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HomeMy WebLinkAbout10 11 1983MINUTES of the Proceedings of the 'City Councii,of the City of Prior Lake in the County of Scott,and`State of Minnesota, including all accounts audited by said Council. October 11,`-1983 The Common Council of the City of Prior Lake met in regular session on Tuesday, October 11, 1983 at 7:30 PM in the City Council Chambers. Mayor Stock called a the meeting to order. Present °were Mayor Stock, Councilnembers Busse,, Scott and City Planner Graser. Councilmembers Schweich, Thorkelson and City Manager FcGuire were absent. " Mayor Stock asked everyone to please rise for the pledge of allegiance. " The „minutes of October 3, 1983 were reviewed. , r, The following corrections are to be made to the minutes of October 3, 1983. t 3 Page 2 Paragraph 9 SHOULD READ: The original section by the street was constructed in 1959, and the second portion was designed in 1971. Page 2 Paragraph 9 SPELLING: entails i Minutes Page 3 Paragraph 6 SPELLING: tonights Motion, by Busse to approve the minutes of October 3, 1983 as amended, seconded by Scott and upon a vote taken it was duly passed. Mayor Stock then requested the Council to consider the approval of payment for a submitted by Borgerding Builders, Inc., for the amount of '$4,360.00. This was per the agreement between the City and George Borgerding. Councilmember Busse asked if this was"for the library. Mayor Stock stated that it was. , Payment for Motion by .Busse to` approve the payment of $4,360.00 for the bill submitted by w Borgerding Borgerding Builders, Inc., seconded by Scott and upon a vote taken it was duly Builders, Inc. passed, Mayor, Stock then called the Public Hearing to consider amending the Zoning Ordinance to Include Agricultural Preserve Status to order. The published ” notice was read. "He, then asked if any written or oral comments were received. a a There were none. Mayor Stock then asked City Planner Graser to review this for the Council. City Planner Graser stated that he had a slide presentation from the Metropo- litan Council that would explain the Agricultural Preserve Act he would like to show to the Council. 'After the presentation, he'stated that the Planning Commission reviewed this amendment to the ordinance at the last Planning Commission Meeting and it would be their recommendation that the 4.1 Agricultural Preserve be °added to the Zoning Ordinance. He further stated that this section outlines the qualifications for Ag Preserve Status. In« conjunction, Section 4.2 - Lot and Yard Requirements for A -1 and C -1 Districts should be amended to include Agricultural Preserves with a minimum lot size of 40 °acres and , a density of one unit. Leo Verling was present and commented on the Ag Preserve Act. There was discussion by Council and Staff. 4.3 Agri!;,. ` Sr Motion by Busse to adopt the..recommendation of the Prior lake Planning Commis- ' Preserve Sion that`4.3 Agricultural Preservei added to the Prior Lake Zoning Ordinance, in conjunction thereto that section 4.2 - Lot and Yard Requirements for A -1 and C -1 Districts be amended to include Agricultural Preserves with a minimum of 40 acres and a density of one unit, seconded by Scott. Councilmember Scott asked how the areas were determined. City Planner Graser stated that the areas shown on the map are the only areas o ' that qualify. The property can.only be zoned A -1 or C -1, it cannot.,be zoned, ,. anything else. It also has to be outside of the 'City's urban service area. Page 1 MINUTES of the Proceedings of the City Council of the City of Prior Lake in the County of Scott and State of Minnesota, including all accounts audited by said Council. a There was further discussion.. Mayor Stock stated that the .land only goes into this preserve when both parties act. It is also the farmers obligation to come in and apply for this. The City alone by zoning will not make happen. Mayor Stock then called the question on the motion and upon a vote taken it was duly Passed.. Adjourn P.H. Motion by Scott to adjourn this public hearing, seconded1by Busse and upon a vote taken this public hearing was adjourned. Mayor Stock then called the Public Hearing to consider lands to be.inpluded in Agricultural Preserve to order. The published notice was read. He then asked if any written or oral comments were received: There were none. } Mayor Stock then asked City Planner Graser to review this for the Council. City Planner Graser referred to a zoning map, he stated that,the area out ' lined in black has been certified and is available for ag ` preserve status., It is the rural service area which is located north of.County Road 42:and west of County Road 21. There are a few exceptions, but the majority- of this area can qualify for ag preserve. It would be up to the municipality to. J, determine the agricultural zoning, but both the C -1 and the A -1 qualify for'. f the ag preserve We have eliminated the park land a urban concentration i ' which is zoned, R -1. The Indian Reservations have not been excluded, at this. time. Mayor Stock stated that on the basis of our current discussion, it would be ;t his opiilon that the reservations should be excluded. The ag preserve act_, has no impact or any.enforcement possibility for the reservations,.it ' is of no benefit to the reservations. for clarity purposes, they "should -be ex- cluded on the maps. City Planner'Graser then pointed out the locations of the reservations. ,q t , City Planner Graser then went on to say that within.this area, any farmer , t or any individual which would enroll under the act would come to the City r . to apply. The City would have the documentation available -and the indivi i f duals would'sign up if they qualify according to section 4.3 of the Prio,Y.- Lake City Zoning Code. The City is only certifying the land that is el- #, ,gible the applicant would then have to come in and petition. It is also important to remember that ag preserves can contir` "lue indefinitely but will expire - yeas after City or owner initiate expiration. The emphasis ;. Is to preserve and keep farmland in production and to recognize farmers investments in equipment and the land .use. There was question on why the owners of the land would not be able to use the tax benefit this year. Mayor Stock asked City�Planner Graser to mark the zoning map as Council Exhibit "A with todays date. He then stated that it should be noted that the` contingencies of the boundaries would exclude the" federal lands within the preserve as shown on Exhibit "A ". = City Planner Graser stated that he was.-going to make up anew map, excluding the federal lands. Mayor Stock asked if there was any other commentsor questions. Mayor Stock then further questioned why the owners would have to wait_ui a =` M A<< 1985;to qualify., This would be a tax benefit, why can't they qualify fo the 1984 tax break. �± City Planner Graser stated that 1984 taxes had to be cer;Cified'on October 10; 1983. He that he stated would contact the Metropolitan Council to see if something could be donee. There was further discussion. �i Page 2 > t> Mli4UTES of the Proceedings of the City Council of the City of Prior Lake in the• County of Scott and State of Minnesota, including. -all accounts audited by said Council. _ City Planner Graser was asked by the Council to contact the County and Metropolitan Council =authorities involved and to request their assistance in establishing 1984 as the effective year for the tax break for the Ag Preserve in Prior Lake. Motion by Busse to adopt the area as described on Exhibit "A" with the contingency, that the federal lands be excluded from the preserve act, seconded by Scott.' City'Planner:Graser stated that he did not feel °that there is a lot of lands available for the ag preserve act, because of the dividing of the parcels into 10 or 20 acre ,lots, and slot of' the -40 acre lots have one or two houses on them. There was further discussion on this. = Mr. Verling had further comments for the Council, " R Mayor Stock asked that Mr. Verling ,come in and see City Planner Graser and fill out an application for rezoning,, then we will schedule the public hearing for the:homeplace which would then qualify for the preserve status. There was further discussion by Council, Staff and.M'r. Verling.;, Mayor Stock called the question on the motion and upon a�vote'taken it•was duly passed. r Mayor Stock stated as a point of order, the Council should continue'this "•' Public Hearing so that the map can be put:into final form and the resolution describing the area be drafted to form. zr' Mayor Stock stated for the record that this Public 'Hearing would be continued in 2 weeks"for the `purpose of preparing the final documents with the legal description describing the ag preserve act area in the City of Prior Lake. " Mayor Stock .then thanked .Mr. Verling for coming He also stated that ' Mr. Verling might want)to mention to. -the other neighbors that they could' receive this tax break. s t:?Mayor Stock stated that.the next item would be a Directional Sign Permit' Request by Norman Crooks. City Planner Eraser reviewed this for the Council. He stated that this is a directional�s gn permit request for the Smoke Shop. Mr.,Crooks has petitioned to put -up a sign at the intersection of County Road 42_and 83 advertising the smoke shop. The Planning Commission has reviewed the request and recommends.. ` to -the City Council items 1-7 on a memorandum dated August 15,,'1983 be placed as conditions on 'ihe permit itself. He further stated that there is currently , a sign for the Smoke Shop that was put up w+•iout a permit. There was discussoo by.Council and Staff. approval of Motion by Busse to accept the Planning Commission's recommendations and approve smoke shop the on the basis of the 7 contingencies and `cite ,them for the sign that sign. -of 42,- is presently up, but to acknowledge that they have requested for a sign permit,, seconded by 'Scott. Councilmember -Busse commented on all the signs that are being,pl`aced at the intersection of.County road 42. City Planner Graser stated that was an item that was discussed•by the "one Planning Commission; how many signs do we actually, allow in. area. k Mayor Stock called 'th'e question and upon a vote taken it was duly passed. Mayor Stock asked if there was any other business. City Planner Graser asked that the Council schedule a Public Hearing for a , road vacation :for,Watle Brooks, suggested date wouid.be November 14 1983 at E l 8 :00 PM. i Page 3 a �� � K b iP^- iS,� ;� �:x"` �9 �ko. `^ lai ' , ,r �, xa.3." t,+ ✓. •. _ - k " `!Y i k, -mw , 1AY � ,` i , . }' _ MINUTES of the Proceedings of the City Council of the City of Prior Lake in the