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HomeMy WebLinkAbout7B - Set Public Hearing Dates - Pulltabs, Weed Control, Contracotrs Deposit STAFF AGENDA REPORT AGENDA NUMBER: PREPARED BY: SUBJECT: /f ~ -7 !~ ~NK BOYLES ~ \ CONSIDER SE~ HEARING DATE TO DISCUSS AMENDMENTS TO THE PRIOR LAKE CITY CODE HAVING TO DO WITH: (1) PULL TAB PREMISE PERMITS, (2) WEED REMOVAL, AND (3) $1500 CONTRAClDR FEE BACKGROUND: Previous Council actions have suggested that there is a need to revise three provisions of the Prior Lake City Code. The first deals with lawful gambling, more specifically, the conditions which the City Council places upon any organization which desires to receive a premises permit for pull tabs. The second deals with the maximum height of weeds and vegetation allowed to grow within the community; the third provision is the $1500 cash deposit the City collects to assure that contractors complete all of their obligations during building construction. DISCUSSION: Pulltab Ordinance - Earlier this year the City Council considered a request from the Knights of Columbus for a premise pennit for pulltabs. At the conclusion of the Council's deliberation, it became clear that there are aspects of the ordinance which require clarification. For example: while the ordinance requires that an organization may only be licensed if its principle location or office is within the City of Prior Lake, it does not define the term "principle office, or location". The City Code does not currently address the question of contributions to the community or City trade area as allowed by State Statute. Under Minnesota Statutes, the City may elect to require that ten percent (10%) of each organization's net pulltab revenues be donated directly to the City. In lieu of this requirement, the City is able to establish the percentage amount of net pulltab revenues which must be spent within the "local trade area." The "local trade area" is defined by statute to be the City itself, plus all contiguous cities or townships. The City Attorney's office has drafted an ordinance amendment for Council consideration which provides a more specific definition of principle location or office, mandates that ten percent (10%) of all net pulltab profits be donated to the City, and requires each organization to maintain and submit necessary records to confmn ordinance compliance at the time of renewal. Weeds and Vegetation - The second ordinance amendmeri'fhas to do with weed height. The existing code provides that vegetation exceeding twelve inches in height is considered a nuisance and ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: may be abated by the City and charged against the benefitted property. At its April 5 meeting, the City Council considered the possibility of authorizing prairie grasses to be used as a buffer between County Road 42 improvements and adjacent homes. More recently, the Westbury Ponds Plat contemplated a berm which includes prairie grasses to buffer this development from State Highway 13. Under the existing code provision, the City would be in violation of its own ordinance by intentionally allowing growth in excess of twelve inches. The ordinance amendment would provide a mechanism through which the Council may waive this height maximum in certain circumstances. $1500 Contractor's Fee - Section 9-1-4 of the City Code require contractors to deposit a fee with the City Clerk to assure that the following actions are accomplished: removal of mud from streets, repair of damage to curbs, gutters, streets and sidewalks. Gary Staber has suggested that the purpose of this fee be broadened to act as an escrow account to ensure exterior items associated with construction projects are completed in a timely manner. Items to be covered would include grading, sodding, landscaping, tree plantings, driveways, siding and painting. Also, an automatic penalty of $500 should be considered for any person or firm that allows a temporary occupancy permit to expire without completing all conditions set forth in the permit The City attorney is researching this request to prepare the appropriate ordinance amendment. The City Council has the following alternatives: 1. Take no action which has the effect of maintaining the status quo ordinance requirements. 2. Adopt the motion which establishes a public hearing for Monday, June 21 at 8:05 p.m. to consider the three ordinance amendments. It is recommended that the City Council set Monday, June 21 at 8:05 p.m. as a public hearing date to consider the attached amendment to the Prior Lake City Code. Prior to that time, I will be meeting with groups which presently hold premise permits to receive their input with respect to the desirability of these ordinance changes. I will report the input to to the City Council as part of the agenda report. Motion to establish Monday, June 21 at 8:05 p.m. as a public hearing date to consider the two above referenced amendments.