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HomeMy WebLinkAbout5E - PL City Code - Housekeeping Amendments MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT April 2, 2007 5E Frank Boyles, City Manag r. CONSIDER APPROVAL OF HOUSEKEEPING AMENDMENTS TO THE PRIOR LAKE CITY CODE. Introduction The purpose of this agenda item is to request council approval of two housekeeping amendments to the Prior Lake City Code. Historv Periodically, it is appropriate to assure that the City Code remains current with statutory revisions and with City practices. Current Circumstances Section 104 of the City Code states that a violation of any provision of this City Code where no other penalty is set forth shall be punished by a fine not to exceed $500. This statute has changed and this provision should read $1,000. In November 2004 the City began offering per diem payments to Planning Commissioners for meeting attendance (see attached minutes). This Council action has been consistently administered, but it was not reflected in the City Code. Additional language to Section 202 is recommended to formalize how much and under what conditions the per diem is paid. Conclusion The Council should determine whether it wishes to adopt these housekeeping changes to the City Code. None. 1. Adopt the attached ordinance revisions to Section 104 and 202 of the City Code. 2. Take no action. Alternative #1. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 SUBSECTIONS: 104.100: 104.200: 104.300: Administrative SECTION 104 GENERAL PENALTY GENERAL PENALTY ApPLICATION OF PROVISIONS LIABILITY OF OFFICERS 104.100: 104.200: 104.300: GENERAL PENAL TV: Any person convicted of violation of any provision of this City Code, where no other penalty is set forth, shall be punished by a fine not to exceed five hundred dollars ($500.00) one thousand dollars ($1.000) for anyone offense, or by imprisonment in the City or County jail for a period of not more than ninety (90) days, or by both such fine and imprisonment. ApPLICATION OF PROVISIONS: The penalty provided in this Section shall be applicable to every Section of this City Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any Section of this City Code where a duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this City Code. In all cases where the same offense is made punishable or is created by different clauses or subsections of this City Code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. Whenever the doing of any act or the omission to do any act constitu~es a breach of any subsection or provision of this City Code and there shall be no fine or penalty specifically declared for such breach, the provisions of this Section shall apply. LIABILITY OF OFFICERS: No provision of this City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intent of the Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. City of Prior Lake 1 04/p 1 SECTION 202 PLANNING ADVISORY COMMISSION SUBSECTIONS: 202.100: 202.200: 202.300: 202.400: COMMISSION CREATED, COMPOSITION REMOVAL OF MEMBER MEETING RULES DUTIES OF COMMISSION 202.100: COMMISSION CREATED, COMPOSITION: A Planning Advisory Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff. Said Planning Advisory Commission shall be composed of five (5) members, appointed by the City Council. Only residents of the City shall be considered for appointment. Said members shall serve for three (3) year terms serving from November 1 to October 31. The members of said Planning Advisory Commission shall annually elect a chairperson and vice-chairperson from the appointed members of their Board. (amd. Ord. 105-23 - pub 10/22/05) 202.200: REMOVAL OF MEMBER: Any member of the Planning Advisory Commission may be removed from office for just cause and unwritten charges by a two-thirds (2/3) vote of the entire Council, but such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Planning Commission meetings without action by the City Council according to rules adopted by the Planning Commission. 202.300: MEETING RULES: The Planning Commission will meet on the second and fourth Monday of each month, or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. 202.400: DUTIES OF COMMISSION: The duties of said Planning Commission are as follows: (1) To acquire and maintain in current form such basic information and background data that is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. (2) With the advice of the City Planner, to prepare, draft and recommend amendments to the Comprehensive Plan for review by the City Council. City of Prior Lake 202/p 1 Boards and Commissions (3) To recommend policies to the City Council for guiding action affecting development. (4) To determine whether specific proposed developments conform to the principles and requirements for the Comprehensive Plan and the City ordinances. (5) To keep the City Council and the general public informed and advised as to all planning and development matters. (6) To review and make recommendations to the Council on planned unit development and subdivision proposals. (7) To hold public hearings for subdivisions, planned unit developments and rezoning applications and furnish the Council with information and recommendations of such hearings. (8) To prepare and submit to the City Council within sixty (60) days after the end of the calendar year a summary report of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the Council. 202.500: SALARIES: 202.501 Per diem. Planninc Commissioners mav be elicible for per diem remuneration. 202.502 Per diem Rate. For each elicible meetinc attended. a Planninc Commissioner will receive $100 to remunerate time spent and out-of-pocket expenses. 202.503 Qualifvinc Per Diem meetincs. The Finance Department will approve per diem remuneration reauests onlv for meetinas occurrina on the reaularlv scheduled Plannina Commission meetina niaht (second and fourth Mondav of the month) whether the meetina is a reaular meetina or workshop. Remuneration will also be approved for meetincs/workshops occurrina on the second or fourth Tuesdav as a result of a Mondav holidav. In order to receive the per diem pavment. the Plannina Commissioner must have attended the entire meetina. (This Space Intentionally Blank For Future Amendments.) City of Prior Lake 202/p2 City Council Meeting Minutes November 1, 2004 VOTE: Ayes by Haugen, Petersen, Blomberg, Zieska and LeMair, the motion carried. Consider Approval of a Recommendation from the City Council Compensation Committee Regarding _ Diem for Planning Commission Members. Bovles: Reviewed the agenda item in connection with the staff report. Petersen: Believed that the Planning Commission does a tremendous amount of leg work for the City Council. It is a complicated and time-consuming effort. Therefore, believed the increase is warranted. leMair: Agreed. Commented that even at $100 per meeting, it is not equitable given the amount of time and effort involved, but that at least this action would bring the compensation more in line with the value of their work. Zleska: Fully agreed. Expressed his appreciation for the efforts of the Planning Commission. Blombera: Agreed. Commented that there did not appear to be a need to step the salary from $65 to $75 to $100. If it is worth $100 per meeting, let's make it effective as of January 1st. Zieska: Did not believe there was a need to wait until January 1st. It should be effective immediately. Bovles: Advised that given the time of year, there would be no unmanageable budget impact. MOTION BY LEMAIR, SECOND BY ZIESKA, TO APPROVE THE RECOMMENDATION OF THE CITY COUNCIL COMPENSATION COMMITTEE REGARDING _ DIEM FOR AN INCREASE IN THE f?ER DIEM FOR PLANNING COMMISSION MEMBERS TO $100 PER MEETING EFFECTIVE IMMEDIATELY. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. [ADDED - Consider Approval of a Premise Permit for Lawful Gambling for O'Malley's] Bovles: Reviewed the agenda item in connection with the staff report, advising that the premise permit is requested by Baseball Association #191. Hauaen: Commented that the Baseball Association #191 is a fund raising mechanism for the Bumsville School District #191. Did not believe that gaming activities in Prior Lake should benefit Prior Lake organizations. Suggested denial of the resolution. Petersen: Agreed with Mayor Haugen's assessment. Commented that it should first be offered to Prior Lake organizations. Zieska: Agreed with Councilmember Petersen, noting that if no other organization could be found, it could be further considered. Bovles: Advised that denying the request based upon that rationale is consistent with City Code Section 305. MOTION BY ZIESKA, SECOND BY PETERSEN, TO DIRECT CITY STAFF TO PREPARE A RESOLUTION WITH FINDINGS OF FACT TO DENY THE ORDINANCE IN ACCORDANCE WITH THE CITY CODE AND THE DISCUSSION TONIGHT. VOTE: Ayes by Haugen, Blomberg, Petersen, Zieska and LeMair, the motion carried. 4