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Home My WebLink About8A - Code of Ordinances for City of Prior Lake MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: CITY COUNCIL AGENDA REPORT May 3, 1999 8A Kelly Meyer, Executive Secretary and Frank Boyles, City Manager CONSIDER APPROVAL OF ORDINANCE 99.XX ENACTING A CODE OF ORDINANCES FOR THE CITY OF PRIOR LAKE, MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES. History Over the years, the City of Prior Lake has passed through a process of legislative change. While only a few simple laws were once necessary, subsequent growth of the community, together with the complexity of modern government, has created a need for new and more detailed ordinances. The orderly collection of these records is an important, ever- continuing process necessary for maintaining municipal history. In the past Sterling Codifiers has provided the City's codification services. CUffentCifcumsmnces Staff has found that the procedures previously used for codifying ordinances and their amendments was not only out-of-date, hard to manage and time-consuming, but costly as well. Staff believes the maintenance of the Code can more efficiently be completed in-house. In order to update, more easily use and manage the City's code of ordinances, staff, in conjunction with the City Attorney, proposes a recodification of the City's current ordinances. The reorganization involves only housekeeping measures. Sections and/or paragraphs may have been combined, reformatted or moved, but the language and context in which it appears remains unchanged. Any substantive changes recommended by the City Attorney and/or staff will be brought to the Council at a later date on a case-by-case basis. Conclusion Staff has recodified, updated and renumbered the current code of ordinances so that it can be easily maintained in-house at a more reasonable cost. Are substantive changes being proposed? No. The key revisions deal with the format of the document. The chapters have been reorganized and renumbered to enhance the utility of the document and 162P.<tOON~t~P$$\9~()i503-_c6<A.OO(ihesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQLAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: integrate the zoning ordinance to avoid previous problems with dual documents. Why does the staff want to get involved in codification of the City Code? Over the last few years we have reviewed and revised five major chapters in the Code. To complete the updating of this 1979 document, additional chapters will be recommended for revision. Sterling was not able to swiftly incorporate the changes in the document. The cost and time delay in revising the document were undesirable. By placing the day-to-day responsibility with staff, the cost is reduced and the "turn around time" for updating is under our control. Why are we doing this now? When faced with huge changes to the zoning ordinance, staff felt it was an opportune time to also address updating the format and numbering of the remaining City Code. Rather than wait until all the chapters have been updated, it makes more sense from a timing standpoint to reprint the new zoning ordinance and revised Code at the same time. We then begin with a fully updated document. How significant is the adoption of the proposed ordinance? The action requested of the Council is housekeeping in nature. It allows for the renumbering of the Code chapters so they are integrated with one another which provides cohesion and usability to the overall document. The ordinance also confirms that this is a summary of the City Code for publication purposes. The design for the new code books has not been finalized, but early estimates are between $5.00 and $7.00 per book. We will need 35 sets, or 70 books for distribution to City staff, Attorney, Library etc. We will also get an initial supply of 15 sets for sale to the general public. The total costs for books would be between $500 - $700, and is well within the budget allowance. Initial printing costs are estimated to be $1500- $1800. There will also be minimal copying costs over time for maintaining and updating the books as amendments to current ordinances are passed. In the past the City has budgeted $4000-4500 annually to Sterling Codifiers for maintenance of the City's Code of Ordinances. Staff believes, even with the above initial expenditures, the overall savings over time will be significant. More important, the Code can be quickly revised and kept up-to-date. Our experience with Sterling was just the opposite. (1) Approve Ordinance 99-XX Authorizing the Recodification. (2) Reject Recodification of the City Code of Ordinances. Alternative (1). I:\COUNCIL \AGNRPTS\99\0503 _8A.DOC CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA Ordinance No. 99-XX AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF PRIOR LAKE, MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES. Whereas, Minnesota Statutes ~ 15.021 authorizes the City to cause its Ordinances to be codified and printed in book form; and Whereas, Minnesota Statutes ~412.191 authorizes summary publication of City ordinances; Now Therefore, the City Council of the City of Prior Lake, Minnesota does hereby ordain as follows: 1. The general Ordinances of the City of Prior Lake as amended, restated, revised, updated, codified and compiled in book form, including penalties for the violations of various provisions thereof, are hereby adopted and shall constitute the "Code of Ordinances of the City of Prior Lake". This Code of Ordinances also adopts by reference certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances. 2. The Code of Ordinances as adopted above shall consist of the following titles: PART 1: ADMINISTRATIVE Official City Code ......................................... 101 Saving Clause.............................................. 102 Definitions.................................................... 103 General Penalty........................................... 104 Mayor and City Council................................ 105 City Manager............................................... 106 City Officers................................................. 107 City Elections............................................... 108 Civil Rights................................................... 109 Disposition of Property................................. 110 Special Assessments Deferral..................... 111 PART 2: BOARDS AND COMMISSIONS Civil Defense Organization............... ............ 201 Planning Advisory Commission.................... 202 PART 3: BUSINESS REGULATIONS Liquor........................................................... 301 Peddlers ............. ............. ............. ........ .......302 16200 Eagle Creek Ave. S.L Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Massage Therapy........................................ 303 Taxicabs......................................................304 Lawful Gambling.......................................... 305 Cable TV...................................................... 306 Outdoor Concerts........................................ 307 Tobacco....................................................... 308 PART 4: BUILDING REGULATIONS Building Code............................................. .401 Plumbing Code........................................... .402 Residential Swimming Pools........................403 PART 5: FIRE REGULATIONS Volunteer Fire Department.. .......... ........ .......501 Bureau of Fire Prevention ............................502 Fire Prevention Regulations......................... 503 PART 6: HEALTH AND SANITATION Garbage and Refuse.................................... 601 Dutch Elm / Oak Wilt Disease ...................... 602 Weeds .................................. ....... ......... .......603 Firewood...................................................... 604 Public Nuisances......... ........................ ........ 605 Junk Vehicles............................................... 606 PART 7: PUBLIC WAYS AND PROPERTY Streets, Sidewalks & Public Ways................ 701 City Parks..... ......... ............................. ......... 702 Public Waters............................................... 703 City Waterworks System.............................. 704 City Sanitary Sewer System......................... 705 Excavating and Filling ..................................706 Storm Water Management........................... 707 PART 8: POLICE REGULATIONS Animals ............................. ........ ............ .......801 Dogs & Cats................................................. 802 General Offenses......................................... 803 Firearm Regulations..................................... 804 Abandoned and Unclaimed Property........... 805 PART 9: MOTOR VEHICLES AND TRAFFIC Traffic Code .................................................901 Snowmobiles............................................... 902 Off-Road Vehicles; Combustion Engines .....903 PART 10: SUBDIVISIONS General Provisions....................................... 1001 Definitions.................................................... 1002 Procedures for Submission of Plats .............1003 2 ~ r .! Data for Preliminary Plat..............................1004 Data For Final Plat....................................... 1005 Minimum Design Standards .........................1006 Improvements Required................. .............. 1007 Registered Land Surveys............................. 1008 Variances......... ........... ................................. 1009 Conveyance by Metes and Bounds.............. 1010 Violations, Enforcement and Penalties.........1011 Amendments... ............................. ................ 1012 PART 11: ZONING REGULATIONS General Provisions....................................... 1101 Residential District Regulations.................... 1102 Overlay Districts........................................... 1103 Shoreland Regulations................................. 1104 Flood Plain Regulations ............................... 1105 Planned Unit Developments......................... 1106 General Performance Standards .................1107 Conditional Use Permits, Variances and Amendments......................................... 1108 Administration Procedures........................... 1109 Communications Towers ............................. 1110 Adult Uses ................................................... 1111 Official Maps ................................................ 1112 3. All prior Ordinances pertaining to the subjects treated in the Code of Ordinances shall be deemed repealed from and after the effective date of this Ordinance, except as they are included and re-ordained in whole or in part in the Code of Ordinances; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance, nor shall this repeal affect the provisions of Ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase for sale of real or personal property, granting any conditional use permits or variances, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall this repeal affect any other Ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances. 4. This Ordinance adopting the Code of Ordinances shall be a sufficient publication of any Ordinance included in it and not previously published in the City's official newspaper. The Clerk of the City shall cause a substantial quantity of the Code of Ordinances to be printed for general distribution to the public at actual cost and shall furnish a copy of the Code of Ordinances to the County Law Library or its designated depository and the Prior Lake Library and Resource Center. The official copy of this Code of Ordinances shall be marked and be kept in the office of the City Clerk. 5. The Code of Ordinances is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the Courts of the State of Minnesota. 3 6. This City Council hereby determines that this Ordinance clearly informs the public of the intent and effect of the Ordinance. The City Council authorizes summary publication of the Code of Ordinances. 7. This Ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect upon publication of this Ordinance in the City's official newspaper. THIS ORDINANCE SHALL BE EFFECTIVE FOLLOWING PASSAGE AND PUBLICATION. CITY OF PRIOR LAKE Wesley M. Mader, Mayor ATTEST: Frank Boyles, City Manager 4 .~