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3.7 Ordinance 2023-07 Curfew, Meters and Permits Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Planner Licht 25 September 2023 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.7 – City Code Amendments STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council adopt an ordinance amending the City Code regarding water meter fees, juvenile curfew, and building permit refunds. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: City staff has identified three issues within the City Code in need of amendment. ▪ Section 6-4-1 of the City Code establishes a juvenile curfew regulation. Sgt. Jason Oltmanns of the Wright County Sheriff’s Office raised an issue for discussion that Otsego’s curfew hours for children 16 to 18 years are different than those of Albertville and St. Michael, also enforced by the Wright County Sheriff’s Office (as well as Elk River). The WCSO recommends modifying Otsego’s juvenile curfew hours to match those of the other two adjacent cities within their jurisdiction to facilitate enforcement across city boundaries within Wright County. Otsego Under 16 Years 10:00PM-5:00AM each day 16 to 18 Years 10:00PM-5:00AM Sun-Thu 12:00AM-5:00AM Fri-Sat Albertville St. Michael Elk River Under 16 Years 10:00PM-5:00AM each day 16 to 18 Years 11:00PM-5:00AM each day Rogers (Hennepin) Under 12 Years 9:00PM to 5:00AM Sun-Thu 10:00PM to 5:00AM Fri-Sat 12 to 14 Years 10:00PM to 5:00AM Sun-Thu 11:00PM to 5:00AM Fri-Sat 15 to 18 Years 11:00PM to 5:00AM Sun-Thu 12:01AM to 5:00 AM Fri-Sat Otsego’s current juvenile curfew hours have been established to be consistent with those of Rogers as most Otsego residents within ISD 728 will attend high school in Rogers. Section 6-4-1.E of the City Code does include exceptions from the juvenile curfew hours for persons either returning home from employment or from a school, religious, or recreational activity sponsored and/or supervised by a public entity or a civic organization. The juvenile curfew hours in Rogers are established by Hennepin County and enforced County-wide. The proposed ordinance amendment of the City Code would adjust the curfew hours to be consistent with those in Albertville and St. Michael as recommended by WCSO. City staff was also contacted by a parent whose child was cited for a juvenile curfew violation, which is established as a misdemeanor by the City Code. The parent believed that the penalty was excessive and should be changed to a petty misdemeanor. Discussions with Sgt. Jason Oltmanns indicated that the County Attorney’s office in practice does not prosecute curfew violations as a misdemeanor. City staff recommends that the penalty for violation of the curfew ordinance be changed to a petty misdemeanor. ▪ Section 8-2-2 of the City Code addresses use of City provided water meters and includes pricing information. The pricing information for City water meters is also listed on the Fee Schedule in Section 3-1-2.J of the City Code. To eliminate the current discrepancy between the listed fees and provide for one listing of the meter costs within the City Code, the fee language in Section 8-2-2 of the City Code is proposed to be revised to only reference Section 3-1-2.J of the City Code and delete the separate pricing information. ▪ Section 9-1-2.B.2.b of the City Code provides for the refund of building permit fees when no work has been initiated on a project. City staff is proposing to add that no refund will be issued after 180 days, which coincides with the expiration of a building permit under which no work was undertaken. City staff is also proposing that the City would retain a $30 fee from the amount paid for administrative costs incurred to cancel the permit, prepare a refund voucher, approval and issuance of refund check, paper, envelope, postage, etc. This administrative fee is consistent with the hourly rate fee for general labor fee established by the fee schedule charged for other administrative services such as meter fee calculation and also to cover all the processing that part of meter issuance. The administrative fee for building permit refunds is to be listed in Section 3-1-2.E of the City Code so as to be easily referenced and also reviewed as part of the annual update. The proposed amendments to the City Code were discussed by the Administrative Subcommittee at their meeting on 13 September 2023. The Administrative Subcommittee recommended that the proposed ordinance amendments be placed on the consent agenda for approval by the City Council. SUPPORTING DOCUMENTS ATTACHED: • Ordinance 2023-07 • Summary of Ordinance 2023-07 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Ordinance 2023-07 amending the City Code and approve publication in summary form. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 1 ORDINANCE NO.: 2023-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 3-1-2.E of the City Code (Finances and Taxation – Schedule of Fees) is hereby amended to include the following row: Building Permit Refund Fee Section 9-1-2.B.2.b $30.00 Section 2. Section 6-4-1.C.2 of the City Code (Public Safety – Curfew Regulations; Age and Hour Restrictions) is hereby amended to read as follows: 2. Age Sixteen Or Seventeen: It is unlawful for a juvenile age sixteen (16) or seventeen (17) years to be present in any public place or establishment within the City: a. Any time between ten o'clock (10:00) P.M. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and five o'clock (5:00) A.M. of the following day. b. Any time between twelve o'clock (12:00) midnight on any Friday or Saturday and five o'clock (5:00) A.M. on the following day. Age Sixteen Or Seventeen: It is unlawful for a juvenile age sixteen (16) or seventeen (17) years to be present in any public place or establishment within the City at any time between eleven o'clock (11:00) P.M. on each day of the week and five o'clock (5:00) A.M. of the following day. Section 3. Section 6-4-1.G of the City Code (Public Safety – Curfew Regulations; Penalties) is hereby amended to read as follows: G. Penalties: 1. A violation of subsection D1 of this section willshall be prosecuted a petty offender pursuant to Minnesota Statutes section 260B.235 and will be subject to the penalties therein. 2. A violation of subsection D2 or D3 of this section isshall be a petty misdemeanor and will be subject to the penalty set forth in Minnesota Statutes section 609.03. 2 Section 4. Section 8-2-2.A.1 of the City Code (Public Ways, Property, and Utilities - Meters) is hereby amended to read as follows: 1. All water consumption shall be measured by a City provided meter. Meters shall be supplied to customers at a price determined by the City as set forth by section 3-1-2.J of this code. Section 5. Section 8-2-2.D of the City Code (Public Ways, Property, and Utilities - Meters) is hereby amended to read as follows: D. Responsibility For Meters: The property owner or builder shall pay for the initial water meter(s) installed at each property. After such initial purchase and installation of the water meter(s), the City shall maintain and repair, at its expense, any meter that has become unserviceable through ordinary wear and tear and shall replace the meter if necessary. Where repair or replacement is made necessary by act or neglect of the owner or occupant of the premises, any City expense caused thereby shall be a charge against and collected from the water consumer, and water service may be discontinued until the cause is corrected and the amount charged is paid. Ultrasonic Water Meter Assembly 5/8" $359.00/ea 1" $479.00/ea 1 ½" $768.00/ea 2" $984.00/ea Section 6. Section 9-1-2.B.2.b of the City Code (Building and Development – Permit Requirements) is hereby amended to read as follows: b. Eligibility For Refund: (1) One hundred percent (100%) of permit fees less an administrative fee specified by Section 3-1-2.E of this code may be refunded when determined by the Department of Building Safety that: (A) The request for a refund is made within one hundred (180) days from the date of payment. (AB) No work requiring a building permit has been started. (BC) A fee was erroneously paid or collected. (2) All building permit fees shall be nonrefundable once a building permit has been issued and work requiring a building permit has been started. (3) All plan review fees and permit surcharges shall be nonrefundable once an application for a building permit has been accepted by the City. 3 Section 7. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 25th day of September, 2023. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk 1 SUMMARY OF ORDINANCE NO.: 2023-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE. NOTICE IS HEREBY GIVEN that on 25 September 2023, Ordinance 2023-07 was adopted by the City Council of the City of Otsego, Minnesota. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends City Code pertaining to juvenile curfew hours and penalties, the fees charged for water meters, and eligibility for refund of building permit fees. ADOPTED by the Otsego City Council this 25th day of September, 2023. CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.