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NOTICE OF MEETING
City Council Workshop
3800 Laverne Avenue North
Wednesday, August 10, 2016
6:30 PM
1. Call to Order 6:30 pm
II. Street Naming Policy 6:30 pm
III. City Code Chap 31 7:00 pm
IV. Adjourn 7:30 pm
TI IF CITY ()IT,
I AKE ELIVIO
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
BACKGROUND:
MAYOR AND COUNCIL COMMUNICATION
Street Naming, Policy
Emily Becker, City Planner
Kristina Handt, City Administrator
Stephen Wensman, Planning Director
DATE: 7/5/2016
CONSENT
ITEM: 14
Currently, Chapter 153: Subdivision Regulations, Section 07: Preliminary Plat, Subd, E: Proposed Design
Features mandates that street names and numbering system shall comply with the County Uniform Street
Numbering System. It also states that the "name of any street used in the city or its environs shall not be
used [in a proposed plat] unless the proposed street is a logical extension of an already named street, in
which event the same name shall be used."
The County Uniform Street Naming and Property Numbering System was developed by the County in
1967 and adopted by the City in an Agreement with the County in 1971. The City canceled the street
naming portion of the agreement by Resolution #2000-071 in 2000 in response to the County's refusal to
record the Fields of St. Croix II plat because the street names did not correspond to the agreed -to system.
In 2005, Ordinance 97-149 was adopted reintroducing a uniform street naming system within the City
that follows the general pattern (alphabetical west -to -east) of the 1971 Agreement, but which also allows
some street naming latitude as long as the alphabetical range is adhered to. The purpose of this ordinance
was to have the force of law for future plats in regards to street naming. This ordinance, however, no
longer exists in the published Lake Elmo Code of Ordinances. The reason for this is unclear to Staff as
there has been no found record of its repeal.
Without a current and clear street naming policy or ordinance, there has been recent confusion and
discussion about street naming within new developments. Attached is research gathered on these
discussions about street naming from Council meeting minutes in the past year. Summarily, with Staff
transitions, it has not been clear what actual policy or ordinance to refer to when reviewing proposed
street names.
Staff has found that a motion "that if the street dead ends, so does the name" was passed at the May 5,
2015 City Council meeting with a vote of 3-2. However, no formal document was prepared or approved.
This supposed policy holds that when streets are not continuous, they should not have the same name i.e.
a street name should only be in one development within the City).
City Council Meeting 7/5/2016 Consent Agenda Item #14
In order to provide clarity on this issue and to remove conflicting City Code, Staff is proposing, an
official City street naming policy be enacted and that the policy be referred to in the City Code. Staff is
also recommending the repeal of City Code references to the County Uniform Street Naming and
Property Numbering System
ISSUE BEFORE COUNCIL:
The Council should decide if the City should adopt a street naming policy, repealing reference to the
County Uniform Street Numbering System
PROPOSAL DETAILS/ANALYSIS;
Repeal Section 540. Ordinance No. 97-149, which added Section 540 relating to the uniform system for
naming streets and numbering properties and principal buildings in the City of Lake Ehno, was never
found to be repealed, according to research by Staff; there is no reference to the References to Ordinances
Section of the City Code. As a result, the proposed ordinance will officially repeal this Section,
Amendment to Section 153.07: Preliminary Plat, Subd. (E) (1). It is being proposed that the reference
to the County Uniform Street Numbering System in Chapter 153 be repealed as well as the language
stating that the "name of any street used in the city or its environs shall not be used [in a proposed plat]
unless the proposed street is a logical extension of an already named street, in which event the same name
shall be used," Reference to the City Street Naming Policy should be placed here instead.
Proposed Policy. As previously explained, a number of changes have been made to how streets are
named over the past years. With changes to the City, it is likely that changes will continue to happen in
order to accommodate new development. Because of this, it is proposed that a street naming policy be
enacted, and that this policy be referenced by ordinance. Resultantly, changes to the way streets are
named can be made without ordinance amendments,
Partial Utilization of County Uniform Street Naming and Property Numbering System. There are a
number of procedures from this manual that make sense and should be utilized in the City street naming
policy. The following are proposed policies that follow the Uniform Street Naming and Property
Numbering System:
North -South Streets. Streets running north -south are labelled as avenues. It is proposed that
streets will need to be named based on alphabetical order east to west, starting with "Hi-" on the
far west side of the City and ending with "Ma-" on the far east side of the City. A grid outlining
this system is attached.
Exception. Because the City has deviated from this rule in the past (i.e. in the Wildlfower,
Tapestry, Whistling Valley) the Council should consider if street names that do not
follow the alphabetical order but relate to the development name should be allowed.
East-West Streets. Streets running north -south are labelled as streets and are numbered,
decreasing from 60111 Street at the far north of the city, ending at Hudson Boulevard, A grid
outlining this numbering system is attached.
2
City Council Meeting 7/5/2016 Consent Agenda Item #14
.411 Other Streets. Such streets that do not directionally fit in to the above -mentioned categories
should be named as follows:
NE to SW streets shall be called Boulevards.
NW to SE streets shall be called Roads.
Streets that relate to a base street from which it is extended shall be called Courts or
Circles.
Streets that dip in form a connecting off -shoot from another street shall be called Lanes
or Ways.
Meandering routes shall he called Trails,
Property Numbering System. There shall be 1000 properly numbers, or 500 numbers on each side
of the street, available per mile. Each 12 feet of street frontage shall be assigned a number.
Odd and Even Numbers. Odd numbers shall be used on the South and East sides of the streets arid
even numbers shall be used on the North and West sides of the streets.
Assignment of Numbers on Corner Lots. Property numbers should be assigned to according to what is
meant to be the front lot line as defined by the Lake Elmo Code of Ordinances,
No Duplication. Any street that stops in one part of the City shall not be used in another part of the City,
regardless if it is on the same grid as another street. Numbered streets are an exception to this rule.
NInst End With "North." hi order to keep all street names unitban, it is proposed that all street names
be required to end with "North."
New Development. The City Street Naming Policy shall apply to new development. Existing street
names shall remain the same.
FISCAL IMPACT:
Enacting a clarifying City Street Naming Policy may reduce Staff, Commission and Council time spent
reviewing and approving street names.
OPTIONS:
The Council has the following options in regards to this Agenda hem:
• Approve the City Street Naming Policy as proposed.
• Approve the City Street Naming Policy with edits.
• Deny the City Street Naming Policy and keep existing language of Section 153.07: Preliminary
Plat, Subd. (E) (1).
• Deny the City Street Naming Policy and direct Staff to prepare edits to Section 153.07:
Preliminary Plat, Subd, (E) (1).
• Deny the City Street Naming Policy and direct Staff to prepare an Ordinance guiding street
naming.
City Council Meeting 7/5/2016 Consent Agenda Item #14
RECOMMENDATION:
Staff recommends that the Council approve the City Street Naming Policy as proposed.
ATTACHMENTS:
• City of Lake Elmo Street Naming Policy.
Lake Elmo Address Map.
• Ord, No. OS-144
• Ordinance 97-149 and Staff Report.
City Council Meeting Minutes Pertaining to Street Naming Research.
4
Ci o ake E o Street Nang Policy
Title and Scope
This guide shall be known as the Lake Elmo Street Naming Policy. Its purpose is to establish standards
for naming streets, assigning property numbers, and posting street signs. The goal of these standards is to
assist emergency services, the United States Postal Service, and the public in timely and efficient delivery
of services to residents and businesses.
Street Naming Agency
It will be the responsibility of the Planning Director or designee to assign street names and property
numbers in accordance with the guidelines set forth in this Policy. The Planning Director should confer
with the Fire Chief to ensure that street names and property numbers provide adequate directional
assistance to emergency service providers. An inventory of City street names should also be kept so as to
avoid duplication.
Street Naming Process
Streets are named and approved at the time of Preliminary Plat approval.
Street Naming Methodology
I„Alortli-South Streets. Streets running north -south are labelled as Avenues. Accept as
outlined in this Policy, such street names should he assigned alphabetically consistent with
the Address Map attached to this Policy. The first two letters of street names should
progress alphabetically from West to East along the grid.
i. Exception, Street names that relate to a specific development are allowed as
approved by Council during Preliminary Plat approval. Street names must be easily
identifiable with the development.
11. ['Vest -East Streets. Streets running west -east are labelled as Streets. They must be
numbered as outlined in the Address Map grid attached to this Policy. While proposed
streets should be numbered according to the Address Map grid, chronological ordering of
streets in relation to existing streets directly north and south of the proposed street takes
precedence.
i. Duplication. There may be more than one street that has the same number only if
the proposed street is both numbered according to the Address Map grid and is
located in a logical numerical order in relation to existing streets directly to the
north and south of the proposed street. If the proposed street does not meet the
aforementioned criteria, the street need not be labelled Street, and a different name,
as approved by Council, may be chosen, however, the street should still be
assigned a number.
2 I P g e
Ill. Deflecting Streets. Parts of deflecting streets that run continuous may be categorized by
preceding street numbers with the words "Upper" or "Lower," depending on how the
section of street relates to the grid.
IV, Streets Changing Direction. Streets that run from west to east and tum to run from north
to south, or vice versa, forming a logical angle and tinning point for the driver, should
have different names in order to match the grid. This standard shall not apply to streets
that run circular, have no turning point and do not form an angle.
V. All Other Streets. Such streets that do not directionally fit in to the above -mentioned
categories shall be named as follows:
i. NE to SW streets shall be called Boulevards.
ii. NW to SE streets shall be called Roads,
iii. Streets that relate to a base street from which it is extended shall be called Courts
or Circles,
iv. Streets that dip in form a connecting off -shoot from another street shall be called
Lanes or Ways.
v. Meandering routes shall be called Trails.
VI. No Duplication. Any street that stops in one part of the City shall not be used in another
part of the City, regardless if it is on the same grid as another street. Numbered streets are
an exception to this standard as provided in this Policy. Names tending to be confused as
homonyms or have the same or similar pronunciation but with different spellings are also
discouraged (i.e. Allen or Alan; Smith or Smyth; John or Jon, etc.).
VII. Theming. If appropriate, naines with the same theme (i.e. flowers, nature) are suggested
for naming streets in an entire subdivision.
VIII. Pronounceability, When possible, names should be easily pronounceable in order for
children to read arid pronounce them in emergency situations.
IX. Directional Suifix. All street names must end with the directional suffix of North.
Property Numbering Methodology
Numbering System for Properties Located on Avenues. Properties with front lot lines
abutting avenues should be numbered according the Address Map grid whenever possible.
In the event a street number does not correlate with the Address Map grid, properties should
be numbered according to the street number above which they are perpendicularly located
directly north. Each 12 feet of street frontage shall be assigned a number as demonstrated
in Figure 1-1. In the case of an "Upper" and "Lower" street number prefix, or any other
situation in which there may be two street numbers are adjacent to each other, property
numbers should increase accordingly to the next street number. Similarly, in the case there
is not enough lineal footage between numbered streets, properties shall be numbered
accordingly.
11, Numbering System fir Properties Located On Numbered Streets, Properties with front lot
lines abutting streets should be numbered according to the Address Map Grid.
Assigning Addresse.s% Addresses should be assigned according to what is meant to be the
front lot line as defined by the Lake Elmo Code of Ordinances.
3 I P a E,
IV. Odd and Even Numbers, Odd numbers shall be used on the South and East sides of the
streets and even numbers shall be used on the North and West sides of the streets,
Ji Multi -Tenant Structures. Multi -tenant structures including apartment buildings, office
buildings, townhomes and duplexes shall be assigned a property number if all on one parcel
and then unit numbers as secondary location indicators.
f 7 Manufactured Home Parks. Manufactured Home Parks may be assigned one number and
then unit numbers for individual homes.
Vi!. Exemptions. The following buildings and uses will be exempt from the addressing system,
but may be addressed at the request of the property owner:
i. Unoccupied farm land or lots containing no dwellings or businesses.
ii. Farm buildings which are not residential or commercial.
Applicability
New Development. The City Street Naming Policy shall apply to new development only. Existing street
names at the time of publication of this policy shall remain the same.
Placement/Display Requirements
Each principal building shall bear the number assigned to the frontage on the side of the building that faces
the assigned frontage. In case a principal building is occupied by more than one business or family dwelling
unit, each separate front entrance of such principal building shall bear a separate number.
Visibility of Property Numbers. Numerals indicating the official numbers for each principal building or
each front entrance to such building shall be posted in a manner as to be visible from the street on which
the property is located. Numerals shall be at least four inches in height and located at a reasonable height
on the building. Properties with principal buildings set back far enough for four inch numerals to be deemed
illegible should bear larger numerals, while still complying with the City's Sign Code, or display property
numbers both on the building and elsewhere on the property to tnake them visible from the street; Zoning
Code regulations apply.
Street Signs. Street signs shall be displayed in accordance with City Engineer Design Standards,
41 P age
The above example shows a property with front lot fine frontage on Irish Avenue north, abutting
28' Street North. There is 135 feet of frontage on Irish Avenue North, 135 divided by 12 is
approximately 1 I. Therefore, it is properly addressed as 281 1; the property essentially starts at the
2800 block and is given one number for every 12 feet of street frontage.
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-144
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES PERTAINING
TO STREET NAMING
SECTION 1. The City Council of the City of Lake Elmo hereby amends Section 540:
Uniform Naming and Numbering System as it was adopted on the 15th Day of February of
2005 by officially repealing the Section in its entirety.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter153: Subdivision Regulations; Section 07: Preliminary Plat; Subd. (E)
(1) to read the following:
(1) Layout of proposed streets showing the right-of-way widths, center line gradients,
typical cross sections, and proposed names of streets in conformance with all applicable
city ordinances and policiesy and the City of Lake Elmo Street Naming Policy. The nam-e
e-f-any street used in the city or its environs not be uF,.ed--u-aless the proposed str-eet
,ready na-m-ed—stre,:-2t, in which event the same name shill
rn shall amply ‘,vith t.
street Nu berng System.
Effective Date. This ordinance shall become effective immediately upon adoption and
publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-144 was adopted on this day of
2016, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
Mike Pearson, Mayor
ATTEST:
Julie Johnson, City Clerk
This Ordinance 08-144 was published on the day of . 2016.
2
Street Naming Research 06/06/2016
153.06.E.1 in relation to subdivision general regulations
• Layout of proposed streets showing right-of-way widths, center line grade, typical cross
sections, and proposed names of streets in conformance with all applicable city
ordinances and policies; the name of any street used in the city or its environs shall not be
used unless the proposed street is the logical extension of an already named street, in
which event the same name shall be used. The names and number shall comply with the
County Uniform Street Numbering System.
City Council Meeting 5/5/2015 Minutes
• Street naming for Hunters Crossing was discussed, and a motion was passed moved by
Council Member Fliflet and passed 3-2: "That if the street dead ends, so does the
name."
City Council Meeting 7/21/2015 Minutes
• Street naming was also discussed, with Mayor Pearson questioning the use of unique
street names versus using the county system of naming streets.
City Council Meeting 8/4/2015 Minutes
• Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2015-63 APPROVING THE DEVELOPER'S AGREEMENT FOR WILDFLOWER
AT LAKE ELMO. Motion passed 5 — 0.
• Councilmember Lundgren stated that she would like to change her vote on the street
naming in Wildflower after reconsidering what the developer had initially proposed.
• Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO
RECONSIDER STREET NAMES IN WILDFLOWER TO USE THE NAMING SYSTEM
PROPOSED BY THE DEVELOPER ON HIS INITIAL PROPOSED PLAT. Motion passed 3 —
2. (Pearson, Bloyer — Nay)
• Discussion held concerning enforceability of changes to the plat that has already been
approved. Attorney Snyder stated that the developer cannot be held to the changes
but can make them if he chooses.
• Mayor Pearson stated that he felt it was better to abide by the recommendations of
safety professionals and use the county street naming system.
City Council Meeting 3/15/2016 Minutes
• ITEM 10: Savona 4th Addition Final Plat
• Planning Director Wensman presented an overview of the Savona 4th Addition plat,
zoning, site information and issues discussed by the Planning Commission. Discussion
was held concerning street naming and avoiding duplication of street names for
streets elsewhere in the City that do not connect to Savona.
• Mayor Pearson moved TO APPROVE RESOLUTION 2016-16 GRANTING APPROVAL OF
SAVONA 4TH FINAL PLAT WITH CONDITIONS. Motion failed — no second.
• Mayor Pearson, seconded by Councilmember Bloyer, moved TO DENY THE SAVONA
4TH ADDITION FINAL PLAT. Motion failed 0 — 5.
Lake Elmo Agenda Section: Planning, Land Use & Zoning 9C
City Council
February 15,
2005
Agenda Item: Street Naming Ordinance
Background Information for February 15, 2005:
On February S the Council's Public Health and Safety Committee considered the present City policy for the
naming/numbering of streets. The City Planner explained that the City continues to use the street/address
numbering system that was developed for Washington County in 1967, and adopted by the City in an
Agreement with the County in 1971. He explained that the City canceled the street naming portion of the
Agreement by Resolution #2000-071 in 2000 in response to the County's refusal to record the Fields of St.
Croix 11 plat because the street names did not correspond to the agreed -to system.
The Committee directed staff to draft City Council action that would reintroduce a uniform street naming
system within the City that follows the general pattern (alphabetical west -to -cast) of the 1971 Agreement,
but which also allows some street naming latitude as long as the alphabetical range is adhered to. The City
has never had an ordinance establishing street naming — only the 1971 Agi,-eement. If street naming is to
have the force of law for future plats, it must be addressed by ordinance. Staff has prepared a draft
ordinance that would, by reference, adopt the County -wide street naming/numbering system — but with a
slight modification to provide the street naming latitude noted above.
Action items:
Motion to adopt draft Ordinance #97 - , adopting a uniform street
naming and numbering system.
Attachments:
1. Draft Ordinance #97 —
2. Copy of the County -wide system (portion)
Person responsible:
City Planner
Time Allocated:
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 97-149
AN ORDINANCE ADDING SECTION 540 RELATAING TO THE
UNIFORM SYSTEM FOR NAMING STREETS AND NUMBERING PROPERTIES
AND PRINCIPAL BUILDINGS IN
CITY OF LAKE ELMO
BE it ordained by the City Council of the City of Lake Elmo as follows:
Chapter 5 — Building
Section 540 — 'Uniform Naming and Numbering System:
Section 540.01 Uniform Naming and Numbering Svstem:
A uniform system of naming streets and numbering properties arid principal buildings, as
shown in the manual or procedures identified by the title Unifonn Street Naming and
Property Numbering System is adopted for use in the City. This map and all explanatory
matter on the map is adopted and made a part of this section.
Section 540.02 Assignment of Names and Numbers:
Subd, Conformance.
All properties or parcels of land within the City of Lake Elmo shall hereafter be
identified by reference to the uniform numbering system adopted herein. Except as herein
prescribed, the names of all streets in the City of Lake Elmo shall be designated by the
Uniform Street Naming System.
Subd, 2 Placement/Display
Each principal building shall bear the number assigned to the frontage on which the
front entrance is located. In case a principal building is occupied by more than one
business or family dwelling unit, each separate front entrance of such principal building
shall bear a separate number.
Subd. 3 Visibility.
Numerals indicating the official numbers for each principal building or each front
entrance to such building shall be posted in a manner as to be visible from the street on
which the property is located.
Subd. 4 Naming Assignment
Naming of North/South streets shall be governed by the referenced Uniform Street
Naming Svstem only to the extent that said street names are assigned alphabetically
consistent with the System's 1 mile grid of street names Ideal, Jamaca, Keats,
Lamar and Manning. Names of North/South streets located geographically between
these streets need not be from the list provided in the Uniform Street Naming
System, but must be within the alphabetical range between said mandatory street
names.
Subd. 5 Number Assignment
The Building Official shall assign to nay property owner in the City upon request a
number for each principal building or separate front entrance to the building. In doing so,
the Building Official shall assign only the numbers assigned to the building under the
provisions of this section. The Recorder may assign additional numerals in accordance
with the official numbering system whenever a property has been subdivided, a new front
entrance opened, or undue hardship has been worked on any property owner.
Section 540.03 Administration:
Subd. 1 Responsibility for Maintaining System.
The Building Official_shall be responsible for maintaining the numbering system. In the
performance of this responsibility he shall be guided by the provisions of Section 2 of
this ordinance.
Subd. 2 Records
The Building Official shall keep a record of all numbers assigned under this
ordinance.
Section 540.04: Penalties: Violation of this ordinance shall be a misdemeanor. Each
separate day such violation is continued shall constitute a separate offense.
Section 540.05: Effective Date: This ordinance shall become effective upon passage
and publication according to law.
ADOPTED, by the Lake Elmo City Council on the 15'1' day of February, 2005.
Dean A.
Mayor
ATTEST:
Martin J. Rafferty, Adrninistra
S 011
Street Naming Research 06/06/2016
153,06.E.1 in relation to subdivision general regulations
• Layout of proposed streets showing right-of-way widths, center line grade, typical cross
sections, and proposed names of streets in conformance with all applicable city
ordinances and policies; the name of any street used in the city or its environs shall not be
used unless the proposed street is the logical extension of an already named street, in
which event the same name shall be used. The names and number shall comply with the
County Uniform Street Numbering System.
City Council Meeting 5/5/2015 Minutes
• Street naming for Hunters Crossing was discussed, and a motion was passed moved by
Council Member Fliflet and passed 3-2: "That if the street dead ends, so does the
name."
City Council Meeting 7/21/2015 Minutes
• Street naming was also discussed, with Mayor Pearson questioning the use of unique
street names versus using the county system of naming streets.
City Council Meeting 8/4/2015 Minutes
• Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT
RESOLUTION 2015-63 APPROVING THE DEVELOPER'S AGREEMENT FOR WILDFLOWER
AT LAKE ELMO. Motion passed 5 — 0.
• Councilmember Lundgren stated that she would like to change her vote on the street
naming in Wildflower after reconsidering what the developer had initially proposed.
• Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO
RECONSIDER STREET NAMES IN WILDFLOWER TO USE THE NAMING SYSTEM
PROPOSED BY THE DEVELOPER ON HIS INITIAL PROPOSED PLAT. Motion passed 3 —
2. (Pearson, Bloyer — Nay)
• Discussion held concerning enforceability of changes to the plat that has already been
approved. Attorney Snyder stated that the developer cannot be held to the changes
but can make them if he chooses.
• Mayor Pearson stated that he felt it was better to abide by the recommendations of
safety professionals and use the county street naming system.
City Council Meeting 3/15/2016 Minutes
• ITEM 10: Savona 4th Addition Final Plat
• Planning Director Wensman presented an overview of the Savona 4th Addition plat,
zoning, site information and issues discussed by the Planning Commission. Discussion
was held concerning street naming and avoiding duplication of street names for
streets elsewhere in the City that do not connect to Savona.
• Mayor Pearson moved TO APPROVE RESOLUTION 2016-16 GRANTING APPROVAL OF
SAVONA 4TH FINAL PLAT WITH CONDITIONS. Motion failed — no second.
• Mayor Pearson, seconded by Councilmember Bloyer, moved TO DENY THE SAVONA
4TH ADDITION FINAL PLAT. Motion failed 0 — 5.
° Mayor Pearson, seconded byCound|membe,Smith, moved TOAPPROVE
RESOLUTION Z01G-16GRANTING APPROVAL OF5AVONA4THFINAL PLAT WITH
EIGHT CONDITIONS.
° Counci!mem6erF|iOet,seconded byCounci|memberSmith, moved TOADD A9TH
CONDITION THAT THE PLAT FOLLOW THE CITY STREET NAMING CONVENTION
POLICY. Motion passed 3-Z. (Peamnn,B|oyer-nay)
° Primary motion passed asamended 3-1-1 (Bloyer-nay; F|iOet'aLutoin).
[ound|member8loyerstated hewas opposed kzforcing anaming policy onthe
developer,
City Council Meeting 4/I9/l6Minutes
~ ITEM 19:VlUege Preserve Znd Addition Final Plat
• City Planner Wensman presented the final plat for Village Preserve 2nd Addition and
Planning Commission recommendations for approval. Street naming was discussed to
address potential conflicts with the use of Laverne as street name.
° Cound|me,nberSmith, seconded 6yCound|memberF|iOet,moved TOAPPROVE
RESOLUTION DJ16-3SGRANTING APPROVAL OFTHE VILLAGE PRESERVE 2ND
ADDITION FINAL PLAT WITH 13CONDITIONS BASED QNTHE FINDINGS OFFACT AN
THE STAFF REPORT.
~ [ound|mem6e,FliHetseconded 6y[ound|me,nberSmith, moved TO STRIKE
CONDITION #8AND REPLACE |TWITH ACONDITION STATING THAT ALL STREETS
WILL COMPLY WITH THE [|TY'S STREET NAMING CONVENTION POLICY. Motion
passed 4-D.
• Primary motion passed 4-Oasamended.
° |T[K4 20a: Inwood 3,dAddidon Final Plat
* Planning Director Wensman reviewed the plat for the Inwood 3rd Addition and the
proposed conditions of approval recommended by staff and the Planning Commission,
Council added condition llbyconsensus that all streets follow the [ity'snaming
convention.
° Cound|nnem6erSmith, seconded 6yCound|mem6erLundgren, moved TVADOPT
RESOLUTION ZO1G'34APPROVING THE FINAL PLAT FOR |NVVDOD3RDADDITION
WITH THE FINDINGS |NTHE STAFF REPORT AND THE ADDITION OFCONDITION 1l.
Motion passed byunanimous consent,
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 31 of the City
Code by deleting sections 31.01 through 31.11 in their entirety and replacing them with the
sections as follow:
§ 31.01 MEETINGS.
(A) Authority. City councils are authorized to adopt rules of procedure and provide for
order at their meetings.
(1) 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.
(3)
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 Minn. Stat. § 13D.04, subd. 2.
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 tine and place for the next meeting to occur
pursuant to Minn. Stat. § 13D.04, subd. 4. The time and place shall also he 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"), Minn. Stat. Ch.
13D, generally requires that all meetings of public bodies be open to the public.
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(1)
Principles. The presumption of openness in the OML serves three 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 inforined; and
(c) To afford the interested public an opportunity to present its views to the
public body on matters of public interest.
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 Minn. Stat. Ch. 13, shall be open to the public.
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 Minn. Stat. § 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. Special meetings may be called by the Mayor or by any two (2)
Council members filing a written notice with the city administrator. At least three (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 hoard 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 ofthe special meeting shall include a specific description of the matters. Days shall
be counted as provided in paragraph (D)(3) above. Notice to the public of special meetings must
be given pursuant to Minn. Stat. 13D.04, subd. 2.
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(1) 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 two (2) Council members because of circumstances that in the judgment of the Mayor or
any two (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 Minn. Stat. § 412.121;
(2) Select one official newspaper pursuant to Minn. Stat. § 412.831;
Select an official depository for city funds. This must be done within 30 days of
the state of the city's fiscal year pursuant to Minn. Stat. § 427.01-.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.
(1) 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.
Listen. Council members should:
(a) Not interrupt while others are speaking;
(b) Ask clarifying not interrogating questions;
(c) Use "1" 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
(t) Keep side conversations to a minimum.
(3) Accountability Council members should:
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(g)
(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 infon-nation; and
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-fon-ned 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
5
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
unparliainentary 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.
§ 31.02 PRESIDING OFFICER.
(A) Presiding Officer. The mayor, or in the mayor's absence the acting ayor, shall
preside at all meetings of the Council.
(1)
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.
(2) 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.
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
6
meetings. The sergeant-at-anns shall carry out all orders or instructions given by
the presiding officer for the purpose of maintaining order and decorum at
meetings.
(4) Motions and voting. The presiding officer may make 'notions, second motion,
speak on any questions, and vote on any matter properly before the Council.
(5) Absences ofpresiding 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.
(7)
Appeals and riding 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.
Procedure lbr 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.
(8) 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.
(9) The appeal shall be sustained if it is approved by a majority of the members
present, exclusive of the presiding officer.
(10) 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.
§ 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 Minn. Stat. § 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;
() The type of meeting (regular, special, continued, closed);
(3) Date and place of the meeting;
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(4) Time the meeting was called to order;
(5) Approval of minutes of the previous 'peeling, 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 agendas for the Council meeting.
(C) Meeting minutes shall be considered and approved at a future meeting.
(1) Meeting minutes do not need to be read aloud;
(3)
The presiding officer shall call for any corrections;
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 Minn. Stat. § 412.191, 33 I A.08, subd.
3, 331A.01, subd. 10.
§ 31.04 ORDER OF BUSINESS AT REGULAR MEETINGS.
(A) Order established. 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.
(1) Order ofBusiness. 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 fi-om Past Mee
(d) Public Comment;
(e) Presentations;
(f) Consent Agenda;
(g) Regular Agenda;
(h) Report of the Council;
( ) Reports from City Staff; and
(j) Adjourn.
(B) Agenda. An agenda will be prepared for all regular Council meetings by the city
clerkiadministrator or their designee. Agenda items may be placed on the agenda by the Mayor
and a Council member, two Council members or staff. Members of the public wishing to place
9
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 Minn. Stat. §
13D.04, subd. 2.
Agenda Procedures. Any Staff member or Mayor and Council member or two
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 posted agenda must be received by the
city clerk/administrator by 10 a.m. five days prior to the next Council
meeting. For a regularly scheduled Tuesday meeting, the deadline for
agenda items would be 10 a.m. on the preceding Thursday.
(b) All requests to place an item on the posted agenda must be on the fonn
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 fonn as necessary.
(c) All requests to place an item on the posted 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 infon-nation materials, will be provided to
all City Council members and the city attorney at least three days prior to
the Council meeting for which it applies. For a regularly scheduled Tuesday
meeting, the packet will be provided by 5 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.
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.
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(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
presiding ofticer 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 presiding officer 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 three 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 six minutes. Council shall not
interrupt or interact until all public comments are completed;
(7)
(8)
(9)
At the conclusion of the round robin process, the presiding officer 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 twice 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;
Discussion among Council members using the round robin process with each
member speaking no more than twice on a motion;
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.
The last item on the agenda will be commenced no later than 12 a.m.
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(4) If all business has not been completed by 12 a.m., the meeting shall be continued
to another date and time following the notice provisions contained herein.
(F) Public participation and C0171171eni 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 fonnal 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 six 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
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(7)
(8)
conduct of the meeting or the security of the public;
Speakers are required to follow the direction of the presiding officer; and
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 fbr 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 etc.);
(d) Developer/other presentation, if any;
(e) Public comment (all individual comments limited to six minute maximum);
(f) The clerk/adrninistrator 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.
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§ 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 law.
(F) Any Council member may abstain from voting for any reason.
(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."
§ 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 anzendnients. 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 two Council members may exchange seats by joining in a formal request to
the presiding officer to do so.
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§ 31.07 SUSPENSION OR AMENDMENT OF RULES.
The rules of procedure applicable to Council meetings may be suspended or amended by 2/3rds
vote of the Council members present and voting, provided that such action is not in violation of
state statutes.
§ 31.08 SALARIES OF MAYOR AND COUNCIL MEMBERS.
The Mayor and Council members shall be paid salaries as detennined 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.
§ 31.09 PAYMENT OF SALARIES.
The salaries provided by §§ 31.01ct seq. shall be paid semi-annually, or more frequently, as
directed by the Council.
§ 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
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 ofAdjustment and Appeals. The Board of Adjustment and
Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision,
15
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 tiling 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 l 0 days preceding the
date of the hearing.
(E) Record offindings.
(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
bylaw.
§ 31.11 TERMS OF OFFICE.
(A) Council Members. Two Council members shall he 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.
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