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HomeMy WebLinkAbout05(H) - Seven Acres Development EIS Need Decision ReportFINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION SEVEN ACRES DEVELOPMENT EAW FINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION CITY OF PRIOR LAKE, MN WSB PROJECT NO. R-016563-000 Seven Acres Development EAW For: City of Prior Lake March 5, 2021 Prepared by: SEVEN ACRES DEVELOPMENT EAW FINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION CITY OF PRIOR LAKE, MN WSB PROJECT NO. R-016563-000 TABLE OF CONTENTS ADMINISTRATIVE BACKGROUND ......................................................................................... 1 FINDINGS OF FACT AND CONCLUSIONS ........................................................................... 1 PROJECT DESCRIPTION ...................................................................................................... 1 PROJECT HISTORY ............................................................................................................... 1 CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. .............................................................................................. 2 RECORD OF DECISION ......................................................................................................... 6 APPENDIX A – Comments and Responses APPENDIX B – Resolution XXXX SEVEN ACRES DEVELOPMENT EAW FINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION CITY OF PRIOR LAKE, MN WSB PROJECT NO. R-016563-000 PAGE 1 ADMINISTRATIVE BACKGROUND Pursuant to Minnesota Rule 4410.4300, the City of Prior Lake has prepared an Environmental Assessment Worksheet (EAW) for the proposed Seven Acres Development (Project). This Record of Decision addresses the State of Minnesota environmental review requirements as established in Minnesota Rule 4410.1700. Highmark Builders, Inc. is the project proposer and City of Prior Lake is the Responsible Governmental Unit (RGU). The EAW was filed with the Minnesota Environmental Quality Board (EQB) and circulated for review and comments to the required EAW distribution list. A Notice of Availability for the EAW was published on the City of Prior Lake’s website (https://www.cityofpriorlake.com) on January 5, 2021 and in the Prior Lake American on January 9, 2021. Physical copies of the EAW were available at Prior Lake City Hall. No public hearing was held. The public comment period ended February 11, 2021. Comments were received from the following: • Minnesota Board of Water and Soil Resources (BWSR), • Minnesota Pollution Control Agency (MPCA), • Minnesota Department of Transportation, • Minnesota Department of Natural Resources (DNR), • Metropolitan Council, • Prior Lake Spring Lake Watershed District (PLSLWD), • Minnesota Office of the State Archeologist (OSA), • Minnesota State Historical Preservation Office (SHPO), • US Army Corps of Engineers (USACE), and • Eight residents of Prior Lake. All comments were considered in determining the potential for significant environmental impacts. Comments received and the City of Prior Lake responses to those comments are provided in Appendix A. FINDINGS OF FACT AND CONCLUSIONS As to the need for an Environmental Impact Statement (EIS) on this project and based on the record in this matter, including the EAW and comments received, the City of Prior Lake makes the following Findings of Fact and Conclusions: PROJECT DESCRIPTION The proposed Seven Acres development will include redevelopment of two parcels to construct a new single-family home and a detached outbuilding within the existing two parcels. The total project area spans 2.71 acres and the construction will include a bituminous driveway and stormwater management best management practices (BMPs) to accommodate stormwater runoff from the surrounding drainage area. On the eastern parcel, north of Kneafseys Street NE, a 1.01- acre wetland is proposed to be filled. This will reroute surface water that drains to the wetland and causes flooding and drainage issues to the newly-constructed stormwater BMPs. Following wetland fill, an approximately 7000 square foot outbuilding and driveway will be constructed. A portion of Cove Avenue SE south of Seven Acres Street and across from PID 251180010 will be vacated extending from 14744 Cove Avenue north to Seven Acres St. PROJECT HISTORY • The project was subject to a mandatory EAW per Minnesota Rule 4410.4300 Subpart 27B: Public waters, public water wetlands, and wetlands. This rule applies to SEVEN ACRES DEVELOPMENT EAW FINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION CITY OF PRIOR LAKE, MN WSB PROJECT NO. R-016563-000 PAGE 2 projects that will cause an impact to a total of one acre or more of wetland, regardless of type within a shoreland area. • The EAW was distributed to the EQB and to the EQB mailing list on January 12, 2021. • Public notices containing information about the availability of the EAW for public review were provided to City of Prior Lake Website on January 5, 2021 and were published in the Prior Lake American on January 9, 2021. • Hard copies of the EAW were provided for public review at Prior Lake City Hall. An electronic copy of the EAW was available on the City’s website. • A notice was published for the EAW in the January 12, 2021 EQB Monitor. The public comment period ended February 11, 2021. Comments were received from the following: ▪ Minnesota Board of Water and Soil Resources, ▪ Minnesota Pollution Control Agency, ▪ Minnesota Department of Transportation, ▪ Minnesota Department of Natural Resources, ▪ Metropolitan Council, ▪ Prior Lake Spring Lake Watershed District, ▪ Minnesota Office of the State Archeologist, ▪ Minnesota State Historical Preservation Office, ▪ US Army Corps of Engineers, and ▪ Ten residents of Prior Lake Copies of these comment letters are hereby incorporated for reference and included in Appendix A. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota Rule 4410.1700, subp. 1, states “An EIS [Environmental Impact Statement] shall be ordered for projects that have the potential for significant environmental effects.” In deciding whether a project has the potential for significant environmental effects, the City of Prior Lake must consider the four factors set out in Minnesota Rule 4410.1700, subp. 7. With respect to each of these factors, the City of Prior Lake finds the following: 1. MINNESOTA RULE 4410.1700, SUBP. 7.A – TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS a. The type of environmental impacts and mitigation efforts anticipated as part of this project include: Cover Types: The project proposes to convert 1.01 acre of wetland to upland (lawn/landscaping and impervious surface), remove approximately 0.79 acre of wooded area, and create 0.70 acre of stormwater BMP. SEVEN ACRES DEVELOPMENT EAW FINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION CITY OF PRIOR LAKE, MN WSB PROJECT NO. R-016563-000 PAGE 3 Zoning and Special Districts: The project area is currently zoned as R-1: Low Density Residential. The land to the east, north, and west of the project is zoned as single family residential by the City of Prior Lake. During review of the EAW, the Metropolitan Council commented that a Comprehensive Plan Amendment may be needed due to the development density outlined for this site in the City’s 2040 Comprehensive Plan Update. If development is pursued, the City will coordinate with the Metropolitan Council regarding the potential need for a Comprehensive Plan Amendment because the parcel is a lot of record and was not included in the developable land acreages which were used to calculate overall density in the 2040 Comprehensive Plan Update. The 100-year floodplain covers a portion of the property, but proposed work appears to be taking place outside the 100-year floodplain boundary. Most of the property is located within the 500-year flood zone. The property is located within the shoreland district of Prior Lake. The lake is classified as a General Development lake and requires a 75-foot structural setback from Prior Lake. Geology and Soils: The EAW indicated that based on the preliminary data review the project area is not located in a region that is prone to surface karst feature development. Based up these findings, the potential for geologic conditions to be problematic for future development is low. Soil disturbance will exceed 1 acre, so the project will require an NPDES permit and erosion related BMPs will be required to comply with the NPDES requirements, including the redundant sediment control measures. Overall, disturbance of the site’s soils is not expected to be problematic if appropriate BMPs are in place. Water Resources: The project is located within one mile of Prior Lake, an impaired water for fishes bioassessments and mercury in fish tissue. Additionally, the Credit River is located one mile southeast and is impaired for benthic macroinvertebrate bioassessments, chloride, Escherichia coli, and fishes bioassessments. Additional construction related BMPs will be required, according to items 23.9 and 23.10 of the NPDES/SDS CSW permit. One 1.01-acre wetland is located on the eastern half of the project site and is proposed to be filled with the project. If the project proceeds, the developer will need to maintain compliance with the Wetland Conservation Act and Sections 401 and 404 of the Clean Water Act. The developer will need to demonstrate need, evaluate alternatives, and apply avoidance and minimization measures during the wetland impact review process and replace unavoidable wetland impacts at a 2:1 ratio. Wastewater/Water Supply: The two current homes will be disconnected, and the new home would connect to the municipal sanitary sewer system to the Metropolitan Council Environmental Services Blue Lake Wastewater Treatment Plant (WWTP) in Shakopee, MN. The Blue Lake WWTP has ample residual capacity for the projected wastewater flow. SEVEN ACRES DEVELOPMENT EAW FINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION CITY OF PRIOR LAKE, MN WSB PROJECT NO. R-016563-000 PAGE 4 Stormwater/Water Quality: The project will have a net increase of 0.35 acres of impervious surface and increase the impervious surface acreage flowing to Prior Lake by 0.07 acre. The best management practices have not been finalized, but proposed runoff rates are required to be less than or equal to existing runoff rates. The project will be required to meet the City’s, Watershed District’s, and MPCA’s requirements for volume reduction and stormwater discharge. The project plans to improve the stormwater treatment through best management practices. Contamination/Hazardous Materials/Wastes: Based on review of the MPCA and Minnesota Department of Agriculture’s listings the potential to encounter contaminated soil and/or groundwater at the proposed project area is low. A Construction Contingency Plan is recommended for the proper management of contamination and/or regulated material if encountered during construction. Demolition permits will be required to remove the current single-family homes on the project area and notification to the MPCA asbestos program will occur 10 days prior to permit application. All waste materials will be properly contained and not allowed to be carried by runoff to receiving waters. Hazardous materials used on site will be properly contained in sealed containers. Fish and Wildlife: Approximately 0.70-acres of trees are planned to be removed during the construction of the project. They may provide foraging and resting habitat for migratory birds and bats as well as ducks or geese. Little impact is anticipated to fish within the wetland in the project area, if any are present. Mammals and birds likely use the wetland as a habitat source. Removal of the wetland will impact wildlife, and the developer will need to incorporate minimization measures into the plan. This will be accomplished during the final design process and during coordination with the resource agencies (Wetland Conservation Act, BWSR, USACE, MPCA, PLSLWD). Blanding’s turtles have the potential to be present in the project area. If the project proceeds the applicant will need to contact the DNR regarding avoiding impacts to the turtle. Avoidance measures will include, but are not limited to, avoidance of wetland impacts between October 15 and April 15 and monitoring for turtles during construction. A letter from the DNR dated September 22, 2020 was attached to the EAW and must be adhered to. Historic Properties: Due to the location of the project, there is potential for archeological resources. The developer will need to conduct an archeological assessment and coordinate with the OSA and SHPO. Visual No scenic vistas are present at this site. No visual impacts are anticipated. Noise: Construction noise levels and types typical of construction equipment will occur because of this project. Construction noise will be limited to daytime hours consistent with the City of SEVEN ACRES DEVELOPMENT EAW FINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION CITY OF PRIOR LAKE, MN WSB PROJECT NO. R-016563-000 PAGE 5 Prior Lake’s construction and noise ordinances. Construction equipment will be fitted with mufflers that would be maintained throughout the construction process. Overall, noise impacts are not anticipated. Air: Because of the small scale of the project, air quality impacts are not anticipated. Transportation: The project is not expected to affect the transportation network and will not generate traffic. 2. MINNESOTA RULE 4410.1700, SUBP. 7.B – CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS Due to the scale of the project and given the additional regulatory review and oversight related to wildlife and water resources that will be required before the project can proceed , the project will not cause any known or reasonably expected cumulative potential effects. Reasonably foreseeable developments in the surrounding area have been identified and are not anticipated to combine with the proposed project impacts to result in cumulative potential effects. 3. MINNESOTA RULE 4410.1700, SUBP. 7.C – THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY a) The following permits or approvals will be required for the project: Unit of government Type of application Status Federal US Army Corps of Engineers Section 404 Permit To be obtained State Pollution Control Agency NPDES CSW To be obtained Section 401 Certification To be obtained Demolition/Renovation notification To be obtained Department of Natural Resources Water Appropriation Permit To be obtained Local Prior Lake/Spring Lake Watershed District Watershed District Permit To be obtained City of Prior Lake Wetland Conservation Act Replacement Plan To be obtained Demolition Permit To be obtained Excavating and Grading Permit To be obtained Building Permit To be obtained Driveway Permit To be obtained Right-of-way Permit To be obtained Preliminary/Final Plat Application To be obtained Vacation of Easement/Right-of-way To be obtained MS4 Stormwater Compliance To be obtained b) The City of Prior Lake finds that the potential impacts identified as part of the proposed Seven Acres project can be addressed through the final design process and through the regulatory agencies as part of the permitting process. If the developer can modify the plans in a manner that is acceptable to the regulatory agencies, they will also minimize overall impacts to a level that is not significant. SEVEN ACRES DEVELOPMENT EAW FINDINGS OF FACT, CONCLUSIONS, AND RECORD OF DECISION CITY OF PRIOR LAKE, MN WSB PROJECT NO. R-016563-000 PAGE 6 4. MINNESOTA RULE 4410.1700, SUBP. 7.D – THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER AVAILABLE ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, INCLUDING OTHER EISs. The City finds: 1. The proposed project will be designed to include various measures to reduce adverse impacts to the environment and existing natural resources. 2. The project is subject to local, regional, state, and federal requirements. 3. The developer will secure all necessary permits and will adhere to all requirements of the permits. 4. Considering the results of environmental review and permitting processes for similar projects, the City of Prior Lake finds that the environmental effects of the project can be adequately anticipated, controlled, and mitigated. RECORD OF DECISION The Seven Acres Development EAW and subsequent review identified areas where the potential for environmental effects exist. Appropriate design revisions and mitigation measures can be incorporated into the project and the required approvals and permits to mitigate these effects will be obtained. If the project cannot be approved by regulating agencies as currently conceptualized, the applicant may need to revise the plan to meet regulatory requirements. The project will comply with all local, county, and federal review agency requirements. Based on the criteria established in Minnesota Rule 4410.1700, and the Findings of Fact and Conclusions, the project does not have the potential for significant environmental effects to trigger the need for an Environmental Impact Statement. Therefore, an EIS is not required for the Seven Acres Development project. City Council concurrence by Resolution No. XXXX, declaring a negative need for an Environmental Impact Statement, is included in Appendix B. Pursuant to Minnesota Rules Part 4410.1700, Subpart 5, a copy of this RGU Record of Decision is being provided, within 5 days, to all persons on the MEQB Distribution List, to persons commenting and to persons who requested a copy. This Record of Decision will also be made available on the City of Prior Lake’s website. APPENDIX A Comments and Responses 1 Comment Response 1. Comment noted. This recommendation will be passed to the developer. 2. The City has only received concept plans of the development. If the project proceeds into final design, impacts to the wetland will need to be approved through the Wetland Conservation Act, Section 404, and Section 401 processes. The developer will need to demonstrate need and adequately demonstrate their attempts to avoid or minimize impacts, which will include the review of alternative solutions to the flooding. The City, as LGU for the Wetland Conservation Act, has discussed this process with the developer and made them aware that the project, as currently designed, may not be permittable. The City believes that if the developer can modify their design to meet these requirements and obtain permits through the Wetland Conservation Act, US Army Corps of Engineers, and MN Environmental Protection Agency they will also minimize overall impacts to ecological resources to a level that is not significant. 2 1 2 Comment Response 3. The developer has been made aware of the challenges with permitting this project, as designed. If the project proceeds, wetland (and tree) impact minimization will be required. 4. Comment noted. If this project proceeds, further coordination with the DNR with regard to protecting Blanding’s turtles will be required. 3 4 3 Comment Response 1. The Metropolitan Council has been added to the permit table in the Findings of Fact and Conclusions document. 2. Comment noted. If development is pursued, more conversation is needed on this topic as the parcel is a lot of record and was not included in the developable land acreages which were used to calculate overall density in the 2040 Comprehensive Plan Update. 3. The developers have only submitted concept plans to the City. If this project proceeds it will need to be designed in a way that does not impact adjacent properties and will need to go through several reviews, obtain permits from multiple agencies, and will need to go through a public hearing process. Further design of some elements of the plan will be necessary to successfully obtain permits and meet the City’s planning objectives. 3 2 1 4 Comment Response 5 Comment Response 1. Stormwater related BMPs will be required to comply with the NPDES requirements, including the noted redundant sediment control measures. Stormwater treatment measures will be designed to be in compliance with the MS4 permit. If the project proceeds, the developer will need to obtain a wetland replacement approvals through the Wetland Conservation Act and Section 404 processes. The developer has met with representatives from both and is aware of the requirements for mitigation and the challenges associated with permitting this project as currently designed. The green infrastructure practices are noted. 1 6 Comment Response 2. If the project proceeds, impacts to the wetland will need to be approved through the Wetland Conservation Act, Section 404, and Section 401 processes. The developer will need to demonstrate need and adequately demonstrate their attempts to avoid or minimize impacts, which will include the review of alternative designs. The City, as LGU for the Wetland Conservation Act, has discussed this process with the developer and made them aware that the project, as currently designed, may not be permittable. 2 7 Comment Response 1. The developer has been made aware of this request and will coordinate with OSA, as needed. 1 8 Comment Response 1. The developer has been made aware of this request and will coordinate with SHPO, as needed. 1 9 Comment Response 1. Comment noted. 1 10 Comment Response 1. If the project proceeds, impacts to the wetland will need to be approved through the Wetland Conservation Act and Section 404 processes. The developer will need to demonstrate need and adequately demonstrate their attempts to avoid or minimize impacts, which will include the review of alternative solutions to address the drainage issues. The City, as LGU for the Wetland Conservation Act, has discussed this process with the developer and made them aware that the project, as currently designed, may not be permittable. 2. If the project proceeds, the outbuilding will need to be redesigned to comply with City ordinances. 3. Comment noted. 1 2 3 11 Comment Response 4. If the project proceeds, impacts to the wetland will need to be approved through the Wetland Conservation Act and Section 404 processes. The developer will need to demonstrate need and adequately demonstrate wetland impact avoidance or minimization, which will include the review of alternative development designs. The City, as LGU for the Wetland Conservation Act, has discussed this process with the developer and made them aware that the project, as currently designed, may not be permittable. 5. Comment noted. If this project proceeds, further coordination with the DNR with regard to protecting Blanding’s turtles will be required. Additionally, the developer will need to demonstrate adequate wetland impact avoidance and minimization to obtain permits for this project. The City believes that if they can modify their design to meet these requirements and obtain permits through the Wetland Conservation Act, the US Army Corps of Engineers, and MN Environmental Protection Agency they will also limit overall impacts to ecological resources. 4 5 12 Comment Response 1. Comment noted. 1 13 Comment Response 1. If this project proceeds, the development will need to be designed in such a way that does not result in impacts to other properties. The DNR does not have jurisdiction over the wetland within the parcel. However, the wetland is under the jurisdiction of the Wetland Conservation Act and Sections 401 and 404 of the Clean Water Act. The project will need to obtain permits through each of those programs, which will require demonstration of project need and will also require avoidance or, if avoidance is not possible, minimization of wetland impacts. The developer is aware that the project, as currently designed, may not be permittable. 1 14 Comment Response 15 Comment Response 1. If this project proceeds, the development will need to be designed in such a way that does not result in impacts to endangered species. The developer will need to obtain permits through a variety of agencies and design the project in a manner that minimizes impacts to a level acceptable to the permitting agencies, including the City of Prior Lake. 1 16 Comment Response 1. We have noted your comment. The development will not be able to proceed as designed without your consent. 1 17 Comment Response 1. Final design of the project will need to occur and will be reviewed by the City as well as other permitting agencies. The review of stormwater runoff and management will be part of that review. The project will be required to be designed to not impact adjacent properties. 2. The 0.35 acre of impervious surface noted on page 10 is the net increase in impervious surface for the entire project. 3. No variances have been requested or approved for this project at this time. If the project proceeds, the developer will need to request variances. 4. The tree clearing estimate only includes the proposed clearing. 5. Stormwater BMPs will be defined in final design of the project and will need to comply with state and local rules. 6. The EAW notes the recent, longer duration, flooding events in 2014 and 2019, though minor overtopping may occur on a more frequent basis. 1 2 3 4 5 6 18 Comment Response 1. The wetland is under the jurisdiction of the Wetland Conservation Act and Section 404 of the Clean Water Act. The project will need to obtain permits through both of those programs, which will require demonstration of project need and will also require avoidance or, if avoidance is not possible, minimization of wetland impacts. The developer is aware that the project, as currently designed, may not be permittable. 1 19 Comment Response 20 Comment Response 1. If this project proceeds, the developer will need to obtain several permits and approvals through multiple agencies. The project would need to be designed in a manner that does not impact adjacent properties or Prior Lake. 1 21 Comment Response 1. If this project proceeds, the developer will need to obtain several permits and approvals, including through the Wetland Conservation Act. No wetland replacement plan applications have been received, but the developer has initiated discussion with the City and US Army Corps of Engineers. The developer has been made aware that this project, as designed, may not be permittable and that they will need to demonstrate project need as well as wetland impact avoidance and minimization in their application and throughout the review process. 1 22 Comment Response 1. The developers have only submitted concept plans to the City. If this project proceeds it will need to be designed in a way that does not impact adjacent properties and will need to go through several reviews, obtain permits from multiple agencies, and will need to go through a public hearing process. Further design of the plan may be necessary to successfully obtain permits. 1 23 Comment Response 24 Comment Response 1. The developers have only submitted concept plans to the City. If this project proceeds it will need to be designed in a way that does not impact adjacent properties and will need to go through several reviews, obtain permits from multiple agencies, and will need to go through a public hearing process. Further design of the plan may be necessary to successfully obtain permits. Decisions related to the EAW do not confer approval of the project. APPENDIX B Resolution XXXX RESOLUTION NO. XXXX RESOLUTION OF THE CITY OF PRIOR LAKE, SCOTT COUNTY, MINNESOTA NEGATIVE DECLARATION OF NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT FOR SEVEN ACRES DEVELOPMENT WHEREAS, pursuant to Minnesota Environmental Quality Board (EQB) Rules, Chapter 4410, part 4410.1000, Subpart 3, the City of Prior Lake as the responsible governmental unit completed an Environmental Assessment Worksheet (EAW) for the two parcels as identified in the Seven Acres Development EAW; and WHEREAS, pursuant to Minnesota EQB Rules, Chapter 4410, and as a result of common ownership and connected actions, the project meets the thresholds for an EAW for impacts to wetlands; and WHEREAS, copies of the EAW were distributed to all persons and agencies on the official EQB mailing list prior to January 12, 2021; and WHEREAS, notice of the availability of the EAW for public review for a 30-day comment period was published on the City of Prior Lake website on January 5, 2021, in the Prior Lake American on January 9, 2021, and in the EQB Monitor on January 12, 2021. WHEREAS, the preparation of the Seven Acres Development EAW and comments received on the EAW have generated information adequate to determine whether the proposed project has the potential for significant environmental impacts; and WHEREAS, the Seven Acres Development is expected to comply with all the City of Prior Lake and review agency standards; and WHEREAS, based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prior Lake, Scott County, Minnesota as follows: That it should and hereby does make a negative declaration on the need for an Environmental Impact Statement for the Seven Acres Development EAW. Resolution No. XXXX DATE Page 2 Adopted in regular session of the City Council of the City of Prior Lake, Minnesota held this ______ day of ____________, 2021. Kirt Briggs, Mayor Attest: Ann Orlofsky, City Clerk (SEAL)