HomeMy WebLinkAboutMemo RE; City Code Recodification
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?'UNn tk Ved ~ Kelly Meyer
April 30, 1999
TO: Mayor Mader and Councilmembers
SUBJECT: CITY CODE RECODIFICA TION
In connection with the proposed City Code Recodification Ordinance scheduled for your
consideration at the May 3, 1999 Council meeting, attached is a sample of what the new code
will look like. Each of you already has some experience with the format through your review of
the new zoning ordinance.
Included are the Preface, which describes the intent and layout of the Code, the Table of
Contents, and Part 1 of the Code.
Please review the enclosed. There is time scheduled for any questions at the May 3, 1999
Work Session.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PREFACE
Over the years, the City of Prior Lake has passed through a process of legislative change common to
many American communities. While only a few simple laws were necessary at the time of the
establishment of the City, subsequent growth of the community, together with the complexity of modern
life, has created the need for new and more detailed ordinances for the proper function and
government of the City. The recording of local law is an aspect of municipal history, and as the
community develops and changes, review and revision of old laws and consideration of new laws, in
the light of current trends, must keep pace. The orderly collection of these records is an important step
in this ever-continuing process. Ordinances must be more than mere chronological enactments
reposing in the pages of old records. Instead, they must reflect the community's present values, be
maintained and up-to-date,and be available and logically arranged for convenient use. It was with this
in mind that the City Council ordered the following codification of the City's ordinances.
CONTENTS OF CODE
The various parts of the Code contain all currently effective ordinances of a general and permanent
nature enacted by the City Council of the City of Prior Lake, including revisions or amendments to
existing ordinances deemed necessary by the City Council in the course of the codification.
DIVISION OF CODE
The Code is divided into two Volumes. Volume I contains administrative, general and police
ordinances, while Volume II is reserved for the City's subdivision and zoning regulations. The two
documents together comprise the Prior Lake City Code. The Code is further divided into Parts,
Sections and subsections.
Volume I of the Code contains Parts 1 through 10 as follows:
Part 1:
Part 2:
Part 3:
Part 4:
Part 5:
Part 6:
Part 7:
Part 8:
Part 9:
Administrative
Boards and Commissions
Business Regulations
Building Regulations
Fire Regulations
Health and Sanitation
Public Ways and Property
Police Regulations
Motor Vehicles and Traffic
Volume II of the Code contains Part 10: Subdivisions, and Part 11: Zoning Regulations.
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TABLE OF CONTENTS
The Table of Contents details the arrangement of material by Section as a means of locating specific
areas of the Code. A more detailed Table of Contents has also been included in Volume II for Parts 10
and 11 which shows each Section so that specific areas of the Zoning and Subdivision codes are
easier to locate.
NUMBERING OF ORDINANCES
A Part-Section-Subsection numbering system is employed in which subsections and paragraphs within
subsections are assigned a number which indicates the Part, Section and subsection where the
legislation is located within the Code. Thus, the first Section of Part 5 is 501, and the fourth Section of
Part 11 is 1104. New Sections within each Part should be added in numerical order following the last
current Section. Subsections are identified as using a decimal system. For example, Part 5, Section 4,
subsection 3 is 504.300; and Part 11, Section 7, subsection 2, paragraph 8 is 1107.208.
Section and subsection numbers are provided for REFERENCE ONLY and are not intended to
invalidate any other provisions of the Section or Subsection in which they are contained, unless
specifically provided for in said Section, Subsection or paragraph thereof. Subsections referenced
include all of the provisions therein whether or not specific paragraphs have also been assigned a
reference number, or referred to as a "subsection" elsewhere in the text.
PAGINATION
A unique page numbering system has been used in which each Section forms an autonomous unit.
Infinite pages may be used for each Section. The first digit of the page number is the Section number
followed by a slash mark; then the consecutive page number. Thus, Part 5, Section 1 begins as page
501/p1; Part 5, Section 4 begins 504/p1, etc. By use of this system, it is possible to add or to change
pages in any Section without affecting the sequence of subsequent pages in other Sections, and to
insert new Sections without affecting the existing organization.
SCHEME
The Scheme is the list of subsection titles which precedes the text of each Section. These titles are
carefully written so that, taken together, they may be considered as a summary of the content of the
Section. Taken separately, each describes the content of a particular subsection. For ease and
precision of reference, the Scheme titles are repeated as subsection headings in the text.
HISTORIES
Municipal histories are not included in the original version of the Code of Ordinances. Histories will be
included as amendments or revisions of the Code are enacted by the City Council. The history will
indicate the specific ordinance from which the Section was derived, including the ordinance number, if
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pertinent, and the date of adoption. Amendments to individual subsections or paragraphs will also be
indicated by histories where appropriate in the text. The last amendment date is also included in the
history.
SUPPLEMENTATION
Supplementation of the Code will follow the adoption of new ordinances. New ordinances or
amendment to existing ordinances will be included and repeals will be indicated as soon as possible
after passage. Supplemental pages should be inserted as soon as they are received and old pages
removed, in accordance with the instruction page which accompanies each supplement.
CODIFIER
The City Clerk of the City of Prior Lake, or his/her designee, shall be responsible for the organization,
supplementation and distribution of all amendments to the Code of Ordinances. The official Code of
Ordinances shall be available for public reference in the office of the City Clerk.
ACKNOWLEDGMENT
The assistance of CAMPBELL KNUTSON, P.A. is gratefully acknowledged by the City of Prior Lake.
The codification of the ordinances of the City of Prior Lake reflects an appreciation of the needs of a
progressive and expanding community. As in many other municipalities, officials are faced with
fundamental changes involving nearly every facet of community life. Problems increase in number and
complexity and range in importance from everyday details to crucial areas of civic planning. It is the
profound conviction of the City Clerk and the City of Prior Lake that this Code will contribute
significantly to the efficient administration of local government. As Samuel Johnson observed, "The law
is the last result of human wisdom acting upon human experience for the benefit of the public."
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TABLE OF CONTENTS
VOLUME I
PART 1: ADMINISTRATIVE
OFFICIAL CITY CODE................................................................. 101
SAVING CLAUSE....................................................................... 102
DEFINITIONS............................................................................. 103
GENERAL PENALTY................................................................... 104
MAYOR AND CITY COUNCiL....................................................... 105
CITY MANAGER........................................................................ 106
CITY OFFiCERS......................................................................... 107
CITY ELECTIONS....................................................................... 108
CIVIL RIGHTS............................................................................ 109
DISPOSITION OF PROPERTy....................................................... 110
SPECIAL ASSESSMENTS DEFERRAL ...........................................111
PART 2: BOARDS AND COMMISSIONS
CIVIL DEFENSE ORGANIZATION.................................................. 201
PLANNING ADVISORY COMMiSSiON............................................ 202
PART 3: BUSINESS REGULATIONS
LIQUOR.................................................................................... 301
PEDDLERS............................................................................... 302
MASSAGE THERAPy.................................................................. 303
TAXiCABS................................................................................ 304
LAWFUL GAMBLING.................................................................. 305
CABLE TV................................................................................ 306
OUTDOOR CONCERTS............................................................... 307
TOBACCO................................................................................. 308
PART 4: BUILDING REGULATIONS
BUILDING CODE........................................................................ 401
PLUMBING CODE...................................................................... 402
RESIDENTIAL SWIMMING POOLS................................................. 403
Table of Contents - p2-
PART 5: FIRE REGULATIONS
VOLUNTEER FIRE DEPARTMENT................................................. 501
BUREAU OF FIRE PREVENTION................................................... 502
FIRE PREVENTION REGULATIONS............................................... 503
PART 6: HEALTH AND SANITATION
GARBAGE AND REFUSE............................................................. 601
DUTCH ELM I OAK WILT DiSEASE.............................................. 602
WEEDS.................................................................................... 603
FIREWOOD............................................................................... 604
PUBLIC NUiSANCES.................................................................. 605
JUNK VEHICLES ........................ ............. ...................................606
PART 7: PUBLIC WAYS AND PROPERTY
STREETS, SIDEWALKS & PUBLIC WAYS ..................................... 701
CITY PARKS ............................................................................. 702
PUBLIC WATERS....................................................................... 703
CITY WATERWORKS SySTEM..................................................... 704
CITY SANITARY SEWER SySTEM................................................ 705
EXCAVATING AND FILLING ......................................................... 706
STORM WATER MANAGEMENT................................................... 707
PART 8: POLICE REGULATIONS
ANIMALS.................................................................................. 801
DOGS & CATS.......................................................................... 802
GENERAL OFFENSES................................................................ 803
FIREARM REGULATIONS............................................................ 804
ABANDONED AND UNCLAIMED PROPERTy................................... 805
PART 9: MOTOR VEHICLES AND TRAFFIC
TRAFFIC CODE......................................................................... 901
SNOWMOBILES......................................................................... 902
OFF-RoAD VEHICLES; COMBUSTION ENGINES............................ 903
Table of Contents - p3-
VOLUME II
PART 10: SUBDIVISIONS
GENERAL PROViSiONS.............................................................. 1001
DEFINITIONS............................................................................. 1002
PROCEDURE FOR SUBMISSION OF PLATS.................................... 1003
DATA FOR PRELIMINARY PLAT................................................... 1004
DATA FOR FINAL PLAT .............................................................. 1005
MINIMUM DESIGN STANDARDS................................................... 1006
IMPROVEMENTS REQUiRED........................................................ 1007
REGISTERED LAND SURVEyS..................................................... 1008
VARIANCES.............................................................................. 1009
CONVEYANCE BY METES AND BOUNDS....................................... 1010
VIOLATIONS, ENFORCEMENT AND PENALTIES............................. 1011
AMENDMENTS........................................................................... 1012
PART 11: ZONING REGULATIONS
GENERAL PROViSiONS.............................................................. 1101
RESIDENTIAL DISTRICT REGULATIONS........................................ 1102
OVERLAY DiSTRiCTS................................................................. 1103
SHORELAND REGULATIONS .......................................................1104
FLOOD PLAIN REGULATIONS...................................................... 1105
PLANNED U NIT DEVELOPMENTS................................................. 1106
GENERAL PERFORMANCE STANDARDS....................................... 1107
CONDITIONAL USE PERMITS, VARIANCES & AMENDMENTS.......... 1108
ADMINISTRATION PROCEDURES................................................. 1109
COMMUNICATIONS TOWERS....................................................... 1110
ADULT USES............................................................................ 1111
OFFICIAL MAPS........................................................................ 1112
PART 1
Administrative
SECTION
101
102
103
104
105
106
107
108
109
110
111
112
TITLE
Official City Code
Saving Clause
Definitions
General Penalty
Mayor and City Council
City Manager
City Offices
City Elections
Civil Rights
Disposition of Property
Special Assessments Deferral
Violations of City Code
City of Prior Lake
SUBSECTIONS:
101.100:
101.200:
101.300:
101.400:
Administrative
SECTION 101
OFFICIAL CITY CODE
TITLE
ACCEPTANCE
AMENDMENTS
CODE ALTERATION
101.100:
101.200:
101.300:
TITLE: Upon adoption by the City Council, this City Code is hereby declared to be
and shall hereafter constitute the official City Code of the City of Prior Lake. This
City Code of ordinances shall be known and cited as the PRIOR LAKE CITY
CODE, and it is hereby published by authority of the Council. Any reference to the
number of any subsection contained herein shall be understood to refer to the
position of the same number, its appropriate Chapter and Section heading, and to
the general penalty clause relating thereto, as well as to the section itself, when
reference is made to this City Code by title in any legal documents.
ACCEPTANCE: The City Code as hereby presented in printed form shall
hereafter be received without further proof in all courts and in all administrative
tribunals of this State as the ordinances of the City of general and permanent
effect, except the excluded ordinances enumerated in subsection 102.100 of this
Code.
AMENDMENTS: Any ordinance amending the City Code shall set forth the
Section or subsection numbers to be amended, and this shall constitute sufficient
compliance with any statutory requirement pertaining to the amendment or revision
by ordinance of any part of this City Code. All such amendments or revisions by
ordinance shall be immediately forwarded to the codifiers, and the said ordinance
material shall be prepared for insertion in its proper place in each copy of this City
Code. Each such replacement page shall be properly identified and shall be
inserted in each individual copy of the City Code.
City of Prior Lake
101/p1
101.400:
Administrative
CODE ALTERATION: It shall be deemed unlawful for any person to alter, change,
replace or deface in any way any Section or any page of this City Code in such
manner that the meaning of any phrase or order may be changed or omitted.
Replacement pages may be inserted according to the official instructions when so
authorized by the City Council. The Clerk shall see that the replacement pages
are properly inserted in the official copies maintained in the office of the Clerk. Any
person having in his custody an official copy of the City Code shall make every
effort to maintain said Code in an up-to-date and efficient manner. He shall see to
the immediate insertion of new or replacement pages when such are delivered to
him or made available to him through the office of the City Clerk. Said Code
books, while in actual possession of officials and other interested persons, shall be
and remain the property of the City and shall be returned to the office of the Clerk
when directed so to do by order of the City Council.
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
101/p2
SUBSECTIONS:
102.100:
102.200:
102.300:
102.400:
Administrative
SECTION 102
SAVING CLAUSE
REPEAL OF GENERAL ORDINANCES
PUBLIC UTILITY ORDINANCES
COURT PROCEEDINGS
SEVERABILITY CLAUSE
102.100:
102.200:
102.300:
REPEAL OF GENERAL ORDINANCES: All general ordinances of the City
passed prior to the adoption of this City Code are hereby repealed, except such as
are included in this City Code or are by necessary implication herein reserved from
repeal (subject to the saving clauses contained in the following subsections), and
excluding the following ordinances which are not hereby repealed: tax levy
ordinances; appropriation ordinances; ordinances relating to boundaries and
annexations; franchise ordinances and other ordinances granting special rights to
persons or corporations; contract ordinances and ordinances authorizing the
execution of a contract or the issuance of warrants; salary ordinances; ordinances
establishing, naming or vacating streets, alleys or other public places;
improvement ordinances; bond ordinances; ordinances relating to elections;
ordinances relating to the transfer or acceptance of real estate by or from the City;
and all special ordinances.
PUBLIC UTILITY ORDINANCES: No ordinance relating to railroad crossings with
streets and other public ways, or relating to the conduct, duties, service or rates of
public utilities shall be repealed by virtue of the adoption of this City Code or by
virtue of the preceding subsection, excepting as this City Code may contain
provisions for such matters, in which case this City Code shall be considered as
amending such ordinance or ordinances in respect to such provisions only.
COURT PROCEEDINGS: No new ordinance shall be construed or held to repeal a
former ordinance whether such former ordinance is expressly repealed or not, as
to any offense committed against such former ordinance or as to any act done, any
penalty, forfeiture or punishment so incurred, or any right accrued or claim arising
under the former ordinance, or in any way whatever to affect any such offense or
act so committed or so done, or any penalty forfeiture or punishment so incurred or
any right accrued or claim arising before the new ordinance takes effect, save only
that the proceedings thereafter shall conform to the ordinance in force at the time
of such proceeding, so far as practicable, if any penalty, forfeiture or punishment
be mitigated by any provision of a new ordinance, such provision may be, by
consent of the party affected, applied to any judgment announced after the new
ordinance takes effect.
City of Prior Lake
102/p1
102.400:
Administrative
This subsection shall extend to all repeals, either by express words or implication,
whether the repeal is in the ordinance making any new provisions upon the same
subject or in any other ordinance.
Nothing contained in this Section shall be construed as abating any action now
pending under or any virtue of any general ordinance of the City herein repealed
and the provisions of all general ordinances contained in this Code shall be
deemed to be continuing provisions and not a new enactment of the same
provision; nor shall this Section be deemed as discontinuing, abating, modifying or
altering any penalty accrued or to accrue, or as affecting the liability of any person,
firm or corporation, or as waiving any right of the City under any ordinance or
provision thereof in force at the time of the adoption of this City Code.
SEVERABILITY CLAUSE: If any section, subsection, paragraph, sentence, clause
or phrase of this City Code or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of
this Code, or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, paragraph, sentence, clause or phrase thereof
irrespective of the fact that anyone or more sections, subsections, paragraphs,
sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
102/p2
SUBSECTIONS:
103.100:
103.200:
103.300:
Administrative
SECTION 103
DEFINITIONS
CONSTRUCTION OF WORDS
DEFINITIONS, GENERAL
CA TCHLlNES
103.100:
103.200:
CONSTRUCTION OF WORDS: Whenever any word in any Part of this City Code
importing the plural number is used in describing or referring to any matters,
parties or persons, any single matter, party or person shall be deemed to be
included, although distributive words may not have been used.
When any subject matter, party or person is referred to in this City Code by words
importing the singular number only, or the masculine gender, several matters,
parties or persons and females as well as males and bodies corporate shall be
deemed to be included; provided, that these rules of construction shall not be
applied to any Section of this City Code which contains any express provision
excluding such construction or where the subject matter or context may be
repugnant thereto.
The word "ordinance" contained in the ordinances of the City has been changed in
the content of this City Code to "Part", "Section" and/or "subsection" or words of
like import for organizational and clarification purposes only. Such change to the
City's ordinances is not meant to amend passage and effective dates of such
original ordinances.
DEFINITIONS, GENERAL: Whenever the following words or terms are used in
this Code, they shall have such meanings herein ascribed to them, unless the
context makes such meaning repugnant thereto:
Agent The word "agent" as used in this Code shall mean a person acting on
behalf of another.
City The word "City" as used in this Code shall mean the City of Prior Lake,
County of Scott, State of Minnesota.
Employees: Whenever reference is made in this Code to a City employee by title
only, this shall be construed as though followed by the words "of the City of Prior
Lake".
City of Prior Lake
103/p1
Administrative
Fee: The word "fee" as used in this Code shall mean a sum of money charged by
the City for the carrying on of a business, profession or occupation.
License: The word "license" as used in this Code shall mean the permission
granted for the carrying on of a business, profession or occupation.
Misdemeanor. Means a crime for which a sentence of not more than ninety (90)
days or a fine of not more than five hundred dollars ($500.00), or both, may be
imposed.
Nuisance: The word "nuisance" shall mean anything offensive or obnoxious to the
health and welfare of the inhabitants of the City; or any act or thing repugnant to, or
creating a hazard to, or having a detrimental effect on the property of another
person or to the community.
Occupant The word "occupant" applied to a building or land shall include any
person who occupies the whole or any part of such building or land whether alone
or with others.
Offense: The word "offense" shall mean any act forbidden by any provision of this
Code or the omission of any act required by the provisions of this Code.
Officers: Whenever reference is made in this Code to a City officer by title only,
this shall be construed as though followed by the words "of the City of Prior Lake".
Operator. The word "operator" as used in this Code shall mean the person who is
in charge of any operation, business or profession.
Owner. The word "owner" applied to a building or land shall include any part
owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a
part of such building or land.
Person: The word "person" shall mean any public or private corporation, firm,
partnership, association, organization, government or any other group as a unit, as
a natural person.
Personal Property. The term "personal property" shall include every description
of money, goods, chattels, effects, evidence of rights in action and all written
instruments by which any pecuniary obligation, right or title to property is created,
acknowledged, transferred, increased, defeated, discharged or diminished and
every right or interest therein.
Retailer. The word "retailer" as used in this Code, unless otherwise specially
defined, shall be understood to relate to the sale of goods, merchandise, articles or
things in small quantities direct to the consumer.
Right Of Way: The term "right of way" shall mean the privilege of the immediate
City of Prior Lake
103/p2
103.300:
Administrative
use of the roadway or other property.
Street The word "street" shall include alleys, lanes, courts, boulevard, public
ways, public squares, public places and sidewalks.
Tenant The word "tenant" applied to a building or land shall include any person
who occupies the whole or any part of such building or land whether alone or with
others.
Wholesaler. The word "wholesaler" and "wholesaler dealer" as used in this Code,
unless otherwise specially defined, shall be understood to relate to the sale of
goods, merchandise, articles or things in quantity to persons who purchase for the
purpose of resale.
Written, In Writing: The words "written" or "in writing" may include printing and
any other mode of representing words and letters, but when the written signature
of any person is required by law to any official or public writing or bond required by
law, it shall be in the proper handwriting of such person, or in case he is unable to
write, by his proper mark.
CATCHLlNES: The catchlines of the Sections and subsections of the City Code
are intended as mere catchwords to indicate the content of the Section and/or
subsection, and shall not be deemed or taken to be titles of such sections or
subsections, nor be deemed to govern, limit, modify or in any manner affect the
scope, meaning or intent of the provisions of any section or subsection hereof, nor
unless expressly so provided, shall they be so deemed when any of such sections
or subsection, including the catchlines, are amended or re-enacted.
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
103/p3
SUBSECTIONS:
104.100:
104.200:
104.300 :
Administrative
SECTION 104
GENERAL PENALTY
GENERAL PENALTY
ApPLICATION OF PROVISIONS
LIABILITY OF OFFICERS
104.100:
104.200:
104.300:
GENERAL PENALTY: Any person convicted of violation of any provision of this
City Code, where no other penalty is set forth, shall be punished by a fine not to
exceed five hundred dollars ($500.00) for anyone offense, or by imprisonment in
the City or County jail for a period of not more than ninety (90) days, or by both
such fine and imprisonment.
ApPLICATION OF PROVISIONS: The penalty provided in this Section shall be
applicable to every Section of this City Code the same as though it were a part of
each and every separate section. Any person convicted of a violation of any
Section of this City Code where a duty is prescribed or obligation imposed, or
where any action which is of a continuing nature is forbidden or is declared to be
unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be
deemed committed upon each day such duty or obligation remains unperformed or
such act continues, unless otherwise specifically provided in this City Code.
In all cases where the same offense is made punishable or is created by different
clauses or subsections of this City Code, the prosecuting officer may elect under
which to proceed; but not more than one recovery shall be had against the same
person for the same offense; provided, that the revocation of a license or permit
shall not be considered a recovery or penalty so as to bar any other penalty being
enforced.
Whenever the doing of any act or the omission to do any act constitutes a breach
of any subsection or provision of this City Code and there shall be no fine or
penalty specifically declared for such breach, the provisions of this Section shall
apply.
LIABILITY OF OFFICERS: No provision of this City Code designating the duties of
any officer or employee shall be so construed as to make such officer or employee
liable for any fine or penalty provided for a failure to perform such duty, unless the
intent of the Council to impose such fine or penalty on such officer or employee is
specifically and clearly expressed in the section creating the duty.
City of Prior Lake
104/p1
Administrative
SECTION 105
MAYOR AND CITY COUNCIL
SUBSECTIONS:
105.100:
105.200:
105.300:
CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE
COUNCIL MEETINGS
SALARIES
105.100:
CITY ELECTIONS, OFFICERS AND TERMS OF OFFICE: The City Council shall
consist of a Mayor and four (4) Councilmembers all of whom shall be residents of
the City and should otherwise be qualified to hold public office pursuant to the laws
of the State.
Term of Office: The term of Mayor of the City shall be four (4) years commencing
with the January 1, 1986 term of office. Except as hereinafter provided,
Councilmembers shall be elected for four (4) year terms of office with two (2)
Councilmembers being elected at each election.
105.200: COUNCIL MEETINGS:
105.201 Time and Place of Regular Meetings: There will be at least two (2) regular
Council meetings monthly in the City Hall. The City Council, by resolution, may
schedule additional regular meetings or may cancel regularly scheduled meetings
by majority of the Council vote. The regular scheduled meetings shall be held on
the first and third Mondays of each month commencing at seven thirty o'clock
(7:30) p.m., or such other times and dates as the Council may from time to time by
resolution designate. When a regular meeting falls on the same day as that of an
official holiday, the regular meeting shall automatically be postponed to the
following day, or may be cancelled by resolution of a majority of the
Council members.
105.202 Procedural Requirements of the Regular Meetings:
(1) Regular Business Session: A regular business session shall be conducted at
each meeting of the City Council.
(2) Prepare Agenda: The Agenda for each regular meeting will be prepared by the
City Manager and shall be available the Friday before the following meeting.
City of Prior Lake
10ip1
105.203
105.204
105.300:
Administrative
Special Meetings: Special meetings may be called by the Mayor or any two (2)
members of the City Council by writing, filed with the City Manager who shall then
mail a notice to all the members of the time and place of meeting at least one day
before the meeting.
Meetings Open to the Public: All said meetings should be open to the public.
SALARIES: The Mayor's salary is hereby established at three hundred fifty dollars
($350.00) per month. The salary of each City Council member is hereby
established at two hundred and fifty dollars ($250.00) per month. The Mayor's and
Councilmembers' salaries shall be reviewed by the City Council every two (2)
years on even years at the time the City budget is considered by the Council. This
subsection shall take effect one day after the next succeeding City wide election.
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For Future Amendments)
City of Prior Lake
1oi/p2
SUBSECTIONS:
106.100:
106.200:
106.300:
106.400:
106.500:
Administrative
SECTION 106
CITY MANAGER
OFFICE CREATED
ApPOINTMENT; QUALIFICATIONS; REMOVAL
BOND REQUIRED
POWERS, DUTIES AND LIMITATIONS
PURCHASES AND ACQUISITIONS
106.100:
106.200:
OFFICE CREATED: The office of the City Manager is hereby created, pursuant to
Minnesota Statutes.
ApPOINTMENT; QUALIFICATIONS; REMOVAL: The City Manager shall be
appointed by the City Council for an indefinite period of time on the basis of
education, training, experience and administrative qualifications. The City
Manager shall be paid for his/her services at such a salary as the Council may
from time to time determine.
The Manager may be removed by the Council at any time; provided, however, that
if the Manager has served the City for a period of at least one year, he/she may
demand written charges and a public hearing on the charges before the Council
prior to the date removal is to take effect. Pending such hearing and removal, the
Council may suspend the Manager from office.
The Council may designate some qualified person to perform the duties of the
Manager during absence or disability.
106.300: BOND REQUIRED: The City Manager shall be bonded at City expense through a
position bond which will indemnify the City in the amount of ten thousand dollars
($10,000.00).
106.400: POWERS, DUTIES AND LIMITATIONS: The City Manager shall have the
following powers and duties:
(1) Enforcement: The City Manager shall see that Statutes relating to the City and the
City of Prior Lake
106/p1
Administrative
laws, ordinances and resolutions of the City are enforced.
(2) Appointment of Personnel upon Council Approval: The City Manager shall
appoint upon the basis of merit and fitness and any applicable civil service
provisions, and except as hereinafter provided, remove the Clerk, all heads of
departments, and all subordinate officers and employees; but the appointment and
removal of the Attorney shall be subject to the approval of the Council.
(3) Control: The City Manager shall exercise control over all the departments and
divisions of the administration created under the Plan B type government which
has been adopted by the City of Prior Lake and over all departments and divisions
of the administration which may be created by the Council.
(4) Attendance at Council meetings: The City Manager shall attend all meetings of
the Council with the right to take part in the discussions, but not to vote; but the
Council may at its discretion exclude the City Manager from any meetings at which
his/her removal is considered.
(5) Recommend Ordinance and Resolutions: The City Manager shall recommend
to the Council for adoption such measures as may be deemed necessary for the
welfare of the people and the efficient administration of the affairs of the City.
(6) Advise: Annual Budget: The City Manager shall keep the Council advised as to
the financial condition and needs of the City, and shall prepare and submit to the
Council the annual budget.
(7) Code of Administrative Procedure: The City Manager shall, when directed to do
so by the Council, prepare and submit to the Council for adoption, an
administrative code incorporating the details of administrative procedure, and from
time to time shall suggest amendments to such code.
(8) Additional Duties: The City Manager shall perform such other duties as may be
prescribed by the Minnesota Statutes as relating to Optional Plan B Cities, or as
required by ordinance or resolutions adopted by the City Council.
106.500: PURCHASES AND ACQUISITIONS: All purchases and acquisitions made for, or
in the name of the City, other than those made from petty cash funds shall be
made under the direction of the City Manager unless otherwise directed by the
Council. All such purchases shall meet the conditions as set out herein, unless
otherwise directed by the Council:
(1) The head of the department or division for which the service, equipment or
supplies are ordered must recommend that the order be placed.
(2) The service, equipment or supplies must be necessary to the operation of the
City of Prior Lake
106/p2
Administrative
department.
(3) Where equipment is ordered to replace obsolete, damaged, or worn out
equipment, the new equipment shall, as nearly as possible equal that which it
replaced in design and function,
(4) Where there is more than one feasible source of supply for an item having a cost
of five thousand dollars ($5,000.00) or more, the City Manager shall request price
quotations from at least two (2) sources and shall place the order at the lowest
price quoted, provided the items are of comparable quality, unless the City Council
otherwise directs.
(5) The City Manager shall have authority to make or let purchase contracts for routine
service equipment or supplies for which the cost does not exceed fifteen thousand
dollars ($15,000.00).
(6) The expenditure must be within the limits established by the department budget.
(7) All claims resulting from orders placed by the City Manager shall be audited for
payment by the City Council.
(8) Where bidding is required to be used, bidding procedures shall be consistent with
Minnesota Statutes.
(9) The City Council expressly retains its power to disaffirm any order or contract
entered into by the City Manager on behalf of the City in the same manner and to
the same extent that such power existed prior to the effective date hereof.
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
106/p3
SUBSECTIONS:
107.100:
107.200:
107.300:
107.400:
Administrative
SECTION 107
CITY OFFICERS
CITY FINANCE DIRECTOR
CITY CLERK
ANNUAL CITY AUDIT
WORKMAN'S COMPENSATION COVERAGE
107.100:
107.200:
107.300:
107.400:
CITY FINANCE DIRECTOR: Pursuant to the authority granted by law, the office
of the City Treasurer shall hereby be assumed by the City Finance Director.
City Clerk: Pursuant to the authority granted by law, the holder of the office of
City Clerk shall be designated by the City Council from time to time.
ANNUAL CITY AUDIT: There shall be an audit of the City's financial affairs by a
public accountant in accordance with minimum auditing procedures prescribed by
the Public Examiner.
WORKMEN'S COMPENSATION COVERAGE: The City Council of the City does
hereby authorize the inclusion of any regularly elected or appointed officer or
official of the City, within the definition of "employee" in Minnesota Statutes
Annotated 176.011, subdivision 9. Said authorization is made in regard to and
pursuant to section (5) of said subdivision.
City of Prior Lake
107/p1
SUBSECTIONS:
108.100:
108.200:
Administrative
SECTION 108
CITY ELECTIONS
BIENNIAL ELECTIONS ADOPTED
VOTER REGISTRATION
108.100:
108.200:
108.201
108.202
BIENNIAL ELECTIONS ADOPTED: Pursuant to Minnesota Statute the City
hereby adopts biennial elections; provided, that elections will be held on every odd
numbered year beginning with the year 1977 and each odd numbered year
thereafter.
VOTER REGISTRATION:
Registration System Adopted: The system for the permanent registration of
voters, provided for by Minnesota Statutes, Chapter 201, is hereby adopted for the
City.
Voters Must Register: No person shall be permitted to vote at any election in the
City unless registered as provided by said Minnesota Statutes hereinabove
referred to.
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
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Administrative
SECTION 109
CIVIL RIGHTS
SUBSECTIONS:
109.100:
109.200:
109.300:
109.400:
109.500:
109.600:
109.700:
FINDINGS RELATING To DISCRIMINATORY PRACTICES
DECLARATION OF POLICY AND PURPOSE
DEFINITIONS
VIOLATION OF CIVIL RIGHTS
CONTRACTS WITH CITY
RESPONSIBILITIES AND DUTIES OF CITY EMPLOYEES
PENALTY
109.100:
109.200:
FINDINGS RELATING To DISCRIMINATORY PRACTICES: It is determined that
discriminatory practices based on race, color creed, religion, ancestry or national
origin with respect to employment, labor union membership, housing
accommodations, property rights, education, public accommodations and public
services, or any of them, tend to create and intensify conditions of poverty, ill
health, unrest, lawlessness and vice and adversely affect the public health, safety,
order, convenience and general welfare. Such discriminatory practices that
threaten the rights, privileges and opportunities which are hereby declared to be
civil rights, and the adoption of the regulations contained in this Section is deemed
to be an exercise of the police power to the City to protect such rights.
DECLARATION OF POLICY AND PURPOSE: It is the public policy of the City
and the purpose of this Section:
(1 )
To declare as civil rights the rights of all persons to the fullest extent of their
capacities, and without regard to race, color, creed, religion, ancestry or national
origin, equal opportunities with respect to employment, labor union membership,
housing accommodations and public services;
(2)
To prevent and prohibit any and all discriminatory practices based on race, color,
creed, religion, ancestry or national origin, age and sex with respect to
employment, labor union membership, housing accommodations, property rights,
education, public accommodations or public services;
(3)
(4)
To protect all persons from unfounded charges of discriminatory practices;
To effectuate the foregoing policy by means of public information and education,
mediation and conciliation, and enforcement; and
(5)
To eliminate existing and the development of any new ghettos in the community.
City of Prior Lake
109/p1
109.300:
Administrative
DEFINITIONS:
Person: Includes one or more individuals, labor organizations, partnerships.
associations, corporations, legal representatives, agents, mutual companies, joint
stock companies, trusts, unincorporated organizations, trustees, trustees in
bankruptcy, receivers, public bodies or public corporations including but not limited
to the City or any department or unit thereof.
Hire: To engage or contract for, or attempt to engage or contract for the services of
any person as an employee.
Employ. To use or be entitled to the use and benefit of the services of a person as
an employee.
Employer. Includes any person within the City who hires or employs and
employee, and any person wherever situated who hires or employs any employee
whose services are to be partially or wholly performed in the City, but the term
"employer" shall not include any person with respect to the hiring or employment of
a household domestic servant, any religious corporation, association or society
with respect to the hiring or employment of individuals of a particular religion, when
religion shall be a bona fide occupation qualification for employment, provided such
selection is not based on race, color, ancestry or national origin.
Employee: Includes any and all persons who perform services of any employer for
compensation, whether in the form of wages, salary, commissions or otherwise.
Employment Agency. Any person regularly undertaking with or without
compensation, to procure employees for an employer, or to procure for employees
opportunities to work for an employer and includes any agent of such person.
Labor Organization: Includes any person, employee representation committee or
plan in which employees participate, and which exists wholly or in part for the
purpose of dealing with employers concerning grievances. labor disputes, wages,
rates of pay. hours or other terms or conditions of employment and shall include
conference, general committee, joint or system board, or joint council.
Real Property. Any right, title, interest in or to their possession, ownership,
enjoyment or occupancy of any parcel of land, any building situated thereon, or
any portion of such building in the City, except:
~ The occupancy of a room or rooms by not more than two (2) persons
unrelated to each other, in a residential unit, where such occupancy is by
leave or license of an owner or lessee of such residential unit who occupies
the same or a portion thereof as his principal place of abode.
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Real Estate Broker, Real Estate Salesman: A real estate broker as defined by
Minnesota Statutes, section 82.01, subdivision 4, and a real estate salesman as
defined by Minnesota Statutes, section 82.01, subdivision 5.
Public Accommodations: Includes the services and facilities of any and all places
of business within the City engaged generally in the provision of services or goods
to the public patronage, including without limitation, theaters, hotels, motels,
restaurants, taverns, barber shops, beauty shops, insurance companies, lending
organizations, financial institutions and carriers.
Public Services: Includes services or facilities provided the City to the general
public.
Educational Institution: Any university, college or school operating within the
City, including any school, institution or organization for vocational training, but the
term shall not apply to the students of, or the education provided by any school
maintained and operated by a religious corporation, or association solely for the
benefit of its own membership.
Lawyer. A person duly authorized and licensed by the State of Minnesota to
engage in the practice of law.
Complainant A person for or on behalf a complaint alleging unlawful
discrimination has been filed or issued.
Respondent A person against whom a complaint alleging unlawful discrimination
has been filed or issued.
Discrimination: Any act or attempted act which because of race, color, creed,
religion, ancestry or national origin, results in the unusual treatment or separation
or segregation of any person, or denies, prevents, limits or otherwise adversely
affects, or if accomplished would deny, prevent, limit or otherwise adversely affect
the benefit or enjoyment by a person of employment, membership in the labor
organization, ownership or occupancy of real property, a public accommodation, a
public service or an educational institution. Such discrimination is unlawful and a
violation of this Section.
109.400: VIOLATION OF CIVIL RIGHTS: Without limitation, the following are declared to
be discrimination:
(1) Employer: For an employer, because of race, color, creed, religion, ancestry or
national origin, to fail or refuse to hire; to discharge an employee; or to accord
adverse, unlawful or unequal treatment to any person or employee with respect to
application, hiring, training, apprenticeship, tenure, promotion, upgrading,
compensation, layoff, discharge or any term or condition of employment.
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(2) Employment Agency: For an employment Agency, because of race, color, creed,
religion, ancestry or national origin, to accord adverse, unlawful or unequal
treatment to any person in connection with any application for employment, any
referral or any request for assistance in procurement of employees or to accept
any listing of employment on such a basis.
(3) Labor Organizations: For any labor organization because of race, color, creed,
religion, ancestry or national origin, to deny full and equal membership rights to an
applicant for membership or to a member; to expel, suspend or otherwise
discipline a member; or to accord adverse, unlawful or unequal treatment to any
person with respect to his hiring, apprenticeship, training, tenure, compensation,
upgrading, layoff or any term or condition of employment.
(4) Real Estate Brokers or Agents: For any person having any interest in real
property and any real estate broker or real estate agent, because of race, color,
creed, religion, ancestry or national origin to fail or refuse to sell, rent, assign or
otherwise transfer any real property to any other person, or to accord adverse,
unlawful, or unequal treatment to any person with respect to the acquisition,
occupancy, use and enjoyment of any real property.
(5) Public Accommodations: For any person engaged in the provISion of public
accommodations, because of race, color, creed, religion, ancestry or national
origin, to fail or refuse to provide to any person access to the use of and benefit
from the services and facilities of such public accommodations; or to accord
adverse, unlawful or unequal treatment to any person with respect to the
availability of such services and facilities, the price or other consideration therefor,
the scope and quality thereof, or the terms and conditions under which the same
are made available, including terms and conditions relating to credit, payment,
warranties, delivery, installations and repairs.
(6) Public Services: For any person engaged in the provision of public services, by
reason of race, color, creed, religion, ancestry or national origin, to fail or refuse to
provide to any person access to the use and benefit thereof, or to provide adverse,
unlawful or unequal treatment to any person in connection therewith.
(7) Financial Institutions. Lenders: For any person, bank, banking organization,
mortgage company, insurance company or other financial institution or lender to
whom application is made for financial assistance for the purchase, lease,
acquisition, construction, rehabilitation, repair or maintenance of any real property
or any agent or employee thereof, to discriminate against any person or group of
persons, because of the race, color, creed, religion, ancestry or national origin of
such person or group of persons or of the prospective occupants or tenants of
such real property in the granting, withholding, extending, modifying, renewing or in
the rates, terms, conditions or privileges of any such financial assistance or in the
extension of services in connection therewith.
(8) General: Aid or Abet: For any person, because of race, creed, religion, ancestry
or national origin, to conceal or attempt to conceal any unlawful discrimination or to
City of Prior Lake
109/p4
Administrative
aid, abet, compel, coerce, incite or induce, or attempt to induce, another person to
discriminate by any means, trick, artifice, advertisement or sign, or use any form of
application, or make any record or inquiry, or device whatsoever to bring about or
facilitate discrimination or to engage in or threaten to engage in any reprisal,
economic or otherwise, against any person by reason of the latter's filing a
complaint, testifying or assisting in the observance and support of the purposes
and provisions of this Section.
(9) Religious Organizations: Wherever organizations or bodies are exempt from any
of the provisions of this Section, such exemptions shall apply only to religious
qualifications for employment or residence in church owned or operated property,
and such organization shall not be exempt from any provisions of this Section
relating to discrimination based upon race, color, ancestry or national origin.
109.500: CONTRACTS WITH CITY: The City, and all of its contracting agencies,
departments and units, shall include in all contracts hereinafter entered, provisions
whereby each other contracting party agrees:
(1) That with respect to any and all businesses conducted or acts performed pursuant
to said contract, such other contracting party shall be deemed an employer within
the meaning of this Chapter and shall be subject to the provisions of this Chapter.
(2) That in the event said other contracting party fails to perform the aforesaid
contractual provisions, said contract may forthwith be terminated and cancelled in
whole or in part by the City and said other contracting party shall be liable for any
costs or expense incurred by it in obtaining from other sources the work and
services to be rendered or performed or the goods or properties to be furnished or
delivered to the City under the contract so terminated or cancelled.
(3) That should the City in a proceeding brought as hereinafter provided find that the
said contracting party has engaged in discrimination in connection with any such
contract and issue a cease and desist order with respect thereto, the City shall
withhold up to fifteen percent (15%) of the said contract price until such time as the
City's order has been compiled with or such other contracting party has been
abjudicated not guilty of such discrimination.
(4) That said other contracting party will permit access to any and all records
pertaining to hiring and employment and to other pertinent data and records for the
purpose of enabling the City, its agencies or representatives, to ascertain
compliance with the provisions of this Chapter applicable to said other contracting
party.
This Section shall be binding on all subcontractors or suppliers.
City of Prior Lake
109/p5
109.600:
109.700:
Administrative
RESPONSIBILITIES AND DUTIES OF CITY EMPLOYEES: All officials,
commissioners, agents, employees and servants of the City elected and appointed
including civil service employees and whether serving with or without
compensation, shall observe the terms and provisions of this Section, and shall,
except as expressly prohibited by law, respond promptly to and all requests by the
City for information and for access to data and records for the purpose of enabling
the City to carry out its responsibilities under this Section. The failure of any such
official, commissioner, agent, employee or servant of the City to comply with any
provisions of this Section relating to any matter within the scope of his official
duties shall be deemed a violation of this Section.
PENALTY: Any person who discriminates or commits any act of discrimination as
provided in this Section is guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not to exceed five hundred dollars ($500.00) for each
offense or by imprisonment of not to exceed ninety (90) days for each offense or
both such fine and imprisonment.
(This Space Intentionally Blank
For Future Amendments)
City of Prior Lake
109/p6
SUBSECTIONS:
110.100:
110.200:
110.300:
110.400:
110.500:
110.600:
110.700:
Administrative
SECTION 110
DISPOSITION OF PROPERTIES
(City and City-Held)
PURPOSE
DEFINITIONS
DISPOSITION OF REAL PROPERTY
DISPOSITION OF PERSONAL PROPERTY
RESTRICTIONS ON SALE TO CITY EMPLOYEES
ApPLICATION AND EXCEPTION OF PROVISIONS
DISPOSITION OF UNCLAIMED PROPERTY HELD BY CITY
110.100:
110.200:
110.300:
PURPOSE: The purpose of this Section is to establish a means whereby the City
may dispose of real or personal property.
DEFINITIONS:
Real Property: Land and its permanently affixed buildings or other structures,
together with its improvements and its natural assets, such as minerals, crops,
waters and with the inclusion of corporal or incorporeal rights that follow ownership
of the land and with the interests in such rights.
Personal Property: All property that is not real property, and other than the
property that has come into the hands of the Police Department through
impoundment.
Dispose Of. To sell, alienate, to furnish with, bargain away or otherwise conveyor
transfer ownership, but, not including destruction of waste materials or the sale of
supplies and materials or other properties by the City in the course of a service
being performed by the City in the ordinary scope of its Municipal function.
DISPOSITION OF REAL PROPERTY: After the adoption of the City's
Comprehensive Plan or any amendment thereof, no publically owned interest in
real property within the City shall be acquired or disposed of until after the Planning
Commission has reviewed the propsed disposal and reported in writin to the City
Council its findings as to compliance of the proposed disposal with the
Comprehensive Plan.
City of Prior Lake
110/p1
Administrative
110.301 Process for Approval: The City Manager shall be responsible for preparation and
processing for approval any real property, intended for disposal. At the time of
preparing to dispose of such property, the City Manager shall first secure
comments and recommendations from affected departments. However, this
procedure shall not be applicable when real property is used as a trade-in on the
purchase by the City of real property.
110.302 Notice of Bids: The City Manager shall prepare a notice inviting sealed bids, to be
published for two (2) consecutive weeks in the official newspaper and at least five
(5) calendar days must intervene between the date of the last publication and the
time for filing such sealed bids or proposals. This notice shall contain a description
of the property and the terms and conditions of sale.
110.303 Form of Bids:
(1) All bids shall be filed on forms furnished by the City Manager or his representative.
After receipt of the bids, the City Manager or his representative shall present a
listing of the bids to the City Council for acceptance. The highest bidder shall be
awarded the contract unless otherwise provided in the notice of bids.
(2) In the event the City Council rejects all bids as referred to in the notice of bids, it
may then authorize the City Manager to list the property for disposition with one or
more realtors or it may authorize the City Manager to negotiate the disposition in a
manner that he may deem appropriate. All final dispositions of real property shall
be by Council approval.
110.304 Filing of Bond: The City Manager may require that any person who files a bid
must also furnish a bond commonly referred to as a bidder's bond, or a cash
deposit in the amount of not less than five percent (5%) of his bid.
110.305 Auction Sales: In the event that it is determined by the City Manager that sealed
bids should not in the first instance be incorporated for the disposition of certain
property, then the proposed disposition must be submitted to the City Council for
approval of a public auction sale. All such public auctions shall comply with the
same procedure in that the City Manager shall be responsible for preparing a
notice to the official newspaper for at least two (2) consecutive weeks which must
be at least five (5) days before the actual date of the sale. Any such notice shall
describe the location of the auction sale and a description of the properties to be
sold. At the time of the public auction, the City shall be responsible for providing
the services of an auctioneer or other personal necessary to carry out the public
auction, the City shall be responsible for providing the services of an auctioneer or
other personnel necessary to carry out the public auction. The City Manager, upon
completion of the public auction, shall prepare a record of all transactions and file
such record with the City Clerk.
110.306 Books and Accounts: The City Manager shall be responsible for maintaining a
record of each sale and the disposition of money received.
City of Prior Lake
110/p2
110.307
110.308
110.400:
110.401
110.402
110.403
110.404
Administrative
Through action and approval of the City Council, the City may dispose of real
property in its possession without following the procedures contained in
subsections 110.302, 110.303 and 110.305, when such real property is intended to
be conveyed to another governmental subdivision, public corporation, the State, an
agency of the State, the Federal government, or an agency of the Federal
Government. In such cases, the City may sell or otherwise convey its land for a
nominal consideration, without consideration or such consideration as may be
agreed upon.
Through action and approval of the City Council, the City may dispose of real
property owned by the City in fee simple and not restricted by the grant, without
following the procedures contained in subsections 110.302 through 110.305, when
such real property is conveyed to encourage and promote industry and provide
employment for citizens by conveying said property to any person (individual(s),
partnership, corporate or other entity) for a nominal consideration or for such
consideration as may be agreed upon.
DISPOSITION OF PERSONAL PROPERTY:
All sales of City supplies, materials or equipment, or the rental thereof, shall
comply with the provisions of Minnesota Statutes, section 471.345, Uniform
Municipal Contracting Law, as amended from time to time, which is incorporated
herein by reference.
If the amount of the contract is estimated to be equal to or less than the amount
set forth in Minnesota Statutes, section 471.345, subdivision 5, the contract may
be made in the open market by the City Manager, but so far as practicable, said
contract shall be based on two (2) or more quotations which shall be kept on file
one year from date of receipt.
If the amount of the contract is estimated to be within the range set forth in
Minnesota Statutes, section 471.345, subdivision 4, the City Manager may
authorize either the receipt of sealed competitive bids or directly negotiate by
obtaining at least two (2) quotations without advertising or otherwise complying
with the requirements of competitive bidding. The City Manager may establish the
time for receipt of the sealed bids or quotations or such other requirements as he
deems appropriate. After review of the bids or quotations and any other comments
or information he may require, the City Manager shall make a recommendation to
the City Council. The City Council shall then either approve or disapprove the sale
of the property or, if the sealed bid procedure was not used, refer the matter back
to the City Manager for the taking of additional quotations. All quotations obtained
shall be kept on file for a period of at least one year after receipt thereof.
If the amount of the contract is estimated to exceed the amount set forth in
Minnesota Statutes, section 471.345, subdivision 3, the City Manager shall require
sealed bids to be solicited by public notice in the manner and subject to the
City of Prior Lake
110/p3
110.500:
110.600:
110.601
110.602
110.700:
Administrative
requirements of competitive bidding for the City.
RESTRICTIONS ON SALE To CITY EMPLOYEES: No property shall be sold to
any officer or employee of the City unless the sale is open, public and competitive.
ApPLICATION AND EXCEPTION OF PROVISIONS:
Application: The procedure set forth in this Section shall be applicable to any
manner or means of transfer, change of ownership or conveyance of property
belonging to the City unless otherwise provided by the City Council. The City may,
under some circumstances, dispose of property by ordinance not in accordance
with this procedure with a vote of not less than four (4) members of the Council.
Exception: The provisions of this Section shall not be applicable to perishable
property or dated property such as drugs or property that has been received by the
City in excess of quantities needed, when such property is disposed of in a manner
approved by the City Manager. (Ord. 76-5,4-19-76)
DISPOSITION OF UNCLAIMED PROPERTY HELD BY THE CITY:
Sale Of Unclaimed Property. Whenever any property of any nature, exclusive of
any motorized vehicle, lawfully comes into possession of the City in the course of
the Municipal operations of the City and such property remains unclaimed by the
owner thereof for a period of three (3) months or more, the City may dispose of
such property by the Chief of Police conducting a public auction or sale, following
the notice of such sale, such notice of sale shall be published in the official
newspaper and posted at least ten (10) days in advance of such sale on the
bulletin board located at the City Hall. If any such property is perishable or subject
to decay by keeping, it may be sold, if not claimed by the owner within ten (10)
days, upon five (5) days' posted notice, and if any such property be in a state of
decay or manifestly liable to decay, it may be summarily sold by order of the Chief
of Police, after inspection, without notice. All unclaimed property sold at such
auction or sale shall be sold to the highest bidder. All unclaimed property which is
not sold when offered for sale as provided in this Section shall become the
property of the City and may be destroyed or disposed of as directed by the Chief
of Police. All unclaimed property which may not be offered for sale or sold
according to law may, after sixty (60) days, be disposed of or destroyed as
directed by the Chief of Police after notice of disposition has been given in the
manner provided by this Section for saleable unclaimed property.
City of Prior Lake
110/p4
SUBSECTIONS:
111.100:
111.200:
111.300:
111.400:
111.500:
111.600:
Administrative
SECTION 111
SPECIAL ASSESSMENTS DEFERRAL
PROCEDURE ESTABLISHED
HARDSHIP DETERMINATION
EXCEPTIONAL AND UNUSUAL CIRCUMSTANCES
TERMINATION OF DEFERRAL
CONSIDERATION OF CIRCUMSTANCES NOT COVERED
CERTIFY TAXES PAID
111.100:
111.101
111.1 02
111.103
111.200 :
PROCEDURE ESTABLISHED: The City Council may defer the payment of any
special assessment on the homestead property owned by a person who qualifies
under one of the hardship criteria set forth in subsections 111.200 and 111.300.
The homeowner shall make application for deferred payment of special
assessments on a form prescribed by the Scott County Auditor and supplemented
by the Prior Lake City Manager. The application shall be made within thirty (30)
days after the adoption of the assessment roll by the City Council and shall be
renewed each year upon the filing of a similar application no later than September
30. This Section will be effective for all assessments levied beginning in 1985.
The City Manager shall establish a case number for each application; review the
application for complete information and details and make a recommendation to
the City Council to either approve or disapprove the application for deferment. The
City Council, by majority vote, shall either grant or deny the deferment and if the
deferment is granted, the City Council may require the payment of interest due
each year. renewal applications will be approved by the City Manager for those
cases whereby the original conditions for qualifications remain substantially
unchanged.
If the City Council grants the deferment, the City Manager shall notify the County
Auditor who shall in accordance with Minnesota Statutes, section 435.194, record
a notice of the deferment with the County Recorder setting forth the amount
assessment.
HARDSHIP DETERMINATION: A hardship is deemed to exist if the applicant
meets all of the following conditions:
(1 )
Any applicant must be sixty five (65) years of age, or older, and must own a legal
or equitable interest in the property applied for which must be the homestead of the
applicant.
City of Prior Lake
111 /p 1
111.300:
111.301
Administrative
(2)
The annual gross income of the applicant shall not be in excess of the income
limits as set forth by family size for the City of Prior Lake, Attachment A to
Ordinance 86-03 (adjusted annually in conjunction with the Minneapolis-St. Paul
Consumer Price Index). Calculation of the total family income shall be determined
by the summation of all available income sources of the applicant and spouse.
Income specified in the application should be the income of the year preceding the
year in which the application is made, or the average income of the three (3) prior
to the year in which the application is made, whichever is less.
(3)
The total special assessments to be deferred exceed one thousand dollars
($1,000.00).
(4)
Interest shall be charged on any assessment deferred pursuant to this Section at a
rate equal to the rate charged on other assessments for the particular public'
improvement project the assessment is financing. If the City Council grants as
assessment deferral to an applicant, the interest may also be deferred, or the
interest may be due and payable on a yearly basis up until the assessment period
terminates and only the principal is deferred. The decision as to whether the
principal and interest or just the principal is deferred is decided by the City Council
when considering the application.
EXCEPTIONAL AND UNUSUAL CIRCUMSTANCES: Notwithstanding the
foregoing provisions of this Section, the City Council, upon recommendation by the
City Manager, may consider exceptional and unusual circumstances pertaining to
a physical hardship relating to an applicant not covered by the conditions in
subsection 111.200. This authority is granted to the City Council pursuant to
section 435.193 of the Minnesota Statutes. Any determination shall be made in a
nondiscriminatory manner and shall not give the applicant an unreasonable
preference or advantage over the other applicants.
For any individual who does not qualify under the conditions set forth in subsection
111.200, the following conditions may qualify an applicant for an assessment
deferral. A hardship is deemed to exist if the applicant meets all of the following
conditions:
(1 )
An applicant must be retired by reason of permanent and/or total disability and
must own a legal or equitable interest in the property applied for which must be the
homestead of the applicant.
(2)
The annual gross income of the applicant shall not be in excess of the income
limits as set forth by family size for the City of Prior Lake, Attachment A to
Ordinance 86-03 (adjusted annually in conjunction with the Minneapolis-St. Paul
Consumer Price Index). Calculation of the total family income shall be determined
by the summation of all available income sources of the applicant and spouse.
Income specified in the application should be the income of the year preceding the
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year in which the application is made, or the average income of the three (3) years
prior to the year in which the application is made, whichever is lesser.
(3) The total special assessments to be deferred exceed one thousand dollars
($1,000.00).
Permanent and/or total disability shall be determined by using the criteria
established for "permanent and total disability" for Workman's Compensation, to
wit:
~ The total and permanent loss of the sight of both eyes.
~ The loss of both arms at the shoulder.
~ The loss of both legs so close to the hips that no effective artificial
members can be used.
~ Complete and permanent paralysis.
~ Total and permanent loss of mental faculties.
~ Any other injury which totally incapacitates the owner from working at an
occupation which brings him/her and income.
An applicant must substantiate the retirement by reason of permanent and/or total
disability by providing a sworn affidavit by a licensed medical doctor attesting that
the applicant is unable to be gainfully employed because of a permanent and/or
total disability.
111.400: TERMINATION OF DEFERRAL: The option to defer the payment of special
assessments shall terminate and all amounts accumulated plus applicable interest
shall become due upon the occurrence of anyone of the following events:
(1) The death of an owner when there is no spouse eligible for deferment.
(2) The sale, transfer, or subdivision os all or any part of the property, if such
transaction creates an increase of property value equal to or greater than the
amount of the deferred amount. Any transaction that produces a lesser result shall
be reviewed by Council as to its effect upon the deferred assessment as a whole.
A proportionate amount of the deferred assessment may be required to become
currant, if such transaction occurs on a piecemeal basis, to prevent overloading of
assessments on residual property.
(3) Loss of homestead status on the property.
(4) Determination by the City Council for any reason that there would be no hardship
to require immediate or partial payment.
(5) Failure to file a renewal application within the time prescribed in subsection
111.100.
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111.600:
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Upon the occurrence of one of the events specified in subsection 111.400, the City
Council shall terminate the deferment. Thereupon the City Manager shall notify
the County Auditor and County Assessor of the termination, including the amounts
accumulated on unpaid principal installments, plus any applicable interest, which
shall become due and payable as a result of the termination. The City Manager
may negotiate and establish a payment schedule on the principal and interest
owed after the deferment terminates.
CONSIDERATION OF CIRCUMSTANCES NOT COVERED: Nothing herein shall
be construed to prohibit the City Council from considering an application of
hardship on the basis of exceptional and unusual circumstances which are not
covered by the standards and guidelines as set forth in this Section. This
consideration and determination must be made in a nondiscriminatory manner so
as not to give the applicant an unreasonable preference or advantage over other
applicants.
CERTIFY TAXES PAID: The City of Prior Lake requires, as part of the necessary
information on an application, and as a condition of a grant of approval that an
applicant for an amendment to an official control established pursuant to
Minnesota Statute section 462.351 to 462.364, or for a permit or other approval
required under an official control established pursuant to those sections, to certify
that there are no delinquent property taxes, special assessments, penalties,
interest, and municipal utility fees due on the parcel to which the application
relates. In the case of taxes, assessments, penalties and interest, the certification
shall consist of a statement from the Scott County Assessor. Property taxes which
are being paid under the provisions of a stipulation, order, or confession of
judgment, or which are being appealed as provided by law, are not considered
delinquent for purposes of this subdivision if all required payments due under the
terms of the stipulation, order, confession of judgment, or appeal have been paid.
If there are delinquent taxes, assessments, penalties, interest or utility fees due on
the parcel for which an approval is being sought, the City Council shall attach as a
condition to ten approval being sought, a condition that said approval shall not be
effective until the delinquent amounts have been paid in full.
(This Space Intentionally Blank
For Future Amendments.)
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