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CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 10, 2014
AGENDA #: 51
PREPARED BY: JEFF MATZKE, PLANNER
PRESENTED BY: DAN ROGNESS, COMMUNITY & ECON. DEVELOPMENT DIRECTOR
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SUBSECTIONS
1104.201 AND 1104.900 OF THE ZONING ORDINANCE TO INCLUDE
CLEARY LAKE IN SHORELAND REGULATIONS AND TO INCLUDE A
NEW SECTION FOR SHORELAND NONCONFORMING LOTS
DISCUSSION: Introduction
The purpose of this agenda item is to review ordinance amendments to
Section 1104 of the Shoreland District.
History
On January 21, 2014 the Planning Commission held a public hearing
regarding the following ordinance amendments. No public comment was
presented at the public hearing. The Planning Commission recommended
approval of the amendments based on the findings outlined in this report.
Current Circumstances
On July 8, 2013, the City Council annexed a portion of land in the southeast
quadrant of the City. This area (known as the Hunter Annexation) has
portions located within the Shoreland District of Cleary Lake. Cleary Lake is
not currently listed within the Shoreland Ordinance; therefore, the following
amendment is proposed to include Cleary Lake within the shoreland district
regulations of the City of Prior Lake.
Subsection 1104.201 (Shoreland Management Classification)
Natural Environment Lakes DNR ID No. OHWM
1. Howard Lake 70 -73P 957.3
Township 114, 115N, Range 22W, Sections
5, 32
2. Pike Lake 70 -76P 820.5
Township 115N, Range 22W, Section 23
3. Unnamed (Arctic Lake) 70/85 906.7
Township 115N, Range 22W, Sections 33,
34SW
4. Keup's Lake (Mystic Lake) 70 -79W 960.0
Township 115N, Range 22W, Section 27NW
5. Hass Lake 70 -78 907.3
Township 115N, Range 22W, Section 27NW
6. Campbell Lake 70 -56 925.5
Township 114N, Range 22W, Sections 5 & 6
7. Crystal Lake 70 -61 943.3
Township 114N, Range 22W, Sections 10 &
8. Rice Lake 70 -60 945.0
Township 114N, Range 22W, Sections 10 &
9. Cleary Lake 70 -22 937.8
Township 114N, Range 21W, Section 7
Subsection 1104.900 (Development On Nonconforming Lots)
An ordinance amendment is proposed for the development on Nonconforming
Lots within the Shoreland District. The DNR has informed the City that a
change has occurred in the State Statutes regarding development on
nonconforming Tots which is not reflected within the City's regulations. The
following language is proposed to be added to Subsection 1104.902:
(2) All Areas: Development of all nonconforming legal lots of
record existing upon the effective date of this Section shall comply
with the following:
a. In a group of two or more contiguous lots of record under a
common ownership, an individual lot must be considered as
a separate parcel of land for the purpose of sale or
development, if it meets the following requirements:
(1) The lot must be at least 66 percent of the dimensional
standard for lot width and lot size;
(2) The lot must be connected to a public sewer, if
available, or must be suitable for the installation of a
Type 1 sewage treatment system;
(3) Impervious surface coverage must not exceed 30
percent of each lot; and
(4) Development of the lot must be consistent with an
adopted comprehensive plan.
b. A lot subject to paragraph (a) not meeting the requirements
of paragraph (a) must be combined with the one or more
contiguous lots so they equal one or more conforming lots
as much as possible.
c. Notwithstanding paragraph (a), contiguous nonconforming
lots of record in shoreland areas under a common
ownership must be able to be sold or purchased individually
if each lot contained a habitable residential dwelling at the
time the lots came under common ownership and the lots
are suitable for, or served by, a sewage treatment system,
or connected to a public sewer.
d. In evaluating all variances, zoning and building permit
applications, or conditional use requests, the zoning
authority shall require the property owner to address, when
appropriate, storm water runoff management, reducing
impervious surfaces, increasing setback, restoration of
wetlands, vegetative buffers, sewage treatment and water
supply capabilities, and other conservation- designed
actions.
e. A portion of a conforming lot may be separated from an
existing parcel as long as the remainder of the existing
parcel meets the lot size and sewage system requirements
of the zoning district for a new lot and the newly created
parcel is combined with an adjacent parcel.
ISSUES: The City requirements regarding amendments to the Ordinance state that the
determinations of the City Council shall be supported by findings addressing
the relationship of the proposed amendment to specific policies. In the case
of amendments to the formal text of the Ordinance the following criteria are
evaluated:
➢ There is a public need for the amendment, or
➢ The amendment will accomplish one or more of the
purposes of the Ordinance, the Comprehensive Plan or
other adopted plans or policies of the City, or
➢ The adoption of the amendment is consistent with State
and /or Federal requirements.
1. There is a public need for the amendments.
The proposed ordinance amendments are proposed due to the expansion
of the City in a recently annexed area which includes the shoreland district
of a lake (Cleary Lake) which was not previously within the City boundaries
prior to the recent annexation. An amendment is needed so that the City
can regulate the Shoreland Ordinance over the area consistent with other
shoreland districts within the City. Also an amendment is needed to
provide clarity for the orderly development upon nonconforming lots within
the shoreland districts. The proposed Ordinance amendments address
these identified areas for property development and clarify the intent of City
regulations.
2. The amendments will accomplish one or more of the purposes of the
Ordinance, the Comprehensive Plan, or other adopted plans or
policies of the City.
This amendment will accomplish an objective of the 2030 Vision and
Strategic Plan under the Environmental and Natural Resource Protection
goal, which is to provide for conservation and protection of the lakes and
surface water. In addition, the amendments will achieve the policy of the
City to enact and maintain policies and ordinances to ensure the public
safety, health, and welfare. Also the proposed amendments meet the
following purposes of the Ordinance:
➢ Promote the most appropriate and orderly development of the residential,
business, industrial, public land and public areas.
➢ Conserve natural resources and environmental assets of the
community.
3. The adoption of this amendment is consistent with State and/or
federal requirements.
These amendments are consistent with federal and state requirements.
Specifically in the case of the ordinance amendment to Section 1104.900,
the purpose is to align the City's ordinance with the State Statute.
The proposed Ordinance amendments are intended to continue to provide
clarification and intent of the City regulations as well as align the Ordinance
with State Statues in the case of the amendment to Section 1104.900. City
Staff believes these ordinance amendments will accomplish purposes defined
in the City's Comprehensive Plan and Ordinances. Based upon the findings
set forth in this report, City Staff recommends approval of the proposed
Ordinance amendments.
ALTERNATIVES: 1. Adopt an Ordinance amending the Shoreland section of the Zoning
Ordinance as proposed, or with amendments.
2. Deny the proposed Ordinance amendments based on specific findings.
3. Table action and direct city staff to provide additional information.
RECOMMENDED City Staff and the Planning Commission recommend Alternative #1.
MOTIONS:
ATTACHMENTS: 1. Resolution 14- XX
2. Ordinance 114 -XX
3. Ordinance Summary
4. Map Exhibit of Cleary Lake Shoreland District Boundary
5. Redlined Ordinance Amendments to Section 1104
4
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Prior Lake, MN 55372
'
CITY OF PRIOR LAKE
ORDINANCE NO. XXX -XX
AN ORDINANCE AMENDING SECTION 1104.200 AND SECTION 1104.900 OF THE PRIOR LAKE CITY ORDINANCE
1. The City Council of the City of Prior Lake does hereby ordain that Subsection 1104.200 (Designation of Types of Land
Use) of the Prior Lake Zoning Ordinance is hereby amended as follows:
1104.201: Shoreland Management Classification:
Natural Environment Lakes DNR ID No. OHWM
1. Howard Lake 70 -73P 957.3
Township 114, 115N, Range 22W, Sections 5, 32
2. Pike Lake 70 -76P 820.5
Township 115N, Range 22W, Section 23
3. Unnamed (Arctic Lake) 70/85 906.7
Township 115N, Range 22W, Sections 33, 34SW
4. Keup's Lake (Mystic Lake) 70 -79W 960.0
Township 115N, Range 22W, Section 27NW
5. Hass Lake 70 -78 907.3
Township 115N, Range 22W, Section 27NW
6. Campbell Lake 70 -56 925.5
Township 114N, Range 22W, Sections 5 & 6
7. Crystal Lake 70 -61 943.3
Township 114N, Range 22W, Sections 10 & 11
8. Rice Lake 70 -60 945.0
Township 114N, Range 22W, Sections 10 & 11
9. Cleary Lake 70 -22 937.8
Township 114N, Range 21W, Section 7
2. The City Council of the City of Prior Lake does hereby ordain that Subsection 1104.902 of the Prior Lake Ordinance
is hereby amended as follows:
1104.902 Nonconforming Lot: Development of a nonconforming lot of record requires sensitivity and careful
attention to issues of drainage, setbacks, flood plain elevation, grading, lot coverage, existing vegetation
cover, and relationship to adjacent structures. New construction upon nonconforming Tots should be
carefully designed to integrate with the existing neighborhood development. It is the intent of this Section
to provide flexibility to develop nonconforming Tots. However, the requirements outlined herein are
intended to define the conditions under which the City will allow a nonconforming lot to be developed for
single - family detached dwelling purposes without a variance. Development on nonconforming lots of
record which do not comply with these criteria may only be considered after application for, and approval
of, appropriate variances as provided for in Subsection 1108.400.
(1) Sewered Areas: A legal lot of record existing upon the effective date of this Section in a residential
district, located adjacent to a General Development or Recreational Development Lake, which does not
meet the requirements of this Section as to area or width may be utilized for single - family detached
dwelling purposes, provided that all of the conditions of this subsection apply:
a. The minimum lot size with public sewer shall be a minimum of 50 feet in width measured at the
front yard setback line and shall have a minimum lot area equal to or greater than 7,500 square
feet.
b. The lot has been assessed a sewer and water assessment and will not require an on -site septic
system for development.
c. The lot was created compliant with official controls in effect at the time.
d. The development plans shall be in conformance with the policies for residential development
as outlined in the Comprehensive Plan.
e. The development plan shall not exceed thirty percent (30 %) impervious surface coverage.
f. Development shall be planned and conducted in such a manner that the control of disturbed
areas and erosion is demonstrated during and after construction.
g. A complete grading and drainage plan shall be submitted to the City Engineer for review. Such
plans should be prepared in accordance with the Storm Water Management Plan.
h. The lot and proposed structure shall meet all other performance standards of the zoning and
building codes.
(2) All Areas: Development of all nonconforming legal Tots of record existing upon the effective date of this
Section shall comply with the following:
a. In a group of two or more contiguous lots of record under a common ownership, an individual
lot must be considered as a separate parcel of land for the purpose of sale or development, if
it meets the following requirements:
(1) The lot must be at least 66 percent of the dimensional standard for lot width and lot size;
(2) The lot must be connected to a public sewer, if available, or must be suitable for the
installation of a Type 1 sewage treatment system;
(3) Impervious surface coverage must not exceed 30 percent of each lot; and
(4) Development of the lot must be consistent with an adopted comprehensive plan.
b. A lot subject to paragraph (a) not meeting the requirements of paragraph (a) must be
combined with the one or more contiguous lots so they equal one or more conforming lots as
much as possible.
c. Notwithstanding paragraph (a), contiguous nonconforming lots of record in shoreland areas
under a common ownership must be able to be sold or purchased individually if each lot
contained a habitable residential dwelling at the time the lots came under common ownership
and the lots are suitable for, or served by, a sewage treatment system, or connected to a
public sewer.
d. In evaluating all variances, zoning and building permit applications, or conditional use
requests, the zoning authority shall require the property owner to address, when appropriate,
storm water runoff management, reducing impervious surfaces, increasing setback,
restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities,
and other conservation- designed actions.
e. A portion of a conforming lot may be separated from an existing parcel as long as the
remainder of the existing parcel meets the lot size and sewage system requirements of the
zoning district for a new lot and the newly created parcel is combined with an adjacent parcel.
3. This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 10th day of February, 2014.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published (summary) in the Prior Lake American on the 15th day of February, 2014.
2
Drafted By:
Prior Lake Community & Economic Development Department
4646 Dakota Street
Prior Lake, MN 55372
3
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4646 Dakota Street SE
't'NNEse" Prior Lake, MN 55372
RESOLUTION 14 -xxx
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO 114 - AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Motion By: Second By:
WHEREAS, Ordinance No. 114- was adopted and order published at a regular meeting of the
City Council of the City of Prior Lake held on the 10th day of February, 2014.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. Ordinance No. 114 -_ is lengthy.
2. The text of the summary of Ordinance No. 114 -_, attached hereto as Exhibit A, conforms to Minn.
Stat. Section 331A.01, Subd. 10, and is approved, and publication of the title and summary of the
Ordinance will clearly inform the public of the intent and effect of the Ordinance.
3. The title and summary shall be published once in the Prior Lake American in a body type no smaller
than brevier or eight -point type.
4. A printed copy of the Ordinance shall be made available for inspection by any person during regular
business office hours at the office of the City Clerk, and a copy of the entire text of the Ordinance shall
be posted in the City offices.
5. Ordinance No. 114 -_ shall be recorded in the Ordinance Book, along with proof of publication, within
twenty (20) days after said publication.
PASSED AND ADOPTED THIS 10TH DAY OF FEBRUARY, 2014.
YES NO
Hedberg Hedberg
Keeney Keeney
McGuire McGuire
Morton Morton
Soukup Soukup
Frank Boyles, City Manager
4646 Dakota Street SE
4 rrso' 1 Q' Prior Lake, MN 55372
EXHIBIT A
SUMMARY OF ORDINANCE NO. 114 -
AN ORDINANCE AMENDING SUBSECTIONS 1104.200 AND 1104.900 OF THE PRIOR
LAKE ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, HEREBY ORDAINS:
Summary:
SUBSECTION 1104.200, DESIGNATION OF TYPES OF LAND USE
In Subsection 1104.201, Shoreland Management Classification, Cleary Lake was added to the
list of Natural Environmental Lakes regulated under the Shoreland Regulations.
SUBSECTION 1104.900, DEVELOPMENT ON NONCONFORMING LOTS
Subsection 1104.900 (2), states regulations for nonconforming Tots of common ownership within
the Shoreland district.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 15th day of Febraury, 2014.
Shoreland Ordinance Amendment
Cleary Lake
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Zoning Ordinance
SECTION 1104
SHORELAND REGULATIONS
SUBSECTIONS
1104.100: General Provisions
1104.200: Designation of Types of Land Use
1104.300: Zoning Provisions
1104.400: Shoreland Alterations
1104.500: Special Provisions for Commercial, Industrial, Public /Semi- Public,
Agricultural and Forestry
1104.600: Water Supply and Sewage Treatment
1104.700: Conditional Uses
1104.800: Planned Unit Developments (PUDs)
1104.900: Development on Nonconforming Lots
(The following is an excerpt for illustrative purposes)
1104.200: DESIGNATION OF TYPES OF LAND USE:
1104.201 Shoreland Management Classification: In order to guide the wise
development and utilization of shorelands of protected water for the
preservation of water quality, natural characteristics, economic values and the
general health, safety and welfare, certain protected waters in the City have
been given a shoreland management classification.
These protected waters of the City have been classified by the Commissioner
of Natural Resources according to the DNR Protected Waters Maps for Scott
County as follows:
Natural Environment Lakes DNR ID No. OHWM
1. Howard Lake 70 -73P 957.3
Township 114, 115N, Range 22W, Sections 5,
32
2. Pike Lake 70 -76P 820.5
Township 115N, Range 22W, Section 23
3. Unnamed (Arctic Lake) 70/85 906.7
Township 115N, Range 22W, Sections 33,
34SW
4. Keup's Lake (Mystic Lake) 70 -79W 960.0
Township 115N, Range 22W, Section 27NW
5. Hass Lake 70 -78 907.3
Township 115N, Range 22W, Section 27NW
Ciry of Prior Lake
June 1, 2009 1104 /pt
Zoning Ordinance
6. Campbell Lake 70 -56 925.5
Township 114N, Range 22W, Sections 5 & 6
7. Crystal Lake 70 -61 943.3
Township 114N, Range 22W, Sections 10 &
8. Rice Lake 70 -60 945.0
Township 114N, Range 22W, Sections 10 &
9. Cleary Lake 70 -22 937.8
Township 114N, Range 21W, Section 7
Recreational Environment Lakes DNR ID No. OHWM
1. Markley Lake 70 -21W 893.2
Township 114N, Range 21, 22W, Section 6.1
2. Unnamed (Blind Lake) 70 -53 948.7
Township 114, Range 22W, Sections 1, 2
3. Unnamed (Jeffers Pond)
Township 115, Range 21, 22W, Section 27 70 -77 866.1
General Development Lakes DNR ID No. OHWM
1. Spring Lake 70 -54P 912.8
Township 114, Range 22, Sections 3 -5, 8 -10
2. Lower Prior Lake 70 -26P 904.0
Township 115, Range 21, 22, Sections 30,
25, 26, 35, 36
3. Upper Prior Lake 70 -72P 904.0
Township 114, 115N, Range 22W, Sections
2 -4, 34, 35
Tributary Streams Legal Description
1. Unnamed (to Upper Prior Lake) SE 1/4, Section 4; SW 1/4, Section 3
Township 114N, Range 22W
2. Unnamed Tributary NE 1/4, Section 26; Section 23; SE
Cig
of Prior bake
June I, 2009 1104/p2
Zoning Ordinance
1/4, Section 14, Township 115N,
Range 22W
1104.202 Shoreland District: The shorelands of the City of Prior Lake are hereby
designated as a Shoreland Overlay District. The purpose of the Shoreland
Overlay District is to provide for the wise utilization of shoreland areas in order
to preserve the quality and natural character of these protected waters of the
City.
(1) Permitted Uses: All permitted uses allowed and regulated by the applicable
zoning district as indicated on the official Zoning Map of the City.
(2) Conditional Uses: All conditional uses and applicable attached conditions
allowed and regulated by the applicable zoning district underlying this
Shoreland Overlay District as indicated on the official Zoning Map of the City
and as required by Subsection 1108.200.
(3) Nonconforming Uses: Any uses of shorelands which were in legal existence
prior to the date of enactment of this Section which are permitted within the
applicable Use District, but do not meet the minimum lot area, setbacks or other
dimensional requirements of this Chapter are nonconforming uses. However,
structural alterations which substantially increase the nonconforming
dimensions may not be allowed.
(4) Prohibited Uses: Any uses which are not permitted, permitted with conditions,
or permitted as conditional uses as regulated by the applicable Use District
underlying this Shoreland Overlay District as indicated on the official Zoning
Map of the City.
(The following is an excerpt for illustrative purposes)
1104.900: DEVELOPMENT ON NONCONFORMING LOTS:
1104.901 Purpose: The purpose of regulating development on substandard lots of
record is to coordinate development on substandard lots to ensure
environmentally sensitive development, ensure compatibility with surrounding
existing development and to allow for combination of lots to the extent possible.
1104.902 Nonconforming Lot: Development of a nonconforming lot of record requires
sensitivity and careful attention to issues of drainage, setbacks, flood plain
elevation, grading, lot coverage, existing vegetation cover, and relationship to
adjacent structures. New construction upon nonconforming lots should be
carefully designed to integrate with the existing neighborhood development. It
is the intent of this Section to provide flexibility to develop nonconforming lots.
However, the requirements outlined herein are intended to define the conditions
under which the City will allow a nonconforming lot to be developed for single -
family detached dwelling purposes without a variance. Development on
nonconforming lots of record which do not comply with these criteria may only
Ciry of Prior Lake
Jayne 1, 2009 1104/p3
Zoning Ordinance
be considered after application for, and approval of, appropriate variances as
provided for in Subsection 1108.400.
(1) Sewered Areas: A legal lot of record existing upon the effective date of this
Section in a residential district, located adjacent to a General Development or
Recreational Development Lake, which does not meet the requirements of this
Section as to area or width may be utilized for single - family detached dwelling
purposes, provided that all of the conditions of this subsection apply:
a. The minimum lot size with public sewer shall be a minimum of 50 feet in
width measured at the front yard setback line and shall have a minimum
lot area equal to or greater than 7,500 square feet.
b. The lot has been assessed a sewer and water assessment and will not
require an on -site septic system for development.
c. The lot was created compliant with official controls in effect at the time.
d. The development plans shall be in conformance with the policies for
residential development as outlined in the Comprehensive Plan.
e. The development plan shall not exceed thirty percent (30 %) impervious
surface coverage.
f. Development shall be planned and conducted in such a manner that the
control of disturbed areas and erosion is demonstrated during and after
construction.
g. A complete grading and drainage plan shall be submitted to the City
Engineer for review. Such plans should be prepared in accordance with
the Storm Water Management Plan.
h. The lot and proposed structure shall meet all other performance
standards of the zoning and building codes.
(2) All Areas: Development of all nonconforming legal lots of record existing upon - -( Formatted: Font: Bold
the effective date of this Section shall comply with the following:
a. In a group of two or more contiguous lots of record under a common
ownership, an individual lot must be considered as a separate parcel
of land for the purpose of sale or development, if it meets the following
reauirements:
(1) The lot must be at least 66 percent of the dimensional standard for • - Formatted: Indent: Left: 1", Hanging: 0.5 ", No bullets or
lot width and lot size numbering
(2) The lot must be connected to a public sewer, if available, or must
be suitable for the installation of a Type 1 sewage treatment system:
Ciry of Prior Lake
June 1, 2009 1104/p4
Zoning Ordinance
(3) Impervious surface coverage must not exceed 30 percent of each
lot: and
(4) Development of the lot must be consistent with an adopted •- - - Formatted: Indent: Left: 1.44 ", No bullets or numbering
comprehensive plan.
b. A lot subiect to paragraph (a+) not meeting the requirements of 4- - _. Formatted: Normal (Web), Left, Indent: Hanging: 0.5 ",
paragraph (sa) must be combined with the one or more contiguous lots
Space Before: at , Font nt Alignment: 6 pt, Line spacing: At e ln :
pars Clear
9 15.1 pt, Hyphenate, Font Alignment: Baseline, Pattern: pear
so they equal one or more conforming lots as much as possible. (White), Tab stops: Not at -1" + -0.5" + 0.63" + 1" +
1.5" + 1.75" + 2.25" + 3.05" + 3.5"
c. Notwithstanding paragraph (a+), contiguous nonconforming lots of • -f Formatted: Indent: Left: 1 ", Hanging: 0.5"
record in shoreland areas under a common ownership must be able to
be sold or purchased individually if each lot contained a habitable
residential dwelling at the time the lots came under common ownership
and the lots are suitable for, or served by, a sewage treatment system,
or connected to a public sewer.
d. In evaluating all variances, zoning and building permit applications, or
conditional use requests, the zoning authority shall require the property
owner to address, when appropriate. storm water runoff management,
reducinq impervious surfaces, increasing setback, restoration of
wetlands, vegetative buffers, sewage treatment and water supply
capabilities, and other conservation- designed actions.
e. A portion of a conforming lot may be separated from an existing parcel
as long as the remainder of the existing parcel meets the lot size and
sewage system requirements of the zoning district for a new lot and
the newly created parcel is combined with an adjacent parcel.
- - Formatted: Normal (Web), Left, Indent: Left: 1 ", First line:
0 ", Space Before: 2.4 pt, After: 6 pt, Line spacing: At least
15.1 pt, Hyphenate, Font Alignment: Baseline, Pattern: Clear
(White), Tab stops: Not at -1" + -0.5" + 0.63" + 1" +
1.5" + 1.75" + 2.25" + 3.05" + 3.5"
(THIS SPACE INTENTIONALLY BLANK
FOR FUTURE AMENDMENTS)
6ty of Prior Lake
June 1, 2009 1104/p5