a)
(b)
Have a predominance of hydric soils.
Are inundated or saturated by surface or
ground water at a frequency and duration
sufficient to support a prevalence of
hydrophytic vegetation trpicallr adapted
for life in saturated so~l cond1tions.
Under normal circumstances support a
prevalence of such vegetation.
(c)
Section 6-4-2 of Title 6, Chapter 4 of the Prior Lake City Code
and Section 6-4-2 of Prior Lake Ordinance 87-l0 are hereby
amended by amending paragraph (J) to read as follows:
6-4-2: (J)
Physical features which shall include:
1. A delineation of all streams, rivers, ~ublic
waters and wetlands located on and immed~ately
adjacent to the site, including depth of
water, a statement of general water quality,
and any classification given to the water body
or wetland by the Minnesota Department of
Natural Resources, the Minnesota Pollution
Control Agency, and/or the United states Army
Corps of Engineers.
2. Location and dimensions of existing storm
water drainage systems and natural drainage
patterns on and immediately adjacent to the
site delineating in which direction and at
what rate storm water is conveyed from the
site, identifying the receiving stream, river,
public water, or wetland and setting forth
those areas of the unaltered site where storm
water collects.
3. A description of the soils of the site,
including a map indicating soil types of areas
to be disturbed as well as a soil report
containing information on the suitability of
the soils for the type of development proposed
and for the type of sewage disposal proposed
and describing any remedial steps to be taken
by the developer to render the soils
suitable.
4. Vegetative cover and clear delineations of any
vegetation proposed for removal.
100 year floodplains, flood fringes
floodways.
Section 6-4-3 of Title 6, Chapter 4 of the Prior Lake City Code
and section 6-4-3 of Prior Lake Ordinance 87-10 are hereby
amended by adding new paragraphs (M) and (N) to read as follows:
5.
and
6-4-3: (M)
A site construction plan including:
l. Locations and dimensions of all proposed land
disturbing activities and any phasing of those
activities.
2. Locations and dimensions of all temporary soil
and dirt stockpiles.
3. Locations and dimensions of all construction
site erosion control measures necessary to
meet the standards as outlined in Protectinq
Water Quality in Urban Areas, published by the
Minnesota Pollution Control Agency, or an
equivalent set of standards.
4. Schedule of anticipated starting and
completion date of each land disturbing
activity, including the installation of
construction site erosion control measures.
5. provisions for maintenance of the construction
site erosion control measures during
construction.
(N)
A plan of final site conditions on the same scale
as the physical features map showing the site
changes including:
l. Finished grading shown at contours at the same
interval as provided for the existing
contours, or as required to clearly indicate
the relationship of proposed changes to
existing topography and remaining features.
2. A drainage plan of the developed site
delineating in which direction and at what
rate storm water will be conveyed from the
site and setting forth the areas of the site
where storm water will be allowed to collect.
3. The proposed size, alignment, profiles and
intended use of any structures to be erected
on the site.
Section 6-6-6 of Title 6, Chapter 6 of the Prior Lake City Code
and Section 6-6-6 of Prior Lake Ordinance 87-l0 are hereby
amended by amending paragraphs (A) and (B) to read as follows:
6-6-6: (A)
6-6-6: (B)
wild Life Habitat and Water Recharge Areas: Marsh
areas which are part of the proposed development
shall be analyzed for purposes of preservation as
potential wild life habitat for birds and animals
as well as to continue providing water purification
and recharge areas for the lake of Prior Lake. If
the City Council determines that marsh areas serve
the public in one or more of these functions then
they may require preservation in whole or in part.
Any alterations or disturbance shall com~ly with
the requirements of the Wetland Conservat1on Act,
and other legislation that may limit disturbance to
wild life habitat and water recharge areas.
Filling or Draining: Wetlands must not be drained
or filled, wholly or partially, unless replaced by
restoring or creating wetland areas of at least
equal pUblic value, as permitted by the Wetland
Conservation Act.
Section 6-6-7 of Title 6, Chapter 6 of the Prior Lake City Code
and Section 6-6-7 of Prior Lake Ordinance 87-10 are hereby
amended to read as follows:
6-6-7:
STORM WATER MANAGEMENT criteria for permanent
facilities:
(A)
The subdivider shall use the standards and
guidelines presented in the 1989 edition of
Protectinq Water Quality in Urban Areas,
published by the Minnesota Pollution Control
Agency, or an equivalent set of standards.
(B) The subdivider shall install or construct, on
or for the pro~osed land disturbing or
development act1vity, all storm water
management facilities necessary to manage
increased runoff so that the two-year,
ten-year, and 100-year storm peak discharge
rates existin9 before the proposed development
shall not be 1ncreased and accelerated channel
erosion will not occur as a result of the
pro~osed land disturbing or development
act~vity. The subdivider may also make an
in-kind or monetary contribution to the
development and maintenance of community storm
water management facilities designed to serve
multi~le land disturbing and development
activ1ties undertaken by one or more persons,
including the subdivider.
section 6-7-10 of Title 6, Chapter 7 of the Prior Lake City Code
and section 6-7-10 of Prior Lake Ordinance 87-l0 are hereby
amended to read as follows:
6-7-l0:
(A) A drainage system as approved by the City Engineer
shall be provided.
storm water detention facilities constructed in the
City of Prior Lake shall be designed according to
the standards reflected in the 1989 edition of the
MPCA publication Protectinq Water Quality in Urban
Areas, and the design criteria from the National
Urban Runoff Program.
This ordinance shall become effective from and after its passage
and publication.
(B)
Passed by the City Council
day of
of the City of Prior
, 1993.
Lake this
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
1993.
day of
Drafted By:
Joel Rutherford
Water Resources Coordinator
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 93-06
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 5-5-11 AND
PRIOR LAKE ZONING ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
section 5-5-11(D)5,c of Title 5, Chapter 5 of the Prior Lake City
Code and Section 6.11,B,5,c of Prior Lake Zoning Ordinance, No.
83-6 are hereby amended by adding a new paragraph (9) to read as
follows:
(9) A storm water management plan, which shall contain the
following information:
(a) Existing site Map showing the site and immediately
adjacent areas, including:
(1)
(2)
(3)
(4)
The name and address of the applicant, the section,
township and range, north point, date and scale of
drawing.
Location of the tract by an insert map at a scale
sufficient to clearly identify the location of the
property.
Existin9 topography with a contour interval
appropr~ate to the topography of the land but in no
case having a contour interval greater than 2
feet.
A delineation of all streams, rivers, public waters
and wetlands located on and immediately adjacent to
the site, includin9 depth of water, a statement of
general water qual1ty and any classification given
to the water body or wetland by the Minnesota
Department of Natural Resources, the Minnesota
Pollution Control Agency, and/or the united States
Army Corps of Engineers.
Location and dimensions of existing storm water
drainage systems and natural drainage patterns on
and immediately adjacent to the site delineating in
which direction and at what rate storm water is
conveyed from the site, identifying the receiving
stream, river, public water, or wetland and setting
forth those areas of the unaltered site where storm
water collects.
A description of the soils of the site, including a
map indicating soil types of areas to be disturbed
as well as a soil report containing information on
the suitability of the soils for the type of
development proposed and for the type of sewage
disposal proposed and describing any remedial steps
to be taken by the developer to render the soils
suitable.
(7) Vegetative cover and clear delineations of any
vegetation proposed for removal.
(5)
(6)
(8) lOO year floodplains, flood fringes and floodways.
(b) A site construction plan including:
(1)
Locations and dimensions
disturbing activities and
activities.
of
any
all ~roposed land
phas1ng of those
Locations and dimensions of all temporary soil and
dirt stockpiles.
(3) Locations and dimensions of all construction site
erosion control measures necessary to meet the
standards as outlined in the 1989 edition of
Protectinq Water Quality in Urban Areas, published
by the Minnesota Pollut1on Control Agency, or an
equivalent set of standards.
(2)
(4) Schedule of anticipated starting and completion
date of each land disturbing activit~, including
the installation of construction s1te erosion
control measures.
(5) provisions for maintenance of the construction site
erosion control measures during construction.
A plan of final site conditions on the same scale as the
existing site map showing the site changes including:
(c)
(1)
Finished grading shown
interval as provided
clearly indicate the
changes to existing
features.
at contours at the same
above or as required to
relationship of pro~osed
topography and rema1ning
(2)
(3)
(4)
(5)
(6)
A landscape ~lan, drawn to an appropriate scale,
including d1mensio~s and distances and the
location, type, S1ze and description of all
proposed landscape materials which will be added to
the site as part of the development.
A drainage plan of the developed site delineating
in which direction and at what rate storm water
will be conveyed from the site and setting forth
the areas of the site where storm water will be
allowed to collect.
The proposed size, alignment, profiles and intended
use of any structures to be erected on the site.
A clear delineation and tabulation of all areas
which shall be paved or surfaced, including a
description of the surfacing material to be used;
and
Any other information pertinent to the particular
project which in the opinion of the applicant is
necessary for the review of the project.
This ordinance shall become effective from and after its passage
and pUblication.
of the City of Prior Lake this
, 1993.
Passed by the City Council
day of
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
, 1993.
day of
Drafted By:
Joel Rutherford
Water Resources Coordinator
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 93-07
AN ORDINANCE AMENDING SECTIONS 4-l-1 AND 9-6-4 OF THE PRIOR LAKE
CITY CODE.
The Council of the city of Prior Lake does hereby ordain:
section 4-1-1 of Title 4, Chapter 1 of the Prior Lake city Code
is hereby amended by adding a new paragraph (E) to read as
follows:
4-1-1: (E) Any person applying for a building permit which may
require removal or disturbance from the natural
surface of the earth or sod, soil, sand, gravel,
stone, or other matter, shall submit an erosion
control plan as outlined in the 1989 edition of
Protecting Water Quality in Urban Areas, published
by the Minnesota Pollut1on Control Agency, or an
equivalent set of standards. No permit shall be
issued until the erosion control plan is approved
by the City Engineer.
section 9-6-4 (A) of Title 9, Chapter 6 of Prior Lake City Code
is hereby amended by amending paragraph (9) to read as follows:
9-6-4: (A) 9. An erosion control plan, which shall contain the
following information:
a.
Existing site Map showing the site
immediately adjacent areas, including:
(1) A delineation of all streams, rivers,
public waters and wetlands located on and
immediately adjacent to the site,
including depth of water, a statement of
general water quality and any
classification given to the water body or
wetland by the Minnesota Department of
Natural Resources, the Minnesota
Pollution Control Agency, and/or the
United states Army Corps of Engineers.
and
(2)
Location and dimensions of existing storm
water drainage systems and natural
drainage patterns on and immediately
adjacent to the site delineating in which
direction and at what rate storm water is
conveyed from the site, identifying the
receiving stream, river, public water, or
wetland and setting forth those areas of
the unaltered site where storm water
collects.
A description of the soils of the site,
including a map indicating soil types of
areas to be disturbed as well as a soil
re~ort containing information on the
sU1tability of the soils for the type of
development proposed and for the type of
sewage disposal proposed and describing
any remedial steps to be taken by the
developer to render the soils suitable.
Vegetative cover and clear delineations
of any vegetation proposed for removal.
(5) lOO year floodplains, flood fringes and
floodways.
(3)
(4)
(1)
b. A site construction plan including:
Locations and dimensions of all
land disturbing activities
phasing of those activities.
(2) Locations and dimensions of all temporary
soil and dirt stockpiles.
proposed
and any
(3) Locations and dimensions of all
construction site erosion control
measures necessary to meet the standards
as outlined in Protecting Water Quality
in Urban Areas, published by the
Minnesota Pollution Control Agency, or an
equivalent set of standards.
(4) Schedule of anticipated startin9 and
completion date for each installat10n of
erosion control measures.
(5)
provisions for maintenance
construction site erosion
measures during construction.
of the
control
c.
A plan of final site conditions
scale as the existing site map
site changes including:
same
the
(l)
(2)
(3)
(4)
on the
showing
Finished grading shown at contours at the
same interval as provided above or as
required to clearly indicate the
relationship of proposed changes to
existing topography and remaining
features.
A landscape plan, drawn to an appropriate
scale, including dimensions and distances
and the location, type, size and
description of all proposed landscape
materials which will be added to the
site.
A drainage plan of the developed site
delineating in which direction and at
what rate storm water will be conveyed
from the site and setting forth the areas
of the site where storm water will be
allowed to collect.
The proposed size, alignment, profiles
and intended use of any structures to be
erected on the site.
Any other information pertinent
particular project which in the
of the applicant is necessary
review of the project.
This ordinance shall become effective from and after its passage
and publication.
(5)
to the
opinion
for the
Passed by the City Council
day of
of the City of Prior Lake this
, 1993.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
, 1993
day of
Drafted By:
Joel Rutherford
Water Resources Coordinator
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372
rnrn~~v
POLICIES FOR PRIVATE DEVELOPMENT PROJECTS
POLICY STATEMENT
1. EROSION CONTROL PLAN
It is the policy of the City of Prior Lake that the
construction of private developments shall have a site
construction plan outlining the erosion control measures
based on the 1989 Edition, Protecting Water Quality in Urban
Areas as pUblished by the Minnesota Pollution Control Agency
or an equivalent set of standards and as written in the City
Code.
The requirements included in the proposed Storm
Management Ordinances are as follows:
l. Locations and dimensions of all proposed land disturbing
activities and any phasing of those activities.
Water
2. Locations and discussions of all temporary soil and dirt
stockpiles.
3. Locations and discussions of all
erosion control
as outlined in Protect in
4 .
Schedule of anticipated starting and
each land disturbing activity,
installation of construction site
measures.
completion date of
including the
erosion control
5. provisions for maintenance of the construction site
erosion control measures during construction.
In addition to the above site construction plan
requirements, the City will require silt fence be placed
behind the streets concrete curb and gutter within 7
calendar da~s after the concrete curb and gutter is
placed. S1lt fence placement shall be located as
determined by the City Engineer within the street
boulevard area.
with an approved building permit, an opening through the
silt fence will be allowed for each lot for entry and
exit access. At the construction access opening to each
individual site, a temporary rock construction entrance
oooo~~v
shall be provided for vehicular access as per the
standard detail plate as contained in protectin9 Water
Qualitr in Urban Areas, published by the M1nnesota
Pollutlon Control Agency.
These erosion control measures shall be required for all
new construction, except in those cases where the
weather makes the installation of such measures
un~racticable as determined by the City Engineer or
BU1lding Official.
Building permits will not be issued until lot grading,
topsoil placement, erosion control, and re~ired turf
placement are completed. The building perm1ts can be
completed in Blocks rather than waiting until the entire
subdivision grading is complete. The existing policy of
issuing one Building Permit per parcel remains in effect.
certificate of Occupancy permits have been issued in the past
after the bituminous base course has been placed for the
streets in the development. This policy will be continued
for future developments.
/
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CONf'D~'TIAL
Lommen, Nelson, Cole & Stageberg, P.A.
ATrORNEYS AT LAW
LEONARD T. JUSTBR ·
HBNRY H. PIlI~IlNA
ALVIN S. NAUtON
aONALD L HA5ltVrI"Z
ftGLIJP A. OOI..B,
MARl N. STAOIlBBRO .
aOOD V. ITAOBBBRO
GLaNN R. USSBL
THONAS Il. JACOBSON.
JOHN N. OIBUM ·
JOHN R. NcBRIDB t
1. 0UUST0PHI!Jt aJNI!O
THONAS P. DOUOHIlRTY
STACBY A. D.lALB
ItA Y NORD HUNT
RICHARD L. PLAOBNS
WICHABL P.'HROYBR t
IIHIUCH L KOCH
MAROIB R. BODo\S
JAMBS N.l.OC:SHART
STBPHBN C. RA1HD
JAMBS C. SBAJWI
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JtI!D) R. UNDQUISI'
JANBS a. JOHNSON
TBRItANCa W. NOORB
LlND4G. AXIlUlOD
CIlAIO D.1LAUS1NO
NAlCA. JOHANNSBN
AN01!LA W. AUJIN
ADAN UM1'SET
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REPLY TO: NINNEAPOUS OFf1(]!
WIU11lIl'S DIR1lCJ' DIAL NUWBER:
(612) 336-9305
OP C1lUN!lIlL:
V. OWIIN NIll.SON
JOHN P. LOt.CM1lN (1927-1981)
WYMAN SNl11i (Recired)
NAnSUWVAM (Recired)
. Cenln.. ClYlI Trial Sp.clllllt
· Cenln.. aulllltat. Speclalllt
March 11, 1993
VIA FACSIMILE AND U.S. MAIL
Mayor and City Council of Prior Lake
c/o Ms. Deb Garross
City of Prior Lake
4629 Dakota St SE
Prior Lake MN 55372
RE: Crown CoCo, Inc. v. City of Prior Lake
Our File No. P53846-2
Dear Mayor and Council:
On March 9, 1993, a hearing was held in Scott County District
Court before the Honorable Jean Davies on our motion to dismiss
Crown CoCo's case against us. Crown Coco has also moved for
judgment against the city. The judge did not rule on either of the
motions and, instead, continued the case for approximately three
weeks so that both attorneys could go back to their clients to
discuss settlement. The judge held a conference with myself and
the attorney for Crown CoCo which lasted for about an hour. During
that conversation, the judge tried to find a way in which the case
can be resolved without the necessity of further litigation.
There are three things wrong with Crown CoCo's signs:
1. They have two free standing signs.
The ordinance only permits one free
standing sign.
2. The sign is within 10 feet of the
road right-of-way.
(
(.
t.o..eD, NellOIl, CGk a s~ PA
CONr'OtSTIAL
Mayor and City Councilor Prior Lake
March 11, 1993
Page 2
3. The sign is 96 square feet. The
maximum size for a free standing
sign, under the ordinance, is 75
square feet.
with regard to the first issue, Crown CoCo stated that it was
willing to remove the Kerr McGee sign and do some work on its
canopy. The judge stated that she did not care about the canopy
and was glad to know that Crown Coco was willing to cure this part
of the violation.
with respect to the second issue, the judge told the attorney
for Crown CoCo that she was very uncomfortable with Crown CoCo's
position that it had a right to be that close to the right-of-way.
It became clear that the judge would rule in our favor with respect
to that part of the violation. She then asked me if the city would
be willing to help pay for the cost of moving the sign. I told her
that I had no authority to do so but that I would go back to the
council and see if the council would be interested.
If the council determines, as a matter of policy, that it will
not pay any costs for a property owner to comply with the
ordinance, then I can report that back to the judge. The city may
very well take the position that, as a matter of policy, it will
not spend public money for that purpose. On the hand, if the city
is willing to discuss the economics of the situation, the city may
determine that it would be willing to avoid the costs of legal
fees. In other words, if one-half of the costs of moving the sign
were less than what might be expected if the case does not settle,
then the council may decide, based on the economics of the
situation, to assist Crown CoCo in the cost of moving.
With respect to the third issue, the judge asked me if the
city would be willing to delay reduction of the sign for a one to
two year period. Crown CoCo suggested that the period be five
years. The judge said that five years would be too long. I told
the judge that the council would have to make that type of
decision. There are advantages in giving Crown CoCo some
additional period of time to comply with the size restriction.
First, the sign would be moved and the Kerr McGee sign would be
eliminated immediately. The only time extension would relate to
the size of the sign. Second, as part of the settlement agreement,
the judge would issue an order requiring Crown CoCo to remove the
sign by a certain date. As it stands now, even if we win this
lawsuit, we would not get a court order requiring removal. The
city would have to either go to court civilly or charge Crown Coco
with a criminal violation. The enforcement process would take
(
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CONr,ot:STIAL
Loaaaaea, NebOllt Cole " SV. .... P A.
Mayor and City Councilor Prior Lake
March 11, 1993
Page 3
time anyway. The enforcement process could be avoided by getting
a court order requiring size reduction by a certain date.
I recommend that the city give me authority to offer a delay
of the size reduction until April 1, 1995, provided that the court
issues an order to that effect in order to avoid any further
proceeding to enforce the ordinance. I will start by agreeing to
only a one year exception. This would also be conditioned upon
their removal of the Kerr McGee sign and the moving of the EZ Stop
sign by June 15, 1993.
The question of whether the city wants to help pay for moving
the sign depends on what policy the city wishes to pursue. If the
city is willing to consider the economics of the situation, I
recommend that the city agree to pay $1,000 or half the cost of
moving, whichever is less. Of course, if the city determines, as
a matter of policy, that it will not pay, I am very comfortable
with that and will be able to explain that to the judge.
Please keep in mind that a settlement puts an end to the
litigation costs and uncertainty. If we do not settle, and then
end up winning the case, Crown CoCo may very well appeal which
would delay compliance and result in more costs to the city. Crown
CoCo has shown a history of being willing to spend money on legal
fees in order to maintain its signs.
I will be at the council meeting on Monday night to further
discuss this.
Very truly yours,
& STAGEBERG, P.A.
Stephen C. Rathke
SCR: jrw
cc: Mr. Tom Felcyn - GAB
Glenn Kessel, Esq.
CONFIDENTIAL FOR ADDRESSEE AND MR. GRASER ONLY
ATroRNEY/CLIE:IT PRI\lILEGE