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MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
SErl~MBER 8,1998
9A
JANE KANSIER, PLANNING COO~.IN~ATWO
DON RYE, PLANNING DIRECTOR ~
CONSIDER APPROVAL OF ORDINANCE 98-XX AMENDING AND
EXTENDING THE MORATORIDM ON DOWNTOWN
DEVELOPMENT " ..
Historv: In September of 1997, the City Council adopted Ordinance 97-16
which placed a moratorium on the issuance of building permits in Municipal
Development District No. 1 until March 20, 1998. The purpose of the
moratorium was to allow the Downtown Steering Committee time to"
complete its study of the Downtown area and make recommendations to the
City Council for an appropriate course of action by the City regarding zoning
uses and planning as related toward Downtown redevelopment activities. On
March 2, 1998, the Council adopted Ordinance 98-02, extending the
moratorium to September 21, 1998. The extension was granted in order to
allow the Downtown Redevelopment Task Force additional time to complete
its study and make recommendations to the City Council. The extension was
also granted because the proposed new Zoning Ordinance had not yet been
adopted.
Current Circumstances: The Downtown Redevelopment Task Force
completed its study and its report in June, 1998. The Economic
Development Authority reviewed this report, and on July 20, 1998, adopted
Resolution 98-0 lEDA accepting the report and outlining the steps necessary
to implement the recommendations included in the report. On August 3,
1998, the City Council received the report, was provided with a briefing of
its content by EDA Vice-Chair Dick Underfurth and accepted the report.
Since the reports acceptance by the City Council, the EDA and the staff are
continuing to move forward on the action steps outlined in the report.
On July 6, 1998, the City Council completed its review of the proposed
Zoning Ordinance. The staff is preparing the ordinance for public review.
A public hearing on the proposed ordinance is tentatively scheduled for
October 5, 1998. Barring any continuances or delays, the proposed
ordinance should be effective by January 1, 1999.
The Issues: While the Downtown Redevelopment Task Force has
completed its report, there is still work to be done in order to implement this
plan. The proposed Zoning Ordinance, which will include some of the Task
Force recommendations also should be adopted before the moratorium
expires. Minnesota Statutes Section 462.355, Subd. 4, allows the Council to
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162UU cagle CreeK Ave. S.c., Ynor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax \012) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
extend the moratorium for an additional 18 months from September 21,
1998, or until March 21,2000. The existing moratorium has been in effect
for one year, so it is possible to extend the moratorium to March 21, 1999.
"The new LibrarylResource Center is scheduled to begin construction this
fall. Since the library is located within the moratorium area, the City cannot
issue a building permit until the moratorium expires. The design of the
library meets the general design guidelines recommended by the Task Force
report. The design is also consistent with the regulations included in the
proposed Zoning Ordinance. The proposed ordinance extending the
moratorium excludes the library from the building permit restrictions set
forth in the moratorium. This is not inconsistent with the original intent of
the moratorium. The ordinance provides that it will expire sooner if the
proposed Zoning Ordinance is adopted prior to the expiration date of the
moratorium.
Conclusion: During the preceding twelve months, staff received one
complaint about themoratoiium when a building permit was not issued to the
V.F.W. for reconstruction of the marquee on the front of the building. In this
case, staff was also concerned that the marquee appeared to be encroaching
on the right-of-way of Main Street. No other complaints have been received.
The moratorium was adopted to preclude development which might be
inconsistent with City goals for the redevelopment of the Downtown area. In
order to preserve the integrity of the planning process, the moratorium should
be extended for an additional six months to March 21, 1999, to allow time to
develop and implement new regulations to further these goals. If the Zoning
Ordinance becomes effective on January 1, 1999, the moratorium can be
rescinded at that time.
Bud{!et ImDact: There is no budgetary impact as a result of this action.
The City Council has three alternatives:
1. Adopt Ordinance 98-XX amending and approving the extension ofthe
moratorium for an additional six months, or until the proposed Zoning
Ordinance becomes effective.
2. Deny Ordinance 98-XX, allowing the existing moratorium to expire on
September 21, 1998.
3. Defer this item and provide staff with specific direction.
A motion and second to adopt Ordinance 98-XX extending the moratorium
in ~downlown area fO'7additional six months, until March 21, 1999.
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~NES~
CITY OF PRIOR LAKE
ORDINANCE NO. 98-XX
AN ORDINANCE AMENDING ORDINANCE 98-02 BY EXTENDING THE DURATION
OF THE MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN
MUNICIPAL DEVELOPMENT DISTRICT NO.1
The City Council of the City of Prior Lake d~,es her.~by ordain:
SECTION 1- BACKGROUND
1. On September 15, 1997, the City Council adopted Ordinance 97-16, an interim ordinance
placing temporary restrictions on the issuance of building permits in Downtown
Development District No.1.
2. On March 2, 1998, the City Council adopted Ordinance 98-02 extending the interim
ordinance until September 21, 1998.
3. Ordinance 97-16 and Ordinance 98-02 were adopted to allow time for a study of
redevelopment options, development of plans and formulation of recommendations to the
City Council by the Downtown Steering Committee.
4. Ordinance 97-16 and Ordinance 98-02 were also adopted to allow time for the appropriate
recommendations to be incorporated into the proposed new Zoning Ordinance.
5. The Downtown Steering Committee completed its work in June, 1998, but has also
recommended additional study.
6. The tentative time schedule for review and adoption of the Zoning Ordinance by the City
Council contemplates that the ordinance will not be adopted and effective until January of
1999.
SECTION 2. FINDINGS
The City Council finds the following:
1. There is a need to extend the duration of the moratorium on the issuance of building permits
in Downtown Development District No. 1 to allow for additional study and to make any
desired changes in the proposed Zoning Ordinance prior to its adoption.
2. There is also a need to amend the existing interim ordinance to allow issuance of a building
permit for the public library/resource center. This structure is consistent with the general
design guidelines recommended by the Downtown Redevelopment Task Force and by the
regulations proposed as part of the new Zoning Ordinance.
3. Pursuant to Minnesota Statutes Chapter 462.355, Subd. 4, an extension of the moratorium for
an additional 6 months to February 21, 1999 is necessary to protect the planning process.
4. All other provisions of Ordinance 97-16 should remain in full force and effect.
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AN EQUAL OPPORTUNITY EMPLOYER
SECTION 3. AMENDMENT
SECTION 3. Scone of the Moratorium.
3.01 A moratorium on the issuance of building permits in the area identified as
Municipal Development District No. 1 is adopted pending completion of the Downtown
Redevelopment Steering Committee study and the adoption of appropriate amendments
to the City's zoning ordinance. During the term of this moratorium, no building permits
will be issued for construction within the area identified as Municipal Development
District No.1, except for the following activities:
· Normal repair and maintenance, such as repairs to plumbing, electrical systems,
insulation, reroofing, and installation of replacement heating and air conditioning
units.
· Repairs and alterations necessary to "keep a structure in a safe and habitable
condition, such as rewiring/updating to comply with electrical codes, installation of
heating and air conditioning units, and structural alterations necessary for the safety
of the building.
· Interior alterations that do not involve a change in use of the building, or a change in
the exterior appearance ofthe building.
· The construction of the public library/resource center.
SECTION 6. Duration is hereby amended to read as follows:
This ordinance shall remain in effect until March 21, 1999, or until such time as a new
zoning ordinance is effective or this ordinance is revoked or otherwise amended.
SECTION 4. EJ:flf.ECTIVE DATE
This ordinance shall take effect the day after the date of publication.
Passed by the City Council of the City of Prior Lake this 8th day of September, 1998.
AIT.EST:
City Manager
Mayor
Published in the Prior Lake American on September 12, 1998
Drafted by:
City of Prior Lake Planning Department
16200 Eagle Creek Ave.
Prior Lake, MN. 55372
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RESOLUTION 98-01EDA
A RESOLUTION OF THE PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY
PROVIDING A RECOMMENDATION TO ItJ.E CHY COUNCIL ON THE
REDEVELOPMENT OF THE DOWNTOWN AREA
MOTION BY: KEDROWSKI
t" ..
SECOND BY:_UNDERFERTH
WHEREAS: the Economic Development Authority (EDA) appointed a Downtown
Redevelopment Task Force to analyze redevelopment opportunities in the
Downtown area of Prior Lake and to make recommendations, and
WHEREAS: the Task Force met on several occasions and reviewed various issues and
proposals, and
WHEREAS: the Task Force developed a report and recommendations concernmg
Downtown redevelopment, including a recommended method of
financing the necessary improvements, and
WHEREAS: the EDA has considered the report of the Task Force and has concluded
the recommendations are acceptable and the entire improvement project
as recommended by the Task Force should be implernented.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE ECONOMIC
DEVELOPMENT AUTHORITY OF PRIOR LAKE:
1. That it accepts and approves the Downtown Redevelopment Task Force Report
attached as Exhibit A; and
2. That a presentation be made to the City Council about the Downtown Redevelopment
Task Force Report and the steps the EDA intends to undertake to further the report's
implement as set forth below; and
3. The EDA authorizes the expenditure of no more than $5,000 from the Economic
Development Authority budget for the development of the visual representation of the
project and the marketing plan.
4. A staternent of the project intent should be developed which identifies intended
customers, desired outcomes and a timetable for major actions.
5. Staff should proceed with the development of a visual representation of the proposed
improvement project.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
6. A marketing plan should be developed which sets forth a strategy for presenting the
proposed project to the appropriate groups which have a stake in the implementation
of the project.
7. Subject to the completion of items 1-6 above, the EDA recommends the City Council
undertake the improvement project in its entirety using the funding sources proposed
in the report.
Passed and adopted this 20th day of July, 1998.
BARSNESS
GRESSER
KEDROWSKI
SCHENCK
UNDERFERTH
YES
X
A
X
X
X
NO
BARSNESS
GRESSER
KEDROWSKI
SCHENCK
UNDERFERTH
A
Frank Boyles, City Manager
City of Prior Lake
{Seal}
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MUNICIPAL DEVELOPMENT
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