HomeMy WebLinkAbout119-10 Boat Slip Ordinance Report Ordinance
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4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 119-10
AN ORDINANCE AMENDING PART 11 AND PART 3 OF THE PRIOR LAKE CITY CODE
RELATING TO BOAT SLIPS AND DOCKS AND ADOPTING BY REFERENCE CITY
CODE SECTION 104 WHICH AMONG OTHER THINGS CONTAINS PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Subsection 1101.1000 is amended by deleting the definition for
“Docks, Personal” and inserting the following definitions in alphabetical order:
Boat Slips, City. The mooring of watercraft with permission of the City on property
owned or controlled by the City. City boat slips, regardless of number, are not a
Mooring Facility.
Boat Slips, Personal. The mooring of five (5) or fewer restricted watercraft
allowed for personal use by the owners or tenants of residential riparian lots.
Section 2. City Code Subsection 1101.1000 is amended by deleting the definition for
“Watercraft, Unrestricted” in its entirety.
Section 3. City Code Subsection 1101.1000 is amended by deleting the definition for
“Watercraft, Restricted” in its entirety and replacing it with the following:
Watercraft, Restricted. Watercraft for use on or stored on the public waters except
for the following:
1. Watercraft 16 feet or less in length which uses no motor or a motor of 10
horsepower or less; and
2. Watercraft 20 feet or less in length, which uses no motor and is propelled
solely by human power.
Section 4. City Code Section 1102 is amended by inserting “Personal Boat Slips” and “City
Boat Slips” as permitted uses in the following districts: 1102.201 A; 1102.301
R-S; 1102.401 R-1; 1102.501 R-2; 1102.601 R-3; 1102.1001 C-1; 1102.1101 C-2;
1102.1201 C-3; and 1202.1401 I-1.
Section 5. City Code Subsection 1102.403 provision (7) and Subsection 1102.503 provision
(9) are revised as follows:
Controlled Access Lot on General Development Lake. Conditions
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a. The lot mustshall be suitable for the intended use as a Mooring Facility.
b. The lot mustshall be jointly owned by all purchasers of lots in the subdivision
or by all purchasers of non-riparian lots in the subdivision who are provided
access rights on the lot.
c. The lot mustshall meet, at a minimum, the width and area requirements for a
Single-Family residential riparian lot.
d. The allowable number of Boat Slips for a Controlled Access Lot shall be
based on the conditions identified in Subsection 1104.310(3); provided
however, in no case shall the number of Boat Slips exceed one (1) Boat Slip
for every 4018.75 feet of lot width. Lot width shall be the lesser of either the
shoreline as measured at the ordinary high water elevation or a straight line
measured between where the two side lot lines intersect with the ordinary high
water elevation (or the straight extension of the side lot lines if the side lot
lines do not intersect with the ordinary high water elevation). Regardless of
measurement method, any shoreland area which is unusable (wetland, swamp,
bog, marsh, etc.) or which does not abut or lie within 10 feet of navigable
water, shall not count toward lot width. as measured at the Ordinary High
Water Elevation.
e. All restricted watercraft moored at the lot shall be owned and registered to
owners or tenants of the subdivision lots or their immediate family. For
purposes of this requirement, “immediate family” means the spouse, parents,
children and grandchildren (all including step- and foster-) of the owner or
tenant or the owner or tenant’s spouse. Use of slips by persons described in
this provision is not considered “rental” of slips.
f. Rental of slips is prohibited.
e.g. Covenants mustshall be recorded against the Controlled Access Lot and all
benefiting lots that specify which lot owners have authority to use the
Controlled Access Lot and what activities are allowed. The activities may
include watercraft launching, loading, storing, beaching, mooring, or docking.
The covenants may also include other outdoor recreational activities that do
not significantly conflict with general public use of the public water or the
enjoyment of normal property rights by adjacent property owners. Examples
of the non-significant conflict activities include swimming, sunbathing, or
picnicking. The covenants mustshall limit the total number of watercraft
allowed to be securely moored, docked, or stored over water, and mustshall
require centralization of all common facilities and activities in the most
suitable locations on the lot to minimize topographic and vegetation alteration.
The covenants mustshall also require all parking areas, storage buildings, and
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other facilities to be screened by vegetation or topography as much as
practical, from view from public water, assuming summer, leaf-on conditions.
f.h. Functioning restroom facilities shall be accessible on the lot for all users of
the lot 24 hours per day during the boating season (from May 1 through
September 30). The restrooms shall either be connected to municipal sanitary
sewer or shall be Portable Toilets as approved by the Zoning Administrator.
g.i. No dock, mooring facility or other structure shall be located so as to:
➢ Obstruct the navigation of any lake;
➢ Obstruct reasonable use or access to any other dock, mooring facility
or other structure;
➢ Present a potential safety hazard; or
➢ Be detrimental to significant fish and wildlife habitat or protected
vegetation.
h.j. Docks and mooring facilities shall be set back a minimum of ten (10) feet
from side property lines as measured at the Ordinary High Water Elevation.
Docks and mooring facilities shall be located a minimum of ten (10) feet from
a straight line extension of the side property lines of the lot into the Lake.
This requirement may be adjusted, at the discretion of the Zoning
Administrator, in cases where topography significantly limits the placement
of docks.
i.k. One (1) paved off-street parking space shall be provided for each four (4)
Boat Slips for which the owners, lessees or users do not live within one
thousand (1,000) feet of the Controlled Access Lot. In addition, a landscaping
buffer shall be installed and maintained between the parking and the Ordinary
High Water Elevation sufficient to capture and filter all run-off from the
parking area.
j.l. The storage of materials that are flammable, explosive, or potentially injurious
to human, animal, or plant life upon any Controlled Access Lot, dock or
mooring facility is prohibited.
k.m. No oscillating, rotating, flashing, moving or advertising signs shall be
permitted on any Controlled Access Lot, dock or mooring facility.
l.n. Access across wetlands is permitted only in accordance with the State and
Federal wetland regulations.
m.o. Controlled Access Lots shall meet the Residential Performance Standards
of Subsection 1102.700.
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n.p. Garbage receptacles shall be made available on the lot for use during the
boating season (from May 1 through September 30) and all garbage
receptacles shall be emptied on a regular basis to avoid the accumulation of
refuse.
o. All docks, mooring facilities, and Controlled Access Lots legally existing on
the date of this ordinance which do not meet the above listed conditions shall
be considered legally nonconforming and the use may be continued in
conformance with Minnesota Statutes Section 462.357 Subd. 1e, including
through repair, replacement, restoration, maintenance, or improvement, but
not including expansion. It is the intent of the City of Prior Lake to allow
legally nonconforming Controlled Access Lots to maintain the number of
Boat Slips which were approved via permit issued by the City of Prior Lake or
Minnesota Department of Natural Resources as of the date of adoption of this
ordinance. Below is a list of legally nonconforming Controlled Access Lots
and the number of Boat Slips permitted for each.
Section 6. City Code Subsection 1102.503 provision (6) is amended by deleting “and (5)”
from the end of (b) and replacing it with “and this provision (6)”.
.
Section 7. City Code Subsection 1102.1103 provision (9) is deleted in its entirety and
replaced with the following:
(9) Marina, Commercial. Conditions:
a. The minimum lot size shall be one (1) acre.
b. The lot shall provide paved off-street parking at a minimum ratio of one (1)
parking space per four (4) boat slips; parking shall not be located below the
Ordinary High Water Elevation and further meet the standards in Subsection
1104.501(1) of this Ordinance. In addition, a landscaping buffer shall be
installed and maintained between the parking and the Ordinary High Water
Elevation sufficient to capture and filter all run-off from the parking.
Additional off-street parking may be required for boat tours or if the Zoning
Administrator determines that an ancillary use requires additional parking.
c. The lot shall have public bathrooms connected to municipal sanitary sewer as
approved by the City.
d. The lot shall meet the impervious surface coverage requirements in Subsection
1104.306 of this Ordinance. For purposes Subsection 1104.306 (2) and (3),
Commercial Marinas shall be defined as a permitted commercial (“C”) use.
e. All General Performance Standards in Section 1107 of this Ordinance shall
apply. Bufferyard, Type C, as defined in Subsection 1107.2005, shall be
constructed along any “R” Use District. Signage shall be allowed per
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Subsection 1107.810 for Lake Services and further meet the standards in
Subsection 1104.501(3) of this Ordinance.
f. Hours of operation for boat tours shall be limited to between 7:00 a.m. and
10:00 p.m., seven days a week.
g. Commercial Marinas shall obtain and comply with a permit issued by the
Minnesota Department of Natural Resources. The permit shall determine the
number of allowable Boat Slips
Section 8. City Code Subsection 1102.1103 provision (10) is deleted in its entirety and
replaced with the following:
(10) Marina, Recreational. Conditions:
a. The minimum lot size shall be one (1) acre.
b. The allowable number of Boat Slips shall be based on the conditions
identified in Subsection 1104.310(3) and this provision (10).
c. The lot shall provide paved off-street parking at a minimum ratio of one (1)
parking space per four (4) Boat Slips; parking shall not be located below the
Ordinary High Water Elevation and shall further meet the standards in
Subsection 1104.501(1) of this Ordinance. In addition, a landscaping buffer
shall be installed and maintained between the parking and the Ordinary High
Water Elevation sufficient to capture and filter all run-off from the parking.
d. The lot shall meet the impervious surface coverage requirements in
Subsection 1104.306 of this Ordinance. For purposes Subsection 1104.306
(2) and (3), Recreational Marinas shall be defined as a permitted commercial
(“C”) use.
e. All General Performance Standards in Section 1107 of this Ordinance shall
apply. Bufferyard, Type C, as defined in Subsection 1107.2005, shall be
constructed along any “R” Use District. Signage shall be allowed per
Subsection 1107.810 for Lake Services and shall further meet the standards
in Subsection 1104.501(3) of this Ordinance.
Section 9. City Code Subsection 1104.307 is amended by replacing each instance of the
word “must” with the word “shall” in (1) and (2); and by deleting provisions (3),
(4), (5), (6), and (7) in their entirety.
Section 10. City Code Section 1104 is amended by inserting a new Subsection 1104.310 to
read as follows:
1104.310 Personal Boat Slips and Mooring Facilities:
(1) Personal Boat Slips are permitted only on riparian lots. The lot and Personal
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Boat Slips shall meet the following minimum conditions as determined by the
Zoning Administrator:
a. The slips can be located on separate dock structures, but no more than
five (5) slips can be located on a lot.
b. No more than five (5) restricted watercraft may be moored at any one
lot at a time.
c. If three (3) or more restricted watercraft are moored at any one lot at a
time, any dock structure on that lot shall be at least ten (10) feet from
all side lot lines at the ordinary high water mark.
d. All Personal Boat Slips on a lot shall be used in only one of the
following manners:
i. Owner use - all restricted watercraft moored at the lot shall be
owned and registered to the property owner or the property
owner’s immediate family. For purposes of this requirement,
“immediate family” means the spouse, parents, children and
grandchildren (all including step- and foster-) of the property
owner or the property owner’s spouse.
ii. Tenant use – if the entire dwelling on the lot is being leased to
a tenant and the owner occupies no portion of the lot, all
restricted watercraft moored at the lot shall be owned and
registered to the tenant or the tenant’s immediate family (as
immediate family is defined above). In no case may the
property owner and tenant both moor watercraft at the lot.
iii. Boarder use – if a portion of a dwelling on the lot is being
leased to a boarder(s) but the owner still occupies a portion of
the lot, all restricted watercraft moored at the lot shall be
owned and registered to the owner under provision (i) above or
the boarder(s) (regardless of number of boarders) may moor
only one (1) restricted watercraft at the lot. In no case may the
property owner and boarder both moor watercraft at the lot.
e. Rental of slips is prohibited. Use of slips allowed by (d) above is not
considered “rental” of slips.
(2) City Boat Slips are permitted only on riparian property owned or controlled by
the City of Prior Lake, subject to DNR approval. The City may use the slips as
determined and regulated by the City Council including rental of the slips.
The City shall not increase the number of boat slips or increase the number of
boat slips which the City rents without first holding a public hearing.
(3) Mooring Facilities, including Controlled Access Lots, Dedicated Waterfronts,
Recreational Marinas and Commercial Marinas, shall meet the following
conditions as determined by the Zoning Administrator:
a. The facility shall be compatible with the adjacent land and water uses.
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b. Adequate water depth is available for the proposed facility without
churning of bottom sediments.
c. The facility will not create a volume of traffic on the lake in the vicinity of
the facility that will be unsafe or will cause an undue burden.
d. The facility will not affect the quality of water and the ecology of the lake.
e. The facility, by reason of noise, fumes or other nuisance characteristics,
will not be a source of annoyance to persons in the vicinity of the
facility.
f. Adequate sanitary and parking facilities will be provided in connection
with the facility.
g. Compliance with the applicable provisions of this Subsection 1104.310.
(4) Controlled Access Lots are allowed only on riparian lots on General
Development Lakes by Conditional Use Permit in the PUD, R-1 and R-2
Zoning Districts. Controlled Access Lots shall comply with all applicable
conditions listed in this subsection 1104.310, the applicable Zoning District
and with any other conditions the Planning Commission, or City Council in
the case of an appeal, may impose that are intended to promote the health,
safety and welfare of the residents within the City. All docks, mooring
facilities, and Controlled Access Lots legally existing on the date of this
ordinance which do not meet the applicable conditions shall be considered
legally nonconforming and the use may be continued in conformance with
Minnesota Statutes Section 462.357 Subd. 1e, including through repair,
replacement, restoration, maintenance, or improvement, but not including
expansion. It is the intent of the City of Prior Lake to allow legally
nonconforming Controlled Access Lots to maintain the number of Boat Slips
which were approved via permit issued by the City of Prior Lake or
Minnesota Department of Natural Resources as of the date of adoption of this
ordinance. Below is a list of legally nonconforming Controlled Access Lots
and the number of Boat Slips permitted for each.
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Permit #Association Name Parcel ID
Number (PIN)Water Body # of Slips
Permitted
88-6322 Windsong on the Lake 252360310 Lower Prior Lake 37
89-6013 Harbor Community Association 252030070 Lower Prior Lake 60
89-6021 Oakland Beach Homeowners Association 251700010 Lower Prior Lake 39
89-6022 Island View 1st Add. Association 251430700 Upper Prior Lake 36
89-6002 Island View 5th Add. Association 252520320 Upper Prior Lake 20
89-6035 Mitchell Pond Association 251550260 Lower Prior Lake 23
89-6272 Fish Point Beach Homeowners Association 259360520 Lower Prior Lake 9
89-6290 Pixie Point Homeowners Association 250500011 Lower Prior Lake 5
89-6378 Lakeside Manor Association 250550260 Lower Prior Lake 53
89-6456 Willow Beach Association 251080020 Upper Prior Lake 46
89-6458 Boudin's Manor Association 251530010 Lower Prior Lake 39
City Permit Spring Lake Estates Association 254400850 Spring Lake 54
City PUD Crystal Bay Association 254170250 Upper Prior Lake 21
City Permit Inguadona Beach Homeowners Association 250950030 Upper Prior Lake 20
(5) Dedicated Waterfronts are allowed only in R-1 zoning districts. No new
Dedicated Waterfront may be established after January 1, 2016.
Dedicated Waterfront are permitted a maximum of 1 Boat Slip for every
18.75 feet of Lot width as measured at the Ordinary High Water Elevation.
(Ord. Amd. 116-05, publ. 04/02/16)
(6) Commercial Marinas are allowed only on riparian lots on General
Development Lakes, by Conditional Use Permit in the PUD, R-2 or C-2
Zoning Districts. The lot and Commercial Marina shall comply with all
applicable conditions listed this subsection 1104.310, the applicable
Zoning District and with any other conditions the Planning Commission,
or City Council in the case of an appeal, may impose that are intended to
promote the health, safety and welfare of the residents within the City.
(7) Recreational Marinas are allowed only on riparian lots on General
Development Lakes, by Conditional Use Permit in in the PUD, R-2 or C-2
Zoning Districts. The lot and Recreational Marina shall comply with all
applicable conditions listed in this subsection 1104.310, the applicable
Zoning District and with any other conditions the Planning Commission,
or City Council in the case of an appeal, may impose that are int ended to
promote the health, safety and welfare of the residents within the City.
(8) If the City has reason to believe that any provisions in this subsection
relating to personal boat slips or mooring facilities are not being complied
with, the City has the authority to require the submittal of watercraft
registration information, proof of ownership/tenancy of property or
watercraft, proof of relationships, use of slip, or other information needed
to establish compliance.
Section 11. City Code Subsection 1106.500 is revised as follows:
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1106.500 ALLOWED USES: Uses allowed within a PUD District are limited
tomay include only those uses allowedgenerally considered associated inwith the
general use district which is consistent with the land use category shown for the
area on the official Comprehensive Plan Land Use Plan Map. Specific allowed
uses and performance standards for each PUD shall be as provided in the City
Code Section for the relevant use district and shall be delineated in the PUDan
ordinance and development plan. The PUD development plan shall identify all the
proposed land uses and those uses shall become permitted uses with the approval
of the development plan by the City Council. Any change in the list of uses
presented in the development plan will be considered an amendment to the PUD
and will follow the procedures specified in City Code Section 1106.711 of this
Ordinance.
Section 12. City Code Section 1109 is amended by deleting Subsection 1109.906 in its
entirety and renumbering existing 1109.907 to 1109.906.
Section 13. City Code Subsection 315.503 is revised as follows:
315.503 Mooring and Storage of Watercraft:
(1) No more than two (2) restricted watercraft may be moored at the permitted
premises at any one time. Any restricted watercraft moored at the permitted
premises must be registered and owned by either the property owner or the
current tenant.
(1)(2) No watercraft shall be permanently or temporarily placed or stored within the side
yard setback of the permitted premises, as prescribed for the relevant zoning
district by City Code Section 1102.
Section 14. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 15. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of November
2019.
ATTEST:
_________________________ __________________________
Jason Wedel, City Manager Kirt Briggs, Mayor
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-131
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 119-10 AND
ORDERING THE PUBLICATION OF SAID SUMMARY
Motion By: Thompson Second By: Braid
WHEREAS,
On November 4, 2019 the City Council adopted Ordinance No. 119-10 amending
Part 11 and Part 3 of the City Code relating to boat slips and docks; and
WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper
before it becomes effective; and
WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the
Council finds that the summary is an accurate representation of the ordinance; and
WHEREAS, The City Council desires to publish a summary of the amendments to Part 11 and
Part 3 of the Prior Lake City Code and has determined the publication of a
summary of this ordinance will meet the intent of the statute.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
PRIOR LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. 119-10 is lengthy.
3. The text of summary of Ordinance No. 119-10, attached hereto as Exhibit A, conforms to
M.S. § 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.
4. 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.
5. A complete text of the newly amended City Code will be available for inspection at City Hall
or in the Document Center on the City of Prior Lake Website after November 5, 2019.
PASSED AND ADOPTED THIS 4th DAY OF NOVEMBER 2019
VOTE Briggs Thompson Burkart Braid Erickson
Aye X X X X X
Nay ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
_____________________________
Jason Wedel, City Manager
Exhibit A
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4646 Dakota Street SE
Prior Lake, MN 55372
SUMMARY ORDINANCE NO. 119-10
CITY OF PRIOR LAKE
ORDINANCE NO. 119-10
AN ORDINANCE AMENDING PART 11 AND PART 3 OF THE PRIOR LAKE CITY CODE
RELATING TO BOAT SLIPS AND DOCKS AND ADOPTING BY REFERENCE CITY
CODE SECTION 104 WHICH AMONG OTHER THINGS CONTAINS PENALTY
PROVISIONS
The following is only a summary of Ordinance No. 119-10. The full text will be available for
public inspection after November 5, 2019 by any person during regular office hours at City Hall
or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Part 11 and Part 3 of the City Code relating to boat slips
and docks by updating definitions and permitted uses; creating definitions and conditions for
personal boat slips and city boat slips; updating and consolidating conditions for controlled
access lots, commercial marinas and recreational marinas; updating PUD uses; and updating
enforcement language.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of November 2019.
ATTEST:
_________________________ __________________________
Jason Wedel, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 9th day of November, 2019.
SUMMARY ORDINANCE NO.
119=10
CITY OF PRIOR LAKE
ORDINANCE NO. 119=10
AN ORDINANCE
AMENDING SECTIONS 1139
1003, 1006, 1101, 1106, 1107,
AND 1108 OF THE PRIOR
LAKE CITY CODE RELATING
TO THE FEE SCHEDULE,
SUBDIVISION AND ZONING
APPLICATION REQUIREMENTS
AND FEES AND ADOPTING BY REFERENCE CITY CODE Affidavit of Publication
SECTION 104; WHICH, AMONG
OTHER THINGS, CONTAINS PENALTY PROVISIONS. Southwest Newspapers
The following is only a
summary of Ordinance No. 119-
10. The full text will be available State of Minnesota)
for public inspection after June
17, 2019 by any person during )SS.
regular office hours at City Hall County of Scott )
or in the Document Center on the
City of Prior Lake Website.
SUMMARY: The Ordinance
amends Sections 113, 1003, 1006,
1101, 1106, 1107 and 1108 relating to LaurieA. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent
the fee schedule and subdivision of the publisher ofthe newspapers known as the Shakopee Valley News, Jordan Independent, Prior
and zoning application Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows:
requirements and fees.
This ordinance shall become (A) These newspapers have complied with the requirements constitutingqualification as a legal
effective from and after its
passage and publication. newspaper, news a er, as P y provided b Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
Passed by the City Council of amended.
the City of Prior Lake this 17th
day of June 2019. (B) The printed public notice that is attached to this Affidavit and identified as No. �% 7 5
ATTEST: was published on the date or dates and in the newspaper stated in the attached Notice and said
Michael Plante, Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
City Manager the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
Kirt Mayor inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
(Published in the Prior Lake and publication of the Notice:
American on Saturday, June 22,
2019; No 7454) abedefghijklmnopgrstuvwxyz
Subscribed and sworn before me on
this day of 2019
.......... ��.. tea. �...�.,...
JYMME JEANNETTE BARK
NOTARY PUBLIC . MINNESOTA
.a My COMMISSION EXPIRES 01/31/23
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter.............................................1 $13.62 per column inch