HomeMy WebLinkAbout6A,B,C - Ordinances 93-10, 93-11, 93-09
AGENDA #:
PREPARED:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
1
STAFF AGENDA REPORT
VI - A, Band C
FRANK BOYLES, CITY MANAGER
CONSIDER AMENDMENTS TO PRIOR LAKE CITY CODE
HAVING TO DO WITH PULLTAS PREMISE PERMITS, WEED
REMOVAL AND CONTRACTOR'S FEE
JUNE 21. 1993
The City Council has scheduled a public hearing to consider
amendment to the three above referenced portions of the Prior
Lake City Code for 8:05 p.m.. June 21, 1993. Attached for review
by the Council are the proposed ordinance amendments as
prepared by the City Attorney's office.
A. Pulltab Ordinance - Title 3, Chapter 8 - Ordinance 93-10
The City Council directed that the pulltab ordinance be
revised to define the meaning of principle location or office.
The attached ordinance revision would define principle
office or location as a building or a portion thereof owned,
leased or used by an organization for at least one year prior
to their application for the conduct of all membership and
business meetings.
The second proposed amendment would require each
organization to contribute ten percent of its net profits from
lawful gambling to a fund administered and regulated by
the City. I conducted a meeting with representatives of the
Optimists, VFW and Lions Club to obtain their input on the
ordinance amendment. White they had no concern about
the ten percent requirement. they asked to have some
control over the use of the money.
As I envision it. City staff would meet with the organizations
on an annual basis to provide them with a list of potential
contributions areas. The organization could select from
among the list so that the membership has a sense of
ownership regarding where their contribution is being used.
It is also possible that a committee consisting of licensed
organizations be formed to coordinate the contributions.
B. Cutting and Removal of Grass and Weeds - l1t1e 8,
Chapter 3 - Ordinance 93-11.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Present City Code provides that state defined noxious
weeds are prohibited throughout the community. In
addition, vegetation may not exceed twelve Inches In height
throughout the community.
There are reasons for exceptions to the twelve inch height
maximum. The proposed ordinance sets forth a number of
exceptions to the twelve inch height ordinance, including
areas within a wetland or floodplain drainage pond,
maintained and weeded gardens, agricultural land and
natural preserves. In the case of natural preserves, the
Council is able to determine those lands where the height
regulation may be exceeded. provided that there are
compelling reasons to preserve the property in its natural
state, and that such preservation does not endanger
c. Permits, Inspections and Fees - Title 4, Chapter 1 -
Ordinance 93-09
The current City Code provides for a Contractor's Deposit
to reduce the likelihood of mud and soil being deposited on
the streets and to reimburse the City in the event of
damage to curb. gutters, streets and sidewalks during the
course of construction. At the present time, the City does
not collect this fee.
Building Official, Gary Staber. has recommended that the
fee be established at $1500. He is also suggesting that the
purpose of the fee be expanded to two additional areas.
The first involves new one and two family home
construction. In some cases, construction activity is
discontinued without some of the final building details being
completed. Such details include grading, sodding,
landscaping, tree planting, driveways, painting, etc. The
ordinance amendment would authorize the City to draw
against the $1500 contractor's deposit if the contractor fails
to complete such work within ten working days notice from
the City.
One-third of the deposit would be retained by the City in the
event where a temporary certificate of occupancy is
granted conditioned upon the completion of certain work. If
the contractor fails to complete the work within the time
period allotted, or fails to request a final inspection, then the
City would be able to retain one-third of the deposit to
assure that the remaining work is completed.
2
C. The City Council has the following alternatives:
1 . Take no action on all or some of the proposed
amendments thereby maintaining the status quo.
2. Adopt the ordinances as proposed.
3. Defer action on all or a portion of the ordinance
amendments until further input can be received.
RECOMMENDATION: I have met with the pulltab licensees and the attached ordinance
amendment addresses most of their concerns. The weed ordinance
is required because of continuing development of the community
and the need to fine tune the ordinance to address reality. The
contractor's deposit proposal has been discussed informally by
Gary Staber with various contractors who appear to favor it over
other alternatives which the City might consider.
I recommend that the City Council conduct the public hearing and
unless significant new information is offered with respect to these
ordinances, adopt each ordinance as recommended herein.
ACTION REQUIRED: A motion to adopt Ordinance 93-09, 93-10 and 93-11 as
proposed.
AGNHED.WRT
3
CITY OF PRIOR LAKE
ORDINANCE NO. 93-10
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 3, CHAPTER 8.
The City Council of the City of Prior Lake does hereby ordain:
I.
The second paragraph of Section 3-8-3 of Prior Lake City Code is
hereby amended to read as follows:
Licenses shall be approved by the City only if the applicant is a
fraternal, religious, veterans or other nonprofit organization
which has been in existence for at least three (3) years, has at
least fifteen (15) active members and has its principal location
or office within the City. For purposes of this section, an
organization shall be deemed to have its principal location or
office within the City if it owns or leases a building or place
of business, or a portion of a building or place of business,
within the City which is used by the organization as a meeting
place for general membership meetings and other business meetings
and is otherwise generally available for use by the organization
and its membership. An organization shall also be deemed to have
its principal location or office within the City if it has
conducted all its membership meetings and other business meetings
at a location or locations within the City for at least one year.
II.
The second paragraph of Section 3-8-4 is hereby amended to read
as follows:
City gambling permits shall be issued only to fraternal,
religious, veterans or other nonprofit organizations which have
been in existence for at least three (3) years, have at least
fifteen (15) active members and have their principal location or
office within the City. For purposes of this section, an
organization shall be deemed to have its principal location or
office within the City if it owns or leases a building or place
of business, or a portion of a building or place of business,
within the City which is used by the organization as a meeting
place for general membership meetings and other business meetings
and is generally available for use by the organization and its
membership. An organization shall also be deemed to have its
principal location or office within the City if it has conducted
all its membership meetings and other business meetings at a
location or locations within the City for at least one year.
III.
Section 3-8-5 is hereby amended to add two new paragraphs which
shall read as follows:
An organization conducting lawful gambling within the City must
contribute ten percent of its net profits derived from lawful
gambling to a fund administered and regulated by the City for
disbursement by the City for lawful purposes.
Upon application for renewal of a city gambling permit or state
license, an organization conducting lawful gambling within the
City must provide written documentation of its compliance with
this Section 3-8-5 to the City. Failure to do so may result in
nonrenewal of a city gambling permit or disapproval by the City
Council of the renewal of a state license.
This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this ____
day of , 1993.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the ____ day of
1993.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
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612 349 6055 Jun 16.93 15:44 P.04
CITY OF PRIOR LAKE
ORDINANCE NO. 93-11
ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 8, CHAPTER 3.
T~e City Counoil of the City of Prior Lake does hareby ordain:
Section 8-3-1 of the Prior Lake city Code is hereby amended to
read as follows:
6-3-1: CUTTING AND REMOVAL OF GRASS AND WEEDS: It shall be
unlawful for any owner,lessee or occupant, or any
agent, servant, representative or employee of any such owner,
lessee or occupant having control of any occupied or unoccupied
lot or land or any part thereof in the City to permit or maintain
on any such lot or property or along the sidewalk, street or
alley adjacent to the same, any growth of plants designated as
noxious weeds by the State of Minnesota pursuant to Minn. Stat.
S 18.171, subd. 5, grass, brush or other weeds or vegetation
which is horticulturally out of place to a height greater than
twelve (12) inches. This requirement does not apply to the
following: (1) a wetland or flood plain designated on the
official zoning map, (2) a drainage pond or ditch which stores or
conveys storm water, (3) maintained and weeded gardens, trees and
shrub plantinqs, (4) property being used for agricultural
purposes and (5) an area designated as a "natural preserve" by
the City Council. The determination of what constitutes a
"natural preserva" shall be made by the City Council in its sole
discretion. The City Council shall consider the following factors
in making its determination: (1) whether there are compelling
reasons to preserve the property in its natural state; (2) the
zoning district of the City within which the property is located;
and (3) whether any public safety or health problems may result
if the area 1s designated a "natural preserve".
This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this ____
day of I 1993.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the day of
1993.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402
LOMMEN-NELSON
TEL No.
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612 349 6055 ~Jlin ...16/93
CITY OF PRIOR LAKE
ORDINANCE NO. 93-'
ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 4, CHAPTER 1.
The City Council of the City of Prior Lake does hereby ordain:
Title 4, Chapter 1, of Prior Lake City Code is hereby amended to
add a new section 4-1-4 which shall read as follows:
1.
4-1-4:
RESIDENTIAL CONTRACTOR'S DEPOSIT:
(A) Any person engaging in the construction of a one or two
family dwelling within the City shall complete all exterior
items associated with such construction, including but not
limited to grading, sodding, landscaping, tree planting,
driveways, siding and painting, wi thinot\t.\\""doft<\ti~~lli) days
after the date the City building permit is iS6ued. - ' 0; .
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(B) The fee deposited with the City Manager pursuant to Section
9-1-4(C) of the Prior Lake City Code by any person engaging
in the construction of a one or two family dwelling shall
also be used as security to insure compliance with
subsection (A) of this Section.
ee) Should the person fail to comply with subsection (A) of this
Section, the City Building Inspector shall notify the person
in violation of subsection (A), who shall then have ,~~
(~) days to comply with subsection A). Any person not in
compliance after such time has elapsed shall forfeit his or
her deposit and shall be billed for clean-up or corrective
work to rectify the problem. A person allowing a temporary
certificate of occupancy to expire ~ ~ I n ~.1
~. . . I f shall automatically forfeit one-third (1/3)
of his or her deposit.
(D) Upon proper compliance with subsection (A) of this Section
and subsections (A) and (B) of Section 9-1-4, the City
Manager shall refund the remaining portion of the deposit
provided for in Section 9-1-4(C).
II.
The remaining sections of Title 4, Chapter 1, shall be renumbered
accordingly.
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This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this ____
day of , 1993.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the ____ day of
1993.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, Minnesota 55402