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HomeMy WebLinkAbout3J - City Code Ordinance 89-13 CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: CENSUS '90 . 3 (j) GARY SCHMITZ, PLANNING INTERN CONSIDER APPROVAL OF ORDINANCE 89-13 AMEND PRIOR LAKE CITY CODE SECTION 5-4-1 (P) JANUARY 16, 1990 The purpose of this item is to consider an amendment to Section 5-4-1 of the City Code concerning moving structures into, within, or out of the City limits of Prior Lake. The reason for the amendment is that a new 1989 State Statute is mandating that residential buildings be allowed to be moved into or within the City as long as all building codes and architectural design standards are complied with. (Attached for your reference are the Planning Reports from the Planning Commission and City Council which outline the proposed amendment.) The Amendment was reviewed by the City Council on December 11, 1989. At this hearing the item was tabled with the request that staff research possible ways to limit the length of time to complete a project for a residential building being moved into or within the City. The reason for the specific time period was that the Council did not want to see residential buildings being moved into the City and then left on vacant lots for an indefinite time period. These vacant buildings can become a safety hazard for children playing in the area and are an e~e sore for neighboring residents. Therefore, 1t is the general consensus of staff and the City Council that these residential building relocations should be completed as quickly as possible. This amendment will mandate that a building permit and moving permit be obtained simultaneously when moving residential structures into or within the City limits in conjunction with a letter of credit in an amount to be determined annually by the City 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 Council. On January 2, 1990 the Council approved a $5,000 letter of credit amount for moving structures out of the city limits. The letter of credit to move a structure into the City limits will naturally be higher than the letter of credit to move a structure out of the City limits. The reason for the larger amount is that the City has to be covered should the applicant walk away from the project. Upgrading a moved residential building to meet all building code requirements of the City can be a very expensive undertaking. Without a substantial letter of credit the City may, at times, be forced to use alternate sources of funds to complete the project. Therefore, staff feels that a high letter of credit would be the best way to safe 9uard against unfinished projects and appropr1ately place the total dollar burden on the applicant. Staff recommends a $25,000 letter of credit which would be sufficient to protect the City should we have to finish the project. The approved amount for the letter of credit should be put on the 1990 fee schedule. The $5,000 letter of credit to move a structure out of the City limits is lower because it is relatively inexpensive to reclaim a site after a structure is moved. The major cost would include filling, grading, and replanting all of which can generally be accomplished with the $5,000. In the case of a residential building being moved from a site within the City to another site within the City the applicant would be required to have both a $5,000 letter of credit to reclaim the site and a $25,000 letter of credit to finish the project. The Ordinance provides for the applicant to have ten (10) weeks from the date a residential building is moved into the City limits to obtain a Certificate of Occupancy. If the Certificate of Occupancy is not obtained within that ten week period the City will charge a 10% administration fee along with the actual cost to finish the project. The 10% administration fee will be used to cover staff time to find contractors to finish the project and for other possible costs. This lOt administrative fee will also be a~plied to structures moving out of the City 11.mits to cover staff time in finding contractors to reclaim the site. ALTERNATIVES: ACTION REQUIRED: The Council has two basic options: 1) To adopt the Ordinance at the meeting in the Consent Agenda or; 2) To direct staff to make changes and place the ordinance on the Consent Agenda for adoption at the next meeting (February 5, 1990). Staff recommends a motion as part of the Consent Agenda to adopt Ordinance 89-13. The Ordinance meets the Statutory requirements and protects the City from unwanted liabilities. CITY OF PRIOR LAKE ORDINANCB NO. 89-13 ~ ~ AN ORDINANCE AMENDINC PRIOR LAKE CITY CODE SECTION 5-4-1 AND PRIOR LAKE ZONING ORDINANCE 83-6, SECTION 4.1. The eouncil of the City of Prior Lake does hereby ordain: Section S-4-1(P) of Prior Lake City Code 11 hereby amended to read as follow.: (P) Residential buildings may be moved into, within or out of the City limits, provided that any relocated residential buildings comply with all ordinances of the City of Prior Lake, including ordinances relating to architectural design and material.. Prior to a residential building being moved into, within or out of the City limit., the owner shall obtain a building permit (in the ca,e of a residential building being moved into or within the City limita) and a moving permit, and said permit(s) shall be filed with the City in conjunction with a letter of credit in an amount to be determined annually by the City Council. A Certificate of Occupancy must be obtained from the City within ten (10) weeks of the date a residential building is moved into or within the City limits. If a Certificate of Occupancy 1s not obtained within ten (10) weeks, the City, in its 801e discretion, may draw down on the letter of credit and take whatever steps it may deem necelsary to bring said relocated residential building into compliance with all ordinances of the City of Prier Lake. In the event the City draws down on the letter of credit in order to bring a relocated residential building into compliance, 10' of the total letter of credit shall be paid to the City as itl administrative fee. Structure. other than residential building, (such a. garage. and sheds) shal1 not be moved into or within the City limits, but may be moved out of the City limite. Prior to a structure being moved out of the City limit., the owner shall obtain a moving permit, an4 laid permit shall be file4 with the City in oonjunction with a letter of credit in an amount to be determined annually by the City Council. The lite of any residential building or other structure that 11 moved out of the City limit. must be backfilled to match exilting grades with suitable material8. The site shall be planted and reclaime4 .imultaneously with the move of the structure. If the site is not backfilled, planted and reclaimed within one (1) week of the date a residential building or other structure 1. moved out of the City limits, the City, in itl sole dilcretion, may draw down on the letter of credit in ~. 1 I j order to backfill, plant and reclaim the .ite. In the event the City drawl down on the letter of credit in order to backfill, plant and/or reclaim a .ite, 10' of the total letter of credit shall be paid to the City aa jt. administrative fee. Residential bUildings and other structure. 1n transit may be transported through the City of Prior Lake provided that required permits are obtained from the Citr prior to transportation of the residential but din9 or struoture through the City. Residential bUildings or structures shall be moved between the hour. of one o'clock (1:00) A.M. and five O'clock (5:00) A.M. Section 4.1 P. of the Prior Lake Zoning Ordinance is hereby amended to read ae follows: P. ReSidential buildings mar be mOved into, within or out of the Citr limits, prov ded that anr relocated resident!a buildings comply with a1 ordinance. of the City of Prior Lake, including ordinance. relating to architectural design and materials. Prior to a residential building beinq moved into, within or out of the City limits, the owner Shall obtain a building permit (in the case of a residential building being moved into or within the City limits) and a moving permit, and laid permit(,) ahall be filed with the City in conjunction with a letter of credit in an amount to be determined annually by the City Council. A Certificate of Occupancy must be obtained from the Citr within ten (10) week. of the date a residential bui dinq 11 moved into or within the City limit.: If a Certificate of Occupancy 1. not obtained within ten (10) weeks, the City, in it. lole di.cretion, may draw down on the letter of credit and take whatever .teps it mar deem necessary to bring .aid relocated res1dent1al bu lding into compliance with all ordinances of the City of Prior Lake. In the event the City draws down on the letter of credit in order to bring a relocated re.idential build1n; into compliance, 10' of the total letter of credit shall be paid to the City as it. administrative fe.. Structure. other than relidential buildings (such a. garage. and shed.) .hall not b. mOved jnto or within the City limit., but may be moved out of the City limit.. Prior to a structure bein; moved out of the City limits, the owner shall obtain a moving permit, and .a1d permit Ihall be filed with the City in conjUnction with a letter of credit in an amount to be determined annually by the City Council. The site of any residential building or other struoture that 1s moved out of the City limits must be backfilled to match exiet1ng grades with .u1table materials. The 5ite &hall be planted and reelaimed simultaneously with the move of the structure. If the site i. not backfilled, planted and reclaimed within one (1) week of the date a residential building or other structure ia moved out of the City limits, the City, in ita 801e discretion, may draw down on the letter of credit in order to backfil1, plant and reclaim the site. In the event the City draws down on the letter of credit in order to backfill, plant and/or reclaim a sit., 10' of the total letter of credit shal1 be paid to the City as its administrative fee. Residential buildings and other structures in transit may be transported through the City of Prior Lake provided that required permits are obtained from the City prior to transportation of the residential building or structure through the City. Residential buildings or structures shall be moved between the hours of one o'cloek (1:00) A.M. and five o'elock (5:00) A.M. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake thi. ____ day of , 19___ ATTEST: City Manager Mayor Published in the Prior Lake American on the ____ day of , 19_ Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1100 TCF Tower Minneapolis, Minnesota 55402 Minute. of the City Council December 18, 198' MOTION MADE BY WHITE, SECONDED BY LARSON, FOR THE CITY TO ENTER INTO A PURCHASE AGREEMENT WITH MCDONALD, WITH METHOD OF PAYMENT TO BE FINALIZED BY STAFF. Upon a vote taken, ayes by Fitzgerald, Larson, Scott and Whit., nay by Andren, the motion carried. ,The next order ot busines. was Consider City Ordinance Amendment. to comply witn the Minn.sota State Statute.. The tir.t ordinance ~o con.ider was Ordinance 89-131 amendinq Section 5-4-1 and 4-1.P with reqard to aovinq resident a1 buildinq. within the ..City. Planning Intern Schmitz presented details ot moving .residential buildings into, within and out of the City limits and chan9ing the amount of the letter of credit. Discussion occurred regarding architectural design standards, and enforcement ot the ordinance. Council directed statf to amend Ordinance 89-13 to retlect plans tor backfilling and restoration ot the property once the buildin~ was moved and determine whether this action could be handled wlthin the City's permitting process. The next ordinance to be discussed was 89-08 Section 6-6-8 (A) dealing with land dedication for conservation purpose.. Planning Intern SChmitz presented details of this amendment. A briet discussion~occurred regarding the type of land thi. ordinance would include. MOTION MADE BY WHITE, SECONDED BY LARSON, TO APPROVE ORDINANCE 89-08 AMENDING CITY CODE SECTION 6-6-8 AND PRIOR LAKE SUBDIVISION ORDINANCE NO. 87-10, SECTION 6-6-8. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next ordinance under discussion was Ordinance 89-12 Title 11 regarding towing ot vehicle.. Cit~ Manager Unmacht discussed the current restriction on the Pollce Department in towing of vehicles while implementing the snowbird ordinance. MOTION MADE BY LARSON, SECONDED BY SCOTT, TO ADOPT ORDINANCE 89-12 AMENDING PRIOR LAKE CITY CODE SECTION 11-1-3. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The following topics under Other Business were discussed: City Manager Unmacht noted that there was a vacancy on the Transportation Advisory Board it anyone on the Council was interested in the position they should let him know. City Manager Unmacht asked Council to make a decision on Council meeting dates tor January, since the first Monday falls on New Year's day and the third Monday falls on Martin Luther Xing'S birthday, which are official holidays. Council concurred that the meetings should take place on the first and third Tuesdays in January. 5 "AMIIPC" PLANNING REPORT SUBJECT: ZONING ORDINANCE AMENDMENT - 4.1P HOUSE MOVING DATE: DECEMBER 7, 1989 FROM: PLANNING DEPARTMENT INTRODUCTION The purpose of this public hearing is to consider an amendment to Zoning Ordinance 83-6, Section 4.1P House Moving and Prior Lake Citr Code Section 5-4-1P House Moving. The existing regulations prohIbit the moving of structures within or into the City. The City Attorney informed the Planning Department that according to State Statute the City has to allow "Residential buildings" to be moved into the city if they meet all building code requirements. The proposed amendment will allow residential structures to be moved into, within or out of the City Limits. The following ~aragraphs will show the existing and proposed language of SectIon 4.1P of the Zoning Ordinance. Proposed language will be in upper case letters. Existing Language (P) Houses or other structures shall not be moved into or within the City Limits, however, houses or other structures may be moved out of the City Limits. The site of any structure or house that is moved out of the City Limits must be backfilled to match existing grades with suitable materials. The site shall be planted and reclaimed simultaneously with the move of the structure. A permit to move the structure shal1 be filed with the City of Prior Lake in conjunction with a letter of credit in the amount equal to the cost of backfil1ing, planting, and reclaiming the site. Structures in transit may be transported through the City of Prior Lake provided that required permits are obtained from the City prior to transportation of the structure through the City. Structures and houses shall be moved between the hours of 1:00 AM and 5:00 AM. Proposed Language (P) RESIDENTIAL BUILDINGS MAY BE MOVED INTO WITHIN OR OUT OF THE CITY LIMITS, PROVIDED THAT ANY RELOCATED RESIDENTIAL BUILDINGS COMPLY WITH ALL ORDINANCES OF THE CITY OF PRIOR 4629 Dakota St. SE., Prior Lake. Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 LAKE, INCLUDING ORDINANCES RELATING TO ARCHITECTURAL DESIGN AND MATERIALS. THE SITE OF ANY RESIDENTIAL BUILDING THAT IS MOVED OUT OF THE CITY LIMITS MUST BE BACKFILLED TO MATCH EXISTING GRADES WITH SUITABLE MATERIALS. THE SITE SHALL BE PLANTED AND REeLAIMED SIMULTANEOUSLY WITH THE MOVE OF THE STRUCTURE. A PERMIT TO MOVE THE STRUCTURE SHALL BE FILED WITH THE CITY IN CONJUNCTION WITH A LETTER OF CREDIT IN AN AMOUNT TO BE DETERMINED ANNUALLY BY THE CITY COUNCIL. STRUCTURES IN TRANSIT MAY BE TRANSPORTED THROUGH THE CITY PROVIDED THAT REQUIRED PERMITS ARE OBTAINED FROM THE CITY PRIOR TO TRANSPORTATION OF THE STRUCTURE THROUGH THE CITY. RESIDENTIAL BUILDINGS SHALL BE MOVED BETWEEN THE HOURS OF ONE O'CLOCK (1:00) A.M. AND FIVE O'CLOCK (5:00) A.M. RECOMMENDATION The recommendation from staff is to approve the amendment and recommend City Council ado~tion in order that the zoning ordinance be compliant with Mlnnesota State statute. "AMIIPN" NOTICE OF ZONING ORDINANCE AMENDMENT You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E., on Thursday, December 7, 1989 at 8:45 p.m. The purpose of the hearing is to consider an amendment to Zoning Ordinance 83-6, Section 4.1P House Moving and Prior Lake City Code Section 5-4-lP House Moving. The existing regulations prohibit the movin9 of structures within or into the City. The proposed amendment wIll allow residential structures to be moved into, within or out of the city limits. The following paragraph is the proposed language of the amendment: 4.1 (P) 5-4-1 (P) Residential buildin9s may be moved into, within or out of the City lim1ts, provided that any relocated residential buildings comply with all ordinances of the City of Prior Lake, including ordinances relating to architectural design and materials. The site of 'any residential building that is moved out of the City limits must be backfilled to match existing grades with suitable materials. The site shall be planted and reclaimed simultaneously with the move of the structure. A permit to move the structure shall be filed with the City in conjunction with a letter of credit in the amount of $5,000. Structures in transit may be transported through the City provided that required permits are obtained from the City prior to transportation of the structure through the City. Residential buildings shall be moved between the hours of one o'clock (1:00) a.m. and five o'clock (5:00) a.m. If you desire to be heard in reference to this matter, you should attend this hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matt~r~ Jontact the Prior Lake Planning Department at 447-4230. ,[J,Lt J:JCL-1'Z1119.J<:,1 Deb Garross Assistant City Planner To be published in the Prior Lake American on Monday November 27 and Monday December 4, 1989. 4629 Dakota St. SE.. Prior lake, Minnesota 55372 / Ph, (612) 4474230 / Fax (612) 4474245 10 a.) CITY COUNCIL WRITEUP - MOVING STRUCTURES DECEMBER 18 1989 The purpose of this item is to consider a Zoning Ordinance Amendment to Section 4.1P "House Moving". The City Attorney informed staff that according to a new 1989 state statute the City must allow residential structures to be moved into, within, or out of the City Limits of Prior Lake as long as all building code requirements and architectural design standards and materials are complied with. The existing Ordinance prohibits the moving of structures into or within the city boundaries. The amendment would also include that other structures such as detached garages and storage sheds may be moved out of the City Limits but shall not be moved into or within the City Limits. City Attorney research determined that the legislatures intent was for resideptial structures as expressed in the law. A change in the amount in the letter of credit to move a structure out of the City Limits will also be included in the amendment. A letter of credit is used by the City as a guarantee to cover the cost of backfilling, planting, and reclaiming the site should the applicant not be able to fulfill his obligation. The City Council will annually determine the fee schedule amount for letters of credit for house movin9 permits. The Planning Commission held a public hear1ng on December 7, 1989 and discussed the ~roposed Zoning Ordinance amendment. The recommendat1on is to approve Ordinance # 89-13 as proposed. (see attached Planning Commission report and public notice for further details.)