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Home My WebLink About5H Driveway Ordinance Amendment Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 15, 2019 AGENDA #: 5H PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY PRESENTED BY: SARAH SCHWARZHOFF AGENDA ITEM: CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTIONS 104 AND 1107 OF THE CITY CODE RELATING TO AFTER THE FACT FEES AND DRIVEWAY PERMITS GOAL AREA AND OBJECTIVE: Public Safety 5. Address threats to community standards through code enforcement. DISCUSSION: Introduction The purpose of this agenda item is to request City Council adoption of an ordinance amending Sections 104 and 1107 of the City Code relating to after the fact fees and driveway permits. Current Circumstances It has recently come to City staff’s attention that the City driveway permit requirement is not as clear as it could be. Currently, a driveway permit is required for “replacement, alteration or addition to an existing driveway that exceeds the length and width approved as part of the original building permit”. However, it is not clear if the language “that exceeds the length and width approved as part of the original building permit” applies to all three items or just to addition. The proposed ordinance clarifies that the “exceeds” language applies only to addition. All driveway replacements and alterations require a permit regardless of size. The proposed ordinance also clarifies that the established fee shall be set forth in the City Fee Schedule. In addition, the proposed ordinance adds language to the general penalty section of the City Code which states that any person who fails to obtain a required permit/license/approval must obtain one after the fact, comply with all requirements and pay double the stated fee. This requirement already exists in the City Fee Schedule, but the Code Enforcement Officer requested the language be included in the penalty section to streamline enforcement. FINANCIAL IMPACT: None. ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt an ordinance amending Sections 104 and 1107 of the City Code relating to after the fact fees and driveway permits. 2. Motion and a second to remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS 1. Ordinance 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 119-___ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On July 15, 2019, the City Council adopted Ordinance No. 119-___ amending Section 104 (General Penalty) and Section 1107 (Driveway Alterations and Additions) of the Prior Lake City Code relating to after the fact fees and driveway permits; 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 Section 104 and Section 1107 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-___ is lengthy. 3. The text of summary of Ordinance No. 119___, 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 July 16, 2019. PASSED AND ADOPTED THIS 15th DAY OF JULY 2019. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Michael Plante, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. ___ CITY OF PRIOR LAKE ORDINANCE NO. 119-____ AN ORDINANCE AMENDING SECTIONS 104 AND 1107 OF THE PRIOR LAKE CITY CODE RELATING TO AFTER THE FACT FEES AND DRIVEWAY PERMITS 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-___. The full text will be available for public inspection after July 16, 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 Section 104 (General Provisions) and Section 1107 (Driveway Alterations and Additions) of the Prior Lake City Code to authorize after the fact fees if approval is not obtained prior to commencing work and to clarify when a driveway permit is required. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 15th day of July 2019. ATTEST: _________________________ __________________________ Michael Plante, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 20th day of July 2019. 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. _________ AN ORDINANCE AMENDING SECTIONS 104 AND 1107 OF THE PRIOR LAKE CITY CODE RELATING TO AFTER THE FACT FEES AND DRIVEWAY PERMITS 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 104.200 is amended by inserting a new provision (6) to read as follows: (6) In addition to any penalties provided for in this Section, if any person fails to obtain a required permit, license, approval, registration or similar authorization which is required by the City Code prior to the commencement of the related work, said person shall obtain an after the fact authorization, comply with all requirements for said authorization, and pay double the stated fee for said authorization. Section 2. City Code Section 1107 is amended by deleting Subsection 1107.206 in its entirety and replacing it with the following: 1107.206 Driveway Alterations and Additions: A driveway permit approved by the City Engineer is required for each of the following: (i) replacement of a driveway; (ii) alteration of a driveway; or (iii) addition to an existing driveway if the addition exceeds the length and width approved as part of the original building permit. This permit is subject to a fee established annually by resolution of the City Council and set forth in the City Fee Schedule. Section 3. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 15th day of July 2019. ATTEST: _________________________ __________________________ Michael Plante, City Manager Kirt Briggs, Mayor A summary of this ordinance was published in the Prior Lake American on the 20th day of July 2019.