Loading...
6.1. SR 12-16-2002POver TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Sandra Peine, City Clerk Michele McPherson, Director of Planning December 16, 2002 Recodification of City Code Item # 6. I Request The Council is requested to adopt an ordinance which repeals the existing code and enacts a new code for the City of Elk River. Process The recodification of the City Code entailed a legal review of the entire code by an attorney from Municipal Code Corporation OVICC). MCC is the company the City hired to recodify the code. The review identified conflicts, inconsistencies and obsolete provisions in conjunction with state statutes, as well as conflicts within the code itself. This process also involved review of the code by the City's Attorney and all departments of the City. As you will see, the end result is a city code that has been reorganized and renumbered to make it much more user friendly, not to mention the fact that it has a more professional appearance. Attached is a memorandum from the Senior Code Attorney at Municipal Code Corporation. This memorandum summarizes the changes that have been made to the City Code. All changes have been reviewed by the City's Attorney and by Department Heads. Zoning Ordinance State Statute requires a public hearing for all text amendments to the Zoning Code, the Planning Commission and City Council are required to conduct a public hearing prior to adoption of the recodified code. The changes between Chapter 900 "Zoning" and Chapter 30 are summarized below: Memo to the Mayor and City Council/Recodification December 16, 2002 Page 2 1. A reorganization of the land development regulations such that all definitions are in one section. These definitions include those that may have been included in separate sections such as the Shoreland, Wild and Scenic, Floodplain, Landscaping, or other areas of Chapter 900. 2. Corrections to typographic and grammatical errors found throughout the document. 3. Changes in references from the Building and Zoning Administrator to the Chief Building Official in multiple sections. 4. Removal of outdated sections and references. 5. Grouping of districts by residential, commercial and industrial. Each grouping includes uses and setbacks specific to that grouping. Reorganization of performance standards, especially those relating to pedestrian and vehicular circulation. In Chapter 900 these standards were in several unrelated sections. 7. The use of tables and charts to communicate setback and other similar standards. 8. Numerous minor changes to clarify the intent of the ordinance. The Planning Commission has held a public hearing in relation to Chapter 30, "Land Development Regulations" (A combination of both the Zoning and Subdivision Ordinances) at its November 26, 2002 meeting. The Planmng Commission recommended approval of Chapter 30. Action Requested 1) Open the public hearing for comments on the zoning part of the code. 2) Approve the attached Ordinance, which repeals the old code and adopts a new code for the City of Elk River. S :\CLERK\RECODIFYXadoption memo.doc ORDINANCE NO. ~ AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ELK RIVER, MINNESTOA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. The City Council of the City of Elk River Ordains:: Section 1. The Code entitled "Elk River, Minnesota City code," published by Municipal Code Corporation, consisting of chapters 1 through 86, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before June 17, 2002, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be pun/shed by a fine not exceeding the maximum amount authorized by law, or any combination thereof. In any case a person convicted of a violation of this Code shall pay the costs of prosecution. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense and with respect to violations of this Code that are not continuous with respect to time, each day that the violation continues is a separate offense.,. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the city to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after June 17, 2002, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall take effect and be in full force from and after the date of its publication. PASSED AND ADOPTED by the City Council of the City of Elk River. this day of By: Stephanie A. Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk MEMORANDUM September 15, 2000 TO: Mr. Peter Beck, Minnesota City Attorney, City of Elk River, FROM: Roger D. Merriam, Senior Code Attorney, Municipal Code Corporation ? Re' Elk River Codification---Substantive Changes PART I. INTRODUCTION A. GENERAL This memorandum summarizes the substantive changes that will be made by adoption of the new city code. All references are to the current city code unless otherwise noted. PART II. GENERAL CHANGES The following changes are made in all ordinances in.the completed code without further mention: 1. Incorrect grammar has been corrected. 2. Catchlines have been altered so as to reflect the contents of the section and so as to mesh with the organizational scheme of the code. The general provisions chapter (se~,ae~b4c~j~'4) provides that catchlines are not part of the law; therefore, sections have been reworded so as to be independent of catch tines. 3. The Code has been edited in light of' the genera[ provisions chapter (~'~'*a~;~¢,~) so as to dim inate redundancies. The word "said" has been changed to "such" or ~tthe," as appropriate. The pt~rase '5n the event that" has been changed to "if." The word "fireman" (and variants thereo0 has been changed to"firefighter" (and appropriate variants thereof). The word"policeman" (and variants thereo~) has been changed to "police officer" (and appropriate variants thereo0. 8. All references to the stare statutes has been cited as "Minn. Stats." PART III. SPECIFIC RECOMMENDATIONS Chapter 1. General Provisions With the exception of § 108 (which has been relocated to another chapter) revised this chapter to be more complete. Chapter 2. Administration, Personnel, Boards and Commissions SECTION 200. THE COUNCIL 200.00. Council meetings. Deleted subsection 4 (open meetings) as covered by Minn. Stats. §§ 471.705, sub& 1. 200.04. Minutes. Deleted subsection I. Under Minn. Stats. § 412.151 the clerk has the duty to keep records Of proceedings. This section is invalid to the extent it attempt to allow the council to designate another to do so in the absence of the cterk or the clerk's designee. (As a practical matter a designee of the clerk will always be present.) 200.12. Committees. Deleted as not needed. The council has this power absent this section. 200.14. Suspension or amendment of rules. Added language providing that provisions that are mandated by statute cannot be suspended. (Near Code ~ 2-51) / SECTION 202. ELECTED AND APPOINTED OFFICIALS 202.00. Salaries of mayor and Councilmembers. (2New Code 5~ 2-32) I. Deleted the payment interval as being a matter that should not be determined by ordinance. 2. So as to be consistent with Minn. Stats. § 412.121, changed vice mayor to acting mayor. 202.06. Treasurer. (Netv Code § 2-83) 1. Deleted subsection I (general duties) as covered by (and inconsistent with) Minn. Stats. § 412.141. Added a statement that the treast, rer has the duties provided by law. 2. Deleted subsection 2 as covered by Minn. Stats. § 412.141. The last sentence (relative to the council appointing a deputy) does not appear needed and is not in statute. 202.08. Clerk. (Ne., Code ~ 2-84) 1. Deleted subsection I (general duties) as covered by Minn. Stats. § 412.151. Added a provision that the clerk has the duties provided by law. 2. Deleted subsection 2 (other dz~ties) as not needed. SECTION 204. POLICE DEPARTMENT 204.00. Police department continued. Corrected the statutor3' reference to be to Minn. Stats. ch 479A. (New Cone § $4-3~) 204.06. Extra police. Deleted. U~nder Minn. Stats. §§ 626.846 et seq. police officers must meet state training standards and be licensed by the state. It would seem that the sort of temporary employment contemplated by this section would be impractical given training and li/:ensing requirements, i.e., it really would not be practical to employ licensed individuals temporarily. SECTION 206. VOL UNTEER FIRE DEPARTMENT 206.24. Interference with fire department; false alarms. Deleted as covered by Minn. Stats. §§ 609.50, 609.686. SECTION 208. E~¥1ERGENCY 3~IANA GE:¥IENT 208.02. Definitions. Conformed the definition of"emergency management" to Minn. Stats. § 12.03, sub& 4. (New Code § 18-31) 208.08. Local emergencies. Deleted as covered by Minn. Stats. § 12.29. 208.10. Emergency contracting and other powers. Deleted as covered by Minn. Stats. § 12.37. 208.12. Emergency management personnel. Deleted. This section requires compliance with a mandatory statute. 208.14. Political activities. Deleted as covered by Minn. Stats. § 12.44. SECTION 21 O. PUBLIC UTILITIES COM3IISSION Per Minn. Stats. § 412.331, add the following language: "The city hereby accepts the provisions of Minn. Stats. §§ 412.331 to 412.391. (New Code § 2-271) .; 210.02. Membership; Deleted all provisions other than the residency reqmrement as covered by Minn. Stats. § 412.341, subd. 1. 210.04. Organization. Deleted = covered by (and in conflict with) Minn. Stats. § 412.341, subd. 2. 210.08. Powers. Deleted as covered by (and in conflict with) Minn. Stats. § 412.361. 210.10. Funds. Deleted as covered by Minm Stats. § 412.371. 210.14. No liability of part of city. Deleted. The city cannot so provide. Secs. 210.16--210.34. Anoka Electric Cooperative franchise. Deleted. This is a franchise that will expire on January 7,2011. Therefore, it is not of'a general and permanent nature and should not be codified. Language in the proposed general provisions chapter saves franchises from repeal. SECTION 214. PLANNING COM~I/IISSION 214.02. Membership and terms. Deleted initial terms and deadline for appointment of members as obsolete. 214.06. Meetings. Corrected garbled language in the last sentence. Clarified that Robert's Rules of Order, Newly Revised, 9th Edition is adopted. (New Code § 30-34) SECTION 215. HERITAGE PRESERVATION COM:}IISSION 215.04. Membership and terms. Deleted initial terms and deadline for appointment of members as obsolete. SECTION 216. PARK AND RECREATION C03IMISSION 216.00. Abolition of park board and recreation board. Deleted as obsolete or not needed. 216.06. Membership and terms. Deleted the third sentence as obsolete. 216.14. Meetings. Corrected garbled language in the last sentence. Clarified that Robert's Rules of Order, Newly Revised, 9th Edition is adopted. (New Code § 2-235) 216.16. Reports by the commission. In the last sentence deleted the provisions relative to who appoints the city administrator as covered by Code § 202.02. (New Code § 2-236) SECTION 21 7. ESTABLISHMENT OF ICE ARENA COM31ISSION 217.04. Members and terms. Deleted time for appointment as obsolete. 217.07. Meetings. 1. Deleted the next to last sentence as.covered by Minn. Stats. § 471.705. 2. Corrected garbled language in the last sentence. Clarified that Robert's Rules of'Order, Newly Revised, 9th Edition is adopted. (New Code :~ 2-255) Chapter 3. Elections SECTION 3 00. ELECTION PR OCED URE 300.00. Wards. Deleted these provisions but saved from repeal in new code chapter 1. Added language stating that wards are as established by ordinance. (New Code ~ 14-1) SECTION 302. PROVISIONS OF STATE LAW TO GOVERN 302.00. State law to govern. Deleted as not needed2 SECTION 304. MUNICIPAL PRIMARY ELECTIONS 304.00. Date of primary. Revised to only require a primary as provided by Minn. Stats. § 205.065, the remainder being covered by such statute. (New Code § 14-2) 304.02. Primary election candidates. Deleted as covered by Minn. Stats. § 205.065, sub& 4. 304.04. General election candidates. Deleted as covered by (and in conflict with) Minn. Stats. § 205.065, subd. 5. If retained conformed to same. 304.06. Effective for all ensuing municipal elections. Deleted as not needed. See also Minn. Stats. § 205.065, subd. 2. Chapter IV. Penal Regulation SECTION 402. DISORDERLY CONDUCT 402.00. Disorderly conduct. Deleted as covered by Minn. Stats. § 609.72, subd. 1. 402.02. Defacement of public or private buildings or places. Deleted as adequately covered by Minn. Stats. § 609.595 (criminal damage to property). To the extent that this section prohibits placement of handbills on private property, it was unconstitutionally overbroad. See Schneider v. State, 308 U.S. 147, 60 S. Ct. 146, 84 L. Ed. 155 (1939); Lovell v. Ci~. of Griffin, 303 U.S. 444, 58 S. Ct. 666, 82 L. Ed. 944 (1938). The sign restriction is not needed, given Code § 900.22. 402.04. False alarms. Tied the fees to resolution. ~e}v Code bg 5091) 402.06. Glues and related substances. Deleted as covered by Minn. Stats. § 609.684. N.B., the self service prohibition in subsection C. is not in the statute. The author's experience (as an assembler of plastic models) suggests that this requirement is not followed in most stores. SECTION 404. DANGEROUS ~VEAPONS (as amended Ord. No 99-30) 404.08. Handing and use of dangerous weapons by minors. Deleted the/first sentence as preempted by Minn. Stats. § 471.633. 404.12. Hunting and shooting by permission of landowner. It is assumed that the amendment made by Ord. No. 00-10 does not repeal subsections 3---5, Lc. that Ord. NO. 00-I0 totally restates subsections 1 and 2.. (New Code ~ 50117) SECTION 406. }VATER USE RESTRICTIONS 406.00. Water use restrictions. Deleted. This section is intended to apply only to users of water furnished by the public utilities commission. This should be a rule of the public utilities commission. See Minn. Stats. § 412.361. Added language making it unlawful to violate rules of the commission. (New Code ~ 2-276) SECTION 410. OPEN BURz¥ING 410.02. Open burning permits. 1. Avoided delegation of power problems by altering subsection 2 so that permits are issued upon a showing of compliance with ail ordinances and state requirements. (~ew Code ~ 22-130 2. Tied fee in subsection 5 to resolution. (JYew Code ~ 22-131) 410.08. Special open burn permit. 1. Avoided delegation of power problems by altering subsection 2 so that permits are issued upon a showing of compliance with all ordinances and state requirements. (~ew Code ~ 22-132) 2. Tied fees to resolution in subsection 2. (New Code § 22-132) SECTION 412. EXPLOSIVES AND BLASTING A GENTS Deleted the specific penalties in subsections 412.08,412.10(I), 414.12(I) and 412.14. Chapter 5. Public NuisanCes and Animals SECTION 500. NUISANCES Added abatement provisions (with special assessment for costs) (New Code § 46-38) SECTION 502. DOGS AND OTHER AdVI3,IALS 502.04. Right of entry. To avoid constitutional problems, changed % reasonable belief" to "probable cause." (New Code 35 1 0-32) 502.06. Records. Deleted as not needed. It would seem that this could be better handled by administrative policy. If retained, deleted the inspection provisions as not needed. Additionally, it records access provisions in Minn. Stats. § 13.03 adequately provides for inspection. 502.12. Dogs on leash. Revised to prohibit a female dog in heat from being offthe premises of the owner. (New Code 35 10-81) 502.18. Dogs license fee. Tied l:ee to resolution.. (New Code 35 10-82) 502.3'0. Redemption of animal. Revised to tie the fee to resolution. (New Code ~ 10-53) 502.36. Permits for commercial and private kennels. I. Avoided delegation of power problems by providing that the permit is issued upon a showing that there will be compliance with all laws and ordinances. (New Code § 10-83) 2. Revised to tie the fee to resolution. (New Code ~ 10-83) SECTION 504. CONTROL OF OAK WILT AND DUTCH ELM DISEASES 504.02. Forester. Revised so enforcement is by the city administrator or designee. Appropriate changes are made (if necessary) throughout Code § 504. (New Code ch. 82, art. II) 504.12. Procedure for removal of infected trees and wood. Corrected to rule reference to be to Minnesota Rules chapter 1505. (New Code 35 82-36) SECTION 506. ABANDONED PROPERTY 506.00. Abandoned motor vehicles. Deleted as covered by (and in Conflict with) Minn. Stats. ch. 168B. 500.06. Abandoned motor vehicles. Added reference to junk, unlicensed or inoperative vehicles. (New Code § 46-34) Chapter 6. Environmental Control SECTIOIV 602. REFUSE AND GARBA GE 602.00. Definitions. (]Vew Code bt 58-31) 1. Conformed the definition of mixed municipal solid waste to Minn. Stats. § 115A.03, subd. 2I. 2. Conformed the definition of solid waste to Minn. Stats. § 115A.03, subd. 31. 602.06, Contract for refuse collection. Deleted subsections 1---3 as not needed. 602.08. Licensing of collectors and haulers. Revised the required insurance to be a $1,000,000.00 all-perilS policy. (New Code ~ 58-62) 602.10. Refuse collection schedule. Deleted ali but the last sentence as adequately address in the collection contract. 602.11. Appeals board. Deleted as not needed. SECTION 604. SOLID I'VASTE FA CILITIES 604.32. Variances. Deleted the last two sentences as obsolete. 604.34. Enforcement. 1. Deleted subsection 1 .A. as not needed. 2. Deleted subsection I.E. as covered by subsection 2. 3. Deleted subsection 3 as covered by the revised general provisions chapter. Chapter 7. Licensing of Regulated Businesses and Activities As many provisions in the Code tie license or permit issuance to good moral character or moral character standards, insert the following language (New Code ~ 38-1): In this Code the phrase "good moral character" or "moral character" shall be construed to mean the propensity of the person to serve the public in the licensed area in a l~'air, honest and open manner. A judgment of guilt in a driminal prosecution or a judgment in a civil action may be used as evidence in the determination and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that: (1) At the current time he has the ability to, and is likely to, serve the public in a fair, honest and open manner; and (2) He is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which he seeks a license or permit. SECTION 700. GENERAL PROVISIONS 700.00. Applicability. Deleted as eot needed. 700.04. Fees. Tie fees to resolution.(CNew Code § 38-32) 700.08. General standards of conduct. In subsection 1 correct internal reference to be to § 700.10. Hew Code § 38-34) 700.10. Enforcement; inspections and investigations; suspension or revocation; summary action. Deleted Subsection 2 (search warrant). The cases annotated under Minn. Stats. §§ 626.07, 627.08 indicate that there is a strict requirement of probable cause and do not appeal' to recognize the 'inspection warrant" doctrine. It appears that under Minnesota law no search warrant can issue for an inspection. Added language that the license is revoked if entry is denied. Hew Code § 38-35) SECTION 702. CONVERSATION PARLORS Deleted as obsolete. SECTION 704. MASSA GE AND SA UNA ESTABLISH:IlENTS 704.02. Definitions. In the definition of "message therapist" deleted the reference to meeting the licensing requirements. As § 704.20 requires licensing of message therapists using this defined term a logical contradiction is created. One is not a message therapist unless he is licensed and one does not have to be licensed unless he is a message therapist. 704.04. Business license required for establishment. In subsections 1 and 2 tied fee to resolution. (TVew Code · §§ 38-222, 38- 223) 704.08. Restrictions and regulations. 1. Deleted subsection 12 (compliance with amendments to section) as not needed. 3. As the grounds for prohibited discrimination in subsection 11 as not as broad as found in Minn. Stats. § 363.03, subd. 3 and the statute is rather complicated, reworded merely reference the statute. Hew Code § 38-263) 704.20. Individual massage therapist license. Tied fee to resolution. (TVew Code § 38-242) SECTION 706. PUBLIC DANCES Deleted as obsolete. SECTION 70& TOBACCO REGULATIONS 708.06. Fees. Revised to tie the fee to resolution. (New Code ~ 26-55) 708.28. Severability and.savings clause. Deleted as covered by the revised general provisions chapter. SECTION 710. MECHANICAL AMUSEikIENT DEVICES Revised to include video gmnes and pool tables. 710.02. License required; gambling devices not permitted. Deleted the citizenship provisions in subsection 2 as unconstitutional. See in re Griffiths, 413 U.S. 717, 93 S. Ct. 2851, 37 L. Ed. 2d 910 (1973) (citizenship as prerequisite to practice law unconstitutional); Examining Board of Engineers v. de Otero, 426 U.S. 572, 96 S. Ct. 2264, 49 L. Ed. 2d 65 (1976) (law denying civil engineer's license to alien unconstitutional); Bernal v. Fainter, 467 U.S. 216, 104 S. Ct. 2312, 81 L. Ed. 2d 175 (1984) (law denying notary public commission to alien unconstitutional); Takahashi v. Fish & Game Commission, 334 U.S. 410, 68 S. Ct. 1138, 92 L. Ed. 1478 (1948) (law denying commercial fishing license to persons ineligible for citizenshiff unconstitutional). 710.08. License fees and terms. Tied the fees to resolution. (lYew Code ag 38-85) SECTION 712. BILLIARD HALLS AND POOL HALLS 712.02. License required. Tied the fees to resolution. (New Code ag 38-134) 712.06. Refusal of license. Changed reasonable cause to lawful cause. (New Code ag 38-133) 712.10. Prohibited practices. (New Code 85 38-112) 1. Deleted subsection 1. as covered by Minn. Stats. ~ 609.755. 2. Revised subsection 2. so as to prohibit allowing violations of Minn. Stats. § 609.72. The existing language prohibition (profane, obscene or indecent language) is unconstitutionally overbroad. See Chaplin/cry v. Newlqampshire, 315 U.S. 568, 62 S. Ct. 766, 86 L. Ed. 1031 (1942). 3. Revised subsection 4. to apply to conduct that would make a person unfit to be employed in a pool room. SECTION 714. B 0 WLING ALLEYS Deleted as obsolete. SECTION 71& BINGO Delete das obsolete. It should be noted that Minn. Stats. § 349.213 authorizes local ordinance more stringent than Minn. Stats. ch. 349; however such regulations must apply equally to all forms of lawful gambling (including bingo), except that paddlewheels may be prohibited. See Minn. Stats. § 349.213. subd. 1 (c). This section at-tempts to regulate bingo but does not conforme to Minn. Stats. ch. 349. It is likely that it tracked the statute at one time. (For example the prize limit in § 718.04(5) of $100.00 is than and thus more stringent than the $200 limit in Minn. Stats. § 349.21 I, subd. I. (There are numerous other conflicts with statute.) As there are no analogous restrictions for other charitable gambling, the more stringent restrictions are invalid. SECTION 720. MINERAL EXCAVATION 720.06. Extraction license and conditional use permit. In subsection (3) altered so distance is 350 feet (not mile) and so that names are obtained t'rom the county auditor. Reworded subsection 720.20, revised to provide that the city may require a letter of credit or cash escrow all as approved by the city attorney. (lYew Code ~ 42-55) SECTION 722. TRANSIENT lklER CHANTS, SOLICITORS; PEDDLERS AND CANVASSERS Throughout this section changed zoning administrator to director of planning. (]Vew Code ch. 38, art. I/III) 722.10. Exemptions. Revised paragraph 3 to provide an exemption for nonprofit groups that register (feelessly) with the city. In light of this former § 422.04 (2) is deleted. (New Code ag 38-383) 722.18. License restrictions and regulations. Expanded subsection 1 so licenses are exhibited on request of any person (not any citizen, as stated). (lYew Code ag 38-417) 722.20. Peddlers, canvassers and solicitors may be prohibited by placard. Deleted subsection 2 (sign removal) as adequately covered by Minn. Stats. §§ 609.52 (theft) and 600.595 (damage to property). SECTION 724. PA WNBROKERS Added the provisions tracking Mi,re. Stats. §§ 325J.02(c), (e), (f), 325J.05(a~), 325J.06---325J.095. ('New Code ch. 38, art. VII) 724.00. Definitions. Conformed the definition of pawnbroker to Minn. Stats. § 325J.01, subd. 4. (This will add the f'mancial institution exemptions.) (New Code ag 38-291) 724.12. License fees. Tied tees to resolution. (New Code ag 38-315) 724.16. Persons and places ineligible for license. Deleted subsection 5(C) (buffer zone) as covered by §§ 900.12 (C)(xix). Added language stating the compliance with zoning is a license requisite. Hew Code ag 38-316) 724.30. Severability. Deleted as covered by the revised general provisions chapter. SECTION 726. LICENSE FOR SEXUALLY ORIENTED LAND USES 726.00. Definitions. In the definition of sexually oriented land uses. corrected the statutory reference to be to Minn. Stats. § 617.293.deleted. (New Code ag 38-441 ) 726.14. Severability. Deleted as covered by the revised general provisions chapter. 10 Chapter 8. Beer, Wine and Liquor Licensing and Regulation (All references in this chapter to provisions in chapter 8 are to same as amended by Ord. No. 2000-01 .) SECTION 800. BEER, WINE AND LIQUOR LICENSE LICENSING AND REGULATION ORDINANCE 800.02. Definitions. (:Ye"' Code ag 6-]) 1. In the definition of hotet, alter the guest room requirement to be as least 25. As the city is a city of the third class, 25 is the operative number. See Minn. Stats. §§ 340A. I01, subd. 13,410.015. 2. Conformed the definition of manufacturer to Minn. Stats. § 340A.101, subd. 17. 3. While the definition of. restaurant does track Minn. Stats. § 340A.101, subd. 25, it needs revision. Under the statute and ordinance the minimum seating capacity is determined by the council. This should be stated in the definition. Please advise so that it may be inserted. 4. Conformed the definition of wine to M inn. Stats. § 340A. 101, subd. 29 by adding "Wine does not include distilled spirts as defined in Minn. Stats. § 340A.I01, subd. 9. 800.06. Types of licenses. In subsection 2. (~vine licenses), conformed to Minn. Stats. § 340A.404, subd. 5(a) by adding the language about authorized sale of' wine on all days except Sunday. (New Code ~ 6-52) 800.08. Applications and licenses under this chapter--Procedure and administration. 1. tn subsection 2 (investigation of on-sale licenses), revised so that the subsection only applies to intoxicating liquor licenses so as to be consistent with Minn. Stats. § 340A.412, subd. 2. See also Minn. Stats. § _~40~.4~ ~. (Ne., Code ag 6-55) 2. Revised subsection 2 F. so as to tie the duplicate license fee to resolution. (New Code ~ 6-66) 800.26. Unlawful acts. In subsection 4, deleted the word "indecent" as unconstitutionally vague. 800.36. Hours and days of sale. In subsection 2, conformed to Minn. Stats. § 340A.504, subd. 2, by altering the Sunday sales prohibition to be after l:00 a.m. (Ne"' Code ag 6-94) 800.38. Restrictions involving underage persons. Conformed subsection 6A (identification) to Minn. Stats. 340A.503, subd. 6. (New Code ag 6-131) 11 Chapter 9. Zoning and Other Land Use Ordinances SECTION 900. BASIC ZONI2¥G ORDINANCE At the request of the city the supplemental regulations and other non-administrative provisions have been duplicated for various classes of districts. Obviously inappropriate material to specified districts have been deleted. Careful review is urged. 900.00. Title. Deleted as not needed. 900.06. Interpretation. 1. In subsection 1, deleted everything but the last two sentences as not needed or covered by the revised general provisions chapter. See attachment 2, § 1-2. 2. In subsection 2, deleted everything but the 'building' and 'lot' provisions as covered by the revised general provisions chapter. See attachment 2, § 1-2. Deleted the 'building' provision. Code § 900.08 defines building as a structure. This logically means that not all structures are buildings. Therefore to provide that the terms building includes a structure is contradictory. Added provisions for a PF Public Facilities District: (New Code:~ 30-1J563) 900.08. Definitions. (as amended Ord. No. 99-32) (:Yew Code ~ 30-571) 1. Deleted the first portion of the auto repair shop definition as garbled. 2. The definition of motor vehicle speciality service station appears to be garbled. Please advise of the correct definition. 3. In the definition of nonconforming use, inserted September 4, 1980 as the original effective date. See Code § 900.04. 4. 1-2. Confo,'med the definition of pawnbroker to Minn. Stats. § 325J.01, subd. 4. Deleted the definition of person as covered by the general provisions chapter. See attachment 2, § In the definition of sexually oriented land uses, corrected the statutory reference to be to Minn. In subsection 7 (R-2b district), deleted "PUD recommended" as meaningless. In subsection 8 (R-3 district), deleted "PUD recommended" as meaningless. In subsection 9 (R-4 district), deleted "PUD recommended" as meaningless. In subsection 10 (C-l district)., changed the word "should" to "shall" in last two sentences of the 3. 4. 5. Stats. § 617.293. 900.10. Zoning districts. 1. In subsection 1 added the C-4 Neighborhood Commercial District to the list. See Code § 900.12 (13). (New Code § 30-721) 2. Throughout this section changed zoning and building administrator to director of planning. 900.12. Permitted, accessory and conditional uses by district. 1. In subsection 5 (R-1 distri¢O added a reference to the uses mandated by Minn. Stats. § 462.357, subd. 7 as permitted uses. (New Code ~ 30-752 (b)(8)) statement of purpose. (]Vew code 6g 30-1022 (a)) 6. In subsection 14 (C)(ii)(7) (1-I district) changed Uniform Building Code to Minnesota Uniform Building Code. See Code § 1000.00. (New Code 6~ 30-1292 (d)(2)g) 7. la subsection 15 (C)(xvii)(7) (1-2 district) change Uniform Building Code to Minnesota Uniform Building Code. See Code § 1000.00. (New Code ~ 30-1293(d)(17)g) 8. In subsection 19 (,4 T District), altered so as to be requirements applicable throughout the city and not a district. All references to the AT district are deleted. (iVew Code ch. 30, art. VII, div. 5, subdiv. IV, div. 6, subd. Il~, div. 7, sttbd. II~, div. 8, subd. II~) In addition In subsection (ii) changed Uniform Building Code to Minnesota Uniform Building Code deleted the reference to the Electronics Industry Association. In subsection (iv) change National Electrical Code to Minnesota Uniform Building Code. The NEC is part of same. See Code § 1000.00. and pt. I.E. supra. 900.22. Sign regulations. (Per request, of the city, these are restated in each district). 1. In subsection 2 deleted the definitions of city and person a~ covered by the revised general provisions chapter. See attachment 2, § I-2. 2. In subsection 3 (B), added language prohibiting all oft-premises signs except billboards. (]Vew Code 6~ 30-859(3), 30-1129(3), 30-1399(3), 30-1669(3)) 2. In subsection 3(B)iii, deleted the word "traffic." Signs resembling or imitating traffic control devices are prohibited by Minn. Stats. § 169.07. 3. Revised subsection 6 A to deleted the year of the building Code. See Code § 1000.00. 4. Deleted subsection 8 as covered by the revised general provisions chapter. 900.24 (12). Required off street parking spaces. Deleted reference to mobile home parks as obsolete. 900.26. Mobile home park requirements. Delete as obsolete. Added manufactured home as a conditional use in any "zoning district that allows the construction or placement ora building used or intended to be used by two or more families." See Minn. Stats. § §§ 462.357. (]Vew Code ~6~ 30-753, 30-754, 30-755, 30-756, 30- ~ 022) 900.34. Nonconforming uses. As the provisions of Minn. Stats. § 462.357, subd. lc prohibit termination of nonconforming uses by amortization (with the exception of adults---only bookstores, audits---only theaters and similar adult---only businesses, i.e. sexually oriented land uses), deleted subsections 2(A), 2(B), 4 and 5, restrict subsection the second, third and fourth sentences of subsectio/q 1. so as to apply only tO such adult uses (sexually oriented land uses) and deleted all references in the last sentence of subsection 1 to amortization. (~ew Code b~ 30-691) 900.38. Building permits, certificates of occupancy, fees. Deleted the last sentence of subsection 2. Such sentence references repealed Minn. Stats. § 16.851. 900.40. Board of adjustment. Conformed subsection (3), to Minn. Stats. SS 462.357, subd. 6. ~ew Code 3o-633) 900.42. Conditional use permits. (as an,ended Ord. No. 00-05) Altered subsection 3 by beginning the notice requirements (i.e., the last three sentences) with "except as otherwise provided by law," thus avoiding conflict with Minn. Stats. SS 462.3595, subd. 2 and Minn. Stats. § 462.357, sub& 3. (~ew Code ~ 30-653) 13 900.44. Amendment procedures. (New Code ag 30-575) I. Conformed subsection I to IVlinn. Stats. § 462.357. subd. 2. by changing three-fourths to two- thirds. 2. In subsection 3, avoided conflict with Minn. Stats. § 462.357. subd. 3. by beginning the notice requirements with "except as otherwise provided by [aw. 900.46. Violations, enforcement anti validity. 1. Revised subsection I. to tie violations the general penalty in the revised general provisions chapter. (New Code ag 30-576) 2. In subsection 2B, deleted the language giving the city administrator a veto over the council's decision to seek equitable relief. 3. Deleted subsection 2D (last sentence excepted)~ The council cannot give a private landowner a cause of action. 4. Deleted subsection 3 (validity) as covered by the revised general provisions chapter. See attachment 2, § 1-9. ./ SECTION 902. FL OODPLAIN MANA GE34ENT ORDINANCE 902.00. Statutory authorization, findings of fact and purpose. 1. Deleted the last sentence of subsection 5 (a general repealer) as not needed. 2. Deleted subsection 7 as covered by the revised general provisions chapter. 902.16. Administration. Revised subsection 3(A) to provide that the board of adjustment is the planning commission so as to be consistent witli the zoning ordinance. (New Code § 30-]893) 902.18. Nonconforming uses. Please advise as of the date of original passage of this ordinance so that it may be inserted in this section in lieu of such language. 902.20. Penalty for violations. Revised to tie to the general penalty in the revised general provisions chapter. (New Code § 30-1873) SECTION 904. SHORELAND MANA GE3/IENT ORDINANCE 904.02. General provisions and definitions~ 1. Deleted subsection 5 (severability) as covered by the revised general provisions chapter. 2 Deleted the last sentence of subsection 6 (a general repealer) as not needed. 3. Deleted the next to last sentence of the introductory language in subsection 7 (shall/must) as covered by the revised general provisions chapter. 4. In the definition of public waters in subsection 7 corrected the state law reference to be to Minn. Stats. § 103G.005, subds. 15, 15a. (]Ve}v Code ag 30-1961) 904.10. Nonconformities. Please advise as of the date of original passage of this ordinance so that it may be inserted in this section in lieu of such language. [4 SECTION 906. WILD AND SCENIC RIVER ORDINANCE 906.02. General provisions and definitions. 1. Deleted subsection 5 (a'everability) as covered by the revised general provisions chapter. See attachment 2, § 1-9. 2 Deleted the last sentence of subsection 6 (a general repealer) as not needed. 3. Deleted the second sentence of the introductory language in subsection 7 (shall/must) as covered by the revised general provisions chapter' 4. In the definition of'noncontbrrning use in subsection 7 please advise as of the effective date of so that it may be inserted in this section in lieu of such language. N.B. other provisions (see, e.g., §§ 906.08(1), 906.10(1) refer to the date of the ordinance or the date of enactment of the ordinance. All such provisions should refer to the same date. SECTION 908. REGULATION OF ANIMALS ? 908.06. Regulations. In subsection t deleted the introductory language as covered by the zoning ordinance. 15 Chapter 10. Building and Land Development SECTION 1004. PLUMBING CODE REGULATIONS Delete as obsolete. See also Minn, Stats. 6 326.37 et seq. SECTION 1005. WA TER CONDITIONING CONTRACTORS AND INSTALLERS Deleted as obsolete. See also Minn. Stats. §6 326.60, 326.65. SECTION 1006. GAS FITTING AND INSTALLATION REGULATIONS 1006.02. License required. 1. in subsection 2, altered so a $1,000,000.00 ail-perils or umbrella insurance policy is required. (New Code ~ 30-123) 2. Revised subsection 3. to provide that the exam must fairly test the competency of the person and provide that a passing grade is 70 percent. Also added exemption from examination for persons examined in jurisdictions that honor the city's examination. (Yew Code ff 30-122) 4. Revised the first sentence of subsection 7 to provide that the license fee is as established by resolution. (New Code § 30-121) 1006.02. Permit required. Revised the first sentence of subsection 6 to provide that the permit fee is as established by resolution. (New Code ~ 30-102) SECTION 1007. HOUSING 31AINTENANCE ORDINANCE 1007.02. Definitions. (~rew Code 5~ 30-151) 1. Altered the introductory language so only other definitions that apply are zoning definitions. 2. In the introductm7 language deleted the last two sentences as covered by the revised general provisions chapter. 3. Revised the definition of board of adjustment so that the board is the planning commission. 1007.06. Permits, inspections and license. Deleted subsection I and 2 (building permit and fees) as covered by Code 6 1000.00(3). Revised subsection 4 so that a rental license is required without notice. (]Vew Code § 30-191) Revised subsection 4H so that inspection fees are as established by resolution. (New Code 1007.18. Disorderly tenants. (New Code ~ 30-156) 1. In subsection B con'ect the statutory reference to be to 6 609.321 (not § 609.70). 2. Revised subsection D to state that Minn. Stats. § 340A.401 prohibits unlicenced sale of alcohol. 3. Deleted subsection F. No such section as referenced in this subsection exists. In subsection G corrected the code reference to be to 6 404. Modified subsection K to reference code 66 501 and 502. 16 SECTION 1008. SUBDIVISION ORDINANCE 1008.00. Short title. Deleted as not needed. 1008.04. Scope and legal autho,'ity. t. Deleted the first sentence. It limits the application of this section to the city. Under Minn. Stats. § 4-62.358, sub& I a municipality may by resolution (not ordinance) extend the application of its subdivision regulations to unincorporated areas within two miles of the city. 2. Please advise of' the effective date .of this section so that it can be incorporated into the second sentence in lieu of the 'effective date' language. 3. Deleted the last sentence as covered by the revised general provisions chapter. 1008.06. Rules and definitions. 1. Deleted.subsection I as covered by the revised general provisions chapter. See attachment 2, § 1- 2. 2. In subsec;cion 2 deleted the definition of county as covered~,by the revised general provisions chapter] See attachment 2, s~ 1-2. 3. In subsection 3 deleted the definition of zoning ordinance as not needed. 1008.32. Amendments. Deleted as not needed. 1008.34. Violations and penalties. Deleted so as to tie violations to the general penalty. 17 Chapter 11. Traffic and Motor Vehicles SECTION 1100. GEIYEIL4L TRAFFIC AND MOTOR VEHICLE REGULATIONS 1100.02. Through streets; one-way streets. (New Code ag 74-32) Reworded the first sentence to state that through and one-way streets are as established by resolution. Deleted the third sentence as covered by Minn. Stats. § 169.06, subd. 4 (obedience to traffic control devices). 3. Deleted the last sentence as covered by Minn. Stats. § 169.04. 1100.04. Seasonal weight restrictions. Deleted the last sentence as covered by Minn. Stats. § 169.06, subd. 4 (obedience to traffic control devices). 1100.06. Turns. (New Code ag 74-34) resolution. 2. 3. control devices). Reworded the first sentence to state that turn restrictions a.t' specific locations are as established by Deleted the last sentence as covered by Minn. Stats. § 169.04. Deleted the third sentence as covered by Minn. Stats. § 169.06, subdl 4 (obedience to traffic 1110.08. Truck'and commercial vehicle restrictions. (New Code ag 74-36) 1. Reword to first sentence to state that 9,000 pound gross weight limitation are in effect at specific locations are as established by resolution. 2. Deleted the last sentence as covered by Minn. Stats. § 169.06, subd. 4 (obedience to traffic control devices). 1100.10. Parking regulations. 1. Revised subsection i so that the locations where angle parking is permitted are established by ordinance. Minn. Stats. § 169.35, subd. I provides that angle parking must be permitted by ordinance. 2. Revised subsection 2 so that the zones are established by resolution. (New Code ag 74-96) 3. In subsection 9 altered so the fire chief must designate fire lanes after being authorized by the council. (New Code § 74-100) 4. Revised subsection t 1 so penalty is a fine of $20.00. (New Code ag 74-91) 1100.12. Truck zones, loading zones, etc. Revised subsections 1 and 6 so that the locations of the zones are established by resolution. (lYew Code agag 74-121, 74-126) 11o0.14. Establishment of safety zones, lanes of traffic and stop intersections. I. Reword to first sentence to state that such zones are as established by resolution. (New Code § 74-33) 2. Deleted the last sentence as covered by Minn. Stats. § 169.06, sub& 4 (obedience to traffic control devices). 18 1104.06. Operating prohibitions. 1. 2. 3. SECTION 1104. SNOWMOBILES Deleted subsection 4 (dui) as covered by Minn. Stats. §§ 84.87, subd. l(e), 169.06. Deleted subsections $--7 and I las covered by Minn. Stats. § 84.87, subd. 2. Conformed subsection 8 to Minn. Stats. § 84.871, subd. I. (']Vew Code 5g 747-156) SECTION 1106. LIMITATION ON THE OPERATION OF RECREATIONAL MOTOR VEHICLES If obsolete, deleted. Subsequent recommendations for this section are predicated upon the assumption that this section is not obsolete and should be ignored if this section is deleted. See also Minn. Stats. § 84.797 et seq. 1106.00. Definitions. In the definition of'snowmobile, deleted the subdivision designation. It was incorrect. 1106.04. Signs. Deleted the remove or mutilate prohibitions as adequately covered by Minn. Stats. §§ 609.52 (theft) and 600.595 (damage to property). / 1106.06. Gates and fences. Deleted the second sentence as adequately covered by Minn. Stats. § 600.595 (damage to property). 19- Chapter 12. Streets and Sidewalks SECTION 1200. EXCA ~/A TIONS IN STREETS (as amentled Or(l. No. 00-09) 1200.01. Election to manage the public right of way. Delete as not needed. 1200.03 (3). Delay penalty. Tied fee to resolution. (Near Code § 66-62) 1200.06. Permit fee. Tied fee to resolution. (New Code § 66-59) SECTION ]202. AWNINGS 1202.02. Permit application. Tied fee to resolution. (Nen: Code ~ 66-112) 20 1300.10. Tampering prohibited. SECTION 13 02. 1302.02, par. 4. delete. Chapter 13. Utilities SECTION 1300. S,4~'¥ITAR Y SEWER; CONNECTIONS, USE AND GENERAL REGULATIONS 1300.00. Definitions. (New Code b? 78-91) 1. Revised the definition of'city so that it reads as follows: City includes the city council and its authorized representatives." The deleted provisions are not needed or are covered by the revised general provisions chapter. 2. Deleted the definitions of shall and may as covered by the revised general provisions chapter. Deleted as adequately covered by Minn. Stats. § 600.595 (damage to property). SANITARY SEWER USER RATES AND CHARGES 1302.08 the city does not submit annually to the council. A---E 1302.12. Wastewater service charges. Revised so charges are established by resolution. (New Code § 78- 190) 1302.20 Notice of rates. Deleted as obsolete. 1302.22. Penalty. Deleted so the general penalty will apply. 1302.24 Effective date of rates. Deleted as obsolete. 1302.28. Powers and authority of enforcing agents. Deleted subsection (3) so the general penalty will apply. Add language providing for a special assessment for charges incurred in identifying and correcting violations. (New Code § 78-92) SECTION 1304. CONNECTION TO I, VA TER UTILITY, FEES AND CHARGES 1304.04. Fees and charges. Deleted the reference to council. Per Minn. Stats. § 412.331, subd. 4, rate making is now vested in the utilities commission. (New Code § 78-33) 1304.06. Payment of fees and charges. Deleted the reference to council. Per Minn. Stats. § 412.33 I, subd. 4, rate making is now vested in the utilities commission. (New Code b? 78-34) 21 Deleted as not needed. SECTION 1402. Delete. as obsolete or not needed. Chapter 14. Finance SECTION 1400. GENERAL IMPR 0 VEMENT BOND REDEMPTION FUND SECTION 1406. RURAL/UR.BAN SERVICE DISTRICTS 1406.00. Amendment of benefit ratio. Deleted. The last levy affected by this provisions was the 1996 levy. ,? 22