City Council Proceedings, Part B, 4-3-06 meeting

City Council minutes continued

Resolution #06-04-03-07

ORDINANCE AMENDING SECTION 302 OF THE

NEW PRAGUE ZONING ORDINANCE #187 BY ADDING A DEFINITION FOR OUTDOOR WOOD-FIRED BOILERS AND ADDING SECTION 731 BANNING THE INSTALLATION OF OUTDOOR WOOD-FIRED BOILERS,

NEW PRAGUE, MINNESOTA

WHEREAS, The City of New Prague Planning Department is requesting an amendment to Section 302 of the New Prague Zoning Ordinance #187 by adding a definition for outdoor wood-fired boilers and adding Section 731 banning the installation of outdoor wood-fired boilers; and,

WHEREAS, the New Prague Planning Commission has completed a review of the application and made a report pertaining to said request. A copy of said report has been presented to the City Council; and,

WHEREAS, the New Prague Planning Commission on the 22nd day of March, 2006, following proper notice held a public hearing regarding the request, and following due consideration of presented testimony and information, voted 3 - 1 to forward the matter to the City Council with a recommendation for approval; and,

WHEREAS, the New Prague City Council finds:

1. The ordinance amendment complies with the purpose and intent of the New Prague Comprehensive Plan.

2. The ordinance amendment provides for the banning of the installation of Outdoor Wood-Fired Boilers which have been determined to be a threat to the public health, safety and welfare of the residents of the City because of the pollutants in the emissions from the units.

NOW, THEREFORE BE IT ORDAINED, by the City Council of New Prague, Minnesota, that the amendment to Section 302 and addition of Section 731 to the New Prague Zoning Ordinance #187 is hereby approved as follows:

Add the following definition to Section 302 of the Zoning Ordinance.

Outdoor Wood-Fired Boiler – A fuel burning device designed: (1) to burn primarily wood by hand-firing; (2) not to be located inside structures ordinarily occupied by humans; and, (3) to heat spaces or water by the distribution through pipes of a fluid heated in the device, typically water. Examples of common uses of outdoor wood-fired boilers include: residential or commercial space heating, heating of domestic hot water, and heating of water for swimming pools, hot tubs or whirlpool baths.

Add the following as a new section 731 to the Zoning Ordinance titled Outdoor Wood-Fired Boilers.

731 Outdoor Wood-Fired Boilers

Prohibition:

No person shall install or allow the installation of an Outdoor Wood-Fired Boiler as defined in this Zoning Ordinance within the New Prague City Limits.

This Zoning Ordinance Amendment shall become effective upon its publication.

Council Member Sindelar seconded said Resolution and upon roll call the following vote was recorded.

AYES NAYES

Sindelar X

Babione X

Jirik X

Kratochvil X

Wilcox X

Thereupon Mayor Sindelar declared said resolution defeated this 3rd day of April, 2006.

Craig Sindelar, Mayor

ATTEST:

Jerry Bohnsack, City Administrator

Council Member Jirik offered the following Resolution and moved for its adoption.

RESOLUTION #06-04-03-07-1

RESOLUTION REQUIRING REGULATION OF OUTDOOR WOOD-FIRED BOILERS

WHEREAS, the Planning Commission has considered the regulation of outdoor wood-fired boilers, and

WHEREAS, the Planning Commission has recommended that outdoor wood-fired boilers not be allowed in the City of New Prague.

WHEREAS, the City Council has determined that specific regulations for wood-fired boilers is a better alternative.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of New Prague that the installation of wood-fired boilers in the City of New Prague is hereby prohibited until such time that specific regulations can be formulated and adopted by the New Prague City Council.

Council Member Kratochvil seconded said Resolution and upon roll call the following vote was recorded.

AYES NAYES

Sindelar X

Babione X

Jirik X

Kratochvil X

Wilcox X

Thereupon Mayor Sindelar declared said resolution adopted this 3rd day of April, 2006.

Craig Sindelar, Mayor

ATTEST:

Jerry Bohnsack, City Administrator

Council Member Kratochvil offered the following Resolution and moved for its adoption.

RESOLUTION #06-04-03-08

AMENDING ORDINANCE #212

ORDINANCE AMENDING SECTION 611 OF THE

NEW PRAGUE ZONING ORDINANCE TO ALLOW ESSENTIAL SERVICES IN THE I-1 LIGHT INDUSTRIAL ZONING DISTRICT AS PERMITTED USES,

NEW PRAGUE, MINNESOTA

WHEREAS, The City of New Prague Planning Department is requesting an amendment to Section 611 of the New Prague Zoning Ordinance to allow essential services in the I-1 Light Industrial Zoning District as permitted uses; and,

WHEREAS, the New Prague Planning Commission has completed a review of the application and made a report pertaining to said request. A copy of said report has been presented to the City Council; and,

WHEREAS, the New Prague Planning Commission on the 22nd day of March, 2006, following proper notice held a public hearing regarding the request, and following due consideration of presented testimony and information, voted unanimously to forward the matter to the City Council with a recommendation for approval; and,

WHEREAS, the New Prague City Council finds:

1. The ordinance amendment complies with the purpose and intent of the New Prague Comprehensive Plan.

2. The ordinance amendment fixes an earlier oversight of the zoning ordinance in which the I-1 Light Industrial Zoning Ordinance was the only district in which Essential Services were not listed as a permitted use.

NOW, THEREFORE BE IT ORDAINED, by the City Council of New Prague, Minnesota, that the amendment to Section 611 of the New Prague Zoning Ordinance is hereby approved as written.

Section 611 – Light Industrial District

2. Permitted Uses

A. Manufacturing and assembly operations

B. Warehousing and storage

C. Distribution

D. Office and research facilities

E. Lumberyard

F. Car Wash

G. Billboard Signs

H. Any park or playground and associated accessory

structures owned or operated by a governmental agency

I. Essential Services

This Zoning Ordinance Amendment shall become effective upon its publication.

Council Member Wilcox seconded said Resolution and upon roll call the following vote was recorded.

AYES NAYES

Sindelar X

Babione X

Jirik X

Kratochvil X

Wilcox X

Thereupon Mayor Sindelar declared said resolution adopted this 3rd day of April, 2006.

Craig Sindelar, Mayor

ATTEST:

Jerry Bohnsack, City Administrator

Council Member Babione offered the following Resolution and moved for its adoption.

RESOLUTION #06-04-03-09

AMENDING ORDINANCE #213

ORDINANCE AMENDING SECTION 403 OF THE

NEW PRAGUE ZONING ORDINANCE FOR NONCONFORMING USES AND STRUCTURES TO ENSURE THAT THE ORDINANCE IS CONSISTENT WITH CURRENT STATE STATUTES, NEW PRAGUE, MINNESOTA

WHEREAS, The City of New Prague Planning Department is requesting an amendment to Section 403 of the New Prague Zoning Ordinance for nonconforming uses and structures to ensure that the Ordinance is consistent with current state statutes; and,

WHEREAS, the New Prague Planning Commission has completed a review of the application and made a report pertaining to said request. A copy of said report has been presented to the City Council; and,

WHEREAS, the New Prague Planning Commission on the 22nd day of March, 2006, following proper notice held a public hearing regarding the request, and following due consideration of presented testimony and information, voted 3 - 1 to forward the matter to the City Council with a recommendation for approval; and,

WHEREAS, the New Prague City Council finds:

1. The ordinance amendment complies with the purpose and intent of the New Prague Comprehensive Plan.

2. The ordinance amendment ensures that the zoning ordinance is consistent with current state statutes regarding nonconformities.

NOW, THEREFORE BE IT ORDAINED, by the City Council of New Prague, Minnesota, that the amendment to Section 403 of the New Prague Zoning Ordinance is hereby approved as written.

403 Nonconforming Uses and Structures

It is the intent of this Ordinance to permit legal nonconforming lots, structures or uses to continue until they are removed but not to encourage their survival.

It is recognized that there exists within the district established by this Ordinance and subsequent amendments, lots, structures and uses of land and structures which were lawful before this Ordinance was passed or amended, which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendments.

Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or, extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

1. Any nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land existing at the time of the adoption of this ordinance may be continued including through repair, replacement, restoration, maintenance, or improvement but not including expansion. Expansion shall be defined as any structural alteration, change or addition that is made outside of the original building or any change in the building’s occupancy capacity or parking demand except those required by law or ordinance.

2. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector.

3. When any lawful nonconforming use of any structure or land in any district is discontinued for a period of more than one (1) year or is changed to a conforming use, any future use of said structure or land shall be in conformity with the provisions of this Ordinance.

4. When any lawful nonconforming use of any structure or land in any district is damaged by wind, fire, flood, explosion, earthquake, war, riot or other similar peril to the extent of greater than fifty percent (50%) of its market value at the time of destruction and no building permit has been applied for within 180 days of the date of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The City Building Inspector shall be responsible for making the determination whether a nonconforming use of any structure or land has been destroyed greater than fifty percent (50%) of its market value at the time of destruction. In making this determination, the Building Inspector shall consider the market value of the entire nonconforming use. This determination shall be reviewed and approved by the City Council. In the event that a building permit is applied for within 180 days of the date of destruction, the City may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent properties.

5. A lawful nonconforming use of a structure or parcel of land may not be changed to a similar nonconforming use or to a more restrictive nonconforming use.

6. Alterations may be made to a building containing lawful nonconforming residential units in a non-residential district when they will improve the livability thereof, provided they will not increase the number of dwelling units or extend outside of the original building with the exception of a garage or a free standing deck in instances where none previously existed.

7. Expansion of an existing principal building found to be nonconforming only by reason of height and yard setback in which a permitted use is conducted may be allowed provided the expansion does not create a new nonconformance. Furthermore, expansions in these instances shall not be allowed to any part of the building that is within a setback that is not currently being met.

This Zoning Ordinance Amendment shall become effective upon its publication.

Council Member Wilcox seconded said Resolution and upon roll call the following vote was recorded.

AYES NAYES

Sindelar X

Babione X

Jirik X

Kratochvil X

Wilcox X

Thereupon Mayor Sindelar declared said resolution adopted this 3rd day of April, 2006.

Craig Sindelar, Mayor

ATTEST:

Jerry Bohnsack, City Administrator

Council Member Jirik offered the following Resolution and moved

for its adoption.

RESOLUTION #06-04-03-10

RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL

OBLIGATION AND GROSS REVENUE BONDS

BE IT RESOLVED by the City Council of the City of New Prague, Minnesota (the City), as follows:

Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue:

(a) its General Obligation Improvement Bonds, Series 2006A in the approximate principal amount of $2,915,000 (the 2006A Bonds), pursuant to Minnesota Statutes Chapters 429 and 475, the proceeds of which will be used to finance certain street improvement projects in the City;

(b) its General Obligation Water Revenue Bonds, Series 2006B in the approximate principal amount of $1,125,000 (the 2006B Bonds), pursuant to Minnesota Statutes Chapters 444 and 475, the proceeds of which will be used to fund the acquisition of a water tower in the City; and

(c) its Gross Revenue Golf Course Bonds, Series 2006C in the approximate principal amount of $450,000 (the 2006C Bonds), pursuant to Minnesota Statutes, Sections 471.15 through 471.191 and Chapter 475, the proceeds of which will be used to fund the construction and renovation of the club house at the City’s municipal golf course.

The 2006A Bonds, the 2006B Bonds and the 2006C Bonds are referred to herein collectively as the Bonds.

Section 2. Sale. The City intends to effectuate the sale of the Bonds to Northland Securities, Inc. when the financing plan and documents are in place and market conditions are appropriate.

Section 3. Approval. The City Council shall meet to adopt the necessary resolution approving the sale drafted by bond counsel (target date of May 1, 2006).

Council Member Kratochvil seconded said Resolution and upon roll call the following vote was recorded.

AYES NAYES

Sindelar X

Babione X

Jirik X

Kratochvil X

Wilcox X

Thereupon Mayor Sindelar declared said resolution adopted this 3rd day of April, 2006.

Craig Sindelar, Mayor

ATTEST:

Jerry Bohnsack, City Administrator

Motion Babione, Second Wilcox.

Accept resignation of police officer Tom Fadden from the New Prague Police Department. Said resignation with regrets.

Motion Babione, Second Wilcox.

Approve the following consent agenda items:

A. Approve previous meeting minutes.

B. Approve claims for payment.

C. Resolution supporting renewable energy (Region 9)

Motion carried.

Motion Jirik, Second Babione.

Authorize July 4th Fireworks Committee to hold fundraiser on Saturday, June 17, 2006 in Simons Bar parking lot from 6:00 p.m. to 9:00 p.m. Parking lot to be fenced and security arrangements to be approved by Chief of Police.

There being no further business, the meeting was adjourned.

Jerry Bohnsack

City Administrator

(Published in The New Prague Times, Thursday, April 27, 2006; No. T822-4-27)

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