City Code (cont.)
PART II CODE OF ORDINANCES
The
ordinances embraced in the following chapters and sections shall constitute and
be designated the "Code of Ordinances,
(Code
1980, § 1.08)
Charter
references: Revision and
codification of ordinances, § 3.11.
State
law references: Codification,
M.S.A. § 415.021.
(a)
In the construction of this Code and of all ordinances, the following
definitions and rules of construction shall be observed, unless such
construction would be inconsistent with the manifest intent of the city council:
Agent
or employee. Whenever the
Code requires an act to be done, which act may legally be done by an agent or
employee as well as by the principal, such requirement shall be satisfied by the
performance of such act by an authorized agent or employee.
Charter.
The term "Charter" shall mean and refer to the Albert Lea City Charter
as printed in part I of this volume.
City.
The term "city" shall mean the City of Albert Lea, Minnesota, and
shall extend to and include its several officers, agents and employees.
City
council; council. The
terms "city council" and "council" shall mean the city
council of the City of Albert Lea, Minnesota.
Code.
The term "Code" shall mean the Code of Ordinances,
Computation
of time. The time, where
the performance or doing of any act, duty, matter, payment or thing is ordered
or directed and the period of time or duration for the performance or doing
thereof is prescribed and fixed by law or ordinance, shall be computed so as to
exclude the first and include the last day of the prescribed period or duration
of time. When the last day of the period falls on a Saturday, Sunday or legal
holiday, that day shall be omitted from the computation.
County.
The term "county" shall mean the
Demolition
debris. "Demolition
debris" means solid waste resulting from the demolition of buildings,
roads, and other manmade structures including concrete, brick, bituminous
concrete, untreated wood, masonry, glass, trees, rock, and plastic building
parts. Demolition debris does not include asbestos wastes.
Garbage.
"Garbage" means discarded material resulting from the handling,
processing, storage, preparation, serving, and consumption of food.
Gender.
A word importing either the masculine or feminine gender shall extend and be
applied to both the masculine and feminine genders, and to firms, partnerships
and corporations.
Joint
authority. Words
purporting to give authority to three or more officers or other persons shall be
construed as giving such authority to a majority of such officers or other
persons, unless it is otherwise declared.
Keeper
and proprietor. The terms
"keeper" and "proprietor" shall mean and include persons,
firms, associations, corporations, clubs and copartnerships, whether acting by
themselves or through a servant, agent or employee.
Month.
The term "month" shall mean a calendar month.
M.S.A.
The abbreviation "M.S.A." shall mean and refer to the latest edition
or supplement of Minnesota Statutes Annotated.
Number.
A word importing the singular may extend and be applied to the plural, and vice
versa.
Oath.
The term "oath" shall include an affirmation in all cases in which, by
law, an affirmation may be substituted for an oath, and in such cases the terms
"swear" and "sworn" shall be equivalent to the terms
"affirm" and "affirmed."
Officer
employee, department, board, commission or other agency.
Whenever any officer, employee, department, board, commission or other agency is
referred to by title only, such reference shall be construed as if followed by
the phrase "of the City of Albert Lea, Minnesota." Whenever, by the
provisions of this Code, any officer, employee, department, board, commission or
other agency of the city is assigned any duty or empowered to perform any act or
duty, reference to such officer, employee, department, board, commission or
other agency shall mean and include such officer or any designee or authorized
subordinate and shall also include the successor in function to such officer,
employee, department, board, commission or agency.
Owner.
The term "owner," when applied to a building or land, shall include
any part owner, joint owner, tenant in common, tenant in partnership, joint
tenant or tenant by the entirety of the whole or of a part of such building or
land.
Person.
The term "person" shall extend and be applied to associations, clubs,
societies, firms, partnerships and bodies politic and corporate as well as to
individuals. For the purpose of imposing penalties or fines for violation of any
section of this Code and whenever the term "person" is used in such
section for which a penalty is imposed, the term "person" shall
include partners or members of an association and, as to corporations, shall
include the officers, agents or members thereof, who are responsible for any
such violation.
Personal
property. The term
"personal property" shall include every species of property except
real property.
Property.
The term "property" shall include real, personal and mixed property.
Public
place. The term
"public place" shall mean any place subject to the primary control of
any public agency, including but not limited to any park, street, public way,
cemetery, schoolyard or open space adjacent thereto and any lake or stream.
Real
property. The term
"real property" shall include lands, tenements and hereditaments.
Refuse.
"Refuse" means putrescible and nonputrescible solid wastes, including
garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings,
and market and industrial solid wastes, and including municipal treatment wastes
which do not contain free moisture.
Rubbish.
"Rubbish" means nonputrescible solid wastes, including ashes,
consisting of both combustible and noncombustible wastes, such as paper,
cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter
of any kind.
Sidewalk.
The term "sidewalk" shall mean any portion of a street between the
curbline and the adjacent property line, intended for the use of pedestrians.
Solid
waste. "Solid
waste" means garbage, refuse, sludge from a water supply treatment plant or
air contaminant treatment facility, and other discarded waste materials and
sludges, in solid, semi-solid, liquid, or contained gaseous form, resulting from
industrial, commercial, mining and agricultural operations, and from community
activities, but does not include hazardous waste; animal waste used as
fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved
material in domestic sewage or other common pollutants in water resources, such
as silt, dissolved or suspended solids in industrial waste water effluents or
discharges which are point sources subject to permits under section 402 of the
Federal Water Pollution Control Act, as amended, dissolved materials in
irrigation return flows; or source, special nuclear, or by-product material as
defined by The Atomic Energy Act of 1954, as amended.
State.
The term "state" shall mean the State of
Street.
The term "street" shall embrace streets, avenues, boulevards, roads,
highways, alleys, lanes, viaducts and all other public ways in the city.
Tenant;
occupant; lessee. The
terms "tenant," "occupant," and "lessee," when
applied to a building or land, shall include any person holding a written or
oral lease of or who occupies the whole or part of such building or land, either
alone or with others.
Tense.
Words used in the past or present tense include the future as well as the past
and present.
Written
and in writing. The terms
"written" and "in writing" shall include any representation
of words, letters or figures, whether by printing or otherwise.
Yard
waste. "Yard
waste" means the garden wastes, leaves, lawn cuttings, weeds, and prunings
generated at residential or commercial properties.
(b)
The words and phrases used in this Code shall be construed in their
plain, ordinary and usual sense, except that technical words and phrases having
a peculiar and appropriate meaning in law shall be understood according to their
technical import.
(Code
1980, §§ 1.02, 1.07)
State
law references: Construction
of words and phrases, M.S.A. § 645.08 et seq.; definitions of words and
phrases, M.S.A. § 645.44 et seq.
The
catchlines of the several sections of this Code printed in boldface type are
intended as mere catchwords to indicate the contents of the sections and shall
not be deemed or taken to be titles of such sections nor as any part of the
sections nor, unless expressly so provided, shall they be so deemed when any of
such sections, including the catchlines, are amended or reenacted.
All
references to chapters or sections are to the chapters and sections of this Code
unless otherwise specified.
The
history notes appearing in parentheses after sections of this Code are not
intended to have any legal effect, but are merely intended to indicate the
source of matter contained in the section.
References
and editor's notes following certain sections of this Code are inserted as an
aid and guide to the reader and are not controlling or meant to have any legal
effect.
Nothing
in this Code or the ordinance adopting this Code shall affect any offense or act
committed or done or any penalty or forfeiture incurred or any contract or right
established or accruing before the effective date of this Code.
The
repeal of an ordinance or portion of this Code shall not revive any ordinance or
portion of this Code in force before or at the time the provision repealed took
effect. The repeal of an ordinance or a portion of this Code shall not affect
any punishment or penalty incurred before the repeal took effect or any suit,
prosecution or proceeding pending at the time of the repeal for an offense
committed under the provision repealed.
(a)
Nothing in this Code or the ordinance adopting this Code shall be
construed to repeal or otherwise affect the validity of any of the following
when not inconsistent with this Code:
(1)
Any offense or act committed or done or any penalty or forfeiture
incurred before the effective date of this Code.
(2)
Any ordinance or resolution promising or guaranteeing the payment of
money for the city or authorizing the issue of any bonds of the city or any
evidence of the city's indebtedness or any contract, right, agreement, lease,
deed or other instrument or obligation assumed by the city.
(3)
Any administrative ordinances of the city not in conflict or inconsistent
with the provisions of this Code.
(4)
Any right or franchise granted by any ordinance.
(5)
Any ordinance or resolution dedicating, naming, establishing, locating,
relocating, opening, paving, widening, repairing, vacating, etc., any street or
public way in the city.
(6)
Any appropriation ordinance.
(7)
Any ordinance levying or imposing taxes.
(8)
Any ordinance prescribing fees, fines, charges, rates, or other specific
monetary values.
(9)
Any ordinance annexing territory or excluding territory or any ordinance
extending the boundaries of the city.
(10)
Any ordinance establishing traffic or parking regulations on any street
or public way, including traffic schedules.
(11)
Any ordinance regarding salaries or compensation of city officers or
employees.
(12)
Any temporary or special ordinances.
(b)
All such ordinances are recognized as continuing in full force and effect
to the same extent as if set out at length in this Code. All ordinances are on
file in the office of the city clerk.
(a)
Any and all additions and amendments to this Code, when passed in such
form as to indicate the intention of the city council to make such additions or
amendments a part of this Code, shall be deemed to be incorporated in this Code
so that reference to the Code shall be understood and intended to include such
additions and amendments.
(b)
All ordinances passed subsequent to the adoption of this Code which
amend, repeal or in any way affect this Code may be numbered in accordance with
the numbering system of this Code and printed for inclusion therein. When
subsequent ordinances repeal any chapter, article, division, section or
subsection or any portion thereof, such repealed portions may be excluded from
the Code by the omission thereof from reprinted pages.
(c)
Amendments to any of the provisions of this Code may be made by amending
such provisions by specific reference to the section number of this Code in
substantially the following language: "That section ________ of the Code of
Ordinances, City of Albert Lea, Minnesota, is hereby amended to read as follows:
. . . ." The new provisions shall then be set out in full.
(d)
If a new section not then existing in the Code is to be added, the
following language may be used: "That the Code of Ordinances, City of
Albert Lea, Minnesota, is hereby amended by adding a section to be numbered
________, which section reads as follows: . . . ." The new section may then
be set out in full.
(e)
All sections, divisions, articles, chapters or provisions desired to be
repealed must be specifically repealed by section, division, article or chapter
number, as the case may be.
(a)
By contract or by city personnel, supplements to this Code shall be
prepared and printed whenever authorized or directed by the city council. A
supplement to the Code shall include all substantive permanent and general parts
of ordinances passed by the city council or adopted by initiative and referendum
during the period covered by the supplement and all changes made thereby in the
Code. The pages of a supplement shall be so numbered that they will fit properly
into the Code and will, where necessary, replace pages which have become
obsolete or partially obsolete, and the new pages shall be so prepared that,
when they have been inserted, the Code will be current through the date of
adoption of the latest ordinance included in the supplement.
(b)
In preparing a supplement to this Code, all portions of the Code which
have been repealed shall be excluded from the Code by the omission thereof from
reprinted pages.
(c)
When preparing a supplement to this Code, the codifier, meaning the
person authorized to prepare the supplement, may make formal, nonsubstantive
changes in ordinances and parts of ordinances included in the supplement,
insofar as it is necessary to do so to embody them into a unified code. For
example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings and titles for sections and
other subdivisions of the Code printed in the supplement and make changes in
catchlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to be
inserted in the Code and, where necessary to accommodate new material, change
existing section or other subdivision numbers;
(4)
Change the term "this ordinance" or words of the same meaning
to "this chapter," "this article," "this
division," or "this section," as the case may be, or to
"sections ________ through ________." The inserted section numbers
will indicate the sections of the Code which embody the substantive sections of
the ordinance incorporated into the Code; and
(5)
Make other nonsubstantive changes necessary to preserve the original
meaning of ordinance sections inserted into the Code, but in no case shall the
codifier make any change in the meaning or effect of ordinance material included
in the supplement or already embodied in the Code.
It
is declared to be the intention of the city council that the sections,
paragraphs, sentences, clauses and phrases of this Code are severable, and if
any phrase, clause, sentence, paragraph or section of this Code shall be
declared unconstitutional, invalid or unenforceable, such unconstitutionality,
invalidity or unenforceability shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code.
(a)
Whenever in this Code or in any ordinance of the city any act is
prohibited or is made or declared to be unlawful, an offense or a misdemeanor or
whenever in this Code or in any ordinance the doing of any act is required or
the failure to do any act is declared to be unlawful, where no specific penalty
is provided therefor, the violation of any such provision of this Code or city
ordinance shall be punished as a misdemeanor, that is, with a fine of up to
$700.00 or imprisonment for not more than 90 days or by both such fine and
imprisonment, unless otherwise provided in this Code. The term
"misdemeanor" shall be as defined in M.S.A. § 609.02, subd. 3. The
term "petty misdemeanor" shall mean an offense which does not
constitute a crime and for which a sentence of a fine of not more than $200.00
may be imposed. Each day any violation of any provision of this Code or of any
ordinance shall continue shall constitute a separate offense.
(b)
In case of the amendment by the city council of any section of this Code
for which a penalty is not provided, the general penalty as provided in
subsection (a) of this section shall apply to the section, as amended, or if
such amendment contains provisions for which a specified penalty other than the
aforementioned general penalty is provided in another section in the same
chapter, the penalty so specified shall be held to relate to the amended
section, unless such penalty is specifically repealed therein.
(Code
1980, §§ 1.03, 1.09)
State
law references: Authority
to adopt penalty of up to $700.00, M.S.A. § 609.034.
__________
*Charter
references: Administration
of the city, ch. 6.
Cross
references: Businesses, ch.
22; elections, ch. 26; taxation, ch. 58; administration and enforcement of the
zoning and land use ordinance, § 74-56 et seq.
__________
Pursuant
to authority granted by the Charter, this chapter is enacted by the council, in
conjunction with the city manager, as an administrative code to set down for
enforcement the government and good order of the city.
(Code
1980, § 2.01)
Secs.
2-2--2-30. Reserved.
__________
*Charter
references: Qualification
and terms of councilmembers, § 2.03.
__________
The
council shall adopt by resolution certain written rules of procedure to be
followed in all hearings to be held before the council.
(Code
1980, § 2.03)
Charter
references: Rules of
procedure, § 3.03.
Salaries
of the mayor and council are fixed as follows, which amounts are deemed
reasonable:
(1)
The annual salary of the mayor shall be $12,000.00.
(2)
The annual salary of each councilmember shall be $8,000.00.
(Code
1980, § 2.05; Ord. No. 39, 3d, § 1, 3-13-00)
Charter
references: Salary of
mayor and councilmembers, § 2.09.
Secs.
2-33--2-55. Reserved.
__________
*Charter
references: Emergency
ordinances, § 3.06.
__________
Due
to the existing possibility of a military, civil or natural disaster requiring a
declaration of a state of an emergency, it is found urgent and necessary to
ensure the continuity of lawful leadership of the city to provide for the
continuity of the government, to direct emergency management operations and to
provide for emergency interim succession of key governmental officials by
providing a method for temporary emergency appointments to their offices.
(Code
1980, § 2.06, subd. 1)
(a)
The city manager shall be the emergency management director for the city
and as such shall utilize the personnel, services, equipment, supplies and
facilities of city departments and agencies to the maximum extent practicable.
(b)
As the emergency management director, the city manager shall coordinate
the activities of all federal, state, county or private agencies operating
within the city during the declared emergency.
(c)
The city manager shall notify the mayor and city council of any natural
or manmade disaster or occurrence requiring the declaration of an emergency and
requiring the presence of the mayor and city council at the emergency operating
center at the city center or such other location as indicated in the
notification.
(Code
1980, § 2.06, subd. 2(d))
For
an occurrence requiring the declaration of a state of emergency, the mayor may
declare such an emergency and assume those duties and functions required to
secure the health, safety and welfare of the city and its citizens. In the
absence of the mayor or in his incapacity or inability to respond to the
emergency management center during such an emergency, the mayor pro tem shall
assume all duties and powers of the mayor's office. If the mayor pro tem is
unable to be present during the emergency, the next senior councilmember by
tenure on the council shall assume the duties of the office of mayor. If more
than one councilmember has the same length of tenure and would be eligible for
emergency succession, the councilmember from the lowest numbered ward shall
assume the office of mayor.
(Code
1980, § 2.06, subd. 2)
During
an emergency the city council shall go into special session within one hour of
the time that the notification of an emergency has been sent to each
councilmember, and the council shall remain in session and shall maintain
appropriate records of its actions until the declared emergency is over. During
such special session, a quorum of the city council shall consist of those
members present, regardless of number, and a simple majority of the quorum shall
approve all actions of the city council.
(Code
1980, § 2.06, subd. 2(a))
During
an emergency, the city council shall fill all positions on the council and the
position of city manager and of those persons upon whom notice could not be
served or who are unable to be present. Such interim successors shall serve
until such time as the duly elected or appointed official is again available and
returns to his position or the state of emergency has passed and a successor is
designated and qualifies as required by law, whichever shall occur first.
(Code
1980, § 2.06, subd. 2(c))
The
city council may rescind any declaration of an emergency by resolution at any
time. If the declaration is not rescinded sooner, every such declaration shall
expire at the end of 30 days after its effective date or at the end of the
emergency to which it relates or by a proclamation of the mayor either modifying
or rescinding the original declaration.
(Code
1980, § 2.06, subd. 2(b))
Secs.
2-62--2-90. Reserved.
__________
*Cross
references: Animal control
officer, § 14-32.
__________
The
city manager shall prepare and recommend to the council personnel rules and
regulations setting forth the rights, duties and responsibilities of city
employees. The council shall, by resolution, adopt such rules and may, upon the
recommendation of the city manager, amend the rules from time to time and in a
similar manner.
(Code
1980, § 2.70)
The
administrative policy and procedures for city officers and employees shall be as
follows:
(1)
Each city officer shall perform all duties required of his office by
state law, the Charter, the provisions of this Code and other duties not in
conflict that may be required by the city manager.
(2)
The city manager may direct any department or division to perform work
for any other department or division or may delegate to any officer or employee
any duties other than those established for the department or division to which
he may be assigned and may require officers to fulfill the duties of more than
one position.
(3)
The heads of administrative departments shall be immediately responsible
to the city manager for the effective administration of their respective
departments and all activities assigned thereto. The city manager may set aside
any action taken by a department head and may supersede him in the functions of
his office. If a vacancy in office occurs or during the absence of any
department head, the city manager may designate an interim acting head or
personally perform the functions of the office. All department heads shall keep
informed as to the latest practices in their particular field and shall
inaugurate such new practices as appear to be of benefit to the service and to
the public.
(4)
All officials and employees under the administrative service of the city,
except members of advisory boards and commissions appointed for a definite term,
shall serve at the pleasure of the city manager and may be removed at any time
by the city manager, whose decision shall be final.
(5)
Each department head shall be held responsible for the preservation of
all public records under his jurisdiction and shall provide a system of filing
and indexing these records. No public records, reports, correspondence or other
data relative to the business of any department shall be destroyed or
permanently removed from the files without the knowledge and approval of the
city manager.
(6)
The heads of all departments and such other officers and employees as the
city manager may designate shall compose the administrative staff. The staff
shall meet at the call of the city manager and shall advise and consult with him
upon all matters affecting the welfare of the city or relating to any or all
departments.
(Code
1980, § 2.45, subd. 1)
All
officers of the city elected or appointed for a regular term of office or to
complete the unexpired portion on any such regular term shall be included in the
definition of "employee" as defined in state statutes relating to
coverage for purposes of worker's compensation entitlement.
(Code
1980, § 2.04)
Secs.
2-94--2-130. Reserved.
All
city department heads shall be appointed by the city manager and confirmed by
the council. All other city employees shall be appointed by the city manager.
The city manager, in addition to specific assignments, may delegate and assign
other duties and responsibilities to his subordinates for the proper and
efficient management of the city. Department heads shall prepare and submit such
financial activity and other reports as requested by the city manager.
(Code
1980, § 2.30, subd. 1)
The
administrative service of the city shall be divided under the city manager into
the following departments:
|
Department |
Official Head |
|
Administrative department |
City manager |
|
Fire department |
Fire chief |
|
Law department |
City attorney |
|
Library department |
Librarian |
|
Park and recreation department |
Park and recreation director |
|
Police department |
Police chief |
|
Public works department |
Director of public works |
(Code
1980, § 2.30, subd. 2)
(a)
An administrative department is established. The city manager is the
department head for the administrative department. Other positions serving in
subordinate roles in the administrative department include the finance director,
city treasurer, city clerk and other employees necessary to perform the required
functions. The city manager may combine or divide positions at his discretion to
provide for greater efficiency of operations.
(b)
The responsibilities of the administrative department shall be to protect
the administrative interest of the city at all times, financial planning,
budgeting, recordkeeping, accounting and reporting, revenue collection, custody
and disbursement of funds, valuation of property, assessments, licensing,
purchasing, community development and personnel administration.
(Code
1980, § 2.31)
(a)
A fire department is established. The head of this department is the fire
chief. The fire chief, under the supervision of the city manager, shall direct,
control and discipline all members of the force and shall direct the work of the
department at all fires. He is charged with the care of all buildings, equipment
and other property of the department.
(b)
The fire chief shall keep in a complete convenient form a record of all
fires within the city and all calls for services from outside the city limits.
Such records shall include the date and time of the alarm, the location of the
fire, the cause of the fire if known, the value of the building, the contents
and amount of loss of each and such other data as may be deemed advisable by the
city manager or as may be required by this Code.
(c)
It is the function of the fire department to extinguish fires, to rescue
persons in peril of life, to resuscitate and to administer first aid in an
emergency when such can be done without jeopardy of the public interest on fire
matters. The fire chief shall have charge of enforcement of fire prevention and
may call upon members of the fire department to assist through public
information, inspections and recordkeeping and analysis. The fire department
shall have charge of all fire hydrants and the use thereon of the city water
system and shall keep the fire hydrants in good operating condition in
cooperation with the utilities superintendent, subject to the right of the
utility to use hydrants for utility purposes.
(Code
1980, § 2.32)
A
law department is established. The head of this department is the city attorney.
The city attorney shall be the legal advisor to the council, the city manager
and city departments and officers, and he shall be responsible for the
prosecution of all cases arising within his jurisdiction. It shall be the
official duty of the city attorney to act as revisor of ordinances.
(Code
1980, § 2.35)
A
library department is established. The librarian is head of this department and
shall supervise and control the public library. The librarian shall establish
and enforce rules and regulations for the use of the library, shall have charge
of all functions pertaining to the city library and shall exercise executive
direction over such staff as may be appointed by the city manager.
(Code
1980, § 2.36)
A
park and recreation department is established. The park and recreation director
is head of the department. All city recreational sites and programs and all park
grounds shall be under the supervision and control of the park and recreation
director. Duties of the department include the operation of the city recreation
programs, the arena, the city pool, the beach and the maintenance of the city
parks, playgrounds and public lakeshore. The park and recreation director shall
recommend to the city manager such rules and regulations as will improve the
public use and convenience of the park and recreation facilities.
(Code
1980, §§ 2.37, 2.38)
(a)
A police department is established. The chief of police is department
head and commanding officer of the police force. He shall direct the police work
of the city and be responsible for the enforcement of law and order.
(b)
The chief of police shall assign, with a view to maximum police service,
the members of the department to their duties; shall see that the duties are
performed diligently; and shall keep all service records, including the number
and nature of all crimes committed, adequate identification records of all
persons arrested, and accounts of all complaints made. He shall report all
improper conduct on the part of any officer to the city manager and shall be
responsible for all property of the police department.
(c)
It shall be the duty of the police department to arrest and bring to
justice all violators of any law. The department shall be subject to call by the
city manager to aid in firefighting.
(Code
1980, § 2.39)
A
public works department is established. The head of this department shall be the
public works director who may also be the city engineer. The public works
department shall be responsible for all matters relating to engineering,
construction, repair, maintenance, management and operation of the physical
properties of the city, including streets, sidewalks, sewers, drains, waterworks
and such other public utilities as the city may own and operate.
(Code
1980, § 2.40)
Secs.
2-140--2-170. Reserved.
__________
*Charter
references: Boards and
commissions generally, § 2.02.
__________
Except
to the extent otherwise specifically provided, this division shall apply to all
boards and commissions.
(Code
1980, § 2.50)
All
members of boards and commissions shall be residents of the city. One of the
members of each board and commission may be a councilmember. No appointed board
or commission member shall be an employee of the city except a person who is a
member by virtue of his office.
(Code
1980, § 2.50)
All
board and commission appointments shall be made by the mayor, and such
appointment shall be confirmed by the council. Appointments for less than a full
term may be established and stated at the time of appointment. New appointees
shall assume office on January 1, December 31 being the date of expiration of
terms. However, every appointee to a board or commission shall hold office until
his successor is appointed and qualified. All vacancies shall be filled in the
same manner as for an expired term, but the appointment shall be effective
immediately when made and only for the unexpired term.
(Code
1980, § 2.50)
The
chairperson and secretary of each board and commission shall be chosen from and
by the board or commission membership annually to serve for one year, provided
that no chairperson shall be elected who has not completed at least one year as
a member of the board or commission.
(Code
1980, § 2.50)
All
appointed board and commission members shall serve without remuneration but may
be reimbursed for out-of-pocket expenses incurred in the performance of their
duties when such expenses have been authorized by the council before they were
incurred.
(Code
1980, § 2.50)
Any
board or commission member may be removed by the mayor for misfeasance,
malfeasance or nonfeasance in office and his position filled as any other
vacancy. Any member absent from three consecutive regular meetings or five
meetings in one year shall be deemed to have forfeited his seat upon declaration
of the mayor, and a vacancy shall exist without formal removal proceedings.
(Code
1980, § 2.50)
Each
board and commission shall hold its regular meetings on a day and at a time
established by it and approved by the council. A copy of the minutes of each
meeting shall be furnished to the city manager for transmittal to the council. A
simple majority of a board and commission shall constitute a quorum. All actions
taken shall be by recorded roll call vote. Each board and commission shall
furnish the city manager with a brief summary of its activities at the end of
each year.
(Code
1980, § 2.50)
Secs.
2-178--2-200. Reserved.
An
airport advisory board is established composed of seven members.
(Code
1980, § 2.58, subd. 1)
It
is the duty and responsibility of the airport advisory board to recommend,
counsel and advise the administrative officers and the council in matters
relating to the operation and management of the municipal airport.
(Code
1980, § 2.58, subd. 2)
Secs.
2-203--2-230. Reserved.
__________
*State
law references: Albert Lea
Port Authority authorized, M.S.A. § 469.069.
__________
The
following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Authority
means the Albert Lea Port Authority.
Development
act means a Municipal
Development District Act, M.S.A. ch. 472A.
Enabling
act means M.S.A. ch. 469,
authorizing the city to create a port authority.
Industrial
bond act means the
Municipal Industrial Development Act, M.S.A. ch. 474.
Port
act means the Port
Authority Act, M.S.A. ch. 469.
Port
district means the city.
Tax
increment act means the
Minnesota Tax Increment Financing Act, M.S.A. § 273.01 et seq.
(Code
1980, § 2.75, subd. 2)
There
is created in the city a port authority which, subject to the provisions of this
division, shall have all of the powers, duties and responsibilities of any port
authority created pursuant to M.S.A. ch. 469 or other law. It shall be the
responsibility of such port authority to carry out economic and industrial
development and redevelopment within the city in accordance with such general
policies as may from time to time be established by the mayor and council.
(Code
1980, § 2.75, subd. 1)
The
port authority shall be a public body politic and corporate and a political
subdivision of the state. It shall not be considered a department of the city
nor shall the city be liable for its obligations unless assumed by the city in
writing. Its relationship to the mayor and council shall be governed by the
enabling act, this division and the various statutes under which it operates
including the port act, the development act, the industrial bond act, and the
tax increment act. However, if there is a conflict between the terms of this
division and any such statute, this division shall control, and if there is a
conflict between the port act and any such statutes, the port act shall control;
a statute granting authority shall not be deemed to be in conflict with a
statute that grants less or no such authority. The port authority shall adopt
bylaws and a seal.
(Code
1980, § 2.75, subd. 3)
The
port authority created by this division shall be known legally as the Albert Lea
Port Authority.
(Code
1980, § 2.75, subd. 4)
The
powers of the port authority shall be vested in the commissioners of the port
authority in office at any time, a majority of whom shall constitute a quorum
for all purposes. Such commissioners shall be seven in number. Effective January
1, 2004, new commissioners shall be appointed to the port authority board by the
city council. The initial terms shall be as follows:
One
member each for a term of one, two, three, four and five years, respectively,
and two members for terms of six years. For subsequent terms, the term is six
years. A vacancy on the port authority board must be filled by the appointing
authority for the balance of the vacant term subject to the same appointment and
consent required for an appointment for a full term. The term of a member of the
city council appointed to the board shall be co-terminus with the appointee's
city council term.
(Code
1980, § 2.75, subd. 5; Ord. No. 64, 3d, § 2, 4-14-03; Ord. No. 71, 3d, § 2,
11-10-03)
The
commissioners of the port authority shall elect officers as provided in the port
act, M.S.A. § 458.11.
(Code
1980, § 2.75, subd. 6)
The
executive director shall be empowered to hire such employees, agents and
consultants as further provided in the port act. The executive director shall
control and direct the administration of the port authority's affairs. His
powers and duties as executive director shall be:
(1)
To see that all resolutions, rules, regulations or orders of the
authority are enforced.
(2)
To appoint and remove upon the basis of merit and fitness all subordinate
officers and regular employees of the authority.
(3)
To exercise control over all departments and divisions of the port
authority. To attend all meetings of the port authority with the right to take
part in the discussions but having no vote.
(4)
To recommend to the commissioners for adoption such measures as he may
deem necessary for the efficient administration of the port authority's affairs.
(5)
To keep the commissioners fully advised as to the financial condition and
needs of the port authority.
(6)
To perform such other duties as may be prescribed by the commissioners.
(Code
1980, § 2.75, subd. 7; Ord. No. 64, 3d, § 3, 4-14-03; Ord. No. 71, 3d, § 3,
11-10-03)
(a)
The port authority shall be responsible for all filings and reports
required by the various statutes under which it operates. Copies of all such
reports shall be provided to the mayor and council and shall be available to
members of the public unless otherwise permitted or required by law.
(b)
At least once annually the authority shall be the principal item of
business at a regularly scheduled council meeting, at which time members of the
public may request information and make comments regarding the operations of the
authority.
(Code
1980, § 2.75, subd. 8)
On
or before September 1 of each year, the port authority shall submit its annual
budget to the city council. Such budgets shall include a detailed written
estimate of the amount of money that the authority expects to need from the city
for authority business during the next fiscal year. The city manager shall
submit such budget to the city council for review and approval as part of the
city's budgetary process. Upon approval of such budget, the port authority board
of commissioners may make budget adjustments during the year as they deem
appropriate in their sole discretion.
(Code
1980, § 2.75, subd. 9; Ord. No. 64, 3d, § 4, 4-14-03; Ord. No. 71, 3d, § 4,
11-10-03)
The
port authority may exercise all of the powers authorized by the port act and in
other laws as appropriate including without limitation the power to:
(1)
Sue and be sued in its own name.
(2)
Acquire real property by purchase, gift, eminent domain or otherwise.
(3)
Acquire or construct buildings or other facilities.
(4)
Loan money to private parties for purposes of promoting economic
development.
(5)
Enter into contracts with the city, with the state and with federal
agencies and private entities for economic development purposes.
(6)
Sell, convey, lease and exchange any real or personal property owned or
held by it in any manner and on any terms it wishes.
(7)
Accept land, money or other assistance whether by gift, loan or otherwise
in any form from any agency or governmental entity.
(8)
Exercise tax increment authority.
(9)
Exercise industrial development bond authority.
(10)
Exercise such other powers as the act permits and as the commission
determines to be appropriate to further its purpose of economic development.
(Code
1980, § 2.75, subd. 10)
Every
person who violates a section, subdivision, paragraph or provision of this
division when he performs an act thereby prohibited or declared unlawful or who
fails to act when such failure is prohibited or declared unlawful shall, upon
conviction, be punished as for a misdemeanor in accordance with section 1-13.
(Code
1980, § 2.99)
Secs.
2-242--2-270. Reserved.
A
board of building appeals is established, which board shall be composed of five
members who are qualified by experience and training to determine matters
pertaining to building construction. The building inspector shall be an ex
officio member and shall act as secretary of such board. The board shall adopt
reasonable rules and regulations for conducting any investigation that may be
necessary and shall render all decisions and findings in writing to the building
inspector, with a duplicate copy to the appellant, and may recommend to the
council such new legislation as is consistent therewith.
(Code
1980, § 2.52)
Secs.
2-272--2-330. Reserved.
__________
*Editor's
note: Ord. No. 57, 3d, §
2, adopted Jan. 27, 2003, repealed the former Div. 5, §§ 2-331--2-333, and
enacted a new Div. 5 as set out herein. The former Div. 5 pertained to similar
subject matter and derived from Code 1980, § 2.54, subds. 1--3.
State
law references: Human
rights, M.S.A. ch. 363.
__________
The
human rights commission is composed of nine members and one council member. The
members of the commission shall be appointed with due regard to their fitness
for the efficient dispatch of the functions, powers, and duties vested in and
imposed upon the commission.
(Ord.
No. 57, 3d, § 2, 1-27-03)
The
purpose of the human rights commission is to secure for all citizens equal
opportunity in employment, housing, public accommodations, public services,
education, and other statutes of Minnesota's code with full participation in the
affairs of this community. The commission will assist the state department of
human rights in implementing the state's codes against discrimination and by
advising the council on long-range programs to improve community relations in
the city.
(Ord.
No. 57, 3d, § 2, 1-27-03)
The
duties and responsibilities of the human rights commission are as follows:
(1)
Adopt bylaws and rules for the conduct of its affairs including the
election, assumptions of duties and definition of responsibilities of officers
and committees. Such rules and bylaws shall be subject to the approval of the
council.
(2)
Develop a process where complainants or the commission on their behalf
may report and file possible violations of civil and human rights with the state
for the purpose of determining regulatory and enforcement procedures. The
council will approve the intake form and the reporting site, if the complainant
chooses to report initially to the city. The state department of human rights
investigates, mediates, and conciliates all alleged discriminatory acts. The
local commission may assist with the process.
(3)
Enlist the cooperation of agencies, organizations, and individuals in the
community in an active program directed to create equal opportunity and
eliminate discrimination or inequalities.
(4)
Plan events, activities, and forums for the city to give increased
effectiveness and direction to the work of all individuals and agencies
addressing themselves to planning, policy making, and educational programming in
the area of civil and human rights.
(5)
Advise the council and other agencies of the government on the human and
civil rights issues; act in an advisory capacity with respect to planning or
operation of any city department on issues of civil and human rights and
recommend the adoption of such specific policies or actions as are needed to
provide for full equal opportunity in the community.
(6)
Develop in cooperation with the state department of human rights, such
programs of formal and informal education to assist in the implementation the
state act against discrimination and provide for the commission's assumption of
leadership in recognizing and addressing potential problem areas in the
community.
(7)
Assist the state commissioner of human rights in the investigation of
complaints alleging a discriminatory act in violation of the state code.
(Ord.
No. 57, 3d, § 2, 1-27-03)
Secs.
2-334--2-360. Reserved.
A
library advisory board is established composed of seven members.
(Code
1980, § 2.55, subd. 1)
It
is the duty and responsibility of the library board to make investigations,
counsel with and advise the administrative officers and council as to the
operation and management of the library.
(Code
1980, § 2.55, subd. 2)
Secs.
2-363--2-390. Reserved.
A
park and recreation advisory board is established composed of 14 members, three
of whom shall be high school student members.
(Code
1980, § 2.56, subd. 1)
It
is the duty and responsibility of the park and recreation advisory board to
recommend, counsel and advise the administrative officers and the council in
matters relating to the operation and management of the city parks and
recreation areas.
(Code
1980, § 2.56, subd. 2)
Secs.
2-393--2-420. Reserved.
__________
*State
law references: Authority
to establish a planning agency, M.S.A. § 462.354, subd. 1.
__________
A
planning commission is established composed of nine members and ex officio
members. A councilmember shall serve as an ex officio member and shall have no
vote.
(Code
1980, § 2.53, subd. 1)
The
planning commission shall advise, recommend and assist the council and the city
administrative officers in matters relating to planning the physical growth of
the city. The planning commission shall also have such powers and duties as set
forth by statute or elsewhere in this Code.
(Code
1980, § 2.53, subd. 2)
Secs.
2-423--2-450. Reserved.
__________
*State
law references: Authority
to establish a board of zoning appeals, M.S.A. § 462.354, subd. 2.
__________
A
board of zoning appeals is established. The board shall consist of five members
who have been residents and taxpayers in the city for at least five years, and
in addition the county assessor, city attorney, city planner and city manager
shall be nonvoting ex officio members. One member shall be a member of the
planning commission. Each member shall be appointed by the council for a term of
five years. The inspection division shall serve as secretary of the board.
(Code
1980, § 2.57, subd. 1)
The
board of zoning appeals shall have the following authority and duties:
(1)
Hear, decide and recommend to the council, in accordance with provisions
of this division and chapter 74 pertaining to zoning, interpretation of chapter
74 and the zoning map;
(2)
Administrative review of the decisions of the inspection division; and
(3)
Hear and recommend the granting or denial of variances to the council.
(Code
1980, § 2.57, subd. 2)
Meetings
of the board of zoning appeals shall be held at the call of the chairperson and
at such other times as the board may determine. The chairperson or, in his
absence, the acting chairperson may administer oaths and compel the attendance
of witnesses. The presence of at least three members of the board shall be
necessary to constitute a quorum. The board shall adopt its own rules of
procedure and shall keep a record of its proceedings, showing the vote of each
member upon each question or, if absent or failing to vote, indicating such
fact, and shall also keep records of its hearings and other official actions.
Findings of fact shall be included in the minutes of each case of a requested
variation or appeal, and the reasons for recommending approval or denial of such
variation or appeal shall be specified. All records of proceedings, findings,
determinations and actions of the board shall be a public record. All meetings
of the board shall be open to the public. Administration and enforcement of the
board's proceedings shall be as enumerated in chapter 74.
(Code
1980, § 2.57, subd. 3)
In
exercising its authority and responsibilities as enumerated in this division and
chapter 74, the board of zoning appeals may recommend to the council the
reversal or affirmation wholly or partly or may modify the requirement,
decision, or determination appealed from to the extent and manner that the board
may decide to be fitting and proper on the premises. The concurring vote of
three members of the board shall be necessary to authorize the reversal of any
order, requirement, decision, or determination of the inspection division or to
approve in favor of the applicant on any matter upon which it is authorized by
chapter 74 or by this division to render a decision. If the application of
appeal is denied, no further action shall be required. The appellant shall have
the right of judicial review from any decision of the board of appeals or the
council.
(Code
1980, § 2.57, subd. 4)
Secs.
2-455--2-475. Reserved.
The
city council finds that the historical, architectural, archaeological,
engineering and cultural heritage of the city is among its important assets.
Therefore, the purpose of this section is to establish a municipal program of
heritage preservation, as authorized by M.S.A. § 471.193, to promote the
rehabilitation and conservation of historic properties for the education,
inspiration, pleasure and enrichment of the citizens and visitors of the City of
(Ord.
No. 80, 3d, § 1 (2.27, subd. 1), 9-13-04)
Certificate
of appropriateness means
an approved certificate issued by the heritage preservation commission prior to
the construction, demolition, alteration, removal or relocation of any publicly
or privately owned structure or site within a heritage preservation site.
Commission
means the heritage preservation commission established under the provisions of
this division.
Heritage
preservation district
means a concentration of two or more properties linked by significance and
located in a contiguous area and duly designated as a heritage preservation
district pursuant to section 2-486 of this division. A heritage preservation
district shall have the same protection and meaning as a heritage preservation
site under this division. Land and structures which do not contribute to the
significance of the district may be included within the boundaries of a heritage
preservation district when necessary to protect the significance and visual
unity of the whole.
Heritage
preservation site means a
single area, building, structure or object, which has been duly designated as a
heritage preservation site(s) pursuant to section 2-486 of this division.
For
the purpose of this division, a designated residential site or district is one
located within a residential zoning district while a designated commercial site
or district is one located within any nonresidential zoning district.
(Ord.
No. 80, 3d, § 1 (2.27, subd. 2), 9-13-04)
(a)
There is hereby created within and for the city a heritage preservation
commission with the following responsibilities:
(1)
To conduct continuing surveys and research in order to identify
properties which have historic, architectural, archaeological, engineering or
cultural significance to the community;
(2)
To recommend to the city council properties which meet the criteria of
significance stated herein for designation as heritage preservation sites;
(3)
To protect heritage preservation sites by public review of all proposed
alterations, relocations, demotions or new construction within designated site
boundaries;
(4)
To advise the property owners of heritage preservation sites and educate
the public in appropriate maintenance, rehabilitation or restoration methods. To
encourage continued uses compatible with the character of heritage preservation
sites;
(5)
To review and comment on applications pertaining to land use, signs,
subdivisions and site plans on properties designated heritage preservation
sites;
(6)
To advise the planning commission and/or the city council regarding
measures required or appropriate for the preservation, protection or maintenance
of heritage preservation sites which may include but shall not be limited to
variances or amendments to the zoning code, rules governing construction,
demolition, alteration or use, or the removal or repair of a blighting influence
incompatible with the physical well-being of designated properties;
(7)
To promote public recognition and appreciation for heritage preservation
sites. It shall periodically publish a register of designated and potential
heritage preservation sites and districts, along with guidelines and
preservation programs available at that time; and
(8)
To contract the services, on a permanent basis, of technical experts and
such persons as may be required to perform its duties; subject to approval of
the city council.
(b)
The commission shall not make application to the national register or to
the State of
(Ord.
No. 80, 3d, § 1 (2.27, subd. 3), 9-13-04)
The
heritage preservation commission shall consist of nine members, each being a
citizen of the city and holding no paid position with the city. Commission
membership shall include representation from the following:
(1)
An architect, or if an architect is not available, an experienced person
of the building trades.
(2)
A professional or experienced person in the areas of history,
architectural history, archaeology, planning, design, building trades, landscape
architecture or law.
(3)
A member of the Freeborn County Historical Society.
(4)
A representative of the city planning commission.
(5)
Persons with a demonstrated interest and/or expertise in historic
preservation.
(6)
Each voting ward of the city shall be represented on the commission.
(Ord.
No. 80, 3d, § 1 (2.27, subd. 4), 9-13-04)
Members
shall be appointed by the mayor with the approval of the council. Initial
appointees shall be three members for one year, three members for two years and
three members for three years. Thereafter, members shall be appointed for terms
of three years. Subsequent to resignations or vacancy, appointments shall be for
the remainder of the unexpired term. Members shall serve without compensation
and continue to hold office until their successors have been appointed and
approved.
(Ord.
No. 80, 3d, § 1 (2.27, subd. 5), 9-13-04)
The
commission shall elect from its members such officers as it may deem necessary
and the commission shall have the power to designate and appoint from its
members various committees advisory to the commission. The commission shall have
the power to establish by-laws necessary for the execution of its duties as set
forth in this division. All such by-laws shall be consistent with the laws of
the State of
(Ord.
No. 80, 3d, § 1 (2.27, subd. 6), 9-13-04)
City
staff assigned to the commission shall be the city planner who shall serve as
secretary. The secretary shall:
(1)
Keep minutes and records of all meetings and proceedings;
(2)
Be responsible for publication of copies of the minutes, reports, and
decisions of the commission and all other applicable agencies and individuals
identified herein; and
(3)
Give notice as provided herein or by law for all public hearings
conducted by the commission.
(Ord.
No. 80, 3d, § 1 (2.27, subd. 7), 9-13-04)
An
annual report shall be prepared and submitted to the state historic preservation
officer by October 31 of each year. The commission shall also include its annual
report in the annual report of the city. The report shall contain a statement of
the commission's activities and plans.
(Ord.
No. 80, 3d, § 1 (2.27, subd. 8), 9-13-04)
(a)
The commission shall meet not less than four times a year to initiate and
conduct ongoing surveys and nominations of properties, to review potential
heritage preservation sites, to make recommendations of properties to city
council for designation, and to approve the commission's annual report.
(b)
The commission shall meet at its earliest convenience, when called by the
chairman, to review such building permits or applications as are referred to it.
(Ord.
No. 80, 3d, § 1 (2.27, subd. 9), 9-13-04)
(a)
The commission shall keep current and public a list of all properties
designated as heritage preservation sites, or included in the State or the
National Register of Historic Places.
(b)
The commission shall provide the building official and the city planner
with current lists and maps showing heritage preservation sites and districts
for their use in referring applications to the commission.
(c)
The commission shall conform to the procedures of the Division of
Archives and Manuscripts of the Minnesota Historical Society and to M.S.A. §
138.17 on the disposition of records.
(d)
A separate file in the office of the city clerk is designated as the
repository for at least one copy of all commission minutes, forms, studies,
reports, recommendations and correspondence required under subsection 2-486(1)
and section 2-487 below. All minutes and records shall be available for public
inspection during normal business hours.
(Ord.
No. 80, 3d, § 1 (2.27, subd. 10), 9-13-04)
Following
careful historic resource surveys, the commission shall undertake to establish
and maintain a preservation catalog of community structures, sites and areas
having documented historical architectural, cultural archaeological, or
engineering interest or value. Such documentation shall be used to support the
criteria found in subsection (5) below. The catalog may include single
structures or sites, exterior portions of structures, groups of structures,
manmade or natural landscape elements, works of art, or integrated combinations
thereof and shall serve as the primary source of future district designations.
In establishing the catalog, the commission shall notify and solicit the views
of property owners and residents of structures, sites, and areas proposed to be
included in it on forms prescribed for that purpose.
(1)
Procedure for site/district designation. Proceedings to establish
or change boundaries of a property listed within the preservation catalog as a
preservation site or district may be initiated in one of the following ways:
a.
By petition of an owner of his/her residential or commercial property
within a proposed heritage preservation site.
b.
By petition of 60 percent of the owners of property within a proposed
heritage preservation district.
c. By resolution of the heritage prese