HomeMy WebLinkAbout8E - Feb 13 & 14 Workshop Follow Up Actions
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION!
ISSUES:
STAFF AGENDA REPORT~
8E: 1-3
FRANK BOYLES, CITY MANAGER
CONSIDER APPROVAL OF FOLLOW UP ACTIONS
FROM FEBRUARY 13 AND 14 WORKSHOP:
1) CITY COUNCIL BYLAWS
2) STRATEGIC PLAN
3) PURCHASING POLICY
MARCH 2, 1998
The City Council spent considerable time at the February
13 and 14 retreat discussing City issues. Agendas in the
next few Council meetings will include follow-up items
from the annual workshop.
The three items included for City Council approval are the
Bylaws, Strategic Plan and Purchasing Policy.
City Council Bvlaws:
The revisions in the attached bylaws include everything
the Council reviewed at the workshop. Additional changes
have been made to reflect the City Council's workshop
discussion and in a few cases to improve readability. The
changes made are shown by under-score or strike-through.
Stratel!'ic Plan:
The Council reviewed the Mission Statement and Vision.
Revisions were made to both documents as reflected in the
Council's discussion. Councilmembers should review the
Vision Elements and Tactical Plans to assure they are
satisfactory.
Purchasinl!' Policy:
Revisions were made to the Council-approved purchasing
policy. The changes deal with documentation of purchase
authorization, clarification of public notice period for
special assessment projects and use of "form contracts" for
construction projects and professional services. There are
no changes recommended to the "contract change" section
of the policy.
16200 Eagle Creek Ave, S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
32988E.OOC
"
1.
2.
3.
Approve the documents as recommended.
Approve the documents with modifications.
Defer action on approval of one or more
documents.
Alternative 1. Approval of the Council Bylaws.
requires a 4/5 vote. A majority vote is required
for the strategic plan and the purchasing policy.
Motion and second to effectuate the desired
action(s).
CITY OF PRIOR LAKE, MINNESOTA
MAYOR AND CITY COUNCIL
BYLAWS
Adopted on May 27, 1986
Revisions:
January, 1991
January, 1993
May, 1993
January, 1994
January, 1995
January, 1996
January, 1997
May, 1997
January, 1998
March. 1998
FRANK BOYLES
CITY MANAGER
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TABLE OF CONTENTS
SECTION I PURPOSE 3
SECTION II REGULAR, SPECIAL AND EMERGENCY MEETINGS 3
SECTION III ANNUAL MEETING 4
SECTION IV MEETING AGENDA FORMAT AND CONSENT 5
AGENDA
SECTION V QUORUM AND VOTING PROCEDURES 7
SECTION VI MINUTE PREPARATION 8
SECTION VII ROLES AT MEETING 8
SECTION VIII MOTIONS, RESOLUTIONS, ORDINANCES 10
SECTION IX PUBLIC HEARING FORMAT 12
SECTION X COMMITTEE STRUCTURE. 13
SECTION XI PROVISIONS 14
SECTION XII REIMBURSEMENT FOR EXPENSES 15
SECTION XIII CODE OF ETHICS AND CONDUCT 15
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SECTION I - PURPOSE
A. Purpose of the Prior Lake City Council Bylaws is to provide the members of the City
Council with a set of operating procedures designed to guide them during the
Council meetings, and to establish a code of ethics and conduct.
B. The Bylaws shall be considered and adopted at the Annual Meeting of the Prior
Lake City Council. The Annual Meeting is the first regular meeting in January.
Bylaws can be reviewed and amended at any meeting other than the Annual
Meeting. Any changes or amendments to the Bylaws shall follow this procedure:
1. A motion to amend a specific section, subsection, paragraph, sentence,
or line is proposed.
2. A second to the motion is required.
3. Discussion on the Bylaws amendment occurs.
4. The vote is taken. A simple majority is required to pass the Bylaws at
the annual meetine-. A SUDer maioritv is reauired at any meeting
other than the annual meeting.
SECTION II -REGULAR, SPECIAL AND EMERGENCY MEETINGS,.
AND WORK SESSIONS
A. REGULAR MEETINGS.. The Prior Lake City Council regular meeting shall be held
on the first and third Mondays of each month commencing at 7:30 p.m. All regular
meetings shall be held in the designated City Council Chambers. An open Forum
shall precede each meeting ,th::: e8~ mJotinb of thJ EOfttfl. The Forum will
commence at 7:00 p.m. and conclude at 7:25 p.m. The purpose of the Forum is to
afford the public an informal opportunity to address concerns to the Council. No
minutes will be keDt nor recordine- made of City Council forums.
When a regular meeting is projected to fall on an official holiday, the City Council
shall reschedule the meeting for the following business day.
The City Council may consult with the City Manager to determine the amount of
business pending and decide by majority vote to reschedule or cancel a meeting.
The City Manager shall post notice and publish in the paper the decision of the City
Council to reschedule or cancel the meeting pursuant to the Open Meeting Law.
A City Council member shall inform the City Manager when an absence is planned
or pending prior to the meeting. The City Manager shall inform the members of the
City Council at the meeting that the member cannot be in attendance at the
meeting.
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B. SPECIAL MEETINGS. Special Meetings may be called by any two (2) members of
the City Council. Written notice shall be given to each member of the City Council
of the time, place and purpose of the meeting. The notice shall be delivered to the
member or a responsible person at the member's residence at least three days in
advance of the meeting. (See City Code Section 1-5-2.) Notice shall be posted at City
Hall and provided to any member of the public or news media who have requested
notification in writing.
C. EMERGENCY MEETINGS. The Mayor or City Manager may call an emergency
meeting. Notice of the emergency meeting shall be given by telephone fax or written
notice to members of the City Council. Notice shall be provided to each news
medium and individual which has filed a written request for notice. Posted or
published notice of an emergency meeting shall not be required. An "emergency"
meeting is a special meeting called because of circumstances that require immediate
consideration by the City Council.
D. WORK SESSION: Prior to the first ree:ular meetine: of each month the City Council
may schedule a work session. The purpose of the work session is to afford the City .
Manae:er the opportunity to discuss policy matters in a more informal environment.
Therefore. public input will not normally be allowed unless specifically scheduled in
the ae:enda or reauested bv one or more members of the City Council. The Citv
Manae:er will establish the ae:enda for the work session which will normally be
scheduled from 5:00 p.m. to 7:00 p.m. The work session mav be cancelled at the
discretion of the City Manae:er.
E. Except as otherwise provided in the Minnesota Open Meeting Law, M.S.A., Section
471. 705, all meetings of the City Council, including ree:ular. special, emergency,
work sessions. and adjourned meetings shall be open to the public.
F. The agenda for a meeting will be prepared by the City Manager and shall be
available the Wednesday before the following Monday meeting, except in the event
of a holiday during agenda preparation week in which case the agenda will be
available on Thursday. The agenda shall include the items set forth in Section 4.A -
Order of Business.
Copies of the agenda, supporting documentation and minutes from the preVIOUS
meeting shall be made available to the public:
1. Once the materials have been delivered to the Councilmembers.
2. A copy of the agenda materials will also be available in the Council
Chambers for public inspection at the time of the meeting.
SECTION III - ANNUAL MEETING
A. The Annual Meeting shall be the first regularly scheduled meeting in January.
Regular business may be conducted during the Annual Meeting and the following
organizational business is required to be on the Annual Meeting agenda:
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1. Swear in newly elected officials, if applicable.
2. Acting Mayor.
3. Official newspaper.
4. Official bank.
5. Equalization Committee.
6. Fire Chief/Assistant
7. Auditing Firm.
8. Fiscal Consultant.
9. Civil Defense Director
10. Health Officer
11. Appointment of Council Member as Liaison to City Council
Committees
12. Approval of City Council Appointed Committee Bylaws and
Procedures.
13. City Council Bylaws Review.
14. Animal Control Officer.
15. Yearly Fee Schedule.
16. Appointments to Special Assessment Committee.
SECTION IV - MEETING AGENDA FORMAT AND CONSENT AGENDA
A. Business of the meeting will be conducted according to the agenda prepared by the City
Manager. The City Manager will prepare an agenda that follows this preeoc.B.f<Klrder:
1. Call to Order
2. Pledge of Allegiance
3. Approval of Agenda
4. Approval of Minutes
5. Consent Agenda
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6. Removed Consent Agenda Items
7. Presentations
8. Public Hearings
9. Old Business
10. New Business.
11. Other Business - Including Councilmember Reports
12. Adjournment
B. The City Council may change by motion the order an item is to be considered on the
agenda except those that are scheduled for a public hearing.
C. The City Manager shall maintains a list of items scheduled to appear on meeting
agendas.
A Councilmember may request that the City Manager place an item on the next agenda
of a regularly scheduled meeting. The member must inform the City Manager of this
request no later than 4:30 p.m. on Monday before the scheduled meeting.
If a citizen requests to appear before the City Council or requests an item to be placed
on the agenda, the City Manager may determine whether the item is appropriate to
place on the agenda or the City Council Forum.
D. Members of the City Council and staff may present items under Other Business that
will be discussed and deliberated for the first time. These items should, for the most
part, be informational. The City Council has the authority to request action or take a
formal position on the item(s); however, this shall be done on an item by item basis.
E. With the adoption of these Bylaws, a Consent Agenda is created. The purpose of the
"Consent Agenda" is to group items, of a routine and non-controversial nature for
consideration_under one motion. There will be no separate discussion of items placed
on the "Consent Agenda". If discussion of an item on the "Consent Agenda" is desired,
that item will be removed from the Consent Agenda and considered separately.
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l.Items may be removed for good cause if a Councilmember or member of the
public wish to address the Council on the subject. The City Manager shall
determine what items may be considered routine and non-controversial; and
therefore appropriate for inclusion as a Consent Agenda item. To provide the
City Manager with guidance, the following types of items tend to be routine
and non-controversial: grant deeds, grants of easements, adoption of
ordinances and resolutions previously considered by the city council,
investment report, quarterly budget report, treasurer's report, animal
6
control report, building inspection report, non-controversial license requests,
standard development contracts, calls for bid, reports of administrative
actions and proposals, leases and agreements previously approved in
principle, reports for filing set dates for public hearings, approval of payment
of contracts, approval or denial of claims, award of bids, or any other item
the City Manager considers routine and non-controversial.
F. The City Council Agenda sheet shall include the following statement: "Those items on
the Council Agenda which are considered routine and non-controversial are included as
part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the
public, specifically requests that an item on the Consent Agenda be removed and
considered separately. Items on the Consent Agenda are considered under one motion,
second, and a roll call vote. Any item removed from the "Consent Agenda" shall be
placed on the City Council Agenda as a separate category.
G. The presiding officer may call a recess at any time during the meeting. The purpose of
the recess is to provide the City Council, staff and individuals at the meeting a short'
rest period from the Council business. The recess must be called for a specific length of
time. The presiding officer may reconvene or extend the recess without regard to the
initial length of the called recess.
SECTION V - QUORUM AND VOTING PROCEDURES
A. At each meeting a majority of all the members elected (3 out of 5) shall constitute a
quorum for the transaction of business.
B. The voting options available to the City Council when a vote has been initiated are:
aye - an affirmative vote; nay - a negative vote. A Councilmember may abstain
only when they have a disqualifying conflict of interest. An abstension will be
counted as a vote with the maioritv in the instance of a tie.
When a vote is to be taken, the presiding officer shall first call for the ayes, then the
nays. The votes of each member shall be recorded in the Minutes. If a member of
the City Council is absent during a vote, the member's vote for the official Minutes
shall read as "absent".
C. Three votes shall be necessary for approval of any ordinance unless a larger number
is required by statute. A majority vote of a quorum is necessary for the approval of
all general motions and resolutions.
D. When a question is put by the presiding officer, every member present shall vote;
unless the Council, for special reason, shall excuse a member prior to the calling of
the vote or ~conf1ict of interest prohibits a member from voting. If a member
abstains from voting based upon a conflict of interest, the Councilmember must
advise the presiding officer of the nature of the conflict. Otherwise, any
Councilmember, who being present when his or her name is called fails to vote upon
any then pending proposition, shall be recorded as having voted in the positive.
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SECTION VI - MINUTE PREPARATION
A. The City Manager is responsible for the minutes of the Meeting. The meeting
proceedings will be audio and when available video tape recorded and noted by the
Executive Secretary. The minutes are the official record of the meeting. The tape
recording is intended to supplement the minutes and are not the official record.
The following two requirements for Minute preparation shall be adhered to:
1. All motions typed in capital letters.
2. List the names of the City Council after their vote on each motion.
B. The official Minutes shall be prepared and presented to the City Council at the next
regularly scheduled meeting as part of the agenda packet. The City Council shall
review them and the presiding officer shall call for any additions or corrections.
If an addition or correction is presented, the change must be specific as to place,
paragraph, and sentence, if applicable.
Approval of the minutes requires a motion, second and a majority vote of the
members present at the meeting.
C. The City Manager is responsible for the maintenance and filing of the Minutes.
1. Written minutes will be retained as a oermanent record in Dauer or
microfilm.
2. All audio and video tape proceedings, excludint; v:.:.c3.3-F..e::::.r-i.:1g6, must
be kept for ene-yee.:- ~:-::;::l the date of recor.J~::t; seven vears from the
date of recordine-..
3. :l.^2I c:aaie e.::d videoJape ~:aeee6::t;:::: ~t i::ebde public h::::::::.riF.g6
muot be kept f::;r ::::3-\'::;:1 yec.:-: fi.em-t~: date of reeordinb.
D. A verbatim transcript request of all or any part of a meeting may be requested by a
member of the general public.
A fee for the transcript shall consist of the actual costs for preparing such
transcript, e.g., hourly wage, fringe benefits, copying and mailing costs unless the
City has, for its own purposes, previously prepared a verbatim transcript.
SECTION VII - ROLES AT MEETING
A. All meetings of the City Council shall comply with the Minnesota Open Meeting law
which requires meetings (with few exceptions) of all municipal bodies to be open to the
public. The City Council of Prior Lake encourages citizen attendance. Public
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attendance at Council the meetings helps to develop a more enlightened and interested
citizenry.
Therefore, a Councilmember may recognize a member of the public for the purpose of
allowing public input or a Councilmember may ask questions of a member of the public.
B. Each individual member of the City Council may recognize a member of the public.
Members of the City Council must use judgment and discretion when recognizing
members of the public to speak during the time they have the floor. Members of the
Council may also ask questions of Staff in order to clarify their understanding of the
relevant information necessary to make an informed judgment. In preparation for
Council meetings, Councilmembers should contact the City Manager, in sufficient time
prior to the meeting, to advise the question they intend to ask in order for the City
Manager to attempt to bring the additional information to the Council meeting.
C. Members of the general public, interested parties or their authorized representatives
may address the City Council by written communications in regard to matters under
discussion. Written communications may be read aloud at the meeting at the discretion'
of the presiding officer, if so requested by the author or a member of the City Council.
In any case, the written communication shall become part of the record. The
communication(s) may be read by the presiding officer or his/her designee. If the
communication is lengthy, the presiding officer may summarize the content and advise
that the full text of the communication will be part of the record and available to the
public for review.
D. The presiding officer has the same voting powers as do the Councilmembers. The
presiding officer may vote whenever a vote is taken and helshe does not have any
extra voting powers if the vote results in a tie, except as may be authorized by state
statute.
E. The Mayor shall be the presiding officer at all meetings. If the Mayor is absent, the
Acting Mayor shall preside at the meeting. If in the event the Mayor and Acting Mayor
are absent, the City Manager shall call the meeting to order and preside until such
time the City Council elects among itself a member to preside at the meeting. The
presiding officer, at all times, shall be allowed to vote in the same manner as all other
Councilmembers.
The presiding officer has two unique powers: (1) interpreting and applying the
rules of procedure; and (2) recognizing speakers from the audience.
The presiding officer is responsible for maintaining order at the meetings.
The presiding officer shall recognize all speakers from the audience, except when a
member of the Council has the floor and they expressly recognize a member of the
audience who desires to speak on the issue under consideration.
The presiding officer has the responsibility to facilitate discussion by the City
Council. This may occur in a variety of ways, including:
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I. Interpret and apply rules of procedure.
2. Decide whether motions are properly made.
3. Decide whether motions are in order.
4. Decide whether questions of special privilege ought to be granted.
5. Decide when to recognize speakers.
6. Call for motions or recommend motions.
7. Expel disorderly persons from the meeting.
8. Enforce speaking procedures.
F. One member of the Council shall serve as Acting Mayor elected by the Council at the
Annual Meeting. The Acting Mayor shall preside at all meetings when the Mayor is
absent from the meeting assuming responsibilities as set forth above. In the absence
from the City or disability of the Mayor, the Acting Mayor may execute documents on
behalf of the City.
G. All members of the City Council may make and second motions, participate in
discussions and vote whenever a vote is taken.
H. As individuals, Councilmembers have no administrative authority. When acting as
a Council, however, the legislative body has authority over the appointed City
Manager. This authority is restricted to conducting investigations and establishing
policies for execution by the Manager.
I. The City Manager shall attend all meetings of the City Council with the right to
take part in the discussions, but not to vote. In the absence of the City Manager, the
Assistant City Manager or designated department head shall serve as the City
Manager's representative at the meeting.
J. The Department Heads may attend all meetings. The Department Heads shall
attend the meetings when directed by the City Manager.
K. A memorandum report or brief explanation of each agenda item shall be included
in the materials that accompany the agenda. The information provided by Staff
should serve to inform the City Council on the subject matter under discussion. The
information should explain in detail the Staff comments or work, or state that Staff
will present the necessary details and comments at the meeting.
SECTION VIII - MOTIONS. RESOLUTIONS. ORDINANCES,
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A. The City Council may take formal action in any of three methods - motions,
resolutions or ordinances. All motions in any form require a second unless
otherwise stated below. All votes of the City Council in any of the three methods
require a majority vote for approval unless otherwise specified below or
prescribed by statute.
B. Motions:
A motion is a matter of parliamentary procedure. Motions are a formal method of
bringing business before the Council and for stating propositions on which a
decision will have to be made. It also can be used in the form of a proposal so
that the City Council can act by resolution or by ordinance. Motions may be
used to introduce resolutions and ordinances, to amend them, and to take any
other actions concerning them. Motions may also be used for action on simple
administrative acts, such as approving the monthly department reports.
Every motion shall be stated in full and be reasonably understood, to the extent
practical, before it is submitted to a vote by the presiding officer.
All motions of the City Council are adopted if they receive a majority of the votes
cast (unless otherwise stated below) by the members present. To illustrate, if
two members of the Council vote in favor of a motion, one votes against it, and
two abstain from voting, the motion is considered passed.
C. Resolutions:Resolutions are normally used to reflect the City Council position on
items of business that do not require or warrant an ordinance. Resolutions may
be enacted on a motion which has been duly seconded, and are adopted if they
receive a majority of the votes cast of the members present.
The City Manager will maintain a record of all resolutions and will be
responsible for the proper numbering and execution of each resolution adopted
by the City Council.
D. Ordinances: An ordinance, which has the force of law, shall be used when the City
Council action regulates or governs people or property. All police regulations for
public health, morals, economic well-being, welfare and safety must be passed in
ordinance form.
Ordinances may also be used to provide permanent rules for the organization and
operation of the City Council.
Ordinances may be enacted upon a motion and a second and must receive at
least three favorable votes to be passed, unless a larger vote by law or these Bylaws,
State Statute, or City Ordinance.
An ordinance shall become effective upon passage and publication unless otherwise
specified in the ordinance. Consistent with State Statute the Council may authorize
publication of a summary of the ordinance rather than its full text. The Council, by
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motion, must approve and authorize the proposed summary. Proof of publication
shall be attached to and filed with every ordinance.
All ordinances shall be reviewed by the City Attorney prior to presentation to the
Council. The ordinance format includes: title; number; enacting clause; the contents
or body; the penalty; the closing; the attestation, publication date and the effective
date.
The City Manager will maintain a record of all ordinances and will be
responsible for the Prior Lake City Code and codification requirements. The
Council may authorize the City Manager to contract for codification services.
E. These Bylaws shall govern the procedures of the Prior Lake City Council
immediately upon adoption. If an issue is raised or point is made which is not
covered in the Bylaws, the procedures to respond to the issue or point shall be
governed by Robert's Rules of Order Revised. Failure to comply with these Bylaws
or Robert's Rules of Order shall not invalidate Council action unless at the time the
action is taken or promptly thereafter a member of the Council objects to the
method of procedure and point out to the Council the particular rule which it is
claimed was not observed.
SECTION IX - PUBLIC HEARING FORMAT
A. Public Hearings shall be conducted in the following manner:
1. The presiding officer calls the Public Hearing to order and declares
the time of opening. It is the intent of the City Council to open all
public hearings at the predetermined and published time. From a
practical standpoint not all hearings can be opened at their designated
time. The presiding officer may delay the start of a hearing until
the business at hand is acted upon, in any manner, by the City
Council. However in no circumstances can a hearing be opened prior to
the predetermined and published time.
2. The presiding officer shall read from the hearing notice the details on
the hearing sufficient to provide the public a general understanding of
the purpose of the hearing.
3. The presiding officer announces the type of input to be received by the
citizens - informal or formal including time limits, if any.
4. Staff makes a presentation or report on the subject matter for the
hearing.
5. If applicable, the developer or consulting engineer makes a presentation
or report on the subject matter.
6. The presiding officer asks for citizen input, comments and questions.
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7. The City Council addresses the subject matter through deliberation,
questions to citizens and Staff, and reactions and statement of position
on the subject.
8. The presiding officer requests a motion to close the public hearing and
states the time the hearing is closed.
9. The City Council may reserve the right to reopen a public hearing or
receive additional information.
10. The City Council may take action on the subject matter.
B. If the City Council decides to continue the hearing, the presiding officer, in
consultation with the City Manager and City Council, shall select and announce a
time and date for further deliberation and action.
No additional publication or notice requirements are needed if a hearing is
continued to a later date.
SECTION X - COMMITTEE STRUCTURE
A. The existing Committees of the City Council and their regulatory provisions are
as follows:
1. Planning Advisory Commission: City Code 2-3-1 to 2-3-4.
2. Park Advisory Committee: City Council adopted Bylaws.
3. Lake Advisory Committee: City Council adopted Bylaws.
The Planning Commission has been established by statutory authority and the
structural composition and Commission rules are set forth in the City Code.
Annually the City Council shall appoint a City Councilmember to be a liaison to a
City board or commissions. No Councilmember shall serve as a liaison to the same
Board or Commission for more than one vear. The City Council shall prepare
suggested bylaws for each Committee. At its first meeting of each year, the
committee shall adopt the sue:e:ested bylaws or recommend changes to the City
Council. The City Council must approve any requested or recommended change.
Amendments to a committee's bylaws may be proposed to the Council at any time
subsequent to their annual adoption. The City Council on its own initiative may
adopt changes to a Committee's bylaws.
B. Vacancies in the City Council's Committees shall be filled in the following manner:
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1. Notice of vacancy is made public and interested individuals may
be contacted and encouraged to consider the position.
2. The City Manager, Mayor and one City Councilmember who is the
liaison to the committee. together with the Committee Chair (unless
the aooointment is the committee chair aooointment or
reaooointment) shall interview all candidates and make a
recommendation to the full City Council. No oerson will sit on anv
committee chare-ed with the selection of the successor for that oerson.
3. The Councilmember who is liaison to the bodv shall present the
recommendation to the City Council and the Council may accept or
reject the recommendation. If they reject the recommendation, they
shall appoint someone else or decide to reopen the vacancy to the
public for new individuals.
C. The City Council may establish advisory Committees from time to time to study,
research, analyze and make recommendations on a particular issue or subject
matter. The Committees shall be established through one of four means: provision
in the Bylaws, motion, resolution or ordinance.
The Committees shall consist of as many members and perform such duties as
the City Council may require. Committees may only exercise those duties assigned
to them by the City Council (conduct investigations, make reports on facts,
interview individuals). The Committees may not make decisions delegated to the
City Council by statutory authority.
D. The Council may meet with each committee/commission annually in a
workshop to discuss goals and objectives, mutual concerns or questions and
other business as appropriate.
E. The Council may from time to time establish special Council committees. By
dividing their membership into several committees, a Council enables its members
to devote time to a specific issue. The Council appoints special committees to deal
with a single transaction or project. For example, the Council might appoint a
special committee to study the advisability of purchasing land for a new park. The
work of a special Council committee should be limited to special policy problems or
to certain public relations functions that are not the responsibility of
administrative personnel. Committees may exercise all duties which the Council
has legally assigned to them. They can make recommendations to the Council, but
not make decisions on behalf of the council. Committees are subject to the same
rules as the full Council under the Open Meeting Law. The Council's final
decision, not the committee's recommendation, binds the City.
SECTION XI - PROVISIONS
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C'~
A. Such other rules that the City Council deems appropriate may be enacted. All
matters of procedure not specified herein shall be governed by the City Code, State
Statutes, or Federal Laws, whichever is applicable to the procedure in question.
B. The rules herein may be suspended upon a 4/5 (80%) vote of the members for a
specific meeting only.
SECTION XII - REIMBURSEMENT FOR EXPENSES
A. Effectivs 1;.ps:: c.doption, The following regulations will govern all travel,
mileage and meal reimbursement expenses in the conduct of official Council
business:
1. Reimbursement for meals and parking are intended to refund
actual costs incurred. A receipt is required for reimbursement for
each. No alcoholic related beverage is eligible for reimbursement.
2. Reimbursement for travel, other than mileage are intended to
refund actual costs incurred. A receipt is required for
reimbursements for airfare, lodging and any applicable registration
fee. Reimbursements for taxis must be itemized as "from" and "to"
when possible.
3. Mileage reimbursements must be accompanied by an itemized
listing of the date, and the purpose for the trip. Mileage rate will
be consistent with the rate offered to City employees which is
established according to the Federal Standards.
4. Payment for any eligible reimbursable expenses shall be made
after approval by the City Council of the invoices which contains the
expenses itemized within.
Councilmembers attending seminars or conferences at City expense
are expected to provide the Council with a summary of the meeting.
SECTION XIII - CODE OF ETHICS AND CONDUCT
A. Declaration of Policy: The proper operation of democratic government requires
that the public has confidence in the integrity of its government. In recognition
of this goal, there is hereby established a Code of Ethics and Conduct for public
officials. The purpose of this Code is to establish ethical standards of conduct for
all such officials by setting forth those acts or actions that are incompatible with
the best interests of the City, and by directing disclosure by such officials of
private, financial or other interest in matters affecting the City. The provisions
and purpose of this Code and such rules and regulations as may be established
are hereby declared to be in the best interests of the City.
BY974ED2.DOC
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15
B. Ethics in Government: Minnesota Statutes, Chapter lOA, Ethics in
Government, is incorporated herein by reference. This policy shall be construed
and interpreted in consultation with the City Attorney according to Minnesota
Statutes and case law.
C. Personal Conflicts of Public Officials: Any public official who has a potential
conflict of interest, shall publicly disclose the conflict before taking part in any
action, discussion or vote pertaining to the matter. This provision shall not be
interpreted to permit any act otherwise prohibited by law.
D. Gifts and Favors: No public official shall accept any valuable gift, favor or thing
of value, regardless of amount whether in the form of money, service, loan, thing
or promise from any person which to the official's knowledge is concerned,
directly or indirectly in any manner whatsoever in business dealings with the
City.
E. Use of Equipment and Facilities; No public official shall request or permit the
unauthorized use of City-owned vehicles, equipment, materials, property, labor
or services for personal convenience or profit.
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16
APPENDIX A - Tvnes of Motions:
The following motions will be available for use by the members:
1. Main Motion - An act to bring substantive proposals before the City
Council for consideration and action. Mter the motion is stated and
seconded, the subject of the motion may be deliberated and voted upon.
Deliberation may take place by the Mayor, Council, Staff or the general
public as long as the procedures for citizen input are followed pursuant to
Section 7.B of these Bylaws.
2. Amend Main Motion - A main motion that is being deliberated and has
not been voted upon may be changed or modified by a motion, a second,
deliberation and a subsequent vote. The only motion that may be amended
is the main motion.
3. .Postoone Definitelv Motion- A motion to put off consideration or
discontinue discussion of any motion on the floor and that which
established a definite time for the motion to be reconsidered. A motion to
postpone definitely requires a second, deliberation and a subsequent vote.
4. Vote Immediatelv Motion (Previous Questions) - A motion to prevent or
stop deliberation on a pending motion and to bring the pending motion to an
immediate vote. A motion to the "Previous Question" requires a second
and a two-thirds majority vote to pass, however, no discussion is allowed
on the motion. Two votes are required when a Previous Question motion is
seconded. The first vote is to close the debate (requires two thirds
majority vote) and, if that passes, the second vote is then on the original
motion being deliberated prior to the Previous Question being called. If
the close the debate motion fails, then deliberation on the original motion
continues.
5. Substitute Motion: This is a motion which replaces the motion being
considered with another motion on the same subject. A motion to
substitute may be made for either a main motion or an amendment to a
main motion. A substitute motion requires a motion and second. The
Council then votes on the substitute motion and if that passes, the
original motion dies. If the substitute motion fails, the deliberation on the
original motion continues.
6. Withdraw a Motion: Any member of the City Council who has made an
allowable motion has the authority to remove the motion from
consideration by the total body. If a member desires to remove a motion
that has been seconded, but not yet voted upon, the member who has
seconded the motion must consent to the request of the member to remove
the motion from consideration. If the motion has not been seconded, the
member may remove the motion from consideration by hislher own request.
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7. Division of Motion - A motion that is composed of two or more independent
sections or ideas may be deliberated, considered and voted on separately.
Each section or idea that is to be voted on separately must be acted upon
through a separate motion, second, discussion and subsequent vote.
Any member of the City Council may request a motion to be divided into
two or more individual motions.
The presiding officer may rule on the eligibility of a motion which has been
requested to be divided into two or more individual motions.
8. Privilee-ed Motion: These motions do not relate to pending business, but
have to do with special matters of immediate and overriding importance,
which without any debate, shall be allowed to interrupt the consideration
of anything else. These motions can be made at any time, even if
another motion is being considered at the time, and they must be settled
or voted upon immediately. Motions to adjourn the meeting or take a
recess cannot interrupt a speaker, while a motion on a question of privilege
or point of vote can interrupt a speaker.
Privilel!ed motions include:
a) Point of Order- Whenever a member thinks that the rules of the
City Council are being violated, helshe can make a Point of Order.
Whenever a question of the order is called, the presiding officer
shall make a ruling on whether the City Council rules have been
violated. If a Point of Order is to be raised, it must be raised
promptly at the time the violation occurs. This procedure does not
require a second, is not debatable and can be used to interrupt a
speaker.
b) Anneal Decision of Chair: The presiding officer will be called on
to rule on questions of City Council procedure as set forth in these
Bylaws. The decisions of the presiding officer may be appealed by
the City Council. A statement of appeal constitutes a motion which,
in turn, requires a second and the opportunity for discussion.
c) Motion to Reconsider: A motion to reconsider any action taken by
the Council may be made at the meeting at which such action was
taken. Such motion must be made by one of the prevailing side, but
may be seconded by any member and may be made at any time and
have precedence over all other motions or while a member has the
floor; it shall be debatable. A motion for reconsideration requires only
a majority vote regardless of the vote necessary to adopt the motion
reconsidered. Nothing herein shall be construed to prevent any
member of the Council from making or remaking the same or any
other motion at a subsequent meeting of the Council.
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18
LIST OF BYLAW HOLDERS
Mayor and all Councilmembers...................................................................................... 5
Planning Commission Members..................................................................................... 5
City Manager................................................................................................................... 1
Assistant City Manager.................................................................................................. 1
All Department Heads ................................................................................................... 6
City Attorney................................................................................................................... 1
Executive Secretary........................................................................................................ 1
Council Chambers Copy........................... ................................ ................. ................. ..... 1
BY974ED2.DOC
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19
PRIOR LAKE STRAT~GIC PLAN
C)~ PR~
~~~
.cvN"ES
MISSION STATEMENT
Adopted February 3, 1997
Approved March. 1998
"The City of Prior Lake is committed to serving the common good
of its residents by promoting community values, environmentally
sensitive community development, robust business growth,
financial stability, public safety, and diverse recreational
.. "
opportunItles.
1:\COUNC'IL \GEN ERA L\M ISSION, DOC
PRIOR LAKE STRATEGIC PLAN
THE VISION
Adopted February 5, 1996
Aooroved March. 1998
At buildout the City of Prior Lake will be balanced between residential, commercial and
business. strong neighborhoods and homeowner associations will characterize most
developments, neighborhoods will be connected by transportation amenities for
pedestrians and/or motor vehicles. Platting will be encouraged through larger Planned
Unit Developments to preserve natural features. While single family dwellings will be the
predominant housing type, townhomes (for empty nesters) and multifamily developments
on major arterials are expected. Annexation will be evaluated and a determination mad~
rel!ardinl! land areas to incoroorate within the city.
Neighborhood commercial centers will predominate, although a few community centers
will exist. Commercial development will be localized primarily to major arterial
intersections involving State Highway 13, County Road 42, County Road 44, County
Road 21, County Road 12, County Road 82 and 83. One regional center is expected at the
intersection of County Road 42 and 83.
With resoect to business, :::-L:~h:- ~'2.siness w:~~ ~ai*eEk;::::{:::::~.,. the focus will be on
diversity including office, light industrial and light manufacturing. E::L.:l~{ Office,
warehouse and industrial developments are expected along CR 21. One or more corporate
office parks are expected. Business concentrations are expected along State Highway 13,
CR 21 and CR17 and CR 42.
Prior Lake is proud to be the home of the Shakopee Mdewakanton Dakota Community,
its tourist attractions and international network of businesses. The City seeks to work
cooperatively with the Dakota Community government toward mutually beneficial
objectives. The City emphasizes its historical roots as a small town resort area with a
downtown, and incorporates these historic facts in its development plans. Positive family,
individual and community values will be reinforced.
Service as provided by the community will be characterized by quality. An emphasis will
be placed on maintenance and replacement of infrastructure with the diversified tax base
to support needed government services.
A twofold recreational system will be available. One is characterized as the recreation
industry created by the Mdewakanton Dakota Community. The second will consist of
Prior Lake, Spring Lake and numerous natural areas dedicated to the public to preserve
their natural features. These major areas will be augmented by community parks, play
I:\COUNCIL\GENERAL\STRA TEG.DOC
fields, neighborhood parks and trails. These facilities will be programmed for recreation
directed toward all ages and interests.
The city will plan for an facilitate remodeling of areas requiring redevelopment along a
consistent theme as appropriate. Prior Lake's economy is not subject to downturns caused
by excessive reliance on one industry or another.
I:\COUNCIL\GENERAL\STRA TEG.DOC
.. ,~,
PRIOR LAKE STRATEGIC PLAN
VISION ELEMENTS
Adopted February 5, 1996
Approved March, 1998
1. TransDortation
a) Work to achieve quick and convenient access between Prior Lake and the
metropolitan area, airport, and out state Minnesota in a manner which is
coordinated with mass transit needs, e.g., construction ofCSAH 21 to the
east and to the north.
b) Maintain a transportation system which assures high volume roadways
throughout the community and provides access to residential
neighborhoods through local road systems.
c) Maintain optimum road conditions through regularized sealcoating,
sweeping, striping, reconstruction and upgrade.
d) Integrate planning and construction of road, trail and sidewalk systems.
2. Commercial/Industrial
a) Reserve sufficient development acreage on major arterial roadways for
neighborhood, community and regional centers based upon periodic
market analysis.
b) Seek commercial industrial development which meets resident needs,
provides living wage employment opportunities, meets city aesthetic
standards, is consistent with mass transit objectives, and has a positive
impact upon the city's tax base.
c) Install arrival monuments and directional signs at the major highways for
community identity and so that amenities can be easily located.
3. Housing
a) In accordance with Metropolitan Council mandates, pursue the principles
and goals of the city's Liveable Community Program.
b) Provide zoning requirements which require complementary uses in
adjacent zones.
I:\COUNCIL\GENERAL\STRA TEG.DOC
c) Promote the platting of large planned unit developments to preserve
natural features and park land.
4. RedeveloDment
a) Promote the redevelopment of existing commercial areas including
Gateway, Downtown and Priordale which are consistent thematically, are
of top construction quality, meet long term market needs and are mutually
supportive.
b) Identify in advance the need for redevelopment of existing residential
and/or commercial/industrial structures and prepare a long range plan for
such action.
5. Public Services
a) Effectively deliver basic public services which preserve and protect the
community and its residents.
b) Explore techniques which assure cost effective, quality public services.
c) Systematically solicit public feed back on services through community
survey.
6. Social Structure and LeadershiD.
a) Cooperate with local organizations to conduct City wide annual events.
b) Identify and implement a plan for maintaining ongoing communication
between the community and the city organization.
c) Communicate the comprehensive plan components and its regular update
to the residents so that it will remain a living document and will receive
regular review update and publicity.
d) Elicit a means of involving neighborhoods in city affairs.
e) Foster intergovernmental cooperation.
7. Financial
a) Complete five year capital improvement programs intended to match
construction and reconstruction needs with available revenues.
I:\COUNCIL\GENERAL\STRA TEG.DOC
b) Provide the necessary financial resources for paying for city wide
infrastructure.
c) Evaluate the impact of government actions on revenue sources and
property tax levies to balance development speed and affordability.
8. Tourist /Recreation Industrv and Dakota Community
a) Engage in joint efforts with Dakota Community and Tourist industry in
adjacent cities as appropriate.
b) Communicate the Comprehensive Plan to Dakota Community to identify
opportunities for collaboration.
c) Focus on government to government relationship between Shakopee
Mdewakanton Community and City of Prior Lake.
9. Community Recreation
a) Establish and implement construction and maintenance standards for
neighborhood parks, community parks and playfields.
b) Plan and construct a trail system which connects residential
neighborhoods, businesses and promotes pedestrian and non-motorized
vehicle safety near high volume roadways.
c) Complete park construction and maintenance in a timely fashion.
d) Park and Recreation efforts are consistent with city comprehensive
planning, recreation industry objectives, and community needs.
10. Police
a) Promote proactive (i.e., community policing concepts) rather than reactive
police services through regular preparation of a five year police strategic
plan.
b) Regularly assess the effectiveness of community policing efforts such as
Neighborhood Watch, DARE, School Liaison, and Dakota Community
Liaison.
c) Plan for new building needs and financing.
I:\COUNCIL\GENERAL\STRA TEG.DOC
11. Fire
a) Promote prevention through prep lanning, community right-to-know,
education, fire inspection and fire code enforcement.
b) Evaluate the appropriateness of constructing a satellite fire station.
c) Maintain strong volunteer fire department through ongoing recruitment,
training, equipment, acquisition and management.
d) Evaluate the cost/safety benefit of installing Opticon type control devices
on traffic signals at key intersections.
e) Identify the number, type and acquisition schedule for mobile equipment
needed to cost-effectively meet long range city fire fighting needs.
I:\COUNCIL\GENERAL\STRA TEG.DOC
THREE YEAR
TACTICAL ACTION PLANS
January, 1996
Approved March, 1998
TRANSPORTATION
Countv Road 21
The connection of County Road 21 to 35W on the east is underway. Because the connection of County
Road 21 to the north shows in the County's 2010 Transportation Plan there is a high likelihood that it too
will be completed. As such, County Road 21 will become the major artery through the community. Prior
Lake must respond to this by analyzing which steps will take advantage of the additional traffic from a
business perspective.
· Protect/convert adjacent areas which may be negatively influenced by extreme traffic.
· Provide safe but limited access to this roadway for neighborhoods.
· Minimize public safety enforcement burdens.
· Motivate the use of other routes for undesirable traffic,
· Minimize congestion and encourage public transit and related amenities.
· Preserve this road as a major police/fire connection between north and south Prior Lake.
· Designate this road as a major artery appropriately in the Comprehensive Plan.
State Hirzhwav 13
The 150 feet of right-of way is believed to be available for State Highway 13 from south to north Prior
Lake. There is a likelihood that the road will not be built to four lane in the next 10 years because of
environmental impact, neighborhood unrest and Metropolitan Council concerns. The function of this
right-of-way will be to carry traffic from developing areas south of Prior Lake to Highway 101 or any of
the major east-west roadways including 101, 42, 21, 16, 12 and 494. The City should promote:
· Conduct meetings to receive input on Task Force recommendations.
· Restricted speed on this roadway.
· Timely safety improvements and channelization.
· Sidewalks and trails which tie north to south and east to west.
· Public transit and amenities.
· Appropriate signalization.
Countv Road 42
County Road 42 is the major Prior Lake east/west connector. Moreover, it connects Prior Lake to the
urbanizing east and to the rural west. The County has programmed improvements to County Road 42 to
four lane in two segments:
Ferndale to County Road 21 in 1998.
County Road 21 to County Road 83 in 1999.
A:\STRA TEG.DOC
The initial road section will be four lane rural.
Prior Lake should:
. Encourage continued and timely road improvements.
. Promote restricted but adequate and safe access to the roadways from neighborhoods via
collector streets.
. Focus on the intersections of County Road 83 and County Road 42, County road 21 and
County Road 42 as areas for business opportunities and as primary points of entry requiring
special demarcation, safety and access focus.
. Encourage/promote conversion of the road from rural to urban parkway consistent with that
which has already been built.
. Lighting may be considered along the length of this roadway.
. An integrated access will be needed for its major intersections.
Collector Streets and Neip-hborhood Systems
An emphasis must be placed on assuring that appropriate tributaries exist where the neighborhood street
system feeds collector streets which in turn feed arterials. In concept at least, access to property should '
be provided by at least two routes wherever possible. Public street standards should be required for all
streets from a long term maintenance perspective and to assure street longevity.
Commercial
County Road 42 appears to be the major focus, especially the intersections of County Road 83 and
County Road 21. Hospitality users may relate well to these two intersections; particularly at County
Road 83 and County Road 42. The downtown area should be considered as primarily a service center.
Priordale area may redevelop as community commercial.
Concentration must focus upon:
1. Market Saturation. Assure to the extent possible that land earmarked for commercial, office
and industrial is defensible from a market perspective. When considering the issue of market
saturation consider the Dakota Community, the adjacent communities, other regional centers
and their experience, as well as a population migration trend.
2. Official controls will have to be amended once the Comprehensive Plan is adopted so it can
be implemented.
3. The City must demonstrate commitment and dedication to its visions through each
development petition and construction project. Otherwise the objectives will not be achieved.
4. The City will have to exercise patience in recognizing that if it says no to a potential
development that there will be a delay in the ultimate construction in the community. The
pay-off will be that the final product will be consistent with the vision that the Council has
articulated.
5. Address annexation issues.
6. Identify those areas/uses requiring City assistance and direction for development, as well as
the tools which should be used for implementation. Project consolidation and tax increment
financing should continue to be used as two potential tools.
7. Arrange to meet and discuss development issues with other communities who have already
experienced the challenges facing Prior Lake.
A:\STRA TEG.DOC
-IT
Housin~
Current development patters are exemplified by the Wilds, Raspberry Ridge, Cardinal Ridge, and Knob
Hill. They are likely to continue. A focus is needed on:
1. Refinement of zoning and subdivision codes to provide effective implementation tools and
easy to administer controls.
2. A housing maintenance ordinance should be considered which will preserve our housing
stock as it ages over the years.
3. Nuisance complaint enforcement should be undertaken so that public health problems can
be mitigated, and to encourage the maintenance of our neighborhoods. Low to
moderate income opportunities should be identified consistent with encouraging ongoing
facility maintenance and minimizing service demand impact upon the City.
4. Townhomes and condominiums should be examined for an anticipated
increase in the empty nester market. Accordingly, both should be included in the
Comprehensive Plan and Zoning Ordinance.
5. Retain and to the extent possible strengthen the identity of our existing neighborhoods.
6. Promote planned unit developments. Especially large ones which encourage the
consolidation of large tracts of land and yield developments which respect and
preserve the existing physiography, and provide for multiple uses from business to service
housing.
7. Determine the desired mix of single family to multi-family recognizing that this
determination will influence the ultimate service levels which the City will have to deliver.
Public Services
To assure adequate public services the following steps should be taken:
Fire Deoartment
1. Investigate obtaining a parcel for development of the second fire station on the
northwest portion of the community.
2. The City needs to examine the impact in personnel, equipment and structures which the
services delivered or not delivered by the fire department will have.
3. The City should anticipate the need for fire inspection especially if it diversifies its tax
base to include business and industry.
4. Equipment replacement and new equipment acquisition must continue to receive
high priority.
5. Review the City's/Dakota agreement to provide for preventive measures with
instructions such as built in sprinkling systems, etc.
6. City ordinances should be reviewed which encourage preventive actions with respect to
apartment structures such as the prohibition ofBBQ's on decks, etc.
7. Ordinances should be developed which discourage false alarms.
Parks Deoartment
1. Develop a complete park and trail plan which identifies the system to be constructed.
A:\STRA TEG.DOC
2. Identify funding sources which will provide the financing for property acquisition
and park improvements.
3. Acquire more cost effective equipment for maintaining City parks and trails.
4. Develop a park redevelopment timeline.
5. Reduce liability exposure through regularized inspection and correction program
for existing and proposed park equipment.
6. Maintain what we have to preserve its useful life and ,minimize hazards to users.
7. Acquire land needed for future community parks.
8. Complete Lakefront Park Master Plan and arrange funding source.
Police
1. Address space needs based upon safety, data privacy, general hygiene and
effective departmental operation.
2. Continue a strong commitment to prevention; that is D.A.R.E., School Liaison
Officer, Cops Fast, etc.
3. Identify those services which are lowest priority and those which are high priority
so there is an understanding of the type and level of service to be delivered. Ask Council
to periodically prioritize.
Public Works
1. Use community survey to assess community position on water treatment plant.
2. Evaluate the necessity of wells and add them before rather than after they are needed.
3. Determine the miles of streets to conduct annual overlay and associated costs which is
affordable to the community.
4. Evaluate the benefit of contractual snow plowing (all or some).
5. Consider rental of specialized equipment for infrastructural
improvements/maintenance rather than purchase.
6. Examine the shortage of personnel and/or the most effective means of accomplishing
public works responsibilities.
Finance
1. Evaluate and implement a computer system which meets the unique needs of finance
and the individual City Departments.
2. Review personnel resources within the Finance Department in consideration of the
work that needs to take place.
Building
1. Address cramped quarters and its impact on work output.
2. Recognize that the department will be asked to provide more assistance regardless
of housing valuation. For example for finishing basements, adding decks, etc.
3. Respond to our litigious society by assuring that all codes are followed.
4. Team with the Fire Department to investigate fire inspection program.
5. Expect increases in personnel due to the number of permits being requested.
6. Recognize that it is essential that computerization be implemented to facilitate service
delivery and filing at the earliest possible opportunity.
A:\STRA TEG.DOC
Planninl!
1. Space needs must be addressed in the short-run.
2. An Associate Planner will be needed within one year, a Zoning Administrator will
be needed within five years.
3. Have mapping completed by GIS in conjunction with the County.
4. Implement a DOS based computer network which will enhance word processing
capabilities.
5. Update a Comprehensive Plan, a Zoning Ordinance and a Subdivision Code and
improve their administration.
6. Regularize and document the application process and DRC operation for
predictability and timeliness for the customer, and completeness of review.
Administration
1. Implement a DOS computer network to optimize the City's personnel investment.
2. Redefine positions based upon the life cycle of the City. That is to say' inspections
focus may change from new development to redevelopment and maintenance over time.
3. Examine which services get prioritized, which are delivered by the City and who
pays.
4. Focus on providing buildings that are needed for an effective municipal operation
as soon as they can be afforded.
5. Deal with a unionized work environment and how to most cost effectively
respond.
6. Examine privatization and out-sourcing to complement City staff.
7. Attempt to take a long view of revenues and assemble to the extent possible those
which are anticipated to be needed.
8. Consider a Management Information Services Director, Human Resources
Director, Safety Director, and Economic Development Director as the need for these
important services increase.
9. Work to retain valued employees.
Social Structure and Leadershin
Leadership required a goal toward which energies are directed. The visions which have been
discussed provide such a goal. An equally important consideration is the receipt of feedback
from the electorate. Focus in this vision includes:
1. Regularized resident surveying to obtain a barometer of City effectiveness so we
can redefine our tactical steps or visions to implement community priorities.
2. The Council needs to provide for effective objective identification and delegation
of responsibilities to City Commissions and Committees.
3. The mission statement requires redefinition and refinement.
4. The City needs to recognize and reinforce the contributions of neighborhoods,
individuals and civic organizations as the backbone of the community.
5.The City should focus on a few specific overriding goals and see to their
implementation, rather than becoming scattered on a wide variety of issues.
A:\STRA TEG.DOC
6. The Capital Improvement Program and budgets should reinforce the mission
identified herein.
7.A strategy should be established for incorporating community leadership in
annual City goal setting.
8. This document should be annually reviewed and publicized together with annual
goals and objectives, the budget and capital improvement programs.
A:\SlRA TEG.DOC
w~
~NE~
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Department Heads & Supervisors
Finance Department
City Purchasing Policy
Revised3/aJ98
PURCHASE POLICY GUIDELINES
Minnesota Statutes 471.345 and Prior Lake City Code 1-6-5 set forth the laws regulating
purchasing in Minnesota Municipalities. Attached is an information document from the League
of Minnesota Cities regarding competitive bidding and statutory references. These guidelines are
intended to clarify and expand upon these legal requirements.
There are nine basic thresholds of dollar amounts that have been established either by policy,
city code or statutory authority for the purpose of purchasing city goods and services. They are
identified as follows:
Blanket Purchases
Purchases of $50.00 or less may be made at the following vendors who have been issued a year-
long blanket purchase order whereby the purchase may be simply approved without a purchase
order. The receipt should be signed by the individual so that the when the invoice is received it
may be directed to the appropriate department for account code assignment.
The vendors with 1998 Blanket Purchase Orders are:
Bob's Personal Coffee
Bryan Rock
BT Office Products
C.H. Carpenter Lumber
Carlson Hardware
Coast to Coast Stores
County Market
Feed Rite Controls
Holiday Station Stores
Kraemer & Sons
Monnens Supply
Mueller & Sons
NAPA Parts Dept.
Prior Lake Aggregates
Prior Lake Carquest
Prior Lake Rental
Prior Prints
R&R Carpet Service
Shiely Comp~ny
Snyder Drug
Steve Tupy's Tire
Toll Company
Tri-County Beverage
Vem's Candy
Purchases Between $1000 - $5000
Expenditures within this category should be generally preceded by a minimum of two quotes.
These may be obtained verbally from vendors and should be observed as a department practice
versus absolute requirement. The purpose is to obtain the best price available subject to
established quality standards. The purchase order process is the same with the additional
requirement that a completed quote form (see attached) is to accompany the purchase order form.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Purchases Under $2500
Purchases approved within the current year's operating budget shall be authorized by the
Department Head via a purchase order. The required procedure is to complete a purchase order
prior to acquisition to insure accountability, provide amount verification and avoid any
misunderstanding with respect to cost between the vendor and the City.
Normally all purchase orders are to be completed before a requisition number is provided unless
reason can be demonstrated otherwise. The process involves the following chronological steps:
1. Complete the Purchase Order as to vendor, date, material description, unit price, total
department and account code.
2. Department Head authorizes by signature and sends to Accounting.
3. Purchase Order number assigned by Accounting Department.
4. Purchase order sent by originating department.
Field employees will be expected to plan and coordinate their acquisitions with their respective
supervisors and department heads to eliminate verbal P.O. numbers unless situations occur
where it would not be practical because of time constraints. There are four general exceptions to
the rule:
1. Routine items costing $50 or less that occur on a daily basis may continue to be
purchased under a blanket purchase order.
2. Service repairs on equipment and vehicles do not generally require a purchase order
unless price quotations are necessary.
3. Sand, rock, bituminous etc., because of quantity uncertainties, may be purchased
under a blanket purchase order number.
4. If an emergency situation should occur, acquisition may be followed up by a purchase
order.
When a verbal purchase order number is used, the following information is absolutely necessary:
1. Receipt/invoice of purchase.
2. Receipt/invoice must indicate description of purchase (parts # is not acceptable).
3. Receipt/invoice must indicate dollar amount.
4. Receipt/invoice must be signed.
5. Receipt/invoice must display Purchase Order number.
6. Salesman ~hall not be given verbal P.O. number.
7. All verbal purchase orders will be in completed form within one week or issuance.
,Purchases $2500 and Ahove
City purchases approved within the current year's operating budget shall be authorized by the
Department Head via a purchase order. In addition, all such expenditures of $2500 or greater
must also be approved by the City Manager in the form of his signature upon the purchase order.
The required procedure is to complete a purchase order prior to acquisition to insure
accountability, provide amount verification and avoid any misunderstanding with respect to cost
between the vendor and the City.
H:\GENERALIPURCHASE.DOC
2
2/19/98
All purchase orders are to be completed before a requisition number is provided unless reason
can be demonstrated otherwise. The process involves the following chronological steps:
1. Complete the Purchase Order as to vendor, date, material description, unit price, total
department and account code.
2. Department Head authorizes by signature and sends to Accounting.
3. City Manager approval by signature on purchase order.
4. Purchase Order number assigned by Accounting Department.
5. Purchase Order sent by originating department.
Purchases Between $5.000 and $15.000
When there is more than one feasible source of supply for an item having a cost of five thousand
dollars ($5,000) or more, the City Manager [Department Head] shall request written 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. The quotes shall be submitted in written format or
completed on quote forms (attached) provided by the Finance Department.
Purchases of $15.000 or Less
The City Manager shall have the authority to make or let purchase contracts for routine service
equipment or supplies for which the cost does not exceed fifteen thousand dollars ($15,000). Prior
Lake Code 1-6-5 (E).
Purchases Between $15.000 - $25.000
Purchase contracts in excess of $15,000 must be approved by the City Council. .The authorizinl!
resolution shall be attached to the signed purchase order. If the amount of the contract does not
exceed $25,000 then the contract may be made by obtaining two or more quotations or by direct
negotiations subject to Council approval.
Purchases Above $25.000
If the amount of the contract is estimated to exceed $25,000, and funds are appropriated within
the current operating budget, sealed bids shall be solicited by public notice at least 10 days
before scheduled bid opening following preparation of bid specifications as authorized by the
City Council. The successful bid is to be awarded by the City Council to the lowest responsible
bidder. (Minnesota Statutes 471.345)
The basic process for competitive bidding is outlined below:
1. Prepare specifications for the product or services desired, including description of
selective criteria, if applicable.
2. Prepare a public notice for Prior Lake American.
3. Publish 10 days in advance of bid opening.
4. Analyze bids for conformance with specifications.
5. Prepare bid tabulation.
6. Determine ifbid represents lowest responsible bidder.
7. Prepare a report for the City Council agenda and resolution recommending award of
bid.
8. Execute contract with Mayor and City Manager signatures.
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The City Manager, City Attorney and Finance Director are authorized to select the method for
bidding of purchases over $25,000 so long as the method meets statutory requirements and
results in the best value.
Purchases Exceedin~ $100.000
The process is the same as above except the publication must be at least 21 days before bids are
publicly opened for improvement nroiects that are assess~ un.der Mjnn~sota Statute Cha!lter
429. Also the advertisement must be published at least once in the official newspaper and at least
once in the Construction Bulletin.
.contract Chan~
A contract approved by the City Council for construction/professional services may only be
modified by a change order authorized in advance by the City Council. If additional work
becomes necessary due to special circumstances or conditions arise that could not be anticipated
it is important that both Staff and the City Council be kept appraised by the contractor/vendor of
the situation or request ~ any additional work is actually performed. In circumstances where
the public safety or health are in jeopardy, the Staff may approve work in advance of City
Council approval subject to approval by the City Manager of such work and notification to the
City Council that the work is being conducted under this emergency provision and the reason for
expediting the project. If the service contract is under the bid threshold of $25,000, then the
accompanying purchase order must be amended and countersigned by the City Manager.
.Contract Documents
Construction Pro;ects,. A standard contraC}t (s~~ attached contract form:LshalI be used for all city
nublic improvement nroiects. The City Attornev will ins~~he_Jl:ppropriate information and wit!
review the n~~~"~::Jrv ~upporting contract documents as to form and comnliance. The following
documents are typically required as part of the contract process:
1, Reauest for Pronosal.s
2. Specifications
3. PlaI1s and drawin~
4. Bid bond
5. Performance bond
6. Payment bond
7. Insurance provisions;
a) Workers' compensation
b) Liability
c) Owners' protective
frgfessional Services A standard contract (see attached contract form) shall be used for
professional services i.e.~~itectura1. enllineerin~. construction ~.ID1a~ement etc. The City
Attornev will insert th~ ::ippropriate information and will review the necessary sunnortin~
contract documents as to form and comnliance..
,Exce!ltions to Com!letitive Bidding
The following are some of the more common exceptions to the competitive bidding
requirements:
1. Contracts less than $25,000.00
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2/19/98
2. Intergovernmental contracts
3. Noncompetitive supplies and equipment
4. Real estate purchases
5. Professional services including;
a) Architectural
b) Auditing
c) Engineering
d) Legal
e) Group insurance
Procedures for Verifying Recei!lt of Goods or Services for Paymen~
Each Department Head will review and approve all invoices pertaining to their department
purchases.
Upon completion of a purchase order, a purchase order number will be assigned from the
Finance Department. The white copy of the purchase order should be forwarded to the Vendor
and the yellow copy of the purchase order retained by the department for validation with the
invoice.
The Vendor should be instructed to send the invoice to the appropriate Department Personnel
(either Department Head for Supervisor). Make sure the Vendor is instructed to reference the
Purchase Order Number on the invoice. The Department Head or Supervisor acknowledges the
product or service received by initialing the invoice received from the Vendor. Attach the yellow
copy of the purchase order to the back of the invoice and submit it to the Finance Department for
payment processing.
Statements from Carquest, NAP A, Amoco Oil, Subway, County Market, i.e. on blanket purchase
orders will be reviewed by the Finance Department. Please turn in all invoices IMMEDIATELY
upon receipt.
1) Enter the Vendor's name, address, contact person, and phone number.
2) Enter the date the order was placed with the Vendor.
3) Enter the ship to address if different than 16200 Eagle Creek Avenue SE.
4) Enter the quantity of the item ordered.
5) Enter the description of the item ordered.
6) Enter the unit price of the item ordered.
7) Enter the total cost ofthe line item ordered (quantity times unit price).
8) Enter the words Sales Tax and the dollar amount for sales tax in the Total column.
Tax is calculated: total dollars times 6.5% (exclude freight and labor charges).
9) Enter shipping and handling charges if applicable.
10) Enter the grand total of all the charges in the Total column.
11) Enter the person's name ordering the product or service.
12) Enter the department accounting number and the accounting object code.
13) The Department Head's signature is required.
14) The City Manager's signature is required if the order is $2,500.00 or above.
15) If the check is to be returned to the person ordering the product or service, enter
"Return check to " and circle the return instructions.
16) If the item ordered is $500.00 or over and is an equipment asset, write the word "ASSET" here.
After the invoice is received, an asset number will be assigned to the item and an
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asset sticker with the number will be returned to be affIXed to the asset.
17) Request a purchase order number from the Finance Department before placing the
order with the Vendor.
18) If a line item is backordered, enter BfO next to the line item on the white and yellow copy of the
purchase order. Submit the yellow copy of the purchase order with the invoice to the Finance
Department for payment. Copy the white purchase order on yellow paper and hold the
paperwork for the backordered item to be shipped. When the backordered item is shipped,
attached the invoice with the backordered item to the yellow copied purchase order and submit
the paperwork to the Finance Department for processing the payment.
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...-."
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@002
CITY OF PRIOR LAKE
CONTRACT BETWEEN CITY AND CONTRACTOR
FOR
This Agreement made this day of , 1998, by and between the CITY
OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter the "City") and
, (hereinafter the "Contractor").
Purpose: The City Council has determined that:
{INSERT FINDINGS OF PURPOSE OF THE CONTRACT AND SCOPE OF CONTRACT}
THE CITY AND CONTRACTOR, FOR THE CONSIDERATION STATED BELOW, AGREE As
FOLLOWS:
1. The Contractor agrees to perform and complete all the provisions of the specifications andlor
plans indicated below in Paragraph 2, as approved by the City for {INSERT GENERAL
PURPOSE OF CONTRACT} at the following location:
{INSERT LOCATION}
2. Contract and Contract Documents. The following documents attached hereto shall be referred
to as the "Contract Documents", all of which shall be taken together as a whole as the contract
between the parties as if they were set out verbatim and in full herein:
a. The City's Request For Proposals dated December 3, 1997;
b. Specifications;
c, Plans and Drawings submitted by Contractor and on file in the office of the City
Manager of the City of Prior Lake;
d. Performance Bond and Payment Bond;
e. Insurance Certificate(s); and
f. This document.
3. The Proiect ("Work"l. The Contractor shall perform all of the Work required by the Contract
Documents for the sum of and 1100 Dollars
($ ).
4. Time of Commencement and Substantial Completion. The Work to be performed under this
Contract shall be commenced immediately after execution of this Agreement. The Wark shall
be substantially completed by _ . 1998.
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141 003
.
A. StartiOlZ the Work.
(1) The Contractor shall commence the Work in such a manner and at such a time as to
expeditiously interface with the Work of other contractors, and shall pursue the Work
diligently to completion.
(2) The execution of this Agreement by both parties constirotes a Notice to Proceed with the
Work, unless the City issues a separate Notice to Proceed designating a different starting
time. The Contractor shall promptly provide timely perfvuuance according to the
immediate progress requirements of the Work.
(3) The Contractor shall commence the Work prior to the ex.ecution of this Agreement if a
Letter of Intent containing a Notice to Proceed is issued by the City.
(4) Upon receipt of a Notice to Proceed, the Contractor shall pursue and complete the Work
without voluntary intenuption for any reason, as long as the Work can be perfonned.
The Contractor agrees that it shall continue the Work at all times the Work can be
performed, at a pace consistent with good industry practice regardless of pending or
current disputes in connection with the Contract Documents. '
B. :rim~Jv Performance. It is the City's intent to complete the Project as soon as possible, and in
this pursuit, the City will coordinate the scheduling function. The Contractor agrees to
cooperate in scheduling and performing the Work to achieve completion of the Project as soon
as possible.
5. Contract SUll!. The City shall pay the Contractor in current funds for the performance of the
Work, subject to additions and deductions by Change Orders as provided in the Contract
Document. The City shall pay Contractor % of the contract amount as a down payment
at the time this Agreement is executed.
6. EilYJJ Pavment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be paid by the City to the Contractor when the Work has been completed, the Contract fully
performed I and the City accepts the Work. The acceptance of fmal payment shall constitute a
waiver of all claims by the Contractor except those previously made in writing and identified
by the Contractor as unsettled at the time of Application for Final Payment.
7. Perform.n.nce and Pavment Bonds,. If this is a project for the doing of public work, the
Contractor shall post a Perfonnance and a Payment Bond each in an amount equal to one
hundred percent (100 %) of the payments due Contractor to insure the prompt and faithful
performance of this Contract by Contractor and to insure prompt payment to the subcontractors
and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor
shall provide the Bond to the City before conunencing work and within ten (10) days after
execution of this Contract. If the Performance and/or Payment Bond are not submitted as
provided herein, this Contract shall be considered void.
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I4i 004
8. Insurance and Indemn(fication,.
A. The Contractor shall purchase and maintain insurance to protect itself from claims under the
Worker's Compensation Act.
B. The Contractor shall purchase and maintain insurance to protect itself from claims for damages
because of bodily injury including personal injury, sickness or disease, or death of any of its
employees or any person other than its employees; and from claims for damages because of
injury to or destruction of tangible property including loss of use resulting therefrom and from
claims arising out of the performance of this Contract by the Contractor. The base limits of this
policy shall be $1,000,000.00 combined single limit.
C. Before the City executes this Contract, the Contractor shall provide the City with evidence of
insurance in a form of a Certificate from the insurer naming all policies. The City shall be an
additional named insured on the Contractor's insurance policy. The insurance policies shall
contain a provision that they may not be cancelled unless prior written notice thereof is given
to the City not less than ten (10) business days prior to the cancellation date,
D. The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in cOIUlection with the Work. The City shall not be responsible for
or have control of safety precautions and programs in connection with the Work.
E. Contractor provides the fmancial protection of the required insurance to benefit both City and
Contractor. Providing and paying for the insurance is part of the consideration which Contractor
offers City. The City does not represent or warrant that the types of limits of insurance
specified in this Article adequately protect Contractor's interest or sufficiently cover Contractor's
liability.
F. The Contractor shall defend, hold harmless and indemnify the City. its officers, agents, and
employees from and against any and all claims, demands, actions or causes of action (including
court costs and reasonable attorneys' fees) of whatever nature of character arising from the
Contractor's perfonnance of the Work herein.
9. WaTTantv. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Contract Documents and shall
be free from defects in materials, workmanship, and operation which appear within a period of
one year, or within such longer period as may be prescribed by law or in the terms of the
Contract Documents, from the date of City's acceptance of the Work. The City's rights under
the Contractor's warranty are not the City's exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship, or operation of the system within the
specified period, upon notice from the City, the Contractor agrees, within fourteen (14) calendar
days after receiving written notice and without expense to the City, to repair, replace and in
general to perfonn all necessary corrective Work with regard to the defective or nonconforming
Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY
MANNER UMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO
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~005
THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor
agrees to perform the Work in a manner and at a time so as to minimize any damages sustained
by the City and so as to not interfere with or in any way disrupt the operation so the City or the
public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing
the defective or nonconforming Work and materials llU.I.il the site, (b) the cost of correcting all
Work of other Contractors destroyed or damaged by defective or nonconforming Work and
materials including the cost of removal of such damaged Work and materials from the site, and
(c) the cost of correcting all damages to Work of other Contractors caused by the removal of
the defective or nonconfonning Work or materials.
10. BiJ!hts and Remedies. The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City or the Contractor shall constitute a waiver of any right
or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
11. Notice. Required notices to the Contractor shall be in writing, and shall be either hand delivered
to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the
following address:
{INSERT ADDRESS}
Notices to the City shall be in writing and shall be either hand delivered to the City Manager
or mailed to the City by certified mail in care of the City Manager at the following address:
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Mhmesota 55372.
12. Condition and InsDection. All goods and other materials furnished under this Contract shall be
new and in current manufacture, unless otherwise specified, and all goods and work shall be of
good quality, free from faults and defects and in conformance with the Contract Documents.
All goods and work not conforming to these requirements shall be considered defective.
Goods shall be subject to inspection by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor's expense.
13. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform to the Contract Documents whether observed before or after
Substantial Completion of the Project and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work.
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141 006
If, within one (1) year after the Date of Substantial Completion of the Project or designated
portion thereof or within one (1) year after acceptance by the City of designated equipment, or
within such longer period of time as may be prescribed by law or by the terms of any applicable
special warranty required by the Contract Documents, any of the Work is found to be defective
or not in accordance with the Contract Documents, the Contractor shall correct it promptly after
receipt of a written notice from the City to do so unless the City has previously given the
Contractor a written acceptance of such condition. This obligation shall survive both final
payment for the Work or designated portion thereof and tennination of the Contract. The City
shall give such notice promptly after discovery of the condition.
14. Citv'.~ Ri(!ht to Carn Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract Documents or fails to perfonn any provision of the
Contract, the City may, after seven (7) days written notice to the Contractor and without
prejudice to any other remedy the City may have, make good such deficiencies. In such case
an appropriate Change Order shall be issued deducting from the payment then or thereafter due
the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due
the Contract are not sufficient to cover such amount, the Contractor shall pay the difference to
the City. .
15, ChanE!e Orders. The Contract Sum may be changed only by written Change Order approved
by the City Council.
OPTION:
This section of the contract is subject to change based upon the results of the
council workshop.
"The Contract Sum may be changed by writren Change Order approved by the City
Council. In circumstances where the public safery or health are in jeopardyl said change
order may be approved by the City Manager if such Change Orders do not exceed an
aggregate of % ( 10%, 15%, 20%) of the Contract Sum, not to exceed Twenty-Five
Thouso:n.d Dollars ($25,000.00).
The cost or credit to the City resulting from a Change Order shall be detennined in one of the
following manners: (1) By mutual acceptance of a lump sum; or (2) by unit prices stated in the
Contract Documents as subsequently agreed upon.
16. Unauthorized Work. Additional Work performed without authorization of a Change Order will
not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time.
17. Termination. If the Contractor persistently or repeatedly refuses or fails, except in cases for
which extension of time is provided, to supply enough properly skilled. workers or proper
materials, or fails to made prompt payment to subcontractors or for materials or labor or
persistently disregards laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract
Documents, and fails within seven (7) days after receipt of written notice to commence and
continue correction of such default, neglect or violation with diligence and promptness, the City
may, without prejudice to any other remedy the City may have, tenninate the employment of
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CAMPBELL
[4J Op7
the Contractor and take possession of the site and of all materials, equipment. tools, construction
equipment and machinery thereon owned by the Contractor and my finish the Work by whatever
methods the City may deem expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished.
18. PromDt Pavment to Subcontractors. The Contractor shall pay any 'subcontractor within ten (10)
days of the Contractor's receipt of payment by the City for undisputed services provided by the
Subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed
amount for which the Contractor has received payment by the City, the Contractor shall pay
interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5 %)
per month or any part of a month. The minimwn monthly interest penalty payment for an
unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the
Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Contractor shall be awarded its
costs and disbursements, including attorney's fees, incurred in bringing the action. The
Contractor shall, by an appropriate agreement with each subcontractor, require each
subcontractor to make payments to his subcontractors in a similar maMer.
19. IndeDendent Contractor. At aU times and for all purposes hereunder, the Contractor is an
independent contractor, and not an employee of the City. '
20. Affirmative Action Policv. All Contractors and subcontractors employed shall comply with all
applicable provisions of all federal, state and municipal laws which prohibit discrimination in
employment on the basis of race, color, religion, sex, marital status, national origin, ancestry,
age, and physical or mental handicap and all roles and regulations, promulgated and adopted
pursuant thereto. The Contractor will include a similar provisions in all subcontracts entered
into for the performance of this contract.
21. Miscellaneous.
A. This Contract shall become effectiVe only upon its execution by both the City and the
Contractor. This Contract shall not be modified, amended, rescinded, waived or terminated
without the approval in writing of the City Council.
B. The City shall be allowed to audit Contractor's books and records during regular business hours
upon five (5) days written notice.
C. This Agreement shall be governed by the laws of the State of Minnesota.
D. That with respect to any and all businesses conducted or acts performed pursuant to this
Agreement, the Contractor shall be deemed an employer.
E. OPTION. That the Contractor agrees 10 pay prevailing wages as required by law,
IN WITNESS WHEREOF, the parties bave entered into this Agreement as of the date and year
hereinabove first written.
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14I 008
CITY OF PRIOR LAKE
CONTRACTOR
By:
Wesley M. Mader, Mayor
By:
Its:
By:
Frank Boyles. City Manager
STATE OF MINNESOTA )
(55.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 19. ' by Wesley M. Mader and Frank Boyles, respectively the Mayor and City
Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
(ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
19_, by , the of
corporation. on its behalf, Contractor.
day of
a
Notary Public
This Instrument Drafted By:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve
Suite 317
Eagan, Minnesota 55121
SLP:MKB
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141009
.
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on the
day of
, 1998, between the
CITY OF PRIOR LAKE, Minnesota ("City"), whose business address is 16200 Eagle
Creek Ave. S.E., Prior Lake, MN 55372-1714, and
("Contractor") whose business address is
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to
provide a variety of professional services for City projects. That policy requires that person,
firms, or corporations providing such services enter into written contracts with the City. The '
propose of this contract is to set forth terms and conditions for
The City and Contractor agree as follows:
1. Contractor's Services. The Contractor agrees to provide professional services
as described in Exhibit A, attached and made a part of this Agreement.
2. Time for Performance of Services. The Contractor shall perfonn the services
outlined in Exhibit A according to the schedule in Exhibit C.
3. Comnensation for Services. City agrees to pay the Contractor for services as
described in Exhibit A. Compensation shall be in accordance with Exhibit B, attached and
made a part of this Agreement.
4. EmrineerinlZ Services for Proiect. The Contractor, upon direction of the City,
agrees to perform the following:
a. See Exhibits A (Work Scope), B (Budget). and C (Schedule).
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f4J 010
b. Special Contractors may be utilized by the Contractor when required by
the complex or specialized nature of the Project and when authorized in
writing by the City.
c. Extra Services: City agrees to pay Contractor for extra services by the
Contractor or Special Contractors when authorized in writing by the
City.
s. The City agrees to provide the Contractor with the complete information
concerning the scope of the Project and to perfonn the following services:
a. Access to the Area: The City shall obtain access to and make all
provisions for the Contractor to enter upon public and private lands as
required for the Contractor to perform such work as surveys and
inspections in the develu.t'~ent of the Project.
b. Consideration of the Contractor's Work: The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other
documents presented by the Contractor, and shall inform the Contractor
of all decisions within a reasonable time so as not to delay the work of
the Contractor.
c. Standards: The City shall furnish the Contractor with a copy of any
design and construction standards they may require in the preparation
of the report for the Project.
d, Owner's Representative: A person shall be appointed to act as the
City's representative with respect to the work to be performed under
this Agreement. He or she shall have complete authority to transmit
instructions, receive information, interpret, and define the City's policy
and decisions, with respect to the materials, equipment, elements, and
systems pertinent to the work covered by this Agreement.
6. Method of Pavment. The Contractor shall submit to the City, on a monthly
basis, itemized bills for professional services performed under Section 4 of this Agreement.
Bills submitted shall be paid in the same manner as other claims made to me City.
a.
Progress Payment: For work reimbursed on an hourly basis. the
Contractor shall indicate for each employee, his or her name, job title,
the number of hours worked, rate of pay for each employee, a
computation of amounts due for each employee, and the total amount
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1(1]011
due for each project task. Contractor shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections
471.38 and 471.391. For reimbursable expenses, if permitted in
Exhibit A. the Contractor shall provide such documentation as
reasonably required by the City.
b. Abandoned or Suspended Work: If any work performed by the
Contractor is abandoned or suspended in whole or in part by the City,
the Contractor shall be paid for any services performed on account of it
prior to receipt of written notice from the City of such abandonment or
suspension, all as shown on Exhibit B for this project.
c. Compensation for Services of the Contractor: The City shall pay the
Contractor for the services described in Exhibit A of this Agreement.
The fee that the City will pay under this Agreement shall not excess the
amount shown on Exhibit B for this project.
d. Payments for the Contractor's Reimbursable Costs: The Contractor
shall be reimbursed for the work of special consultants, as described in
Section 4.B. and for other items when authorized in writing by the
City. Such items shall include: i) transportation of principals and
employees on special trips to the Project or to other locations; ii)
materials and supplies; Hi) AutoCADD as required to expedite the
work; and iv) reproduction of reports.
7. Accuracv of Work. Contractor shall be responsible for the accuracy of the
work and the utilization of all determinant data, and shall promptly make necessary revisions
or corrections resulting from errors and omissions on the part of Contractor without
additional compensation.
If the date or materials furnished by the City. and used in the conduct of this
work are found to be in error. incorrect, or inappropriate, the City shall direct Contractor to
modify, update, and/or correct the affected work product. All such corrective work
performed by Contractor shall be considered to be additional services for which additional
compensation shall be paid to Contractor on the basis of Contractor's standard fees or actual
costs incurred.
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[4]012
8. Proiect Manalrer and Staffing. The Contractor has designated
and " to scrve on thc project.
They shall be assisted by other staff members as necessary to facilitate the completion of the
Project in accordance with the terms established herein. Contractor may not remove or
replace
or
, from the Project without
the approval of the City.
9. Audit Disclosure. The Contractor shall allow the City or its duly authorized
agents reasonable access to such of the Contractor's books and records as are pertinent to all
service provided under this Agreement. Any reports; infonnation, data, etc. given to, or
prepared ar assembled by, the Contractor under this Agreement which the client requests to
be kept confidential shall not be made available to any individual or organization without the
City's prior written approval. All finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, and reports prepared by the Contractor shall become
the property of the City upon tennination of this Agreement, but Contractor may retain
copies of such documents as records of the services provided.
10. Term. The terms of this Agreement shall be from through
, 19_, the date of signature by the parties notwithstanding. This
Agreement may be extended upon the written mutual consent of the parties for such
additional period as they deem appropriate, and upon the terms and conditions as herein
stated.
11. Termination. This Agreement may be terminated by either party by seven (7)
days' written notice delivered to the other party at the address written above. Upon
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termination under this provision if there is no fault of the Contractor. the Contractor shall be
paid for services rendered and reimbursable expenses until the effective date of termination.
If however, the City terminates the Agreement because the Contractor has failed to penorm
in accordance with this Agreement, no further payment shall be made to the Contractor. and
the City may retain another contractor to undertake or complete the work identified in
paragraph 2. If as a result, the City incurs total costs for the work (including payments to
both the present contractor and a future contractor) which exceed a maximum Agreement
amount, if any, specified under Paragraph 3, then the Contractor shall be responsible for the
difference between the cost actually incurred and the Agreement amount.
12. Subcontractor. The Contractor shall not enter into subcontracts for services
provided under this Agreement except as noted in the scope of service, without the express
written consent of the City. The Contractor shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days f the Contractor's receipt of payment by
the City for undisputed services provided by the subcontractor. If the Contractor fails within
that time to pay the subcontractor any undisputed amount for which the Contractor has
received payment by the City. the Contractor shall pay interest to the subcontractor on the
unpaid amount at the rate of 1 1/2 percent per month or any part of a month. The minimum
monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an
unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to
the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties
from the Contractor shall be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
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13. Indeoendent Contractor. At all times and for al purposes herein, the
Contractor is an independent contractor and not an employee of the City _ No statement
herein shall be construed so as to rInd the Contractor an employee of this City.
14. Non-Discrimina~on. During the performance of this Contract, the Contractor
shall not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, or age. The Contractor shall post in places available to employees and
applicants for employment, notices setting forth the provisions of this non-discrimination
clause and stating that all qualified applicants will receive consideration for employment.
The Contractor shall incorporate the foregoing requirements of this paragraph in aU of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work.
15. Assi2I1Il1ent. Neither party shall assign this Agreement, nor any interest
arising herein, without the written consent of the other party.
16. Services Not Provided For. No claim for service furnished by the Contractor
not specifically provided for herein shall be honored by the City.
17. Severabilitv. The provisions of this Agreement are severable. If any portion
hereof is, for any reason held by a court of competent jurisdiction to be contrary to law,
such decision shall not affect the remaining provisions of the Agreement.
18. Entire AJtreement. The entire agreement of the panies is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating
to the subject matter hereof as well as any previous agreements presently in effect between
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the parties relating to the subject matter hereof. Any alterations. amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
19. Comnliance with laws and Remlations. In providing services hereunder. the
Contractor shall abide by all statutes, ordinances. roles and regulations pertaining to the
provisions of services to be provided. Any violation shall constitute a material breach of this
Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the .l...u~der of this Agreement.
21. Indemnification. Contractor agrees to defend, indemnify and hold the City, its .
officers, and employees harmless from any liability, claims, damages, costs, judgments, or
expenses. including reasonable attorney's fees, resulting directly or indirectly from an act or
omission (including without limitation professional errors or omissions) of the Contractor, its
agents, employees, or subcontractors in the performance of the service provided by this
Agreement and against all losses by reason of the failure of said Contractor fully to perform.
in any respect, all obligations under this Agreement.
22. Insurance.
a.
General Liability: During the term of this Agreement, Contractor shall
maintain a general liability insurance policy with limits of at least
$600,000 for each person. and each occurrence, for both personal
injury and property damage. This policy shall name the City as an
additional insured for the services provided under this Agreement and
shall provide that the Contractor's coverage shall be the primary
coverage in the event of a loss. The policy shall also insure the
indemnification obligation contained in Paragraph No. 21. A certificate
of insurance on the City's approved form which verified the existence.
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of this insurance coverage must be provided to the City before work
under this Agreement is begun.
b. Worker's Compensation: The Contractor shall secure and maintain
such insurance as will protect Contractor from claims WIder the
Wo~ker's Compensation Acts and from claims for bodily injury. death
or property damage which may arise from the performance of
Contractor's services under this Agreement.
c. Professional Liability Insurance: The Contractor agrees to provide to
the City a certificate evidencing that they have in effect, with an
insurance company in good standing and authorized to do business in
Minnesota, a professional liability insurance policy _ Said policy shall
insure payment of damage for legal liability arising out of the
performance of professional services for the City, in the insured's
capacity as the Contractor, if such legal liability is caused by an error,
omission, or negligent act of the insured or any person or organization
for whom the insured is legally liable. Said policy shall provide an
aggregate limit of $1.000..000.
23. Records Access. The Contractor shall provide the City access to any books,
documents, papers and record which are directly pertinent to the specific contract, for the
purpose of making audit, examination, excerpts, and transcriptions, for three years after final
payments and all other pending matters related'to this contract are dosed.
24. Ownershio of Documents. All plans, diagrams, analyses, reports, and
information generated in connection with performance of the agreement shall become the
property of the City. The City may use the infonnarion for its purposes. Such use by the
City shall not relieve any liability on the part ~f the Contractor.
25. Governimz Law. This agreement shall be controlled by the laws of the State
of Minnesota.
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"
,
Executed as of the day and year fIrst written above.
CITY OF PRIOR LAKE
By:
Mayor
By:
City Manager
Reviewed for Administration:
By:
City Manager
Approved as to Form and Execution:
By:
City Attorney
Reviewed for Engineering:
By:
Director of Public Works
Accounting Records Posted:
By:
Director of Finance
Resolution Authorizing No.
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