HomeMy WebLinkAbout5G Ordinance Sections 106-108 Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 19, 2018
AGENDA #: 5G
PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE PRIOR
LAKE CITY CODE:
1.) SECTION 106 CITY MANAGER,
2.) SECTION 107 CITY OFFICERS
3.) SECTION 108 CITY ELECTIONS
DISCUSSION: Introduction
Staff periodically reviews all City ordinances to determine if updates are
needed. Part 1 relating to Administration has, for the most part, not been
updated in many years. This agenda item comprises updates and
revisions to Sections 106, 107 and 108 which address the following topics:
City Manager, City Officers and City Elections. We hope to bring you
updates and revisions to the remainder of Part 1 over the next several
months. The goal is to update for consistency with state law and current
city practice and to provide clarity.
ISSUES: The attached ordinance provides language that is in line with current City
practices and consistent with statutory requirements.
FINANCIAL
IMPACT:
None.
ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt the
ordinance amendments as proposed.
2. Motion and second to remove this item from the consent agenda for
additional discussion.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENTS: Ordinance
City Code Redlines
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTIONS 106, 107 AND 108 OF THE PRIOR LAKE CITY
CODE RELATING TO THE CITY MANAGER, CITY OFFICERS AND CITY ELECTIONS
AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Subsection 106.300 is amended by changing the bond amount
required from ten thousand dollars ($10,000.00) to fifty thousand dollars
($50,000.00).
Section 2. City Code Subsection 106.400 is amended by deleting the phrase “except as
hereinafter provided,” from provision (2) and inserting the phrase “and subject
to applicable law” after the word “discretion” in provision (4).
Section 3. City Code Subsection 106.500 is amended by deleting everything after the
words “City Manager” and replacing it with the following “and pursuant to
State Statute and the City’s Purchasing Policy.”
Section 4. City Code Subsection 107.200 is amended by deleting the phrase “be
designated by the City Council from time to time” and replacing it with the
phrase “hereby be assumed by the City Manager unless the City Manager
appoints another individual to serve as City Clerk.”
Section 5. City Code Subsection 107.300 is amended by inserting the word “annual”
before the word “audit”; inserting the word “certified” before the worked
“public” and replacing the title “Public Examiner” with the title “State
Auditor.”
Section 6. City Code Subsection 107.400 is deleted in its entirety and replaced with the
following:
WORKER'S COMPENSATION COVERAGE: The City Council does hereby
authorize inclusion under the City’s worker’s compensation insurance coverage
of any regularly elected or appointed officer or official of the City within the
definition of "employee" in Minnesota Statutes 176.011, subdivision 9 provision
(6).
Page 2 of 2
Section 7. City Code Subsection 108.100 is amended by deleting the word “that”,
inserting a period and capitalizing the word “Elections” all after the words
“biennial elections” and by deleting the phrase “and each even numbered year
thereafter.”
Section 8. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 9. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this ______ day of ___________, 2018.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the _____ day of ___________, 2018.
Administrative
City of Prior Lake
106/p1
SECTION 106
CITY MANAGER
SUBSECTIONS:
106.100: OFFICE CREATED
106.200: APPOINTMENT; QUALIFICATIONS; REMOVAL
106.300: BOND REQUIRED
106.400: POWERS, DUTIES AND LIMITATIONS
106.500: PURCHASES AND ACQUISITIONS
106.100: OFFICE CREATED: The office of the City Manager is hereby created, pursuant to
Minnesota Statutes.
106.200: APPOINTMENT; QUALIFICATIONS; REMOVAL: The City Manager shall be
appointed by the City Council for an indefinite period of time on the basis of
education, training, experience and administrative qualifications. The City Manager
shall be paid for his/her services at such a salary as the Council may from time to
time determine.
The Manager may be removed by the Council at any time; provided, however, that
if the Manager has served the City for a period of at least one year, he/she may
demand written charges and a public hearing on the charges before the Council
prior to the date removal is to take effect. Pending such hearing and removal, the
Council may suspend the Manager from office.
The Council may designate some qualified person to perform the duties of the
Manager during absence or disability.
106.300: BOND REQUIRED: The City Manager shall be bonded at City expense through a
position bond which will indemnify the City in the amount of fiftyten thousand
dollars ($510,000.00).
106.400: POWERS, DUTIES AND LIMITATIONS: The City Manager shall have the following
powers and duties:
(1) Enforcement: The City Manager shall see that Statutes relating to the City and the
laws, ordinances and resolutions of the City are enforced.
(2) Appointment of Personnel upon Council Approval: The City Manager shall
appoint upon the basis of merit and fitness and any applicable civil service
provisions and except as hereinafter provided, remove the Clerk, all heads of
departments, and all subordinate officers and employees; but the appointment and
removal of the Attorney shall be subject to the approval of the Council.
(3) Control: The City Manager shall exercise control over all the departments and
Administrative
City of Prior Lake
106/p2
divisions of the administration created under the Plan B type government which has
been adopted by the City of Prior Lake and over all departments and divisions of
the administration which may be created by the Council.
(4) Attendance at Council meetings: The City Manager shall attend all meetings of
the Council with the right to take part in the discussions, but not to vote; but the
Council may at its discretion and subject to applicable law exclude the City Manager
from any meetings at which his/her removal is considered.
(5) Recommend Ordinance and Resolutions: The City Manager shall recommend to
the Council for adoption such measures as may be deemed necessary for the
welfare of the people and the efficient administration of the affairs of the City.
(6) Advise; Annual Budget: The City Manager shall keep the Council advised as to
the financial condition and needs of the City, and shall prepare and submit to the
Council the annual budget.
(7) Code of Administrative Procedure: The City Manager shall, when directed to do
so by the Council, prepare and submit to the Council for adoption, an administrative
code incorporating the details of administrative procedure, and from time to time
shall suggest amendments to such code.
(8) Additional Duties: The City Manager shall perform such other duties as may be
prescribed by the Minnesota Statutes as relating to Optional Plan B Cities, or as
required by ordinance or resolutions adopted by the City Council.
106.500: PURCHASES AND ACQUISITIONS: All purchases and acquisitions made for, or in
the name of the City, other than those made from petty cash funds shall be made
under the direction of the City Manager and pursuant to State Statute and the City’s
Purchasing Policy. unless otherwise directed by the Council. All such purchases
shall meet the conditions as set out herein, unless otherwise directed by the
Council:
(1) The head of the department or division for which the service, equipment or supplies
are ordered must recommend that the order be placed.
(2) The service, equipment or supplies must be necessary to the operation of the
department.
(3) Where equipment is ordered to replace obsolete, damaged, or worn out equipment,
the new equipment shall, as nearly as possible equal that which it replaced in
design and function.
(4) Where there is more than one feasible source of supply for an item having a cost of
five thousand dollars ($5,000.00) or more, the City Manager shall request price
quotations from at least two (2) sources and shall place the order at the lowest price
quoted, provided the items are of comparable quality, unless the City Council
otherwise directs.
Administrative
City of Prior Lake
106/p3
(5) The City Manager shall have authority to make or let purchase contracts for routine
service equipment or supplies for which the cost is less than Twenty Thousand
Dollars ($20,000). (amd. Ord. 02-10 - pub. 6/29/02; Ord. 04-21 – pub. 9/25/04)
(6) The expenditure must be within the limits established by the department budget.
(7) All claims resulting from orders placed by the City Manager shall be audited for
payment by the City Council.
(8) Where bidding is required to be used, bidding procedures shall be consistent with
Minnesota Statutes.
(9) The City Council expressly retains its power to disaffirm any order or contract
entered into by the City Manager on behalf of the City.
(Amd. Ord. 112-02, publ. 3/24/12)
(This Space Intentionally Blank
For Future Amendments)
Administrative
City of Prior Lake
107/p1
SECTION 107
CITY OFFICERS
SUBSECTIONS:
107.100: CITY FINANCE DIRECTOR
107.200: CITY CLERK
107.300: ANNUAL CITY AUDIT
107.400: WORKMAN'S COMPENSATION COVERAGE
107.100: CITY FINANCE DIRECTOR: Pursuant to the authority granted by law, the office of
the City Treasurer shall hereby be assumed by the City Finance Director.
107.200: City Clerk: Pursuant to the authority granted by law, the holder of the office of
City Clerk shall hereby be assumed by the City Manager unless the City Manager
appoints another individual to serve as City Clerkbe designated by the City Council
from time to time.
107.300: ANNUAL CITY AUDIT: There shall be an annual audit of the City's financial affairs
by a certified public accountant in accordance with minimum auditing procedures
prescribed by the State Auditor Public Examiner.
107.400: WORKERMEN'S COMPENSATION COVERAGE: The City Council of the City
does hereby authorize the inclusion under the City’s worker’s compensation
insurance coverage of any regularly elected or appointed officer or official of the
City, within the definition of "employee" in Minnesota Statutes Annotated 176.011,
subdivision 9 provision (6). Said authorization is made in regard to and pursuant to
section (5) of said subdivision.
Administrative
City of Prior Lake
107/p1
Administrative
City of Prior Lake
108/p1
SECTION 108
CITY ELECTIONS
SUBSECTIONS:
108.100: BIENNIAL ELECTIONS ADOPTED
108.200: VOTER REGISTRATION
108.100: BIENNIAL ELECTIONS ADOPTED: Pursuant to Minnesota Statute the City hereby
adopts biennial elections.; that eElections will be held on every even-numbered
year. beginning with the year 2010 and each even-numbered year thereafter.
108.101 Transition to even-year elections: Beginning in years 2007 and 2009 the term of
office for City Council members shall be three years. All subsequent even-year
elections shall be for four (4) year terms.
108.200: VOTER REGISTRATION:
108.201 Registration System Adopted: The system for the permanent registration of
voters, provided for by Minnesota Statutes, Chapter 201, is hereby adopted for the
City.
108.202 Voters Must Register: No person shall be permitted to vote at any election in the
City unless registered as provided by said Minnesota Statutes hereinabove referred
to.
(This Space Intentionally Blank
For Future Amendments)
Administrative
City of Prior Lake
108/p1
Formatted: Left