TITLE III:  ADMINISTRATION
Chapter
	30.	GENERAL PROVISIONS
	31.	CITY OFFICIALS
	32.	CITY ORGANIZATIONS
	33.	EMERGENCY MANAGEMENT
CHAPTER 30:  GENERAL PROVISIONS
Section
General Provisions
	30.01	Hearings
	30.02	General Fund
	30.03	Other funds
	30.04	Code of ethics
Elections
	30.15	Registration system
	30.16	Voters must be registered
	30.17	Date of election
GENERAL PROVISIONS
§ 30.01  HEARINGS.
	(A)	Generally.  Unless otherwise provided in this code, or by law, every public hearing required by law, ordinance, or resolution to be held on any legislative or administrative matter shall be conducted in accordance with this section.
	(B)	Notice.  Every hearing shall be preceded by a minimum 10-days mailed notice to all persons entitled by law, ordinance, or regulation.  The notice shall state the time, place, and purpose of the hearing.  Failure to give the notice of defects in it shall not invalidate the proceedings if a good faith effort has been made to comply with this division (B).  Every hearing shall be preceded by a minimum of 10-days published notice in the designated legal newspaper.
	(C)	Conduct of hearing.
		(1)	At the hearing, each party in interest shall be an opportunity to be heard and to present the evidence as is relevant to the proceeding.
		(2)	The Council may adopt rules governing the conduct of hearings, records to be made, and the other matters as it deems necessary.
	(D)	Record.  Upon the disposition of any matter after hearing, the Council shall have prepared a written summary of its findings and decisions and enter the summary in the official Council minutes.
(1997 Code, § 100.05)
§ 30.02  GENERAL FUND.
	A general fund shall be maintained into which shall be placed or credited all monies received not otherwise appropriated and from which shall be paid all expenses and disbursements not otherwise provided for.
(1997 Code, § 200.04)
§ 30.03  OTHER FUNDS.
	The City Council may create by resolution and maintain the other funds as they desire.
(1997 Code, § 200.05)
§ 30.04  CODE OF ETHICS.
	Any member of the Council, city employee, or members of duly appointed boards and commissions who through employment, family relationship up to and including the fourth degree of relationship pursuant to the civil law system, or direct property ownership, or otherwise will be directly or indirectly benefitted by a city action, shall make known that interest to the Council and shall refrain from voting upon and otherwise participating in the decision-making process. Any Council member, board, or commission member who willfully conceals their interest as described in this section shall be guilty of a misdemeanor.
(1997 Code, § 200.06)  Penalty, see § 10.99
ELECTIONS
§ 30.15  REGISTRATION SYSTEM.
	The system for the permanent registration of voters provided by M.S. Ch. 201, as it may be amended from time to time, is, by this section, adopted and made part of this section by reference as if fully set forth in this section.
(1997 Code, § 205.01)
§ 30.16  VOTERS MUST BE REGISTERED.
	No person shall be permitted to vote at any election in the city unless that person is registered as provided by Minnesota Statutes.
(1997 Code, § 205.02)  Penalty, see § 10.99
§ 30.17  DATE OF ELECTION.
	The regular city election shall be held on the first Tuesday after the first Monday in November in each even numbered year.
(1997 Code, § 205.03)
CHAPTER 31:  CITY OFFICIALS
Section
City Council
	31.01	Meetings
	31.02	Presiding officer
	31.03	Minutes
	31.04	Order of business at regular meetings
	31.05	Voting
	31.06	Ordinances, resolutions, motions, petitions, proclamations, and communications
	31.07	Suspension or amendment of rules
	31.08	Salaries of Mayor and Council Members
	31.09	Payment of salaries
	31.10	Council to act as Board of Adjustment and Appeals
	31.11	Terms of office
City Administrator
	31.25	Appointment
	31.26	Contract
	31.27	Primary objective of position
	31.28	Major areas of accountability and responsibility
	31.29	Personnel
	31.30	Budget
	31.31	Meetings
	31.32	Purchasing
	31.33	Usual and unusual working conditions
	31.34	Examples of performance criteria
CITY COUNCIL
§ 31.01  MEETINGS.
	(A)	Authority.
		(1)	City Councils are authorized to adopt rules of procedure and provide for order at their meetings.
		(2)	Parliamentary procedure. Except as specifically provided under statute or these parts, the most current version of the Robert's Rules of Order Revised governs any question of parliamentary procedure that arises at a city meeting.
	(B)	Purpose. The purpose of this policy on City Council meetings is to set the groundwork for orderly and respectful communications between and among Council members, city staff, and citizens to promote the efficient working of the public's business at City Council meetings.
	(C)	Regular meetings. Except as provided herein, regular meetings shall be held at City Hall beginning at 7:00 p.m. on the first and third Tuesdays of each month. The City Council may cancel regular Council meetings by adopting the appropriate motion at any duly called Council meeting. The City Council may change the date, time, and/or place of a regular meeting by adopting the appropriate motion at any duly called Council meeting and by posting a written notice of the date, time, and place of the rescheduled meeting on the city bulletin board and at the main entrance to the City Hall at least 3 days before the date of the rescheduled regular meeting.
		(1)	Quorum. A simple majority (3) of the Council shall constitute a quorum for the valid transaction of any scheduled business to come before the Council.
		(2)	Location. All meetings, including special, recessed, closed, and continued meetings, shall be held in the City Council chambers, located at City Hall, unless otherwise designated, pursuant to M.S. § 13D.04, Subd. 2.
		(3)	Schedule. A schedule of regular meetings shall be kept on file with the City Clerk.
		(4)	Recessed or continued meetings. When a meeting is recessed or continued, the presiding officer shall state the time and place for the next meeting to occur pursuant to M.S. § 13D.04, Subd. 4. The time and place shall also be noted in the minutes. If the time and place is stated and noted in the minutes, no additional notice of the meeting is required, unless otherwise required by law. However, if the time and place is not stated and noted as required herein, compliance with the notice procedures for a special meeting, as defined in this section, shall be required.
	(D)	Open Meeting Law. The Minnesota Open Meeting Law (OML), M.S. Ch. 13D, generally requires that all meetings of public bodies be open to the public.
		(1)	Principles. The presumption of openness in the OML serves 3 basic principles:
			(a)	To prohibit actions from being taken at a secret meeting, where it is impossible for the interested public to become fully informed concerning the decisions of public bodies, or to detect improper influences;
			(b)	To ensure the public's right to be informed; and
			(c)	To afford the interested public an opportunity to present its views to the public body on matters of public interest.
		(2)	The City Council views providing and encouraging citizen access to city meetings as one of its most important duties. As a result of this principle, all Council and committee meetings, including special meetings, with the exception of closed meeting, as required by M.S. Ch. 13, shall be open to the public.
		(3)	In calculating the number of days for providing notice under the OML, the first day that the notice is given is not counted, but the last day is counted. If the last day is a Saturday, Sunday, or legal holiday, that day is omitted from the calculation and the day following the Saturday, Sunday, or legal holiday is considered the last day.
		(4)	In keeping with the intent of the OML, Council Members shall not use any form of communications technology, such as text messaging or email, to communicate with another person during a public meeting in a manner that is hidden or shielded from public view.
		(5)	Pursuant to M.S. § 13D.01, Subd. 6, at least one copy of the written materials made available to the Council at or before the meeting shall also be made available for inspection by the public, excluding any non-public data, attorney-client privileged data, or materials related to agenda items of closed meetings, or anything else otherwise deemed not public by any applicable law.
	(E)	Special meetings.
		(1)	Special meetings may be called by the Mayor or by any 2 Council Members filing a written notice with the City Administrator. At least 3 days prior to the date of the special meeting, the City Administrator shall provide notice to all members of the Council and to each person who has filed a written request for notice of special meetings, and shall post the notice on the city bulletin board and at the main entrance to City Hall. The notice shall indicate the date, time, place, and purpose of the special meeting. If matters not directly related to the purpose of the special meeting are discussed or acted upon at the special meeting, the minutes of the special meeting shall include a specific description of the matters. Days shall be counted as provided in division (D)(3) above. Notice to the public of special meetings must be given pursuant to M.S. 13D.04, Subd. 2.
		(2)	Closed meetings. The OML allows or requires some meetings to be closed to the public for certain defined purposes. When a meeting is closed, the presiding officer at the meeting shall state for the record the reason for closing the meeting and cite the specific provision of law allowing or requiring the meeting to be closed. The presiding officer shall also ensure that meetings are recorded, if required by law.
	(F)	Emergency meetings. An emergency meeting is a special meeting called by the Mayor or any 2 Council Members because of circumstances that in the judgment of the Mayor or any 2 Council Members require immediate consideration by the Council. The person or persons who call the emergency meeting shall make a good faith effort to contact all Council Members and, as soon as reasonably practicable after notice has been given to Council Members, all members of the news media who have filed a written request for notice of emergency meetings if the request includes the news media's telephone number. The notice shall include the date, time, place, and purpose of the emergency meeting. If matters not directly related to the emergency meeting are discussed at an emergency meeting, the minutes of the emergency meeting shall include a specific description of the matters.
	(G)	Business conducted at special or emergency meetings. No business shall be transacted at special or emergency meetings unless the business shall have been specified, in the notice, without the consent of all of the members of the Council present. Any member present at any special or emergency meeting who fails to object and have their objections entered in the minutes of the special or emergency meeting will be conclusively presumed to have consented to the transaction of all business transacted at the special or emergency meeting and no objection may thereafter be raised by a Council Member that the notice of the special or emergency meeting was defective.
	(H)	Initial meeting. At the first regular Council meeting in January of each year, the Council shall:
		(1)	Appoint an acting Mayor, who shall act as Mayor in the Mayor's absence, pursuant to M.S. § 412.121;
		(2)	Select one official newspaper pursuant to M.S. § 412.831;
		(3)	Select an official depository for city funds. This must be done within 30 days of the date of the city's fiscal year pursuant to M.S. §§ 427.01; 427.02; 118A.02, Subd. 1; and 427.09;
		(4)	Review the Council's bylaws and make any needed changes;
		(5)	Assign committee duties to members. All assignments of Council Members to serve on city boards, commissions, and committees shall be by a majority vote of a quorum of a duly called meeting, unless otherwise provided by law;
		(6)	Approve official bonds that have been filed with the Clerk;
		(7)	Appoint a city attorney; and
		(8)	Appoint a city engineer.
	(I)	Public meetings. All Council meetings, including special and adjourned meetings and meetings of Council committees, shall be conducted in accordance with the Minnesota Open Meeting Law. (1997 Code, § 200.01)
	(J)	Ground rules. Each Council Member shall abide by the following ground rules for interaction with each other and with members of the public at Council meetings. All Council Members shall assist the presiding officer in preserving order and decorum and in providing for the efficient operation of the meeting. Council meetings shall be conducted in a courteous manner that recognizes the validity of differing viewpoints and promotes the ideal of respectful democratic discussion and debate that is free of insult, slander, and personal attacks or threats.
		(1)	Respect others. Council Members should:
			(a)	Respect each other and the process;
			(b)	Assume each Council Member is being honest and genuine in the expression of his or her views;
			(c)	Not shame or blame others;
			(d)	Not talk about people who are not present; and
			(e)	Respect residents of the city and city staff.
		(2)	Listen. Council Members should:
			(a)	Not interrupt while others are speaking;
			(b)	Ask clarifying not interrogating questions;
			(c)	Use "I" statements not "You" statements;
			(d)	Discuss and debate ideas in a civil manner;
			(e)	Be respectful of the ideas of others even if they don't agree with your ideas; and
			(f)	Keep side conversations to a minimum.
		(3)	Accountability. Council Members should:
			(a)	Participate to the best of their ability;
			(b)	Be responsible for making sure all voices are heard;
			(c)	Be accountable for what they do and say;
			(d)	Hold each other accountable in a civil way;
			(e)	Be responsible for their part of a problem or issue;
			(f)	Be accountable for the use of information by not misusing information or by providing incorrect information; and
			(g)	Be responsible for reviewing agenda items and support information.
		(4)	Take risks. Council Members should:
			(a)	Take risks, be authentic and speak truthfully; and
			(b)	Not be hostile or harassing toward others for taking risks.
		(5)	Be open. Council Members should:
			(a)	Be open to other's stories and realities;
			(b)	Be open to partially-formed ideas;
			(c)	Learn from mistakes;
			(d)	Be open to a change of heart and mind; and
			(e)	Not operate from fear.
		(6)	Personal reaction. Council Members should not take things personally, and focus on the ideas being expressed, not the person expressing the ideas.
		(7)	General rules of decorum. To effectuate the following ground rules, all Council Members shall conduct themselves at all times in a manner consistent with the following:
			(a)	No Council Member shall engage in private conversation or pass private messages while in the chamber in a manner so as to interrupt the proceedings of the Council;
			(b)	No Council Member shall leave his or her seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced;
			(c)	No Council Member shall use profane or obscene words or gestures, or unparliamentary language, or use language that threatens harm or violence toward another person during at any time;
			(d)	No Council Member shall speak on any subject other than the subject in debate;
			(e)	No Council Member shall speak without being recognized by the presiding officer, nor shall any Council Member interrupt the speech of another Council Member;
			(f)	No Council Member shall disobey the Council's Rules of Order and Procedure as adopted or a decision of the presiding officer on questions of order or practice or upon the interpretation of the rules of Council;
			(g)	No Council Member shall engage in disorderly conduct that disturbs or disrupts the orderly conduct of any meeting; and
			(h)	No Council Member shall engage in conduct which delays or interrupts the proceedings or which hinders honest, respectful discussion and debate.
(Ord. 97-201, passed 11-20-2007; Am. Ord. 08-133, passed 4-5-2016)
§ 31.02  PRESIDING OFFICER.
	Presiding Officer. The mayor shall preside at all meetings of the Council unless another person has been designated by majority vote of the Council to preside over any or all meetings for a specific period of time.
	(A)	Role of the presiding officer. The presiding officer shall preserve order, enforce the Council Rules of Order and Procedure as adopted, and determine, without debate, all questions of procedure and order, subject to the final decision of the Council on appeal as provided in this section. The presiding officer shall determine which member has the right to speak and may move matters to a vote once the officer has determined that all members have spoken. The presiding officer may determine whether a motion or proposed amendment is in order and may call members to order. Except as otherwise provided by statute or by the provisions of this chapter, the proceedings of the Council shall be conducted in accordance with the latest edition of Roberts Rules of Order.
	(B)	Adjourning a meeting. If considered necessary, because of grave disorder as determined by the presiding officer, the presiding officer may adjourn or continue any meeting to another time or suspend the meeting for a specified period of time.
	(C)	Designation of a sergeant-at-arms. The presiding officer may request that local law enforcement designate a member to serve as a sergeant-at-arms at Council meetings. The sergeant-at-arms shall carry out all orders or instructions given by the presiding officer for the purpose of maintaining order and decorum at meetings.
	(D)	Motions and voting. The presiding officer may make motions, second motion, speak on any questions, and vote on any matter properly before the Council. This provision does not apply to non-elected presiding officers designated under this section.
	(E)	Absences of presiding officer. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both the Mayor and the Acting Mayor, the City Clerk/Administrator shall call the meeting to order. The first order of business shall be to select a presiding officer for the meeting from the members present. The City Clerk/Administrator shall preside until the Council Members present choose a member to act as presiding officer.
	(F)	Appeals and ruling of the presiding officer. Any member of the Council may appeal to the full Council a ruling on order or procedure made by the presiding officer.
	(G)	Procedure for appeals. An appeal is made by motion. No second is needed for the motion of appeal. The member making the motion may speak once solely on the question involved, and the presiding officer may speak once solely to explain their ruling, but no other Council Member may participate in the discussion.
	(H)	Once both the maker of the motion and the presiding officer has spoken, the matter must be voted upon by the Council as a whole.
	(I)	The appeal shall be sustained if it is approved by a majority of the members present, exclusive of the presiding officer.
	(J)	Temporary designation of a presiding officer. The presiding officer may choose to designate a temporary presiding officer before participating in debate on a given matter. The presiding officer shall resume presiding as soon as action on the matter is concluded.
(1997 Code, § 200.01)  (Am. Ord. 97-201, passed 11-20-2007; Am. Ord. 08-133, passed 4-5-2016)
§ 31.03  MINUTES.
	(A)	Minutes constitute a vital record of the city and are the best means of preserving Council intent, findings of fact, and action. Pursuant to M.S. § 412.151, the City Clerk must keep a minute book. The minute book shall contain, at a minimum, the following:
		(1)	The Council Members who are present;
		(2)	The type of meeting (regular, special, continued, closed);
		(3)	Date and place of the meeting;
		(4)	Time the meeting was called to order;
		(5)	Approval of minutes of the previous meeting, with any corrections;
		(6)	The members who make or second any motions;
		(7)	A record of all members and their vote for any roll call votes;
		(8)	The subject matter of all proposed resolutions or ordinances;
		(9)	Whether any resolution or ordinance is approved or disapproved by vote of the Council;
		(10)	The votes of each member voting, including the Mayor, and the votes of any member not voting (e.g. abstentions, including reason for abstention if given, not present);
		(11)	A statement of the findings of fact and an explanation of Council action, including specific reasons for approval and disapproval of specific resolutions or ordinances, on all land use and licensing matters;
		(12)	Listing of all bills allowed or approved for payment, noting the recipient, purpose, and amount;
		(13)	Approval of hourly rates paid for services provided, mileage rates, meal-reimbursement amounts, and per diem amounts;
		(14)	A list of all transfers of funds;
		(15)	Authorizations and directions to invest excess funds, and information on investment redemptions and maturities;
		(16)	The identity of any party to whom a contract was awarded;
		(17)	Appointments of representatives to committees or outside organizations; and
		(18)	The name of all citizens appearing before the Council during the public comment period along with a brief summary of the subject matter of their comments.
	(B)	The minutes of each meeting shall be typed and signed by the Clerk/Administrator. Copies of the minutes shall be included in the agenda for the next Council meeting.
	(C)	Meeting minutes shall be considered and approved at a future meeting.
		(1)	Meeting minutes do not need to be read aloud;
		(2)	The presiding officer shall call for any corrections;
		(3)	If there is no objection to a correction, it will be made without a vote of the Council;
		(4)	If there is an objection, the Council shall vote upon the addition or correction by a roll call vote;
		(5)	Council shall take formal action by vote to approve the minutes as distributed, with any corrections or amendments made as described herein; and
		(6)	Minutes shall be published as required by M.S. §§ 412.191, 331A.08, Subd. 3, and 331A.01, Subd. 10.
(1997 Code, § 200.01) (Am. Ord. 08-133, passed 4-5-2016)
§ 31.04  ORDER OF BUSINESS AT REGULAR MEETINGS.
	(A)	Order established.
		(1)	Each meeting of the Council shall convene at the time and place appointed for the meeting. Council business shall be conducted in the order determined by the Council at its first annual meeting or as thereafter amended by the majority vote of the Council.
		(2)	Order of Business. The standard order of business for Council meetings shall be the following:
			(a)	Call to Order/Pledge of Allegiance;
			(b)	Approval of agenda;
			(c)	Approval of minutes from past meeting(s);
			(d)	Presentations;
			(e)	Consent agenda;
			(f)	Regular agenda;
			(g)	Public comment period;
			(h)	Report of the Council;
			(i)	Reports from city staff; and
			(j)	Adjourn.
	(B)	Agenda. An agenda will be prepared for all regular Council meetings by the City Clerk/Administrator or their designee. Agenda items may be placed on the agenda by Council Members and staff. Members of the public wishing to place an item on the agenda must do so by contacting city staff or Council Members, or by speaking during the public comment period. No member of the general public may add any items to the agenda.
		(1)	Special meetings. When a special meeting is called pursuant to applicable law, the agenda for the special meeting must be included in the request for the meeting and in the publication of the notice of the meeting pursuant to M.S. § 13D.04, subd. 2.
		(2)	Agenda procedures. Any person, including Council Members, wishing to add an item to any agenda pursuant to this section shall do so by complying with the following:
			(a)	All requests to place an item on the agenda must be received by the City Clerk/Administrator by 10:00 a.m. 5 days prior to the next Council meeting. For a regularly scheduled Tuesday meeting, the deadline for agenda items would be 10:00 a.m. on the preceding Thursday.
			(b)	All requests to place an item on the agenda must be on the form prescribed by the City Clerk/Administrator. The form shall be completed with the goal of clearly describing the subject matter to be considered by the Council and any action requested or required. Supporting information may be attached to the form as necessary.
			(c)	All requests to place an item on the agenda by city staff or Council Members must be reviewed by the City Clerk/Administrator or their designee prior to being included in the agenda.
			(d)	The agenda, along with all related information materials, will be provided to all City Council Members and the city attorney at least 3 days prior to the Council meeting for which it applies. For a regularly scheduled Tuesday meeting, the packet will be provided by 5:00 p.m. the Friday preceding.
	(C)	Consent agenda. A consent agenda may be used to improve the efficiency of meetings. The consent agenda allows the Council to consider several items at one time. Only one motion is necessary to approve all items on the consent agenda.
		(1)	Items that require findings of fact or an explanation of Council actions, such as land use matters and the consideration of licensing requests, should not be placed on the consent agenda.
		(2)	An item on the consent agenda may be removed from such agenda for full consideration by the Council upon request made by any member of the Council. Items removed from the consent agenda will be placed on the regular agenda for discussion and consideration.
	(D)	Presentation, discussion and agenda item decisions. The following is the order of business for presenting and discussing items on Council agendas:
		(1)	Introduction of item;
		(2)	Report by staff or other presenter;
		(3)	Questions from Council Members to the presenter in a round robin manner. The Mayor will facilitate the round robin process by asking each individual Council Member for one question and allowing for a response to the individual question. Then the Mayor will ask the next Council Member, in sequence, until all Council Members have asked and received responses to a question. No Council Member shall take more than 3 minutes to ask a question or comment on an item which is being presented before another Council Member has a turn to question and comment on the same item;
		(4)	Receive questions/comments from the applicant/requesting party to the Council, and allow each Council Member to respond in the round robin process;
		(5)	Allow questions from Council Members to the applicant/requesting party, if applicable, using the round robin process;
		(6)	Allow questions/comments from the public to Council Members. Each member of the public shall state his or her comments in 3 minutes;
		(7)	At the conclusion of the round robin process, the Mayor calls for a motion or discussion among the Council. Discussion on any presentation shall be kept to a minimum, and each Council Member shall only speak once on the issue. This action is not an indication that the motion on the table is the motion that will be approved in its current form. It is purely for discussion purposes;
		(8)	Discussion among Council Members using the round robin process;
		(9)	Action by the Council on the motion.
	(E)	Meeting schedule.
		(1)	Each meeting of the Council shall convene at the time and place appointed. All public hearings shall commence at the advertised time.
		(2)	Council business shall be conducted in the order of the prepared agenda, unless an alteration is approved by a majority of the Council.
		(3)	The last item on the agenda will be commenced no later than 12:00 a.m.
		(4)	If all business has not been completed by 12:00 a.m., the meeting shall be continued to another date and time following the notice provisions contained herein.
	(F)	Public participation and comment at council meetings. Council meetings are the forum for the Council to conduct the city's business. While Council meetings are open to the public pursuant to the Minnesota Open Meeting Law, they are not a forum for public expression. As such, members of the public are not allowed to participate in Council discussion and debate without a specific invitation and/or formal recognition by the presiding officer. Members of the public shall not applaud, engage in conversation, or engage in other behavior through words or actions that may disrupt the proceedings of the Council.
	(G)	Members of the public shall follow the direction of the presiding officer. Members of the public who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After such warning, if the conduct continues, the presiding officer may ask the member of the public to leave the meeting room. If the member of the public refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant-at-arms to remove the person through any lawful means. In emergency situations, or where the conduct is an egregious threat to the safety of the public or the Council, a warning is not necessary before the sergeant-at-arms is directed to remove the person.
	(H)	Public comment period. A limited forum for members of the public to speak with the Council is provided on each agenda. Public comments during the public comment period are subject to the following limitations:
		(1)	Speakers must be recognized by the presiding officer before speaking and are limited to 6 minutes for comment;
		(2)	When multiple speakers appear to speak on the same topic, comments should not be repetitive. The presiding officer may request speakers to appoint a spokesperson;
		(3)	The presiding officer may place a time limit on the public comment period if necessary to allow for the conduct of city business. If there is not sufficient time at the meeting to hear all public comments, the comment period may be deferred to the next regular Council meeting or at a continued meeting;
		(4)	Speakers must sign up prior to speaking and provide their name, address, and a brief summary of the subject matter which they wish to address. The sign-up sheet will be available at the start of the City Council meeting;
		(5)	Speakers must direct their remarks toward the presiding officer;
		(6)	Speakers shall not use obscene, profane, insulting, or threatening language, nor conduct themselves in a threatening, loud, or boisterous manner that disrupts the conduct of the meeting or the security of the public;
		(7)	Speakers are required to follow the direction of the presiding officer; and
		(8)	The Council will generally not respond at the same meeting where an issue is initially raised by a member of the public. Generally, the matter will be referred to staff for further research and possible report or action at a future Council meeting.
	(I)	Public hearings. Public hearings are sometimes required by law to allow the public to offer input on Council decisions. Unlike public comment periods, public hearings allow the public to speak on a matter currently before the Council. When public hearings are required by law, notice shall be provided as required by state statute. Public hearings shall be commenced at the time advertised in any notice required by law.
		(1)	General procedure for public hearings. The order of business for all public hearings conducted by the Council shall be:
			(a)	Opening comments by the presiding officer announcing the purpose of the public hearing;
			(b)	The presiding officer opens the public hearing portion of the meeting;
			(c)	Staff presentation, if any (i.e. administrator/clerk, attorney, engineer and the like);
			(d)	Developer/other presentation, if any;
			(e)	Public comment (all individual comments limited to 6 minute maximum);
			(f)	The Clerk/Administrator shall make note of any submitted written testimony; and
			(g)	The presiding officer formally closes the public hearing portion of the meeting.
		(2)	Speakers who wish to address the Council at a public hearing must follow the same rules as contained herein for public comment periods. The presiding officer may allow more time, where appropriate.
		(3)	Speakers may also provide written comments to the Council before or at the meeting. Written comments shall be noted and provided to the Council and to anyone else as required by law.
		(4)	The presiding officer may continue the hearing, if necessary, following the procedures for continuing a meeting contained in this section.
(1997 Code, § 200.01)  (Am. Ord. 97-201, passed 11-20-2007; Am. Ord. 08-133, passed 4-5-2016)
§ 31.05  VOTING.
	(A)	The votes of the Council will be taken by voice or hand vote. The presiding officer shall announce the results of all votes of the Council.
	(B)	A clear statement of the matter being voted upon and the names of those voting for and against the matter shall be recorded in the official minutes.
	(C)	The presiding officer may ask for a roll call vote to be conducted by the Clerk/Administrator on any motion of resolution.
	(D)	The Clerk/Administrator may ask for a verification roll call if the vote of a Council Member is not clear on the voice vote.
	(E)	A majority vote of the quorum present shall be sufficient for all matters before the Council, unless otherwise provided by state law.
	(F)	Any Council Member may abstain from any vote for reasons that are not necessarily a conflict of interest.
	(G)	If any Council Member is present but does not vote, the minutes, as to his or her name, shall be marked "Present-Not Voting."
(1997 Code, § 200.01) (Am. Ord. 08-133, passed 4-5-2016)
§ 31.06  ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, PROCLAMATIONS, AND COMMUNICATIONS.
	(A)	Signing and publication proof. Every ordinance and resolution passed by the Council shall be in writing and signed by the Mayor, attested by the Clerk, and filed by the Clerk in the ordinance or resolution book. Unless otherwise provided by law, no ordinance shall require more than one reading and all ordinances shall be adopted by a majority vote of Council Members present at the Council meeting. Proof of publication of every ordinance shall be attached and filed with the ordinance.
	(B)	Repeals and amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part shall set forth in full each amended section or subdivision as it will read with the amendment.
	(C)	Mayoral and city proclamations. Except as otherwise provided by law, all mayoral and city proclamations recognizing events, persons, and official observances shall be adopted by a majority of the Council Members present and voting at the meeting where such proclamation is presented for adoption.
	(D)	Seating assignments. Council Members shall occupy the chairs assigned to them by the presiding officer, but 2 Council Members may exchange seats by joining in a formal request to the presiding officer to do so.
(1997 Code, § 200.01) (Am. Ord. 08-133, passed 4-5-2016)
§ 31.07  SUSPENSION OR AMENDMENT OF RULES.
	The rules of procedure applicable to Council meetings may be suspended or amended by 2/3 vote of the Council Members present and voting, provided that such action is not in violation of state statutes.
(1997 Code, § 200.01)  (Am. Ord. 97-201, passed 11-20-2007; Am. Ord. 08-133, passed 4-5-2016)
§ 31.08  SALARIES OF MAYOR AND COUNCIL MEMBERS.
	The Mayor and Council Members shall be paid salaries as determined from time to time by the Council and set by ordinance. An ordinance establishing Council salaries shall be adopted before a regular city election and shall not be effective until January 1 following such election.
(1997 Code, § 200.01) (Am. Ord. 08-133, passed 4-5-2016)
§ 31.09  PAYMENT OF SALARIES.
	The salaries provided by §§ 31.01 et seq. shall be paid semi-annually, or more frequently, as directed by the Council.
(1997 Code, § 200.01) (Am. Ord. 08-133, passed 4-5-2016)
§ 31.10  COUNCIL TO ACT AS BOARD OF ADJUSTMENT AND APPEALS.
	(A)	Establishment of Board of Adjustment and Appeals. The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this section:
		(1)	The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning code; and
		(2)	The appeal shall be filed within 5 business days from the date that the decision, order, requirement, or determination is made and shall state:
			(a)	The particular decision, order, requirement, or determination from which the appeal is taken;
			(b)	The name and address of the appellant;
			(c)	The grounds for the appeal; and
			(d)	The relief requested by the appellant.
	(B)	Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken, certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property.
	(C)	Authority of the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit.
	(D)	Hearing procedures.
		(1)	The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board.
		(2)	The Zoning Administrator shall notify the appellant or applicant, the Chairperson of the Planning Commission, the Building Official, the abutting property owners, and in the case of an appeal the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least 10 days preceding the date of the hearing.
	(E)	Record of findings.
		(1)	The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any order shall be filed with the Zoning Administrator who shall immediately mail a copy of the order, bearing the notation of the filing date, to the appellant or applicant.
		(2)	A certified copy of any order issued by the Board of Adjustment and Appeals acting upon any appeal from an decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Titles for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator.
	(F)	Decision; appeals. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the Board reviewed for an appropriate remedy in district court as provided by law.
(Ord. 97-94, passed 11-7-2001; Am. Ord. 08-133, passed 4-5-2016)
§ 31.11  TERMS OF OFFICE.
	(A)	Council Members. Two Council Members shall be elected for four-year terms at each biannual election.
	(B)	Mayor. The Mayor shall be elected for a four-year term commencing with the regular municipal elections to be held in 2008. The first four-year mayoral term shall commence on January 1, 2009.
(Ord. 97-194, passed 6-19-2007; Am. Ord. 08-133, passed 4-5-2016)
CITY ADMINISTRATOR
§ 31.25  APPOINTMENT.
	(A)	The office and position of City Administrator is continued within the city.
	(B)	The City Administrator shall be appointed by the Council and shall serve for an indefinite term.  The City Administrator shall be chosen on the basis of executive and administrative qualifications, and shall have experience and knowledge in the area of government or business administration.
(1997 Code, § 200.02)
§ 31.26  CONTRACT.
	The city may enter into an employment agreement as it deems necessary to further the purposes of this section.
(1997 Code, § 200.02)
§ 31.27  PRIMARY OBJECTIVE OF POSITION.
	The Administrator shall be the chief administrative officer for the city and shall:
	(A)	Plan and direct the administration of city functions as delegated by the Council to ensure efficient municipal services and development in line with Council objectives, city ordinances, and state law;
	(B)	Advise the Council regarding the impact of policy decisions and to represent the interest of the city in manners before other governmental agencies as delegated by the Council;
	(C)	Supervise and manage the administration of all departments within the city.  Operate with considerable discretion in normal administration functions and in implementing policies of the Council.  Responsible for effectively recommending policies, employee staffing, budgets, code modifications, and public communications where Council action is required; and
	(D)	Advise Council in matters concerning planning, including but not limited to zoning, platting, variances, shoreline permitting, conditional use permits, and subdivisions.
(1997 Code, § 200.02)
§ 31.28  MAJOR AREAS OF ACCOUNTABILITY AND RESPONSIBILITY.
	(A)	Serves as chief administrative officer of the city, and is responsible to the Council for the proper administration of all the policies of the city;
	(B)	Knows and understands the code and its proper application to specific issues and sees that all laws and ordinances are fully and properly enforced;
	(C)	Supervises and manages the administration of all departments, offices, and divisions of the city except as otherwise provided by law and carried out any other responsibilities placed under Administrator's jurisdiction by ordinance or by subsequent Council action;
	(D)	Recommends from time to time the adoption of the measures as may be deemed necessary or expedient for health, safety, and welfare of the community or for the improvement of the administration;
	(E)	Works with city commissions coordinating their activities with elected city officials and presenting commission recommendations to the Council;
	(F)	Stays abreast of developments in the public administrative field and cooperates with governmental units and on matters of mutual interest;
	(G)	Supervises and manages the conduct of local elections in accordance with the prescribed laws and regulations;
	(H)	Relieves the Council members of as much administrative detail, inquiry, and the like as possible so they may devote more of their time to the policy-making responsibilities of their position;
	(I)	Coordinates the work of the city's appointed attorney and consulting engineer; and
	(J)	Performs the other duties as may be required by the Council.
(1997 Code, § 200.02)
§ 31.29  PERSONNEL.
	(A)	Acts as personnel officer, and is responsible for implementation of city personnel policies with the authority to effectively recommend employment, discipline, or removal of city employees for Council action;
	(B)	Develops and issues all administrative rules, regulations, and procedures necessary to ensure the proper functioning of all city departments, offices, and divisions as permitted by law and Council approval; and
	(C)	Prepares and updates job descriptions for all city employees and conducts job performance reviews with employees every 6 months.  Reviews all department requests for overtime hours and accepts or rejects them based on needs and budget constraints.  Reviews employee time cards on a regular basis.
(1997 Code, § 200.02)
§ 31.30  BUDGET.
	(A)	Supervises and manages the preparation of, and submits, an annual budget to the Council prior to September 1, and keeps the Council advised of the financial condition of the individual departments making recommendations as may, from time to time, be determined desirable and necessary;
	(B)	Supervises and manages the effective utilization of city assets and recommends additions or changes to the Council;
	(C)	Ensures effective management of financial assets.  Works with the City Finance Director to ensure favorable investment of available funds, effective and proper accounting practices, appropriate insurance coverage, and effective financial planning;
	(D)	Keeps the Council advised as to the future needs of the city and makes recommendations to the Council in a 5-year Capital Improvement Program reviewed and updated annual; and
	(E)	Maintains familiarity with alternate and supplemental sources of revenue, including federal and state aids, loans, grants, and other sources of revenue, and submits recommendations to the Council for actions necessary to take advantage of the sources.
(1997 Code, § 200.02)
§ 31.31  MEETINGS.
	(A)	The Administrator attends and participates in discussion at all meetings of the Council and other official city bodies; also represents the city at all official or semi-official functions as may be directed by the Council; coordinates meetings and represents the Council as directed with other governmental agencies and associations.  The Administrator is responsible for public notification of all regular and special meetings of the Council and is responsible for agenda preparation and Council meeting procedures.  The Administrator is responsible for notification of public hearings.
	(B)	The Administrator works closely with the Council, including performing research on agenda items and other Council requests, attending meetings to report on city affairs and problems, presenting recommendations concerning policies and objectives as well as specific actions, participating in discussions as appropriate of all significant matters.  Presents all items which required Council action or approval.
	(C)	The Administrator prepares agendas for Council meetings and provides supporting data.
(1997 Code, § 200.02)
§ 31.32  PURCHASING.
	The Administrator supervises all purchases made by the city in accordance with a Council-approved purchasing policy and shall enter into contracts for previously budgeted and Council-approved purchases.  The Administrator shall supervise the solicitation of sealed bids, including public notices, on all purchases when required to do so by state law or the city's purchasing policy.
(1997 Code, § 200.02)
§ 31.33  USUAL AND UNUSUAL WORKING CONDITIONS.
	The Administrator shall:
	(A)	Work a 40-hour week or equivalent;
	(B)	Attend Council meetings in evenings; and
	(C)	Attend any other evening meetings as needed.
(1997 Code, § 200.02)
§ 31.34  EXAMPLES OF PERFORMANCE CRITERIA.
	The performance criteria of the City Administrator shall include, but not be limited to, the following:
	(A)	Policies and programs of the city are readily understood and administered by city personnel;
	(B)	Department heads reporting are consistently performing at a maximum level of productivity in carrying out the policies of the Council and the City Administrator;
	(C)	Clear and effective communication lines are consistently maintained throughout city organization; and/or
	(D)	The city consistently maintains a positive and high reputation for service among the citizens.
(1997 Code, § 200.02)
CHAPTER 32:  CITY ORGANIZATIONS
Section
Building Department
	32.001	Generally
	32.002	Powers and duties of Building Official
	32.003	Inspectors
	32.004	Conflict of interest
	32.005	Reports and records
	32.006	Right of entry
	32.007	Stop orders; red tags
	32.008	Occupancy violations
	32.009	Liability
	32.010	Cooperation of other officials
Planning Commission
	32.025	Establishment
	32.026	Purpose
	32.027	Composition
	32.028	Qualifications
	32.029	Removal
	32.030	Officers
	32.031	Annual meetings
	32.032	Annual work plan
	32.033	Regular meetings
	32.034	Special meetings
	32.035	Quorum
	32.036	Voting
	32.037	Proceedings
	32.038	Rules of procedure
	32.039	Agenda
	32.040	Records
	32.041	Training
	32.042	Duties and powers of the Commission; Comprehensive Plan
Fire Department
	32.055	Organization
	32.056	Membership
	32.057	Duties
	32.058	Records
	32.059	Removal of obstructions
	32.060	Maintenance
	32.061	Unauthorized use of equipment
	32.062	Right-of-way
	32.063	Obstructions
	32.064	False alarm
	32.065	Pursuit
	32.066	Obstruction of Fire Department
	32.067	Composition, appointment and the like
Parks Commission
	32.080	Establishment
	32.081	Purpose
	32.082	Composition
	32.083	Qualifications
	32.084	Removal
	32.085	Officers
	32.086	Annual meeting
	32.087	Annual work plan
	32.088	Regular meetings
	32.089	Special meetings
	32.090	Required number of members present to conduct meetings
	32.091	Voting
	32.092	Proceedings
	32.093	Rules of procedure
	32.094	Agenda
	32.095	Records
	32.096	Training
	32.097	Powers and duties
Heritage Preservation Commission
	32.110	Establishment
	32.111	Purpose
	32.112	Composition
	32.113	Qualifications
	32.114	Removal
	32.115	Officers
	32.116	Annual meeting
	32.117	Annual work plan
	32.118	Regular meetings
	32.119	Special meetings
	32.120	Quorum
	32.121	Voting
	32.122	Proceedings
	32.123	Rules of procedures
	32.124	Agenda
	32.125	Records
	32.126	Training
	32.127	Powers
	32.128	Communication with the state historic preservation officer
Human Rights Commission
	32.140	Establishment
	32.141	Intent, purpose, and mission
	32.142	Composition
	32.143	Removal
	32.144	Officers
	32.145	Annual meeting
	32.146	Regular meetings
	32.147	Special meetings
	32.148	Quorum
	32.149	Voting
	32.150	Proceedings
	32.151	Rules of procedures
	32.152	Agenda
	32.153	Records
	32.154	Training
	32.155	Duties of the Commission
BUILDING DEPARTMENT
§ 32.001  GENERALLY.
	There is continued in the city a Building Department which shall be under the jurisdiction of the Building Official designated by the Council; the Building Official shall report to the City Administrator.
(1997 Code, § 200.03)
§ 32.002  POWERS AND DUTIES OF BUILDING OFFICIAL.
	The Building Official shall be authorized and directed to enforce all the provisions of the Minnesota State Building Code and the Lake Elmo Municipal Code.
(1997 Code, § 200.03)
§ 32.003  INSPECTORS.
	In accordance with adopted personnel procedures, the City Administrator and Building Official may recommend for approval by the City Council any number of inspectors and other employees as shall be needed from time to time in the Building Department.
(1997 Code, § 200.03)
§ 32.004  CONFLICT OF INTEREST.
	Neither the Building Official nor any inspectors shall have any financial interest in any concern engaged in a business relationship within the city nor engage in any business relationship with the city within the inspector's respective field.
(1997 Code, § 200.03)  Penalty, see § 10.99
§ 32.005  REPORTS AND RECORDS.
	(A)	The Building Official shall submit a report to the Administrator and Council, not less than once a year, covering the work of the Department during the preceding period.
	(B)	The Building Official shall keep a permanent, accurate account of all fees and other monies collected and received, the names of the persons upon whose account the fees were paid, the date and the amount of monies received, together with the location of the building or premises to which they relate.
(1997 Code, § 200.03)
§ 32.006  RIGHT OF ENTRY.
	(A)	Upon presentation of proper credentials, the Building Official or a duly authorized representative may enter at reasonable times any building, structure, or premises in the city to perform any duty imposed upon Building Official by the code.
	(B)	No person shall interfere with the Building Official or a duly authorized representative in the execution of the Building Official's duties.
(1997 Code, § 200.03)  Penalty, see § 10.99
§ 32.007  STOP ORDERS; RED TAGS.
	(A)	Whenever any building work is being done contrary to the provisions of the code, the Building Official may order the work stopped by notice, in writing, served on any persons engaged in the doing, or causing the work to be done or if no such party can be found on the property, a notice shall be posted on the property in a conspicuous place.
	(B)	The persons shall immediately stop work until authorized by the Building Official to proceed with the work.
(1997 Code, § 200.03)  Penalty, see § 10.99
§ 32.008  OCCUPANCY VIOLATIONS.
	(A)	Whenever any structure is being used contrary to the provisions of the code, the Building Official may order the use discontinued and the structure or portion of the structure vacated by notice served on any person causing the use to be discontinued.
	(B)	The person shall discontinue the use within 10 days after receipt of the notice or make the structure or portion of structure comply with the requirements of the code.
(1997 Code, § 200.03)  Penalty, see § 10.99
§ 32.009  LIABILITY.
	(A)	The Building Official or any employee charged with the enforcement of the code, acting in good faith and without malice for the city in the discharge of the employee's duties, shall not render the Building Official liable personally.
	(B)	The Building Official is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of Building Official's duties.
	(C)	Any suit brought against the Building Official or employer, because of the act or omission performed by the Building Official in the enforcement of any provisions of the code, shall be defended by the city until final termination of the proceedings.
(1997 Code, § 200.03)
§ 32.010  COOPERATION OF OTHER OFFICIALS.
	The Building Official may request, and shall receive as may be necessary in the discharge of official duties, the assistance and cooperation of the other officials of the city.
(1997 Code, § 200.03)
PLANNING COMMISSION
§ 32.025  ESTABLISHMENT.
	A Planning Commission is continued in the city.
(1997 Code, § 210.01)
§ 32.026  PURPOSE.
	The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to Council approval and the requirements of the Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the Council.
(1997 Code, § 210.02)
§ 32.027  COMPOSITION.
	(A)	Generally.  The Planning Commission shall consist of 7 voting members and 2 non-voting alternate members.  The voting members shall be appointed for a 3-year term so that only 1/3 of the appointments will expire on December 31 of each year.  Voting members may not serve more than 2 consecutive terms.  Appointment to an additional term(s) will be considered with the available applicant pool.  Alternate members shall be appointed to serve until there is a vacancy on the Planning Commission.  The City Council shall appoint a first alternate and a second alternate who shall become voting members in the order of their appointment upon a vacancy on the Commission.
(1997 Code, § 210.03)  (Am. Ord. 97-96, passed 1-15-2002; Am. Ord. 97-147, passed 2-15-2005; Am. Ord. 97-200, passed 11-5-2007; Am. Ord. 08-046, passed 6-21-2011)
	(B)	Special appointments.
		(1)	At the discretion of the City Council, up to 5 additional appointments can be made to the Planning Commission, for each special project, including but not limited to Environmental Management, Maintenance Advisory, and the Old Village, to assist with special projects currently in process, or directed by the City Council to be studied, drafted, and completed.
		(2)	The term of the special appointments shall expire 2 years from the date of appointment, or upon completion of the special project, whichever is first.  Any special appointee may request reappointment if the specific project is not completed in that time.
		(3)	(a)	Special project appointees shall have full voting privileges only on issues specifically related to the special project.
			(b)	Full voting privileges for the regular Planning Commission shall remain consistent with this section.
(Ord. 97-67, passed 1-2-2001; Am. Ord. 97-70, passed 1-16-2001)
§ 32.028  QUALIFICATIONS.
	Each member and alternate member shall be a resident of the city.  Wherever possible, Commission members should represent all geographical areas of the city and a cross-section of the population of the city at the time of appointment.
(1997 Code, § 210.04)
§ 32.029  REMOVAL.
	Any member or alternate member may be removed by a 4/5 vote of the Council, for cause.  Cause shall include but not be limited to having more than 3 consecutive absences or being absent from more than 1/3 of the meetings in any 1 calendar year.  The Council may consider exceptional circumstances when applying this rule.
(1997 Code, § 210.05)
§ 32.030  OFFICERS.
	The Commission shall elect a Chairperson, a Vice Chairperson, and a Secretary from among its appointed members at the annual meeting each year, for a term of 1 year.  The Chairperson shall preside at all meetings of the Commission, if present, and shall perform all other duties and functions required by state statute or assigned by the Commission or the Council.  The Vice Chairperson shall perform these duties in the absence of the Chairperson.  If a vacancy occurs in the Chairperson's office, the Vice Chairperson shall assume the Chairperson's duties for the remainder of the year, and a new Vice Chairperson shall be elected by the Commission at a special election to be held at the next regularly scheduled Commission meeting, after at least 2-days written notice to each Commission member.  The Secretary shall perform those duties assigned by state statute only.  A recording Secretary shall be appointed by the Council to take and keep the minutes and records of the Commission.
(1997 Code, § 210.06)
§ 32.031  ANNUAL MEETINGS.
	(A)	The Commission shall hold an annual meeting the second Monday in the month of January in each year.
	(B)	The meeting shall be devoted to the election of officers and other business as shall be scheduled.
(1997 Code, § 210.07)
§ 32.032  ANNUAL WORK PLAN.
	The Planning Commission shall meet with the Council at the Commission's first meeting in September each year to develop an annual work plan, including a list of projects, points of interaction on projects, programs, and goals for the following year.
(1997 Code, § 210.08)
§ 32.033  REGULAR MEETINGS.
	Regular meetings shall be held in the City Hall at 7:00 p.m. on the second and fourth Mondays of each month.  No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date.  A regular meeting may be canceled or rescheduled by the Commission at a prior meeting or if there are no scheduled agenda items on the Thursday prior to the meeting.  All action taken by the Commission shall be by the affirmative vote of a majority of the members present.
(1997 Code, § 210.09)
§ 32.034  SPECIAL MEETINGS.
	Special meetings of the Commission shall be held in the City Hall at a time and place designated or at a public place at a time designated and shall be called by the Chairperson.  Upon the written request of at least 4 members, the Chairperson shall be required to call a special meeting to be held within 7 days of the request.  Written notice of the meeting shall be given to all members not less than 3 working days in advance of the meeting.
(1997 Code, § 210.10)
§ 32.035  QUORUM.
	A quorum shall consist of 4 members.
(1997 Code, § 210.11)  (Am. Ord. 97-14, passed 9-2-1997; Am. Ord. 08-046, passed 6-21-2011)
§ 32.036  VOTING.
	Each member attending any meeting shall be entitled to cast 1 vote.  Voting shall be by voice vote.  If any member has a personal interest of any kind in the matter before the Commission, the member shall disclose the interest and be disqualified from voting upon the matter.  The Secretary shall record in the minutes that no vote was cast by that member.  Alternate members shall be entitled to cast 1 vote in the absence of any member.  The second alternate shall be entitled to cast 1 vote in the absence of any 2 members.
(1997 Code, § 210.12)
§ 32.037  PROCEEDINGS.
	At any regular meeting of the Commission, the following shall be the regular order of business:
	(A)	Roll call;
	(B)	Approval of agenda;
	(C)	Minutes of the preceding meeting;
	(D)	Public hearings as scheduled on the agenda;
	(E)	Old and new business as scheduled on the agenda;
	(F)	Communications;
	(G)	Other; and
	(H)	Adjournment.
(1997 Code, § 210.13)
§ 32.038  RULES OF PROCEDURE.
	All meetings of the Commission shall be conducted in accordance with the Revised Robert's Rules of Order.
(1997 Code, § 210.14)
§ 32.039  AGENDA.
	The Chairperson shall cause all items to be considered at any meeting to be placed on a written agenda by the City Administrator or an appointed designee.  The City Administrator, or appointed designee, shall advise the Chairperson of any matters the Commission must consider by Council directive, ordinance, or statute and shall have prepared and supply a written agenda of all meetings to all Commission members, the Council, and the public no less than 4 days before each meeting.
(1997 Code, § 210.15)
§ 32.040  RECORDS.
	Each formal action of the Commission shall be embodied in full upon the minute book as formal motion or resolution.  The minutes of each meeting shall be provided to each member, the Council, and the public no more than 7 days after the date of each meeting.  The recommendations and findings of the Commission shall be presented to the Council at the next regularly scheduled Council meeting.  The records of meetings and actions and recommendations shall be transmitted to the City Administrator, or appointed designee, for keeping and distribution.
(1997 Code, § 210.16)
§ 32.041  TRAINING.
	Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies and the Council shall budget for the reimbursement of expenses incurred in training each year.
(1997 Code, § 210.17)
§ 32.042  DUTIES AND POWERS OF THE COMMISSION; COMPREHENSIVE PLAN.
	(A)	Plan.  The Planning Commission shall have the powers and duties given city planning agencies generally by law.  The Commission shall also exercise the duties conferred upon it by this code.  It shall be the purpose of the Planning Commission to prepare and adopt a Comprehensive Plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan, and other matters relating to the physical development of the city.  The plan may be prepared in sections, each of which shall relate to the Comprehensive Plan program.  After the Commission has prepared and adopted the Comprehensive Plan, it shall periodically, but at least every 5 years, review the Comprehensive Plan and any ordinances or program implementing the plan.
	(B)	Means of executing plan.  Upon the adoption of a Comprehensive Plan or any section, it shall be the concern of the Planning Commission to recommend to the Council reasonable and practicable means for putting into effect the plan or section in order that the same will serve as a pattern and guide for the orderly physical development of the city and as a basis for judging the timely disbursements of funds to implement the objective.  Means of effectuating the plan shall, among other things, consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the Council.
	(C)	Zoning ordinance.  The Planning Commission shall review all proposed amendments to the zoning ordinance, take part in public hearings, and make recommendations to the Council as may be prescribed by the zoning ordinance.
	(D)	Conditional use permits.
		(1)	The Planning Commission may make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance.
		(2)	The Commission shall report its recommendations to the Council for action.
	(E)	Subdivisions.  The Planning Commission may make recommendations in relation to the subdividing of land as prescribed by the ordinance; the Commission shall report its recommendations to the Council for action.
	(F)	Variances.  The Planning Commission shall hear all variance requests from the literal provisions of this code, and shall follow the guidelines set forth in the zoning code.
	(G)	Capital Improvement Program.
		(1)	(a)	The Planning Commission shall endeavor to obtain from city officers a descriptive list of proposed improvements for the ensuing 5-year period.
			(b)	The Planning Commission shall also request from the local school district a similar list of its proposed public works.
		(2)	(a)	The Planning Commission shall list and classify all the proposed public works and shall prepare a coordinated program of proposed public works for the ensuing year and for a projected 5-year period.
			(b)	The program shall be recommended by the Planning Commission to the Council and to the other officers, departments, boards, or public bodies as have jurisdiction over the recommended planning or construction of the public works.
(1997 Code, § 210.18)
FIRE DEPARTMENT
§ 32.055  ORGANIZATION.
	The Fire Department shall consist of 1 Chief, 1 Assistant Chief at each fire station, and up to 28 firefighters between the ages of 18 to 65 years of age who are approved by the Council.
(1997 Code, § 215.01)
§ 32.056  MEMBERSHIP.
	(A)	The Fire Chief shall submit all applications or resignations from the Fire Department to the City Administrator.
	(B)	The City Administrator will then notify the Council of any new applicants or resignations from the Fire Department.
(1997 Code, § 215.02)
§ 32.057  DUTIES.
	In all cases of fire, the Chief, or in the Chief’s absence the Assistant Chief or next senior officer, shall have full control over all fire equipment and shall cause the equipment to be used in the most advantageous manner.
(1997 Code, § 215.03)
§ 32.058  RECORDS.
	(A)	The Chief shall maintain records of all alarms, fire losses, methods of extinguishment, drills, and conditions of equipment and hydrants.
	(B)	The Chief shall present current records to the Council at least quarterly.
(1997 Code, § 215.04)
§ 32.059  REMOVAL OF OBSTRUCTIONS.
	At any fire, the Chief and the Chief’s assistant shall have authority to authorize and direct the removal of any and all obstructions from in front of and around fire hydrants.
(1997 Code, § 215.05)
§ 32.060  MAINTENANCE.
	The Chief shall properly maintain all fire equipment and facilities, inspect all new equipment, and conduct appropriate drills to maintain a reasonable level of skill among the firefighters.
(1997 Code, § 215.06)
§ 32.061  UNAUTHORIZED USE OF EQUIPMENT.
	Unauthorized use of equipment of facilities shall be a misdemeanor.
(1997 Code, § 215.07)  Penalty, see § 10.99
§ 32.062  RIGHT-OF-WAY.
	(A)	All personal cars of Fire Department members shall have right-of-way over all other traffic when responding to a call.
	(B)	Firefighters’ cars may be designated, if necessary.  Firefighters shall obey all traffic laws en route to a fire alarm.
(1997 Code, § 215.08)  Penalty, see § 10.99
§ 32.063  OBSTRUCTIONS.
	No person shall park any vehicle of any description or place any material or obstruction within 20 feet of the entrance to any fire station, or within 15 feet of any fire hydrant or fire cistern, nor park any vehicles within 300 feet of a fire.
(1997 Code, § 215.09)  Penalty, see § 10.99
§ 32.064  FALSE ALARM.
	No person shall maliciously or intentionally sound a false fire alarm.
(1997 Code, § 215.10)  Penalty, see § 10.99
§ 32.065  PURSUIT.
	No unauthorized person shall ride upon, race with, trail, or follow within 600 feet of any apparatus belonging to the Fire Department when actively responding to a fire alarm.
(1997 Code, § 215.11)  Penalty, see § 10.99
§ 32.066  OBSTRUCTION OF FIRE DEPARTMENT.
	(A)	It is unlawful for any person to oppose or obstruct a member of the Fire Department or a firefighter in the performance of any legal duty.
	(B)	It is also unlawful for any person to obstruct or hinder the entry of a firefighter upon premises or into buildings or other places where a fire or fire hazard exists or is reasonably suspected to exist.
(1997 Code, § 215.12)  Penalty, see § 10.99
§ 32.067  COMPOSITION, APPOINTMENT AND THE LIKE.
	(A)	Composition.  The Lake Elmo Fire Department (the "Fire Department") is a volunteer department of the City of Lake Elmo (the "City") and shall consist of a fire chief; 2 district fire chiefs; 4 fire captains, and up to 28 additional firefighters. A total of 35 positions are authorized. The Fire Department is also authorized 2 volunteer support services positions (non firefighter) with need defined and requested by the chief and approved by the City Administrator. Payment structure will be defined by the City Administrator.
	(B)	Position classification. Firefighter positions have 2 classifications for compensation purposes: The city’s employee/voluntary firefighter and voluntary firefighter. Non firefighter positions will be defined as Volunteer Support Services.
	(C)	Compensation.  City employee voluntary firefighter positions shall be compensated at an annual stipend rate of $2,500 per year. This compensation will be provided to a volunteer firefighter, in good standing, who is a City employee that volunteers for the Fire Department. City volunteer firefighter positions shall be compensated at a rate of $10.25 per hour for calls for service. The compensation for voluntary firefighter service will change as proposed by the City Administrator and approved by the City Council. In additional, an annual and equal contribution to the city's Fireman's Retirement/Relief Association will be provided for each firefighter position regardless of the position or employment classification. The rate of contribution will vary as required by Minnesota Statute.
	(D)	Appointment of Fire Chief.  The replacement of the Fire Chief shall be selected by the Mayor and City Administrator from a pool of existing city firefighters, who have formally expressed interest in position through an application process and after achieving the established selection criterion. The Fire Chief will report to the City Administrator for overall management and regulation subject to the review by the City Council. The City Administrator and Mayor shall define the selection process. The selected candidates name shall be forwarded to the City Council for appointment confirmation. The Chief shall remain in that appointed position unless removed by the City Administrator and Mayor after formal concurrence by the City Council. The City Administrator and Mayor shall provide an annual evaluation of the fire chief. A volunteer fire chief stipend will also be paid in addition to volunteer firefighter payment for responding to calls for service.
	(E)	Appointment of District Fire Chiefs.  The District Fire Chiefs shall be selected in a designed process by the City Administrator and the Fire Chief and confirmed by the City Council. The District Fire Chiefs will continue to serve in the appointed position unless removed by the City Administrator and Fire Chief and confirmed by the City Council. The District Fire Chiefs will report to the Fire Chief for overall management and regulation. A volunteer District Fire Chiefs stipend will also be paid in addition to volunteer firefighter payment for responding to calls for service.
	(F)	Appointment of Fire Safety Officer.  The Fire Safety Officer shall be selected by the Fire Chief and, recommended to the City Administrator for confirmation by the City Council. The Fire Safety Officer will continue to serve in the appointed position unless removed by the City Fire Chief and City Administrator for confirmation by the City Council. The Fire Safety Officer will report to the Fire Chief for overall management and regulation. A volunteer Fire Safety Officer stipend will also be paid in addition to volunteer firefighter payment for responding to calls for service.
	(G)	Appointment of Fire Captains.  The Fire Captains shall be selected in a designed process by the City Fire Chief, District Fire Chiefs and recommended to the City Administrator for confirmation by the City Council. The position of Captain will continue to serve in the appointed volunteer position unless removed by the Fire Chief and recommended to the City Administrator for confirmation in by the City Council. The Captains will report to the Fire Chief and District Fire Chiefs for overall management and regulation. A volunteer Fire Captain's stipend will also be paid in addition to the volunteer firefighter payment for responding to calls for service.
	(H)	Fire Department Policy Manual.  The Fire Chief and District Fire Chiefs shall develop, review and implement Department policies to communicate existing rules, operational procedures and practices and to establish performance standards. Policy developed shall be reviewed by the District Fire Chiefs, Fire Captains and the Fire Safety Officer prior to review and concurrence by the city’s Administrator. Department Policies shall define as required behavior. Standard Operating Guidelines (SOGs) shall also be developed in a separate section of the Departmental Policy Manual. SOGs should be considered as guidance's and not required behavior. All Fire Department SOGs will have a final review and concurrence by the City Administrator. Any portion of an SOG developed or implemented determined in conflict with City operational practice or law will be considered repealed.
	(I)	Equipment.  The Fire Chief shall prepare and, from time to time update, an inventory of the Fire Department equipment and shall recommend additions to or replacement of equipment for inclusion in the city's Capital Improvement Program.
	(J)	Unauthorized use of equipment. Unauthorized use of Fire Department equipment or facilities shall be a misdemeanor.
	(K)	Right-of-way.  All personal cars of Fire Department members shall have right-of-way over all other traffic when responding to a call. Firefighters cars may be designated as such if necessary. Firefighters shall obey all traffic laws en-route to a fire alarm.
	(L)	Obstructions. No person shall park any vehicle of any description or place any material or any obstruction within 20 feet of the entrance to a fire station or within 15 feet of any fire hydrant or fire system. No person shall park any vehicles within 300 feet of a fire. No person shall oppose or obstruct a member of the Fire Department or a firefighter in the performance of any legal duty. No person shall obstruct or hinder the entry of a firefighter upon premises or into buildings or other places where a fire or fire hazard exists or is reasonably suspected to exist.
	(M)	False alarm.  No person shall maliciously or intentionally sound a false alarm.
	(N)	Pursuit.  No unauthorized person shall ride upon, race with, trail or follow within 600 feet of any apparatus belonging to the Fire Department when actively responding to a fire alarm.
(Ord. 97-141, passed 9-21-2004)
PARKS COMMISSION
§ 32.080  ESTABLISHMENT.
	A Parks Commission of the city is hereby continued.
(1997 Code, § 225.01)
§ 32.081  PURPOSE.
	The Parks Commission is established to review and make recommendations to the Council on the future development of city parks, including the establishment of and improvements to the parks, and to make recommendations to the Council on policies governing the maintenance and public use of the parks within the city.
(1997 Code, § 225.02) (Am. Ord. 08-092, passed 10-15-2013)
§ 32.082  COMPOSITION.
	The Parks Commission shall consist of 7 members and 2 alternate members.  The voting members shall be appointed by the City Council for a 3-year term.  Voting members may not serve more than 2 consecutive terms.  Appointment to an additional term(s) will be considered with the available applicant pool.  Alternate members shall be appointed to serve until there is a vacancy on the Parks Commission.  The City Council shall appoint a first alternate and a second alternate who shall become voting members in the order of their appointment.  In its discretion, the City Council may adjust the lengths of terms of office for Parks Commission members so that no more than one-half of the terms expire in any given year.
(1997 Code, § 225.03)  (Am. Ord. 97-148, passed 2-15-2005; Am. Ord. 08-038, passed 1-25-2011)
§ 32.083  QUALIFICATIONS.
	Each member and alternate member shall be a resident of the city.  Wherever possible, Commission members should represent all geographical areas of the city and a cross-section of the population of the city at the time of appointment.
(1997 Code, § 225.04)
§ 32.084  REMOVAL.
	Any member or alternate member may be removed by a 4/5 vote of the Council, for cause.  Cause shall include but not be limited to having more than 3 consecutive unexcused absences or being absent from more than 1/3 of the meetings in any 1 calendar year.  The Council may consider exceptional circumstances when applying this rule.
(1997 Code, § 225.05)
§ 32.085  OFFICERS.
	The Commission shall elect a Chairperson, a Vice Chairperson, and may elect a Secretary from among its appointed members at the annual meeting each year, for a term of 1 year.  The Chairperson shall preside at all meetings of the Commission, if present, and shall perform all other duties and functions assigned by the Commission or the Council.  The Vice Chairperson shall perform these duties in the absence of the Chairperson.  If a vacancy occurs in the Chairperson's office, the Vice Chairperson shall assume the Chairperson's duties for the remainder of the year; and a new Vice Chairperson shall be elected by the Commission at a special election to be held at the next regularly scheduled Commission meeting, after at least 2-days written notice to each Commission member.  A recording Secretary shall be appointed by the Council to take and keep the minutes and records of the Commission.
(1997 Code, § 225.06)
§ 32.086  ANNUAL MEETING.
	The Commission shall hold an annual meeting the first Monday in the month of January in each year, unless the first Monday is New Year's Day, in which case the annual meeting shall be held at the first regularly scheduled meeting of the Commission in the month of January in each year.  The meeting shall be devoted to the election of officers and other business as shall be scheduled.
(1997 Code, § 225.07)
§ 32.087  ANNUAL WORK PLAN.
	The Parks Commission shall meet with the Council at their first meeting in April each year to develop an annual work plan, including a list of projects, points of interaction on projects, programs, and goals for the year.
(1997 Code, § 225.08)
§ 32.088  REGULAR MEETINGS.
	(A)	The date, place, and time of regular meetings of the Parks Commission will be specified by the Council as a policy statement that will be included in the city's policy book.  The intent of this section is to allow the Parks Commission meetings to be set by city policy rather than by ordinance.
	(B)	No action shall be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date.  A regular meeting may be canceled or rescheduled by the Commission at a prior meeting if there are no scheduled agenda items on the Thursday prior to the meeting.  All action taken by the Commission shall be by the affirmative vote of a majority of the members present.
(1997 Code, § 225.09)
§ 32.089  SPECIAL MEETINGS.
	(A)	Special meetings of the Commission shall be held in the City Hall at a time and place designated or at a public place at a time designated and shall be called by the Chairperson.
	(B)	Upon the written request of at least 4 members, the Chairperson shall be required to call a special meeting to be held within 7 days of the request.
	(C)	Written notice of the special meeting shall be given to all members not less than 72 hours in advance of the meeting.
(1997 Code, § 225.10)
§ 32.090  REQUIRED NUMBER OF MEMBERS PRESENT TO CONDUCT MEETINGS.
	A meeting can be conducted if 5 members of the Commission are present.
(1997 Code, § 225.11)  (Am. Ord. 97-114, passed 9-17-2002)
§ 32.091  VOTING.
	Each member attending any meeting shall be entitled to cast 1 vote.  Voting shall be by voice vote.  If any member has a personal interest of any kind in the matter then before the Commission, the member shall disclose this interest and be disqualified from voting upon the matter.  The Secretary shall record in the minutes that no vote was cast by the member.  Alternate members shall be entitled to cast 1 vote in the absence of any member.  The second alternate shall be entitled to cast 1 vote in the absence of any 2 members.
(1997 Code, § 225.12)
§ 32.092  PROCEEDINGS.
	At any regular meeting of the Commission, the following shall be the regular order of business:
	(A)	Roll call;
	(B)	Minutes of the preceding meeting;
	(C)	Public hearings as scheduled on the agenda;
	(D)	Old and new business as scheduled on the agenda;
	(E)	Communications; and
	(F)	Adjournment.
(1997 Code, § 225.13)
§ 32.093  RULES OF PROCEDURE.
	All meetings of the Commission shall be conducted in accordance with the Revised Robert's Rules of Order.
(1997 Code, § 225.14)
§ 32.094  AGENDA.
	The Chairperson shall cause all items to be considered at any meeting to be placed on a written agenda by the City Administrator.  The City Administrator shall advise the Chairperson of any matters the Commission must consider by Council directive, ordinance, or statute and shall have prepared and mailed a written agenda of all meetings to all Commission members, the Council, and the public, no less than 4 days before each meeting.
(1997 Code, § 225.15)
§ 32.095  RECORDS.
	Each formal action of the Commission shall be embodied in full upon the minute book as a formal motion or resolution after an affirmative vote as provided in this section.  The minutes of each meeting shall be provided to each member, the Council, and the public no more than 7 days after the date of each meeting.  The recommendations and findings of the Commission shall be presented to the Council at the next regularly scheduled Council meeting.  The records of meetings and actions and recommendations shall be transmitted to the City Administrator for keeping and distribution.
(1997 Code, § 225.16)
§ 32.096  TRAINING.
	Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies and the Council shall budget for the reimbursement of expenses incurred in training each year.
(1997 Code, § 225.17)
§ 32.097  POWERS AND DUTIES.
	(A)	The Commission shall prepare, hold hearings on, and recommend to the Council the plans, programs, and policies as it deems necessary to carry out the purposes of §§ 32.080 et seq.
	(B)	The powers shall include but not necessarily be limited to studying and recommending to the Council on the following:
		(1)	Land acquisition for park and recreation purposes;
		(2)	Plans for major improvements in city parks;
		(3)	Rules and requirements for conduct of and in parks and recreation facilities;
		(4)	Plans and programs relating to the design and programming of city parks; and
		(5)	The other plans and programs as may be assigned from time to time.
	(C)	The Commission shall not be considered a park board under Minnesota Statutes and shall have no powers to acquire or lease land, employ personnel, enter into contracts or leases, or any similar powers authorized a park board by Minnesota Statutes.
(1997 Code, § 225.18)
HERITAGE PRESERVATION COMMISSION
§ 32.110  ESTABLISHMENT.
	In accordance with M.S. § 471.193 (Municipal Heritage Preservation), as it may be amended from time to time, and the powers of this statutory city, a Heritage Preservation Commission is hereby continued.
(1997 Code, § 230.01)
§ 32.111  PURPOSE.
	The purpose of the Heritage Preservation Commission is to engage in a comprehensive program of historic preservation and to preserve and promote the city's historic resources according to this section.
(1997 Code, § 230.02)
§ 32.112  COMPOSITION.
	(A)	The Heritage Preservation Commission (H.P.C.) shall consist of 5 members, 2 alternate members, and 1 ex officio member from the Washington County Historical Society.
	(B)	Members shall be appointed by the Council for 3 year terms so that only 1/3 of the appointments will expire on December 31 of each year.  No member may serve more than 2 consecutive 3-year terms unless the average years of service for all Commission members is less than 4 years.  A member who has served 2 terms may be reappointed by the Council after a 1-year absence.
	(C)	The Council shall designate a first alternate and a second alternate who will become full members in order of appointment and shall complete the unexpired term of the member they succeed.
	(D)	If the office of any alternate becomes vacant, the vacancy shall be filled in the same manner in which the last regular appointment for that office was made.
(1997 Code, § 230.03)
§ 32.113  QUALIFICATIONS.
	Each Commission member must be a person with demonstrated interest and expertise in historic preservation and must reside or work within the city with the exception of ex officio members.
(1997 Code, § 230.04)
§ 32.114  REMOVAL.
	Any member or alternate member may be removed by a 4/5 vote of the Council, for cause.  Cause shall include, but not be limited to, having more than 3 consecutive unexcused absences or being absent from more than 1/3 of the meetings in any 1 calendar year.  The Council may consider exceptional circumstances when applying the rule.
(1997 Code, § 230.05)
§ 32.115  OFFICERS.
	The Commission shall elect a Chairperson, a Vice Chairperson, and may elect a Secretary from among its appointed members at the annual meeting each year, for a term of 1 year.  The Chairperson shall preside at all meetings of the Commission, if present, and shall perform all other duties and functions assigned by the Commission or the Council.  The Vice Chairperson shall perform these duties in the absence of the Chairperson.  If a vacancy occurs in the Chairperson's office, the Vice Chairperson shall assume the Chairperson's duties for the remainder of the year; and a new Vice Chairperson shall be elected by the Commission at a special election to be held at the next regularly scheduled Commission meeting, after at least 2-days written notice to each Commission member.
(1997 Code, § 230.06)
§ 32.116  ANNUAL MEETING.
	The Commission shall hold an annual meeting the first Monday in the month of January in each year unless the first Monday is a New Year's Day, in which case the annual meeting shall be held at the first regularly scheduled meeting of the Commission in the month of January in each year.  The meeting shall be devoted to the election of officers and the other business as shall be scheduled.
(1997 Code, § 230.07)
§ 32.117  ANNUAL WORK PLAN.
	The Commission shall meet with the Council at their first meeting after formation and at the first meeting in September each year thereafter to review activities during the preceding year and develop an annual work plan through the establishment and review of goals, objectives, and tentative action steps.
(1997 Code, § 230.08)
§ 32.118  REGULAR MEETINGS.
	Regular meetings shall be held in the City Hall at __ p.m. on the ____ of each month.  No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date.  A regular meeting may be canceled or rescheduled by the Commission at a prior meeting if there are no scheduled agenda items on the Thursday prior to the meeting.  All action taken by the Commission shall be by the affirmative vote of a majority of the members present.
(1997 Code, § 230.09)
§ 32.119  SPECIAL MEETINGS.
	Special meetings of the Commission shall be held in the City Hall at a time and place designated or at a public place at a time designated and shall be called by the Chairperson.  Upon the written request of at least 4 members, the Chairperson shall be required to call a special meeting to be held within seven days of the request.  Written notice of the special meeting shall be given to all members not less than 72 hours in advance of the meeting.
(1997 Code, § 230.10)
§ 32.120  QUORUM.
	A quorum shall consist of 2/3 of the members.
(1997 Code, § 230.11)
§ 32.121  VOTING.
	Each member attending any meeting shall be entitled to cast 1 vote.  Voting shall be by voice vote.  If any member has a personal interest of any kind in the matter then before the Commission, the member shall disclose this interest and be disqualified from voting upon the matter.  The Secretary shall record in the minutes that no vote was cast by the member.  Alternate members shall be entitled to cast 1 vote in the absence of any member.  The second alternate shall be entitled to cast 1 vote in the absence of any 2 members.
(1997 Code, § 230.12)
§ 32.122  PROCEEDINGS.
	At any regular meeting of the Commission the following shall be the regular order of business:
	(A)	Roll call;
	(B)	Minutes of the preceding meeting;
	(C)	Old and new business as scheduled on the agenda;
	(D)	Communications; and
	(E)	Adjournment.
(1997 Code, § 230.13)
§ 32.123  RULES OF PROCEDURES.
	All meetings of the Commission shall be conducted in accordance with the Revised Robert's Rules of Order.
(1997 Code, § 230.14)
§ 32.124  AGENDA.
	(A)	The Chairperson shall cause all items to be considered at any meeting to be placed on a written agenda by the City Administrator.
	(B)	The City Administrator shall advise the Chairperson of any matters the Commission must consider by Council directive, ordinance, or statute and shall have prepared and mailed a written agenda of all meetings to all Commission members, the Council, and the public no less than 4 days before each meeting.
(1997 Code, § 230.15)
§ 32.125  RECORDS.
	Each formal action of the Commission shall be embodied in full upon the minute book as a formal motion or resolution after an affirmative vote as provided herein §§ 32.110 et seq.  The minutes of each meeting shall be provided to each member, the Council, and the public no more than 7 days after the date of each meeting.  The recommendations and findings of the Commission shall be presented to the Council at the next regularly scheduled Council meeting.  The records of meetings and actions and recommendations shall be transmitted to the City Administrator for keeping and distribution.
(1997 Code, § 230.16)
§ 32.126  TRAINING.
	Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies, and the Council shall budget for the reimbursement of expenses incurred in training each year.
(1997 Code, § 230.17)
§ 32.127  POWERS.
	The powers of the Commission are to actively promote historical preservation within the city; to receive and cause to be made public display of artifacts of significance to the community, and to appropriately receive and secure them; to write, or cause to be written, a pictorial (all media) history of the city; to establish and maintain liaison with civic, church, and other groups for the purpose of promoting historic preservation and timely securing artifacts; to promote giving of artifacts, structures, or money to promote the activities involved in historical preservation; and further:
	(A)	To survey and recommend to the Council the designation of districts, sites, buildings, structures, and objects that are of historical, architectural, archaeological, engineering, or cultural significance;
	(B)	To recommend to the Council rules governing construction, alteration, demolition, and use, including the review of building permits, and the adoption of other measures appropriate for the preservation, protection, and perpetuation of designated properties and areas;
	(C)	To recommend to the Council the acquisition by purchase, gift, or bequest of a fee or lesser interest, including preservation restrictions, in designated properties and adjacent or associated lands which are important for the preservations and use of the designated properties;
	(D)	To recommend to the Council the use of its powers of eminent domain to maintain or preserve designated properties and adjacent or associated lands;
	(E)	To recommend to the Council the granting of use variances to the zoning ordinance for the purpose of promoting historical preservation or continuity;
	(F)	To participate in the conduct of land use planning processes by the review and comment on documents or actions relating to designated areas and on comprehensive plans; and
	(G)	To recommend to the Council the removal of blighting influences in designated areas, including signs, unsightly structures, and debris incompatible with the physical well-being of the areas.
(1997 Code, § 230.18)
§ 32.128  COMMUNICATION WITH THE STATE HISTORIC PRESERVATION OFFICER.
	Proposed site designations and design guidelines must be sent to the state historic preservation officer at the Minnesota Historical Society, after initial review by the Council, who shall review and comment on the proposal within 60 days.  By October 31 of each year, each Commission shall submit an annual report to the State Historic Preservation Officer.  The report must summarize the Commission's activities including designations, reviews, and other activities during the previous 12 months.
(1997 Code, § 230.19)
HUMAN RIGHTS COMMISSION
§ 32.140  ESTABLISHMENT.
	A Human Rights Commission of the city is hereby established.
(1997 Code, § 240.01)
§ 32.141  INTENT, PURPOSE, AND MISSION.
	The intent, purpose, and mission of the Human Rights Commission, in cooperation with the Minnesota State Department of Human Rights, to secure for all citizens equal opportunity in housing, employment, public accommodations, public services, and education, and to work consistently to foster a positive human relations climate in the City of Lake Elmo.
(1997 Code, § 240.02)
§ 32.142  COMPOSITION.
	(A)	The Human Rights Commission shall consist of 7 members.  The Council shall appoint members for 3-year terms so that only 1/3 of the appointments will expire on December 31 of each year.  No member may serve more than 2 consecutive 3-year terms unless the average years of service for all Commission members are less than 4 years.  The Council may reappoint a member who has served 2 terms after a 1-year absence.
	(B)	In the case of original members, 1 member shall be appointed for a term expiring in 1 year, 1 member shall be appointed for a term expiring in 2 years, and 1 member shall be appointed for a term expiring in 3 years.
(1997 Code, § 240.03)
§ 32.143  REMOVAL.
	Any member may be removed by a 4/5 vote of the Council, for cause. Cause shall include, but not be limited to, having more than 3 consecutive unexcused absences or being absent from more than 1/3 of the meetings in any 1 calendar year. The Council may consider exceptional circumstances when applying the rule.
(1997 Code, § 240.04)
§ 32.144  OFFICERS.
	The Commission shall elect a Chairperson, a Vice Chairperson, Secretary from among its appointed members at the annual meeting each year, for a term of 1 year.  The Chairperson shall preside at all meetings of the Commission, if present, and shall perform all other duties and functions assigned by the Commission or the Council.  The Vice Chairperson shall perform these duties in the absence of the Chairperson.  If a vacancy occurs in the Chairperson's office, the Vice Chairperson shall assume the Chairperson's duties for the remainder of the year.  A new Vice Chairperson shall be elected by the Commission at a special election to be held at the next regularly scheduled Commission meeting, after at least 2-days written notice to each Commission member.  The Secretary shall take minutes of all meetings.
(1997 Code, § 240.05)
§ 32.145  ANNUAL MEETING.
	The Commission shall hold an annual meeting the first meeting in each year.  The meeting shall be devoted to the election of officers and the other business as shall be scheduled.
(1997 Code, § 240.06)
§ 32.146  REGULAR MEETINGS.
	Regular meetings shall be held in the City Hall at 7:00 p.m. on the third Monday of each month.  No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date.  A regular meeting may be canceled or rescheduled by the Commission at a prior meeting if there are no scheduled agenda items on the Thursday before the meeting.  All action taken by the Commission shall be by the affirmative vote of a majority of the members present.
(1997 Code, § 240.07)
§ 32.147  SPECIAL MEETINGS.
	Special meetings of the Commission shall be held in the City Hall at a time and place designated or at a public place at a time designated and shall be called by the Chairperson.  Upon the written request of at least 4 members, the Chairperson shall be required to call a special meeting to be held within 7 days of the request.  Written notice of the special meeting shall be given to all members not less than 72 hours in advance of the meeting.
(1997 Code, § 240.08)
§ 32.148  QUORUM.
	A quorum shall consist of 4 members.
(1997 Code, § 240.09)
§ 32.149  VOTING.
	(A)	Each member attending any meeting shall be entitled to cast 1 vote.
	(B)	Voting shall be by voice vote.
	(C)	If any member has a personal interest of any kind in the matter then before the Commission, the member shall disclose this interest and be disqualified from voting upon the matter.
	(D)	The Secretary shall record in the minutes that the member cast no vote.
(1997 Code, § 240.10)
§ 32.150  PROCEEDINGS.
	At any regular meeting of the Commission, the following shall be the regular order of business:
	(A)	Roll call;
	(B)	Minutes of the preceding meeting;
	(C)	Old and new business as scheduled on the agenda;
	(D)	Communications; and
	(E)	Adjournment.
(1997 Code, § 240.11)
§ 32.151  RULES OF PROCEDURES.
	All meetings of the Commission shall be conducted in accordance with the Revised Robert's Rules of Order.
(1997 Code, § 240.12)
§ 32.152  AGENDA.
	An agenda shall be prepared for all meetings outlining the topics to be discussed at the meeting.  The City Administrator shall advise the Chairperson of any matters the Commission must consider by Council directive, ordinance, or statute and shall have prepared and mailed a written agenda of all meetings to all Commission members, the Council, and the public no less than 4 days before each meeting.
(1997 Code, § 240.13)
§ 32.153  RECORDS.
	Each formal action of the Commission shall be embodied in full upon the minute book as a formal motion or resolution after an affirmative vote as provided in §§ 32.140 et seq.  The recommendations and findings of the Commission shall be presented to the Council at the next regularly scheduled Council meeting.  The records of meetings and actions and recommendations shall be transmitted to the City Administrator for keeping and distribution.
(1997 Code, § 240.14)
§ 32.154  TRAINING.
	Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies, and the Council shall budget for the reimbursement of expenses incurred in training each year.
(1997 Code, § 240.15)
§ 32.155  DUTIES OF THE COMMISSION.
	(A)	The Commission shall foster, through education and public information, general awareness and understanding of human relations and human rights issues and laws in the community.
	(B)	The Commission shall enlist the cooperation of agencies, organizations, and individuals in the community, and shall cooperate with the Human and Civil Rights Agencies of other communities in an active program directed to create equal opportunities and equal rights for all persons.
	(C)	The Commission shall annually recognize individuals and groups for their contribution to furthering positive human relations in the community.
	(D)	The Commission shall advise the Mayor, City Council, and City Administrator on human relations and civil rights issues and recommend to the Mayor, City Council, and City Administrator the adoption of the specific policies or actions as are needed to provide for full equal opportunity in the City of Lake Elmo.
	(E)	The Commission may recommend that the city take a part in the no-fault grievance process administered by the Minnesota Department of Human Rights, and, if an election is made, the Commission shall be bound by all rules promulgated pursuant to the rule making authority of that body.
	(F)	The Commission shall not seek to impose penalties, or become involved in issues not directly related to human relations and human rights.
	(G)	The Commission shall inform any persons seeking to resolve their disputes through the Commission of their rights to pursue a claim through the Minnesota Department of Human Rights as well as to voluntarily participate in a dispute resolution process.
	(H)	The Commission will not become involved in matters which are germane to other established boards or commissions of the city, but may recommend that other commissioners review and comment on the issues.
(1997 Code, § 240.16)
CHAPTER 33:  EMERGENCY MANAGEMENT
Section
	33.01	Policy and purpose
	33.02	Establishment of Emergency Management Organization
	33.03	Powers and duties of Director
	33.04	Local emergencies
	33.05	Emergency regulations
	33.06	Emergency management a government function
	33.07	Participation in labor disputes or politics
§ 33.01  POLICY AND PURPOSE.
	Because of the existing possibility of the occurrence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds, or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure; and in order to ensure that preparations of this city will be adequate to deal with those 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 this city, it is hereby found and declared to be necessary:
	(A)	To establish a City Emergency Management Organization responsible for city planning and preparation for emergency government operations in time of disasters;
	(B)	To provide for the exercise of necessary powers during emergencies and disasters;
	(C)	To provide for the rendering of mutual aid between this city and other political subdivisions of this state and of other states with respect to the carrying out of emergency-preparedness functions; and
	(D)	To comply with the provisions of M.S. § 12.25, as it may be amended from time to time, which requires that each political subdivision of the state shall establish a local organization for emergency management.
§ 33.02  ESTABLISHMENT OF EMERGENCY MANAGEMENT ORGANIZATION.
	There is hereby created within the city government an Emergency Management Organization which shall be under the supervision and control of the City Emergency Management Director, called the Director.  The Director shall be appointed by the Mayor with approval of the City Council for an indefinite term and may be removed by him or her at any time.  The Director shall serve with a salary as established by the City Council and shall be paid his or her necessary expenses.  The Director shall have direct responsibility for the organization, administration, and operation of the emergency preparedness organization, subject to the direction and control of the Mayor.
§ 33.03  POWERS AND DUTIES OF DIRECTOR.
	(A)	The Director, with the consent of the Mayor, shall represent the city on any regional or state conference for emergency management.  The Director shall develop proposed mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present these agreements to the Council for its action. These arrangements shall be consistent with the State Emergency Plan.
	(B)	The Director shall make studies and surveys of the human resources, industries, resources, and facilities of the city as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency or disaster.  The Director shall establish the economic stabilization systems and measures, service staffs, boards, and sub-boards required, in accordance with state and federal plans and directions subject to the approval of the Mayor.
	(C)	The Director shall prepare a comprehensive emergency plan for the emergency preparedness of the city and shall present the plan to the Council for its approval.  When the Council has approved the plan, it shall be the duty of all city agencies and all emergency preparedness forces 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 Director shall coordinate the emergency management activities of the city to the end that they shall be consistent and fully integrated with the emergency plans of the federal government and the state and correlated with emergency plans of the county and other political subdivisions within the state.
	(D)	In accordance with the State and City Emergency Plan, the Director shall institute training programs, public information programs, and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective operation of the City Emergency Plan when a disaster occurs.
	(E)	The Director shall utilize the personnel, services, equipment, supplies, and facilities of existing departments and agencies of the city to the maximum extent practicable.  The officers and personnel of all city departments and agencies shall, to the maximum extent practicable, cooperate with and extend services and facilities to the city's Emergency Management Organization and to the Governor upon request.  The head of each department or agency in cooperation with the Director shall be responsible for the planning and programming of those emergency activities as will involve the utilization of the facilities of the department or agency.
	(F)	The Director shall, in cooperation with those city departments and agencies affected, assist in the organizing, recruiting, and training of emergency management personnel, which may be required on a volunteer basis to carry out the emergency plans of the city and state.  To the extent that emergency personnel are recruited to augment a regular city department or agency for emergencies, they shall be assigned to the departments or agencies and shall be under the administration and control of the department or agency.
	(G)	Consistent with the state emergency services law, the Director shall coordinate the activity of municipal emergency management organizations within the city and assist in establishing and conducting training programs as required to assure emergency operational capability in the several services as provided by M.S. § 12.25, as it may be amended from time to time.
	(H)	The Director shall carry out all orders, rules, and regulations issued by the Governor with reference to emergency management.
	(I)	The Director shall prepare and submit reports on emergency preparedness activities when requested by the Mayor.
§ 33.04  LOCAL EMERGENCIES.
	(A)	A local emergency may be declared only by the Mayor or his or her legal successor.  It shall not be continued for a period in excess of 3 days except by or with the consent of the Council.  Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed in the office of the City Clerk.
	(B)	A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable local or inter-jurisdictional disaster plans, and may authorize aid and assistance thereunder.
	(C)	No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions.  However, an inter-jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions.
§ 33.05  EMERGENCY REGULATIONS.
	(A)	Whenever necessary, to meet a declared emergency or to prepare for an emergency for which adequate regulations have not been adopted by the Governor or the Council, the Council may by resolution promulgate regulations, consistent with applicable federal or state law or regulation, respecting:  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, drills or practice periods required for preliminary training, and all other matters which are required to protect public safety, health, and welfare in declared emergencies.
	(B)	Every resolution of emergency regulations shall be in writing; shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the office of the City Clerk.  A copy shall be kept posted and available for public inspection during business hours.  Notice of the existence of these regulations and their availability for inspection at the City Clerk's office shall be conspicuously posted at the front of the City Hall or other headquarters of the city or at other places in the affected area as the Council shall designate in the resolution.  By resolution, the Council may modify or rescind a regulation.
	(C)	(1)	The Council may rescind any regulation by resolution at any time.
		(2)	If not sooner rescinded, every regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first.
		(3)	Any resolution, rule, or regulation inconsistent with an emergency regulation promulgated by the Council shall be suspended during the period of time and to the extent conflict exists.
	(D)	(1)	During a declared emergency, the city is, under the provisions of M.S. § 12.31, as it may be amended from time to time and notwithstanding any statutory or Charter provision to the contrary, empowered, through its Council, acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of a disaster.
		(2)	The city may exercise these powers in the light of the exigencies of the disaster without compliance with the time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, including, but not limited to, publication of resolutions, publication of calls for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for bids.
§ 33.06  EMERGENCY MANAGEMENT A GOVERNMENT FUNCTION.
	(A)	All functions and activities relating to emergency management are hereby declared to be governmental functions.
	(B)	The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this resolution or under the worker's compensation law, or under any pension law, nor the right of any person to receive any benefits or compensation under any act of Congress.
§ 33.07  PARTICIPATION IN LABOR DISPUTES OR POLITICS.
	The Emergency Management Organization 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 labor dispute.