HomeMy WebLinkAbout12-01-15 City Council Meeting Packet
NOTICE OF MEETING
City Council Meeting
Tuesday, December 1, 2015 7:00 P.M.
City of Lake Elmo | 3800 Laverne Avenue North
Agenda
A. Call to Order
B. Pledge of Allegiance
C. Approval of Agenda
D. Accept Minutes
1. Approve November 17, 2015 Minutes
E. Council Reports
F. Presentations/Public Comments/Inquiries
G. Finance Consent Agenda
2. Approve Payment of Disbursements
H. Other Consent Agenda
3. Approve Belle Amie Spa Massage License Renewal
4. Approve Liquor License Renewals
5. Approve Inwood Addition Development Contract Addendum
6. Approve Reider Preliminary Plat Extension – Resolution 2015-86
7. Designate Data Practices Official – Resolution 2015-85
8. Approve Driveway Encroachment and Maintenance Agreement
I. Regular Agenda
9. Public Hearing: 2016 Proposed Tax Levy and General Fund Budget – Adopt 2016 Budget and Tax Levy –
Resolution 2015-84
10. Developer Line of Credit Reduction Discussion
11. Tana Ridge Park Sign
12. Charter and Roster for the Environmental Committee
13. City Administrator Search
14. RFP for Legal Services
15. Arts Center
16. Mayors Handbook
17. Utility Rate Study Update
18. Single Fire Station
J. Staff Reports and Announcements
K. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
CITY OF LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 17, 2015 CALL TO ORDER
Called to order at 7:10 pm.
PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren.
Staff present: Interim Administrator Schroeder, City Attorney Snyder, City Engineer Griffin,
Finance Director Bendel, City Planner Wensman and City Clerk Johnson.
Interim Administrator Schroeder read a statement explaining the role of the Parliamentarian.
Chief Administrative Law Judge Pust introduced herself and reviewed guidelines and decorum policies for the meeting.
PLEDGE OF ALLIGENCE
APPROVAL OF AGENDA
Mayor Pearson, seconded by Councilmember Smith, moved TO ADD ITEM J: ROLE OF
PARLIAMENTARIAN TO THE AGENDA. MOTION PASSED 4 – 1. (Bloyer – Nay)
Item 10 was removed from the Agenda. Items 7 and 9 were moved to the Regular Agenda for discussion after item 13.
Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPROVE THE AGENDA
AS AMENDED. MOTION PASSED 5 – 0.
ACCEPT MINUTES Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPROVE THE NOVEMBER 4, 2015 MINUTES AS AMENDED. MOTION PASSED 5 – 0.
COUNCIL REPORTS
Mayor Pearson: Met with staff, Bureau of Mediation Services, LMC and Judge Pust to discuss
the Parliamentarian process; met with staff to prepare for a water sewer consultant RFP; met with County officials on a variety of matters; held a Visit with the Mayor; attended the Oakdale Lake Elmo Prayer Breakfast; attended the Public Safety Committee meeting; attended the Parks
Commission meeting; fielded concerns from residents regarding the impact of development in
various neighborhoods, noting no complaints have been received from downtown property
owners; took calls regarding financial discussion and asked Interim Administrator Schroeder to comment on that during his staff report.
Councilmember Fliflet: Met with LMC and BMS; held a Finance Committee meeting where
they worked on water rate reduction and 2016 Budget; held an HR Committee meeting and
fielded resident concerns.
Councilmember Smith: Attended Finance Committee and postponed other reports due to time considerations.
Councilmember Lundgren: Spoke with Bureau of Mediation; discussed milfoil in lakes with
residents, attended HR Committee meeting; attended Oakdale Lake Elmo Prayer Breakfast;
thanked Public Works staff for picking up two dead deer in her neighborhood; discussed Inwood
area flooding with resident and staff.
Councilmember Bloyer: Emailed with Fields residents, emails from residents regarding the
Parliamentarian.
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 17, 2015
Page 2 of 6
Judge Pust explained that she was serving as Parliamentarian on behalf of the Office of
Administrative Hearings and reported that the City will be billed by the OAH at a rate of $120
per hour as approved by the Minnesota Management and Budget Department.
PUBLIC COMMENTS/INQUIRIES
Matt Eder and Becky Goble spoke on behalf of their dad, Jerome Eder, at 3415 Lake Elmo Avenue North concerning the construction of a storm water holding pond adjacent to his
property and related safety concerns.
Wally Nelson, 4582 Lilac Lane North, stressed the need for civility among the City Council
Members and called for removal of the censure of Councilmember Bloyer.
PRESENTATIONS
None
FINANCE CONSENT AGENDA
2. Approve Payment of Disbursements
3. Accept Financial Report Dated October 31, 2015
4. Accept Building Report Dated October 31, 2015 5. Accept Assessors Report Dated October 31, 2015 6. Approve Eagle Point Blvd. Street Improvements Pay Request No. 3
Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. OTHER CONSENT AGENDA
8. Water Tower No. 4 – Approve Preliminary Design Recommendations
Councilmember Smith, seconded by Councilmember Fliflet, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0.
ITEM 11: CLARIFICATION OF MANNING AVENUE REDESIGN AND FUNDING
OPTIONS
Interim Administrator Schroeder provided background information on the Washington County
plan to realign Manning Avenue and the design option chosen by the City Council.
Councilmember Fliflet added that she requested this discussion to provide clarification for the
public to address misconceptions.
Jack Rowenhorst, 11676 Little Bluestem, stated that as a new driver he is concerned about safety
and thinks option C would be much safer.
Lisa Rowenhorst, 11676 Little Bluestem, spoke against the C2 design chosen by the City
Council and asked the Council to reconsider option C for safety reasons.
Mary Pat Cumming, 11857 44th Street Lane North, reported that approximately 200 people in the
neighborhood have met and asked that their voices be heard in support of option C.
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 17, 2015
Page 3 of 6
Cindy Silkworth, 4418 Lily Avenue North, stated the County, staff and Planning Commission
recommended concept C and requested the City Council reconsider concept C.
Karen Schwartz, 11772 44th Street Lane North, expressed concerns about safety and asked that
Highway 5 remain open in both directions until the north-south road is built.
John Hodler, 11834 44th Street Lane North, stated that not building the north-south road is a big
problem for Fields of St. Croix residents and requested the Council reconsider option C.
Marcy Eischen, 11674 Stillwater Boulevard, spoke in favor of the dead end option on behalf of
herself and neighbors Dupuis and Jacobsen.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO CLARIFY
MANNING AVENUE REDESIGN APPROVAL OF CONCEPT C2 THAT WAS PASSED AT
THE SEPTEMBER 15 CITY COUNCIL MEETING, TO READ THA THE CITY COUNCIL
ACCEPTS CONCEPT C2, BUT THA THE EXACT TIMING, PLACEMENT, DESIGN AND
FUNDING FOR THE NORTH/SOUTH CONNECTION ROAD WILL BE DETERMINED
AT A LATER TIME THROUGH THOUGHTFUL PLANNING, AND THAT OLD
HIGHWAY 5 WILL NOT BE CUL DE SAC’D UNTIL THIS NORTH/SOUTH
CONNECTION IS BUILT. MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay)
Councilmember Bloyer stated concerns about safety and uncertainty that the costly north-south
road would be safer than option C. Mayor Pearson referred to a Washington County report on
stop lights and stated the C2 option is not safer.
Councilmember Fliflet directed staff to begin planning a workshop with residents to gather their
feedback. Councilmember Bloyer stated that the landowner should be contacted to inquire about
purchasing land for the north-south road. Mayor Pearson stated that the north-south road is an
improvement but without the landowner present it will be difficult to make progress.
ITEM 9: DOWNTOWN PHASE I IMPROVEMENTS – APPROVE DESIGN
REVISIONS FOR UPPER 33RD STREET AND LIBRARY PARKING LOT City Engineer Griffin provided an overview of the proposed revisions on Upper 33rd Street and
noted concerns expressed by a business owner.
Steve Johnson, 2945 Lake Elmo Avenue, stated that he has some concerns but feels the proposed
design is reasonable and works well for the Fire Department.
Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO APPROVE THE
UPPER 33RD STREET STRIPING REVISIONS FOR THE PHASE I DOWNTOWN
STREET, DRAINAGE AND UTILITY IMPROVEMENTS. MOTION PASSED 4 – 1.
(Pearson – Nay)
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 17, 2015
Page 4 of 6
Mayor Pearson stated that removing five parking spaces downtown needs additional research and
discussion.
City Engineer Griffin reviewed the proposed parking lot improvements for the Library, noting
that the Library Board would also be reviewing the proposal. Griffin stated that the project
contractor is offering favorable pricing through adding this project on to the downtown project.
Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE
LIBRARY PARKING LOT IMPROVEMENTS TO BE CONSTRUCTED IN
CONJUNCTION WITH PHASE I DOWNTOWN STREET, DRAINAGE AND UTILITY
IMPROVEMENTS. MOTION PASSED 4 – 1. (Bloyer – Nay)
Councilmember Bloyer stated that the City should pay for this improvement for a City building
and added that the City Council has not seen the Library budget.
ITEM 12: SEARCH FIRM FOR CITY ADMINISTRATOR
Interim Administrator Schroeder explained that the term of his contract is July 2016 to January 2016 and presented a list of search firms that could be employed to conduct a search for a
permanent City Administrator. Schroeder stated that Springsted provided an estimated cost of
$15,000 to $20,000 depending upon the scope of services. Discussion held concerning options
for conducting a search with and without a search firm.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO MOVE FORWARD WITHOUT A SEARCH FIRM AND INSTRUCT THE CITY CLERK TO POST THE POSITION ON THE LMC AND ICMA WEBSITES.
Councilmember Smith, seconded by Councilmember Fliflet, moved TO AMEND THE
MOTION TO ADD SUBJECT TO HIRING OF A PROFESSIONAL FIRM TO CONDUCT
BACKGROUND CHECKS. MOTION PASSED 5 – 0.
Councilmember Bloyer stated that he won’t support the motion, as he feels the City could extend
Mr. Schroeder’s contract and that Councilmembers shouldn’t be involved in vetting applicants.
Mayor Pearson suggested seeking professionals within the City to assist with reviewing
applicants.
PRIMARY MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay)
City Attorney Snyder recommended that the process should be moved along and suggested staff
prepare an advertisement for approve at the next Council meeting.
ITEM 13: HIGH PRIORITY FOR HIGHWAY 5/COUNTY ROAD 14
Interim Administrator Schroeder explained that Councilmembers have expressed a need for a traffic light at the intersection of Highway 5 and 50th Street.
Jim Ogren, 11790 Little Bluestem, stated that a stop light will also be needed at the intersection
of Highway 5 and Manning and suggested they could both be installed at the same time.
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 17, 2015
Page 5 of 6
Councilmember Fliflet stated that the 50th Street intersection should be a high priority for 2016
and not wait for the new road alignment.
Councilmember Fliflet, seconded by Councilmember Smith, moved THE LAKE ELMO CITY COUNCIL WOULD LIKE BY MATTER OF RESOLUTION TO SUPPORT A TRAFFIC SIGNAL AT THE INTERSECTION OF NEW CSAH 15 AND 50TH STREET AND MAKE IT KNOWN THAT THE CITY WOULD LIKE THIS TO BE THE NUMBER ONE PRIORITY
FO RHTE COUNTY FOR THIS STRETCH OF ROADWAY RECENTLY TURNED OVER
TO THE COUNTY FROM THE STATE OF MINNESOTA PREVIOUSLY KNOWN AS STATE HIGHWAY 5. Councilmember Bloyer stated that this intersection does not meet County standards for a traffic
light. Mayor Pearson asked about facts and rankings from the County’s report on intersections
and stated that all intersections should be assessed before committing to upgrading one. Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE THIS ISSUE TO A WORKSHOP. MOTION FAILED 2 – 3. (Fliflet, Lundgren, Smith – Nay)
PRIMARY MOTION PASSED 3 – 1 – 1. (Pearson – Nay, Bloyer – Present)
Mayor Pearson clarified that he is not opposed to a traffic light at the 50th Street intersection but
wants to look at all intersections first.
Mayor Pearson, seconded by Councilmember Lundgren, moved TO DIRECT STAFF TO ARRANGE A WORKSHOP TO DISCUSS INTERSECTION SAFETY CITY WIDE. MOTION PASSED 5 – 0.
ITEM 7: APPROVE SPECIAL ASSESSMENT PAYOFF FOR KLEIS PROPERTY
Finance Director Bendel reviewed the request from the property owner for a reduced payoff amount for special assessments levied in 1995 on a parcel that is in the Green Acres program.
City Attorney Snyder explained the Green Acres program and noted that if the City Council
chooses to modify the assessment it should be done by uniform resolution or an ordinance
change. Peter Kastler, 9130 55th Street North, stated he is the grandson of the original owners and that his
grandparents did not have any documentation regarding this assessment or the interest that is
due. Mr. Kastler noted that the assessment payoff isn’t due until the property is taken out of
Green Acres but he would agree to pay it off early at the reduced amount as a benefit to both parties.
Councilmember Fliflet, seconded by Councilmember Smith, moved TO ACCEPT THE
PAYOFF OFFER OF $6,879.55 FROM MR. KASTLER/KLEIS FAMILY TO PAY IN FULL
THE OUTSTANDING SPECIAL ASSESSMENTS RELATED TO THE 1995 STREET OVERLAY PROJECT. MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay)
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 17, 2015
Page 6 of 6
Councilmember Bloyer stated that he understands the situation but feels the City needs to adhere
to the laws and have thought out policies in place. Mayor Pearson added that he is concerned
about setting precedence with this reduction but has empathy for the property owners.
STAFF REPORTS AND ANNOUNCEMENTS
Interim City Administrator Schroeder: Attended the Public Safety Committee meeting, Parks
Commission meeting, met with developers, worked on legal and engineering concerns, attended
the Finance Committee meeting, provided the Mayor’s Handbook to the City Council at the
recommendation of the League of MN Cities. Reported that the Finance Committee discussed the proforma and recommends hiring Northland Securities to take over the proforma. The Finance Committee will continue to discuss the proforma at the next meeting.
Councilmember Bloyer, seconded by Mayor Pearson, moved THAT THE CITY
ADMINISTRATOR AND FINANCE DIRECTOR PROVIDE EXPLANATION TO
RESIDENTS AS TO THE WHEREABOUTS OF $6.5 MILLION IN ASSESSMENTS.
MOTION FAILED 2 – 3. (Fliflet, Lundgren, Smith – Nay)
City Clerk Johnson: Reported that an offer has been extended to a candidate for the Office
Administrative Assistant position.
Finance Director Bendel: Finalized recommended changes to the 2016 General Fund Budget at
Finance Committee Meeting, fielding calls and questions on assessments, all Lennar outstanding
assessments will be paid soon, started year end closeout in preparation for the audit.
City Attorney Snyder: No report.
Community Development Wensman: No report
City Engineer Griffin: Working on projects for next year and the engineering department is
very busy with current construction projects.
ROLE OF PARLIAMENTARIAN
Judge Pust asked for City Council input on the Parliamentarian and stated it was an honor to be
invited. Councilmembers indicated that it was helpful to have a Parliamentarian run the meeting.
Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO CONTINUE THE
SERVICES OF THE PARLIAMENTARIAN UNTIL THE SERVICES ARE NO LONGER NEEDEDAND TO DIRECT STAFF TO SECURE A REPLACEMENT PARLIAMENTARIAN IF NEEDED. MOTION PASSED 3 – 1 – 1. (Pearson – Abstain, Bloyer – Nay)
Meeting adjourned at 11:16 pm.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor
_______________________________ Julie Johnson, City Clerk
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
CONSENT
ITEM #2 MOTION
AGENDA ITEM: Approve Disbursements in the amount of $122,898.71
SUBMITTED BY: Patty Baker, Accountant
THROUGH: Cathy Bendel, Finance Director
REVIEWED BY: Cathy Bendel, Finance Director
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation…………………………………………City Administrator
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Finance
FISCAL IMPACT: $122,898.71 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council
is asked to approve disbursements in the amount of $122,898.71. No specific motion is needed
as this is recommended to be part of the Consent Agenda.
LEGISLATIVE HISTORY: NA
City Council Meeting [Consent Agenda Item 2]
December 1, 2015
-- page 2 --
BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the
fiduciary responsibility to conduct normal business operations. Below is a summary of current
claims to be disbursed and paid in accordance with State law and City policies and procedures.
Claim # Amount Description
ACH $ 11,572.49 Payroll Taxes to IRS & MN Dept of Revenue 11/25/15
ACH $ 5,801.10 Payroll Retirement to PERA 11/25/15
DD6804-DD6825 $ 29,379.82 Payroll Dated (Direct Deposits) 11/25/15
43637-43678 $ 76,025.30 Accounts Payable 12/01/15
2747-2748 $ 120.00 Library Card Reimbursement 12/01/15
TOTAL $ 122,898.71
RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council
approve as part of the Consent Agenda the aforementioned disbursements in the amount of
$122,898.71.
ATTACHMENTS:
1. Accounts Payable – check registers
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
CONSENT
ITEM # 3
AGENDA ITEM: Approval of Belle Amie Massage Therapy License Renewal
SUBMITTED BY: Julie Johnson, City Clerk
THROUGH: Julie Johnson, City Clerk
REVIEWED BY: Clark Schroeder, Interim Administrator
POLICY RECOMMENDER: City Staff
SUMMARY AND ACTION REQUESTED: The City has received an application for a
Massage Therapy license renewal for Belle Amie Spa located at 8925 Highway 5, Lake Elmo. The applicant has submitted all the necessary paperwork and fee for renewal.
LEGISLATIVE HISTORY: The City of Lake Elmo instituted a city license structure in
December of 2012 in order to better regulate the practice of therapeutic massage in Lake Elmo.
Licenses are subject to renewal each year. RECOMMENDATION: If removed from consent, staff recommends the following motion:
“Move to approve Massage Therapy License renewal for Belle Amie Spa as presented.”
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
CONSENT
ITEM # 4
AGENDA ITEM: Approval of 2016 Liquor License Renewals
SUBMITTED BY: Julie Johnson, City Clerk
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Julie Johnson, City Clerk Washington County Sheriff’s Office (Pending)
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ..................................................................................... Staff
- Report/Presentation…………………………………………………………Staff
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Staff
FISCAL IMPACT: License application revenue of $6,800
SUMMARY AND ACTION REQUESTED: The City has received liquor license renewal applications for 2016, required fees, and insurance certificates. As all applications are in order, it
is respectfully requested that the City Council approve these renewals as part of its Consent
Agenda. If removed from the Consent Agenda, staff recommends the following motion:
“Move to approve 2016 Liquor License Renewals, as presented.”
LEGISLATIVE HISTORY: According to State Statute and City Code, each year, all Liquor
Licenses must be renewed. All renewals are contingent upon approve by the Washington County
Sheriff’s Department. BACKGROUND INFORMATION: The City is respectfully requested to consider granting the
following 2016 Liquor License applications:
City Council Meeting [Consent Agenda Item 4]
December 1, 2015
-- page 2 --
• On-sale intoxicating liquor and On-Sale Sunday intoxicating license to The Machine
Shed Restaurant by Heart of America Restaurants; contingent upon approval by the
Washington County Sheriff’s Department.
• On-sale intoxicating liquor, Off-sale intoxicating liquor and On-sale Sunday intoxicating
license to the Twin Point Tavern and Lake Elmo Inn including the outside patio;
contingent upon approval by the Washington County Sheriff’s Department.
• Off-sale intoxicating liquor license to Village Wine & Spirits; contingent upon approval
by the Washington County Sheriff’s Department.
• On-sale intoxicating liquor license (second location) for the Lake Elmo Inn Event Center; contingent upon approval by the Washington County Sheriff’s Department.
• Off-sale intoxicating liquor license to Kwik Trip, Inc.; contingent upon approval by the
Washington County Sheriff’s Department.
RECOMMENDATION: As all applications are in order, it is respectfully requested that the
City Council approve all liquor license renewals. As part of its Consent Agenda, no formal
motion is required. If removed from the Consent Agenda, staff recommends the following motion:
“Move to approve 2016 Liquor License Renewals, as presented.”
MAYOR AND COUNCIL COMMUNICATION
DATE: 12/1/15
CONSENT
ITEM #: 5
AGENDA ITEM: Addendum to Inwood
SUBMITTED BY: Clark Schroeder
THROUGH: Stephen Wensman
REVIEWED BY: Stephen Wensman/Jack Griffin/Dave Snyder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT NONE
SUMMARY AND ACTION REQUESTED:
Inwood Second Addition was approved by city council. This is basically was an out lot of phase one
which added an additional 21 lots to the sub-division. Because there is no public utility involved in this
addition, a developer agreement is not required. This addendum to the phase one agreement is a way to
memorialize the WAC/SAC charges due and to allow for building to take place.
RECOMMENDATION:
If removed from consent:
“Approve Inwood contract addendum”
ATTACHMENT(S): Inwood contract addendum
1
(reserved for recording information)
DEVELOPMENT CONTRACT ADDENDUM
(Public sewer and water) Inwood Addition
AGREEMENT dated , 2015, by and between the CITY OF LAKE
ELMO a Minnesota municipal corporation (“City”), and Hans Hagen Homes, Inc., a Minnesota
corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the
plat for Inwood 2nd Addition (referred to in this Addendum as the "plat"). The land is situated in the County
of Washington, State of Minnesota, and is legally described as:
Outlot E, INWOOD, according to the recorded plat hereof, Washington County.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition
that the Developer enter into this Addendum to the Inwood Developer Contract, and record the plat with
the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat.
3. RIGHT TO PROCEED. The approvals related to the development (Plat of Inwood, 2nd
addition) are subject to, and conditioned upon, compliance with all requirements and conditions of
approval for related developments by the developer including Plat of Inwood 1st Addition and its
development agreement dated June 9, 2015. Failure to comply with any requirement related thereto
2
shall be a breach of this agreement.
4. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans and at the Developer’s sole expense. The plans shall not be attached to this Contract. If the plans
vary from the written terms of this Contract, the written terms shall control. The plans are:
Plan A – Final Plat
5. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC
AND WAC). The Developer shall be responsible for the payment of all sewer availability charges (SAC)
and all water availability charges (WAC) with respect to the Improvements required by the City and any
state or metropolitan government agency.
The sewer availability charge (SAC) in the amount of $3,000.00 per REU shall be paid by the
Developer prior to the City recording the final plat. The total amount to be paid by the Developer is
$63,000.00.
The water availability charge (WAC) in the amount of $3,000.00 per REU shall be paid by the
Developer prior to the City recording the final plat. The total amount to be paid by the Developer is
$63,000.00 .
In addition, a sewer connection charge in the current amount of $1,000.00 per REU, a Met
Council sewer availability charge in the current amount of $2,485.00 per REU, and a water connection
charge in the current amount of $1,000.00 per REU will be collected by the City at the time the building
permit is issued for each lot. These amounts are charged at the time of building permit in accordance with
the latest city fee schedule.
6. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. The approvals related to the development (Plat of Inwood, 2nd addition) are subject
to, and conditioned upon, compliance with all requirements and conditions of approval for related
developments by the developer including Plat of Inwood 1st Addition and its development agreement
3
dated June 9, 2015. Failure to comply with any requirement related thereto shall be a breach of this
agreement.
B. The Developer shall record a Declaration of Covenants, Conditions, Restrictions,
and Easements (hereinafter “Declaration”) along with the plat. The Declaration shall require the Inwood
Homeowners Association to be responsible for maintenance of landscaping installed in areas outside of
land dedicated as public park and open space on the final plat.
C. Retaining walls within rear yard utility easements shall be clearly documented and
shall be owned and maintained by the Inwood Homeowners’ Association. All costs associated with
protection, replacement, or maintenance of retaining walls due to any work in easements by the City shall
be the full responsibility of the Inwood Homeowners’ Association.
7. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Addendum which must be furnished to the City at the time of final plat approval:
Sewer Availability Charge (SAC) $63,000
Water Availability Charge (WAC)
$63,000
Park Dedication
N/A
City Base Map Upgrading
$525
Total Cash Requirements $126,525
8. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of its fee ownership
of the property being platted by way of an attorney’s title opinion or title insurance policy dated not earlier
than thirty (30) days prior to the execution of the plat.
CITY OF LAKE ELMO
(SEAL)
4
BY: , Mayor
AND , City Clerk
DEVELOPER:
BY: Its
5
STATE OF MINNESOTA ) ( ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of , 2 , by and by , the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss. COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2 , by
the of .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
6
FEE OWNER CONSENT
TO DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to
that portion of the subject property owned by them. Dated this day of , 2 .
STATE OF MINNESOTA ) ( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2 ,
by .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
7
MORTGAGE CONSENT
TO DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2 .
STATE OF MINNESOTA )
( ss. COUNTY OF )
The foregoing instrument was acknowledged before me this day of _, 2 , by .
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo
3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
8
IRREVOCABLE LETTER OF CREDIT
No. Date:
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of
Credit in the amount of $_ , available to you by your draft drawn on sight on the undersigned bank at its offices in Minnesota. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated , 2 , of
(Name of Bank) ";
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_ _. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written
notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator, City Hall, 3800 Laverne Ave. N. Lake
Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation.
BY:
Its
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015 REGULAR ITEM # 6
AGENDA ITEM: Rieder Property– Preliminary Plat Extension SUBMITTED BY: Stephen Wensman, City Planner
REVIEWED BY: Joan Ziertman SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ........................................................................ City Planner
- Report/Presentation………………………………………………...City Planner
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request by Mr. Rieder for Preliminary Plat Extension. The City Council approved Resolution 2015-056 granting preliminary plat approval on July 21, 2015. According to Lake Elmo City Ordinance 153.07 a subdivider of land must submit a final plat within 180 days after approval of
preliminary plat or the plat will be considered void. Staff is recommending approval of the
Preliminary Plat Extension.
BACKGROUND AND STAFF REPORT: The City Council approved Resolution 2015-056 granting preliminary plat approval for a 46-unit singled family attached (townhouse)
development to be located on slightly over 15 acres of land immediately east of Lake Elmo
Avenue and north of the Hunters Crossing development. The applicant, Mr. Rieder is requesting
the extension to allow for more time to arrange bank financing and prepare for final plat. MORITORIUM: This development is not affected by the City’s moratorium since it received
preliminary plat approval prior to July 22, 2015.
City Council Meeting [Regular Agenda Item XX]
December 1, 2015
-- page 2 --
FISCAL IMPACT:
• 5th Street: The City will require that the applicant enter into a developer’s agreement
with the City to specify the financial responsibilities for various aspects of the subdivision and related public improvements. It is expected that the project will include the construction of the northern half of the segment of 5th Street to the east of Lake
Elmo.
• Municipal services and property taxes: The developer is expected to pay the Water Availability Charge for the entire development at the time a final plat ($138,000 per unit)
and Sewer Accessibility Charge ($138,000) similar to other developments that are
connecting to the Municipal services. In addition, at the time of building permit issuance,
water and sewer connection charges will be collected in the amount of $2,000/unit ($92,000).When fully developed, the property taxes will produce roughly ($350,000x46).002=$32,200) in increased revenue per year.
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request for approval of a Preliminary Plat Extension for a 46-unit singled family attached (townhouse) development to be located on slightly over 15 acres of land immediately east of Lake Elmo Avenue and north of the Hunters Crossing development.
“Move to adopt Resolution No. 2015-086 approving the Rieder (Lennar Diedrich)
Townhouses preliminary plat extension for one year.”
ATTACHMENTS:
1. Resolution No. 2015-086 approving the Rieder Preliminary extension for one year.
2. Resolution No. 2015-056 approving the preliminary plat 3. Lennar Diedrich Townhouses Preliminary Plat 4. City Council Packet 7-21-15
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2015-86 A RESOLUTION APPROVING A 12 MONTH EXTENSION TO THE FINAL PLAT FOR THE LENNAR DIEDRICH PROPERTY
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Gerhart Rieder, property owner, 7401 Wyndham Way, Woodbury, MN
55125, submitted an application to the City of Lake Elmo (City) for a preliminary plat for a 46-
unit singled family attached (townhouse) development on approximately 15 acres in the RT-
Rural Development Transitional Zoning District (PID: 36.029.21.32.0002) referred to as Lennar
Diedrich Property Preliminary Plat, a copy of which is on file in the City of Lake Elmo Community
Development Department; and
WHEREAS, on July 7, 2015, the Lake Elmo Planning Commission reviewed and
recommended approval of the Lennar Diedrich Preliminary Plat; and WHEREAS, on July 21, 2015, the Lake Elmo City Council adopted Resolution 2015-
056 granting preliminary plat approval for a 46-unit singled family attached (townhouse)
development; and
WHEREAS, Gerhart Reider has requested a 12-month extension to the Final Plat
submittal deadline of the approved plat to allow for additional time to prepare for financing and
other planning activities.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve a 12-month extension to the Final Plat deadline for the Lennar Diedrich property
residential subdivision, thereby extending the final plat application deadline to December 1,
2016.
Passed and duly adopted this 1st day of December, 2015 by the City Council of the City of Lake Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor ATTEST:
____________________________________
Julie Johnson, City Clerk
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: July 21, 2015 REGULAR ITEM # 14
RESOLUTION 2015-056 AGENDA ITEM: Diedrich Property Townhouses (Lennar) – Preliminary Plat SUBMITTED BY: Kyle Klatt, Community Development Director
THROUGH: Julie Johnson, City Clerk REVIEWED BY: Planning Commission
Nick Johnson, City Planner
Jack Griffin, City Engineer
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .....................................Community Development Director
- Report/Presentation………………………...Community Development Director
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECCOMENDER: The Planning Commission is recommending approval of a preliminary plat for a new subdivision as requested by Lennar Corporation. The Subdivision
Ordinance requires that the City Council review and approval a preliminary plat before an
applicant may proceed with the preparation and recording of a final plat. The subdivision
request is being made by Lennar for property presently owned by Tammy Diedrich and Gerhard
Rieder within the I-94 Corridor planning area.
FISCAL IMPACT: TBD – The City will require that the applicant enter into a developer’s
agreement with the City to specify the financial responsibilities for various aspects of the
subdivision and related public improvements. The developer is expected to pay the Water
Availability Charge for the entire development at the time a final plat is approved (currently $3,000 per unit) similar to other developments that are connecting to the Lake Elmo Avenue
water main.
SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a
request for approval of a Preliminary Plat from Lennar Corporation for a 46-unit singled family
City Council Meeting [Regular Agenda Item 14]
July 21, 2015
-- page 2 --
attached (townhouse) development to be located on slightly over 15 acres of land immediately
east of Lake Elmo Avenue and north of the Hunters Crossing development. The proposed
development site is located within the City’s I-94 corridor planning area, and is in an area guided
for public sewer and water services. The preliminary plat has been prepared in response to the City’s Comprehensive Plan for the corridor, which guides this site for medium density urban residential development. The Staff report to the Planning Commission concerning this request is
attached to this memorandum, and includes a detailed summary of the request in addition to the
detailed Staff review and recommendation. The City Council was scheduled to review this
request at the 7/7/15 meeting, but consideration was postponed at request of the applicant. The applicant has now requested that consideration be placed back on the agenda
The Planning Commission is recommending approval of the preliminary plat with several
conditions of approval. The suggested motion to adopt the Planning Commission
recommendation is as follows: “Move to adopt Resolution No. 2015-056 approving the Lennar Diedrich Townhouses preliminary plat with 16 conditions of approval.”
LEGISLATIVE HISTORY/PLANNING COMMISSION REPORT: The attached staff report to the Planning Commission provides an overview of the request and a list of comments and recommendations from Staff. In order to address the initial set of comments from the City,
the developer prepared an updated site plan prior to the Planning Commission meeting that
reduced the overall number of units by two and that changed the originally planned private street
to a public street meeting City specifications. Although the construction plans have not yet been updated, the Planning Commission’s review focused on the updated site plan. The City will still need to review updated construction plans, and all previous review comments from the City
Engineer and County Engineer will need to be addressed by the applicant. Since the Planning
Commission meeting the developer has updated the landscape plan to provide a better overview
of how the site will look when completed.
The Planning Commission considered the preliminary plat at its June 22, 2015 meeting and
conducted a public hearing on the applicant’s request at this time. No one spoke at the public
hearing.
The Planning Commission discussed the request and specifically issues associated with the
timing of improvements to 5th Street, the updated site plan, and potential issues associated with
the new configuration of lots. The Commission also noted that the developer would need to
address an ownership issue in the extreme southwestern portion of the plat. Specifically, Ryland
Homes owns a small remnant of land that is sandwiched between 5th Street and the Lennar property. This property is shown as part of the Lennar plat, but it may be excluded from the
subdivision based on the developers’ comments at the meeting. If this is the case, four of the lots
need be adjusted in order to provide adequate rear yard setbacks. This is not a major plat
concern, but will need to be addressed as part of a final plat submission. The Commission
adopted a finding of fact to document their concerns over this issue.
City Council Meeting [Regular Agenda Item 14]
July 21, 2015
-- page 3 --
The Commission further discussed the status of parks in this area and the developer’s request to
pay a fee in lieu of land dedication. Commissioners adopted a motion to include a finding that
there are no City parks within ½ mile of the subdivision site. The Commission also requested
one additional condition of approval to clarify that the developer must secure a written agreement from Xcel Energy to perform the planned grading work within the existing power line
easement. The conditions of approval as amended by the Planning Commission are incorporated
into the draft resolution.
The Planning Commission adopted a motion to recommend approval of the Preliminary Plat with the findings and conditions as noted in the attached Resolution 2015-056. The motion passed
unanimously (7-0).
BACKGROUND INFORMATION (SWOT):
Strengths • The preliminary plat is consistent with the Comprehensive Plan
and specifically the Urban Medium Density Residential land use
classification.
• The project will connect to the Cottage Grove sewer interceptor via a connection to the gravity line constructed across the project
site late last year.
• The project will connect to the Lake Elmo Avenue water main
recently installed in this area.
Weaknesses • The two developers adjacent to 5th Street have not yet agreed to
build this road as a joint project.
Opportunities • The development will include 46 REC units and will pay
connection fees for sewer and water service. The developer has committed to paying the water availably charge for the entire
development ($138,000 based on the current fee schedule) with
the first phase of the final plat.
• The project will include the construction of the initial segment of 5th Street to the east of Lake Elmo (which must either be
constructed as a public project or privately by the developer).
Threats • None identified.
RECOMMENDATION: Based upon the above background information, Staff report and
Planning Commission recommendation, it is recommended that the City Council approve the
Lennar Diedrich Townhouses preliminary plat with the 16 conditions of approval as documented
in the resolution of approval by taking the following action / with the following motion:
“Move to adopt Resolution No. 2015-056 approving the Lennar Diedrich Townhouses preliminary plat with 16 conditions of approval.”
City Council Meeting [Regular Agenda Item 14]
July 21, 2015
-- page 4 --
ATTACHMENTS:
1. Resolution No. 2015-056
2. Planning Commission Report (6/22/15)
3. Application Forms 4. Application Narrative and Information
5. Location Map
6. Tree Inventory
7. Review Comments:
a. City Engineer b. Washington County
8. Preliminary Plat and Plans (20 sheets)
a. Revised Site Plan (Dated 6/19/15)
b. Revised Landscape Plan (Dated 6/25/15)
c. Cover Sheet d. Legend Sheet
e. Existing Conditions
f. Preliminary Plat
g. Preliminary Site Plan
h. Preliminary Utility Plan i. Preliminary Grading Plan
j. Erosion Control Plan
k. Preliminary Seeding Plan
l. Preliminary Street Profiles
m. Details n. Landscape Plan
o. Tree Preservation Plan
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2015-056
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR
THE LENNAR DIEDRICH TOWNHOUSES
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Lennar Corporation, 16305 36th Avenue North, Plymouth, MN (Applicant)
has submitted an application to the City of Lake Elmo (City) for a Preliminary Plat for the
Lennar Diedrich Townhouses subdivision, a copy of which is on file in the City of Lake Elmo
Community Development Department; and
WHEREAS, the Lake Elmo Planning Commission held public hearing on June 22, 2015
to consider the Preliminary Plat request; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation concerning the Preliminary Plat as part of a memorandum to the City Council
from Community Development Director Kyle Klatt for the July 7, 2015 Council Meeting; and
WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending
approval of the Preliminary Plat; and
WHEREAS, the City Council reviewed the Preliminary Plat at its meeting held on July
7, 2014 and made the following findings of fact:
1) That the preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the
Future Land Use Map for this area.
2) That the preliminary plat complies with the City’s Urban Medium Density Residential
zoning district regulations.
3) That the preliminary plat complies with all other applicable zoning requirements,
including the City’s landscaping, storm water, sediment and erosion control and other
ordinances with the plan revisions as requested by City Staff and consultants.
4) That the preliminary plat complies with the City’s subdivision ordinance.
5) That the preliminary plat is consistent with the City’s engineering standards provided the
plans are updated to address the City Engineer’s comments documented in a letter dated
June 17, 2014.
6) That there are no City parks located within ½ mile of the proposed subdivision.
7) That the updated development plans indicate that proposed structures on Lots 29-32 are
located too close to the property line and that the development plans must be updated to
move these structures to the required setbacks prior to the submission of a final plat.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the preliminary plat for the Lennar Diedrich Townhouses subdivision subject to the
following conditions:
1) The landscape plan and tree preservation plan shall be reviewed and approved by an
independent forester or landscape architect in advance of the approval of a final plat and
final construction plans.
2) The final landscape plan shall incorporate additional plantings where feasible adjacent to
the shared property lines with parcel at 11490 Hudson Boulevard.
3) The applicant shall be responsible for updating the final construction plans to include the
construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way
as required by Washington County and further described in the review letter received
from the County dated March 3, 2015. The required improvements shall include, but not
be limited to the construction of a northbound right turn lane and southbound center turn
lane.
4) The developer shall follow all of the rules and regulations spelled out in the Wetland
Conservation Act, and shall acquire the needed permits from the Valley Branch
Watershed District prior to the commencement of any grading or development activity on
the site.
5) The applicant shall enter into a maintenance agreement with the City that clarifies the
individuals or entities responsible for any landscaping installed in areas outside of land
dedicated as public park and open space on the final plat.
6) The developer shall be required to pay a fee in lieu of park land dedication equivalent to
the fair market value for the amount of land that is required to be dedicated for such
purposes in the City’s Subdivision Ordinance. A cash payment in lieu of land dedication
shall be paid by the applicant prior to the release of the final plat for recording.
7) The applicant must enter into a separate grading agreement with the City prior to the
commencement of any grading activity in advance of final plat and plan approval. The
City Engineer shall review any grading plan that is submitted in advance of a final plat,
and said plan shall document extent of any proposed grading on the site.
8) All required modifications to the plans as requested by the City Engineer in a review
letter dated June 17, 2015 shall be incorporated into the plans prior to consideration of a
final plat.
9) The applicant shall update all of the landscaping and construction plans to reflect the
updated site plan that includes a public right-of-way within the project area. These
updated plan shall be subject to review and approval by the City Engineer.
10) Although the updated site plan does not incorporate a private street, any request for
flexibility from City regulations and standards must be considered and addressed as part
of the final plat submission.
11) The final construction plans for the Diedrich Townhouses subdivision shall include, at a
minimum, the northern portion of 5th Street if a joint construction project between the
applicant and Ryland Homes does not proceed in advance of a final plat submission for
the applicant’s site.
12) The architectural covenants for the homeowner’s association shall include provisions that
discourage blank garage doors. All garage doors shall incorporate windows or decorative
trim to minimize the visual impact of the garage-forward home design.
13) Prior to recording the Final Plat for any portion of the area shown in the Preliminary Plat,
the Developer shall enter into a Developers Agreement acceptable to the City Attorney
that delineates who is responsible for the design, construction, and payment of public
improvements.
14) The site plan and construction plans shall be revised to include a sidewalk along at least
one side of all streets within the subdivision.
15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee
Schedule for the entire development prior to the release of the final plat for recording,
regardless of project phasing.
16) The developer shall secure a written grading agreement from Excel Energy concerning
the proposed grading activity underneath an existing power line easement across the
property prior to submission of a final plat.
Passed and duly adopted this 21st day of July 2015 by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
CONSENT
ITEM # 7
AGENDA ITEM: Designating City’s Data Practice Official
SUBMITTED BY: Julie Johnson, City Clerk
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Clark Schroeder, Interim City Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation…………………………………………City Administrator
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: City Clerk/Staff.
FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is requested to consider
approval of Resolution No. 2015-85, Designating City’s Data Practices Official. It has been the
City’s past practice to appoint the City Clerk to act as the Data Practices Official. At some point
during the staff transitions this year, the City Attorney was appointed as the Data Practices Official and he has stated it is appropriate to transfer this duty back to the City Clerk at this time. RECOMMENDATION: The City Council is requested to consider approval of Resolution No.
2015-85, Designating City’s Data Practices Official. As part of its consent agenda, no specific
motion is required. If Council wishes to remove this item from the consent agenda, the recommended motion is as follows:
“Move to approve Resolution No. 2015-85, Designating City Data Practices Official;
specifically, designating Julie Johnson as the City’s Data Practices Responsible Authority and
Compliance Officer” ATTACHMENT: Resolution No. 2015-85
Resolution No. 2015-02
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2015-85 A RESOLUTION DESIGNATING CITY’S DATA PRACTICES OFFICIAL
WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and procedures pertaining to government data practices; and
WHEREAS, the statute also requires the appointment of a data practices compliance
official, a data practices responsible authority and optional designee(s) to enforce the data
practices policies of government agencies.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the attached City of Lake Elmo Data Practices Policy, together with the exhibits
attached thereto, are hereby adopted and approved as if fully set forth herein; and
BE IT FURTHER RESOLVED, that City Clerk Julie Johnson will be appointed to
serve as the city’s data practices responsible authority and compliance official.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS FIRST DAY OF DECEMBER, 2015.
CITY COUNCIL CITY OF LAKE ELMO
By: __________________________
Mike Pearson
Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
CONSENT
ITEM #
AGENDA ITEM: Driveway Encroachment & Maintenance Agreement
SUBMITTED BY: Joan Ziertman, Planning Program Assistant
THROUGH: Clark Schroeder, City Administrator
REVIEWED BY: Stephen Wensman, City Planner
SUGGESTED ORDER OF BUSINESS (if removed from consent agenda):
- Introduction of Item ..................................................................................... Staff
- Report/Presentation………………………................................................Staff
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff recommends that the City Council approve the Driveway
Encroachment and Maintenance agreement for Jeerasak Poophakumanart at PID
#24.029.21.13.0004. FISCAL IMPACT: None
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to
authorize as part of tonight’s consent agenda, the execution of a driveway encroachment and maintenance agreement. The City has received a request to install a driveway within an unimproved portion of the public right-of-way owned by the City. Homeowner and City intend
that Homeowner shall be responsible for maintaining, repairing and replacing the Private
Driveway.
Staff is recommending that the City Council approve the driveway encroachment and maintenance agreement as part of the Consent Agenda. If the City Council removes the item
from the Consent Agenda, the recommended action can be completed through the following
motion:
City Council Meeting [Consent Agenda Item]
December 1, 2015
-- page 2 --
“Move to approve the driveway encroachment and maintenance agreement for Jeerasak
Poophakumpanart to install a driveway within an unimproved portion of the public right-of-
way owned by the City.”
LEGISLATIVE HISTORY: The Driveway Encroachment and Maintenance Agreement that
has been submitted for Council consideration is for a driveway and has been reviewed by
planning and engineering staff. The proposed driveway meets all city code requirements and Staff would have otherwise authorized construction of the driveway if it did not encroach into
the unimproved portion of the public right-of-way owned by the City.
BACKGROUND INFORMATION (SWOT):
Strengths: The Driveway encroachment and maintenance agreement is a legal document that all property owners seeking to install driveways within unimproved portions of
public right-of-way owned by the City are required to sign. The document, among other
things, indemnifies the city from responsibility if damage occurs to the improvement or if
it needs to be removed at some point in the future.
Weaknesses: None
Opportunities: None
Threats: None
RECOMMENDATION:
Based on the aforementioned, Staff is recommending that the City Council approve the driveway encroachment and maintenance agreement as part of the Consent Agenda. If the City Council
removes the item from the Consent Agenda, the recommended action can be completed through
the following motion:
“Move to approve the driveway encroachment and maintenance agreement for Jeerasak Poophakumpanart to install a driveway within an unimproved portion of the public right-of-way owned by the City.”
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
REGULAR
ITEM #9
AGENDA ITEM: Approve 2016 Final General Fund, Debt Service Fund & Library Fund
Annual Budget and Tax Levy
SUBMITTED BY: Cathy Bendel, Finance Director
THROUGH: Cathy Bendel, Finance Director
REVIEWED BY: Finance Committee and Clark Schroeder, Interim City Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ..................................................................Finance Director
- Report/Presentation…………….Finance Director/Interim City Administrator
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Public Hearing ........................................................... Mayor Facilitates
- Close Public Hearing…………………………………………Mayor Facilitates
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance Director and Finance Committee
FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: Pursuant to State law, the City is required to hold
a Truth in Taxation hearing regarding the adoption of the 2016 General Fund, Debt Service Fund
and Library Fund Budgets. The City Council is being asked to approve the Final 2016 Annual
Budget and Levy for these funds and hold a public hearing. BACKGROUND INFORMATION: The City of Lake Elmo has both the legal and fiduciary
authority and responsibility under Minnesota State Statute to adopt a 2016 General Fund, Debt
Service Fund and Library Fund annual budgets; all of which impact the annual Property Tax
Levy. On September 1, 2015, the Preliminary Annual Budgets for these funds were approved and subsequently certified to Washington County. The final levy and budgets for these funds must be adopted and certified to Washington County by December 28th, 2015, after holding a
Truth in Taxation hearing.
City Council Meeting [Regular Agenda Item #9]
December 1, 2015
-- page 2 --
STAFF REPORT: At budget review meetings, the Finance Committee reviewed an in-depth
budget and levy presentation for 2016 related to the General Fund. The City Council was invited to those meetings and provided their input as well. As a result of those meetings, the preliminary budget was finalized and presented to the City Council on September 15, 2015 for approval and
preliminary certification to the County. Due to uncertainty surrounding the developer build out
activity, conservative revenue numbers were used for the preliminary 2016 budget resulting in
the certification to the County representing the maximum Levy possible.
On October 14, 2015 the Finance Committee had a follow up 2016 budget meeting to review
updated actual results to date. The City Council was again invited to those meetings to provide
their input. As a result of those meetings, final revisions were made resulting in a reduction to
the preliminary levy certification of $521,694. It was recommended that any and all excess funds available in the general fund budget be used to reduce the 2016 General Fund Levy. As a
result, the final 2016 levy certification is being proposed at $3,112,204.
RECOMMENDATION: It is recommended that the City Council hold a public hearing related to these budgets and if no issues arise as a result, pass Resolution 2015-84, thereby approving the
final 2016 General Fund, Debt Service Fund and Library Fund Annual Budget’s and Levies by
undertaking the following motion:
“Move to approve Resolution No. 2015-84 adopting the final 2016 General Fund, Debt Service
Fund and Library Fund Annual Budget’s and Levies”
ATTACHMENT:
1. Resolution No. 2015-84
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2015-84 RESOLUTION APPROVING 2015 TAX LEVY, COLLECTIBLE IN 2016
AND
ADOPTING THE 2016 GENERAL FUND BUDGET
WHEREAS, the City Council has conducted budget meetings to review the 2015 Tax Levy,
collectible in 2016, and the final 2016 General Fund, 2016 Debt Fund, and 2016 Library Fund Budgets; and
WHEREAS, the City is required to adopt a final 2016 general fund budget payable 2016 and certify its final property tax levy payable in 2016.
WHEREAS, the City of Lake Elmo held it’s Truth in Taxation hearing on December 1, 2015;
WHEREAS, the City of Lake Elmo closed the public hearing on the 2016 General Fund, Debt Fund and Library Fund budgets at the close of the meeting on December 1, 2015 without need for continuation;
BE IT RESOLVED that the City adopts the final 2016 General Fund, Debt Fund and Library
Fund Budgets,
BE IT FURTHER RESOLVED by the Council of the City of Lake Elmo, County of Washington,
Minnesota that the following sums of money be levied for the current year, collectible in 2015, upon taxable
property in the City of Lake Elmo, for the following purposes:
Total General Fund Levy $2,190,706 Total G.O. Debt Levy $ 664,541
Library Levy $ 256,957
Total Levy $3,112,204
BE IT FUTHER RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Washington County, Minnesota.
ADOPTED, by the Lake Elmo City Council on the 1st day of December, 2015.
______________________________ Mike Pearson
Mayor ATTEST:
__________________________________
Julie Johnson
City Clerk
MAYOR AND COUNCIL COMMUNICATION
DATE: 12/1/15
REGULAR
ITEM #: 10
MOTION
AGENDA ITEM: Request to decrease letter of credit for Robert Engtrom Company
SUBMITTED BY: Clark Schroeder
THROUGH: Clark Schroeder
REVIEWED BY: Jack Griffin
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT POSSIBLE CHANGE IN DEVELOPER LETTER OF CREDIT
POLICY
SUMMARY AND ACTION REQUESTED:
Staff has been approached by Robert Engstrom to allow a decrease in letter of credit for the Wildflower
development in advance of any reduction that would otherwise be allowed through the current development
agreement. This is not an atypical request by developers and is something which council could consider
changing the policy. Instead of just addressing Mr. Engstrom’s request it is appropriate for council to
consider the overall policy and if any changes should be addressed.
BACKGROUND AND STAFF REPORT: This is a summary of Mr. Engstroms’s request, which could
apply to a number of different developers.
A letter of credit was given to the City of Lake Elmo in the amount of $3,440,831 by the Robert Engstrom
Companies for the Wildflower development to protect the city’s interest in case the company faltered or
failed to complete the infrastructure required to support the development. Of this amount $1,711,104 was
required to secure the watermain, sanitary sewer and storm sewer, and storm water pond structure
installation.
Mr. Engstrom is requesting a reduction in the letter of credit in the amount of $1,236,826.96; an amount Mr. Engstrom has determined to represent 100% of the sanitary sewer, watermain, and storm sewer for
the phase 1 development. Based upon an initial security in the amount of 125% of the estimated costs,
this reduction in letter of credit would leave $309,206.72 related to the utilities for any warranty
corrections. The difference in the amount of letter of credit addition relates to different estimates of the
cost of utility installation and different engineers. The current policy requires 25% of the initial security to
be held through the warranty period.
Mr. Engstrom is requesting a reduction in the letter of credit in advance of any reduction that would
otherwise be allowed through the current development agreement. The current development agreement
requires not only the full installation of each infrastructure component, but also all testing and verification
procedures to ensure the installation is constructed as planned (the quality control processes). The current
development agreement therefore identifies various letter of credit reduction milestones that align with the
completion of the quality control review processes for each infrastructure component. Mr. Engstrom, along
with other developers, continue to request letter of credit reductions once the infrastructure component is
installed in the field, but before the quality control review processes have been completed. They cite
difficulties with the additional waiting time since they need to make payments to the contractors for the
work installed.
Mr. Engstrom has not yet provided a record plan or an as built record for the city to verify the proper
installation of the utilities, including the correct depth, correct grade, and at the correct location. It is not
uncommon after a record plan is submitted for engineering to identify some corrections to be made. This
would be the responsibility of the developer to correct. The only case in which a letter of credit would be
utilized to correct errors would be if the developer failed to make them and the city was left completing the
project on its own.
Given the frequency of the request, staff is looking for council direction as it relates to the processing of
letter of credit reduction requests. If so directed by council, policy changes could be implemented to reduce
the letters of credit upon the installation of the infrastructure component at 100% installed, but not verified.
Since the city has not yet received a record plan or in some cases completed testing, it is hard for staff to
give a recommended exact dollar amount to decrease the security. Staff is unable at this point to certify to
the city the acceptance of the improvement.
However, the developers are asking, does the city need to retain 100% of the letter of credit until the
completion of the verification processes? They believe the city has adequate security to address issues that
may arise.
City staff, if so directed by council could, suggest policy changes which would allow partial decreases in
letters of credit.
RECOMMENDATION:
Staff recommends the City Council … take the following action / with the following motion:
Move to direct staff to propose changes to development agreements that would allow decreases in
letters of credit.
ATTACHMENT(S):
Wildflower at Lake Elmo reduction request & Wildflower LOC utilities.
November 17, 2015 Clark Schroeder City Administrator Lake Elmo Re: Wildflower at Lake Elmo LOC Clark: As a follow up of my previous letter and conversation, we are requesting the amount of $1,236,826.96 for a letter of credit reduction for our
Wildflower at Lake Elmo Development.
The engineers estimate for this amount is attached. This represents the
100% completion of the installation of the sanitary sewer, water and storm
sewer. 25% of the Letter of Credit or $309,206.72 is still remaining on the
LOC which certainly is enough for any issues on a project where there are
two city inspectors.
As I mentioned before, because of the FDIC stringent requirements for bank
balancing, the lender is unable to release any funds to pay the contractor
until the LOC is reduced.
Please call if you need any further information.
Thank you.
Bob Engstrom
952-893-1001
Item # Contract Item Unit Unit Price Quantity Amount
SS-1 8" PVC SDR 35, 10'-12' Depth LF $30.25 922 $27,890.50
SS-2 8" PVC SDR 35, 12'-14' Depth LF $30.25 565 $17,091.25
SS-3 8" PVC SDR 35, 14'-16' Depth LF $30.25 204 $6,171.00
SS-4 8" PVC SDR 35, 16'-18' Depth LF $30.25 601 $18,180.25
SS-5 8" PVC SDR 35, 18'-20' Depth LF $30.25 210 $6,352.50
SS-6 8" PVC SDR 26, 10'-12' Depth LF $37.75 114 $4,303.50
SS-7 8" PVC SDR 26, 14'-16' Depth LF $37.75 70 $2,642.50
SS-8 8" PVC SDR 26, 16'-18' Depth LF $37.75 261 $9,852.75
SS-9 8" PVC SDR 26, 18'-20' Depth LF $37.75 48 $1,812.00
SS-10 8" PVC SDR 26, 20'-22' Depth LF $37.75 82 $3,095.50
SS-11 8" PVC SDR 26, 22'-24' Depth LF $37.75 35 $1,321.25
SS-12 8" PVC SDR 26, 24'-26' Depth LF $44.00 22 $968.00
SS-13 10" PVC SDR 26, 14'-16' Depth LF $58.00 55 $3,190.00
SS-14 10" PVC SDR 26, 16'-18' Depth LF $58.00 736 $42,688.00
SS-15 10" PVC SDR 26, 18'-20' Depth LF $58.00 390 $22,620.00
SS-16 10" PVC SDR 26, 20'-22' Depth LF $58.00 37 $2,146.00
SS-17 4" PVC SDR 26 Service Pipe LF $13.50 3,235 $43,672.50
SS-18 4" PVC Clean Outs EA $135.00 4 $540.00
SS-19 4" PVC SDR 26 Riser Pipe VF $17.00 163 $2,771.00
SS-20 8"x4" PVC Service WYE EA $105.00 52 $5,460.00
SS-21 10"x4" PVC Service WYE EA $210.00 18 $3,780.00
SS-22 Sanitary Sewer Manhole (0'-10' Depth) EA $2,334.00 23 $53,682.00
SS-23 Sanitary Sewer Manhole Extra Depth VF $95.00 92.81 $8,816.95
SS-24 Televise Sanitary Sewer LF $2.00 4,315 $8,630.00
SS-25 Sanitary Sewer Test LF $0.50 4,315 $2,157.50
SS-26 4" PVC C-900 Force Main LF $23.50 450 $10,575.00
Total Sanitary Sewer Estimate Amount $310,409.95
ENGINEER'S ESTIMATE
FOR
UTILITY AND STREET CONSTRUCTION
WILDFLOWER AT LAKE ELMO - 1st PHASE
IN
LAKE ELMO, MN
November 17, 2015
Plan Date: 08-25-15 - contract pricing
Section A1 - Sanitary Sewer - 1st Phase
Bid Estimate
Item # Contract Item Unit Unit Price Quantity Amount
SS2-1 10" PVC SDR 26, 16'-18' Depth LF $58.00 75 $4,350.00
SS2-2 10" PVC SDR 26, 18'-20' Depth LF $58.00 78 $4,524.00
SS2-3 10" PVC SDR 26, 20'-22' Depth LF $58.00 128 $7,424.00
SS2-4 10" PVC SDR 26, 22'-24' Depth LF $58.00 182 $10,556.00
SS2-5 Sanitary Sewer Manhole (0'-10' Depth) EA $2,334.00 1 $2,334.00
SS2-6 Sanitary Sewer Manhole Extra Depth VF $95.00 11.66 $1,107.70
SS2-7 Televise Sanitary Sewer LF $2.00 463 $926.00
SS2-8 Sanitary Sewer Test LF $0.50 463 $231.50
SS2-9 Connect to Existing EA $1,600.00 1 $1,600.00
Total Sanitary Sewer Estimate Amount $33,053.20
Item # Contract Item Unit Unit Price Quantity Amount
SS3-1 8" PVC SDR 26, 20'-22' Depth LF $37.75 79 $2,982.25
SS3-2 10" PVC SDR 26, 20'-22' Depth LF $58.00 106 $6,148.00
SS3-3 10" PVC SDR 26, 22'-24' Depth LF $58.00 87 $5,046.00
SS3-4 Sanitary Sewer Manhole (0'-10' Depth) EA $2,334.00 2 $4,668.00
SS3-5 Sanitary Sewer Manhole Extra Depth VF $95.00 24.10 $2,289.50
SS3-6 Televise Sanitary Sewer LF $2.00 272 $544.00
SS3-7 Sanitary Sewer Test LF $0.50 272 $136.00
Total Sanitary Sewer Estimate Amount $21,813.75
Item # Contract Item Unit Unit Price Quantity Amount
WM-1 6" D.I.P. Class 52 LF $26.50 138 $3,657.00
WM-2 8" D.I.P. Class 52 LF $32.00 4,586 $146,752.00
WM-3 12" D.I.P. Class 52 LF $50.00 587 $29,350.00
WM-4 Fire Hydrant w/6" Gate Valve EA $4,890.00 12 $58,680.00
WM-5 D.I.P. Fittings LB $1.75 7,040 $12,320.00
WM-6 1" Corporation Stop EA $108.00 71 $7,668.00
WM-7 1" Curb Stop & Box EA $166.00 71 $11,786.00
WM-8 1" Copper (Type-K) Service Pipe LF $16.50 3,235 $53,377.50
WM-9 8" Gate Valve & Box EA $1,426.00 13 $18,538.00
WM-10 12" Gate Valve & Box EA $2,900.00 2 $5,800.00
WM-11 Watermain Test LS $4,822.00 1 $4,822.00
WM-12 4" Ridgid Insulation SF $3.00 448 $1,344.00
Total Watermain Estimate Amount $354,094.50
Bid Estimate
Section B1 - Watermain - 1st Phase
Section A3 - Sanitary Sewer - Entrance Road STA:0+00 to 1+94.17
Bid Estimate
Section A2 - Sanitary Sewer - Entrance Road STA:-5+50 to 0+00
Bid Estimate
Item # Contract Item Unit Unit Price Quantity Amount
WM2-1 6" D.I.P. Class 52 LF $26.50 23 $609.50
WM2-2 8" D.I.P. Class 52 LF $32.00 550 $17,600.00
WM2-3 12" D.I.P. Class 52 LF $50.00 182 $9,100.00
WM2-4 Fire Hydrant w/6" Gate Valve EA $4,890.00 2 $9,780.00
WM2-5 D.I.P. Fittings LB $1.75 1,500 $2,625.00
WM2-6 8" Gate Valve & Box EA $1,426.00 2 $2,852.00
WM2-7 12" Gate Valve & Box EA $2,900.00 2 $5,800.00
WM2-8 Connect To Existing Watermain EA $500.00 1 $500.00
WM2-9 Watermain Test LS $2,000.00 1 $2,000.00
WM2-10 4" Ridgid Insulation SF $3.00 128 $384.00
Total Watermain Estimate Amount $51,250.50
Item # Contract Item Unit Unit Price Quantity Amount
ST-1 12" RCP Class 5 LF $28.00 606 $16,968.00
ST-2 15" RCP Class 5 LF $29.00 2,487 $72,123.00
ST-3 18" RCP Class 5 LF $31.50 352 $11,088.00
ST-4 21" RCP Class 4 LF $34.00 452 $15,368.00
ST-5 24" RCP Class 3 LF $36.50 250 $9,125.00
ST-6 27" RCP Class 3 LF $45.00 1,400 $63,000.00
ST-7 30" RCP Class 3 LF $51.00 144 $7,344.00
ST-8 33" RCP Class 3 LF $66.00 22 $1,452.00
ST-9 36" RCP Class 3 LF $67.50 246 $16,605.00
ST-10 15" FES w/Trash Guard EA $800.00 12 $9,600.00
ST-11 18" FES w/Trash Guard EA $903.00 2 $1,806.00
ST-12 24" FES w/Trash Guard EA $1,300.00 4 $5,200.00
ST-13 30" FES w/Trash Guard EA $1,450.00 2 $2,900.00
ST-14 36" x 24" Catch Basin EA $1,551.00 20 $31,020.00
ST-15 48" Catch Basin Manhole (0'-10' Depth) EA $2,704.00 26 $70,304.00
ST-16 48" Manhole (0'-10' Depth) EA $2,650.00 4 $10,600.00
ST-17 48" Manhole Extra Depth VF $99.00 9.39 $929.61
ST-18 60" Catch Basin Manhole (0'-10' Depth) EA $4,126.00 3 $12,378.00
ST-19 60" Manhole (0'-10' Depth) EA $3,677.00 2 $7,354.00
ST-20 60" Manhole Extra Depth VF $154.00 18.70 $2,879.80
ST-21 72" Catch Basin Manhole (0'-10' Depth) EA $6,204.00 2 $12,408.00
ST-22 72" Manhole (0'-10' Depth) EA $5,035.00 1 $5,035.00
ST-23 72" Manhole Extra Depth VF $210.00 5.44 $1,142.40
ST-24 48" Pond Control Structure EA $4,100.00 4 $16,400.00
ST-25 60" Pond Control Structure EA $4,600.00 1 $4,600.00
ST-26 RIP RAP Class III CY $75.00 72 $5,392.50
ST-27 Catchbasin Inlet Protection & Maintained (Grass) EA $200.00 9 $1,800.00
ST-28 Catchbasin Inlet Protection & Maintained (Street) EA $100.00 40 $4,000.00
ST-29 4" PVC Slotted Drain Tile (Fittings Incidental) -Streets LF $8.00 2,364 $18,912.00
ST-30 4" Drain Tile Clean Out EA $75.00 24 $1,800.00
ST-31 Plug Stub/Opening EA $500.00 2 $1,000.00
Total Storm Sewer Estimate Amount $440,534.31
Bid Estimate
Section B2 - Watermain - Entrance Road
Bid Estimate
Section C1 - Storm Sewer - 1st Phase
Item # Contract Item Unit Unit Price Quantity Amount
ST2-1 12" RCP Class 5 LF $28.00 26 $728.00
ST2-2 15" RCP Class 5 LF $29.00 562 $16,298.00
ST2-3 18" RCP Class 5 LF $31.50 52 $1,638.00
ST2-4 21" RCP Class 4 LF $34.00 205 $6,970.00
ST2-5 21" FES w/Trash Guard EA $1,200.00 1 $1,200.00
ST2-6 36" x 24" Catch Basin EA $1,551.00 2 $3,102.00
ST2-7 48" Catch Basin Manhole (0'-10' Depth) EA $2,704.00 4 $10,816.00
ST2-8 48" Manhole (0'-10' Depth) EA $2,650.00 2 $5,300.00
ST2-9 RIP RAP Class III CY $75.00 7 $532.50
ST2-10 Catchbasin Inlet Protection & Maintained (Street) EA $100.00 6 $600.00
ST2-11 Connect to Existing EA $300.00 1 $300.00
Total Storm Sewer Estimate Amount $47,484.50
Item # Contract Item Unit Unit Price Quantity Amount
ST3-1 15" RCP Class 5 LF $29.00 704 $20,416.00
ST3-2 18" RCP Class 5 LF $31.50 135 $4,252.50
ST3-3 36" RCP Class 3 LF $67.50 237 $15,997.50
ST3-4 54" RCP Class 3 LF $150.00 93 $13,950.00
ST3-5 15" FES w/Trash Guard EA $800.00 1 $800.00
ST3-6 54" FES w/Trash Guard EA $3,250.00 1 $3,250.00
ST3-7 48" Catch Basin Manhole (0'-10' Depth) EA $2,704.00 3 $8,112.00
ST3-8 48" Manhole (0'-10' Depth) EA $2,650.00 1 $2,650.00
ST3-9 60" Catch Basin Manhole (0'-10' Depth) EA $4,126.00 1 $4,126.00
ST3-10 60" Manhole Extra Depth VF $154.00 9.1 $1,401.40
ST3-11 78" Catch Basin Manhole (0'-10' Depth) EA $6,324.00 1 $6,324.00
ST3-12 78" Manhole Extra Depth VF $291.00 4.8 $1,382.25
ST3-13 84" Catch Basin Manhole (0'-10' Depth) EA $6,661.00 1 $6,661.00
ST3-14 84" Manhole (0'-10' Depth) EA $6,511.00 1 $6,511.00
ST3-15 84" Manhole Extra Depth VF $325.00 9.9 $3,217.50
ST3-16 48" Pond Control Structure EA $4,100.00 1 $4,100.00
ST3-17 RIP RAP Class III CY $75.00 25 $1,875.00
ST3-18 Catchbasin Inlet Protection & Maintained (Grass) EA $200.00 3 $600.00
ST3-19 Catchbasin Inlet Protection & Maintained (Street) EA $100.00 3 $300.00
Total Storm Sewer Estimate Amount $105,926.15
Section C2 - Storm Sewer - Entrance Road
Bid Estimate
Section C3 - Storm Sewer - Basin 3N Outlet
Bid Estimate
Item # Contract Item Unit Unit Price Quantity Amount
RD-1 Mobilization EA $37,778.00 2.00 $75,556.00
RD-2 Subgrade Preparation SY $0.95 24,801 $23,560.95
RD-3 12" Select Granular Borrow (MnDOT 3149.2B) SY $6.18 24,584 $151,929.12
RD-4 Additional 12" Select Granular Borrow (MnDOT 3149.2B) SY $5.23 0 $0.00
RD-5 Additional Geotextile Fabric (xxx) SY $1.75 0 $0.00
RD-6 Additional Subcut Street for Additional Street Section CY $2.80 0 $0.00
RD-7 6" Class 5 100% Crushed Stone Aggregate (MnDOT 3138) SY $4.25 21,065 $89,526.25
RD-8 2" Non-Wearing Bit Base (MnDOT 2360) SY $7.20 16,284 $117,244.80
RD-9 Tack Coat (MnDOT 2357) GL $2.05 950 $1,947.50
RD-10 2" Bit Wearing Course (MnDOT 2360) SY $7.70 16,284 $125,386.80
RD-11 ACCESS DRIVE Subgrade Preparation SY $0.95 1,004 $953.80
RD-12 ACCESS DRIVE 12" Select Granular Borrow (MnDOT 3149.2B) SY $6.18 950 $5,871.00
RD-13 ACCESS DRIVE 6" Class 5 100% Crushed Stone Aggregate (MnD SY $4.25 895 $3,803.75
RD-14 ACCESS DRIVE 2" Non-Wearing Bit Base (MnDOT 2360) SY $7.20 841 $6,055.20
RD-15 ACCESS DRIVE Tack Coat (MnDOT 2357) GL $2.05 42 $86.10
RD-16 ACCESS DRIVE 2" Bit Wearing Course (MnDOT 2360) SY $7.70 841 $6,475.70
RD-17 Concrete Mountable Curb & Gutter LF $10.55 6,648 $70,136.40
RD-18 Concrete B618 Curb & Gutter LF $10.55 6,955 $73,375.25
RD-19 Adjust Gate Valve Box EA $115.00 14 $1,610.00
RD-20 Adjust Catch Basin Casting EA $115.00 44 $5,060.00
RD-21 Adjust Manhole Casting EA $425.00 28 $11,900.00
RD-22 Backfill Curb & Gutter and Grade Boulevard LF $1.30 13,603 $17,683.90
RD-23 Sod 3' Behind Back of Curb SY $3.70 4,534 $16,775.80
RD-24 Install Bituminous Wedge LF $3.85 13,603 $52,371.55
RD-25 Remove Bituminous Wedge LF $1.90 13,603 $25,845.70
RD-26 3-4" PVC Conduit X-ing EA $1,068.00 10 $10,680.00
RD-27 5" Concrete Sidewalk w/ 4" Select Granular Base SY $35.00 2,452 $85,820.00
RD-28 Ped Ramp EA $797.00 32 $25,504.00
RD-29 2 1/4" Trail Bituminous (Main Site) SY $11.00 6,457 $71,027.00
RD-30 8" Trail Class 5 (Main Site) SY $6.20 7,217 $44,745.40
RD-31 3" Trail Bituminous (C.R.-17 R/W) SY $16.50 533 $8,794.50
RD-32 8" Trail Class 5 (C.R.-17 R/W) SY $6.20 596 $3,695.20
RD-33 Street Name Signs (Plates) EA $330.00 10 $3,300.00
RD-34 Stop Signs (R1-1) EA $280.00 4 $1,120.00
RD-35 No Parking Signs (R8-3A) EA $150.00 17 $2,550.00
RD-36 Keep Right Signs (R4-7) & (X4-2) EA $150.00 1 $150.00
RD-37 Type 3 Barricades w/ Future Street Sign EA $306.00 10 $3,060.00
RD-38 Structure Markers EA $77.00 12 $924.00
RD-39 Wetland Buffer /Conservation Area Signs EA $77.00 10 $770.00
Total Street Estimate Amount $1,145,295.67
Bid Estimate
Section D1 - Streets - 1st Phase
Item # Contract Item Unit Unit Price Quantity Amount
RD2-1 Mobilization EA $4,718.00 2.00 $9,436.00
RD2-2 Subgrade Preparation SY $0.95 2,632 $2,500.40
RD2-3 12" Select Granular Borrow (MnDOT 3149.2B) SY $6.18 2,554 $15,783.72
RD2-4 Additional 12" Select Granular Borrow (MnDOT 3149.2B) SY $5.23 2,432 $12,719.36
RD2-5 Additional Geotextile Fabric (xxx) SY $1.75 2,432 $4,256.00
RD-6 Additional Subcut Street for Additional Street Section CY $2.80 811 $2,270.80
RD2-4 6" Class 5 100% Crushed Stone Aggregate (MnDOT 3138) SY $4.25 2,477 $10,527.25
RD2-5 2" Non-Wearing Bit Base (MnDOT 2360) SY $7.20 2,034 $14,644.80
RD2-6 Tack Coat (MnDOT 2357) GL $2.05 136 $278.80
RD2-7 2" Bit Wearing Course (MnDOT 2360) SY $7.70 2,034 $15,661.80
RD2-8 Concrete B618 Curb & Gutter LF $10.55 1,350 $14,242.50
RD2-9 Adjust Gate Valve Box EA $115.00 5 $575.00
RD2-10 Adjust Catch Basin Casting EA $115.00 6 $690.00
RD2-11 Adjust Manhole Casting EA $425.00 4 $1,700.00
RD2-12 Backfill Curb & Gutter and Grade Boulevard LF $1.30 1,350 $1,755.00
RD2-13 Sod 3' Behind Back of Curb SY $3.70 450 $1,665.00
RD2-14 Install Bituminous Wedge LF $3.85 1,350 $5,197.50
RD2-15 Remove Bituminous Wedge LF $1.90 1,350 $2,565.00
RD2-16 3-4" PVC Conduit X-ing EA $1,068.00 2 $2,136.00
RD2-17 Ped Ramp EA $797.00 2 $1,594.00
RD2-18 2 1/4" Trail Bituminous (Entrance) SY $11.00 631 $6,941.00
RD2-19 8" Trail Class 5 (Entrance) SY $7.95 6,364 $50,593.80
RD2-20 Street Name Signs (Plates) EA $330.00 4 $1,320.00
RD2-21 Stop Signs EA $280.00 2 $560.00
RD2-22 Bituminous Milled Lap Joint LF $10.00 78 $780.00
Total Street Estimate Amount $180,393.73
Total Sanitary Sewer Estimate Amount $310,409.95
Total Watermain Estimate Amount $354,094.50
Total Storm Sewer Estimate Amount $440,534.31
Total Street Estimate Amount $1,145,295.67
TOTAL AMOUNT $2,250,334.43
$1,105,038.76
Utility and Streets Per Lot @ 60 Lots $37,505.57
Total Sanitary Sewer Estimate Amount $33,053.20
Total Watermain Estimate Amount $51,250.50
Total Storm Sewer Estimate Amount $47,484.50
Total Street Estimate Amount $180,393.73
TOTAL AMOUNT $312,181.93
$131,788.20
GRAND TOTAL AMOUNT $2,562,516.36
$1,236,826.96
Utility and Streets Per Lot @ 60 Lots $42,708.61
Total Entrance Road Utility Amount
Grand Total Utility Amount
Entrance Road
Section D2 - Streets - Entrance Road STA: -5+50 to 1+94.17
Bid Estimate
1st Phase
Total Phase 1 Utility Amount
MAYOR AND COUNCIL COMMUNICATION
DATE: 12-1-15
REGULAR
ITEM #: 11
MOTION
AGENDA ITEM: Tana Ridge Park sign
SUBMITTED BY: Julie Fliflet
THROUGH: Clark Schroeder
REVIEWED BY: Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT NO POLICY BEING SET BY THIS AGENDA ITEM
SUMMARY AND ACTION REQUESTED: A few citizens offered opinions as to the placement and
size of a new sign that was put up in a small park on the north end of The Fields of Lake Elmo directing
fellow citizens to a connected park which is Tana Ridge Park. Council member Fliflet requested that this
be brought before the council for discussion.
BACKGROUND AND STAFF REPORT:
This sign was part of a large resigning of all the city parks signs. These signs were approved by
parks commission in April of 2014, and approved by City council on 4/23/14
http://www.lakeelmo.org/wp-content/uploads/2014/01/City-Council-Minutes-04-23-14-
Approved.pdf
Total cost ended up being around $34,000 for the works with Parks staff installing them in all the
parks. One sign costs around $2150, plus staff time to assemble and install. These signs where
requested by the Parks Commission, who approved the size and design.
This sign as with all park signs, are on city owned property and I do not believe the HOA was
consulted as to the placement of the sign in the city park.
It is not in concrete, and could be moved if that would help with the visibility issue.
The attached gives current dimensions and two proposed sizes for consideration. One is to just
take the current sign, and cut the bottom off and bring the “Hours’ and “Ballfield, Playset,
Soccer” subsigns up to minimize the overall perception for the sign. Another option is to pay for
a new sign around the same price with smaller dimensions both in height and width. Another
option is to move the sign to another location.
RECOMMENDATION:
Staff recommends that the city council direct the Parks Commission to review the
placement and size of this sign titled “Tana Ridge Park”.
ATTACHMENT(S):
Tana Ridge Park signs.
Location map for Tana Ridge Park Sign
MAYOR AND COUNCIL COMMUNICATION
DATE: 12/1/15
REGULAR
ITEM #: 12
MOTION
AGENDA ITEM: Charter and Roster for the Environmental Committee
SUBMITTED BY: Julie Fliflet
THROUGH: Clark Schroeder
REVIEWED BY: Julie Johnson
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT ADOPTING CHARTER AND ROSTER FOR ENVIRONMNETAL
COMMITTEE
SUMMARY AND ACTION REQUESTED:
A committee is being formed that will seek to improve the environment in Lake Elmo. This committee
will act as a liaison between the community, regulatory agencies, private businesses, city staff and city
council.
RECOMMENDATION:
Staff recommends the City Council … take the following action / with the following motion:
“Move to adopt the charter and roster for the environmental committee”
ATTACHMENT(S): Environmental Committee Charter
Environmental Committee
Operating Policies & Procedures
Scope & Purpose: The committee will seek to improve the environment in Lake Elmo, and will act as a liaison
between the community, regulatory agencies, private businesses, city staff, and city council.
Committee Activities:
A. The committee will advise and make recommendations to the city council on matters pertaining to:
• storm water run-off and storm water management
• water quality improvements
• wetland conservation and management
• solid waste and recycling
• air quality
• ground and drinking water
• tree preservation
• energy conservation
• other environmental issues
B. The committee will advise and make recommendations to the city council on issues stemming from
data released by the following agencies:
• Environmental Protection Agency (EPA) such as Toxic Release Inventory Data
• Minnesota Pollution Control Agency (MPCA)
• Minnesota Department of Health (MDH)
• Minnesota Department of Natural Resources (MDNR)
• Other Federal/State agencies addressing environmental issues
C. The committee seeks to ensure Lake Elmo retains status as a Minnesota Green Step City and Tree City
USA.
D. The committee will publicly recognize residential and business property owners who have
demonstrated proactive initiatives to protect the environment and/or save energy.
E. The committee will sponsor community events having an environmental focus (including those that
will satisfy application criteria for a Washington County recycling grant).
Meeting Schedule: The Environmental Committee will meet once per month (day and time TBD).
Committee Composition: Not more than (2) City Council Members along with Lake Elmo Residents who
have an interest in environmental issues. Citizen members will serve by
appointment of the City Council.
Submitted: November 18, 2015
Lake Elmo Environmental Committee Roster
Julie Fliflet Jill Lundgren
City Council Representative City Council Representative
jfliflet@lakeelmo.org jlundgren@lakeelmo.org
651-439-2171 651-261-4493
4577 Lily Ave S 8282 Hidden Bay Ct N
Mary Florence Brink Dave Bucheck
New home is certified LEED, EnergyStar, GreenStar, Indoor AirPLUS and President of Valley Branch Watershed District
DOW Zero Energy Ready Home-focus is sustainable building & energy djbucheck@yahoo.com
mfbrink@aol.com 651-770-1730
651-779-4123 2301 Legion Ave
4719 Olsen Lake Trail
Tedi Carlson Brett Emmons
interested in environmental issues PR, ENV SP, LEED AP
tedicarlson@gmail.com bemmons@eorinc.com
651-777-6696 651-303-2008
8735 27th St 3280 Klondike Ave N
Wendy Griffin Sarah Hietpas
Natural Resource Specialist for Washington Conservation District interested in environmental issues
wendy.griffin@mnwcd.org samarie2000@hotmail.com
651-777-7356 651-802-4123
2835 Lake Elmo Ave 3704 Kindred Ct N
Jim Kelly Deb Krueger
Manager in the Environmental Hlth Division of MDH Tree Farm Owners and interested in environmental issues
jekelly8@comcast.net ndkrueger@msn.com
651-779-4034 651-439-9186
2902 Lisbon Ave N 4452 Lake Elmo Ave N
Ellen Neuenfeldt Jennifer Pelletier
interested in environmental issues interested in environmental issues
esneuenfeldt1@mmm.com jenniferpelletier@comcast.net
651-216-3037 651-275-1218
2846 Lisbon Ave N 4884 Lily Ave N
Dave Prince Jeff Riegle
environmental lawyer Environmental Engineering Degree - PE, LEED AP, REP, CO
jdavidprince@gmail.com jeffriegle@hotmail.com
651-442-4314 651-747-7865
9771 51st St N 2773 Inwood Ave N
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
CONSENT
ITEM # 13
AGENDA ITEM: City Administrator Search
SUBMITTED BY: Julie Johnson, City Clerk
THROUGH: Julie Johnson, City Clerk
REVIEWED BY: Julie Johnson, City Clerk
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item ..................................................................................... Staff
- Report/Presentation…………………………………………………………Staff
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Staff
FISCAL IMPACT: $450 for advertising on the ICMA website and newsletter.
SUMMARY AND ACTION REQUESTED: The contract with the Interim City Administrator was signed on July 21, 2015 and is effective “until such time as a regular City Administrator is appointed, which is anticipated to be no longer than 6 (six) months.” The City Council has
elected to move forward at this time with a search for a permanent City Administrator. The City
Clerk has been instructed to post an advertisement on the LMC and ICMA websites for
recruitment of candidates. An ad is attached for Council approval that will direct candidates to the City’s website for the full posting with the City Ordinance detailing the duties of the City Administrator position. A letter to candidates outlining the process is also attached with the
supplemental questions that were used in the process for selecting an Interim Administrator.
Once finalists are identified, the Washington County Sheriff’s Office would be asked to conduct
criminal background checks and the Council may choose to instruct the City Clerk or another individual to contact references and provide that information to the Council for review.
City Council Meeting [Regular Agenda Item 13]
December 1, 2015
-- page 2 --
A salary survey for City Administrator positions provided by the League of Minnesota Cities
using data from cities with populations 25% smaller and 25% larger than Lake Elmo was used to
arrive at a suggested salary range of $100,000 to $105,000.
It is likely that this process will extend past the six month time frame stated in the Interim
Administrator’s contract. Mr. Schroeder has indicated his willingness to continue in his current
capacity as Interim Administrator for the City until such time as a permanent Administrator is
hired. Therefore, the position posting has been drafted with a 30 time frame for applicants to
apply. 30 days is a typical response time for a position at this level, and with the upcoming holiday season, it is advisable to allow sufficient time for applicants to respond.
BACKGROUND INFORMATION: At the November 17, 2015 City Council meeting, the City
Council directed the City Clerk to post the position opening for City Administrator on the LMC
and ICMA websites. Additionally, the City Council directed staff to use a professional firm for conducting background checks on the candidates.
RECOMMENDATION: Authorize City Clerk to post the attached advertisement for a City
Administrator; and discuss the process and timeline to be used for screening applicants for
interviews and hiring.
“Motion to authorize the City Clerk to post the position on the LMC and ICMA websites with a salary range of $100,000 - $105,000 and a closing date of January 4, 2016 for
applications.”
Attachments:
City Administrator Job Posting
City Administrator Ordinance
Letter to Applicants
Consent for Release of Information
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
Job Title: City Administrator
Open: December 2, 2015
Close: January 4, 2016
Salary: $100,00 - $105,000 per year
City: Lake Elmo
The City of Lake Elmo is seeking applicants for the full-time, exempt position of City
Administrator with an annual starting salary of $100,00 - $105,000. Position is responsible for
supervision and management of all departments within the City of Lake Elmo through proper
administration of City policies. Minimum qualifications: Bachelor’s Degree, with a Master’s
Degree preferred, and experience in a senior management position. Desirable qualifications:
experience in financial management, human resources, economic development, growth planning,
governance, and community involvement.
Please go to www.lakeelmo.org for additional information and full job posting.
Closing Date: January 4, 2016 Send cover letter, resume, city application and references to: City of Lake Elmo Julie Johnson, City Clerk
3800 Laverne Avenue North Lake Elmo, MN 55042
jjohnson@lakeelmo.org
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
Dear Applicant:
Thank you for your interest in applying for the position of City Administrator for the City of Lake Elmo, MN.
Please find below additional information on the selection process/timeline, as well as a checklist of information
requested for your continued consideration for this position.
Selection Process/Timeline - The City Council of the City of Lake Elmo, MN will meet in early January, 2016
to review applications received from candidates interested in the position of Lake Elmo City Administrator. It is
anticipated that the City Council will determine expectations for a start date, salary, and duties, as well as undertake one of the following courses of actions:
• Select one or more candidates as Finalist(s) for the position of City Administrator and direct appropriate
reference and employment checks, as well as possible interviews; or
• Proceed in another direction with respect to addressing the soon-to-be vacant position of City
Administrator.
Applicant Information - In preparation for the deliberations of the Lake Elmo City Council, and cognizant of
the short turn around for this application, we are requesting your submission of the following information in order to be considered for the position of City Administrator:
A current Résumé or Employment History
A short Letter of Introduction or Statement of interest
Response to the following information requests (may be included in the Letter): o Date of availability
o Salary or salary range expectation (monthly) o Minimum or maximum contract duration o Other contract considerations (authorization for flexible appointment, outside employment,
etc.)
Written answers to the Supplemental Questions
Contact information for three (3) professional References [note - References and Employers will not be contacted until after you have been selected as a Finalist and have authorized the City to proceed]
A signed Applicant Consent Form.
Please deliver or submit the requested information postmarked by 5:00 pm Monday, January 4, 2016 to the Lake
Elmo City Clerk, Julie Johnson. You may also email your application materials to jjohnson@lakeelmo.org I have also attached for your information the current City Code language for the Position of City Administrator.
Thank you again for your interest in the position of City Administrator.
Sincerely,
Julie Johnson
City Clerk
City of Lake Elmo
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
LAKE ELMO CITY ADMINISTRATOR SUPPLEMENTAL QUESTIONS
Please include responses to these questions in your letter of interest.
1. What interests you in the position of City Administrator with the City of Lake Elmo?
2. How would you approach the role of City Administrator?
3. What experience have you had with conflict management, and how would you handle
the conflict that is currently prevalent in Lake Elmo?
4. Please describe your leadership and management style.
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
RELEASE AUTHORIZATION: APPLICANT
I, (please print name) _____, hereby authorize verification of any
information contained in the Application for Employment and/or supplemental materials I have
submitted in consideration for the position of City Administrator, as may be needed to be considered
for employment. I do, hereby authorize / do not authorize (circle one) public release of my name by
the City of Lake Elmo as an applicant for the position of City Administrator, and release the
City of Lake Elmo from any and all liability or claims for damage that may result from such.
Applicant’s Signature
________________________________
Date
Lake Elmo, MN Code of Ordinances
CITY ADMINISTRATOR
§ 31.25 APPOINTMENT.
(A) The office and position of City Administrator is continued within the city.
(B) The City Administrator shall be appointed by the Council and shall serve for an indefinite term. The City Administrator shall be
chosen on the basis of executive and administrative qualifications, and shall have experience and knowledge in the area of government
or business administration.
(1997 Code, § 200.02)
§ 31.26 CONTRACT.
The city may enter into an employment agreement as it deems necessary to further the purposes of this section.
(1997 Code, § 200.02)
§ 31.27 PRIMARY OBJECTIVE OF POSITION.
The Administrator shall be the chief administrative officer for the city and shall:
(A) Plan and direct the administration of city functions as delegated by the Council to ensure efficient municipal services and
development in line with Council objectives, city ordinances, and state law;
(B) Advise the Council regarding the impact of policy decisions and to represent the interest of the city in manners before other
governmental agencies as delegated by the Council;
(C) Supervise and manage the administration of all departments within the city. Operate with considerable discretion in normal
administration functions and in implementing policies of the Council. Responsible for effectively recommending policies, employee
staffing, budgets, code modifications, and public communications where Council action is required; and
(D) Advise Council in matters concerning planning, including but not limited to zoning, platting, variances, shoreline permitting,
conditional use permits, and subdivisions.
(1997 Code, § 200.02)
§ 31.28 MAJOR AREAS OF ACCOUNTABILITY AND RESPONSIBILITY.
(A) Serves as chief administrative officer of the city, and is responsible to the Council for the proper administration of all the
policies of the city;
(B) Knows and understands the code and its proper application to specific issues and sees that all laws and ordinances are fully
and properly enforced;
(C) Supervises and manages the administration of all departments, offices, and divisions of the city except as otherwise provided by
law and carried out any other responsibilities placed under Administrator's jurisdiction by ordinance or by subsequent Council action;
(D) Recommends from time to time the adoption of the measures as may be deemed necessary or expedient for health, safety, and
welfare of the community or for the improvement of the administration;
(E) Works with city commissions coordinating their activities with elected city officials and presenting commission
recommendations to the Council;
(F) Stays abreast of developments in the public administrative field and cooperates with governmental units and on matters of
mutual interest;
(G) Supervises and manages the conduct of local elections in accordance with the prescribed laws and regulations;
(H) Relieves the Council members of as much administrative detail, inquiry, and the like as possible so they may devote more of
their time to the policy-making responsibilities of their position;
(I) Coordinates the work of the city's appointed attorney and consulting engineer; and
(J) Performs the other duties as may be required by the Council.
(1997 Code, § 200.02)
§ 31.29 PERSONNEL.
(A) Acts as personnel officer, and is responsible for implementation of city personnel policies with the authority to effectively
recommend employment, discipline, or removal of city employees for Council action;
(B) Develops and issues all administrative rules, regulations, and procedures necessary to ensure the proper functioning of all city
departments, offices, and divisions as permitted by law and Council approval; and
(C) Prepares and updates job descriptions for all city employees and conducts job performance reviews with employees every 6
months. Reviews all department requests for overtime hours and accepts or rejects them based on needs and budget constraints.
Reviews employee time cards on a regular basis.
(1997 Code, § 200.02)
§ 31.30 BUDGET.
(A) Supervises and manages the preparation of, and submits, an annual budget to the Council prior to September 1, and keeps the
Council advised of the financial condition of the individual departments making recommendations as may, from time to time, be
determined desirable and necessary;
(B) Supervises and manages the effective utilization of city assets and recommends additions or changes to the Council;
(C) Ensures effective management of financial assets. Works with the City Finance Director to ensure favorable investment of
available funds, effective and proper accounting practices, appropriate insurance coverage, and effective financial planning;
(D) Keeps the Council advised as to the future needs of the city and makes recommendations to the Council in a 5-year Capital
Improvement Program reviewed and updated annual; and
(E) Maintains familiarity with alternate and supplemental sources of revenue, including federal and state aids, loans, grants, and
other sources of revenue, and submits recommendations to the Council for actions necessary to take advantage of the sources.
(1997 Code, § 200.02)
§ 31.31 MEETINGS.
(A) The Administrator attends and participates in discussion at all meetings of the Council and other official city bodies; also
represents the city at all official or semi-official functions as may be directed by the Council; coordinates meetings and represents the
Council as directed with other governmental agencies and associations. The Administrator is responsible for public notification of all
regular and special meetings of the Council and is responsible for agenda preparation and Council meeting procedures. The
Administrator is responsible for notification of public hearings.
(B) The Administrator works closely with the Council, including performing research on agenda items and other Council requests,
attending meetings to report on city affairs and problems, presenting recommendations concerning policies and objectives as well as
specific actions, participating in discussions as appropriate of all significant matters. Presents all items which required Council action
or approval.
(C) The Administrator prepares agendas for Council meetings and provides supporting data.
(1997 Code, § 200.02)
§ 31.32 PURCHASING.
The Administrator supervises all purchases made by the city in accordance with a Council-approved purchasing policy and shall
enter into contracts for previously budgeted and Council-approved purchases. The Administrator shall supervise the solicitation of
sealed bids, including public notices, on all purchases when required to do so by state law or the city's purchasing policy.
(1997 Code, § 200.02)
§ 31.33 USUAL AND UNUSUAL WORKING CONDITIONS.
The Administrator shall:
(A) Work a 40-hour week or equivalent;
(B) Attend Council meetings in evenings; and
(C) Attend any other evening meetings as needed.
(1997 Code, § 200.02)
§ 31.34 EXAMPLES OF PERFORMANCE CRITERIA.
The performance criteria of the City Administrator shall include, but not be limited to, the following:
(A) Policies and programs of the city are readily understood and administered by city personnel;
(B) Department heads reporting are consistently performing at a maximum level of productivity in carrying out the policies of the
Council and the City Administrator;
(C) Clear and effective communication lines are consistently maintained throughout city organization; and/or
(D) The city consistently maintains a positive and high reputation for service among the citizens.
(1997 Code, § 200.02)
MAYOR AND COUNCIL COMMUNICATION
DATE: 12/1/15
REGULAR
ITEM #:
MOTION
AGENDA ITEM: RFP for City of Lake Elmo Legal Services
SUBMITTED BY: Jill Lundgren
THROUGH: Clark Schroeder
REVIEWED BY: Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT POLICY BEING SET IS REQUEST OF RFP FOR LEGAL
SERVICES
SUMMARY AND ACTION REQUESTED: Council Member Lundgren requested agenda item “RFP
for legal services for the city”
BACKGROUND AND STAFF REPORT: Staff has obtained a template of a RFP for city legal
services. If Council so directs staff, they will fill it out, send it out, and advertise for city legal services.
If city council votes to solicit RFP’s, staff would send out and advertise on December 2-3rd, RFP’s would
be due on the 14th, council review on the 15th, interviews the 21st – 30th, and appointment of City
Attorney on 1/5/16.
RECOMMENDATION:
The City Administrator recommends retaining the current City Attorney.
ATTACHMENT(S):
RFP legal services
City of Lake Elmo MN Request for Proposals for Legal Services
I. PURPOSE The City of Lake Elmo is requesting proposals for legal services from firms experienced
in municipal law and representation of municipal clients. Firms may choose to be
considered for either or both of the following services:
● City Attorney ● Prosecuting Attorney
II. BACKGROUND
The City of Lake Elmo is located in Washington County. Growth and development for the City is projected over the next several years based on recent approvals to the City’s
Comprehensive Plan that permits the introduction of municipal services for a portion of
the community. The current population is approximately 8,200. The City operates under
a statutory form of government consisting of a four member City Council and a Mayor.
The City Council is responsible for adopting the City’s budget and tax levy, adopting resolutions and ordinances, all hiring and firing decisions, policy making, development
and growth planning, and overall direction of the City. In addition to providing general
government services, the City offers a full range of other services including fire
protection, building and other safety inspections, planning and zoning, parks, street
maintenance, snow removal, infrastructure maintenance and repair, and others. The City provides limited municipal water and sewer services that will be expanded in the coming
years.
III. PROCESS
The City will use the following process for selecting Legal Service Providers:
1. The City Council will select the firm or firms it believes would best meet the
City’s needs.
2. Pending a mutually agreeable contract arrangement, the City Council will
appoint the firm or firms selected to provide the services indicated. IV. GENERAL INSTRUCTIONS
A. Responses must provide complete information as described in this request. Ten
7 copies shall be submitted no later than 3:00 PM on December 14th 2015 Please forward proposals to:
City Administrator
City of Lake Elmo
3800 Laverne Ave N.
Lake Elmo, MN 55042
B. To ensure fairness and uniformity, firms submitting responses are requested to
not contact City staff or City Council members. Written questions about this RFP may be
sent by e-mail to cschroeder@lakeelmo.org prior to the submission deadline. Responses
will be shared with all interested responders to the RFP.
C. The City will not reimburse any expenses incurred by the firm submitting a
response including, but not limited to, expenses associated with the preparation
and submission of the response and/or attendance at interviews.
D. The City reserves the right to reject any and all proposals, to request additional information from any and all Proposers and to suggest modifications to the
terms and conditions of an agreement from that offered by a Proposer.
V. REQUIRED CONTENTS OF RESPONSE
A. Firms shall indicate which of the two legal services (City Attorney and/or
Prosecuting Attorney) for which they wish to be considered. All proposals, one for City
Attorney Services and one for City Prosecution Services shall not exceed 20 pages in
length and provide, at a minimum, details for the following.
B. Firm Background:
1. Brief history of firm including nature of the firm’s practice.
2. Number of attorneys, including number of partners and associates and areas of
specialty.
3. Provide the overall capabilities, qualifications, training, and areas of expertise for each of the principals, partners, and associates of the law firm including the
length of employment for each person and his/her area of specialization.
4. Support personnel including number and expertise.
5. Office organization and support capabilities.
6. Office locations(s). 7. Current use of technology, especially capability for computerized legal
research and for sharing and editing documents electronically.
8. Statements of any malpractice claims and/or ethics complaints taken against
your firm or firm’s attorney(s) over the last five years and the status or outcomes
of such action. Indicate whether any action is pending or is currently under review by the State Ethics Board.
9. Statement of 2014 billings for municipal work as a percentage of total 2014
billings.
10. Describe malpractice insurance coverage: carrier, limits, and exemptions.
11. Statement of compliance with federal and state laws respecting civil rights.
C. Attorney Qualifications:
1. Identify the specific attorney who will serve as the lead attorney for each of the
legal services you have expressed interest in providing, and indicate the following:
● Academic training and degrees
● Year admitted to the Minnesota Bar Association and License Number
● Description of background and experience
● Description of prior municipal experience including cities served in a similar capacity
● List of litigation in communities where designated attorney served as lead
attorney and outcomes of litigation
● Professional affiliations
2. Identify attorney who will serve in the lead attorney’s absence, and provide
information as requested in No. 1 above.
3. Identify other attorneys and support staff who will supply services for which
the City will be charged.
4. Indicate current responsibilities of person designated to serve as lead attorney.
D. List cities you currently represent and the type of service provided.
E. List cities you began representing in the last three years and cities you stopped
representing in the last three years.
F. Names, telephone numbers, and contact person of at least five (5) client references, at
least two (2) of which shall be cities.
G. Describe the firm’s view of their responsibilities to the City in the providing of legal services.
H. Copy of Malpractice/liability Insurance Certificate in a minimum amount of
$1,500,000.
I. Conflict of Interest:
1. Indicate whether designated lead attorneys or the law firm represent, or have
represented, any client whose representation may conflict with your ability to
provide legal services to the City.
2. Indicate whether designated lead attorneys or the law firm currently represent any real estate developers. If so, please identify those companies or persons in
detail and provide a percentage breakdown of how much this work represents of
your firm’s total billings.
3. Identify what procedures your firm utilizes to identify and resolve conflicts of
interest.
J. City/City Attorney Relationship:
1. Describe how you would structure the working relationship between the City
Attorney and the City Council, City Administrator, Department Heads, and other staff members.
2. Define the standard time frames for response by the City Attorney to direction
and/or inquiry from the City Council or City Administrator.
3. Describe the systems or mechanisms that would be established for monthly
reporting of the status of projects, requests, and litigation.
K. Fees:
1. City Attorney-firms desiring to be considered for City Attorney services may
indicate a monthly retainer amount (if appropriate) and describe specific services
to be included within the retainer and any services that would be outside the retainer (refer to the list of services in Section VI.) For services outside the
retainer, indicate the hourly rate for City Attorney and other attorneys and support
staff that may be working on City business. Alternatively, firms may propose
hourly rates for all services.
2. City Prosecutor-firms interested in providing City Prosecutor services may
indicate a monthly retainer amount and describe specific services to be included
within the retainer and provide an hourly rate for the lead attorney and hourly
rates for other attorneys and staff that may be working on non-retainer City
business. Alternatively, firms may propose hourly rates for all services.
3. The City is open to exploring alternative fee arrangements other than the
retainer or hourly rate. Indicate any alternate billing arrangements you would be
willing to consider and under what circumstances they would be most appropriate.
4. Firms shall indicate all other costs and reimbursable expenses including travel
(per mile), telephone, printing, photocopying, etc.
5. Firms shall indicate the minimum increment of time billed for each service
including phone calls, correspondence, and personal conferences.
6. The City of Lake Elmo requests monthly billing statements which:
● Itemize the date of services
● Identify the personnel providing the services
● List the time spent ● Provide a detailed description of the services performed
● State the fees for those services
● Organize billing on the basis of activity and City contact
● For activities that span multiple billing periods, a project-to-date
summary is requested ● Summarize monthly and annual costs by type of activity
VI. LEGAL SERVICES REQUIREMENTS
Following are the primary responsibilities for each of the two legal service areas. While
this list is an attempt to identify the major areas of representation, it is not intended to be an all encompassing list.
City Attorney:
1. Attend City Council meetings and other City Board, Authority, Commission or
Committee meetings as requested by the City Council or City Administrator. 2. Draft and/or review ordinances, resolutions, and correspondence, as requested.
Review City Council agendas and meeting minutes as requested.
3. Advise and/or prepare legal opinions to the Mayor and Council members as
requested or directed by the City Council and/or City Administrator.
4. Prepare and/or review municipal contracts, such as contracts for public improvements, joint powers of agreements, construction, and purchase of
equipment.
5. Represent City in matters related to the enforcement of City building and
zoning codes.
6. Provide legal briefings as requested to City Council and/or City Administrator regarding new or proposed legislation or judicial decisions affecting municipal
operations and activities.
7. Provide advice on open meeting law, data practice, records retention and
privacy issues.
8. Defend City in litigation (except in those cases where insurance companies are required to provide defense) including, but not limited to, 1) human rights claims;
2) condemnation; 3) permits and administrative actions; and 4) labor and
employment matters.
9. Defend City in uninsured claims and other insurance matters.
10. In coordination with Bond Counsel, review of financing, special assessments, bonds and insurance requirements required by or for City contracts or activities.
11. Represent City in the acquisition of properties for public improvements,
easements, and parks.
12. Represent City in condemnation proceedings for public improvement projects.
13. Initiate litigation on behalf of City as directed by the City Council. 14. Interpret and advise regarding State land use statutes and City Code.
15. Interpret and advise regarding impact fees and legal uses.
16. Advise and represent the City on environmental matters.
17. Prepare and/or review the following:
a. Conditional Use Permits and Documentation b. Vacation of Rights-of-Way
c. Special Assessments
d. Planned Unit Developments
e. Development Agreements
f. Subdivision and Zoning Requests
18. The firm shall not subcontract out or assign any interest in the contract and
shall not transfer any interest in the same without prior written consent of the
City.
Prosecuting Attorney:
1. Represent and prosecute all criminal law matters within the City’s jurisdiction,
included but not limited to, scheduling, coordinating deputy appearances,
reviewing all criminal cases presented for purposes of prosecution, determine technical compliance with criminal code and other state statutes, writing
complaints, making recommendations to the Court for alternatives to prosecution
where appropriate, act as a resource to the Sheriff’s Department in the
development of criminal cases, and provide training sessions for enforcement
staff as needed. 2. Timely pursuit of disposition of criminal cases in advance of actual Court cases
to avoid unnecessary officer court time.
3. Aggressively seek restitution to the City for all relevant costs of prosecution.
VII. ANTICIPATED TIMELINE Following is the anticipated schedule the City Council expects to utilize for the review
and selection of a City Attorney and Prosecuting Attorney. This is a tentative schedule
and is subject to change.
1. Starting 12/2/15 Distribute RFP
2. 12/14/15 Deadline for receipts of RFP
3. 12/15/15 Review proposals and make arrangements for interviews.
4. 12/21-12/30 Interviews
5. 1/5/16 To City Council for appointment
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: 12/1/15
REGULAR
ITEM # 15
AGENDA ITEM: Arts Center Repairs
SUBMITTED BY: Clark Schroeder, Interim City Administrator
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Clark Schroeder, Interim City Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation…………………………………………City Administrator
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Interim City Administrator
FISCAL IMPACT: $25,000 to $35,000
SUMMARY AND ACTION REQUESTED: The building was inspected by our Building Official, Fire Chief, Parks Chairperson, and
Electrical inspector. Their report is attached to this packet. I will highlight that if this building is
going to be used as a public facility we should develop a budget to fix it up and bring it into compliance. In talking to Rick Chase Building Official, he said there are a number of different considerations to consider when considering uses for this building. According to the City
Engineer, the building is not planned for a service stub for sewer connection. A visual inspection
of the electrical system highlights repairs would be necessary to bring up to current code.
Furnace should be inspected/maintained before winter. Structural supports and repairs to the foundation should be done. The attachment lists a number of different areas which need to be addressed if the public is going to utilize this building. His guess without looking into it is that it
would take $25k to $35k to bring the building into compliance. The city could direct staff to
obtain firmer estimates on repairs in order to help guide their decision. If the city council wishes
City Council Meeting [Regular Agenda Item 15]
December 1, 2015
-- page 2 --
to create and maintain a community center repairs/maintenance/budget/contractors need to be
developed to create a safe compliant space.
RECOMMENDATION: Direct staff to obtain firm estimates on repairs for the Arts Building,
and hire out maintenance of the building.
To: Clark Schroeder
Scope: Building evaluation
Address: 3585 Laverne Ave N (Arts Building)
Date: September, 2015
City Staff was tasked with evaluating the Lake Elmo Arts Building, the comment below only
relate to visual observations made on site. The following comments are provided as a result of
site visits by the Electrical Inspector, Fire Chief, Building Official and the Parks Chairman Shane
Weis.
Well
The facility is currently served by City water, it is staff recommendation to verify the prior well
system for this site be evaluated to ensure the well was sealed in accordance with the
Minnesota well code. According to the Minnesota Department of health there is no well sealing
record on file, although there is a well disclosure certificate on file. See the attached well
disclosure certificate.
Septic
The structure is currently served by an existing septic system, it is recommended by staff the
current septic system be evaluated by a qualified technician in order to determine compliance
with Department of Health regulations in accordance with the intended use. Please note
according to Engineering the current downtown project does not include a service stub to this
property.
Electrical
A visual observation was completed by the Contract Electrical inspector of the dwelling area.
The following corrections/comments are:
1. Install the weather proof box by the rear entrance of the structure.
2. Repair/replace per code the exposed wire connection in the basement by the water
softener.
3. Lighting in hallways upstairs correct per code.
4. Exposed wiring in detached garage.
Due to some of the existing wiring methods and code requirements it is also recommended
all future electrical work be done under the required permits.
Dwelling plumbing recommendations:
1. Water leak- Kitchen sink.
2. Exterior garden hoses- Disconnect prior to winter.
Dwelling mechanical recommendations:
1. Furnace- replace dirty filter.
2. Have start up test/cleaning completed on furnace.
Foundation/structural:
1. CMU cracking- Visual observation of CMU cracking, a report from a design professional
with special knowledge should be completed to determine the suitable nature of the
foundation.
2. Main floor area- over addition (crawl space) has noticeable settling/shifting of main
floor a design professional with special knowledge can determine suitability of this area.
3. Exposed sump- pit located in old well room, the discharge pipe of this system requires
repair, and also the discharge location on the exterior should be located to discharge
away from the foundation on the exterior.
4. There is noticeable dampness in the basement area.
5. Structural column- Basement observed a high percentage of decay. Required to replace.
6. Floor joist- Notching of floor joist in basement required to be repaired.
Dwelling exterior recommendations:
1. Roof gutters- Area in gutters growing vegetation.
2. Siding- areas of decay.
3. Window frames- areas of decay.
4. Fireplace- If proposed to be in use a cleaning, and applicable codes standards should be
applied. (spark arrestor)
Dwelling interior:
1. Mold- visual areas observed.
2. Stairways- Guards and handrails not available in some areas.
3. Smoke detection- Not operational
4. Windows- The majority of windows are painted shut, to assist in emergency egress
these are required to be operational.
5. Storage- Material stored in front of windows 2nd floor.
6. Storage- Items stored in stair landing to basement.
7. Lead based paint- May be present in some areas.
*The attic area is not included in this evaluation due to access.* Access to one room upstairs
not available.
Existing fire alarm system & exit illumination/signage.
1. Verify system is operational as installed with qualified installer. It appears the last test
date was completed in 2010.
2. Emergency lighting and exit signage not operational. (3each).
Detached garage:
1. Overhead garage door- not operational.
2. Penetrations- Exterior wall penetrations seal.
3. Exterior walls- Areas of decay on corners, wall, and fascia.
At the time of this evaluation access to the interior of the garage was not available.
4. Bottom cord of truss damaged and deflecting.
Landscape:
1. Overgrowth of vegetation in some areas are negatively impacting the durability on the
exterior of the structure.
Deck
1. Visual observation of decking and guard from top side appear to be in serviceable
condition. The structural components underside were not accessible for inspection.
2. There is noticeable areas of deflection of the joist system from top side.
MAYOR AND COUNCIL COMMUNICATION
DATE: 12/1/15
REGULAR
ITEM #: 16
MOTION
AGENDA ITEM: LMC Mayors Handbook Appendix A
SUBMITTED BY: Mike Pearson and the LMC
THROUGH: Clark Schroeder
REVIEWED BY: Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT POLICY BEING SET IS FOR THE CITY TO ADOPT APPENDIX
A OF THE LEAGUE OF MINNESOTA CITIES MAYORS HANDBOOK APPENDIX A
SUMMARY AND ACTION REQUESTED: In working with the Leagues of Minnesota Cities (LMC)
and the Bureau of Mediation Services (BMS), it has been determined that due to some dysfunction
amongst the council it would be in the best interest of the city to adopt the LMC Mayors handbook.
BACKGROUND AND STAFF REPORT: At the request of the city council the BMS and LMC was
brought in to facilitate both individual and group meetings involving the city council, the city attorney,
and the interim city administrator. Throughout this process, city council meetings continued to have some
discord and the feeling was that a workgroup process of developing best practices might take an extended
period of time. After discussions with BMS and LMC, the staff recommendation is that the city council
adopt appendix A of the LMC Mayors Handbook. This appendix has a number of best practices which
have been instituted by a number of cities throughout Minnesota. Adopting the appendix in its entirety
will provide a comprehensive set of procedures to guide city operations as the council works through
current issues, which can then be modified if necessary in the future to reflect Lake Elmo’s specific
needs. The adaption of the Handbook would address the immediate need of addressing council relations
during meetings with an efficient and effective, proven approach. In addition, this would signal to the
community at large, that there is a desire by the whole council to address council relations and meeting
management.
RECOMMENDATION: “The Interim City Administrator recommends that the city council adopt
the Mayors Handbook appendix A in its entirety”
ATTACHMENT(S): LMC Mayors Handbook appendix A
MINNESOTA MAYORS HANDBOOK
50
Appendix A
Minnesota Mayors Association
City Council Bylaws
I.AUTHORITY.City councils are authorized to adopt rules of procedure and provide for order
at their meetings pursuant to Minn. Stat. § 412.191.
II.PURPOSE.The purpose of this policy on city council meetings is to set the groundwork for
orderly and respectful communications between and among councilmembers, city staff, and
citizens to promote the efficient working of the public’s business at city council meetings.
III.THE OPEN MEETING LAW.The Minnesota Open Meeting Law, Minn. Stat. ch. 13D,
generally requires that all meetings of public bodies be open to the public.
A. This presumption of openness serves three basic purposes:
1. To prohibit actions from being taken at a secret meeting, where it is impossible
for the interested public to become fully informed concerning decisions of public
bodies, or to detect improper influences.
2. To ensure the public’s right to be informed.
3. To afford the public an opportunity to present its views to the public body.
B. The city council views providing and encouraging citizen access to city meetings as
one of its most important duties. As a result, all council and council committee
meetings, including special and adjourned meetings, with the exception of closed
meetings, as provided by Minn. Stat. ch. 13D, shall be open to the public.
C. In calculating the number of days for providing notice under the Minnesota Open
Meeting Law, 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 following day is considered the last day (unless, it
happens to be a Saturday, Sunday, or legal holiday).
D. In keeping with the intent of the Minnesota Open Meeting Law, city councilmembers
shall not use any form of electronic communications technology, such as text
messaging or e-mail, to communicate with one another or third parties during a
public meeting in a manner that is hidden or shielded from the public view.
E. Pursuant to Minn. Stat. § 13D.01, subd. 6, at least one copy of the written materials
made available to 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.
MINNESOTA MAYORS HANDBOOK
51
IV.QUORUM.A simple majority (______) of the council shall constitute a quorum for the valid
transaction of any scheduled business to come before the council.
V.COUNCIL MEETINGS.
A.Location.All meetings, including special, recessed, and continued meetings, shall be
held in the city council chambers, unless otherwise designated, pursuant to Minn.
Stat. § 13D.04, subd. 2.
B.Regular meetings.A schedule of regular meetings shall be kept on file with the city
clerk.
C.Special meetings.A special meeting is a meeting that is held at a time or location
different from that of a regular meeting. A special meeting may be called by the
mayor or any two city councilmembers by filing a request for the meeting at least
three days before the meeting. Days shall be counted as provided in III-C. Notice to
the public of special meetings must be given pursuant to Minn. Stat. § 13D.04, subd.
2.
D.Emergency meetings.An emergency meeting may be called by the mayor or any two
city councilmembers. An emergency meeting is a special meeting called because of
circumstances that, in the judgment of the public body, require immediate
consideration by the public body. Posted or published notice of an emergency
meeting is not required. However, the city will make a good faith effort to notify each
news outlet that has filed a written request for notice. Notice must be given by
telephone or any other method to notify members of the public body. The notice must
include the subject of the meeting.
E.Closed meetings.The Minnesota Open Meeting Law allows some meetings to be
closed to the public for defined purposes. When a meeting is closed, the presiding
officer at the council meeting will state the reason for closing the meeting on the
record and cite the state statute that permits closure.
F.Recessed or continued meetings. When a meeting is recessed or continued, the
presiding officer shall state the time and place for the next meeting to occur pursuant
to Minn. Stat. § 13D.04, subd 4. The time and place shall be noted in the minutes. If
the time and place is stated and noted in the minutes, no additional notice of the
meeting is required. However, if the time and place is not stated, the notice
procedures for special meeting shall be required.
G.Organizational meetings.The council will conduct its organizational meeting
concurrent with the first regular council meeting in January of each year to:
1. Appoint an acting mayor pursuant to Minn. Stat. § 412.121.
2. Select an official newspaper pursuant to Minn. Stat. § 412.831.
3. Select an official depository for city funds. This must be done within 30 days
of the start of the city’s fiscal year pursuant to Minn. Stat. §§ 427.01-.02;
118A.02, subd 1; 427.09.
4. Review council’s bylaws and make any needed changes.
5. Assign committee duties to members.
6. Approve official bonds that have been filed with the clerk.
MINNESOTA MAYORS HANDBOOK
52
VI. PRESIDING OFFICER.The mayor shall preside at all meetings of the city council.
A.Role of the presiding officer. The presiding officer shall preserve order, enforce the City
Council Rules of Order and Procedure as adopted in VII, and determine, without debate,
all questions of procedure and order, subject to the final decision of the council on appeal
as provided in VI-D. 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.
B.Adjourning meetings. If considered necessary, because of grave disorder, the presiding
officer may adjourn or continue the meeting to another time or suspend the meeting for a
specified time.
C.Designation of a sergeant-at-arms. The presiding officer may request that local law
enforcement designate a member to serve as a sergeant-at-arms at city council meetings.
The sergeant-at-arms shall carry out all orders or instructions given by the presiding
officer for the purpose of maintaining order and decorum at meetings.
D.Motions and voting. The presiding officer may make motions, second motions, speak on
any questions, and vote on any matter properly before the council.
E.Absences of the presiding officer. In the absence of the mayor, the acting mayor shall
preside. In the absence of both the mayor and the acting mayor, the city
clerk/administrator shall call the meeting to order. The first order of business shall be to
select a presiding officer for the meeting from the members present. The city
clerk/administrator shall preside until the councilmembers present choose a member to
act as presiding officer.
F.Appeals of rulings 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.
1.Procedure for appeals.An appeal is made by motion. No second is need for
the motion. The member making the motion may speak once solely on the
question involved, and the presiding officer may speak once solely to explain
his or her ruling, but no other councilmember may participate in the
discussion.
2. Once both the maker of the motion and the presiding officer have spoken, the
matter must be voted upon by the council as a whole.
3. The appeal shall be sustained if it is approved by a majority of the members
present, exclusive of the presiding officer.
G.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.
In the alternative, the council may by majority vote designate a temporary presiding
officer to preside over the debate on a given matter. The presiding officer shall resume
presiding as soon as action on the matter is concluded.
VII. RULES OF ORDER AND PROCEDURE.The proceedings of the city council shall be
conducted in accordance with the Minnesota Mayors Association Rules of Order for City
Councils.
MINNESOTA MAYORS HANDBOOK
53
VIII.DECORUM OF COUNCILMEMBERS.
A.Aspirational statement: All councilmembers shall assist the presiding officer in
preserving order and decorum and in providing for the efficient operation of the meeting.
B.Aspirational statement:No councilmember shall engage in conduct which delays or
interrupts the proceedings or which hinders honest, respectful discussion and debate.
C.Aspirational statement:City council meetings shall be conducted in a courteous manner
that recognizes the validity of differing points of view and promotes the ideal of
democratic discussion and debate free of insult, slander, and personal attacks and threats.
D. To effectuate these aspirational goals, city councilmembers shall conduct themselves at
council meetings in a manner consistent with the following:
1. No councilmember 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.
2. No councilmember shall leave his or her seat or make any noise of
disturbance while a vote is being taken and until the result of the vote is
announced.
3. No councilmember shall use profane or obscene words or unparlimentary
language or use language that threatens harm or violence toward another
person during a council meeting.
4. No councilmember shall speak on any subject other than the subject in
debate.
5. No councilmember shall speak without being recognized by the chair;
nor shall any councilmember interrupt the speech of another
councilmember.
6. No councilmember shall disobey the City Council Rules of Order and
Procedure adopted in VII or a decision of the presiding officer on
questions of order or practice or upon the interpretation of the rules of
council.
7. No councilmember shall engage in disorderly conduct that disturbs or
disrupts the orderly conduct of any meeting.
IX. VOTING.
A. The votes of the city council will be taken by voice 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. Councilmembers may ask for a roll call of the vote by the clerk/administrator on any
motion or resolution.
D. The clerk/administrator may ask for a verification roll call if the vote of a councilmember
is not clear on the voice vote.
E. A majority vote of the quorum present shall be sufficient for all matters before the
council, unless otherwise provided by state law.
F. Whenever a matter is put forward for a vote, every councilmember shall vote, unless a
bona fide conflict of interest, as defined by state law, exists.
MINNESOTA MAYORS HANDBOOK
54
X. MEETING SCHEDULE.
A. Each meeting of the council shall convene at the time and place appointed. All public
hearings shall commence at the advertised time.
B. Council business shall be conducted in the order of the prepared agenda, unless an
alteration is approved by a majority of the council. The prepared agenda may also be
altered by the presiding officer to accommodate the advertised time of a public hearing.
C. The last item on the agenda will be commenced no later than _______ p.m.
D. If all business has not been completed, the meeting may be continued to another date and
time following the notice provisions in V-F.
XI. ORDER OF BUSINESS. The order of business for all council meetings shall be:
A. Call to order.
B. Call of roll.
C. Approval of minutes.
D. Public forum and correspondence.
E. Consent agenda.
F. Public hearings (when scheduled).
G. Acknowledgement of receipt of board/commission minutes (if any).
H. Board/commission/committee reports (if any).
I. Staff reports (if any).
J. New business.
K. Unfinished business.
L. Consideration of bills.
M. Adjournment.
XII. AGENDA.An agenda will be prepared for all regular council meetings by the city
clerk/administrator. Agenda items may be placed by city councilmembers and city staff.
Members of the public wishing to place items on the agenda shall be directed to the public
comment forum provided at the council meeting. When a special meeting is called, the
agenda 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.
A. All requests to place an item on the agenda must be received by the city
clerk/administrator by _______ a.m. ________ days prior to the next council meeting.
B. All requests to place an item on the agenda must be on the form prescribed by the city.
The form should be completed with the goal of clearly describing the subject matter to be
considered by council and any action requested or required. Supporting information may
be attached to the form as necessary.
C. All requests to place an item on the agenda by city staff must be reviewed by the city
administrator/clerk.
D. The agenda, along with information materials, will be mailed or delivered to all city
councilmembers and the city attorney at least _____ days prior to the next council
meeting.
MINNESOTA MAYORS HANDBOOK
55
XIII. CONSENT AGENDA. A consent agenda may be used to improve the efficiency of
meetings. The consent agenda allows council to consider several items at one time. Only one
motion is necessary to approve all items on the consent agenda.
A. Items that require findings of fact or an explanation of council actions, such as land use
matters and the consideration of license requests, should generally not be placed on the
consent agenda.
B. An item on the consent agenda may be removed from consideration by the request of any
one councilmember. Items removed from the consent agenda will be placed on the
regular agenda for discussion and consideration.
XIV. MINUTES. Minutes constitute a vital record of the city and are the best means of preserving
city council intent, findings of fact, and action. Pursuant to Minn. Stat. § 412.151, the city
clerk must keep a minute book.
A. The minutes shall contain at minimum:
1. The city councilmembers who are present.
2. Type of meeting (regular, special, continued, emergency).
3. Date and place the meeting was held.
4. Time the meeting was called to order.
5. Approval of minutes of the previous meeting, with any corrections.
6. The members who make or second motions.
7. Roll call vote on motions.
8. Subject matter of proposed resolutions or ordinances.
9. Whether the resolutions or ordinances are defeated or adopted.
10. The votes of each member, including the mayor.
11. A statement of findings of facts and an explanation of council action,
including specific reasons for approval and disapproval, 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. List of all transfers of funds.
MINNESOTA MAYORS HANDBOOK
56
15. Authorizations and directions to invest excess funds, and information on
investment redemptions and maturities.
16. Approval of minutes of the previous meeting, with any corrections.
17. Identity of parties to whom contracts were awarded.
18. Abstentions from voting due to a conflict, and the member’s name and
reason for abstention.
19. Appointments of representatives to committees or outside organizations.
20. Name and brief summary of subject matter of citizens appearing before
council during public comment period.
B. The minutes of each meeting shall be typed and signed by the clerk/administrator. Copies of
the minutes shall be included in the agenda for the next council meeting.
C. At the next regular meeting, approval of the previous meeting’s minutes shall be considered
by council.
1. The meeting minutes do not need to be read aloud.
2. The presiding officer shall call for any additions or corrections.
3. If there is no objection to an addition or 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 roll call vote.
5. Council shall take formal action by vote to approve the minutes
as distributed or as amended.
D. Minutes shall be published as required by Minn. Stat. §§ 412.191, 331A.08, subd. 3, 331A.01, subd 10.
XV. PUBLIC COMMENT AT COUNCIL MEETINGS AND AT PUBLIC HEARINGS
A.Public participation and comment at council meetings.City council meetings are the forum
for the city council to conduct the city’s business. While city council meetings are open to the
public pursuant to the Minnesota Open Meeting Law, they are not a forum for public
expression. As such, members of the public are not allowed to participate in council
discussion and debate without a specific invitation and/or formal recognition by the presiding
officer. Members of the public shall not applaud, engage in conversation, or engage in other
behavior through words or action that may disrupt the proceedings of council.
B.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 warning, if the conduct
continues, the presiding officer may ask the member of the public to leave the meeting room.
MINNESOTA MAYORS HANDBOOK
57
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 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.
C.Public comment period.A limited forum for members of the public to speak with the council
is provided on the agenda. Public comments during the public comment period are subject to
these limitations:
1. Speakers must be recognized by the presiding officer before speaking
and are limited to three 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 a name, address,
and brief summary of the subject matter 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 or threatening language, nor
conduct themselves in a threatening, loud, or boisterous manner that
disrupts the conduct of the meeting or the security of the public.
7. Speakers are required to follow the direction of the presiding officer.
8. Speakers 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 warning, if the conduct continues the presiding officer
may ask the speaker to leave. If the speaker refuses to follow the
direction of the presiding officer, the presiding officer may direct the
sergeant-at-arms to remove the speaker through any lawful means. In
emergency situations, or when 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 speaker.
9. 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
MINNESOTA MAYORS HANDBOOK
58
referred to staff for further research and possible report or action at a
future council meeting.
D. A summary of these rules for public comment may be provided in the council meeting room.
XVI. PUBLIC HEARINGS.Public hearings are sometimes required by law to allow the public to
offer input on city council decisions. 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.
A.General procedure for public hearings. The order of business for all public hearings
conducted by council shall be:
1.Opening comments by presiding officer announcing the purpose of the
public hearing.
2.Presiding officer opens the public hearing portion of the meeting.
3.Staff presentation (including clerk/administrator, attorney, engineering
reports if any).
4.Developer/other presentation (if any).
5.Public comments.
6.Reading of written comments.
7.Presiding officer formally closes the public hearing portion of the
meeting.
B. Speakers who wish to address the city council at a public hearing must follow the same
rules in XV. However, the presiding officer may allow additional time for speakers, as
required, to comply with applicable state law.
C. Speakers may also provide written comments to the city council before or at the meeting.
Written comments shall be read aloud by the presiding officer or his or her designee as
provided in XVI-A-6. Anonymous, unsigned communications will not be read.
D. The presiding officer may continue the hearing, if necessary, following the procedures in
V-F.
XVII. PROCEDURE FOR RESOLUTION AND ORDINANCE ADOPTION. All resolutions and
ordinances shall be in writing. Unless otherwise provided by law, all ordinances shall be
adopted by resolution by a majority vote of councilmembers present at the council meeting.
Unless otherwise provided by law, ordinances do not require multiple readings, and may be
adopted as presented at the first available meeting.
MINNESOTA MAYORS HANDBOOK
59
XVIII. BOARD, COMMISSION, AND COMMITTEE ASSIGNMENTS. All assignments of
councilmembers to serve on city boards, commissions, and committees shall be by a majority
vote of councilmembers present at the meeting, unless otherwise provided by law.
XIX.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 councilmembers present at the meeting where such proclamation is
presented for adoption.
XX. SEATING ASSIGNMENTS. Councilmembers shall occupy the chairs assigned to them by
the presiding officer, but two councilmembers may exchange seats by joining in a formal
request to the presiding officer.
XXI. SUSPENSION OR AMENDMENT OF THESE RULES.Any or all of these rules may be
temporarily suspended by a majority vote of the councilmembers present at the meeting,
except as otherwise required by Minnesota law. These rules shall not be repealed or amended
except by a majority vote of the whole council after notice has been given at a preceding
council meeting.
MINNESOTA MAYORS HANDBOOK
60
Agenda Request Form
Sample for use with Minnesota Mayors Association City Council Bylaws
Agenda Request Form
DATE SUBMITTED:
SUBMITTED BY:
DEPARTMENT:
ISSUE:
ATTACHMENTS:
JUSTIFICATION:
FINANCIAL IMPACT:
ACTION REQUESTED:
REVIEWED BY: ___City Clerk/Admin. ____City Attorney ___Bldg. Insp.
_ __Finance Director ____Public Works ___County
____City Engineer ____Architect ____DNR
CITY CLERK/ADMINISTRATOR’S RECOMMENDATION:
LANGUAGE FOR PROPOSED FORMAL MOTION TO BE CONSIDERED BY COUNCIL:
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Summary Rules for Public Comment
Sample for Use with Minnesota Mayors Association City Council Bylaws
City Council
Members
Mayor:
__________________
Council:
________________________
________________________________________________
City Staff:
Clerk/Administrator:
__________________
City Attorney:
__________________
Public Works Director:
__________________
Police Chief:
__________________
Fire Chief:
__________________
Zoning Administrator:
__________________
Meeting Dates &
Times:____________
__________________
WELCOME to this meeting of your City Council. Please take a moment to read our guidelines for public participation in council meetings.
Agenda: An agenda packet is available for public inspection
at the entrance to the meeting room. Ordinarily the council
will address items as they appear on the agenda.
Council procedure: The council has adopted rules of procedure for all meetings. The rules are available for public inspection at the entrance to the meeting room. In order to
take official action on items, the council will pass a motion by
voice vote. Generally a simple majority vote of the members
present is needed to pass most motions.
Public participation in meetings:Comments from the
public are restricted to the public forum period.
City Council meetings are the forum for the City Council to
conduct the city’s business. While City Council meetings are
open to the public pursuant to the Minnesota Open Meeting
Law, they are not a forum for public expression.
Members of the public are not allowed to participate in council discussion and debate without a specific invitation 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 council.
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During the public forum period, citizens must:
x Sign up prior to speaking and provide a name, address, and
brief summary of the subject matter they wish to address. The
sign-up sheet is available at the meeting entrance.
x Be recognized by the presiding officer before speaking.
Comments are limited to three minutes.
x Direct their remarks to the presiding officer.
x Follow the direction of the presiding officer.
During forum period, the public is prohibited
from:
The use of obscene, profane, or threatening language.
Threatening, loud, or boisterous conduct that disrupts the meeting
or the security of the public.
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. If the conduct continues, the presiding officer may ask the
speaker to leave. If the speaker refuses to follow
the direction of the presiding officer, the
presiding officer may direct the sergeant-at-arms
to remove the speaker through any lawful means.
The presiding officer may:
x Request the public to appoint a spokesperson when multiple
speakers appear to speak on the same topic.
x Place a time limit on or defer the public comment period.
x Alter rules to meet legal requirements for public hearings required by law.
Council agenda/order of business:
1. Call to order.
2. Call of roll.
3. Approval of minutes.
4. Public forum &correspondence.5. Consent agenda.
6. Public hearings (when scheduled)7. Board, commission, &
committee minutes8. Board, commission, &committee reports
9. Staff reports10. New business11. Unfinished business12. Consideration of bills13. Adjournment
Contact information
for City Hall:_______
__________________
__________________
Hours of operation:
__________________
__________________
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Appendix B
Minnesota Mayors Association
Rules of Order for City Councils
Preamble.
a.Purpose.The purpose of these rules is to foster debate and discussion in an orderly manner, not
to suppress honest discussion with excessive formality. Without rules, confusion and disorderly
proceedings would hamper all city action, no matter how well intended. Rules allow city business
to be conducted as efficiently as possible, protect minority groups by giving every person a
chance to be heard, prevent discussion of multiple topics at once, and allow decisions to be made
by majority rule.
b.Rights of councilmembers.All councilmembers are equal and have the same rights to make
motions; object to motions in a timely manner; participate in debate; have their votes counted;
and speak, when recognized, free of interruption.
c.Obligations of councilmembers. The rights of individual councilmembers cannot be realized
unless all councilmembers also recognize their obligations as members of the political body.
Councilmembers are obligated to receive the recognition of the chair before speaking, except as
otherwise provided by these rules. No one has the right to speak at whim. Councilmembers are
obligated to speak directly on the subject being considered and observe time limits for comment.
Finally, councilmembers are obligated to address all remarks to the presiding officer, avoid
personal attacks, and refrain from using any insulting or demeaning language or indecent or
threatening behavior.
Rule 1. Motions.
All formal actions of council must be by motion. A councilmember may make only one motion at a time.
Rule 2. Language for making a motion.
The appropriate language for making a motion shall be substantially similar to “ I move to
____________.”
Rule 3. Procedure for consideration of a motion.
A motion does not need to be seconded. Once a motion has been made, the presiding officer shall restate
the motion and (if applicable) open the motion up for debate, provided that the mayor determines that the motion is in order and no objections to the motion have been made pursuant to Rule 4. A motion is in
order if it is made at a proper time in the proper format and does not violate any applicable rules of law,
ordinance, or city policy, including city policies on decorum and civility, and is not made for the purpose of unduly delaying the proceedings. Debate shall follow the procedures in Rule 5. Once debate has
concluded, the presiding officer shall restate the motion and call for a vote on the issue. A motion shall be
considered passed if it receives a majority vote of those present at the meeting, unless otherwise required by law.
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Rule 4. Objections to a motion.
a. Any member of the council may make an objection to a motion if he or she believes the motion is
not in order. A motion is in order if it is made at a proper time in the proper format and does not
violate any applicable rules of law, ordinance, or city policy, including city policies on decorum
and civility, and is not made for the purpose of unduly delaying the proceedings.
b. An objection to a motion must be made immediately following the motion and at no other time.
The objector does not need to be recognized by the presiding officer in order to voice their
objection. The appropriate language for making an objection shall be substantially similar to “I
object to the motion as being out of order, and call for a ruling by the presiding officer.”
c. A motion may be objected to as not being made at a proper time if the motion was made by a
person not called upon by the presiding officer to speak, or if it does not follow the agreed upon
agenda for the meeting.
d. The presiding officer shall determine whether the motion is in order.
e. In determining whether the motion is in order, the presiding officer shall let the objector to the
motion speak once explaining his or her position. Next, the presiding officer shall let the maker of
the motion speak once to answer the concerns of the objector. Then the presiding officer shall
make a formal ruling as to whether the motion was in order.
f. If the motion is ruled out of order, the motion shall not be considered. If the motion is ruled in
order, the presiding officer shall open the motion for debate (if applicable).
g. The presiding officer’s ruling may be appealed as provided in Rule 7.
Rule 5. Debate.
Generally only one motion may be considered at a time in debate. Once a motion has been made, the
presiding officer shall restate the motion and open the motion for debate, if the motion is debatable. The presiding officer shall conduct the debate in accordance with the following:
a. For initial comments, all comments shall be limited to five minutes. For subsequent comments,
all comments shall be limited to two minutes.
b. The maker of the motion shall be permitted to speak first on the issue.
c. To the extent possible, the debate shall alternate between proponents and opponents of the
measure.
d. Everyone who wishes to speak on the issue must be permitted to speak once, before
councilmembers who have already spoken are permitted to speak again.
e. Councilmembers shall avoid repeating points already made in the debate or other duplicative
conduct that may delay the proceedings. Where a point has already been made, councilmembers
may affirm agreement or disagreement.
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f. Generally only one motion may be considered at a time in debate. Debate may only be interrupted
by a motion to amend the original motion, a motion to take a brief recess, a motion to withdraw
the motion by the motion’s maker, a motion to divide a complex question, a motion to defer
consideration to a later date, a motion to refer an issue to committee, motion for the previous
question, a motion to limit debate, or a motion for a call to order. When debate is interrupted by
any of these motions, the interrupting motion shall be resolved prior to resuming debate.
Rule 6. Definitions of motions that may interrupt debate (secondary motions).
As explained in Rule 5, only certain motions may interrupt debate on a motion. These are called
secondary motions. When a secondary motion is made, the presiding officer must follow the same
procedures in Rule 3 to consider the secondary motion. A secondary motion must be resolved, either by being ruled out of order by the presiding officer or debated and voted upon by the council, before debate
on the main motion can resume. Secondary motions may also be made outside of debate, where
appropriate. For example, a motion to take a brief recess can be made before, during, or after a debate.
a.Motion to amend the original motion.The maker of the motion does not need to consent to a
motion to amend. However, he or she may vote against the amendment or withdraw their motion
via a motion to withdraw prior to any amendment being approved. Only two amendments may be
made to an original motion to avoid confusion. The amendments should be voted on in reverse
order, with the last amendment being voted upon first. To avoid confusion, complex language
should be put in writing. A motion may not be amended so substantially as to essentially reject
the original motion, though different language may be proposed so as to entirely substitute for the
original language.
The appropriate language for making a motion to amend shall be substantially similar to “I move
to amend the motion by inserting between . . . . and . . . .” or “I move to amend the motion by
adding after . . .” or “I move to amend the motion by striking out . . .” or “I move to amend the
motion by striking out . . . and inserting . . .” or “I move to amend by striking out the motion . . .
and substituting the following.”
b.Motion to take a brief recess is not a motion to adjourn or continue the meeting to another time
or place. Instead, it is a motion to take a brief respite no greater than 20 minutes. If a motion to
take a brief recess is granted, the presiding officer may set a time for the meeting to resume. In
addition, the presiding officer is authorized to call for a brief recess on his or her own initiative,
without a vote, to maintain order in the meeting.
The appropriate language for making a motion to recess shall be substantially similar to “I move
to take a brief recess for _____ minutes.”
c.Motion to withdraw a motion is not subject to debate, and it can only be made by the motion’s
maker before a motion is amended.
The appropriate language for making a motion to withdraw shall be substantially similar to “I
move to withdraw my motion.”
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d.Motion to divide a complex question may be used for complex items of business. It allows the
council to break larger questions into smaller parts, which are considered separately.
The appropriate language for making a motion to divide a complex question shall be
substantially similar to “I move to divide the question into ________ parts. Part 1 shall be
_____________________. Part 2 shall be __________________.
e.Motion to table or defer consideration to a later date is not subject to debate. It may be used to
defer or delay consideration of a matter.
The appropriate language for making a motion to defer consideration shall be substantially
similar to “I move to defer consideration of the main motion/this item until
_____________________.”
f.Motion to refer an issue to committee is not subject to debate. It may be used to refer an issue to
a city committee, such as the park board or planning commission, for their report. The motion
should contain an expected receipt day for the report.
The appropriate language for making a motion to refer an issue shall be substantially similar to
“I move to refer the main motion/this issue to the _______________ committee for its
consideration and recommendation. The committee should report back to the council in ___
days/weeks.”
g.Motion for call of the previous question is not subject to debate. It may be used only after at least
20 minutes of debate on a single motion or when all members of the council have been permitted
to speak at least once on the motion. If approved by the majority, a vote must be taken on the
motion under debate immediately.
The appropriate language for making a motion to call the previous question shall be substantially
similar to “I move to call the previous question” or “I move for an immediate vote on this issue.”
h.Motion to limit debate is not subject to debate. It may be used to establish time limits for debate.
The appropriate language for making a motion to limit debate shall be substantially similar to “I
move to limit debate on this issue to __ minutes per person” or “I move to limit council debate on
this issue to no more than ___ minutes total.”
i.Motion for a call to order is not subject to debate. It may be used to signal to the presiding
officer that the councilmember feels the proceedings have gotten disorderly.
The appropriate language for making a motion for a call to order shall be substantially similar to
“I move for a call to order by the presiding officer.”
NOTE: Most secondary motions should not literally interrupt debate. They may not be made in the midst
of the comments of a speaker duly recognized by the presiding officer, or silence the speaker’s speech. To
make a secondary motion, the maker must be called upon and recognized by the presiding officer. There
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are two exceptions to this rule—a motion for a call of the previous question and a motion for a call to order. These motions may be made at any time—even in a manner that interrupts a speaker. However,
these motions should be made only in the rare instance where a meeting has become out of control, strayed from the agenda, or become disorderly.
Rule 7. Appealing procedural decisions of the presiding officer.
a. Any member of the council may appeal to the full council a ruling on order or procedure made by
the presiding officer.
b.Procedure for appeals.An appeal is made by motion. No second is needed for the motion. The
member making the motion may speak once solely on the question involved, and the presiding
officer may speak once solely to explain his or her ruling, but no other councilmember may
participate in the discussion.
c. Once both the maker of the motion and the presiding officer have spoken, the matter must be
voted upon by the council as a whole.
d. The appeal shall be sustained if it is approved by a majority of the members present, exclusive of
the presiding officer.
Rule 8. Other special motions explained.
a.Motion to adjourn is not subject to debate. It may be used to suggest a conclusion to the meeting.
The presiding officer may adjourn a meeting on his or her own initiative, without a vote, if
necessary to maintain order.
The appropriate language for making a motion to adjourn shall be substantially similar to “I
move to adjourn the meeting.”
b.Motion to go into closed session may be used to close the meeting pursuant to the Minnesota
Open Meeting Law. When the motion is made, the basis for closing the meeting and the
applicable law must be stated into the record. The presiding officer may also close the meeting on
his or her own initiative, without a council vote, if closing the meeting is mandatory under the
law or if directed by the city attorney.
The appropriate language for making a motion to go into closed session shall be substantially
similar to “I move to close the meeting in order to consider ____________ pursuant to ______ of
the Minnesota Open Meeting Law.”
c.Motion to leave a closed session may be used to conclude a closed session and return to an open
meeting.
The appropriate language for making a motion to leave a closed session shall be substantially
similar to “I move to open the meeting.”
d.Motion to revive consideration of an issue may be used to request consideration of an issue
previously tabled, deferred, or referred to committee at any prior meeting.
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The appropriate language for making a motion to revive shall be substantially similar to “I move
to revive consideration of _____________ previously tabled/deferred/referred to committee.”
e.Motion to reconsider may be made only at the same meeting where the issue was originally
considered and voted upon. It may be made only by a person on the prevailing side of an issue. In
the event of a tie vote, those voting against the issue shall be considered the prevailing side.
The appropriate language for making a motion to reconsider shall be substantially similar to “I
move to reconsider _______________.”
f.Motion to rescind or repeal may be made at any meeting following the meeting where the issue
was originally considered and voted upon. It may be made by any councilmember, whether or not
he or she was on the prevailing side. It may not be made when prevented by law or where
substantial reliance on the council’s previous decision has occurred (for example, in the area of
contracts or hiring/termination of employees).
The appropriate language for making a motion to reconsider shall be substantially similar to “I
move to rescind/repeal the council’s previous action related to ____________ as stated in
resolution number ________________.”
g.Motion to prevent reintroduction of an issue for ____ months is not subject to debate. It may be
used to limit discussion of an issue that has been raised and/or moved for reconsideration several
previous times.
The appropriate language for making a motion to prevent reintroduction shall be substantially
similar to “I move to prevent reintroduction of this issue for ______ months.”
h.Motion to suspend the rules or to consider a motion informally should be used sparingly on
issues likely to be uncontroversial. Complex motions and resolutions should still be put in
writing. This motion may permit informal discussion of an issue (such as a roundtable discussion,
brainstorming session, visioning session, etc.) where appropriate.
The appropriate language for making a motion to proceed informally shall be substantially
similar to “I move that we suspend the rules and proceed informally in discussing the issue of
_________________.”
Rule 9. Resolutions and ordinances.
Simple motions shall be used only for procedural and meeting matters. Substantive issues, such as the
approval or disapproval of contracts, licenses, or permits; the censure of councilmembers; the hiring,
termination, or promotion of employees; the appointment of board, commission, and committee members;and the adoption of city policies, rules, and ordinances shall be by resolution. An exception to this general
rule may be made in instances where significant documentation of the council’s decision exists, rendering an additional resolution repetitive (for example, where a written contract spells out all the terms that
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would be listed in the resolution). All resolutions shall be written and numbered in a manner consistent with the city’s record keeping policies.
The appropriate language for a motion for the adoption of a resolution shall be substantially
similar to “I move to adopt the resolution numbered ____.”
Rule 10. Robert’s Rules not applicable.
These model rules are designed specifically for Minnesota city councils. Further, these rules were drafted
to be an appropriate level of regulation and formality for smaller governing bodies typically seen in
Minnesota cities. Robert’s Rules of Order is not assumed to apply or to supplement these regulations. Where a situation arises that is not addressed by these rules, the intent of these rules, as expressed in the
preamble, should be effectuated by the presiding officer, in consultation with the city attorney.
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Summary of Motions
For use with Minnesota Mayors Association Rules of Order for City Councils
Means a motion is not subject to debate.
Means that motion may be made during active debate on a main motion.
Means a motion can be made without recognition from the presiding officer or that it can interrupt other
speakers.
1. General motion for all council action:
“I move to ____________”
2. Motion to amend the original motion.The maker of the motion does not need to consent to a motion to
amend. Only two amendments may be made to an original motion to avoid confusion.
“I move to amend the motion by inserting between . . . . and . . . .” or “I move to amend the motion by
adding after . . .” or “I move to amend the motion by striking out . . .” or “I move to amend the motion by
striking out . . . and inserting . . .” or “I move to amend by striking out the motion . . . and substituting the
following.”
3. Motion to take a brief recess.A motion to take a brief respite no greater than 20 minutes.
“I move to take a brief recess for _____ minutes.”
4.Motion to withdraw a motion.This can only be made by the motion’s maker before a motion is amended.
“I move to withdraw my motion.”
5. Motion to divide a complex question. This allows questions to be considered in smaller parts.
“I move to divide the question into ________ parts. Part 1 shall be _____________________. Part 2 shall
be __________________.”
6. Motion to table or defer consideration to a later date. This may be used to defer consideration.
“I move to defer consideration of the main motion/this item until _____________________.”
7. Motion to refer an issue to committee. This may be used to refer an issue to a city committee.
“I move to refer the main motion/this issue to the _______________ committee for its consideration and
recommendation. The committee should report back to the council in ___ days/weeks.”
8. Motion for call of the previous question. This may only be used after at least 20 minutes of debate on a
single motion or when all members of the council have been permitted to speak at least once on the motion.
If approved by the majority, a vote must be taken on the motion under debate immediately.
“I move to call the previous question” or “I move for an immediate vote on this issue.”
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9. Motion to limit debate. This may be used to establish time limits for debate.
“I move to limit debate on this issue to __ minutes per person” or “I move to limit council debate on this
issue to no more than ___ minutes total.”
10. Motion for a call to order. This is used to signal to the presiding officer that the meeting is disorderly.
“I move for a call to order by the presiding officer.”
11. Motion to adjourn.This may be used to suggest a conclusion to the meeting.
“I move to adjourn the meeting.”
12. Motion to go into closed session.This may be used to close the meeting pursuant to the Minnesota Open
Meeting Law. The basis for closing the meeting and the applicable law must be stated into the record.
“I move to close the meeting in order to consider ____________ pursuant to ______ of the Minnesota
Open Meeting Law.”
13. Motion to leave a closed session.This may be used to conclude a closed session and return to an open
meeting.
“I move to open the meeting.”
14. Motion to revive consideration of an issue. This may be used to request consideration of an issue
previously tabled, deferred, or referred to committee at any prior meeting.
“I move to revive consideration of _____________ previously tabled/deferred/referred to committee.”
15. Motion to reconsider.This may be made only at the same meeting where the issue was originally
considered and voted upon.
“I move to reconsider _______________.”
16. Motion to rescind or repeal.This may be made at any meeting following the meeting where the issue was
originally considered and voted upon.
“I move to rescind/repeal the council’s previous action related to ____________ as stated in resolution
number ________________.”
17. Motion to prevent reintroduction of an issue for ____ months.This may be used to limit discussion.
“I move to prevent reintroduction of this issue for ______ months.”
18. Motion to suspend the rules or to consider a motion informally. This permits informal discussion.
“I move that we suspend the rules and proceed informally in discussing the issue of _________________.”
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Principles for Making Meetings Work
- Council Handout -
For use with Minnesota Mayors Association Rules of Order for City Councils
Simple Principles for Making Meetings Work
1. Let the presiding officer manage the meeting.
2. Wait to be recognized by the presiding officer before
speaking.
3. Be courteous and civil. Limit debate to the discussion of
ideas. Do not make personal attacks.
4. Maintain decorum in the chambers. Do not have side
conversations or disrupt the meeting through words or
conduct.
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Problem Solving Hints
Council Handout
For use with Minnesota Mayors Association Rules of Order for City Councils
Problem one: Meetings are taking too long.
Potential solutions:
a. The presiding officer should follow the agenda and limit discussion and debate to the current
agenda item. Councilmembers who speak on topics not related to the current agenda can be
called to order by the presiding officer.
b. The presiding officer should not open discussion and debate on an agenda item until after an
actual motion for action has been made. This clarifies the discussion and makes the process
more efficient. A line can be added to the council agenda for each item with staff’s proposed
motion language.
c. The presiding officer should utilize the time limits established in Rule 5a. When individual
councilmembers notice that the time limits are not being observed, they can make a motion to
have the presiding officer call for order.
d. When debate appears to be lengthy but unproductive, councilmembers can make a motion to
limit the time for debate. Sometimes setting a deadline for making a decision can be helpful.
e. When debate has continued for at least 20 minutes or everyone on council has had an
opportunity to speak, a councilmember may make a motion to “call the question.” If
approved, the main motion must be voted upon instantly.
Problem two: The minute taker and/or councilmembers are confused about what has been approved or disapproved.
Potential solutions:
a. All council action should be stated in a motion and voted upon. Even when the council has
agreed by motion to discuss things informally, all decisions should be ratified in a formal
motion that is put to a vote.
b. Complex motions and their amendments can be put in writing. Resolutions should always be
numbered, in writing, and adopted by a simple motion, “I move to adopt resolution number
____.”
c. The presiding officer should state the motion being considered prior to opening debate and
prior to voting. Once a vote has occurred, the presiding officer should state whether the
motion carried or failed.
d. Only one motion for council action may be considered at a time.
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e. Amendments to motions are limited to two amendments. These amendments should also be
stated by the presiding officer prior to opening debate and voting.
f. In making amendments, the proponent of an amendment should use concise language—
preferably the model language identified in the rules, including:
“I move to amend the motion by inserting between . . . . and . . . .”; or
“I move to amend the motion by adding after . . .”; or
“I move to amend the motion by striking out . . .”; or
“I move to amend the motion by striking out . . . and inserting . . .”; or
“I move to amend by striking out the motion . . . and substituting the following.”
Problem three. One particular member of council disrupts the proceedings, and insults and verbally attacks other councilmembers.
Potential solutions:
a. No person, including a councilmember, has the right to disrupt the council’s proceedings
through fighting, threatening physical harm, or engaging in offensive, noisy, obscene or
abusive conduct. This is a crime pursuant to Minn. Stat. § 609.72.Aggressive, threatening
conduct cannot be tolerated. The presiding officer should follow the council’s adopted bylaws
to issue warnings when such conduct occurs and then order removal of the person by the
sergeant-at-arms.
b. The presiding officer can remind the councilmember that the rules require all remarks to be
addressed to the presiding officer alone. If the conduct persists, the presiding officer can rule
the person out of order and follow the council’s procedures for discipline through censure
and/or temporary removal from the meeting.
c. The presiding officer can remind the councilmember that the rules require time limits on
comments. If the conduct persists, the presiding officer can rule the person out of order and
follow the council’s procedures for discipline through censure and/or temporary removal
from the meeting.
d. Members of the council may request action by the presiding officer to curb another member’s
conduct through a motion for a call to order. The motion may request a specific response to
conduct by the presiding officer. For example, “I make a motion for the presiding officer to
call Councilmember _______ to order and to desist from making personal attacks.”
e. Members of the council may make a motion for adjournment or for a brief recess, if a
councilmember’s actions are so offensive as to disrupt the orderly process of the meeting.
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Problem four: Council keeps revisiting the same issue over and over again. It’s a waste of time, but one
member can’t help but bring up their “pet” project at every meeting—even though the council has
voted the idea down several times.
Potential solutions:
a.The presiding officer can rule out of order motions to reconsider or rescind council
actions if they are not made at the appropriate time by the appropriate person, or where
reliance on the council’s previous decision has occurred (for example, in the area of
contracts or hiring/termination of employees).
b.A councilmember may make a motion to limit debate.
c.A councilmember may make a motion to table or defer the matter.
d.A councilmember may make a motion to refer the matter to a committee.
e.A councilmember may make a motion to delay consideration of the matter for a specified
amount of time. Six months is recommended.
Problem five: The councilmembers can’t agree on anything, or are so deeply divided over one
particular controversial issue that it has affected civil discussion on all matters.
Potential solutions:
a. The presiding officer should insist that all members of council observe council bylaws and
procedural rules that speak to decorum. In particular, the presiding officer can remind
councilmembers that the rules require all remarks to be addressed to the presiding officer
alone. Rules should be enforced in a neutral manner applicable to everyone.
b. The city council may wish to consider that application of rules of procedure alone may not
solve the problem. Where divisions among council are particularly fractious, a skilled
facilitator may need to be brought in to help council place their divisions in an appropriate
perspective against the broader needs of the city.
Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 76
Appendix C
Sample Statement of Values
Preamble
The proper operation of democratic government requires that decision-makers be independent, impartial,
and accountable to the people they serve. The City of _____ has adopted this Statement of Values to
promote and maintain the highest standards of personal and professional conduct in the city’sgovernment. All (select:elected and appointed officials, city employees, and volunteers) are required to
subscribe to this statement, understand how it applies to their specific responsibilities, and practice its (number) core values in their work. Because we seek public confidence in the city’s services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards
and demonstrate the highest levels of achievement in following this statement.
The values
As a representative of the City of _____,
1. I serve the public interest.
2. I fulfill the duties and responsibilities of holding public office.
3. I am ethical.
4. I am professional.
5. I am fiscally responsible.
6. I am conscientious.
7. I communicate effectively.
8. I am collaborative.
9. I am forward thinking.
10. I am ____________.
Value examples/expressions
1.I serve the public interest. In practice, this value means that:
a. I provide courteous, equitable, and prompt service to everyone.
b. I am attuned to and care about the needs and issues of citizens, public officials, and city workers.
c. I am interested, engaged, and responsive in my interactions with constituents.d. I recognize and support the public’s right to know the public’s business.
2.I fulfill the duties and responsibilities of holding public office. In practice, this value means that:a. I observe the highest standards of integrity in my official acts and undertake my responsibilities for the benefit of the greater public good.b. I faithfully discharge the duties of my office regardless of my personal considerations,
recognizing that the public interest is my primary concern. c. I uphold the Constitution of the United States and the Constitution of the state of Minnesota and carry out impartially the laws of the nation, state, and municipality and thus foster respect for all
government.
Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 77
d. I comply with both the letter and the spirit of the laws and policies affecting operations of the
city.
e. I recognize my obligation to implement the adopted goals and objectives of the city in good faith, regardless of my personal views.
f. I conduct myself in both my official and personal actions in a manner that is above reproach.
g. I do not use my position to secure for myself or others special privileges or exemptions that are different from those available to the general public.
h. I understand and abide by the respective roles and responsibilities of elected and appointed officials and city staff and will not undermine them in their work. i. I am independent, impartial, and fair in my judgment and actions.
3.I am ethical.In practice, this value means that:a. I am trustworthy, acting with the utmost integrity and moral courage.
b. I am truthful, do what I say I will do, and am reliable.c. I am accountable for my actions and behavior and accept responsibility for my decisions. d. I make impartial decisions, free of influence from unlawful gifts, narrow political interests, and
financial and other personal interests that impair my independence of judgment or action. e. I am fair, distributing benefits and burdens according to consistent and equitable criteria.
f. I oppose all forms of harassment and unlawful discrimination.
g. I extend equal opportunities and due process to all parties in matters under consideration. h. I show respect for confidences and confidential information.
i. I avoid giving the appearance of impropriety and of using my position for personal gain.
4.I am professional. In practice, this value means that:
a. I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b. I approach my job and work-related relationships with a positive attitude, contributing to a
supportive, respectful, and non-threatening work environment.c. I keep my professional knowledge and skills current and growing.d. I am respectful of all city staff, officials, volunteers, and others who participate in the city’s
government.
5.I am fiscally responsible. In practice, this value means that:
a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the city, especially its financial stability.
b. I demonstrate concern for the proper use of city assets (e.g., personnel, time, property, equipment,
funds), follow established procedures, and do not use public resources for personal gain.c. I make decisions that seek to preserve the financial capacity of the city to provide programs and
services for city residents.
d. I provide full disclosure of any potential financial or other private conflict of interest. I abstain from participating in the discussion and vote on these matters.
e. I prevent misuse of public funds by establishing, maintaining, and following strong fiscal and management controls. f. I report any misuse of public funds of which I am aware.
6.I am conscientious. In practice, this value means that:a. I act in an efficient manner, making decisions and recommendations based upon research and
facts, taking into consideration short- and long-term goals. b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion.
Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 78
c. I am respectful of established city processes and guidelines.
d. I prioritize my duties so that the work of the city may move forward.
e. I prepare for all meetings by reviewing any materials provided ahead of time. When I have materials to contribute, I make sure all others involved have ample time to review these materials
prior to the meeting.
7.I communicative effectively. In practice, this value means that:a. I convey the city’s care for and commitment to its citizens. b. I communicate in various ways that I am approachable, open-minded, and willing to participate in dialogue.
c. I engage in effective two-way communication by listening carefully, asking questions, and responding appropriately, which adds value to conversations. d. I do not interfere with the orderly conduct of meetings by interrupting others or making personal
comments not germane to the business at hand. e. I follow up on inquiries in a timely manner.f. I encourage and facilitate citizen involvement in policy decision-making.
g. I am respectful in disagreements and contribute constructively to discussions on the issue.
8.I am collaborative. In practice, this value means that:
a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding to accomplish common goals.
b. I share information with others in a timely manner so that, together, we can make informed
decisions.c. I work toward consensus building and gain value from diverse opinions.
d. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team.
9.I am forward thinking. In practice, this value means that:
a. I promote intelligent, proactive, and thoughtful innovation in order to advance the city’s policy agenda and provide city services while considering the broader regional, statewide, national, and
international implications of the city’s decisions and issues.
b. I maintain consistent standards, but am also sensitive to the need for compromise, creative problem solving, and making improvements when appropriate.
c. I am open to new ideas and processes, adopting them as they conserve resources and provide efficient and effective service.
d. I consider the potential long-term consequences and implications of my actions and inactions.
Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 79
Appendix D
Sample Code of Conduct
___.01. Purpose.
The City Council of the City of _____ determines that a code of conduct for its members, as well as the
members of the various boards and commissions of the City of _____, is essential for the public affairs of
the city. By eliminating conflicts of interest and providing standards for conduct in city matters, the City Council hopes to promote the faith and confidence of the citizens of _____ in their government and to
encourage its citizens to serve on its council and commissions.
___.02. Standards of conduct.
Subd. 1. No member of the City Council or a city board or commission may knowingly:
a. Violate the Open Meeting Law.
b. Participate in a matter that affects the person’s financial interests or those of a business with
which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation.
c. Use the person’s public position to secure special privileges or exemptions for the person or for
others.
d. Use the person’s public position to solicit personal gifts or favors.
e. Use the person’s public position for personal gain.
f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality,
promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person’s performance of official action, or be intended as a reward for the person’s official action.
g. Disclose to the public, or use for the person’s or another person’s personal gain, information that was gained by reason of the person’s public position if the information was not public data or was
discussed at a closed session of the City Council.
h. Disclose information that was received, discussed, or decided in conference with the city’s legal counsel that is protected by the attorney-client privilege unless a majority of the City Council has
authorized the disclosure.
i. Represent private interests before the City Council or any city committee, board, commission, or
agency. (optional)
Subd. 2. Except as prohibited by the provisions of Minn. Stat. § 471.87, there is no violation of subdivision 1 b. of this section for a matter that comes before the council, board, or commission if the
member of the council, board, or commission publicly discloses the circumstances that would violate
these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the City Council under the circumstances
described under Minn. Stat. § 471.88, if proper statutory procedures are followed.
Created by the League of Minnesota Cities Ethics Advisory Panel October 2009 80
___.03. Complaint, hearing.
Any person may file a written complaint with the city clerk alleging a violation of the standards of
conduct in section .02. The complaint must contain supporting facts for the allegation. The City Council may hold a hearing after receiving the written complaint or upon the council’s own volition. A hearing must be held only if the City Council determines (1) upon advice of the city attorney, designee, or
other attorney appointed by the council, that the factual allegations state a sufficient claim of a violationof these standards or rise to the level of a legally recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The City Council’s
determination must be made within 30 days of the filing of the allegation with the city clerk. If the council determines that there is an adequate justification for holding a hearing, the hearing must be held within 30 days of the City Council’s determination. At the hearing, the person accused must have the opportunity to
be heard. If after the hearing, the council finds that a violation of a standard has occurred or does exist, the council may censure the person, refer the matter for criminal prosecution, request an official not to
participate in a decision, or remove an appointed member of an advisory board or commission from
office.
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
REGULAR
ITEM # 17
AGENDA ITEM: Cost of Service Study for Water and Sanitary Sewer Utilities – Approve
Authorization for TKDA.
SUBMITTED BY: Jack Griffin, City Engineer
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Cathy Bendel, Finance Director Mike Bouthilet, Public Works
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .........................................................................................City Staff
- Report/Presentation………………………………………… .........................City Staff
- Questions from Council to Staff ............................................. Mayor Facilitates
- Public Input, if Appropriate………………………………….Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECOMMENDER: Administration/Finance/Engineering.
FISCAL IMPACT: $13,900 to be funded 50% through the Water Enterprise Fund and 50% through the
Sanitary Sewer Enterprise Fund.
SUMMARY AND ACTION REQUESTED:
The City Council is respectfully requested to approve the Cost of Service Study for the Water and
Sanitary Sewer Utilities Task Order with TDKA. The recommended motion for the action is as follows:
“Move to approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA in an amount not to exceed $13,900.” LEGISLATIVE HISTORY/BACKGROUND INFORMATION:
City staff is preparing to conduct a review of the City’s water and sanitary sewer operational rates and charges, the Water Availability (WAC) and Connections Charges, and Sanitary Sewer Availability (SAC)
City Council Meeting [Regular Agenda Item 17]
December 1, 2015
-- page 2 --
and Connection Charges to ensure an adequate user charge system is in place to fund the utility operations
and capital projects.
Staff intends to approach this review by retaining the assistance of an experienced utility manager to
prepare a Cost of Service Study for water and sanitary sewer utilities. In particular, the goal of the study
will be to better understand the cost of service for each utility so that rates and charges can be confidently developed to best meet the Utility’s funding requirements, addressing conservation, and that are fair and
equitable. The work includes a review of the City’s water and sanitary sewer operational costs, capital costs, and depreciation costs projected for 2016-2025. The report findings may then be used for the purpose of evaluating alternative rates and charges.
RECOMMENDATION:
Staff is recommending that the City Council approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA. The recommended motion for the action is as follows:
“Move to approve the Cost of Service Study for the Water and Sanitary Sewer Utilities Task Order with TDKA in an amount not to exceed $13,900.”
ATTACHMENT(S):
1. None.
MAYOR & COUNCIL COMMUNICATION
-- page 1 --
DATE: December 1, 2015
CONSENT
ITEM #18 MOTION
AGENDA ITEM: Single Fire Station Concept
SUBMITTED BY: Greg Malmquist, Fire Chief
THROUGH: Public Safety Committee
REVIEWED BY: Interim Administrator
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .............................................................. City Administrator
- Report/Presentation………………………………………………… Fire Chief
- Questions from Council to Staff ............................................. Mayor Facilitates
- Call for Motion ............................................................... Mayor & City Council
- Discussion ....................................................................... Mayor & City Council
- Action on Motion .................................................................... Mayor Facilitates
POLICY RECCOMENDER: Fire Department/Public Safety Committee
FISCAL IMPACT: The purchase of land for either one or two future fire station locations.
SUMMARY AND ACTION REQUESTED: Review additional information requested at workshop to determine future staffing/fleet/facilities direction for the fire department, identify and secure land while available.
LEGISLATIVE HISTORY: At the October 13, 2015 Council Workshop, a presentation on
“Public Safety, Staffing and Facilities” was given. The information presented was the result of extensive research and discussion conducted by the Public Safety Committee and the officers of the fire department. The information focused on identifying future staffing, equipment and
facility needs for the fire department, (see attachment). The Public Safety Committee was
looking for direction from Council for future planning, with the question of following the current
Paid on Call (POC), multiple stations model or moving toward a one station with 24/7 staffing needing additional clarification.
City Council Meeting [Consent Agenda Item #18)
December 1, 2015
-- page 2 --
Information presented addressed the results of the 2004 and 2011 fire studies which were both
based on POC staffing. Studies concluded current stations should be relocated and “Are not
adaptable to future expansion”. Analysis of various options and how other communities have
addressed this issue.
I would also like to highlight the recruitment efforts pursued over the years to deal with our
inability to fully staff. The Public Safety Committee spent considerable time brainstorming and
addressing this national/regional/local issue and came up with a pretty thorough list, (see
attached). In addition to following up on these recommendations, FD staff went even further by attending training at regional and national levels and networking with local FD’s, yet we
continue to have a very low success rate.
At the conclusion of the presentation, Council requested additional information/numbers related
to the comparison of 1 vs 2 stations. Chief Malmquist conducted additional research, met with Eagan Fire Chief Mike Scott and had follow up conversation with Chief Officers of Maplewood
FD regarding closing of fire stations and operating costs. See attached spreadsheet. Finance
Director Cathy Bendel provided the operating cost information on the comparison spreadsheet.
BACKGROUND INFORMATION (SWOT):
Strengths Ensure adequate staffing, long range cost savings (potentially over
$3mil.), meet future response needs of community.
Weaknesses Increasing land costs. Initial investment in facility. Delaying decision until FD reaches critical staffing point and delivery of
service is impacted.
Opportunities Identify and secure site while still available. Learn from other
communities. Possibly partner with Washington County Sheriff’s Department and Lakeview EMS in combined Public Safety
Facility.
Threats Inability to staff by committing to failing Paid on Call system.
RECOMMENDATION: The Public Safety Committee and the Officers of the Lake Elmo Fire
Department recommend moving to the one centralized fire station model, identify and secure an
appropriate site for a future fire station/public safety facility.
ATTACHMENTS:
• Station Comparison spreadsheet
• Council Workshop PowerPoint presentation
• Recruitment highlight slides
• CIP Fleet replacement comparison, 1 vs 2 stations
COSTS NOTES COSTS NOTES
Electric/Gas $12,600.00 Annual Costs Stat 1-$5,000, Stat 2-$7,600
Phone $3,700.00 Annual Costs Stat 1-$1,400, Stat 2-$2,300
Water N/A
Sewer N/A
Insurance $7,000.00
Garbage $2,900.00 Annual Costs Stat 1-$2,400, Stat 2-$500
Bldg Maintenance $6,200.00
$32,400.00
Station #1 $98,000.00
Station #2 $110,000.00
$208,000.00
Land-Sub Station, (2.5 acres)$62,500.00 $25,000.00/acre. Average tax assessed value N/A
Land-Main Station, (5 acres)$125,000.00 $25,000.00/acre. Average tax assessed value $125,000.00 $25,000.00/acre. Average tax assessed value
Sub Station, (10,000 sq. ft.)$2,350,000.00 $235/sq. ft. based on average of Stw. And Bayport N/A
Main Station, (20,000 sq. ft.)$4,700,000.00 $235/sq. ft. based on average of Stw. And Bayport $4,700,000.00 $235/sq. ft. based on average of Stw. And Bayport
$7,237,500.00 $4,700,000.00
Wages $112,752.20 Based on 5 yr. average, and approx. 22 FF's $307,673.60 Based on projections, see attached
Social Security $6,990.62 6.27%$19,075.76 Based on projections, see attached
Medicare $1,634.91 1.45%$4,460.27 Based on projections, see attached
Work Comp $14,000.00 $2,246.09 Based on projections, see attached
ER Pera N/A $49,843.12 Based on projections, see attached
$135,377.73 $383,298.84
Replacement $3,115,000.00 Based on current CIP, see attached $2,105,000.00 Based on current CIP, see attached
Maintenance, (Annual)$19,085.00 Based on 5 yr. average $14,285.14 Based on 5 yr. average and assumption of eliminating
Engine, Utility and Tender.
Fuel, (Annual)$14,309.53 Based on 5 yr. average $10,016.67 Based on 5 yr. average and assumption of eliminating
Engine, Utility and Tender.
Insurance $9,440.56 Based on 5 yr. average $6,608.39 Based on 5 yr. average and assumption of eliminating
Engine, Utility and Tender.
$3,157,835.09 $2,135,910.20
TOTAL $10,771,112.82 $7,219,209.04
1 STATION MODEL (PT Shift Staffing)
STATION COMPARISION
BUILDING
OPERATING
COSTS
NEW
CONSTRUCTION
PERSONNEL
EXISTING
STATIONS
UPGRADES and
REPAIRS
Replace Roof, ADA Compliance, New Electrical Service, Back up Generator, Kitchen Updates, Fire Sprinkler System. These are basic
items identified in the 2011 Fire Study. Building will not allow for most improvements. Based on 2011 Shared Services Study. Would
still need to build new station to meet long term needs.
Replace Roof, ADA Compliance, Back up Generator, Fire Sprinkler System, Parking Lot. These are basic items identified in the 2011
Fire Study. Building will not allow for most improvements. Based on 2011 Shared Services Study. Would still need to build new
station to meet long term needs.
SUB-TOTAL
SUB-TOTAL
SUB-TOTAL
Chief Malmquist has reached out to both Maplewood FD
and Eagan FD for information regarding cost savings of
old stations vs new energy efficient buidings. Both depts.
Have or will close old stations and construct new
centralized facilities. Information has not been recieved
as of this time. Both Chiefs verbalized that significant
savings were experienced.SHORT-TERMLONG-TERMSUB-TOTAL
FLEET
2 STATION MODEL (Volunteer/Paid on Call)
SUB-TOTAL
VEHICLE YEAR
PRCHSD
RECOMMENDED
REPLACEMENT REPLACE WITH
ESTIMATED
REPLACEMENT
COST
RECOMMENDED
REPLACEMENT
CYCLE
STATION NOTES
L1 LADDER/
ENGINE 2015 2035 ENGINE W/78'LADDER $800,000 20 yrs South
E2 ENGINE 1990 2016 Rescue/Engine, multi-
purpose vehicle $550,000 20 yrs South Moved to "Reserve" role in 2014 to
prolong life.
T1 TENDER 1987 2018 Single axle Tender $450,000 20 yrs South Water tank was redone in 2004 to extend
life,
E1 ENGINE 1997 2021 Engine $500,000 20 yrs North Refurbished/repainted in 2007. Sept.
2011, all lighting converted to LED to
correct electrical issues and extend life.
T2
TENDER/
ENGINE
2007 2027 Current similar $550,000 20 yrs North Pump rebuilt in 2013.
U2 1994 2019+Utility Truck $60,000 10 yrs North As needed
B1 2001 2021+Pick up $40,000 10 yrs South
B2 2004 2024 Pick up w/skid unit $75,000 10 yrs North
CV1 2015 2020 Tahoe $45,000 5 yrs N/A 5 YEAR REPLACEMENT
CV2
2006
(purch.,
used in
2010)
2017 Tahoe $45,000 5 yrs N/A 5 YEAR REPLACEMENT
Boat 2007 ?Current similar As needed North As needed
Ranger 2009 ?Current similar As needed South As needed
100'
Platform/
Ladder
$1 million +South The purchase/need of this truck will be
driven by future development.
TOTAL $3,115,000
FLEET REPLACEMENT PLAN - (2 STATION MODEL)
VEHICLE YEAR
PRCHSD
RECOMMENDED
REPLACEMENT REPLACE WITH
ESTIMATED
REPLACEMENT
COST
RECOMMENDED
REPLACEMENT
CYCLE
L1 LADDER/
ENGINE 2015 2035 ENGINE W/78'LADDER $800,000 20 yrs
E2 ENGINE 1990 2016 Rescue/Engine, multi-
purpose vehicle $550,000 20 yrs
E1 ENGINE 1997 2021 Engine $500,000 20 yrs
T1 TENDER 1987 2018 Single axle Tender $450,000 20 yrs
T2
TENDER/
ENGINE
2007 2027 Current similar $550,000 20 yrs
U2 1994 2019+Utility Truck $60,000 10 yrs
B1 2001 2021+Pick up $40,000 10 yrs
B2 2004 2024 Pick up w/skid unit $75,000 10 yrs
CV1 2015 2020 Tahoe $45,000 5 yrs
CV2
2006
(purch.,
used in
2010)
2017 Tahoe $45,000 5 yrs
Boat 2007 ?Current similar As needed
Ranger 2009 ?Current similar As needed
100'
Platform/
Ladder
$1 million +
Revised 10/19/2015 TOTAL, (LESS T1 & U2)$2,105,000
FLEET REPLACEMENT PLAN - (1 STATION MODEL)
NOTES
The purchase/need for this truck will be driven by future
development.
Possibly eliminate 1 Tender, DEPENDENT ON STATUS
OF WATER SYSTEM/HYDRANT COVERAGE, AS WELL
AS AVAILABLE TENDERS IN AREA!
Would be eliminated in 1 station model
Possibly combined with Rescue/Engine and eliminated.
Won't be able to determine until specs are developed.
5 YEAR REPLACEMENT
5 YEAR REPLACEMENT