HomeMy WebLinkAbout119-09 Ordinance Chapter 1 and 2 Rev with Attachments
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4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 119-09
AN ORDINANCE AMENDING CHAPTER 1 OF THE PRIOR LAKE CITY CODE
RELATING TO ADMINISTRATION AND ADOPTING BY REFERENCE CITY CODE
SECTION 104 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
Section 1. City Code Section 101 is amended as set forth in attached Exhibit A.
Section 2. City Code Section 102 is amended by revising subsection 102.400 as follows:
102.400: SEVERABILITY CLAUSE: If any chapter, subchapter, part, section,
subsection, paragraph, sentence, clause or phrase of this City Code or any
part thereof or its application to any person or circumstance is for any
reason held to be unconstitutional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Code, or any part thereof.
Section 3. City Code Section 103 is amended by: renaming subsection 103.100 from
“Construction” to “Interpretation”; deleting subsection 103.300 “Catchlines”;
revising the “Headings” bullet under 103.100 (2) as follows:
➢ Headings. Headings and captions used in this Code other than the chapter,
subchapter, part, section, and subsection numbers are employed for
reference purposes only and shall not be deemed a part of the text of any
section.
and revising the definition of “City Code or Code” under subsection 103.200 as
follows:
City Code or Code: All ordinances of a permanent and general nature of the
City, as revised, codified, rearranged, renumbered, and consolidated into
component codes, chapters, subchapters, parts, sections, and subsections.
Section 4. City Code Section 104 is amended by revising subsection 104.400 by changing
the title “Community and Economic Development Director” to “Community
Development Director”.
Section 5. City Code Section 105 is amended by revising subsection 105.301 as follows:
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105.301 Per Meetingolicy: In addition to the salaries set forth above, the
City Council deems it appropriate and prudent to remunerate the
Mayor and City Council members (for purposes of the following
subsections, Council member includes the Mayor) for
participation in certain meetings. Such remuneration encourages
members to become more informed regarding constituent issues
and be better representatives of the City.
revising subsection 105.303 as follows
105.303 Per Meeting Requests: A Councilmember requesting per
meeting remuneration for attending a qualifying per diem
meeting shall do so on forms prescribed by the Citytherefore. The
request to the Finance Department shall indicate the number of
meetings for which remuneration is requested, the date, time and
organization conducting the meeting and the Council members'
role at the meeting.
and by inserting a new subsection 105.400 to read as follows:
105.400: BYLAWS: The City Council may adopt additional rules and
procedures to govern its proceedings which shall be set forth in
City Council Bylaws.
Section 6. City Code Section 107 is amended as set forth in attached Exhibit B.
Section 7. City Code Section 111 is amended by deleting each instance of the word
“disposition” and replacing it with the word “disposal” and by revising
subsections 111.602, 111.603 and 111.604 as follows:
1101.602 Finder: If the true owner does not claim the property within a
period of three (3) months, the City may release the unclaimed
property to the finder of the property if, at the time of the delivery to
the City, the finder indicated in writing that the finder wished to
assert a claim to the property as finder. This subdivision is not
applicable if the property was found by a City employee in the
ordinary course of that employee’s duties.
111.603 Sale: If the property is not disposed of as provided above in
subsection 110.601 or 110.602 after a period of three (3) months,
the City may dispose of the property by the Chief of Police
conducting a public auction or sale or using a public auction service.
The public auction or sale shall be proceeded by ten (10) days'
published notice describing the property found or recovered and to be
sold, and specifying the time and place of the sale. The notice must
be published at least once in a legal newspaper published in the City.
If a public auction service is used the notice shall be published once
each calendar year. If any such property is perishable or subject to
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decay by keeping, it may be sold within ten (10) days, upon five (5)
days' published notice, and if any such property be in a state of decay
or manifestly liable to decay, it may be summarily sold by order of the
Chief of Police, after inspection, without notice. All unclaimed
property sold at such auction or sale shall be sold to the highest
bidder.
111.604 Disposal: All unclaimed property which is not sold when offered for
sale as provided abovein subsection 110.603 shall become the
property of the City and may be destroyed or disposed of as directed
by the Chief of Police. All unclaimed property which may not be
offered for sale or sold according to law may, after sixty (60) days, be
disposed of or destroyed as directed by the Chief of Police after
notice of disposal has been given in the manner provided by this
Section for saleable unclaimed property.
Section 8. City Code Section 112 is amended as set forth in attached Exhibit C.
Section 9. City Code Section 113 is amended as set forth in attached Exhibit D.
Section 10. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 11. This ordinance shall become effective upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 04th day of November 2019.
ATTEST:
_________________________ __________________________
Jason Wedel, City Manager Kirt Briggs, Mayor
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Exhibit A to Ordinance No._________
SECTION 101
TITLE AND APPLICATION
SUBSECTIONS:
101.100: TITLE
101.200: ACCEPTANCE
101.300: AMENDMENTS
101.400: ADOPTION OF LAWS
101.500: COPIES OF CODE
101.600: FUTURE ORDINANCES
101.100: TITLE: All ordinances of a permanent and general nature of the city, as revised,
codified, rearranged, renumbered, and consolidated into component codes, parts,
sections, and subsections shall be known and designated as the “Prior Lake City
Code”, which also may be referred to as “City Code”, “the Code” or “this Code”.
Any internal reference to ordinances, codes, chapters, subchapters, parts, sections,
subsections, or provisions or words of like import are presumed to be references to
components of this Code unless otherwise specified. All references and citations
to this Code shall be deemed to include all additions and amendments to the Code.
101.200: ACCEPTANCE: Thise City Code shall be received without further proof in all
courts and in all administrative tribunals of this State as the ordinances of the City of
general and permanent effect, except the excluded ordinances enumerated in
subsection 102.100.
101.300: AMENDMENTS: Any ordinance amending the City Code shall set forth the section
or subsection numbers to be amended and shall be incorporated into the Code as
of its effective date. The word "ordinance" contained in the ordinances of the City
have been changed in the content of this City Code to “chapter”, “subchapter”,
"part", "section" and/or "subsection" or words of like import for organizational and
clarification purposes only. Such change to the City's ordinances is not meant to
amend passage and effective dates of such original ordinances. When an
ordinance is integrated into the Code, there may be omitted from the ordinance
the title, enacting clause, section numbers, definitions of terms identical to those
contained in this Code, the clause indicating date of adoption, and validating
signatures and dates. In integrating ordinances into the Code, the City Clerkcity
manager, in cooperation with the city attorney, may correct obvious grammatical,
punctuation and spelling errors; change reference numbers to conform with
chapters, subchapters, parts, sections, and subsections; substitute figures for
written words and vice versa; substitute dates for the words "the effective date of
this ordinance"; and perform like actions to insure a uniform code of ordinances
without, however, altering the meaning of the ordinances enacted.
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101.400: ADOPTION OF LAWS: Whenever a provision in this Code adopts the provisions
of state or federal law or state or federal regulations by reference it also adopts
by reference any subsequent amendments of such law or regulation, except
where there is a clearly stated intention to the contrary.
101.500: COPIES OF CODE: Copies of this Code are kept in the office of the City
ClerkManager for public inspection and sale for a reasonable charge.
101.600: FUTURE ORDINANCES: All provisions of this ChapterPart 1 shall apply to
ordinances hereafter adopted which amend or supplement this Code unless
otherwise specifically provided.
(Amd. Ord. 117-17, publ. 10/21/2017)
(This Space Intentionally Blank
For Future Amendments)
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Exhibit B to Ordinance No._________
SECTION 202107
PLANNING ADVISORY COMMISSION
SUBSECTIONS:
202107.100: COMMISSION CREATED, COMPOSITION
202107.200: REMOVAL OF MEMBER
202107.300: MEETINGS RULES
202107.400: DUTIES OF COMMISSION
107.500: SALARIES
107.600 BYLAWS
202107.100: COMMISSION CREATED, COMPOSITION: A Planning Advisory Commission is
hereby created for the City, its purpose to be of an advisory nature to the City
Council and staff.
Said Planning Advisory Commission shall be composed of five (5) members,
appointed by the City Council. Only residents of the City shall be considered for
appointment. Said members shall serve for three (3) year terms serving from
November 1 to October 31.
The members of said Planning Advisory Commission shall annually elect a
chairperson and vice-chairperson from the appointed members of their Board.
(amd. Ord. 105-23 – pub 10/22/05)
202107.200: REMOVAL OF MEMBER: Any member of the Planning Advisory Commission may
be removed from office for just cause and unwritten charges by a two-thirds (2/3)
vote of the entire Council, but such member shall be entitled to a public hearing
before such a vote is taken. In addition, any member may be removed for
nonattendance at Planning Commission meetings without action by the City Council
according to rules adopted by the Planning Commission.Any member of the
Planning Commission may be removed from office by a four-fifths (4/5) vote of
the entire City Council for reasons including but not limited to: (i) failure to attend
a minimum of 75% of meetings; (ii) failure to attend site visits/inspections; (iii)
failure to review and understand agenda materials; (iv) failure to participate in an
appropriate and productive manner; (v) failure to continue to meet any
requirement set forth in Section 203; and (vi) failure to comply with any provision
of these bylaws or any federal, state or local rule or regulation.
202107.300: MEETINGS RULES: The Planning Commission will meet on the second and
fourth Monday of each month, or at such other time as may be deemed necessary,
providing adequate notice is furnished of the public meeting.
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202107.400: DUTIES OF COMMISSION: The duties of said Planning Commission are as
follows:
(1) To acquire and maintain in current form such basic information and background
data that is necessary to an understanding of past trends, present conditions and
forces at work to cause changes in these conditions.
(2) With the advice of the City Planner, Tto prepare, draft and recommend
amendments to the Comprehensive Plan for review by the City Council on the
advice of the City Community Development Director.
(3) To recommend policies to the City Council for guiding action affecting development.
(4) To determine whether specific proposed developments conform to the principles
and requirements for the Comprehensive Plan and the City Codeordinances.
(5) To keep the City Council and the general public informed and advised as to all
planning and development matters.
(6) To review and make recommendations to the Council on planned unit development
and subdivision proposals.
(7) To hold public hearings for subdivisions, planned unit developments and rezoning
applications and furnish the Council with information and recommendations of such
hearings.
(8) To prepare and submit to the City Council within sixty (60) days after the end of the
calendar year a summary report of all variances granted to applicants from January
1 through December 31 of that calendar year. The summary report shall contain
such information as deemed necessary and requested by the Council.
(9) To act as the City of Prior Lake’s Board of Appeals and Adjustments including to
hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by an administrative officer in the
enforcement of the zoning ordinance and to hear requests for variances from the
requirements of the zoning ordinance including restrictions placed on
nonconformities.
202.500107: SALARIES:
107.501 Per MeetingPer diem. The City Council deems it appropriate and prudent
to remunerate the Planning Commission members for participation in
certain meetings. Such remuneration encourages members to become
more informed regarding constituent issues and be better representatives of
the City.Planning Commissioners may be eligible for per diem
remuneration.
107.502 Per Meeting RatePer diem Rate. For each eligible meeting attended, a
Planning Commission memberer will receive $100 to remunerate time spent
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and out-of-pocket expenses.
107.503 Per Meeting Requests: A Planning Commission member requesting per
meeting remuneration for attending a qualifying meeting shall do so on
forms prescribed by the City. The request to the Finance Department shall
indicate the number of meetings for which remuneration is requested, the
date, time and organization conducting the meeting and the Planning
Commission member’s role at the meeting.
107.504 Qualifying Per Diem mMeetings. The Finance Department will approve
per meetingdiem remuneration requests only for regularly planned meetings
occurring on the regularly scheduled of the Planning Commission meeting
night (second and fourth Monday of the month or second or fourth Tuesday
in the event of a Monday holiday) whether the meeting is a regular meeting
or workshop. Remuneration will also be approved for special
meetings/workshops which are necessary to conduct Planning Commission
business (such as specially scheduled variance hearings and joint meetings
with the City Council). Remuneration will not be approved for meetings to
which the Planning Commission member is invited but are not specific to
conducting Planning Commission business (such as City Council meetings,
SCALE meetings and advisory committee meetings). occurring on the
second or fourth Tuesday as a result of a Monday holiday. In order to
receive the per diem payment, the Planning Commission memberer must
have attended the entire meeting.
(Amd. Ord 107-06, adopted 04/02/07)
107.600: BYLAWS: The Planning Commission, subject to City Council review and
approval, is authorized to adopt is own rules and procedures to govern its
proceedings which shall be set forth in Planning Commission Bylaws.
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Exhibit C to Ordinance No._________
SECTION 1112
SPECIAL ASSESSMENTS DEFERRMENTAL
SUBSECTIONS:
1112.100: PROCEDURE ESTABLISHED
1112.200: ELIGIBILITYHARDSHIP DETERMINATION
1112.300: HARDSHIP DETERMINATIONEXCEPTIONAL AND UNUSUAL CIRCUMSTANCES
1112.400: TERMINATION OF DEFERRMENTAL
1112.500: EXCEPTIONAL AND UNUSUAL CIRCUMSTANCES CONSIDERATION OF
CIRCUMSTANCES NOT COVERED
1112.600: CERTIFY TAXES PAID
1112.100: PROCEDURE ESTABLISHED: The City Council may defer the payment of any
special assessment on the homestead property owned by a person who qualifies
under one of the hardship criteria set forth in this Sectionsubsections 111.200 and
111.300.
1112.101 The homeowner shall make application for deferred payment of special
assessments on a form prescribed by the Scott County Auditor and supplemented
by the Prior Lake City Manager. The application shall be made within thirty (30)
days after the adoption of the assessment roll by the City Council and mustshall be
renewed each year byupon the filing of a similar application no later than
September 30. This Section will be effective for all assessments levied beginning in
1985.
1112.102 The City Manager shall establish a case number for each application;
review the application for complete information and details and make a
recommendation to the City Council to either approve or disapprove the application
for deferment. The City Council, by majority vote, shall either grant or deny the
deferment and if the deferment is granted, the City Council may require the
payment of interest due each year. Renewal applications maywill be approved by
the City Manager for those cases whereby the original conditions for qualifications
remain substantially unchanged.
1112.103 If the City Council grants the deferment, the City Manager shall notify the
County Auditor who shall in accordance with Minnesota Statutes, section 435.194,
record a notice of the deferment with the County Recorder setting forth the amount
of the deferred assessment.
112.200: ELIGIBILITY: A deferment is available for homestead property which is either (a)
owned by a person 65 years of age or older or retired by virtue of a permanent and
total disability for whom it would be a hardship to make the payments; or (b) owned
by a person who is a member of the Minnesota National Guard or other military
reserves who is ordered into active military service, as defined in Minn. Stat. Sec.
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190.05, subdivision 5b or 5c, as stated in the person's military orders, for whom it
would be a hardship to make the payments.
1112.2300: HARDSHIP DETERMINATION: A hardship is deemed to exist if the applicant
meets all of the following conditions:
(1) Any applicant must be sixty five (65) years of age, or older, and must own a legal or
equitable interest in the property applied for which must be the homestead of the
applicant.
(21) The annual gross income of the applicant does not exceed the 50% income limits
for Scott County established annually by the U.S. Department of Housing and
Urban Development for the year preceding the year in which the application is
made. The annual gross income of the applicant shall not be in excess of the
income limits as set forth by family size for the City of Prior Lake, Attachment A to
Ordinance 86-03 (adjusted annually in conjunction with the Minneapolis-St. Paul
Consumer Price Index). Calculation of the total family income shall be determined
by the summation of all available income sources of the applicant and spouse.
Income specified in the application should be the income of the year preceding the
year in which the application is made, or the average income of the three (3) years
prior to the year in which the application is made, whichever is less.
(32) The total special assessments to be deferred exceeds one thousand dollars
($1,000.00).
(43) Interest shall be charged on any assessment deferred pursuant to this Section at a
rate equal to the rate charged on other assessments for the particular public
improvement project the assessment is financing. If the City Council grants an
assessment deferrmental to an applicant, the interest may also be deferred, or the
interest may be due and payable on a yearly basis up until the assessment period
terminates and only the principal is deferred. The decision as to whether the
principal and interest or just the principal is deferred shall beis decided by the City
Council when considering the application.
111.300: EXCEPTIONAL AND UNUSUAL CIRCUMSTANCES: Notwithstanding the
foregoing provisions of this Section, the City Council, upon recommendation by the
City Manager, may consider exceptional and unusual circumstances pertaining to a
physical hardship relating to an applicant not covered by the conditions in
subsection 111.200. This authority is granted to the City Council pursuant to section
435.193 of the Minnesota Statutes. Any determination shall be made in a
nondiscriminatory manner and shall not give the applicant an unreasonable
preference or advantage over the other applicants.
111.301 For any individual who does not qualify under the conditions set forth in subsection
111.200, the following conditions may qualify an applicant for an assessment
deferral. A hardship is deemed to exist if the applicant meets all of the following
conditions:
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(1) An applicant must be retired by reason of permanent and/or total disability and must
own a legal or equitable interest in the property applied for which must be the
homestead of the applicant.
(2) The annual gross income of the applicant shall not be in excess of the income limits
as set forth by family size for the City of Prior Lake, Attachment A to Ordinance 86-
03 (adjusted annually in conjunction with the Minneapolis-St. Paul Consumer Price
Index). Calculation of the total family income shall be determined by the summation
of all available income sources of the applicant and spouse. Income specified in
the application should be the income of the year preceding the year in which the
application is made, or the average income of the three (3) years prior to the year in
which the application is made, whichever is lesser.
(3) The total special assessments to be deferred exceeds one thousand dollars
($1,000.00).
Permanent and/or total disability shall be determined by using the criteria
established for "permanent and total disability" for Workman's Compensation, to wit:
➢ The total and permanent loss of the sight of both eyes.
➢ The loss of both arms at the shoulder.
➢ The loss of both legs so close to the hips that no effective artificial members
can be used.
➢ Complete and permanent paralysis.
➢ Total and permanent loss of mental faculties.
➢ Any other injury which totally incapacitates the owner from working at an
occupation which brings him/her and income.
An applicant must substantiate the retirement by reason of permanent and/or total
disability by providing a sworn affidavit by a licensed medical doctor attesting that
the applicant is unable to be gainfully employed because of a permanent and/or
total disability.
1112.400: TERMINATION OF DEFERRMENTAL: The option to defer the payment of special
assessments shall terminate and all amounts accumulated plus applicable interest
shall become due and payable upon the occurrence of any one of the following
events:
(1) The death of an owner when there is no spouse eligible for deferment.
(2) The sale, transfer, or subdivision of all or any part of the property, if such
transaction creates an increase of property value equal to or greater than the
amount of the deferred amount. Any transaction that produces a lesser result shall
be reviewed by Council as to its effect upon the deferred assessment as a whole. A
proportionate amount of the deferred assessment may be required to become
current, if such transaction occurs on a piecemeal basis, to prevent overloading of
assessments on residual property.
(3) Loss of homestead status on the property.
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(4) Determination by the City Council for any reason that there would be no hardship to
require immediate or partial payment.
(5) Failure to file a renewal application within the time prescribed in this
Sectionsubsection 111.100.
Upon the occurrence of one of these events specified in subsection 111.400, the
City Council shall terminate the deferment. Thereupon the City Manager shall notify
the County Auditor and County Assessor of the termination, including the amounts
accumulated on unpaid principal installments, plus any applicable interest, which
shall become due and payable as a result of the termination. The City Manager
may negotiate and establish a payment schedule on the principal and interest owed
after the deferment terminates.
1112.500: EXCEPTIONAL AND UNUSUAL CIRCUMSTANCES:CONSIDERATION OF
CIRCUMSTANCES NOT COVERED: Nothing herein shall be construed to prohibit
the City Council from considering an application of hardship on the basis of
exceptional and unusual circumstances which are not covered by the standards
and guidelines as set forth in this Section. This consideration and determination
must be made in a nondiscriminatory manner so as not to give the applicant an
unreasonable preference or advantage over other applicants.
111.600: CERTIFY TAXES PAID: The City of Prior Lake requires, as part of the necessary
information on an application, and as a condition of a grant of approval that an
applicant for an amendment to an official control established pursuant to Minnesota
Statute section 462.351 to 462.364, or for a permit or other approval required under
an official control established pursuant to those sections, to certify that there are no
delinquent property taxes, special assessments, penalties, interest, and municipal
utility fees due on the parcel to which the application relates. In the case of taxes,
assessments, penalties and interest, the certification shall consist of a statement
from the Scott County Assessor. Property taxes which are being paid under the
provisions of a stipulation, order, or confession of judgment, or which are being
appealed as provided by law, are not considered delinquent for purposes of this
subdivision if all required payments due under the terms of the stipulation, order,
confession of judgment, or appeal have been paid.
If there are delinquent taxes, assessments, penalties, interest or utility fees due on
the parcel for which an approval is being sought, the City Council shall attach as a
condition to the approval being sought, a condition that said approval shall not be
effective until the delinquent amounts have been paid in full.
(This Space Intentionally Blank
For Future Amendments.)
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Exhibit D to Ordinance No._________
SECTION 113201
EMERGENCY MANAGEMENTCIVIL DEFENSE ORGANIZATION
SUBSECTIONS:
201113.100: PURPOSE
201113.200: DEFINITIONS
201113.300: CIVIL DEFENSEEMERGENCY MANAGEMENT AGENCY, DIRECTORMANAGER
201113.400: CIVIL DEFENSEEMERGENCY MANAGEMENT ADVISORY COMMITTEE
201113.500: POWERS AND DUTIES OF DIRECTORMANAGER
201113.600: CIVIL DEFENSEEMERGENCY MANAGEMENT WORKERS, GENERAL PROVISIONS
201113.700: EMERGENCY REGULATIONS
201113.800: CIVIL DEFENSEEMERGENCY MANAGEMENT TAX; ACCOUNT
201.900: FALLOUT SHELTERS IN PUBLIC STRUCTURES
201113.91000: CONFORMITY AND COOPERATION WITH THE FEDERAL AND STATE AUTHORITY
201113.11000: LABOR DISPUTE OR POLITICAL PARTICIPATION PROHIBITED
201113.12100: PENALTY
201113.100: PURPOSE: Because of the existing and increasing possibility of the occurrence of
disasters of unprecedented size and destructiveness resulting from enemy attack,
sabotage and other hostile action;, from acute shortages of equipment or energy,
incidents at nuclear power plants, or other health concerns; or from fire, flood,
earthquake or other natural causes, and in order to insure that preparations of the
City will be adequate to deal with such disasters, and generally to provide for the
common defense and to protect the public peace, health and safety, and to
preserve the lives and property of the people of the City, it is found and declared to
be necessary:
(1) To establish a local organization for emergency managementcivil defense;
(2) To provide for the exercise of necessary powers during civil defense emergencies;
and
(3) To provide for the rendering of mutual aid between the City and the other political
subdivisions of the State and of other states with respect to carrying out of
emergency management civil defense functions.
It is further declared to be the purpose of this Section and the policy of the City that
all emergency managementcivil defense functions of the City be coordinated to the
maximum extent practicable with the comparable functions of the Federal
government, of the State, the County and of other state and localities, and of private
agencies of every type, to the end that the most effective preparations and use may
be made of the nation's manpower, resources and facilities, for dealing with any
disaster that may occur.
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201113.200: DEFINITIONS:
Civil DefenseEmergency Management: The preparation for and the carrying out
of all emergency functions, other than functions for which military forces are
primarily responsible, to prevent, minimize and repair injury and damage resulting
from disaster caused by enemy attack, sabotage or natural causes. These
functions include, without limitation, fire-fighting services, police services, medical
health services, rescue, engineering, warning services, communications,
radiological, chemical and other special weapons for defense, evacuation of
persons from stricken areas, emergency welfare services, emergency
transportation, existing or properly assigned functions of plant protection, temporary
restoration of public utility services, utilization of best available fallout shelters and
other functions related to civilian protection, together with all other activities
necessary or incidental to preparation for and carrying out the foregoing functions.
Civil Defense Emergency: An emergency declared by the Governor under State
or Federal lawMinnesota Statutes, section 12.31, or an emergency proclaimed by
the Mayor under Minn. Stat. Sec. 12.29 and/or Sec. 12.37subsection 201.700 of
this Section.
Civil DefenseEmergency Management Forces: Any personneal employed by
the City and any other volunteer or paid member of the local civil
defenseemergency management agency engaged in carrying on emergency
managementcivil defends functions in accordance with the provisions of this
Section or any related rule or order thereunder.
201113.300: CIVIL DEFENSEEMERGENCY MANAGEMENT AGENCY,
MANAGERDIRECTOR:
201113.301 Agency Established: There is hereby created within the City government
an Civil DefenseEmergency Management Agency, which shall be under the
supervision and control of a DirectorManager of Civil DefenseEmergency
Management, hereinafter called the DirectorManager.
201113.302 Civil DefenseEmergency Management DirectorManager: The
DirectorManager shall be appointed by the City CouncilMayor for an indefinite term
and may be removed by the City Councilhim at any time. The Director may be
removed by him at any time. The DirectorManager may be compensated at a rate
to be determined by the City Council, together with his necessary expenses. The
DirectorManager shall have direct responsibility for the organization, administration
and operation of the Civil DefenseEmergency Management Agency, subject to the
direction and control of the City ManagerMayor.
201113.303 Functions of the Agency: The Civil DefenseEmergency Management
Agency shall be organized into such divisions and bureaus, consistent with State
and local civil defenseemergency management plans, as the DirectorManager
deems necessary to provide for the efficient performance of local emergency
managementcivile defense functions during an civil defense emergency. The Civil
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DefenseEmergency Management Agency shall perform civil defenseemergency
management functions within the CityVillage and in addition, shall conduct such
functions outside the CityVillage as may be required pursuant to the provisions of
the National Incident Management System, applicable State statutes, Minnesota
Civil Defense Act of 1951, as amended, or this Section.
201.400: CIVIL DEFENSE ADVISORY COMMITTEE: There is hereby created within the
Civil Defense Agency a Civil Defense Advisory Committee, hereinafter called the
"Committee". Members of the Committee shall be appointed by the Mayor to
represent City Departments and other groups concerned with civil defense. The
Mayor shall be chairman and the Director and the City Council on all matters
pertaining to civil defense. Each member shall serve without compensation and
shall hold office at the pleasure of the Mayor.
201113.500: POWERS AND DUTIES OF DIRECTORMANAGER:
201113.501 The DirectorManager, with the consent of the Mayor, shall represent the
City on any regional or State organization for civil defenseemergency management.
The ManagerHe shall develop proposed mutual aid agreements with other political
subdivision within or outside the State for reciprocal civil defenseemergency
management aid and assistance in an civil defense emergency too great to be dealt
with unassisted, and he shall present such agreements to the Council for its action,.
Such arrangements shall be consistent with the National Incident Management
System and State civil defenseemergency management plan and during an civil
defense emergency, it shall be the duty of the Civil DefenseEmergency
Management Agency and civil defenseEmergency Management fForces to render
assistance in accordance with the provisions of such mutual aid arrangements.
Any mutual aid arrangement with a political subdivision of another state shall be
subject to the approval of the Governor.
201113.502 The DirectorManager shall make such studies and surveys of the
personnelmanpower, industries, resources and facilities of the City, including fallout
shelters, as the Managerhe deems necessary to determine their adequacy for civil
defenseemergency management, and to plan for their most efficient use in time of
an civil defense emergency.
201113.503 The DirectorManager shall prepare a comprehensive general plan for the
civil defenseemergency management of the City which will include a community
shelter plan utilizing the established fallout shelters and shall present such plan to
the City Managerouncil for its approval. When the City Managerouncil has
approved the plan by resolution, it shall be the duty of all Municipal agenciesCity
officials and employees and all City civil defenseEmergency Management Fforces
of the City to perform the duties and functions assigned by the plan as approved.
The plan may be modified in like manner from time to time. The DirectorManager
shall coordinate the civil defenseemergency management activities of the City to
the end that they shall be consistent and fully integrated with the civil
defenseemergency management plans of other political subdivisions within the
State.
Page 16 of 20
201113.504 In accordance with the State and City civil defenseemergency management
plan, the DirectorManager shall institute such training programs and public
information programs and shall take all other preparatory steps, including the partial
or full mobilization of civil defenseEmergency Management Fforces in advance of
actual disaster, as may be necessary to the prompt and effective operation of the
City civil defenseemergency management plan in time of an civil defense
emergency. The ManagerHe may from time to time, conduct such practice air-raid
alerts or other civil defense exercises as he may deem necessary.
201113.505 The DirectorManager shall utilize the personnel, services, equipment,
supplies and facilities of existing departments and agencies of the City to the
maximum extent practicable and shall, cooperate with and extend such services
and facilities to otherthe local Civil Defenseemergency management aAgenciesy
and to the Governor upon request. The head of each department and agency, in
cooperation with and under the direction of the DirectorManager, shall be
responsible for the planning and the programming of such civil defenseemergency
management activities as will involve the utilization of the facilities of theis
department or agency.
201113.506 The DirectorManager shall, in cooperation with existing City departments
and agencies affected, organize, recruit and train fallout shelter managers,
radiological monitors, police reserves, rescue personnel and any other personnel
that any other personnel that may be required on a volunteer basis to carry out the
civil defenseemergency management plans of the City and the State. To the extent
that such emergency personnel are recruited to augment a regular City department
or agency for civil defense emergencies, they shall be assigned to such department
or agency for purposes of administration and command. The DirectorManager may
dismiss any civil defenseemergency management volunteer at any time and require
themhim to surrender any equipment and identification furnished by the City.
201113.507 Consistent with the civil defenseemergency management plan, the
directorManager shall provide and equip emergency hospitals, casualty stations,
ambulances, canteens, evacuation centers and other facilities, or conveyances for
the care of the injured or homeless persons.
201113.508 The DirectorManager shall carry out all orders, rules and regulations issued
by the Governor pertaining to civil defenseemergency management.
201113.509 The DirectorManager shall direct and control the general operations of all
local civil defenseEmergency Management Fforces during an civil defense
emergency in conformity with controlling regulations and instructions of State civil
defenseemergency management authorities. The heads of departments and
agencies shall be governed by the Manager’shis orders in respect thereto.
201113.510 Consistent with the civil defenseemergency management plan, the
DirectorManager shall provide and equip at some suitable place in the CityVillage
an emergency operating center, and if required by the local civil defenseemergency
management plan, auxiliary centers to be used during an civil defense emergency
as headquarters for direction and control of civil defenseEmergency Management
Fforces. The ManagerHe shall arrange for representation at the center by
CityMunicipal departments and agencies, public utilities and other agencies
Page 17 of 20
authorized by Federal or State authority to carry on civil defenseemergency
management activities during an civil defense emergency. The ManagerHe shall
arrange for the installation ofat the emergency operating center, of necessary
facilities for communication with and between heads of civil defenseemergency
management divisions, the stations and operating units of CityMunicipal services
and other agencies concerned with civil defenseemergency management and for
communication with other communities and emergency operating centers, within
the surrounding area and with the Federal and State agencies concerned.
201113.511 During the first thirty (30) days of an civil defense emergency, if the State
Legislature is in session or the Governor has coupled his declaration of the
emergency with a call for a special session of the State Legislature, the
DirectorManager may, when necessary to save life or property, require any person,
except members of the Federal or State military forces and officers of the State or
any other political subdivision, to perform services for civil defenseemergency
management purposes as he directeds; and the Managerhe may commandeer, for
the time being, any motor vehicle, tools, appliances or any other property, subject to
the owner's right to just compensation as provided by law.
201113.600: CIVIL DEFENSEEMERGENCY MANAGEMENT WORKERS, GENERAL
PROVISIONS:
113.601 The Manager shall have the authority to appoint, direct, manage and dismiss all
Emergency Management Forces including existing City personnel and volunteers
from their emergency management positions.
201.601 Oath: No person shall be employed or associated in any capacity in the Civil
Defense Agency who advocates or has advocated a change by force or violence in
the constitutional forms of government of the United States or in this State, or the
overthrow of any government in the United States by force or violence, or who has
been convicted of or is under indictment for information checking any subversive act
against the United States. Each person who is appointed to serve in the Civil
Defense Agency shall, before entering upon his duties, take an oath in writing
before a person authorized to administer oaths in this State, or before any officer of
the State Department of Civil Defense, or the local (or County) Director.
The oath shall be substantially in the form prescribed by Minnesota Statutes,
section 12.43.
201113.602 Call to Service: Civil defenseEmergency management volunteers shall be
called into service only in case of an civil defense emergency or a natural disaster
for which the regular CityMunicipal forces are inadequate or for necessary training
and preparation for such emergencies. All volunteers shall serve without
compensation.
201.603 Identification Required: Each civil defense volunteer shall be provided with such
suitable insignia or other identification as may be required by the Director. Such
identification shall be in a form and style approved by the Federal government. No
volunteer shall exercise any authority over the person or property of others without
Page 18 of 20
his identification of a volunteer or otherwise represent himself to be an authorized
volunteer.
201113.6043 Firearms Prohibited: No civil defenseemergency management volunteer
shall carry any firearm while on duty except on written order of the Chief of the
Police Department.
201113.6054 Provisions Not Applicable: Personnel procedures of the City applicable to
regular employees shall not apply to volunteer civil defenseemergency
management workers, but shall apply to paid employees of the Civil
DefenseEmergency Management Agency.
201113.700: EMERGENCY REGULATIONS:
201.701 When used in this Section, the term "civil defense emergency" includes, in addition
to the meaning given in subsection 201.200 of this Section, disasters caused by
fire, flood, windstorm or other natural causes.
201113.7021 Whenever necessary to meet an civil defense emergency or to prepare for
such an emergency for which adequate regulations have not been adopted by the
Governor or the City Council, the City ManagerMayor may by proclamation
promulgate regulations, consistent with applicable Federal or State law or
regulations respecting: protection against attacknuclear missiles; the sounding of
aattack warning; the conduct of persons and the use of property during
emergencies; the repair, maintenance and safeguarding of essential public
services; emergency health, fire and safety regulations, trial drills or practice periods
required for preliminary training; and all other matters which are required to protect
public safety, health and welfare in civil defense emergencies.
201113.7032 Every proclamation of emergency regulations shall be in writing, and signed
by the City Manager and shallMayor; shall be dated; shall refer to the particular civil
defense emergency to which it pertains. All such proclamations, if so limited; and
shall be filed in the office of the City Clerk, where a copy shall be posted and
available for public inspection during business hours. Notice of the existence of
such regulation and its availability for inspection at the Clerk's office shall be
conspicuously posted at the front of the City Hall or other headquarters of the City
and at such other places in the affected area as the City ManagerMayor shall
designate in the proclamation. The Thereupon the regulation shall take effect
immediately or at such later time as may be specified in the proclamation. All such
regulations may be modified or rescinded by the City Manager following the same
procedure.By like proclamation the Mayor may modify or rescind any such
regulation.
201113.7043
The City Council may rescind any such regulation by resolution at any time. If not
sooner rescinded, every such regulation shall expire at the end of thirty (30) days
after its effective date or at the end of the civil defense emergency to which it
relates, whichever occurs first.; Any ordinance, rule or regulation inconsistent with
Page 19 of 20
an emergency regulation promulgated by the City ManagerMayor shall be
suspended during the period of time and to the extent that such conflict exists.
201113.7054 During an civil defense emergency, the City is, notwithstanding any
statutory or charter provision to the contrary, empowered, through its governing
body acting within or without the corporate limits of the City to enter into contracts
and incur obligations necessary to combat such emergencydisaster by protecting
the health and safety of persons and property, and providing emergency assistance
to the victims of such disaster. The City may exercise such powers in the light of
exigencies of the disaster without compliance with the time-consuming procedures
and formalities prescribed by law pertaining to the performance of public work,
entering into contracts, incurring of obligations, employment of temporary workers,
rental of equipment, purchase of supplies and materials, limitations upon tax levies,
and the appropriation and expenditure of public funds including, but not limited to,
publication of ordinances and resolutions, publication of calls for bids, provisions of
civil service laws and rules, provisions relating to low bids, and requirements for
budgets.
201.706 During a civil defense emergency the Mayor is authorized to contract on behalf of
the City for services or for the purchase of merchandise or materials where the
amount does not exceed one thousand dollars ($1,000.00). The Mayor may take
such action without prior approval of the Council, and without compliance with
regular purchasing and bidding procedures, but all claims resulting therefrom shall
be audited and approved by the Council as in the case of other purchases and
contracts.
201113.800: CIVIL DEFENSEEMERGENCY MANAGEMENT TAX; ACCOUNT: There is
hereby established an account in the General Fund to be known as the Civil
DefenseEmergency Management Account. Into this Fund shall be placed the
proceeds of taxes levied for civil defenseemergency management, money
transferred from other funds, gifts and other revenues of the Civil
DefenseEmergency Management Agency. From it shall be made expenditures for
the operation and maintenance of the Civil DefenseEmergency Management
Agency and other expenditures for civil defenseemergency management. Regular
accounting, disbursement, purchasing, budgeting and other financial procedures of
the City shall apply to the Civil DefenseEmergency Management Fund insofar as
practicable; but budgeting requirements and other financial procedures shall not
apply to expenditures from the Fund in any case when their application will prevent
compliance with terms and conditions of a Federal or State grant of money or
property for civil defenseemergency management purposes.
The Director shall, as soon as possible after the end of each year, prepare and
present to the City Council for the information of the Council and the public, a
comprehensive report of the activities of the Civil Defense Agency during the year.
201.900: FALLOUT SHELTERS IN PUBLIC STRUCTURES: It is the policy of the City that
fallout shelters be incorporated into all public buildings of the City to the fullest
extent practicable in order to provide protection against radiation in the event of
nuclear attack.
Page 20 of 20
The City Council shall require that all contracts for the design or construction of
public buildings, including additions to or alterations of existing structures,
incorporate fallout protection for at least the normal anticipated daily population of
the building. The fallout shelter protection provided for shall meet or exceed
minimum space and fallout protection criteria recommended by the office of civil
Defense, United State Department of Defense, unless exempted from such shelter
requirements as provided herein.
The Council may exempt buildings or structures from the requirements of this
Section where it finds that such incorporation of fallout shelters will create an
additional cost in the construction of such structure in excess of five percent (5%) of
the estimated cost thereof without shelter so incorporated, or if it finds that other
factors make unnecessary or impracticable the incorporation of fallout shelters in
such structures.
201113.10900: CONFORMITY AND COOPERATION WITH FEDERAL AND STATE
AUTHORITY: Every officer and agency of the City shall cooperate with Federal
and State authorities and with authorized agencies engaged in civil
defenseemergency management and emergency measures to the fullest possible
extent consistent with the performance of their other duties. The provisions of this
Section and of all regulations made pursuant to this Section thereunder shall be
subject to all applicable and controlling provisions of Federal and State laws and of
regulations and such orders issued thereunder and shall be deemed to be
suspended and inoperative so far as there is any conflictt therewith.
The City may appoint any qualified person holding a position in any agency created
under Federal or State authority for civil defenseemergency management purposes
as a special police officerman of the City with such police powers and duties as may
be prescribed in the appointment within the City incident to the functions of thehis
position, not exceeding those of a regular police officerman of the City, and may be
prescribed in the appointment. Every such police officerman shall be subject to the
supervision and control of the Chief of Police and such other police officers of the
City as the Chief may designate.
201.1100: LABOR DISPUTE OR POLITICAL PARTICIPATION PROHIBITED: The Civil
Defense Agency shall not participate in any form of political activity, nor shall it be
employed directly or indirectly for political purposes, nor shall it be employed in a
legitimate labor dispute.
201113.12100: PENALTY: Any person who violates any provision of this Section or any
regulation adopted hereunder relating to acts, omission or conduct other than
official acts of City officer and employees, is guilty of a misdemeanor, shall be guilty
of a misdemeanor and punishable in accordance with the penalties established by
Minnesota Statute. and upon conviction may be punished by a fine of not more than
five hundred dollars ($500.00), or by imprisonment for not more than ninety (90)
days.
Page 1 of 1
4646 Dakota Street SE
Prior Lake, MN 55372
Exhibit A
Page 2 of 2
4646 Dakota Street SE
Prior Lake, MN 55372
SUMMARY ORDINANCE NO. 119-09
CITY OF PRIOR LAKE
ORDINANCE NO. 119-09
AN ORDINANCE RENAMING PARTS AS CHAPTERS AND REORGANIZING PARTS
ONE AND TWO OF THE PRIOR LAKE CITY CODE RELATING TO ADMINISTRATION
AND BOARDS AND COMMISSIONS
The following is only a summary of Ordinance No. 119-09. The full text will be available for
public inspection after November 9, 2019 by any person during regular office hours at City Hall
or in the Document Center on the City of Prior Lake Website.
SUMMARY: The Ordinance amends Parts 1 and 2 of the City Code relating to administration
and boards and commissions. The Ordinance renames and reorganizes Parts 1 and 2 and deletes
Section 112 relating to background checks.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of November 2019.
ATTEST:
_________________________ __________________________
Jason Wedel, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 9th day of November 2019.
SUMMARY ORDINANCE
N0.119-09
CITY OF PRIOR LAKE
ORDINANCE NO. 119-09
AN ORDINANCE
AMENDING SECTION 1005 OF
THE PRIOR LAKE CITY CODE
RELATING TO REQUIRED
IMPROVEMENTS AND
CHARGES AND ADOPTING
BY REFERENCE CITY CODE
SECTION 104; WHICH, AMONG
OTHER THINGS, CONTAINS
PENALTY PROVISIONS.
The following is only a
summary of Ordinance No. 119-
09. The full text will be available
for public inspection after June
17,2019 by any person during
regular office hours at City Hall
or in the Document Center on the
City of Prior Lake Website.
SUMMARY: The Ordinance
amends Section 1005 relating
to required improvements and
charges.
This ordinance shall become
effective from and after its
passage and publication.
Passed by the City Council of
the City of Prior Lake this 171° day
of June 2019.
ATTEST:
Michael Plante,
City Manager
Kirt Briggs,
Mayor
(Published in the Prior Lake
American on Saturday, June 22,
2019• No 7452)
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Scott )
LaurieA. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent
of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior
Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended. /,
(B) The printed public notice that is attached to this Affidavit and identified as No.,?K2
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijkhnnopgrstuvwxyz
Subscribed and sworn before me on
this 7 day of 2019
Laurie A. Hartmann
...�:� .. JYMME JEANNETTE BARK
NOTARY PUBLIC. MINNESOTA
MY COMMISSION EXPIRES 01/31/23
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter .............................................. $13.62 per column inch