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HomeMy WebLinkAbout5F 2019 10 14 - Agenda Report reorg 1 and 2 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: NOVEMBER 4, 2019 AGENDA #: 5F PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY ANN ORLOFSKY, CITY CLERK PRESENTED BY: SARAH SCHWARZHOFF AGENDA ITEM: CONSIDER ADOPTION OF TWO ORDINANCES WHICH RECODIFY THE CITY CODE AND UPDATE CHAPTERS 1 AND 2 OF THE CITY CODE AND ADOPTION OF RESOLUTIONS APPROVING SUMMARIES OF THE ORDINANCES FOR PUBLICATION GOAL AREA AND OBJECTIVE: High-Value City Services 6. Seek community engagement through a variety of communication methods to reach all residents. DISCUSSION: Background The ordinances of the City were previously codified in 1974. Over the years, as the number of ordinances increased with the growth of the City, the staff has determined that a complete and detailed recodification and update was essential in order to facilitate transparency and keep the City Code up-to-date as to the current law. With the recodification and update staff plans to accomplish the following: (1) elimination of repetition and non-essentials; (2) easy revision and ease of incorporation of new ordinances; (3) comprehensiveness; and, (4) ease of locating a subject provision. The first attached ordinance contains the proposed reorganization. The reorganization consists updating terms (eg: Part becomes Chapter) and updating titles (eg: Construction and Definitions becomes Interpretation and Definitions; Civil Defense Organization becomes Emergency Management). It also includes reorganization of Chapter 1 to create articles within the Chapters providing for better organization and ease in locating similar ordinances. The second attached ordinance contains updates to the provisions in Chapter 1 and Chapter 2. The revisions include updates to terminology and titles (eg: Part becomes Chapter; City Manager becomes City Clerk for certain provisions); fixing typographical errors; updating or removing internal references; updating for compliance with State law or other City ordinances; and updating for compliance with City practice. Per Council direction staff conducted a survey of other communities regarding Planning Commission pay. Of the approximately dozen cities surveyed – approximately half of the cities do not pay the Planning Commission; those that do pay the Planning Commission average around $20 per meeting. The one outlier was Shoreview which pays $80 per meeting. Prior Lake currently pays $100 per meeting. Based on these findings staff does not recommend adjusting Planning Commission pay. FINANCIAL IMPACT: None expected. ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt two ordinance which recodify the City Code and update Chapters 1 and 2 of the City Code and adopt resolutions approving summaries of the ordinances for publication. 2. Motion and a second to remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS 1. Ordinances 2. Summary Resolutions Page 1 of 20 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 119-09 AN ORDINANCE AMENDING CHAPTER 1 OF THE PRIOR LAKE CITY CODE RELATING TO ADMINISTRATION 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 Section 101 is amended as set forth in attached Exhibit A. Section 2. City Code Section 102 is amended by revising subsection 102.400 as follows: 102.400: SEVERABILITY CLAUSE: If any chapter, subchapter, part, section, subsection, paragraph, sentence, clause or phrase of this City Code or any part thereof or its application to any person or circumstance is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. Section 3. City Code Section 103 is amended by: renaming subsection 103.100 from “Construction” to “Interpretation”; deleting subsection 103.300 “Catchlines”; revising the “Headings” bullet under 103.100 (2) as follows: ➢ Headings. Headings and captions used in this Code other than the chapter, subchapter, part, section, and subsection numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. and revising the definition of “City Code or Code” under subsection 103.200 as follows: City Code or Code: All ordinances of a permanent and general nature of the City, as revised, codified, rearranged, renumbered, and consolidated into component codes, chapters, subchapters, parts, sections, and subsections. Section 4. City Code Section 104 is amended by revising subsection 104.400 by changing the title “Community and Economic Development Director” to “Community Development Director”. Section 5. City Code Section 105 is amended by revising subsection 105.301 as follows: Page 2 of 20 105.301 Per Meetingolicy: In addition to the salaries set forth above, the City Council deems it appropriate and prudent to remunerate the Mayor and City Council members (for purposes of the following subsections, Council member includes the Mayor) for participation in certain meetings. Such remuneration encourages members to become more informed regarding constituent issues and be better representatives of the City. revising subsection 105.303 as follows 105.303 Per Meeting Requests: A Councilmember requesting per meeting remuneration for attending a qualifying per diem meeting shall do so on forms prescribed by the Citytherefore. The request to the Finance Department shall indicate the number of meetings for which remuneration is requested, the date, time and organization conducting the meeting and the Council members' role at the meeting. and by inserting a new subsection 105.400 to read as follows: 105.400: BYLAWS: The City Council may adopt additional rules and procedures to govern its proceedings which shall be set forth in City Council Bylaws. Section 6. City Code Section 107 is amended as set forth in attached Exhibit B. Section 7. City Code Section 111 is amended by deleting each instance of the word “disposition” and replacing it with the word “disposal” and by revising subsections 111.602, 111.603 and 111.604 as follows: 1101.602 Finder: If the true owner does not claim the property within a period of three (3) months, the City may release the unclaimed property to the finder of the property if, at the time of the delivery to the City, the finder indicated in writing that the finder wished to assert a claim to the property as finder. This subdivision is not applicable if the property was found by a City employee in the ordinary course of that employee’s duties. 111.603 Sale: If the property is not disposed of as provided above in subsection 110.601 or 110.602 after a period of three (3) months, the City may dispose of the property by the Chief of Police conducting a public auction or sale or using a public auction service. The public auction or sale shall be proceeded by ten (10) days' published notice describing the property found or recovered and to be sold, and specifying the time and place of the sale. The notice must be published at least once in a legal newspaper published in the City. If a public auction service is used the notice shall be published once each calendar year. If any such property is perishable or subject to Page 3 of 20 decay by keeping, it may be sold within ten (10) days, upon five (5) days' published notice, and if any such property be in a state of decay or manifestly liable to decay, it may be summarily sold by order of the Chief of Police, after inspection, without notice. All unclaimed property sold at such auction or sale shall be sold to the highest bidder. 111.604 Disposal: All unclaimed property which is not sold when offered for sale as provided abovein subsection 110.603 shall become the property of the City and may be destroyed or disposed of as directed by the Chief of Police. All unclaimed property which may not be offered for sale or sold according to law may, after sixty (60) days, be disposed of or destroyed as directed by the Chief of Police after notice of disposal has been given in the manner provided by this Section for saleable unclaimed property. Section 8. City Code Section 112 is amended as set forth in attached Exhibit C. Section 9. City Code Section 113 is amended as set forth in attached Exhibit D. Section 10. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. Section 11. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of November, 2019. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor Page 4 of 20 Exhibit A to Ordinance No. 119-09 SECTION 101 TITLE AND APPLICATION SUBSECTIONS: 101.100: TITLE 101.200: ACCEPTANCE 101.300: AMENDMENTS 101.400: ADOPTION OF LAWS 101.500: COPIES OF CODE 101.600: FUTURE ORDINANCES 101.100: TITLE: All ordinances of a permanent and general nature of the city, as revised, codified, rearranged, renumbered, and consolidated into component codes, parts, sections, and subsections shall be known and designated as the “Prior Lake City Code”, which also may be referred to as “City Code”, “the Code” or “this Code”. Any internal reference to ordinances, codes, chapters, subchapters, parts, sections, subsections, or provisions or words of like import are presumed to be references to components of this Code unless otherwise specified. All references and citations to this Code shall be deemed to include all additions and amendments to the Code. 101.200: ACCEPTANCE: Thise City Code shall be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect, except the excluded ordinances enumerated in subsection 102.100. 101.300: AMENDMENTS: Any ordinance amending the City Code shall set forth the section or subsection numbers to be amended and shall be incorporated into the Code as of its effective date. The word "ordinance" contained in the ordinances of the City have been changed in the content of this City Code to “chapter”, “subchapter”, "part", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances. When an ordinance is integrated into the Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of terms identical to those contained in this Code, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the Code, the City Clerkcity manager, in cooperation with the city attorney, may correct obvious grammatical, punctuation and spelling errors; change reference numbers to conform with chapters, subchapters, parts, sections, and subsections; substitute figures for written words and vice versa; substitute dates for the words "the effective date of this ordinance"; and perform like actions to insure a uniform code of ordinances without, however, altering the meaning of the ordinances enacted. Page 5 of 20 101.400: ADOPTION OF LAWS: Whenever a provision in this Code adopts the provisions of state or federal law or state or federal regulations by reference it also adopts by reference any subsequent amendments of such law or regulation, except where there is a clearly stated intention to the contrary. 101.500: COPIES OF CODE: Copies of this Code are kept in the office of the City ClerkManager for public inspection and sale for a reasonable charge. 101.600: FUTURE ORDINANCES: All provisions of this ChapterPart 1 shall apply to ordinances hereafter adopted which amend or supplement this Code unless otherwise specifically provided. (Amd. Ord. 117-17, publ. 10/21/2017) (This Space Intentionally Blank For Future Amendments) Page 6 of 20 Exhibit B to Ordinance No. 119-09 SECTION 202107 PLANNING ADVISORY COMMISSION SUBSECTIONS: 202107.100: COMMISSION CREATED, COMPOSITION 202107.200: REMOVAL OF MEMBER 202107.300: MEETINGS RULES 202107.400: DUTIES OF COMMISSION 107.500: SALARIES 107.600 BYLAWS 202107.100: COMMISSION CREATED, COMPOSITION: A Planning Advisory Commission is hereby created for the City, its purpose to be of an advisory nature to the City Council and staff. Said Planning Advisory Commission shall be composed of five (5) members, appointed by the City Council. Only residents of the City shall be considered for appointment. Said members shall serve for three (3) year terms serving from November 1 to October 31. The members of said Planning Advisory Commission shall annually elect a chairperson and vice-chairperson from the appointed members of their Board. (amd. Ord. 105-23 – pub 10/22/05) 202107.200: REMOVAL OF MEMBER: Any member of the Planning Advisory Commission may be removed from office for just cause and unwritten charges by a two-thirds (2/3) vote of the entire Council, but such member shall be entitled to a public hearing before such a vote is taken. In addition, any member may be removed for nonattendance at Planning Commission meetings without action by the City Council according to rules adopted by the Planning Commission.Any member of the Planning Commission may be removed from office by a four-fifths (4/5) vote of the entire City Council for reasons including but not limited to: (i) failure to attend a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii) failure to review and understand agenda materials; (iv) failure to participate in an appropriate and productive manner; (v) failure to continue to meet any requirement set forth in Section 203; and (vi) failure to comply with any provision of these bylaws or any federal, state or local rule or regulation. 202107.300: MEETINGS RULES: The Planning Commission will meet on the second and fourth Monday of each month, or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. Page 7 of 20 202107.400: DUTIES OF COMMISSION: The duties of said Planning Commission are as follows: (1) To acquire and maintain in current form such basic information and background data that is necessary to an understanding of past trends, present conditions and forces at work to cause changes in these conditions. (2) With the advice of the City Planner, Tto prepare, draft and recommend amendments to the Comprehensive Plan for review by the City Council on the advice of the City Community Development Director. (3) To recommend policies to the City Council for guiding action affecting development. (4) To determine whether specific proposed developments conform to the principles and requirements for the Comprehensive Plan and the City Codeordinances. (5) To keep the City Council and the general public informed and advised as to all planning and development matters. (6) To review and make recommendations to the Council on planned unit development and subdivision proposals. (7) To hold public hearings for subdivisions, planned unit developments and rezoning applications and furnish the Council with information and recommendations of such hearings. (8) To prepare and submit to the City Council within sixty (60) days after the end of the calendar year a summary report of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the Council. (9) To act as the City of Prior Lake’s Board of Appeals and Adjustments including to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance and to hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities. 202.500107.500: SALARIES: 107.501 Per MeetingPer diem. The City Council deems it appropriate and prudent to remunerate the Planning Commission members for participation in certain meetings. Such remuneration encourages members to become more informed regarding constituent issues and be better representatives of the City.Planning Commissioners may be eligible for per diem remuneration. 107.502 Per Meeting RatePer diem Rate. For each eligible meeting attended, a Planning Commission memberer will receive $100 to remunerate time spent Page 8 of 20 and out-of-pocket expenses. 107.503 Per Meeting Requests: A Planning Commission member requesting per meeting remuneration for attending a qualifying meeting shall do so on forms prescribed by the City. The request to the Finance Department shall indicate the number of meetings for which remuneration is requested, the date, time and organization conducting the meeting and the Planning Commission member’s role at the meeting. 107.504 Qualifying Per Diem mMeetings. The Finance Department will approve per meetingdiem remuneration requests only for regularly planned meetings occurring on the regularly scheduled of the Planning Commission meeting night (second and fourth Monday of the month or second or fourth Tuesday in the event of a Monday holiday) whether the meeting is a regular meeting or workshop. Remuneration will also be approved for special meetings/workshops which are necessary to conduct Planning Commission business (such as specially scheduled variance hearings and joint meetings with the City Council). Remuneration will not be approved for meetings to which the Planning Commission member is invited but are not specific to conducting Planning Commission business (such as City Council meetings, SCALE meetings and advisory committee meetings). occurring on the second or fourth Tuesday as a result of a Monday holiday. In order to receive the per diem payment, the Planning Commission memberer must have attended the entire meeting. (Amd. Ord 107-06, adopted 04/02/07) 107.600: BYLAWS: The Planning Commission, subject to City Council review and approval, is authorized to adopt its own rules and procedures to govern its proceedings which shall be set forth in Planning Commission Bylaws. Page 9 of 20 Exhibit C to Ordinance No. 119-09 SECTION 1112 SPECIAL ASSESSMENTS DEFERRMENTAL SUBSECTIONS: 1112.100: PROCEDURE ESTABLISHED 1112.200: ELIGIBILITYHARDSHIP DETERMINATION 1112.300: HARDSHIP DETERMINATIONEXCEPTIONAL AND UNUSUAL CIRCUMSTANCES 1112.400: TERMINATION OF DEFERRMENTAL 1112.500: EXCEPTIONAL AND UNUSUAL CIRCUMSTANCES CONSIDERATION OF CIRCUMSTANCES NOT COVERED 1112.600: CERTIFY TAXES PAID 1112.100: PROCEDURE ESTABLISHED: The City Council may defer the payment of any special assessment on the homestead property owned by a person who qualifies under one of the hardship criteria set forth in this Sectionsubsections 111.200 and 111.300. 1112.101 The homeowner shall make application for deferred payment of special assessments on a form prescribed by the Scott County Auditor and supplemented by the Prior Lake City Manager. The application shall be made within thirty (30) days after the adoption of the assessment roll by the City Council and mustshall be renewed each year byupon the filing of a similar application no later than September 30. This Section will be effective for all assessments levied beginning in 1985. 1112.102 The City Manager shall establish a case number for each application; review the application for complete information and details and make a recommendation to the City Council to either approve or disapprove the application for deferment. The City Council, by majority vote, shall either grant or deny the deferment and if the deferment is granted, the City Council may require the payment of interest due each year. Renewal applications maywill be approved by the City Manager for those cases whereby the original conditions for qualifications remain substantially unchanged. 1112.103 If the City Council grants the deferment, the City Manager shall notify the County Auditor who shall in accordance with Minnesota Statutes, section 435.194, record a notice of the deferment with the County Recorder setting forth the amount of the deferred assessment. 112.200: ELIGIBILITY: A deferment is available for homestead property which is either (a) owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; or (b) owned by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in Minn. Stat. Sec. Page 10 of 20 190.05, subdivision 5b or 5c, as stated in the person's military orders, for whom it would be a hardship to make the payments. 1112.2300: HARDSHIP DETERMINATION: A hardship is deemed to exist if the applicant meets all of the following conditions: (1) Any applicant must be sixty five (65) years of age, or older, and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant. (21) The annual gross income of the applicant does not exceed the 50% income limits for Scott County established annually by the U.S. Department of Housing and Urban Development for the year preceding the year in which the application is made. The annual gross income of the applicant shall not be in excess of the income limits as set forth by family size for the City of Prior Lake, Attachment A to Ordinance 86-03 (adjusted annually in conjunction with the Minneapolis-St. Paul Consumer Price Index). Calculation of the total family income shall be determined by the summation of all available income sources of the applicant and spouse. Income specified in the application should be the income of the year preceding the year in which the application is made, or the average income of the three (3) years prior to the year in which the application is made, whichever is less. (32) The total special assessments to be deferred exceeds one thousand dollars ($1,000.00). (43) Interest shall be charged on any assessment deferred pursuant to this Section at a rate equal to the rate charged on other assessments for the particular public improvement project the assessment is financing. If the City Council grants an assessment deferrmental to an applicant, the interest may also be deferred, or the interest may be due and payable on a yearly basis up until the assessment period terminates and only the principal is deferred. The decision as to whether the principal and interest or just the principal is deferred shall beis decided by the City Council when considering the application. 111.300: EXCEPTIONAL AND UNUSUAL CIRCUMSTANCES: Notwithstanding the foregoing provisions of this Section, the City Council, upon recommendation by the City Manager, may consider exceptional and unusual circumstances pertaining to a physical hardship relating to an applicant not covered by the conditions in subsection 111.200. This authority is granted to the City Council pursuant to section 435.193 of the Minnesota Statutes. Any determination shall be made in a nondiscriminatory manner and shall not give the applicant an unreasonable preference or advantage over the other applicants. 111.301 For any individual who does not qualify under the conditions set forth in subsection 111.200, the following conditions may qualify an applicant for an assessment deferral. A hardship is deemed to exist if the applicant meets all of the following conditions: Page 11 of 20 (1) An applicant must be retired by reason of permanent and/or total disability and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant. (2) The annual gross income of the applicant shall not be in excess of the income limits as set forth by family size for the City of Prior Lake, Attachment A to Ordinance 86- 03 (adjusted annually in conjunction with the Minneapolis-St. Paul Consumer Price Index). Calculation of the total family income shall be determined by the summation of all available income sources of the applicant and spouse. Income specified in the application should be the income of the year preceding the year in which the application is made, or the average income of the three (3) years prior to the year in which the application is made, whichever is lesser. (3) The total special assessments to be deferred exceeds one thousand dollars ($1,000.00). Permanent and/or total disability shall be determined by using the criteria established for "permanent and total disability" for Workman's Compensation, to wit: ➢ The total and permanent loss of the sight of both eyes. ➢ The loss of both arms at the shoulder. ➢ The loss of both legs so close to the hips that no effective artificial members can be used. ➢ Complete and permanent paralysis. ➢ Total and permanent loss of mental faculties. ➢ Any other injury which totally incapacitates the owner from working at an occupation which brings him/her and income. An applicant must substantiate the retirement by reason of permanent and/or total disability by providing a sworn affidavit by a licensed medical doctor attesting that the applicant is unable to be gainfully employed because of a permanent and/or total disability. 1112.400: TERMINATION OF DEFERRMENTAL: The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any one of the following events: (1) The death of an owner when there is no spouse eligible for deferment. (2) The sale, transfer, or subdivision of all or any part of the property, if such transaction creates an increase of property value equal to or greater than the amount of the deferred amount. Any transaction that produces a lesser result shall be reviewed by Council as to its effect upon the deferred assessment as a whole. A proportionate amount of the deferred assessment may be required to become current, if such transaction occurs on a piecemeal basis, to prevent overloading of assessments on residual property. (3) Loss of homestead status on the property. Page 12 of 20 (4) Determination by the City Council for any reason that there would be no hardship to require immediate or partial payment. (5) Failure to file a renewal application within the time prescribed in this Sectionsubsection 111.100. Upon the occurrence of one of these events specified in subsection 111.400, the City Council shall terminate the deferment. Thereupon the City Manager shall notify the County Auditor and County Assessor of the termination, including the amounts accumulated on unpaid principal installments, plus any applicable interest, which shall become due and payable as a result of the termination. The City Manager may negotiate and establish a payment schedule on the principal and interest owed after the deferment terminates. 1112.500: EXCEPTIONAL AND UNUSUAL CIRCUMSTANCES:CONSIDERATION OF CIRCUMSTANCES NOT COVERED: Nothing herein shall be construed to prohibit the City Council from considering an application of hardship on the basis of exceptional and unusual circumstances which are not covered by the standards and guidelines as set forth in this Section. This consideration and determination must be made in a nondiscriminatory manner so as not to give the applicant an unreasonable preference or advantage over other applicants. 111.600: CERTIFY TAXES PAID: The City of Prior Lake requires, as part of the necessary information on an application, and as a condition of a grant of approval that an applicant for an amendment to an official control established pursuant to Minnesota Statute section 462.351 to 462.364, or for a permit or other approval required under an official control established pursuant to those sections, to certify that there are no delinquent property taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel to which the application relates. In the case of taxes, assessments, penalties and interest, the certification shall consist of a statement from the Scott County Assessor. Property taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this subdivision if all required payments due under the terms of the stipulation, order, confession of judgment, or appeal have been paid. If there are delinquent taxes, assessments, penalties, interest or utility fees due on the parcel for which an approval is being sought, the City Council shall attach as a condition to the approval being sought, a condition that said approval shall not be effective until the delinquent amounts have been paid in full. (This Space Intentionally Blank For Future Amendments.) Page 13 of 20 Exhibit D to Ordinance No. 119-09 SECTION 113201 EMERGENCY MANAGEMENTCIVIL DEFENSE ORGANIZATION SUBSECTIONS: 201113.100: PURPOSE 201113.200: DEFINITIONS 201113.300: CIVIL DEFENSEEMERGENCY MANAGEMENT AGENCY, DIRECTORMANAGER 201113.400: CIVIL DEFENSEEMERGENCY MANAGEMENT ADVISORY COMMITTEE 201113.500: POWERS AND DUTIES OF DIRECTORMANAGER 201113.600: CIVIL DEFENSEEMERGENCY MANAGEMENT WORKERS, GENERAL PROVISIONS 201113.700: EMERGENCY REGULATIONS 201113.800: CIVIL DEFENSEEMERGENCY MANAGEMENT TAX; ACCOUNT 201.900: FALLOUT SHELTERS IN PUBLIC STRUCTURES 201113.91000: CONFORMITY AND COOPERATION WITH THE FEDERAL AND STATE AUTHORITY 201113.11000: LABOR DISPUTE OR POLITICAL PARTICIPATION PROHIBITED 201113.12100: PENALTY 201113.100: PURPOSE: Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage and other hostile action;, from acute shortages of equipment or energy, incidents at nuclear power plants, or other health concerns; or from fire, flood, earthquake or other natural causes, and in order to insure that preparations of the City will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of the City, it is found and declared to be necessary: (1) To establish a local organization for emergency managementcivil defense; (2) To provide for the exercise of necessary powers during civil defense emergencies; and (3) To provide for the rendering of mutual aid between the City and the other political subdivisions of the State and of other states with respect to carrying out of emergency management civil defense functions. It is further declared to be the purpose of this Section and the policy of the City that all emergency managementcivil defense functions of the City be coordinated to the maximum extent practicable with the comparable functions of the Federal government, of the State, the County and of other state and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources and facilities, for dealing with any disaster that may occur. Page 14 of 20 201113.200: DEFINITIONS: Civil DefenseEmergency Management: The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disaster caused by enemy attack, sabotage or natural causes. These functions include, without limitation, fire-fighting services, police services, medical health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons for defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, utilization of best available fallout shelters and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out the foregoing functions. Civil Defense Emergency: An emergency declared by the Governor under State or Federal lawMinnesota Statutes, section 12.31, or an emergency proclaimed by the Mayor under Minn. Stat. Sec. 12.29 and/or Sec. 12.37subsection 201.700 of this Section. Civil DefenseEmergency Management Forces: Any personneal employed by the City and any other volunteer or paid member of the local civil defenseemergency management agency engaged in carrying on emergency managementcivil defends functions in accordance with the provisions of this Section or any related rule or order thereunder. 201113.300: CIVIL DEFENSEEMERGENCY MANAGEMENT AGENCY, MANAGERDIRECTOR: 201113.301 Agency Established: There is hereby created within the City government an Civil DefenseEmergency Management Agency, which shall be under the supervision and control of a DirectorManager of Civil DefenseEmergency Management, hereinafter called the DirectorManager. 201113.302 Civil DefenseEmergency Management DirectorManager: The DirectorManager shall be appointed by the City CouncilMayor for an indefinite term and may be removed by the City Councilhim at any time. The Director may be removed by him at any time. The DirectorManager may be compensated at a rate to be determined by the City Council, together with his necessary expenses. The DirectorManager shall have direct responsibility for the organization, administration and operation of the Civil DefenseEmergency Management Agency, subject to the direction and control of the City ManagerMayor. 201113.303 Functions of the Agency: The Civil DefenseEmergency Management Agency shall be organized into such divisions and bureaus, consistent with State and local civil defenseemergency management plans, as the DirectorManager deems necessary to provide for the efficient performance of local emergency managementcivile defense functions during an civil defense emergency. The Civil Page 15 of 20 DefenseEmergency Management Agency shall perform civil defenseemergency management functions within the CityVillage and in addition, shall conduct such functions outside the CityVillage as may be required pursuant to the provisions of the National Incident Management System, applicable State statutes, Minnesota Civil Defense Act of 1951, as amended, or this Section. 201.400: CIVIL DEFENSE ADVISORY COMMITTEE: There is hereby created within the Civil Defense Agency a Civil Defense Advisory Committee, hereinafter called the "Committee". Members of the Committee shall be appointed by the Mayor to represent City Departments and other groups concerned with civil defense. The Mayor shall be chairman and the Director and the City Council on all matters pertaining to civil defense. Each member shall serve without compensation and shall hold office at the pleasure of the Mayor. 201113.500: POWERS AND DUTIES OF DIRECTORMANAGER: 201113.501 The DirectorManager, with the consent of the Mayor, shall represent the City on any regional or State organization for civil defenseemergency management. The ManagerHe shall develop proposed mutual aid agreements with other political subdivision within or outside the State for reciprocal civil defenseemergency management aid and assistance in an civil defense emergency too great to be dealt with unassisted, and he shall present such agreements to the Council for its action,. Such arrangements shall be consistent with the National Incident Management System and State civil defenseemergency management plan and during an civil defense emergency, it shall be the duty of the Civil DefenseEmergency Management Agency and civil defenseEmergency Management fForces to render assistance in accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the Governor. 201113.502 The DirectorManager shall make such studies and surveys of the personnelmanpower, industries, resources and facilities of the City, including fallout shelters, as the Managerhe deems necessary to determine their adequacy for civil defenseemergency management, and to plan for their most efficient use in time of an civil defense emergency. 201113.503 The DirectorManager shall prepare a comprehensive general plan for the civil defenseemergency management of the City which will include a community shelter plan utilizing the established fallout shelters and shall present such plan to the City Managerouncil for its approval. When the City Managerouncil has approved the plan by resolution, it shall be the duty of all Municipal agenciesCity officials and employees and all City civil defenseEmergency Management Fforces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The DirectorManager shall coordinate the civil defenseemergency management activities of the City to the end that they shall be consistent and fully integrated with the civil defenseemergency management plans of other political subdivisions within the State. Page 16 of 20 201113.504 In accordance with the State and City civil defenseemergency management plan, the DirectorManager shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of civil defenseEmergency Management Fforces in advance of actual disaster, as may be necessary to the prompt and effective operation of the City civil defenseemergency management plan in time of an civil defense emergency. The ManagerHe may from time to time, conduct such practice air-raid alerts or other civil defense exercises as he may deem necessary. 201113.505 The DirectorManager shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable and shall, cooperate with and extend such services and facilities to otherthe local Civil Defenseemergency management aAgenciesy and to the Governor upon request. The head of each department and agency, in cooperation with and under the direction of the DirectorManager, shall be responsible for the planning and the programming of such civil defenseemergency management activities as will involve the utilization of the facilities of theis department or agency. 201113.506 The DirectorManager shall, in cooperation with existing City departments and agencies affected, organize, recruit and train fallout shelter managers, radiological monitors, police reserves, rescue personnel and any other personnel that any other personnel that may be required on a volunteer basis to carry out the civil defenseemergency management plans of the City and the State. To the extent that such emergency personnel are recruited to augment a regular City department or agency for civil defense emergencies, they shall be assigned to such department or agency for purposes of administration and command. The DirectorManager may dismiss any civil defenseemergency management volunteer at any time and require themhim to surrender any equipment and identification furnished by the City. 201113.507 Consistent with the civil defenseemergency management plan, the directorManager shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers and other facilities, or conveyances for the care of the injured or homeless persons. 201113.508 The DirectorManager shall carry out all orders, rules and regulations issued by the Governor pertaining to civil defenseemergency management. 201113.509 The DirectorManager shall direct and control the general operations of all local civil defenseEmergency Management Fforces during an civil defense emergency in conformity with controlling regulations and instructions of State civil defenseemergency management authorities. The heads of departments and agencies shall be governed by the Manager’shis orders in respect thereto. 201113.510 Consistent with the civil defenseemergency management plan, the DirectorManager shall provide and equip at some suitable place in the CityVillage an emergency operating center, and if required by the local civil defenseemergency management plan, auxiliary centers to be used during an civil defense emergency as headquarters for direction and control of civil defenseEmergency Management Fforces. The ManagerHe shall arrange for representation at the center by CityMunicipal departments and agencies, public utilities and other agencies Page 17 of 20 authorized by Federal or State authority to carry on civil defenseemergency management activities during an civil defense emergency. The ManagerHe shall arrange for the installation ofat the emergency operating center, of necessary facilities for communication with and between heads of civil defenseemergency management divisions, the stations and operating units of CityMunicipal services and other agencies concerned with civil defenseemergency management and for communication with other communities and emergency operating centers, within the surrounding area and with the Federal and State agencies concerned. 201113.511 During the first thirty (30) days of an civil defense emergency, if the State Legislature is in session or the Governor has coupled his declaration of the emergency with a call for a special session of the State Legislature, the DirectorManager may, when necessary to save life or property, require any person, except members of the Federal or State military forces and officers of the State or any other political subdivision, to perform services for civil defenseemergency management purposes as he directeds; and the Managerhe may commandeer, for the time being, any motor vehicle, tools, appliances or any other property, subject to the owner's right to just compensation as provided by law. 201113.600: CIVIL DEFENSEEMERGENCY MANAGEMENT WORKERS, GENERAL PROVISIONS: 113.601 The Manager shall have the authority to appoint, direct, manage and dismiss all Emergency Management Forces including existing City personnel and volunteers from their emergency management positions. 201.601 Oath: No person shall be employed or associated in any capacity in the Civil Defense Agency who advocates or has advocated a change by force or violence in the constitutional forms of government of the United States or in this State, or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment for information checking any subversive act against the United States. Each person who is appointed to serve in the Civil Defense Agency shall, before entering upon his duties, take an oath in writing before a person authorized to administer oaths in this State, or before any officer of the State Department of Civil Defense, or the local (or County) Director. The oath shall be substantially in the form prescribed by Minnesota Statutes, section 12.43. 201113.602 Call to Service: Civil defenseEmergency management volunteers shall be called into service only in case of an civil defense emergency or a natural disaster for which the regular CityMunicipal forces are inadequate or for necessary training and preparation for such emergencies. All volunteers shall serve without compensation. 201.603 Identification Required: Each civil defense volunteer shall be provided with such suitable insignia or other identification as may be required by the Director. Such identification shall be in a form and style approved by the Federal government. No volunteer shall exercise any authority over the person or property of others without Page 18 of 20 his identification of a volunteer or otherwise represent himself to be an authorized volunteer. 201113.6043 Firearms Prohibited: No civil defenseemergency management volunteer shall carry any firearm while on duty except on written order of the Chief of the Police Department. 201113.6054 Provisions Not Applicable: Personnel procedures of the City applicable to regular employees shall not apply to volunteer civil defenseemergency management workers, but shall apply to paid employees of the Civil DefenseEmergency Management Agency. 201113.700: EMERGENCY REGULATIONS: 201.701 When used in this Section, the term "civil defense emergency" includes, in addition to the meaning given in subsection 201.200 of this Section, disasters caused by fire, flood, windstorm or other natural causes. 201113.7021 Whenever necessary to meet an civil defense emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council, the City ManagerMayor may by proclamation promulgate regulations, consistent with applicable Federal or State law or regulations respecting: protection against attacknuclear missiles; the sounding of aattack warning; the conduct of persons and the use of property during emergencies; the repair, maintenance and safeguarding of essential public services; emergency health, fire and safety regulations, trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health and welfare in civil defense emergencies. 201113.7032 Every proclamation of emergency regulations shall be in writing, and signed by the City Manager and shallMayor; shall be dated; shall refer to the particular civil defense emergency to which it pertains. All such proclamations, if so limited; and shall be filed in the office of the City Clerk, where a copy shall be posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Clerk's office shall be conspicuously posted at the front of the City Hall or other headquarters of the City and at such other places in the affected area as the City ManagerMayor shall designate in the proclamation. The Thereupon the regulation shall take effect immediately or at such later time as may be specified in the proclamation. All such regulations may be modified or rescinded by the City Manager following the same procedure.By like proclamation the Mayor may modify or rescind any such regulation. 201113.7043 The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of thirty (30) days after its effective date or at the end of the civil defense emergency to which it relates, whichever occurs first.; Any ordinance, rule or regulation inconsistent with Page 19 of 20 an emergency regulation promulgated by the City ManagerMayor shall be suspended during the period of time and to the extent that such conflict exists. 201113.7054 During an civil defense emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the City to enter into contracts and incur obligations necessary to combat such emergencydisaster by protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of exigencies of the disaster without compliance with the time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of ordinances and resolutions, publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids, and requirements for budgets. 201.706 During a civil defense emergency the Mayor is authorized to contract on behalf of the City for services or for the purchase of merchandise or materials where the amount does not exceed one thousand dollars ($1,000.00). The Mayor may take such action without prior approval of the Council, and without compliance with regular purchasing and bidding procedures, but all claims resulting therefrom shall be audited and approved by the Council as in the case of other purchases and contracts. 201113.800: CIVIL DEFENSEEMERGENCY MANAGEMENT TAX; ACCOUNT: There is hereby established an account in the General Fund to be known as the Civil DefenseEmergency Management Account. Into this Fund shall be placed the proceeds of taxes levied for civil defenseemergency management, money transferred from other funds, gifts and other revenues of the Civil DefenseEmergency Management Agency. From it shall be made expenditures for the operation and maintenance of the Civil DefenseEmergency Management Agency and other expenditures for civil defenseemergency management. Regular accounting, disbursement, purchasing, budgeting and other financial procedures of the City shall apply to the Civil DefenseEmergency Management Fund insofar as practicable; but budgeting requirements and other financial procedures shall not apply to expenditures from the Fund in any case when their application will prevent compliance with terms and conditions of a Federal or State grant of money or property for civil defenseemergency management purposes. The Director shall, as soon as possible after the end of each year, prepare and present to the City Council for the information of the Council and the public, a comprehensive report of the activities of the Civil Defense Agency during the year. 201.900: FALLOUT SHELTERS IN PUBLIC STRUCTURES: It is the policy of the City that fallout shelters be incorporated into all public buildings of the City to the fullest extent practicable in order to provide protection against radiation in the event of nuclear attack. Page 20 of 20 The City Council shall require that all contracts for the design or construction of public buildings, including additions to or alterations of existing structures, incorporate fallout protection for at least the normal anticipated daily population of the building. The fallout shelter protection provided for shall meet or exceed minimum space and fallout protection criteria recommended by the office of civil Defense, United State Department of Defense, unless exempted from such shelter requirements as provided herein. The Council may exempt buildings or structures from the requirements of this Section where it finds that such incorporation of fallout shelters will create an additional cost in the construction of such structure in excess of five percent (5%) of the estimated cost thereof without shelter so incorporated, or if it finds that other factors make unnecessary or impracticable the incorporation of fallout shelters in such structures. 201113.10900: CONFORMITY AND COOPERATION WITH FEDERAL AND STATE AUTHORITY: Every officer and agency of the City shall cooperate with Federal and State authorities and with authorized agencies engaged in civil defenseemergency management and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this Section and of all regulations made pursuant to this Section thereunder shall be subject to all applicable and controlling provisions of Federal and State laws and of regulations and such orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflictt therewith. The City may appoint any qualified person holding a position in any agency created under Federal or State authority for civil defenseemergency management purposes as a special police officerman of the City with such police powers and duties as may be prescribed in the appointment within the City incident to the functions of thehis position, not exceeding those of a regular police officerman of the City, and may be prescribed in the appointment. Every such police officerman shall be subject to the supervision and control of the Chief of Police and such other police officers of the City as the Chief may designate. 201.1100: LABOR DISPUTE OR POLITICAL PARTICIPATION PROHIBITED: The Civil Defense Agency shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a legitimate labor dispute. 201113.12100: PENALTY: Any person who violates any provision of this Section or any regulation adopted hereunder relating to acts, omission or conduct other than official acts of City officer and employees, is guilty of a misdemeanor, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by Minnesota Statute. and upon conviction may be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days. Page 1 of 2 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-130 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 119-09 AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On __________, 2019 the City Council adopted Ordinance No. ____ amending Chapter 1 of the City Code relating to administration; and WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Chapter 1 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 119-09 is lengthy. 3. The text of summary of Ordinance No. 119-09, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after November 9, 2019. PASSED AND ADOPTED THIS 4th DAY OF November 2019 VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ _____________________________ Jason Wedel, City Manager Exhibit A Page 2 of 2 4646 Dakota Street SE Prior Lake, MN 55372 SUMMARY ORDINANCE NO. 119-09 CITY OF PRIOR LAKE ORDINANCE NO. 119-09 AN ORDINANCE AMENDING CHAPTER 1 OF THE PRIOR LAKE CITY CODE RELATING TO ADMINISTRATION AND ADOPTING BY REFERENCE CITY CODE SECTION 104 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS The following is only a summary of Ordinance No. 119-09. The full text will be available for public inspection after November 9, 2019 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Chapter 1 of the City Code relating to administration by updating references to chapters and subchapters; updating references from City Manager to City Clerk; updating employee titles; updating City Council salary language from per diem to per meeting; adding City Council bylaws language; updating Planning Commission regulations including removal, bylaws and salaries; revising terminology relating to Disposal of Property; significant updates to Special Assessment Deferment; and significant updates to Emergency Management. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of November 2019. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 9th day of November, 2019. Page 1 of 2 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 119-09 AN ORDINANCE RENAMING PARTS AS CHAPTERS AND REORGANIZING PARTS ONE AND TWO OF THE PRIOR LAKE CITY CODE RELATING TO ADMINISTRATION AND BOARDS AND COMMISSIONS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: Section 1. The City Code is amended by replacing each instance of the word “Part” with the word “Chapter” when referring to the organization of the City Code. Section 2. City Code Chapter 1 is renamed “Administration”. Section 3. City Code Chapter 2 is renamed “Fee Schedule”. Section 4. City Code Chapters 1 and 2 are amended by renaming certain Sections as follows: “Construction and Definitions” is renamed “Interpretation and Definitions” “Disposition of City Properties” is renamed “Disposal of City Property” “Special Assessments Deferral” is renamed “Special Assessment Deferment” “Civil Defense Organization” is renamed “Emergency Management” “Planning Advisory Commission” is renamed “Planning Commission” Section 5. City Code Chapter 1 is amended by deleting Section 112 “Background Checks” in its entirety. Section 6. City Code Chapters 1 and 2 are amended by renumbering certain Sections as follows: existing Section 106 “City Manager” is renumbered Section 108; existing Section 107 “City Officers” is renumbered Section 109; existing Section 108 “City Elections” is renumbered Section 106; existing Section 109 “Civil Rights” is renumbered Section 110; existing Section 110 “Disposal of City Property” is renumbered Section 111; existing Section 111 “Special Assessment Deferment” is renumbered Section 112; existing Section 113 “Fee Schedule” is renumbered Section 201; existing Section 201 “Emergency Management” is renumbered Section 113; existing Section 202 “Planning Commission” is renumbered Section 107. Page 2 of 2 Section 7. City Code Chapters 1 and 2, as the Sections are deleted, renamed and renumbered above, are reorganized as follows: CHAPTER 1: ADMINISTRATION ARTICLE 1 - GENERAL PROVISIONS SEC. 101 - OFFICIAL CITY CODE SEC. 102 - SAVING CLAUSE SEC. 103 – INTERPRETATION AND DEFINITIONS SEC. 104 - GENERAL PENALTY ARTICLE 2 – CITY COUNCIL / BOARDS AND COMMISSIONS SEC. 105 - MAYOR AND CITY COUNCIL SEC. 106 – CITY ELECTIONS SEC. 107 – PLANNING COMMISSION ARTICLE 3 – ADMINISTRATION OF CITY GOVERNMENT SEC. 108 – CITY MANAGER SEC. 109 – CITY OFFICERS SEC. 110 - CIVIL RIGHTS SEC. 111 - DISPOSAL OF PROPERTY SEC. 112 - SPECIAL ASSESSMENTS DEFERMENT SEC. 113 – EMERGENCY MANAGEMENT CHAPTER 2: FEE SCHEDULE Section 8. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of November, 2019. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor Page 1 of 2 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-130 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 119-09 AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On __________, 2019 the City Council adopted Ordinance No. ____ amending Parts 1 and 2 of the City Code relating to administration and boards and commissions; and WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Parts 1 and 2 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 119-09 is lengthy. 3. The text of summary of Ordinance No. 119-03, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after November 9, 2019. PASSED AND ADOPTED THIS 4th DAY OF November 2019 VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ _______________________ Jason Wedel, City Manager Exhibit A Page 2 of 2 4646 Dakota Street SE Prior Lake, MN 55372 SUMMARY ORDINANCE NO. 119-09 CITY OF PRIOR LAKE ORDINANCE NO. 119-09 AN ORDINANCE RENAMING PARTS AS CHAPTERS AND REORGANIZING PARTS ONE AND TWO OF THE PRIOR LAKE CITY CODE RELATING TO ADMINISTRATION AND BOARDS AND COMMISSIONS The following is only a summary of Ordinance No. 119-09. The full text will be available for public inspection after November 9, 2019 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Parts 1 and 2 of the City Code relating to administration and boards and commissions. The Ordinance renames and reorganizes Parts 1 and 2 and deletes Section 112 relating to background checks. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of November 2019. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 9th day of November 2019.