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HomeMy WebLinkAbout01-05-16 CCMPTI II Crl"1" ()I LAKE ELMO Oar illirsioa is to Rivride 9lla/ity Pllblic Sen•ice.c i,i a Firw//), ReJponsible 211anaer J7JM Pnverviltg the Opm ,S pace au/10er NOTICE OF MEETING City Council Meeting Tuesday, January 5, 2016 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes ',J7 November 17, 2015 D. Public Comments/Inquiries E. Presentations F. Consent Agenda X Approve Payment of Disbursements !, Designate Official Depositories of Funds; Resolution 2016-01 4:( Designate Official Publication Newspaper of Record 5. Reappoint Planning Commissioners 4/ Reappoint Parks Commissioners 71Appoint City Engineer 8( Approve Conversion of Part Time Contractor to Part Time Employee . Approve Planning Department Staffing Proposal 10. , A p . Appoint City Attorney - Prosecution 12, Approve Driveway 'finer ()sip Gc..ilegular Agenda Gold Line BRT — Resolution 2016-02 14 Appoint Acting Mayor t. Appoint City Attorney — General ou se 6,-OP-Ofdtrrano Cj5jr4)CIA ncil Reports I. Staff Reports and Announcements J. Adjourn Ti IF (Try. (it, LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYO COUNCIL CO UNICATION DATE: January 5, 2016 CONSENT ITEM #2 MOTION Approve Disbursements in the amount of $476,690.90 Patty Baker, Accountant Cathy Bendel, Finance Director Cathy Bendel, Finance Director S ;(;ES" '!',1) ORDER OF BUSINESS: Intr()duction of Item ..... ..... ..... Questions friiin Council to Sta CalHOr Motion ...... , ...... Action on ............... .......... POLICY RECOMMENDER: Finance FISCAL IMPACT: $476,690.90 City Administrator ....City Administrator Mayor Facilitates Mayor & City Council Mayor & City Council ....... Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $476,690.90. No specific motion is needed as this is recommended to be part of the Consent Agencla. LEGISLATIVE HISTORY: NA 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. -- page City Council Meeting [Consent Agenda Itei January 5, 2016 Claim # Amount Description ACH $ 11,000.95 Payroll Taxes to IRS & MN Dept of Revenue 12/23/15 ACH $ 5,798.67 Payroll Retirement to PERA 12/23/15 DD6874-DD6884 $ 29,866.13 Payroll Dated (Direct Deposits) 12/23/15 43741-43790 $ 349,900.11 Accounts Payable Year End Run 12/31/15 43791-43813 $ 80,125.04 Accounts Payable 1/05/16 TOTAL $ 476,690.90 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 $476,690.90. ATTACHMENTS: Accounts Payable — check registers -- page 2 -- counts Payable To Be Paid Proof List User: P attyB Printed: 12,228/2015 - 1:26 PM Batch: 006-1 2-20 15 voiv e lnv Date Amount Quantity Pna Date Description Reference Task Type PO 0 Close POLitne ALDEN PO Alden Pool & Municipal Supply 15562 I/12/2015 103.00 0.00 I 2/28/2015 Maintenance Supplies No 0000 60 l -494-9400-42270 Utility System Nlainienance 15562 Total: I 03.00 ALDEN PO Total: 103,00 AMERICAN American Et4.., arid Testing, Inc. 69876 1 130/2015 6,679.50 0.00 122287201 5 2015,120 Eagle Point Blvd No 0000 409-4S0-8000-43030 Engineering Services 69876 Total: 6,679.50 AMERICAN Total: 6:079.50 BD1 BD1 6885577 1 0i20 15 96.18 0,00 12128/2015 Tools No 0000 101-430-3100-42400 Small Tools & Minor Equiptnent 6885577 Total: 96(8 6887966 12/11/2015 66.85 0.00 12128/2015 Sprockets No 0000 101-430-3100-42210 Equipment- Parts 6887966 Total: 66.85 BM Total: 163.03 BERTEUSO Bertelson's W0-16.3473- I 12109/2015 1 11.25 0.00 12128/2015 Supplies No 0000 1(11-120-2400-42000 Office Supplies WO-163,473-1 Total: 111,25 BF,RTELSO Total: I 1 1.25 C A C Companion Anima! Control, LLC Nov - 15 1 li30120 1 5 101-420-2700-43160 Impounding 69 - Tra Rc l'aid Proof' List (12128.'15 - 1:26 0111 500.00 0.00 12;28/2015 Animal Control - November 2015 No 0000 Page 1 n voice # Illy Date Amount Quantity Bint Date Description Ref erence'ask Type 1'0 # Close POLine Nov - 15 11/3012015 150.00 0.00 12128/2015 Impoundment 7arn -7pin No 0000 I 01-120-2700-43 160 Impounding Nov- 15 /30/2015 130,00 0.00 12/28/2015 Impoundment 7pm-7ani 0000 101-420-2700-43160 Impounding Nov - 15 Total: 830.00 .(-.7 A C Total: 830.00 CARQUEST Cor Quest Auto Ports 2055-366606 12114/2015 60149.4-9400-44030 Repairs\Maint Imp Not Bldgs 2055-366606 Total: CARQUEST Total: CENTPOW Century Power Equipment 675726 1210912015 101-450-5200-42400 Small Tools & Minor Equipment 675726 Total: CENTPOW Total: CONICAST Comcast 11/27/2015 101-420-2770-44300 Miscelkineous Total: CONICAST Total: 31.32 0.00 12/2S/2015 Parts - repairs No 0000 31.32 31.32 53, L5 0.00 12/28/2015 Tools No 0000 53.15 53.15 7,90 0.00 12/28/2015 Monthly service No 0000 7.90 7.90 CORNELL Cornell Mike 12/1472015 1,002.40 0.00 12/280015 VCOS - hotel expense reimburseinent 101-420-2220-44370 Conferences & 1 ruining Tolal 1.002.40 CORNELL Total: 1,002,40 CIYOAKDA City of Oakdale November 11/30/2015 60 I 49,4-9410-43820 Water Utility November Total: CTYOAKDA Total: CTVOAKDP City ol'Oakdale 2015 L7084979 11/30/20 i 5 I -420-2220-441140 Repairs/Maint Eqpt AP - To Be Paid Proof List (12128115 - 020 PM No 0)100 1,771.55 0.00 12/2812015 Water meter - South Pit 11101- No 0000 12/01/15 1,771,55 1,771.55 736.74 0.00 1212812015 Mount computer stand Ladder 1 No 1)1)00 Page 2 iv -voice 74' i!IV Pate Ainottnt Qoantity Pint Date Description Reference Task Type 1'0 ti Close POLine 4 2015130849.79 Total: CIYOAJI)1) DELTA Delta Dental Of Minnesota January 2016 12/1512015 101-000-0000-15500 Prepaid Items hnualy 2016 Total: DELTA ECNIPUI3L1 ECM Publishers, Inc 286660 13/13/2015 101-450-5200-44300 Miscellaneous 286660 Total: ECT\ IP LiBLI Total: Enriht Enright Robert Bonus 12.'15/2(115 I 01-410-1450-4.3620 Cable Operations Bonus Total: Donit5. - B 1.2/150015 101-410-1450-43620 Cable Operations Bonus - 13 Total: Cable 121150015 101-410-1450-43620 Cable Operations Cable Total: Cable - 13 12:15/2015 101-410-1450-43620 Cable Operations Cable - 13 Total: Enright Total: FASTENAL Fastertal Companv MNOA K12267 12;140015 101-430-3100-42210 Equipment Parts MNOAK12267 Total: FASTENAL Total: RJR FLIR Commerical Systems 9200687788 12/07/2015 101-420-2220-42400 Small Tools & Equipment 92(4)687788 Total: 236.34 236.24 -^- 1,651.50 0,00 I ?/28/2015 January 2()16 Premium 1,651_5(1 1.651.50 211_5(1 0_00 13/28/2015 Ad For rink attendant 211.50 211.50 0.00 12/28f 2015 Bonus 25.00 5.00 0.00 12/2872015 Bonus 75,00 55,00 0.00 12./28/2015 PC 12;14/15 55,00 55.00 0.00 12/28/2015 CC 1315/15 55,00 1 60.00 38,08 0.00 12128/2015 Parts 38.08 38.08 1.598,00 0.00 12/28/2015 2x Thermal Cameras 1.598.00 - To Be Paid Proof List (1212S/15 - 1:26 PM! No 000)) N 0 0000 No 0000 No (1000 No (1000 No 0000 No 0000 No 0000 Page 3 Invoice Inv Date Amount Quantity Pint Date Description Reference Task pe (lose POLine FLIR 1ota0 1,598,00 GKSER\'IC Ci&K Services 1 1S743)568 12/09/2015 101-430-3100-44170 Uniforms 82439568 I oral: 1 I S745 1062 12/16/2905 10 1-420-3100-44 170 Uniforms 1 1 8245 !062 Total: Gl(„SERVIC GREATAM Great America Financial 18013354 12;16/2015 101-410-1940-44040 Repairs/Maint Contractual Eqpt 18013364 Total: GREATAM Total, .3420 100 12/2812015 Uniforrn No 0000 34.20 34.20 0.00 12/2812015 Uniforms 34.20 68,40 396.49 0.00 12/28:2015 Copier Maintenance. 396.49 396,49 No (MOO No (100(1 HC.)1,1D.AYC Holiday Credit Office 12115.(2015 65.23 0.00 12/28/2015 Fuel No 0000 101-420-2220-42120 Fuel. Oil and Fluid5 Total: 65,23 HOU DAYC Total: 65.23 HOTS Y ilotsylvlinneso(a.rorn 50595 12il4,12015 778.20 0,00 11'28/2015 Building repairs No 00(1(1 101-430-3 100-4-4010 RepairsiMaint Bldg 50595 Total: 778,20 HOTSY Total: 778,20 HILCON 11 & R Const. Co. 15751 I 2(09/2015 101-430-3 i 20-43150 Contract Services 15751 Total: HRCON Total: 7, I 31.00 0.00 12728,20 I 5 Guardrail repairs 7„ 131.00 7,131.00 JOHNSON& Johnson & Turner Attotncys 46405 12/09/2015 472.00 101-4 I (L1320-43040 Leal Services 46405 Total: 472,00 AP - To Be Paid Proof List (1212815 - I:25 PM) 0.00 12/28/2015 Massaac License Renewals No (10(10 No 0000 Nile 4 if.tv,(ke -46771 I ").;000015 10 t —1 I 0-1320-13040 Legal Services 46771 Total: 46-7S3 12.'09/2015 803-000-0000-22910 Developer Payments 46783 Total: 46803 12109/2015 803-000-0000-2291 0 Developer Payments 46803 1 otal: 4680-4 12/092015 10! -410-1320-43040 Legal Services 46804 Total: 46805 12/09/2015 S03-000-0000-22910 1)eveloper Payments 46805 Total: 46841 2/09t20 15 03-000-0000.-22910 Developer Payments 46841 Total: 46Q78 12(092015 I ti 1 -4 ?0-2150-43045 Attorney Criminal -(6978 Total: 46979 12109/2015 I 01-410-1.370-430-10 Legal Services 46979 'fowl: 47003 12/09/2015 I 01-410-1370-43040 Legal Services 47003 -rote. 47004 12/09/7015 803_000-0001.4-229 0 Developer Payments 47004 'fetal: .47005 12/0912015 101-410-1320-43040 Legal Services 47005 Total: JOHNSON& Total: KUNDE Kunde Forestry 1103 12/0812015 ,404-480-8000-13050 Other Park Ded Prof Services 1103 Total: KUNDE Total: ARSON Larson Diesel Service, Corp 151105015 I ")i-,81.)015 101-430-3100-44040 RepairsiMaint Eqpt AP - '10 Be Paid Proof List (12128115 - 1:26 P11 ,tollotlt Quantity Fint Date Descriptirm Reference 95,00 195,00 1,100,00 1,100.00 540,00 =;40.00 65.00 omo 7128S20 5 31\.! Litigation 0,00 12/28;2015 1.ennar 0.00 12.'28/2015 Rylatid.'Hammes 0,00 12.'2S/20(5 Burgess matter 'Fask. Type 111,) Close No 0000 No 0000 No 0000 ()(1011 65.00 760.00 0.00 I2178/2015 Hans Hagen Na 0000 760.00 490.00 0.00 i 2/28/2015 Arbor Glen No 0000 490.00 4.512.50 (.1.(0 12;28/2015 Prosecution No 0000 4,512.50 .97L0O 0.00 17,r75,!2015 Riley Bros Litigation No 0000 19').00 3.966,50 0,00 12;28/2015 Civil Matters No 0000 3,Q66.50 687.00 0,00 12 2)02015 Halycon Cemetery No 0000 68?.00 167.50 0.00 12/28/2015 Schiltgen Pond No 0000 167.50 13.142,50 (5,300.00 0,00 17/28/2015 Sunfish Lake Park 6,300,00 6.300.00 7.883.04 0.00 12/28/2015 MN Dot inspections repairs No 0000 No 0000 Page 5 th-voirre # illy Pate 151105015 Total: 151105018 I 1/1)5/7015 !p1-130_3100-44040 Repairs:Ailaint Eqpt 151105018 Total: 151 05022 11/05/2015 101-430-3100-44040 Repairs/Nlaint F.qpt 151105072 Total: LARSO1') Total: Lillie Newspapers inc. Lillie Suburban Acct 007148 I 1 00/2015 101-410-1320-43510 Legal PubIi1iig Acot 007148 1otal: Lillie Total: MARONEYS Mahoney's Sanitation, Inc 605594 12/10:2015 i 0 I -4 I 0-1940-43840 Refuse 605594 17;10/2015 101-420-7720-43840 Refuse 605594 12/10/2015 101-430-3100-43840 Rc6ise 605594 12/102015 101-420-2220-43840 Retitle 605594 1210,2015 206-450-5300-438.40 Refuse 605594 Total: NIARONEYS 3otal: Ei',IARDSO Menards - Oakdale 9211 17/05/7015 10 L-450-5700-42 I 50 Shop Niateria 92912 Total: 93313 12/10/2015 101-420-2220-42400 Small 'Cools & Equipment 93313 Total: 93378 12/1112015 101-420-2220-44010 Repairs/Maint 131(.1g 93328 'feral: 94169 17;22/7015 101-410-1940-44300 51 keel loneous 94169 Total: AP - To Be Paid Proof List (12/28115 - 1:26 PM antity Pint Date Description Reference Task Tvile PO # Close POLine 7,883.04 176.21 0.00 I 7/25;20 15 MN Dot inspections repairs 176.21 2 I 1..9.3 0.00 1 ,178. /2015 MN Dot repairs inspection 211.93 3271,18 73.81 (1.00 1228/2015 Notices 23.81 23.81 ! 17,94 0.00 17128120 15 Trash - City Hall 49.71 0.00 11'28/2015 Trash - Fire 216.67 0.00 12/28/2015 Trash - PW 216.67 0.00 12128/2015 Trash - Fire 49.89 0.00 1212812015 Trash - Library 645.88 645.88 143,06 0.00 1'2/28/2015 Supplies 4.74 0.00 12/28/2015 Replacement ice melt container 7 (L96 0.00 1212812015 Water filters 143,06 4.74 7 9,96 71.96 0.00 1712820 5 Water - North Buikling. 21.90 No No No No No No No No No No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 00110 0000 0000 Page 6 011:1? Inv Date Amount: 4,115antits hit( Dale Oescriptiott P.efuence MEN:11-MSO Total: 199,77 MILL ER FIX Excavatitia. [rte. Pay Reg 4 1ru1r/015 40Y-480-8000-43030 Engineering Services Pay Req 4 Total: M11,101: EX `Total: MSAPROF \1S,\ Prole.5sional Services_ Inc 2n 0i2015 601-494-04.0043030 EnInneering Servic* 7 1 otal: 1\4SAPROF Total; PIONEERP Pioneer Press 1(115520397 10130/2015 101-410-1320-43150 Contract Services 1015520397 Total: 1115520397 11130/2015 101-4 I 0-1320-43150 Contract Services 1115520307 1 oil: 1'1ONEERP Total: P()NA PS Pomp's Tire Service. Inc. 710202923 11' I 8/2015 101-130-3125-44040 Repairs/Maint Eqpt 21020292.3 Total: 210212597 121[6/2(115 101-430-3100-44040 Repairs/Maint Eqpt 210212597 Total: POM['S Total: VRCOOP River Country Cooperative 110012015 101-420-2220-42 20 Fuel, Oil and Fluids Total: RIVRCOOP Total: Task Type fT: (lose FOLine 248.523.00 0,00 1212812015 Eagle Point, Blvd 24R.523.00 24,S ,523.00 4,688_25 (400 12128;20 15 Inwood Booster Station 4.688,,5 4,688,25 884.60 11.011 12/2812015 Public Hearinttices 884.00 570.70 0,00 12;28/2015 Public Hearing Notices 570.70 1,455,30 2„334.68 0.00 12/2812015 Repair equipment 2,334.68 1,784.44 0,00 12_128/201.5 Repair Equipment 1,784,44 4,I1[?.12 I 10.9S 0.00 1272812(115 Fuel I 10.98 i 10.98 No 0000 No 0000 No 0000 No 0000 Nn 0000 No 0000 No 0000 - To Be 010 Proc_)1 List 2.12515 - 1:26 l'f\ 1 Page 7 Invoice # iuv Date Amount Quart(it, Prnt Date Deserip(ion RONHEINS Ron Heins Electric 2015-1006 12/07.12015 !01-000-0000-17280 Electrical Permit Revenue 2015-1006 Su rchm-ge 1210772015 101-000-0000-20801 Building Permit Surcharge Surcharge 'Total: Void Fee 12,1)7/2(115 If) I -000-01 0-32280 Electrical Permit Revenue Void Fee Total: RONHENS Total: SAFEFAST Safe -Fast, inc. INV 162403 12/18/2015 101-430-3100-44170 Uniforms INV 162403 Total: SAF FEAST Total: SAMSCLUB Sam's Club 12/0712015 101.410-1940-44300 Miscellaneous 12/09/2015 101-420-22'20-42000 Office Supplies 12/09/2015 101-420-2220-44010 RepairsiNlaint 131(1g, 12109/20 5 1-420-2220-44040 RcpairsA faint Eqpt total; S,ANISCIA_IB Total: S EH Short Elliott Hendrickson, Inc 307224 12103/2015 409-480-8000-43030 Engineering Services 307224 Fotal: 307474 12/07/2015 601-494-9400-43030 Engineering Services 307474 Total'. SEII -Total: SELECTAC SelectAccount 11317'18 1.7208,.'7015 101-410-1520-43150 Contract Services - f3c raid Proof List (1128/15 - 1:2( PM) 149.50 145.50 1.00 1.00 -75.00 -2500 124.50 115.15 115,15 115.15 44.01 60.56 17.61 8.50 130.68 130.68 5,182,36 5,132.36 5,297,67 5,297.67 10,480,03 Reference OAR) 2f28/7015 Refund void pormil 2015-1006 0.00 12128/201 5 Refund surchat ge 0.00 12/2812015 Fee for void permit - per schedule 0.00 12/28/2015 Shop clothes 0.00 0.00 0.00 0.00 12728/2015 12.08/20 I 5 12128/2015 12128/2015 0.00 12/2812015 0.00 Coffee & supplies - City Hall Batteries, supplies Cleaning supplies Charging cord storage 2016 Street Drainage & Ulility Improvnint 12/280015 Inwood Water tower 4.22 0.00 I 2/28P015 Participant Fee 12/01-12/31/15 Tosk Type PO tt Close POL.ine No No No No No No No No No No No 0000 0000 0000 0(100 0000 0000 0000 0000 )0)) 0000 0000 Page 8 In‘ ni cf. Ittv 1.12te. (,7(1UttitV Pmt Date Pescrivtion Reference 1 13 I 798 Total: 4.2 ) SFLECTAC Total: 4.72 'Cask Type PO it Close POI Atte ti SH ANECON ShaneCon. Inc 12:1)7/2015 14,090.00 0,00 1 )128/2015 :Meeting room renovation No 0000 206-450-5300-440 I 0 Repairs'Maint Bldg Total: I 4.090.00 SHANECON Total: 14,090,00 S'FCii CM IC Slate Chemical Solution!: 97480645 09.,./8r.70 I 5 363,80 0.00 1 2.128i2015 Orange - No 0000 10 -4 30-3 I 20-42240 Street Nlaintenanee Materials 97480645 Total: 363.80 STCH EM IC Total: 363.80 TDS TDS Metrocoin - LLC 651 -779-138,:2 17/13,2015 90.51 0.00 12/28/2015 Analog fines - Fire No 0000 101-420-2220-43210 Telephone 651-779-88S/7 12/1317015 2 I 1.69 0.00 12128/20 15 Analog lines - PW No 0000 10 i -436-'3100-43210 Telephone 651-779-R88i2 I 2,113120 I 5 83.56 0.00 12/2S/2015 Analog lines - lift station alarms No 0000 60-495-9450-432 I 0 'Telephone 651 -779-888.,2 19/131)015 43.73 0.00 I 2P8/2015 Alarm Well house 2 No 0000 601-494-9400-43210 Telephone 651-779-838/2 Total: 429.54 TDS Total: 429.54 I .KDA TKDA, Inc. 002015004060 12/1 1/2015 77.67 0.00 12/2877015 Eagle Point Blvd No 0000 409-480-S000-43030 Engineering Services 002015004060 Total: 77.67 0020 15004097 12/1 4/20 I 5 9„459,47 0.00 12/28/2015 Eagle Point Blvd No 0000 409-480-8000-1303 1 Engineering Services 007015004092 To4al: 9,459.42 TK DA Total: 9,537.09 TN101311 ET Mobile 947776095 12/1 I /2015 21.34 0.00 12;78,9015 SCADA Line No 0000 601-494-9100432 I 0 Telephone 947276095 Total; 21.34 AP - To E( Paid Proof List t 2128: 1 5 - !'.26 0:11 Page 9 InvoicehvDat,2 A(inn) Qum; tit)! Pmt Date Descuiptiun Reference 1-24: Type PO 0 Close POLiite TMOF31LE itI 21.34 IOOLGUY The Tool Guy, ! I f 15 12/010015 I 7.34 0,00 1 -,f2S00 15 Tools 101-430-3100-42400 Small Tools & Minor Equipment 1 I I 13 Total: 12„34 11389 12/01,;2015 47.99 0.00 12/.2S/2015 iools 101-430-3100-42400 Small Took & Minor .Egnipment 11389 Total: 47,99 11056 12/01/2015 171.90 0.00 I 2128/7015 Took 101-430-310042400 Small Tools & Minor Equipment 11656 Total: 171.90 11659 12:0112015 96.97 0,00 12228170 15 Tonis 101-430-2 100-42400 Small Tools & Minor Equipment 11659 Total: 96.97 TOOLGUY Total: 379.20 IRKUTI Truck Utilities Inc. 292645 17/16/2015 125.21 0400 12128/2015 Parts 101-430-3125-42210 Equipment. Parts 2926J-5 Total: 125.21 TRKUTI Total: 125.21 VFRIZON Verizon Wireless 9757082336 17; I 012015 101-470-27 )0-43210 Telephone 9757087336 Tot11: F RI7C)ti Total: WASHTAX Washington County 7016 12,./52/2015 01 .410_1520-44330 Dues & Subscriptions 2016 TOO: WASH)otal: WASItADIO Washington County 82433 12162015 101-430-3100-43230 Radio 82433 Tolol: 87434 12/16/2015 101-420-2120-43231.1 Radio - To Be Paid Proof ist 12/28:15 - 1:26 Pill 35,01 0.00 12;2812015 Wireless charges 35,01 35.01 750.00 0.00 1208!'7015 Wash County Website Renewal 750.00 250.00 3 09.06 0 00 pr) 80015 4th quarter radio usage 309.06 .1,914.76 0,00 17(78/7015 1;4Iy user lee For SOO MHz radios No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 0001) No 0000 No 0000 Page 10 Inv Dtt A mom,1 Quart lity Ptlit ()ate 1.h,seriplion Reforeure Task Type PC) 4 Close l'OLine # 32434 Total: WASRAD10 Total: WEND[ Wendt Kevin 12;11 I 5 M eet in 12114/2015 101-4 I 9-1110-44309 Miscellaneous 2/1.'15 Meeting Total: \VENUE' Total: Whiteani White Anita Cable 1222/2015 101-410-1450-43620 Cable Operations Cable Total: Whiteani Total, XCEL Xcel Energy 1132015 11130/2015 101-450-5200-43810 Electric 1132015 11130/201.5 101-430-3160-43810 Street Lighting 1 132015 11/30/2015 602-495-9450-43310 Electric Utility 1132015 1 I/3012015 1DI-430-3169-43S 10 Street Lighting 1132015 11/3012015 601-491-9400-43310 Hectric Utility (132015 Total: XCEL Total; Report Total: - To Be Paid Pr(of' List (12;2,3115 - 1:26 010) 3,914.76 4,223.S-" 1„01'7.50 1.01?.50 1,012.50 55.00 55*00 55,00 !,07 31. I 7 162.50 1..834.39 96641 3,905.54 3.005,54 349,900,1 I 0.00 12/28)2015 Parlinientarian E:pensc - 2/1 CC Meeting 0.00 12/28120 15 Parks I 1-2 I ;15 !2l2S/2015 Utility Se -vices 0.00 12128/2015 Utility Services 17/28/2015 Utility Services 0.00 12.'281201.5 Utility Services 0.00 12/2S/2015 Utility Services 0(10 0.00 No No No No No No No 01100 0000 0000 900(t 0000 0000 0000 Page 11 Accounts Payable To BePaid Proof List 1.1ser: PanyB Printed: 12130/2015 - 2:25 PM Batch: 007-12-2015 lOiroice Itn Date Amount Quantity Pint Date Description Reference Task. Type PO # Close POUne # ,AM DAHL Chris Amdahl Locksmith, Inc 12099 12/75/21E5 244.00 0.00 01 /05/2016 PW lever lock installation No 0000 1(11-430-31 00-44010 Repairs/N1 aim Bldg. 12099 Total: 244.00 AMDAHL. Total: 744.00 ASPENMI Aspen Mills, Inc. 174667 17172/2015 109.90 0.00 01/0512010 Uniform boots - Jorgensen No 0000 10 I -470-722.0-44170 Uniforms 174667 Total: 109.90 ASPENMI Total: I 09.90 CARDMEMB Cardmember Service 12702015 12/20/2015 101-430-3100-44300 Miscellaneous 12202015 1212012015 101-420-2220-44300 Miscellaneous 17202015 12/20;7015 101-420-2220-42400 Small Tools & Equipment 12202015 12/20/2015 101-410-1450-43 180 Information Technology/Web 12202015 12/20/2015 I 01-430-3100-431SO Information Technology/Web 12202015 1 2120/20 1 5 101-420-2400-44370 Conferences & Training 12202015 12/70/20 15 I 01-420-7400-42 120 Fuel, Oil and Fluids 12202015 12/2(1/2015 206-450-5300-42000 Office Supplies 12202015 Total: CARDMEMB Total: AP - To Be Paid Proof List ((2/30115 - 2:25 PM) 1,198.02 0.00 01 /0512016 Misc items - No 0000 64.26 0.00 01/05/2016 Holiday No 0000 769.65 0.00 01/05/2016 Tool box liners for ladder - No 0000 45.00 0.00 01/0512016 Constant Contact No 0000 50.00 0.00 01 /05./2016 Software monthly fee No 0000 550.00 0.00 01105/2016 Continuing Ed No 0000 175.52 0.00 01/05/2016 Fuel - No 0000 7.81 0,00 01105/2016 Supplies No MOO 2,360.26 2,360.26 Page I Invoice 4 Invfl8te Amount Quantity Pint Date Description Reference Task Type PO Close POLioc if CENTPOW Century Power Equipment 676531 1 '/18/2013 101-4 )0-2220-42400 Small Tnols & Equipment 676531 Total: CENTP OW Total: 1,254.86 0.00 91/05/2016 Replacement cut off saw No 0000 1,254.86 1.)51.86 CENTURYL CenturyLink 12192(113 12/190015 100,72 206-450-5300-43210 Telephone 12102015 121912015 115,00 706-450-530043250 Internet 12192015 Total: 224.72 CENTLIRYL Total: 224.72 0,00 01/0512016 Phone Service - Library 0.00 01/05/2016 Internet Service - Lihrtny 0000 No 0000 COLENIER Colemer Jamie 12;28/2015 79.99 0.00 01i05/2016 Work boots reimbursement No 0000 101-450-5200-44170 Uniforms Total: 79.99 COLEM ER Total: 79,99 CTYSTPAU City of St, Paul 13197 12/0212015 101-430-3120-42240 Street Maintenance Materials 13197 Total: CII"STPAU Total; DWINC D. W. INC. 210594 12/23/2015 101-00-2220-44040 Repairs/Mang Eqpt 210594 Total: DWINC Total: 452.08 0.00 01/05/2016 Asphalt No 0000 4C-1.08 452.08 39.39 0.00 01/05/2016 Repair chain saw No 0000 39.39 39.39 EMERGRES Emergency Response Solutions 5404 12/15/2015 1,685.17 0,00 01105/2016 Drop rand replacement & handle kit No 0000 101-420-2220-42400 Small Tools & Equipment 5404 Total: L685,17 EMERORES Total: 1,685.17 AP -To Be Paid Moor List 1,12/30/15 - 2:25 PM) Page 2 # In Date H & L LI & L. Mesabi Corp 94737 1711(1/2015 10! -430-3125-44040 RepairsAlaint Eqpt 94737 Total: H & L. Total: Amount Qinuility Pint Date Description Rcfei-erie Task Type Close POLine 1,283.07 1..383.07 1.283.07 0.00 01 /05/20 ! 6 Plow blades HDSUPPLY HD Supply Waterworks, Ltd. P546406 17109/7015 10,460,00 0,00 01/05I2016 Sensus upgrade 601-494-9400-42270 System Maintenance E546406 12/0912015 7,910,00 0.00 01/05/2016 Meters 601-494-9400-423W Water Meters & Supplies E546406 Total: 18,380.00 HDSUPPLY Total: 18,380.00 FIUNTELEC Hunt Electric 9962B 12/23/2015 101-000-0000-1 1500 Accounts Receivable 9962B Total: HUNTELEC Total: KIMMESB Kinunes-Bauer, 44179 12721/2015 601-494-9400-43030 Engineering Services 44179 Total: KIMMESB Total: LENNAR Lennar Family of Builders 2014-278 17/22/7015 803-000-0000-22900 Deposits Payable 2014-778 Total: 2014-3(16 12/22/2015 303-000-0000-22900 Deposits Payable 2014-306 Twat: 2014-74.5 12/72,/2015 803-000-0000-22900 Deposits Payable 2014-745 Total: 2014-800 17M,'2015 803-000-0000-22900 Deposits Payable 2014-800 Total: 2014-801 17/72/2015 803-000-0000-22900 Deposits Payable 2014-801 Total: AP - To 13c Paid Proof List (12/3(1/15 - 2:25 PM) 39.50 0.00 01/05/2016 Refund check - West Lakeland Property 39,50 39.50 3.215.00 0.00 01/0512016 Test Well 4 Abandoning & Sealing 3,2 I 5.00 3,215,00 No 0000 No 0000 No 0000 No 0000 No 0000 5,000.00 0.00 01/05/2016 9804 7th Street - No 0000 5,000,00 5.000.00 0.00 01/05/2016 9871 7th Street No 0000 5;000.00 5,000.00 0,00 01105/2016 9837 7th Street No 0000 5.000.00 5,000,00 0.00 01/0512016 9785 7t0 Street - Escrow Release No 0000 5.000.00 5,000.00 0.00 01105/2016 9811 7th Street No 1.1000 5.00(1.00 Page 3 IS/VOICOhv Pfth= AM011itt QUatitity Pint Date Description Reference 'cask Type PO # Close POLine 2014-850 12.22/1015 803-000-0000-27900 Deposits Payable "1014-850 10)30 2015-114 17/72;2015 803-000-0000-72900 Deposits Payable 2015-1 14 Total: LENNAR Total: MENARDSO Menu& - Oakdale 93297 12'10/2015 101-410-1940-47230 Building Repair Supplies 93797 Total: 94036 12/70/2015 101-450-5200-42150 Shop Materials 94036 12/70/7015 101-450-5700-42400 Small Tools & Minor Equipment 94036 Total: 941 1 1 12%21/2015 101-450-5700-42150 Shop Materials 941 1 1 Total: 94323 12/23.'7015 101-450-5200-42230 Building Repair Supplies 94323 Total; MENARDSO Total: MILLERF.X Miller Excavating, Inc. 20175 12121/2015 601-494-9400-42270 Utility System Maintenance. 20175 Total: MILLEREX RCM RCM Specialties, Inc 5279 17/1S/7015 101-430-3170-42740 Street Maintenance Materials 5279 Total: RCM Total: SPRIN r Sprint 76195.0227-150 12/15/2015 101-410-1940-43210 Telephone 761 q502)7-150 12115/2015 101-420-2220-43210 Telephone - To Be Paid ProofLis( ( 12;30'15 - 2:25 961,1 5.000,00 0.00 01/052016 9823 701 Street No 0000 5;000.00 5,000.00 0.110 01/05/2(116 9797 7th Street No 0000 5,000.)0 35,000.00 99,97 0,00 01/05/2016 COlcIas alarm No 0000 99.97 I 05.74 0.00 01;05/2016 Shop supplies No 0000 149.00 0.00 01105/2016 Belt sander No 0000 754.74 31.78 0.00 000.512016 Shop supplies No 0000 31.78 63.94 0.00 01105/2016 Building repair supplies No 0000 63.94 450.43 5,283.61 0,00 01/05/2016 Water main break No 0000 5.283.61 5,2S361 194.56 0.00 01/05/7016 Emulsion N o 0000 194,56 194.56 61.62 0.00 01/05/2016 Cell phone - Admin No 0000 3.78.75 0,00 01105/2016 Cell phone - Fire No 0000 Page 4 InYaiec lov Date Amount Quantity Putt Date Description Reference 761950227-150 12:1.512015 101-470-2400-43910 'Telephone 76195(1227-15(1 12115/2015 I 01-430-3 I 00-43210 Telephone 761950227-150 12/15/2015 I 01-450-5200-43210 Telephone 761950227-150 12/15/2015 101-410-1450-43210 Telephone 761950227-150 12/15/2015 101-410-1910-43210 Telephone 761950227-15(1 Total: SPRINT Total: STREETER Streeter & Associates 8633 12/29/2015 80-000-0000-22900 Deposits Payable 8633 Total: STREETER Total: TITAN Titan Machinery 584637-C1 12i22/2015 I 01-430-3120-43150 Conlraci Services 584637-CL Total: TITAN Total: ZACK Zack's, Inc. 30938 12112/2015 101-430-3100-42150 Shop Materials 30938 Total: ZACK Total: Report Total: - To Be Paid Proof List (12130/15 - 2:25 PM) Task Type PO # Close POLine # 44,09 0.00 01/05/2016 Cell phone - Building - No 0000 87.45 0,00 0 I/05/2016 Cell phone - 1"W No 0000 122.29 0.00 01/05/2016 Cell phone - Parks No 0000 57,04 0.00 01/05/2016 Cell phone - Taxpayer services - No 0000 15.35 0,00 01/05/2016 Cell phone - Planning No 0000 767.40 767.49 5,000.00 0.00 01/05/2016 Refund Escrow - 1 1 80 50th St No 0000 5,000,00 5.000.00 997.32 0.00 01/05/2016 Repairs No 0000 997.32 997.32 506.69 0.00 0105/2016 Shop supplies 000U 506.69 506,69 77,568.04 Page 5 Accounts Payable To Be Paid Proof List User: Patty Printed: 12/3012015 - 244 PM Bath: 008-12-2015 In -:thee # Inv Date Amount Quantity Pint Dnte Description Reference LEASSOC Lake Elmo Associates, LLP Jan 16 2.'30/2015 101-4 0-1940-44120 Rentals - Buildin Jan 16 Total: LEASSOC Total: 2,461,00 0.00 01/05/2016 January 2016 Rent 2,461,00 2,461,00 Task Type PO # Close POLitte # No 0000 NCPERS 56620 -NCPERS 5662915 12/30720 15 96,00 0,00 01705,12016 January 2.016 premium No 0000 101-000-0000-2 I 708 Other Benefits 5662915 Total: 96.00 NCPERS Total: 96.00 Report Total: 2,557,00 AP - To Be Paid Proof List 02/3(7/15 - 2:44 PM) Page 1 ; ("''' ;-* E E-r' -EN .r d!jr '''eF ; DATE: January 5, 2016 CONSENT Resolution 2016-01 ITEM # 3 AGENDA ITEM: Designate Official Depositories of Funds SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Julie Johnson, City Clerk SUGGESTED ORDER OF BUSINESS (if removed from Consent): 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 Director; State law mandates that the City designate Official Depositories of Funds annually. FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is requested to approve Resolution No. 2016-01; Designating the Official Depositories of Funds for 2016. 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 designate Lake Elmo Bank, Wells Fargo Bank, Northland Securities and Morgan Stanley Smith Barney LLC as the official depositories for the City of Lake Elmo for 2016." LEGISLATIVE HISTORY: Pursuant to State Statute 427.01 et seq, the City Council is respectfully being asked to designate official depositories for 2016. Based upon past practice as well as current and likely future needs, it is recommended that the following, be designated as the official depositories for the City of Lake Elmo for 2016: • Lake Elmo Bank -- page City Council Meeting [Consent Agenda Item ;=;'5.1 January 5. 2016 Well Fargo Bank Northland Securities Morgan Stanley Smith Barney LLC BACKGROUND INFORMATION (SWOT): Strengths All financial institutions are financially sound and meet the City's needs for depositories of public funds. Weaknesses There are no identified weaknesses. Opportunities Continue to identify opportunities to maximize deposit returns. Threats There are no identified threats. RECOMMENDATION: The City Council is requested to approve Resolution No. 2016-01; Designating the Official Depositories of Funds for 2015. As part of its consent agenda, no specific motion is required. If Council wishes to remove this item from the consent aLrenda, the recommended motion is as follows: "Move to designate Lake Elmo Bank, Wells Fargo Bank, Northland Securities and Morgan Stanley Smith Barney LLC as the official depositories or the City of Lake Elmo for 2016." ATTACHMENT: 1) Resolution No. 2016-01 -- page 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2016-01 A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES OF FUNDS FOR 2016 WHEREAS, Minnesota Statutes, Chapter 427, requires the adoption of certain policies and procedures pertaining to the deposit of public funds; and WHEREAS, the statute also requires the designation of an official depository of funds by a local government each year within 30 days of the beginning of the fiscal year. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the following financial institutions are hereby designated as the Official Depositories of Funds for 20] 5: • Lake Elmo Bank • Well Fargo Bank • Northland Securities • Morgan Stanley Smith Barney LLC ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS FIFTH DAY OF JANUARY 2016. CITY COUNCIL CITY OF LAKE ELMO By: ATTEST: Julie Johnson City Clerk Resolution 2016-01 Mike Pearson Mayor i,;111 AKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Designation of Official Newspaper Julie Johnson, City Clerk Julie Johnson, City Clerk Julie Johnson, City Clerk DATE: January 5, 2O6 CONSENT ITEM # 4 SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ....,...„...., ........ City Administrator Report/Presentation.............,..........,.......................City Administrator Questions from Council to Statf...........„........ ...... ............. ..... Mayor Facilitates Call fOr Motion, ..... Mayor & City C'ouneil ...... ............. ..... Mayor & City ('ouncil Action on Mayor Facilitates POLICY RECOMMENDER: Designation is mandated by state law. FISCAL IMPACT: SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to designate The Oakdale -Lake Elmo Review as the City's official newspaper of record for 2016 and to designate the St. Paul Pioneer Press as the alternate official newspaper to be used on an as needed basis. As part of its consent agenda, no specific motion is required. Should council choose to remove this item from its consent agenda, the recommended motion for this action is as follows: "Move to designate the Oakdale -Lake Elmo Review as the official newspaper ofrecordfor 2016 and designate the St. Paul Pioneer Press as the back-up official newspaper on an as needed basis." LEGISLATIVE HISTORY: Pursuant to Minn. State Statute § 412.831, the City Council is to select an official newspaper of record for legal publications. From a financial and timeliness perspective, City Staff has had an effective working relationship with The Oakdale -Lake Elmo Review as its official newspaper for the past few years. The Oakdale -Lake Elmo Review meets all statutory requirements for legal publications, has a reasonable publication schedule/deadline for submission, and its rates for publication are very competitive. -- page City Council Meeting January 5, 2016 [Consent' Agenda Item 41 The St. Paul Pioneer Press has been the back-up legal publication due to its shorter turn -around for unexpected and time sensitive publication needs. Due to its much quicker publication and vastly greater circulation, the Pioneer Press remains a viable back-up option. The City did not receive a proposal from the Pioneer Press. RECOMMENDATION: The City Council is respectfully requested to designate The Oakdale - Lake Elmo Review as the City's official newspaper of record for 2016 and to designate the St. Paul Pioneer Press as the alternate official newspaper to be used on an as needed basis. As part of its consent agenda, no specific motion is required. Should council choose to remove this item from its consent agenda, the recommended motion for this action is as follows: "Move to designate the Oakdale -Lake Elmo Review as the official newspaper ofrecordf�r 2016 and designate the Si. Paul Pioneer Press as the back-up official newspaper on an as needed basis." AUTHORITY: 2014 Minnesota Statutes § 412.831 OFFICIAL NEWSPAPER "The Council shall, annually at its first meeting of the year, designate a legal newspaper of general circulation in the city as its official newspaper, in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner." ATTACHMENTS: 1. Lillie 2. St. Croix Valley Lowdown -- page S burban Newspapers, Inc. Julie Johnson, City Clerk City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Dear Ms. Johnson: 11. 2515 E. Seventh Avenue North St. Pau!, MN 55109 (651) 777-8800 December 14, 2015 Thank you for the opportunity to bid on public notice publication services for the City of Lake Elmo, The Oakdale -Lake Einw Review has been serving the needs of the Lake Elmo area for 44 years, and is pleased to provide ongoing coverage of city government and school issues and community events. Each week. ‘ve mail over 1600 copies to residents and businesses in the city of Lake Elmo, Lillie Suburban Newspapers is the oldest weekly newspaper company in the St. Paul area. It was founded in 1938 by the late T. R. Lillie, His grandsons, Jeffery Enright and Ted H. Lillie, are continuing the family tradition of publishing award -winning community newspapers in the St, Paul suburbs. It is our sincere desire to provide the best possible local news coverage in the Lake Elmo area. Our experienced news staff provides readers with a well-balanced, lively and informative product each week. We realize that Lake Elmo area residents look to us as one of their primary sources of information about city activities and meetings, and we will continue to publish the city's press releases and photos. Lillie Suburban Newspapers has the official designation of the neighboring communities of North St. Paul, Maplewood and Oakdale, to name a few, as well as the North St. Paul -Maplewood -Oakdale School District. 4 P.M. Thursday is the deadline each week for submitting public notices to our office. Public notices should be directed to Kitty Sundberg, Lillie Suburban Newspapers, 2515 E. Seventh Ave,, North St. Paul, MN 55109. Our fax number is 651/777-8288. Notices may also be sent via e-mail to: legals@lillienews.com Legal publication rates for minutes, advertisements for bids and other notices are as follows: $5.70 per column inch for a one-time publication $5.55 per column inch for each additional publication Thank you for considering the Oakdale -Lake Elmo Review as the official legal newspaper for the. City of Lake Elmo for 2016. If you have any further questions, don't hesitate to call us. Jeffery Enright Publisher 1 ...sr • manzu,-rft. dozasamat Ramscy County P.evIcAv a Maplc,,voutl Review Oakdale -Lake F.:111101,:rNiew Revinv l'erspcarvQ!; New Brighton Huller -an ^ Sholvvv St.AritliorrythrlIcrArt Sorath-Mlest:1),cview Roseville -Little C.:Arvada12..eview *Woo(lhory-Scructi MapkAvood R.oviL:w Easr Sick IL.eview . - . Publications 4779 Bloom Ave., White Bear Lake, MN 55'110 . Phone: 651-407-1200 . Fax: 651-429-1242 December 11, 2015 Ms. Julie Johnson City of Lake Elmo 3800 Laverne Avenue Lake Elmo. MN 55042 Dear Ms. Johnson: The St, Croix Valley Lowdown wishes to be considered as your designated newspaper for 2016. We meet all the legal publication requirements under state statutes. Our circulation is audited by Verified Audit Circulation, an independent firm. We offer submittal of legal notices by mail, fax at (651) 429-1242, or e-mail to legalsO,nresspubs.corn. Please clearly identify them as "Legal Notices," The rate will be $7.06 per column inch, in 7-point type at 9-lines per inch. Our deadline for legal notices is Thursday noon for the next- Friday's publication. We look forward to the opportunity to serve you. We welcome any questions or concerns you may have. Sineer Carter Johnson Publisher Mise1,akcE1rno20 I 6Aoc isa Graber Legal Notice Coordinator Your Best Source For Community irroforynation White Bear P tess Vadriais Heights Press o Quad Community Press R' Shoreview Press o The Citizen 0 The Lowdown North Oaks News riews,f-Ppronspubt-,..c:oria ppcomp@prescpubs-.com madengapub,co ppcirc@presspubc„,com \KEELM(,) DATE: January 5, 2016 CONSENT ITEM # 5 AGENDA ITEM: Planning Commission Re -Appointments SUBMITTED BY: Joan Ziertman. Planning Program Assistant THROUGH: Clark Schroeder. Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner SUGGESTED ORDER OF BUSINESS (if removed from the Consent A2enda): Introduction ()I' Item ..... I)evelopment Director Report/Presentation........... ........ ...........Community Development Director Questions livin Council to Staff._ ..... ....... .............. Mayor Facilitates Call for Motion ....... ..... ..... Mayor & City Council Discussion ....... ........................ ..... Mayor & City Council Action on Motion.............. ...... ........ ......... Tvlayor Facilitates POLICY. RECCOMENDER: Staff is recommending that the City Council re -appoint Dale Dorschner. Dean Dodson and MITI Kreimer as a Full Voting Members of the Planning Commission. as their respective terms have expired at the end of 2015. FISCAL IMPACT: None SUMMARY AND ACTION REOUESTED: The City has received notification from Commissioner Dale Dorschner, Commissioner Dean Dodson and Commissioner Torn Kreimer that they are all are interested in serving an additional three-year term on the Planning Cornmission. Under the City's Ordinances, all of these members are eligible to serve an additional term. Stuff recommending that the City Council re -appoint Dale Dorschner, Dean Dodson and Tom Kreimer to the Planning Commission as part of the Consent Agenda, If removed from the Consent Agenda, the recommended action can be approved through the following motion: "Move to re -appoint Dale Dorschner, Dean Dodson and Tom Kreimer to the Planning Commission to serve an additional three -'ear term." page 1 -- City Council Meeting January 5, 2016 LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The Planning Commission consists of 7 Full Voting Members and 2 Alternate Members. hill Voting Members fill established seats or ten -is on the Planning Commission. Each official term lasts a period of three years. It is also important to note that the terms are staggered to ensure that not all seats or terms expire within the same year. At this time, the roster consists of 7 Full Voting Members and 2 alternates. Based upon the City's current procedures pertaining to the membership of the Planning Commission. three terms are now officially expired and require reappointment. These terms are filled by Dale Dorschner. Dean Dodson and Tom Kreimer. Per the City's rules. each member of the Planning. commission is eligible to serve two three-year terms. As it currently stands, reappointment of Commissioners Dorschner and Dodson would be their first full three-year term, as they were previously finishing out a term for a vacated position. Reappointment of Commissioner Kreimer would he for his second three-year term. The charts in Attachments #3 and #4 should help describe the current and proposed status of the Planning Commission. SWOT: Strengths: The three members up for re -appointment are experienced commissioners who are knowledgeable about the role and procedures of the Planning Commission. Weaknesses: None Opportunities: Re -appointment of Dale Dorschner. Dean Dodson and Tom Kreimer, supports the membership of the Planning Commission with three experienced Commissioners, thereby helping to fulfill its role as the land use advisory body to the City Council Threats: Failure to re -appoint these members would reduce the Planning Commission roster to 6 members, which could easily reduce the likelihood for a quorum of the Planning Commission. 10,cc)mmENpApoN: Based on the med, Staff is recommending that the City Council re -appoint Dale Dorschner, Dean Dodson and Toni Kreimer to the Planning Commission as part of the Consent Agenda. If removed from the Consent ,4genda, the recommended action can he approved through the fVlowing motion: "Move to re -appoint Dule Dorschner, Dean Dodson and Tom Kreimer to the Planning Commission to serve an additional three-year term." -- pave 2 -- ( ^ � | City Council Meeting JanoarI5.2O|6 ATTACHMENTS: __ ). Date DorschncrEmail 1nServe Additional Tenn 2 Dean Dodson Email to Serve Additional Term 3. Torn KreimuerEmail to Serve Additional Tenn 4. PlanninaCommission Status —20\5 5. P|anoin�ConmmisuionStatus — Proposed for 2D|6 —pn�3— Joan Ziertman From: daled onzhner@«omcastoe1 Sent: Saturday, November 21,2OI56:2QPK4 To: JuanZiemnan [c Uean,dodson@gmaUconTGary Fields (g|fie|dsI@Ugnnai(zmm)I-Kathy Haggard (haggardf;lve@hm\nnaiicom);Rolf Larson (ha|ver@nnaccom,'; tuddvviUi@)oomcastnet Torn. Kreimerrtkneimer@oomcast,ne��Wendy Griffin; Stephen yVcnsman�dunnG6 @qzom;GerjanninGozo|a.AI[P;Clark Schroeder; Julie Johnson: mikepsarsonID65 VgyahnozonTJustin B|oypr;Jill Lundgren; Anne Smhh�Julie pfflet Subject: Re: Planning Commission Agenda and Packet for II-23'I5 Meeting | would like tobcreappointed /nx Sent from my iPhone OnNov l9'ZU15'at4:I4PM, Joan Ziertmanwrote: Members of the Planning Commission: Please find attached acopy ofthe agenda and packet for the November 2J'70I5P|annin�[nmnnbsion meeting. The packet has been mailed out toyou this afternoon. | have not had a chance to get the November 91h minutes done yet, but I will get them done for the next meeting. I have been working on updated zoning code books for everyone, so if you have an old one, please bring itb»the meeting and \ will get you anupdated book, | will try tohave those available for each ofyou at «Wunday'srnoeting. I have also attached an updated list of Planning Commission appointments and terms. VVehave 3 Commission members whose terms are up at the end of the year, Tom, Dean and Dale, /fyou are interested in being re -appointed for another term, please send me o quick email stahn�that you would like tobere-appointed and wewill get that onthe Council agenda atthe first meeting ofthe year. Thank you! lnanZie/tnan Planning Program Assistant 65I-747'3918 jo�nI'e�man6�|ake�/moo/� <9lann{ngCounnission Appointments and Terms 12'31.1Ipdf> <l>.Z3.l5Planning Commission Packot.mjC^ Jman35ertman From: Sent: To: Dean Dodson <dcan/jodozn@gmail corn / Tuesday, December OI.2OI3 61IPK4 joanZiertnnon RE: Planning Comrnio'on Agenda and Packet for lI-23'I5Mee Hi Joan, Sorry, thought ('d responded— | am interested inserving another 3 year term, Thanks/ Dean From. Joan Zi*rtman [mai/to:1Ziertman@|akee|mo.org] Sent: Tuesday, December 1,2OI5 I:45 PM To: 'Dean Dodson' (dean.dodsun@OnnaU.cnm)<dean.dodso^@gmaiicom> Subject: FVV:Planning Commission Agenda and Packet for II'23'lSMeeting Hi Dean, g I was working on a memo for reappointments for planning cornniiss>on, but I don't see where | received anemail back from you asking tnb:reappointed, Were You intereskedin�erviqanother 3year term? |fyou could judlet n/eknow if you are interested in being reappointed, or if you have decided not to seek reappointment, I would apprcciate it. }oanZiertman Planning ProgemAssistant 55I'747-39I8 ]oan.DerrmanPbkep/nnonn< From: Joan Ziertman Sent: Thursday, November l3.IOl54:I]PK4 To�'da|edorschner@cpmcastnet''Dean.dudsnn@Qmaiioom' ^Dean.dndsonP�7maiicom»; 'Gary Fields (s|fie/ds2®r,r�maiicom>' <F|fie/dsl PgnnaUcon/>; 'Kathy Haggard (ha2gardfive(aJhormaiicnm)'<happa/dfivela-)hotmaiirmm>;'Rolf Larson (ha|vpr(d-)nnacznn?)'<ha|vp'(C-,Pmacrnm>; 'toddvviUi@comcast.net'<toddwi|/i��onmcas1,oet>;'Tom Kre|merhkeimar0�comms<oej'^tk^m e�er0Dm cnco�toei>; 'VYendyGdMMn'^wxr��nnfn�nmodorg,>; Stephen VVensman<gYJen5manPc(akee|mm.o/Z>;'dunn8G8pq.com' <dunn8bCcvoznm>;'Benjamin Gozo/a'A|[P'<GEnzo!nC�Ll�ambotph.cono> Cc. Clark Schroeder <[Schroeder��(akee/mo,org>;Julie Johnson <Unhnson-P|akee|mo.on<>, 'nnihepearsonl965@yahoo.com'<mikeoearsnnI955(@vahon.com>;Justin 8|oyer</b|overCa|akee/mo.o,g>|Jill Lundgren <JLundRnen(�a)|akee|moorv>;'Anne Smith' xaoneismithVamsncomz;Julie F|hOet'JF|iUeLc-a)|akee|mu,00P,> Subject. RE: Planning Commission Agenda and Packet for 2I-23'25Meeting Members of the Planning Commission: Please find attached a copy of the agenda and packet for the November 23, 2015 Planning Commission meeting, The packet has been mailed out to you this afternoon. i have not had a chance to get the November 91' minutes dune yet, but | will get them done for the next meeting. ( have been working on updated zoning code books for everyone, so if you have an old one, please bring it to the meeting and | will get you unupdated book. | will try tohave those available for each ofyou ntK4onday'omeeting, Joan Ziertman From: Tom Keime,<tkoinier@comcanneI> Sent Sunday, November22,2OI59/4lPM To: ]oanZiertman Subject- Re: Planning Commission Agenda and Packet for 11-23-15 Meeting HiJoan' | would like to be re -appointed. Regords- TomKreimer From: "Joan Zksrtnlmn"<JZiertman8D/akee|nno.orB> To: da|edo[oohner@oonncoot.net. "Dean dnUson"<Dean,dodSon@onnaU. c0rn». "Gary Fields (gifie|do1@Qmaiicom)^<g|fie\ds1@gnnaiicorn;>."Kathy Haggard (ha8gardfive@hotrnail. com)" <hagqardYve@hcdnnai|,corn>. "Rolf Larson (ha|ver@moc.com)' <ha|ver@rnac.com>. \oddwiUi@comcaat,net. "Torn Knainner(tkpeinner@corncast.net)" <kreirner@nucncast. nmt>. 'VVendy Griffin" <wgrUf)n@rnnwod org> "Stephen VVensrnan''<SVVensrnan@|akae|rno,org>.dunn8O@qnorn."Benjamin Gozo|a.A|CP' <BGozo|o@oannbatek.cnrn> .o: "Clark Schroeder" <CSchroeder@|akeo|nno.org>. "Julie Johnson" <JJohnaon@|okee|mo.or0>. nniKepearson1965@yahoo.com. "Justin B|oyer''<'b|oyer@|ahee|mnurg>. ''Ji|| Lundgren" <jLundgrmn@|okee|nno.orQ>. "Anne Smith" <ann jurnith@mnn.conn>. "Julie F|if/e1''<JF/if|et@(akee|nnoorg' Sent: Thursday, November 19.2O154:14:O3PK8 Subject: RE- Planning Commission Agenda and Packet for 11-23'15Meeting Members ofthe Planning Commission: Please find attached a copy of the agenda and packet for the November 23, 2015 Planning Commission meeting. The packet has been mailed out tnyou this afternoon. | have not had achance toget the November 9'"minutes done yet, but | will get them done for the next meeting. | have been working onupdated zonin�code books for everyone, su�k you have meeting and } will get you anupdated book. | will try tohave those available for each nfyou atK8onday'smeeting. I have also attached an updated list of Planning Commission appointments and terms. VVehave 3Commission members whose terms are upatthe end ofthe year, Tom, Dean and Dale. |fyou are interested inbeing re -appointed for another term, please send me a quick email stating that you would like to be re -appointed and we will get that on the Council agenda atthe first meeting ofthe year, Thank you! Joan Ziertnan Planning Program Assistant 651-747'3918 own,Z'ertmao@|akep|mo,orp, THE CITN' OF JAKE ELMO 2015 Planning Commission Appointments and Terms Commissioner Seat HI: Todd Williams Seat #I:Rolf Larson Seat #3:Tom Kneime, Term Seat #5�Dean Dodson * Seat #6.Kathy Haggard 1 Seat#7: Gary FieldsI" Alternate., Wendy Griffin N/A 2 nd Alternate: Susan Dunn N/A N/A N/A * Term Expires Eligible toreapply for 3 year term? 12/31/2017 No 1I/31/3017 Yes 12/31/20I5 Yes 1I/3I/2815 Yes (Eligible toserve two additional terms) 1I/3I/I015 Yes (Eligible toserve two additional terms) 1I/31/20I6 Yes I2/31/2016 Yes (Eligible to serve two additional terms) N/A N/A *Denotes that the current term fills aprevious vacancy. THE CITY OF LA K E ELMO 2016 Planning Commission Appointments and Terms (proposed) Commissioner Seat #1: Todd Williams Seat #2: Rolf Larson Seat #3: Torn Kreimer Seat #4: Dale Dorschner Seat #5: Dean Dodson Seat #6: Kathy Haggard Seat #7: Gary Fields 13' Alternate: Wendy Griffin 2nd Alternate: Susan Dunn Term Term Expires Eligible to reapply for 3 year term? 2 12/31/2017 No 1 12/31/2017 Yes 2 12/31/2018 No 1 12/31/2018 Yes 1 12/31/2018 Yes 1 12/31/2016 Yes 12/31/2016 Yes (Eligible to serve two additional terms) N/A N/A N/A N/A N/A N/A *Denotes that the current term fills a previous vacancy. (,11-1 )1, KE ELM(T) DATE: January 5, 2016 REGULAR ITEM # AGENDA ITEM: Reappointment of Park Commission Members SUBMITTED BY: Julie .Johnson, City Clerk THROUGH: Julie Johnson. City Clerk REVIEWED BY: Clark Schroeder, Interim Administrator 6 SUGGESTED ORDER OF BlISINESS: Introduction of Item ....... ......... Clerk/Assistant City Administrator IZeport/Presentation.........................City Clerk/Assistant City Administrator Questions from Council to Nlayor Facilitates Call liar Motion ..... Mayor & (..'ity Council Discussion ... .................. ........ Mayor & City Council Action on ....... M,ayor Facilitates POLICY RECOMMENDER: City Code. Staff FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to reappoint Shane Weis and Mary Frick to the Lake Elmo Park Commission. Based on staff research, both were serving their first term that have expired on December 31, 2015. Staff recommends reappointment to a second 3 year term for each individual. If removed from the Consent Agenda, the motion for this action is as follows: "Move to reappoint Shane Weis and Mary Frick to the Lake Elmo Park Commission three year term." LEGISLATIVE HISTORY: Pursuant to Lake Elmo City Code. Park Commissioners are appointed to 3 year terms by the City Council. Park Commissioner's terms are staggered so that all members' terms do not expire at the same time. Two commissioners have terms that expired on December 31. 2015. In order to fill out the Park Commission roster. two members must now be appointed/reappointed. As there have been no new applicants, it is recommended that both current Park Commissioners be reappointed. RECOMMENDATION: The City Council is respectfully requested to reappoint Shane Weis and Mary Frick to the Lake Elmo Park Commission. Based on staff research, their terms have -- page 1 -- / � / City Council 81cchn8 January 5.2016 (onsen/�,-enduItem 6 expired as of December 31. 2015. Staff recommends reappointment to another 3 year tcnn for each individual. If removed from the Consent Agenda, the motion for this action is as follows: "Move to appointShane ��is and Ha,�'Frick to the Lake Elmo Park Coniwli'vmon&r a three AUTHORITY: City Code Secthmm32,0@% COMPOSITION The Parks Commission shall consist n[7 members and Z u|tccnatc nucrnbcro. The vodn� members shall beappointed bythe City Council for u3-yearterm. Voting members serve more than 2consecutive 1enmy. Appointment 1ounadditional iornn(s)will hcconsidered with the available applicant pool, Alternate members shall beappointed <m serve until there is vacancy nnthe Parks Commission. The City Council shall appoint afirst alternate and usecond a|tccou1c who shall become voting members in the order oftheir appointment. In its discretion, the City Council may ad\uxLthc lengths oflcnnsnfoffice for Parks [onnrnixsiou nncnnbeo so that nomore than one-half o[the terms expire inany given year. — page 2— :E ELMO DATE: January 5, 2016 CONSENT ITEM # 7 AGENDA ITEM: Appointment of City Engineer SUBMITTED BY: Julie Johnson. City Clerk THROUGH: Clark Schroeder. Interim City Administrator REVIEWED BY: Cathy Bendel. Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item Administrator - Report/Presentation_ ..... ..... ...City Administrator Questions from Council to Staff ......... .................................... Mayor Facilitates Call for Motion ..... ....„ ..... ...... Mayor & City Council Discussion ......... ........ ......„.. Mayor & C'ity Council Action on Motion...........„.. .... ..... Mayor Facilitates POLICY RECOMMENDER: Staff FISCAL IMPACT: $2.00 per hour billing a increase for Senior Municipal Engineer 111 effective January 1, 2016. SUMMARY...AND ACTION REOUESTED: The City Council is respectfully requested to reappoint an official City Engineer. This official is contracted for professional engineering services. This appointment is not specifically required by statute or ordinance. but is consistent with past practice. However, if Council chooses to remove this item from Consent, thc recommended motion is as follows: "Move to appoint Mr. Jack Griffin, of Focus Engineering, Inc., as the ial City Engineer and principal provider qf professional engineering services." LEGISLATIVE HISTORY: Mr. Jack Griffin of Focus Engineering currently serves as the Official City Engineer and primary provider of professional engineering services. Focus Engineering and the City have an ongoing agreement for professional services effective 7/19/2011. This appointment would be a continuation of that agreement. -- page City Council Meeting January 5, 2016 /Consent Agenda Item BACKGROUND INFORMATION (SWOT): Strengths Mr. Griffin is familiar with the City and its current needs. Focus Engineering currently meets the city's engineering services needs at satisfactory levels. Weaknesses City needs may change and other or additional services may be required. No proposals were sought or received from other parties. Opportunities All contracting, parties should look to identify areas where the City can save money or maximize services provided. Threats There are no specific identifiable threats. As with all contract services. parties may terminate the services and the City would need to find a replacement. RECOMMENDATION: The City Council is respectfully requested to appoint an official City Engineer. This official is contracted for professional engineering services. If the Council chooses to remove this item from Consent, the recommended motion is as follows: "Move to appoint Mr. Jack Griffin, of Focus Engineering, Inc., as the official City Engineer and principal provider of professional engineering services." -- page 2 -- December Zl,ZO1S Mc Clark Schroeder, Interim City Administrator City ofLake Elmo 3OOOLaverne Avenue North Lake Elmo, Minnesota SSO42 ENGINEERING, inc. Cara Geheren'p.E. Jack Griffin, p.[. RyanS«empski, P.E. Chad |sakson,P.[. 651.30.4261 651.300.4264 651.300/4267 651.308.4283 Re: FOCUS Standard Hourly Rate Schedule Via Email City of Lake Elmo, Minnesota Dear Clark: Attached please find a copy of our Standard Hourly Rate Schedule to be used for 2016. FOCUS has not increased billing rates since we started business and began serving Lake Elmo in July 2011. For the first time, the 2016 Hourly Rate Schedule reflects a billing rate increase for myself from $118 per hour to $120 per hour (about 1.7%) while continuing to keep the billing rates for Ryan, Chad and Frank unchanged, Other changes to note includes the staff addition of Mark Scholle who is working primarily in the City of Victoria and the addition of Project Engineer category with a billing rate of $72 per hour. This category may be filled at some point in 2016 should one or more of our Graduate Engineers receive their Professional Engineering license, VVeappreciate the continued opportunity toserve the City nfLake Elmo. Please contact nne should you have any questions orconcerns. Sincerely, / � 'John (Jack) .GrUfn, P.E. Principal, Senior Municipal Engineer Enclosure Cc: Cathy Bendel, Finance Director Julie Johnson, City Clerk Standard Hourly Rate Schedule Standard Hourly Rates include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non —project operating costs, and operating margin orprofit. Sr. Municipal Engineer U/—/ackGrdfn Sr. Municipal Engineer U—CanaGehenen Sr, Municipal Engineer I — Mark 5choUe Municipal Engineer (|— Ryan SternpsW Municipal Engineer |— Chad |sakson Project Engineer GraduateEngineer—ArnandaGroh Graduate Engineer — Frank 8nr\ch Reimbursable Expenses Schedule $llO/hour $1lZ/hou, $1O5/hour $90/hUu/ $8O/hour $7Z/hour $65/hour $6S/hour Vehicle Mileage reimbursed atthe current Federal IRS Rate. Outside professional and technical services billed tothe Engineer plus 1896. Identifiable printing and reproduction costs when incurred inthe direct performance of the [ity's work. Other expenses for items and services as may be required by the City tofulfill the terms ofaspecific authorization. FOCUS ENGINEERING, inc. —Standard Hourly Rate Schedule n�01.01.2016 17 7 n . A ' L.) i "L: DATE: January 5, 2016 CONSENT ITEM 8 MOTION AGENDA ITEM: Approve Conversion of Part Time Contractor to Part Time Employee SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Julie Johnson, City Clerk REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item .......................................................... ...... ............ City Clerk Report/Presentation.......... ........ ....... ................. ..... City Clerk 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 FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: To approve the HR Committee recommendation to convert the part-time employee in the Accountant position from a contractor to a part-time employee. LEGISLATIVE HISTORY: There have been a number of changes to the FLSA laws and one relates to the use of contracted employees. The HR Committee reviewed all contractors to determine if the City is at any risk of not being in cornpliance with current FLSA laws. Their recommendation was that Patty Baker, the part-time Accountant for the City should be reclassified to an employee. BACKGROUND INFORMATION (SWOT): -- page City Council Meeting [Consent Agenda hem #6') January 5th, 2016 Strengths Patty has been working for the City for 2 years and is a stron resource for the City Staff. Weaknesses None Opportunities Patty can cover many functions within the Finance Department and is an invaluable resource to the Finance Director and City Management. She also backs up the front desk and building department as needed. Threats Potential non-compliance with current FSLA laws. RECOMMENDATION.: Staff recommends moving ahead with conversion of the part-time accountant position from a contractor to an employee status effective 1/1/2016. ATTACHMENTS: None -- page 2 -- T1 IF CI" 1 AK E AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: MO MAYOR AND COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION Approve Planning Department Staffing Proposal Clark Schroeder Clark Schroeder Julie Johnson SUGGESTED ORDER OF BUSINESS: 1/5/16 9 Introduction of Item ..... ..... ...... ......... ...... .......... ........... Staff Report/Presentation.................... ....... ..... ..... ........................... .............. Staff Questions from Council to ..... ........... ........... ........... Mayor Facilitates Public Input, if Appropriate ......... ....... ........ ......... Mayor Facilitates Call for Motion ............. ........... ........ .......... ..... Mayor & City Council Discussion.. ............. ...... ......... ............ ............ .............. ..... „.Mayor & City Council Action on Motion__ ..... ...... ..... ..... M ayor Facilitates SUMMARY AND ACTION REQUESTED: Hire Stephen Wensman for Community Development Director/Planning Director at a salary of S72,000 per year with benefits. By default, this creates a vacancy for a city planner. Staff recorrunends that we advertise, interview, and recommend for employment a new City Planner. BACKGROUND AND STAFF REPORT: City Council authorized the Interim City Administrator to advertise, recruit, and recommend for employment a Community Development Director. Interviews were had and staff is recommending Mr. Stephen Wensman be promoted to this position at the above stated salary and that the city council direct staff to advertise, interview and recommend for employment a new city planner. There was a suggestion by two city council members to change the title of the Community Development Director to Planning Director. If the responsibilities, oversight, job description, and salary are not changed, staff have no objections concerning this possible title change. RECOMMENDATION: If removed from consent the 16110-wing motions should be made. If council so pleases, a motion could be made as followed. "Motion to change the title of Community Development Director to Planning Director with no change in the responsibilities, oversight, job description, or salary" "Motion to promote Stephen Wensman to Planning Director at a salary of S72,000 per year." 66 u:L "Molierrin direct city staff to advertise, interview, and recommend for employment a new City Planner." TIIE CITY (ij LAKE ELN' 0 AYOR & COUNCIL CO UNICATION DATE: January 5, 2016 CONSENT ITEM 10 MOTION AGENDA ITEM: Approve Posting Vacant Part Time Fire Department Position SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: City Administrator REVIEWED BY: City Administrator SUGGESTED ORDER OF I US1NESS: Introduction olltein .......... City Administrator Report/Presentation_ „ Fire Chief Questions from Council to ...... ........ ..... ...................... Mayor Facilitates Call tor Motion ..... ......... ..... ...... Mayor & City Council ..... .............. ..... Mayor & City Council Action on ............. .................. ..... Mayor Facilitates POLICY RECCOMENDER: Fire Chief FISCAL IMPACT: None, filing vacant position SUMMARY AND ACTION REQUESTED: To move ahead with the hiring process for the PT Administrative Assistant positon vacancy. LEGISLATIVE HISTORY: At a previous Council Meeting, the current PT Administrative Assistant, Mike Cornell was hired fulltime with Public Works, thus creating the vacancy. BACKGROUND INFORMATION (SWOT): Strengths Ensure adequate staffing to maintain current level of service and productivity. Weaknesses Limited to number of potential qualified applicants as the position is designed for a daytime Firefighter/Responder. -- page City Council Meeting [Consent Agenda Item #.3-x) August 18th, 2015 Opportunities Threats Fill the vacancy ASAP to allow for a transitional period and training by Mike Cornell. Administrative and day to day support work for fire department would be impacted, (station and vehicle maintenance, required record keeping and data entry, inspections, training) to name a few. RECOMMENDATION: Staff reconunends moving ahead with filling the vacancy. ATTACHMENTS: Job Description -- page 2 -- LAKE ELMO FIRE DEPARTMENT JOB DESCRIPTION PART TIME FIREFIGHTER/ADMINISTRATIVE ASSISTANT The Position of Lake Elmo Firefighter/Administrative Assistant shall operate within the boundaries as set forth in the Departmental Policy and Standard Operating Guidelines and shall answer directly to the Command Officers and ultimately the Chief. The work schedule for this Part Time Position shall be flexible and be capped at 20 hours per week. QUALIFICATIONS: • High school diploma or general education degree (GED). • Valid drivers license • State Certified Firefighter I and II • State Certified HazMat Operations Level • State Certified First Responder • Current Certification in Rescuer CPR a Meet any additional requirements as stated in the Lake Elmo Fire Department Job Description for Firefighter. Current Lake Elmo FAO status (Fire Apparatus Operator) (see Policy 3-205, FIRE ENGINEER) or obtain FAO status within 18 months of hiring. RESPONSIBILITIES: Perform duties of a Lake Elmo Firefighter. Perform a variety of clerical and administrative work in keeping official records, data entry, providing administrative support to the fire command staff Working knowledge in the operation of various office equipment, (copier, fax, scanner, phones, etc.) Working knowledge in the operation of computers, Microsoft Office and its components, (Word, Excel, Publisher, etc.). Perform basic maintenance of department vehicles. Perform basic Station Duties needed to maintain Fire Stations. Provide station coverage during Chief s absence. ESSENTIAL DUTIES: Respond to emergency calls Drive and operate all vehicles in fleet. 12/30,2015 Perform data entry to ensure compliance with NF1RS reporting to the State of MN (Image Trend) in a timely manner. Enter and maintain department records in Image Trend and Firehouse as required. Assist with creating and maintaining pre plans of commercial business in Lake Elmo Assist with maintaining Inspection Program of commercial business in Lake Elmo SUMMARY: This position shall report directly to the Chief or designee. During scheduled work hours employee shall not earn or receive credit for the followi • Relief Association Call Percentage 12)30/20 5 2 T1 II CITY ( LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 1/5/16 REGULAR ITEM #: 11 1VIOTION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Appoint City Attorney - Prosecution Clark Schroeder Clark Schroeder 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 APPONTMENT OF PROSECUTION CITY ATTORNEY SUMMARY AND ACTION REOUESTED: Appointment of Prosecution City Attorney needs to be done with an effective start date of 1/6/16 BACKGROUND AND STAFF REPORT: A RFP was sent out requesting services for a City Attorney and Prosecution Services. The city received 3 responses, two for City Attorney and one for Prosecution Attorney. The single response for Prosecution services was Eckberg and Lammers. Interviews were had with council and council has the proposals detailing services and costs. Council is encouraged to pick Eckberg and Lammers for Prosecution City Attorney. RECOMMENDATION: Staff recommend appointing Eckberg Lammers as Prosecution Attorney. ATTACHMENT(S): Proposal Ibr Legal Services from Eckberg LallilllerS City of Lake Elmo December 14, 2015 Response to Request for Proposals for Criminal Prosecutorial Legal Services Submitted By: Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P 1809 Northwestern Avenue Stillwater, Minnesota 55082 Telephone: (651) 439-2878 TABLE OF CONTENTS GENERAL INFORMATION .................................................................................. 1 BACKGROUND HISTORY; NUMBER OFATTORNEYS EMPLOYED .................................... 1 RESUMES AND FURTHER INFORMATION ONATTORNEY ASSIGNED TOCITY ................ 1,2 ATTORNEYS KNOWLEDGEABLE |NMUNICIPAL LAW ........................... ......... .......... 2.3 PRIMARY OFFICE LOCATION .............................................. ................. .................. 3 PARALEGALS AND SUPPORT PERSONNEL -.--.................. .................... ............ 3 TECHNOLOGY AND RESEARCH CAPABILITIES .................................. ...... ............ 3.4 CITY WORKLOAD - SCOPE OFSERVICES .................................. ........................... 7.8 MALPRACTICE INSURANCE COVERAGE .......... .................................................... 4,5 KNOWLEDGE AND EXPERIENCE ............................................................. 5, 6` 7 /\||DRNEYQUALIFICATIONS .......................................................................... 6.7.8 MUN|C|PAL[Aw EXPERIENCE ........................................................................ ... 7.8 REFERENCES................................. ........................ ............ ,~.,,,~,,~,,^,~,,.,,,~,,,9k1@ FEES......................... -.......................................... ..,.^................................ 12,13 OPTION A:RETAINER + HOURLY FEES ................... ............................ .................. 12 OPTION B,HOURLY FEES ..................................... -... ......................................... 12 CONFLICTS OFINTEREST ......................................................................... i0.11 CITY/CITY ATTORNEY RELATIONSHIP .................................... ......................... -'11 CONFLICT PROCEDURES ... ........... ................................................................ 10.11 CONCLUSION.................................................................................................... 13 GENERAL INFORMATION Brief History of Firm Our law firm of Eckberg Lammers (officially Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P.) was established by Lyle Eckberg, who began the practice of law in 1946. Since its founding, we have served as civil, prosecuting, and special counsel for numerous municipalities throughout the State of Minnesota. Our firm has grown at a relatively constant rate in employees and revenues in the past 65-plus years, and currently operates as a professional limited liability partnership under the laws of the State of Minnesota. Our main office is located in Stillwater, Minnesota. In addition to our firm's significant representation of municipal and public sector clients, we maintain a general practice, representing both businesses and individuals. We have found that these varied practice areas provide greater depth in the legal services we provide to our municipal clients. Number of Attorneys; Areas of Practice Eckberg Lammers currently employs 16 attorneys, Rebecca S. Christensen Thomas J. Weidner Joe Van Thomme Thomas L. Lehmann Mark J. Vierling Sean P. Stokes Nicholas J. Vivian Shannon H. Enright Andrew J. Pratt Kevin S. Sandstrom Daniel P. Bakken Amanda E. Prutzman Lida Bannink Katie Kranz Michael L. McCain Ben M. Klocke Criminal Prosecution, Municipal Law Criminal Prosecution, Civil Litigation Criminal Prosecution, Municipal Law Criminal Prosecution, Municipal Law, Civil Litigation Municipal Law, Civil Litigation, Family Law, Estate Planning Family Law, Criminal Defense Municipal Law, Banking and Finance, Business Organization Estate Planning, Trust and Probate Municipal Law, Public Finance, Real Estate Municipal Law, Civil Litigation, Workers' Compensation Banking and Finance, Civil Litigation, Business Organization Civil Litigation, Banking and Finance Business and Individual Law Business and Individual Law Municipal Law, Labor and Employment, Bus. Organization Banking and Finance, Business Organization The following attorneys are criminal prosecutors: We take a team approach to municipal prosecution. Our team consists of two full time prosecutors, two prosecutors that devote a major portion of their practice to prosecution and three full time support staff. Rebecca S. Christensen • Criminal Prosecution: 100% of her practice devoted to criminal prosecution; law enforcement liaison for civil and criminal actions, including municipal code enforcement. • Area of Focus: law enforcement training, Twin City Organized Retail Crime Alliance (TCORCA); Tubman Family Alliance, prosecutes at all arraignment, pretrial, omnibus hearings and jury trials; municipal code enforcement and Crime Free Multi -Housing. • Prosecution Experience: more than seven years in municipal prosecution, Joe Van Thomme • Criminal Prosecution: 100% of his practice devoted to criminal prosecution; prosecutes at all arraignment, pretrial, omnibus, contested/evidentiary hearings and jury trials. Area of Focus: law enforcement training; vehicle forfeitures; appeals; prosecutes at all arraignment, pretrial, omnibus hearings and jury trials; civil and criminal municipal code enforcement. Prosecution Experience: more than five years in municipal prosecution. Thomas J. Weidner • Criminal Prosecution: Supervising Partner of prosecution department; continues to devote 20% of practice to court appearances. • Area of Focus: law enforcement training; law enforcement and community policy and protocol development; trial skills development; prosecutes at all arraignment, pretrial, omnibus hearings and jury trials; municipal code enforcement and Crime Free Multi -Housing training for building officials and property managers. • Prosecution Experience: more than 25 years in municipal prosecution. Thomas R. Lehmann • Criminal Prosecution: lead prosecutor for the Cities of Mendota and Lilydale. • Area of Focus: prosecutes at all arraignment, pretrial, omnibus hearings and jury trials; municipal code enforcement and Crime Free Multi -Housing; municipal nuisance issues; works with school districts on issues related to school policies and procedures for interaction between students and law enforcement, • Prosecution Experience: more than 25 years in municipal prosecution Support Personnel: Knowledge, Skills, Abilities and Expertise The firm employs more than 23 support staff consisting of paralegals, legal assistants, law clerks, administrative and receptionist employees. The firm has a loyal, stable staff base that has steadily grown with the firm. All positions are filled with experienced employees who possess the knowledge and depth necessary to meet the needs of the firm's municipal clients. 2 Our criminal prosecution department has one full-time paralegal, Rachel Seely, and two full-time prosecution assistants, Jessica Mertz, and Emma Hause. Our support personnel coordinates case scheduling, organization, pre-trial and trial discovery compliance, victim/witness coordination, officer court appearance notifications, technical support and conflict searches. Eckberg Lammers also employs a fulltime office administrator to attend to day-to-day business along with two bookkeepers, nine paralegals, eight legal assistants and two receptionists. Due to the extensive breadth and depth of criminal prosecution experience within our firm, no staffing changes are proposed should the firm be awarded the criminal prosecution contract. Simply stated, we will have no problem handling the volume of work associated with providing comprehensive criminal prosecution services of the City of Lake Elmo based upon the strength of the infrastructure already in place. Eckberg Lammers views its municipal representation as a collective, and not an individual, effort. Therefore every attorney and member of the support staff that is knowledgeable in municipal law will likely assist in the City's legal representation at one time or another. Office Locations Our Firm's primary office is located at 1809 Northwestern Avenue in Stillwater. Our Firm's main office number is (651) 439-2878, and its main fax number is (651) 439-2923. Direct phone numbers and email addresses for the attorneys proposed to work with the City are listed on each attorney's Statement of Qualification attached to this Response. Eckberg Lammers also maintains an office in Hudson, Wisconsin, at 430 Second Street, and in New Richmond, Wisconsin, at 105 South Knowles Avenue. All attorneys proposed to work with the City are located at the main Stillwater office. Use of Technology and Research Capabilities Our prosecution department maintains a case management system separate from the rest of our firm for both privacy and efficiency. The computer systems used by our prosecutors and staff provide maximum security and systems control. We maintain "paperless" files which allow all our prosecutors and staff to access case files from any location, whether we are in court or at a police department. All attorneys have secure, remote laptop and smart -phone access to case file documents. Our attorneys utilize laptop computers for all court appearances, which allows for efficient e-mail communication and research capability, including immediate access to Minnesota Department of Public safety records, MNCIS and Westlaw. This practice facilitates consistent and efficient communication and work product. Eckberg Lammers transitioned from a "paper library" to an electronic library approximately 20 years ago. Our firm contracts with Westlaw to provide each of our attorneys with instant access to a number of Westlaw libraries; including Court of Appeals reported and unreported decisions, Minnesota Statutes Annotated, Attorney General Opinions, and more. Having Westlaw Next access facilitates our firm's attorneys to perform instant, automated searches necessary to obtain the information needed expeditiously and thoroughly. In addition to this automated library, each attorney has access to the hard bound, Minnesota Statutes in their office together with the soft cover West's Minnesota Criminal Law Handbooks. Eckberg Lammers also maintains a set of Minnesota Statutes Annotated, McQuillin on Municipal Corporations, and a number of other municipal prosecution publications and treatises that are relevant and necessary. Our attorneys subscribe to instant reporting services and attorney list -serves provided by the League of Minnesota Cities and the Minnesota State Bar Association. These services allow for timely peer discussion of criminal prosecution matters and distribute all Minnesota Court of Appeals and Minnesota Supreme Court decisions as they are reported. Eckberg Lammers has been a pioneer in the use of technology among its peers in the criminal prosecution field. Our firm's prosecution department was a part of Washington County's initial Beta test group for e-charging and e-filing, we have been e-charging criminal complaints since 2010. Our firm partnered with the Anoka County Sheriff's Office to make the City of East Bethel the first municipality in Anoka County for which the Sheriffs Office completed e-charging. We worked with Rice County Court Administration to prepare the court for filing. Our firm has realized substantial efficiencies for its prosecution clients in Dakota, Washington, Rice and Anoka Counties through this process. Our firm works with its municipal clients to ensure that all e- charging requirements established by the State of Minnesota and the Bureau of Criminal Apprehension are followed, and our prosecutors will continue to use the most up-to-date technology while working with the City of Lake Elmo for e-charging all eligible criminal complaints. Malpractice Claims Our Firm, nor its attorneys, have had any sanctions imposed, findings of neglect, or related disciplinary actions taken against it by the Minnesota Lawyers Professional Responsibility Board, the Minnesota State Bar Association, or any other malpractice claims asserted. There is one action pending or currently under review by the State Ethics Board regarding the action stated below. Our Firm has never been sued by a client or a non -client municipality. There have been no malpractice claims filed against the Firm in the last 20 years. For the few malpractice claims that were filed more than 20 years ago, no claim proceeded to trial and the Firm was not liable for any alleged malpractice. 4 Felony Convictions None of the attorneys at Eckberg Lammers have been convicted of a felony -level offense. Prosecutorial Misconduct In 2014, a criminal defendant filed a prosecutorial misconduct case against our firm and its attorneys. The case was dismissed based upon a failure to state a claim for which relief may be granted. The defendant has appealed the ruling; however that appeal has not yet been heard by the Appellate Court. Statement of Municipal Billing! The percentage of Municipal billings as part of our firms overall billing for 2014 was 17.4°/0 and 2015 is 22.9%, percentage based on the first eleven months of 2015. Malpractice Insurance Coverage. Our Firm's professional liability carrier is Minnesota Lawyers Mutual. The insurance policy contains limits of liability of $3,000,000 per claim and $5,000,000 in the aggregate. Statement of Civil Rights Compliance Eckberg Lammers observes all federal and state mandated employment practices. Our Firm also observes all civil rights and human rights laws. Attorney Qualifications: Your Prosecution Team. Eckberg Lammers offers a unique, team approach to municipal prosecution. We have four experienced municipal attorneys who will provide comprehensive prosecution services to the City of Lake Elmo. This structure allows for competent, efficient prosecution services inside the courtroom and out. Given our team approach one or more of our experienced prosecutors and/or staff will be available to provide timely assistance. Eckberg Lammers believes that each case requires an experienced attorney's attention, so that a measured response is consistently provided. We understand that prosecution is not a "one size fits all" proposition. Our attorneys are skilled negotiators as it relates to resolving criminal cases prior to trial and will do so when appropriate, always with public safety and the goals of the City in mind. When cases cannot be resolved, our attorneys are confident litigators before a judge or jury. Rebecca Christensen is a prosecutor for our firm's prosecution clients. Like the other prosecutors, Rebecca has taken on prosecution assignments for other municipalities as a conflict prosecutor, namely in the Cities of Forest Lake, Cottage Grove, Scandia, and West St. Paul. 5 Rebecca has more than seven years of experience as a municipal prosecutor at the law firms of Eckberg Lammers and Grannis & Hauge, P.A. At Grannis & Hauge, Rebecca prosecuted for the Cities of Eagan and Mendota Heights for five years. Rebecca is actively involved in the Tubman Alliance Systems and Service Integration Think Tank, which is a board that facilitates discussions and policy implementation regarding current policies and procedures as they relate to the protection of domestic abuse victims and sentencing structures designed to reduce domestic abuse recidivism. Rebecca is an active member of the Twin Cities Organized Retail Crime Alliance (TCORCA), which is a collaboration of law enforcement, prosecutors and asset protection representatives from area retailers who work collaboratively to combine resources in an effort to improve the sharing of information on chronic offenders. Rebecca attends quarterly and annual trainings and conferences with the organization. This organization crosses jurisdictional lines and works in partnership to identify and criminally prosecute repeat offenders. Joe Van Thomme will also provide prosecution services to the City. Joe joined our firm in March 2014, after spending more than four years at an Anoka County firm as a lead prosecutor. At that firm, Joe was lead prosecutor for the Cities of Ramsey, Bethel and Nowthen, and also represented the Town of Linwood on civil municipal matters. Since joining Eckberg Lammers, Joe prosecutes for all of our firms prosecution clients. Joe actively advises municipalities and their police agencies on vehicle forfeitures, administrative law and is actively involved in criminal and civil ordinance enforcement issues. Joe has been on the Minnesota State Bar Association's Criminal Law Section for the past six years. In 2013, Joe was elected Chair of that organization, which has several hundred members and a focus on training criminal law lawyers and monitoring changes in the law. Joe regularly coordinates trainings and educational materials for both lawyers and police agencies, and is the primary author of the firm's "Ask Your Prosecutor" newsletter. The newsletter is distributed on a monthly basis to 22 law enforcement agencies and municipalities and covers substantive and timely topics related to law enforcement and prosecution. Joe also prepares and distributes case law updates to all agencies, when relevant. Joe is an educator and coach for law students in the Advocacy and Moot Court program at Hamline University School of Law. 6 Thomas J. Weidner will also provide prosecution services to the City. Tom has led the prosecution team for more than 20 years. He has served as the Supervising prosecutor for the Cities of Woodbury, Northfield, Faribault, Bayport, Oak Park Heights, Grant, Lake St. Croix Beach, Mahtomedi, Lakeland, St. Mary's Point, Hugo, Marine on St. Croix and Lake Elmo. Tom has also served as a special prosecutor in conflict situations for the Cities of Stillwater, Maplewood, Forest Lake, Cottage Grove, Oakdale and St. Paul Park. Tom has extensive trial experience. In addition to his substantial prosecution duties, Tom maintains a private practice in civil litigation. Tom has focused on the development and implementation of the use of technology in prosecution. By innovating "paperless" file systems, electronic scheduling and the transfer of electronic reports and evidence, our firm has been able to offer more effective prosecution services at a lower cost to our municipal clients and correspondingly reduced the pressure on police staff resources. Thomas R. Lehmann will also provide prosecution services to the City. Tom has been a prosecutor for over 25 years and is currently the chief prosecutor for the Cities of Lilydale and Mendota. Before beginning his own law firm, Tom prosecuted for the Cities of South St. Paul, West St. Paul, Inver Grove Heights and Sunfish Lake. Tom has also taken on numerous prosecution assignments for other municipalities as a special counsel during conflicts, including the Cities of Eagan, Mendota Heights, South St. Paul, Inver Grove Heights, West St. Paul and Wayzata. On the civil side of his municipal practice, Tom is the City Attorney for the Cities of Mendota Heights and Mendota, and Lilydale. Statements of Qualification for Rebecca Christensen, Tom Weidner, Joe Van Thomme and Thomas Lehmann are attached to the end of this Response. All attorneys proposed to provide prosecution services to the City are fulltime Eckberg Lammers employees. Current and Previous Municipal Law Experience Eckberg Lammers has historically maintained a significant focus in municipal and public - sector practice and, since its inception, has been one of the leading municipal law firms in the Twin Cities Metropolitan Area and beyond. Our firm currently serves as criminal prosecutors to the following cities: • City of Woodbury • City of Mendota • City of Lilydale • City of Northfield • City of Faribault • City of Mahtomedi • City of Oak Park Heights • City of Grant • City of Bayport 7 • City of Lake St. Croix Beach • City of St. Mary's Point • City of East Bethel Our law firm currently serves as civil municipal general counsel to the following cities: • City of Woodbury • City of Mendota • City of Lilydale • City of East Bethel • City of Mendota Heights • City of Wyoming • City of Oak Park Heights • City of Grant • City of Scandia • City of Bayport • City of Montrose • City of Lake St. Croix Beach • City of St. Mary's Point • City of New Richmond, WI Additionally, in past years, our firm or its attorneys have prosecuted for or provided special services in conflicts of interest and other circumstances to the following communities: • City of West St. Paul • City of South St. Paul • City of Eagan • City of Mendota Heights • City of Stillwater • City of Maplewood • City of White Bear Lake • City of Otsego • City of Cottage Grove • City of Scandia • City of Forest Lake • City of Golden Valley • City of Lake Elmo • City of Hugo • City of Lakeland Our Firm has not stopped representing any municipality in the last three years. The following are cities the Firm began representing in the last years: City of Scandia, 2012 City of Montrose, 2013 City of Northfield, 2014 City of Faribault, 2015 Criminal Prosecution References City of Woodbury: Lee Vague, Chief of Police Woodbury City Hall 8301 Valley Creek Road Woodbury, Minnesota 55125 (651) 714-3500 Ivague@ci.woodbury.mn.us City of Oak Park Heights: Brian DeRosier, Chief of Police P.O. Box 2007 Stillwater, Minnesota 55082-2007 (651) 439-4723 bwderos@cityofoakparkheights.com City of Bayport: Laura Eastman, Chief of Police Bayport City Hall 294 Third Street North Bayport, Minnesota 55003 (651) 275-4404 leastman@ci.bayport.mn.us City of Mendota: Mike Aschenbrener, Chief of Police 1101 Victoria Curve Mendota Heights, Minnesota 55118 (651) 452-1366 mikea@mendota-heights.com City of Northfield: Monte Nelson, Chief of Police 1615 Riverview Drive Northfield, Minnesota 55057 (507) 663-9301 monte.nelson©ci.northfield.mn.us City of Faribault: Andy Bohlen, Chief of Police 25 NW 4th Street Faribault, MN 55021 (507) 334-0920 abohlen©ci.faribault.mn.us Washington County Sheriffs Office: William Hutton, Sheriff 15015 62nd St. N. Stillwater, MN 55082 P.O. Box 3801 (651) 430-7601 VVilliam.hutton@co.washington.mn.us Responsibilities to the City. Our primary responsibility to the City is to provide effective, high -quality prosecution services of petty misdemeanor, misdemeanor and gross misdemeanor violations related to criminal, traffic, vehicle forfeiture, appeals and City Code violations as well as provide relevant, related legal advice. Our prosecutors will attend all court appearances as scheduled in district court, and will draft complaints, schedule officer appearances, provide training and education to law enforcement, staff and zoning enforcement actions. Our prosecution team will provide monthly case law updates by way of a monthly newsletter to distribute to the City in an effort to keep all parties fully informed and up-to- date on criminal law and procedure issues. Our prosecutors place an emphasis on law enforcement input when making charging decisions and will communicate directly with officers and personnel regarding charging decisions along with the City, as appropriate. This practice has proven to strengthen the partnership and effectiveness of the prosecutor and the City. Our prosecution team strives to make ourselves available when issues may arise. Our prosecutors are available to law enforcement and personnel by cell phone and email at all times and make it a priority to respond promptly. Each prosecutor has 24/7 mobile phone access and are readily accessible to law enforcement agents and City personnel, as needed. We encourage City staff and law enforcement to contact us with any questions that arise, as they arise. We frequently receive questions relating to code enforcement, statute interpretation, Rules of Criminal Procedure, process and policy, along with requests for case updates and trial prep questions from our agencies. Several of the benefits to having a team of four prosecutors include: one prosecutor is typically in the office, available to answer questions and resolve issues while the other prosecutors are in court and less available; and when a prosecutor is unavailable due to illness, vacation or trial others provide seamless representation. Conflict of interest Eckberg Lammers has no conflicts of interest with providing the City of Lake Elm© comprehensive prosecution services. 10 The potential for conflicts of interest always exists. The firm maintains a conflict protocol and client registry as required under existing ethics standards for that purpose. In the event a conflict presents itself, the firm would promptly notify the affected parties as we are professionally required to do, and we would assist in making the necessary referral and transition the file to other counsel in an efficient manner. City/City Attorney Relationship Civil and criminal representation has long been a major emphasis at Eckberg Lammers. Our Firm's municipal attorneys pride themselves on taking a collaborative approach with City staff, law enforcement and public officials, and always put a priority on responding to all inquiries. Additionally, our Firm consistently takes a proactive approach to representation, alerting its municipal clients to legal trends on the horizon so each municipality can structure its affairs accordingly. Our Firm's civil and criminal attorneys are therefore available outside of business hours and are willing to spend additional time as is necessary to fully serve the needs of the City. It is our policy that all phone calls and email inquiries from City staff and officials are returned the same business day, or immediately on the next business day (if the inquiry is received late in the day or after business hours). All attorneys are available to the City by office phone, cellular phone, e-mail and facsimile transmission. Recorded voice messaging or the opportunity to speak to support staff and leave a personal message with a live person is provided as well. Our Firm has regular office hours from 8:00 a.m. until 5:00 p.m. The prosecution department opens at 7:00 a.m. Communication is critical to establishing essential relationships between law enforcement, staff and personnel. We excel at ensuring communication is timely, clear and directed to the appropriate person. Tasks are coordinated in a manner which sets response parameters and timelines. Eckberg Lammers consistently strives to provide clear and comprehensive communication, and follow up is made to ensure that work product is received, understood and timely applied. Our prosecution case management software is LENS. This same program is utilized by the Washington County Attorney's Office. This system affords us maximum flexibility on file storage and retrieval as well as calendaring, electronic reminders, conflict management and off -site access. Microsoft Outlook and email systems are state-of-the-art and interface within LENS and Ms. Piggy and mobile phones for trial and case management. Within this case management system, the Firm tracks each project and matter with a step-by-step "to do" list allowing deadlines to be established and met. Our Firm's computer systems are used by attorneys and staff daily on and off -site for work, yet provide maximum security and systems control. All attorneys have laptop access and smart -phone access to email documents as needed. We share, edits and finalizes documents with our municipal clients on a daily basis. Our prosecutors consistently delivering such timely communication and work product is a source of pride for Eckberg Lammers. 11 Criminal Prosecution Fees We propose a monthly flat fee retainer that encompasses all of the proposed prosecution services. The firm will prosecute all matters outlined in the Request for Proposals within the monthly retainer fee described below. The only matter excluded from the retainer is criminal appellate work, which is not included in the retainer and will be billed hourly, as described in the table below. As such, the City of Lake Elmo can be assured that the flat fee retainer will be the total bill in most months (supplemented by hard costs described below). 2016 2017 j 2018 2019 2020 Retainer Fee (monthly $42,000 $43,260 $44,550 $45,800 $48,000 amount) Hourly — Attorneys* $185 $185 Hourly -- Paralegals $90 $90 Hourly -- Law Clerks $90 $90 * The hourly rates foattorneys will be the same. Miscellaneous Billing Matters $200 $200 $205 $100 $100 $110 $90 $90 $90 As described throughout this Response, Eckberg Lammers will provide prosecution services to the City at a convenient, cost-effective monthly flat fee. Accordingly, the efficiency and savings generated by this arrangement will be passed on to the City by eliminating the need for a redundant monthly billing summary of the services provided within the flat fee. In the event that there are additional costs to be billed to the City beyond the monthly retainer, the firm will provide the City with a detailed summary of those costs. Legal assistant and secretary services are never charged. Minimum hourly billing for appeals will be in increments of .10 hours. Hard Costs The following charges are passed through at cost: • Courier or Delivery Charges • Process Server Fees • Court Reporter Transcription Fees • Postage As part of the firm's comprehensive flat fee prosecution services, no charges are ever imposed for phone calls. The firm encourages City staff, law enforcement and personnel to contact any of our prosecuting attorneys without the budgetary concerns. If a phone call evolves into a project or work item, that item will be covered by the flat fee 12 retainer agreement. The firm has found this approach to be welcomed by cities, as it provides for unfettered legal advice without imposing financial pressure on the city. CONCLUSION The breadth and depth of our firm's longstanding experience in representing municipal clients makes Eckberg Lammers uniquely qualified to provide superior, cost-effective prosecution services to the City of Lake Elmo. Our firm has demonstrated an ability and willingness to maintain close, effective working relationships with its municipal clients. We have enjoyed tremendous success prosecuting for cities of all sizes due to its strong infrastructure and skilled, capable attorneys. The commitment of the prosecution team and support staff to our clients allow us to deliver the services requested. We welcome the opportunity to provide comprehensive criminal prosecution services to the City of Lake Elmo. Respectfully submitted this 14th day of December, 2015. ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P By: _ Thomas Weidner 13 ~ � i STATEMENT 0FQUALIFICATION Rebecca S`Christensen l8O9Northwestern Avenue Stillwater, MN 55082 Direct Dial: 6B'3S\'2)3} Education ° Bachelor nfArts, Cum Lauoe,2O04 University ofSt, Thomas, Saint Paul, Minnesota ° JurisDoctor, 2O07 William Mitchell College of Law, Saint Paul, Minnesota Professional Experience Prior to joining Eckberg Lammers in 2012, Ms. Christensen was an attorney and lead prosecutor for another suburban municipal law firm, Mc Christensen handles all aspects of criminal prosecution activity for the cities of Woodbury, Oak Park Heights, Bayport, East Bethel, Grant, Fahhau|tand Northfield, Minnesota. Aspart cJthis comprehensive practice, Ms. Christensen provides |avv enforcement training and is the primary liaison to law enforcement agencies, maintaining open and constant communication with police chiefs, police officers and cityutaf[ This ensures that all parties are involved ineach phase ofthe criminal case from the initial charging decisions, through contested evidentiary and probable cause hearings, probation violations and jury trial verdicts. Practice Areas ° Criminal Prosecution • Municipal Law Professional Organizations ° Minnesota State Bar Association, Anoka County Prosecutors Association, 19th District Bar Association, Minnesota Women Lawyers -VVaohington County, Rice County Dar Association, Tubman Alliance Systems and Service Integration Think Tank, Twin Cities STATEMENT ()FQUALIFICATION Joe D. Van Thomme \8U9Northwestern Avenue StUkvalex. MN 35082 Direct Did: 66l`3Sl-2)06 jvonthononne@eckbe[g|nmmeo.com Education ° Bachelor o[Arts, 2006 University ofMinnesota, Minneapolis, MN • JurisDoctor, 2OO9 Hann|ioeUniversity School ofLaw, St, Paul, MN Professional Experience Mr. Van Thomme specializes in criminal prosecution for the Cities of East Bethel, Woodbury, Northfield, Faribault, Bayport, Oak Park Heights and several other suburban and exurban communities. Mr. Van Thomme handles everything from initial charging \otrial and verdict, along with contested evidentiary hearings and probation violations. Mr. Van Tbornmeisalso a court -appointed attorney inAnoka County representing parents in child protection and termination of parental rights matters. Finally, Mr. Van Thornmeworks in civil municipal areas as an assistant attorney, advising cities regarding vehicle forfeitures, administrative law and ordinance enforcement issues, K4r.VaoThommejoinedEckbergLammnrxinK4arch2O14.Hewasxe|ectedasan^Upand Coming Attorney" 6vMinnesota Zawye/in2Ol3. Practice Areas ° Municipal Lavv—Cnmina| Prosecution ° Municipal Law—Civi|Representation • General Civil Litigation Professional Organizations ° Minnesota State Bar Association, VVashingtonCounty Bar Association, 19*District Bar Association, Hennepin County Bar Association STATEMENT OF QUALIFICATION Thomas [Weidner )OO9Northwestern Avenue Stillwater, MN 55082 Direct Dial: 65l'35l'2ll9 Education * Bachelor ofArts, 1985 Augsburg College, Minneapolis, MN • JurisDoctor, January 199O William Mitchell College ofLaw, St. Paul, K4N Professional Experience Mr, Weidner joined the firm in 1990and concentrated his practice inthe areas ofcriminal prosecution services and civil litigation. Mr, Weidner serves as a prosecutor for the Cities of _ VVoo6bury,Faribau|t, Bayport, Grant, Lake St. Croix Beach, Mahtornediand St. Mary'xPoint, ' Mr. Weidner also has a unique perspective an various municipal issues, as a member of the Stillwater City Council, Mr. Weidner's litigation practice is concentrated primarily in the areas o/plaintiffs' negligence and liability cases. Practice Areas • Criminal Prosecution • Civil Litigation Professional Organizations * Board u(Governors Minnesota State Bar Association 1997-2004 ° Ethics Committee Member 19r^District Bar Association 1999-2005 ~ Past President, 19^District Bar Association ° Former President of the American Heart Association, St. Croix Valley Division ° Member ofthe Washington County City Prosecutors Association � President ofthe Stillwater Community Foundation ° Member ufthe Minnesota Trial Lawyers Association � Member ofthe City ofStillwater City Council 1997-2000 ° Washington County Sentence LoService Advisory Board 2000-present STATEMENT OF QUALIFICATION Thomas R. Lehmann Eckberg'Lammers, Briggs, Wolff &V|erling'PLLP l8O9Northwestern Avenue Stillwater, MN 55082 Direct Oio|:65l-35l'2l33 Education ° Bachelor ofScience, Cum lauoe, 1984 Concordia College, Moorhead, Minnesota * JurisDoctor, l987 William Mitchell College of Law, Saint Paul, Minnesota Professional Experience Mr. Lehmann's diverse practice includes representing municipalities, businesses and individuals. Since 1989'Mr, Lehmann has served asCity Attorney for the City ofMendota, Mr, Lehmann also serves as the city prosecutor and assistant civil attorney for the City of Li|vda\e, and recently was appointed as the City Attorney for the City of Mendota Heights. Mr. Lehmann has worked for suburban m unicipa I -focused law firms in the past, and owned his own firm, Lehmann & Lutter, for many years. Mr. Lehmann joined Eckherg Lammers in January2O13. � Practice Areas ' ° Municipal Law — General Municipal, Ordinances/Resolutions, Contracts. Trial Activity � ° Business and Commercial Law ° BusineysTransactions/8usiness Litigation � w Employment Law ! ° Rea( Estate � ° Wills and Trusts/Family Law Professional Organizations ° Chairman, Stillwater Public Schools, Minnesota State Bar Association, Minnesota Association for Justice INSURANCE COMPANY DECLA Policy Number 2184 32 333 South Seventh Street. Suite 2200; Minneapolis, MN 55402 (612) 341-4530 (800) 422-1370 fax (800)305-1510 LAWYERS PROFESSIONAL LIABILITY POLICY (THIS IS A CLAIMS -MADE POLICY — READ CAREFULLY) Item 1. Named Insured: Eckberg, Lammers, Briggs, Wolff & Vierling, PLLP Attorney's Title of Stillwater Office Address: 1809 Northwestern Ave S Stillwater, MN 55082 TIONS Item 2. Policy Period: 9/12/2015 to 9/12/2016 (the Effective Date) (the Expiration Date) 12:01 A. M., standard time at the address of the Named Insured stated herein item 3. Limits of Liability: Item 4. Deductible Amount: $3,000,000.00 Per Claim $5,000,000,00 Aggregate $10,000.00 Per Claim Item 5. Total Number of Lawyers: 17 Total Premium: $46,492,00 Item 6. A pplic able Forms and Endorsements: MLM-019 (11-13) Prior Acts Retroacti‘e Date, MLM-032 (11-13) Minnesota Changes, MLM-048 (11-13) Specific Entity Exclusion, MLM-064 (11-13)1ndiN4dual Prior Acts Exclusion, MLM-2000 (11-13) Policy Form In witness whereof, Minnesota Lawyers Mutual Insurance Company has caused this policy to be signed by its President and Secretary and countersigned by a duly authorized agent of the Company. John J. Bowden, Secretary MI,N1-34 1(15-'/4) MINNFSOTA LAWYERS MUTUAL INSURANCE CO MP ANY Knstina Simmons, Authorized Agent Paul M. A b Ian. President )1, LAKE ELMO MA YR& DATE: 1/5/16 REGULAR ITEM 13 AGENDA ITEM: Gateway Corridor Route and Station Locations in Lake 'Elmo SUBMITTED BY: Clark Schroeder THROUGH: Jan Lucke REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... ....... .......................... Jan Lucke. Washington County Report/Presentation...................... ......... _Jan Lucke, Washington County Questions from Council to Staff ......................... ..... ........ ...... Mayor Facilitates Discussion .......... ..... . ........ ........ Mayor & City Council pOL CY RECCOMENDER: Staff POLICY BEING SET: Three possible options have been identified as a potential route for the Gateway Corridor between Lake Elmo Avenue and Manning Avenue. The action is to identify the preferred route between Lake Elmo Avenue and Manning Avenue. FISCAL IMPACT: None. The City of Lake Elmo is not committing to any fiscal responsibilities for the proposed action, beyond the already approved money for a market analysis of the 1-94 corridor. SUMMARY AND ACTION REQUESTED: Three options have been identified as a potential route for the Gateway Corridor between Lake Ehno Avenue and Manning Avenue. The action is to identify the preferred route among the three options in the form of a resolution of support (attached). Details on the process and technical considerations are included in the following pages. The action is NOT a vote to construct the corridor, rather to amend the locally preferred alternative (LPA) that is already in the Metropolitan Council Transportation Policy Plan. -- page City Council Meeting The LPA action is a statement of support from each community to confirm they are in agreement with the proposed route and type of transit. A statement of support means that each community is willing to assess in more detail what transit could mean for their community. This includes investigating scenarios for land uses and development around each transit station. Lake Elmo will have access to support in developing such scenarios. The Gateway Corridor was recent awarded a SI million grant from the Federal Transit Administration (FTA) Transit Oriented Development Pilot Program allowing for more support and collaboration on decisions that will be made related to the transit stations in 2016 and 2017. In addition, the Gateway Corridor is fortunate to be undertaking this process with the support of East Metro Strong, a public -private partnership of businesses, cities. and counties working together to bring more and better transit investment to the East Metro. Lake Elmo is currently engaged in an East Metro Strong -supported study; East Metro Strong will provide an update on this work at the January 5, 2016, City Council meeting. If approved by all cities and counties in the corridor, the complete LPA will be included as one of the routes in the Gateway Corridor Draft Environmental Impact Statement submitted to the Federal Transit Administration in February 2016 for technical and legal review and released for public comment in summer 2016. The preferred alignment would also be included in the next phase of study to take place over a 24-month period between mid-2016 to inid-2018 that would bring the project from its current 1% design to approximately 30% design and include robust station area planning. Background In September 2014, based on technical, policy and community input, the Locally Preferred Alternative (LPA) was identified for the Gateway Corridor project. The Gateway Corridor will provide for a dedicated guideway for Bus Rapid Transit (BRT) from Union Depot in Saint Paul to Manning Avenue generally along the 1-94 corridor. The far eastern portion of the LPA was depicted as a 'yellow bubble' generally on the Hudson Road -Hudson Boulevard alignment that crosses to the south side of1-94 somewhere between Lake Elmo Avenue/Settlers Ridge Parkway and Manning Avenue. The yellow bubble area is called the E-Segment. This route option was not finalized due in part to the fact that Metro Transit had not yet determined the location of an express bus park -and -ride facility that is being planned in the vicinity of Manning Avenue and I- 94. Local partners also wanted to have further conversations with elected officials, property owners, and stakeholders before this section was finalized. All Gateway Corridor cities and counties, including Lake Ehno, adopted a resolution for the LPA with a yellow bubble generally on the Hudson Road -Hudson Boulevard alignment in fall 2014 (Attachment 1). This same LPA was adopted by the Metropolitan Council as part of the 2040 Transportation Policy Plan in February 2015, with the expectation that the route in Segment E would be further analyzed and refined over the next year. A map of the LPA that was adopted in fall 2014 is below. -- page 2 -- City Council Meeting ,11 WASHINGTON COUNTY .;F 1 LANDFALL 4 ftMiles 0 0.25 0.5 0.75 fidzz- 'nn iv. .9" SAINT PAUL OAKDALE h Hudson tsze "4. nn, LAKE ELP.10 1-114,1scri Blvd Flocis..on WOODBURY Approved Locally Preferred Alternative (Fall 2014) RAMSEY COUNTY WASHINGTON COUNTY MP L FOOD OAKDALE LJNOFALL WOODBURY Mt; Witz iffjatati, t.t EST LAKELAND -n 0 z 'Or -- page 3 -- City Council Meeting Technical Analysis Over the past year, additional analysis and coordination has taken place so the preferred route could be refined to determine a more defined route between Lake Elmo Avenue/Settlers Ridge Parkway and Manning Avenue. Key factors considered in the refined LPA include cost, flexibility, ridership, economic development potential. and operational efficiency/system integration. Several proposed routes were considered by the Technical Advisory Committee (TAC), Community Advisory Committee (CAC), and Policy Advisory Committee (PAC) taking these factors into consideration. The following options were considered for inclusion in the refined LPA process. You will note that the station locations remain constant in each option. Option A The route crosses I-94 on the existing Lake Elmo Avenue/Settlers Ridge Parkway overpass in mixed traffic, where there is a proposed station location in Woodbury. The route then heads east on Hudson Road to Manning Avenue. The route goes north on Manning Avenue in mixed traffic to Hudson Boulevard to the end/start of the line station location in Lake Elmo. This station location also coincides with the proposed location of the Metro Transit express bus park -and -ride. Option B The route stays north of 1-94 in Lake Elmo along Hudson Boulevard to Manning Avenue, where there will be a station location (as well as the express bus park and ride). It then travels south on Manning Avenue in mixed traffic, then west along Hudson Road to the end/start of the line station location near Settlers Ridge Parkway in Woodbury. 7." Option C This route involves a one-way loop whereby the route stays north along Hudson Boulevard in Lake Elmo to Manning Avenue, then heads south into Woodbury on Manning Avenue in mixed traffic. It then heads west on Hudson Road to Settlers Ridge Parkway, where there is a station location. It then goes north across the freeway into Lake Elmo turning east onto Hudson Boulevard, to the end/start of the line station location near Manning Avenue. ,4011111,11A1111,041,o1UNA,,,,,,ei.,..11 C." Oritiott 16,11,1H Optiort 8 One -Way Loop Option C was eliminated from an operational perspective, as loops have been proven to cause confusion to riders and Metro Transit has refused to accept any additional loop routes given these challenges. -- page 4 -- City Council Meeting Options A and B were compared against each other using the following metrics: lowest travel time to Union Depot, lowest cost for Segment E. highest ridership gain, and overall transit rider experience. Based on the analysis and the metrics noted above, Option A was selected as the preferred alignment for the purpose of holding the public hearing and receiving comments. Option A had the lowest travel time from Union Depot, the lowest relative cost, the highest ridership gain, and a better overall transit rider experience. This option was recommended by the CAC, TAC and the PAC for public comment. Details of the analysis are in Attachment 2 and will be included in the presentation to the Council. Public Input and the Locally Preferred Alternative (LPA) Approval Process The PAC and Gateway Corridor Commission recommended the refined LPA be released for public comment on August 13, 2015. At the public hearing on September 10, 2015, held at Woodbury City Hall, the public was provided an opportunity to comment on the proposed route. Additional comments were accepted at an open house in Lake Elmo on August 19, 2015 and via email or mail through September 24, 2015. The cities of Lake Elmo and Woodbury (note: Woodbury acted on 12/9/15) and the Washington County Regional Railroad Authority are now asked to provide resolutions of support for the refined LPA, so that it can be forwarded to the Metropolitan Council for adoption into the Transportation Policy Plan. All comments received can be found here: After the Gateway Corridor Commission, Cities of Lake Elmo and Woodbury, and Washington County pass resolutions to confirm the LPA the information will then be sent to the Metropolitan Council and an administrative amendinent will be done on the TPP. -- page 5 -- City Council Meeting Additional Considerations for the Action What a "yes- vote means: Does not come with an implicit or explicit expectation for future action. Continues down a path of providing a transportation alternative for those that live in Lake Elmo and cannot drive, including seniors and persons with disabilities, or choose not to drive. Allows Lake Elmo to continue to explore a range of residential and commercial development opportunities/visions in the Old Village and along 1-94 arid test whether the market place can deliver those opportunities/visions with or without a transit investment. Distinguishes Lake Elmo from other communities that are trying to attract high quality commercial development. Provides more options to work with the residential and commercial market and through those options have more control over Lake Elmo's destiny Includes Lake Elmo in the Draft Environmental Impact Statement to be submitted to the Federal Transit Administration in February 2016 for technical and legal review and released for public comment in Summer 2016. Also includes Lake Elmo in the next phase of study to take place over a 24-month period between mid-2016 to mid-2018 to bring the project from its current 1% design to approximately 30% design. Does not change the accepted Metropolitan Council residential forecast of 18,200 residents, 7,100 households, and 3„800 jobs in 2040. The total of existing and approved but not yet constructed households are below the forecasts, as are residents and jobs. Taking into account the roughly 1850 housing units approved by the city there are roughly 2200 more housing units that would need to be planned for by 2040. These housing units will be planned in both sewered as well as non-sewered areas of the city and will need to be accounted for in the 2018 comp plan. The housing units which will be planned for sewered areas of the city will need to have a density of at least 3 units per acre on average. The transit area planning densities would need to meet the Met Council expected densities; this density could be made up of employment, students, residential or a combination of any of them. Finally, the Met Council expects the city to plan for sufficient land to accommodate forecasted growth and land to meet the Cities affordable housing allocation through 2040. What a "no- vote means: Removes Lake Elmo from consideration of all day bus rapid transit service and forecloses on the exploration of the benefits and protections bus rapid transit service may -- page 6 -- City Council Meeting bring Lake Elmo. Because the East Metro Strong -supported study is to help study issues related to transit, stopping consideration of transit would also result in termination of the contract with East Metro Strong and payment of 20% of costs incurred to date. The discussions held with the City as part of the East Metro Strong -supported study raised •and began exploring a variety of issues that will affect Lake Elmo's future. The loss of the planned work supported by East Metro Strong and the loss of access to the support available through the FTA grant together would mean the loss of substantial resources which would help the Lake Elmo understand these issues and shape its response to them. Delays submittal of the Draft Environmental Impact Statement to the Federal Transit Administration while the Gateway Corridor takes time to establish a route and termini that the remaining local partners support. Summary: Yes and No Voting yes or no on studying the "E2" Gateway Corridor rapid transit alignment Environmental studies Route must be reassessed Conceptual design studies Subsequent planning occurs without Lake Elmo -- page 7 -- City Council Meeting RECOMMENDATION: A resolution transmitting the city of Lake Elmo's support for the locally preferred alteniative — segment E alignment refinement in Lake Elmo and Woodbury to the Gateway Corridor Commission, WCRRA and Metropolitan Council. • Mounds Boulevard minfichz!ha Ave. • • Etna Earl Street Street Union SAINT PAUL Depot WASHINGTON COUNTY N ALL Greenway Avenue Potential Station Locations OAKDALE Helrno Avenue Sun Ray White Bear Avenue LAKE ELMO Inwood Avenue Keats Hudson Dicd Avenue'. Hud 5,311 Ave Hudson Rd tEn VVOODBURY zr. 0 RAMSEY COUNTY WASHINGTON COUNTY MAPLEWOOD 1 OAKDALE ANDFALL Headquarters Greenway Avenue WOODBURY tfi Manning Avenue Park,and-Ride • c, r.1 Settlers Ridge Ftf Parkway .7J Updated Locally Preferred Alternative (Recommended by PAC November 2015) ATTACHMENTS: T LAKELAND 0 z Feet 2,000 4,000 1. City of Lake Elmo Resolution No. 2014-71 Support forthe Locally Preferred Alternative 2. Analysis for route options in Lake Elmo and Woodbury 3. Resolution 2016-2 Support for LPA -E2 -- page 8 -- CITY OF LAKE ELMO WA8H8NGTON COUNTY STATE KVFM8NNESOTA RGSOLUTIONZQ16-O2 4RESOLUTION TRANSMITTING THE CITY OFLAKE ELIN[/S SUPPORT FOR THE LOCALLY PREFERRED ALTERNATIVE SEGMENT E ALIGNMENT REFINEMENT IN LAKE ELMO AND WOODBURY TO THE GATEWAY CORRIDOR COMMISSION, VVCRR4AND METROPOLITAN COUNCIL WHEREAS, the Gateway Corridor is proposed project that will provide for transit infrastructure improvements in the eastern portion ofthe Twin Cities, and; WHEREAS, the Gateway Corridor is located in Ramsey and Washington Counties, Minnesota,extending approximately 12 miles, and connecting downtown Saint Paul with its East Side neighborhoods and the suburbs of Maplewood, Landfall, Oakdale, Lake Elmo, and Woodbury, and; WHEREAS, the Gateway Corridor Project received the important Presidential designation as Federal Infrastructure Permitting Dashboard Project, and; WHEREAS, resolutions of support for BRT Alternative A-B-C-D2-E2 were provided by the PAC, GCC, each of the Gateway Corridor cities, and Ramsey and Washington County Regional Railroad Authorities in 2014, and; WHEREAS, the Gateway Corridor (Gold Line) was officially included in the Metropolitan Council's 2040 Transportation Policy Plan, and; VVMERE45 the LPAalignment from Lake Elmo Avenue/Settlers Ridge Parkway toManning Avenue required further refinement todetermine the crossing location cf|-94,and; WHEREAS, several alignment and station location configurations were prepared and assessed from Lake Elmo Avenue toManning Avenue, and; WHEREAS, theTA[ inotechnical advisory role tothe PAC, provided the following input unthe LPAAlignment refinement between Lake Elmo Avenue/Settlers Ridge Parkway and Manning Avenue: 1 � BRTA|ignmentA,B-C-D2E2'whichuntheeaxtendbe#insandendsatthez�rni`OAvenueparkandhde in Lake Elmo, travels on Manning Avenue to Hudson Road, proceeding on Hudson Road to Settlers Ridge Parkway, with astation inthe vicinity ofSettlers Ridge, then proceeding north unSettlers Ridge toHudson Boulevard in Lake Elmo. The LPAalignment from this point west remains unchanged. WHEREAS, a public hearing was held on September 10, 2015 in Woodbury on the preliminary LPA alignment refinement, atwhich time four comments were received, and; WHEREAS, the comment period on the LPA refinement remained open through September 24, 2015, during which time 2Ocomments were received NOW THEREFORE BE IT RESOLVED that the City of Lake Elmo has taken into consideration the technical information on each of the alignment options for the segment of the LPA between Lake Elmo Avenue/Settlers Ridge and Manning Avenue, along with the TA[and public input and identifies 8RTAlternative 4-8'['DZ-E2(see map onpage 3Uwhich onthe east end begins and ends at the proposed Manning Avenue park and ride inLake Elmo, travels on Manning Avenue to Hudson Road, proceeding on Hudson Road or in the vicinity of Hudson Road to Settlers Ridge Parkway, with a station in the vicinity of Settlers Ridge, then proceeding north on Settlers Ridge to Hudson Boulevard inLake Elmo os the refined LPAalignment inLake Elmo and Woodbury. The LP4alignment from this point west remains unchanged, and; BE|TFURTHER RESOLVED that the City ofLake Elmo commits toworking with the Washington County Regional Railroad Authority (WCRRA), on behalf of the Gateway Corridor Commission, and the Metropolitan Council to address the comments submitted by agencies, adjacent communities, the business sector, and the following areas ofparticular importance tothe City ofLake Elmo I� . The ownership and maintenance responsibilities of Hudson Boulevard were recently turned back tothe City of Lake Elmo from MnDQT. If Hudson Boulevard is expanded to accommodate a gKTgvideway or additional travel lanes for the exclusive use of bU5es it may increase the demands on the City to properly maintain the roadway, The City of Lake Elmo requests analysis of appropriate jurisdictional control over Hudson Boulevard and robust consideration of possible turn back to Washington County. Z. Maintaining access for current land owners along Hudson Boulevard and planning for access for future development needs to be part of afunchono| ingress -egress policy, The City of Lake Elmo requests the development of an access management plan for Hudson Blvd. that is supported by property owners, the City ofLake Elmo and Washington County. 3. The City of Lake Elmo supports an easterly station in the proximity of the NW comer of Manning Avenue and |'94tosupport economic development, including job creation, tax value, and traffic efficiency associated with the creation of a business park asguided bythe City's Comprehensive Plan. Incorporating aGateway station inLake Elmo will require station area planning resources tuensure that Lake Elmo is maximizing economic development potential and ridership. The City Lake Elmo requests thorough analysis of economic development potential to assist in guiding the placement of Gateway stations in the corridor segment from Keats Avenue to Manning Avenue as well as planning resources from the Gateway Corridor Commission and Washington County to assist with transit oriented development/station area planning. 4. Lake Elmo Avenue serves asanimportant access point todowntown Lake Elmo. Due tuthe proximity nf the road to both the Lake and developed neighborhoods, future expansion is constrained through the downtown area and the roadway cannot functionally handle additional growth inthe regional movement oftraffic beyond what bcurrently forecasted. The City ofLake Elmo recognizes that while the Gateway Corridor project will likely not preclude an interchange in this location, it would like to take this opportunity to state to Washington County, the Minnesota Department of Transportation and the Federal Highways Administration that an interchange is NOT desired inthis location. S. 5afetyandsecurity at8RTstations for transit patrons and surrounding businesses and neighborhoods b very important to Lake Elmo. BRT Stations should be designed to be safe and secure environments that incorporate design elements todeter crime such asgood lighting, visibility, security monitoring. The City of Lake Elmo requests a safety and security plan toensure that adequate resources are provided at a regional and local level to effectively address safety and security concerns at Gateway Corridor NOTE: THE PLA[EHO00ERFOR CITY 0FLAKE ELM0TOIDENTIFY PARTICULAR AREAS OFIMPORTANCE |N RESOLUTION |SOPTIONAL. CITY SPECIFIC ITEMS COULD ALSO BEADDRESSED THROUGH SEPARATE TRANSMITTAL. BE IT FURTHER RESOLVED that this resolution adopted by the City ufLake Elmo beforwarded tothe Gateway Corridor Commission, WCRRA and the Metropolitan Council for their consideration. Attest Citv Clerk dh41' Union Depot AImaennaDe rn • Mounds • Etna Boulevard Earl Street Street WASHINGTON COUN LANDFALL • Greenwa Avenue 3,000 im,A.4aft 69 S!NTFDIOJ'..., White Be Avenue RAMSEY COUNTY I WASHINGTON COUNTY cd:IAP EWOOD Ray OAKDALE ID ,a".•'. I-, LAKE ELMO ... KAAD, 0;reltrz.LOve-‘,a'•4O.0-4,-'°-"•'. .,"'s'I'''''',' Hahne Inwood ix.,,-eI .,.., Avenue Avenue _ IKDas:. n Ane. rin Keats A- D. Avenue -,:::• Di VY 0 CID DKJ PO' I'---•::, Feet • Potential Station Locations g21:04' Refined Portion of LPA Alionment OAKDALE DANDFAL • s Greenway Avenue `,•DIOIDDEI LI RY Pa„rkdRich. ke "SettiersiRidgeu Parkway 49 InSeptember I8l4based ontechnical, policy, and community the Locally Preferred Alternative /LPA\ was identified for the Gateway Corridor project. This alternative was described as bus rapid transit (8RT) generally onthe Hudson Road -Hudson Boulevard alignment that crosses tothe south side uf\'94between approximately Lake Elmo Avenue and Manning Avenue. The LPAwas adopted bythe Metropolitan Council aspart Vfthe 2Q4O7ronsonrtotionPolicy Plan inJanuary 3Ol5. In order to determine the route between Lake Elmo Avenue/Settlers Ridge Parkway and Manning Avenue, additional analysis and coordination has taken place. r3=11"a. Cost Flexibility Ridership What is theNPA and why 'sit 'important? ''- � ��� the next step_�i Economic development potential Operationa|effidenrv/ system integration Multiple routes were studied (see back ofhandout) and community, technical, and policy input was collected. Based onthe information gathered todate, the Policy Advisory Committee made adraft recommendation for public comment that Option 4should beincluded aspart ofthe refined LPAalignment. Option Ahas the fastest travel time, lowest cost, and highest ridership out of the routes studied. The refined LPAroute isshown onthe back ofthis handout. Station locations are included asreference and are not adopted aspart nfthe LPA. The LPArefinement is limited to the proposed route from Lake Elmo Avenue toManning Avenue. Contact Information Mounds Boulevard • Union Depot i WASHINGTON COUNTY 0 Earl Street • Etna Street SAINT PAUL AKDALE. • LANDFALL 5 HelmInwood Avenue Avenue GreenwaV Avenue Fee': 3000 6,000 Sun Ray White Bear Avenue ELP/10 J Keats Avenue WOODBURY potential Station Localions Ficfined Potion of LPA Alignment 1 ^ y Lowest Travel 33,2 min 33.5 min Time' Lowest Cost2 $16.7 million $23.5 million Highest 275 riders 225 riders Ridership Gain Overall Transit Stops at future Stops at future , Loops have bus Rider express r express bus been proven to Experience park -and -ride at , park -and -ride cause Manning Avenue at Manning confusion for in Lake Elmo Avenue in Lake : riders Elmo but would backtrack Supported by Recommended Not Not Technical, for refined LPA , recommended recommended Policy, and for refined LPA for refined LPA Community Advisory Committees Travel time to Union Depot Cost represents LPA refinement area only; does not add to overall project cost RAMSEY COUNTY WASHINGTON COUNTY OAKDALE MAPLEWOOD LANDFALL • • 3M Headquarters Greenway Avenue WOODBURY (7. •SettiersRdge Par way arkand!Riie 1: 4",;41:V-it4rOv, ST L AKELANO m 2 CITY' OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-71 A RESOLUTION TR&NSMITTING THE CITY OF LAKE ELMO'S SUPPORT OF THE LOCALLY PREFERRED ALTERNATIVE (EPA) To THE RCRRA, WCRRA, and METROPOLITAN COUNCIL WIIEREAS, the Gateway Corridor is a proposed project that will provide for transit infrastructure improvements in the eastern portion of the Twin Cities, and: WHEREAS, the purpose of the project is to provide transit service to meet the existing and long-term regional mobility and local accessibility needs for businesses and the traveling public within the project area by providing al] day bi-directional station -to -station service that compliments existing and planned express bus service in the corridor. and; WHEREAS, the Gateway Corridor is located in Ramsey and Washington Counties. Minnesota, extending approximately 12 miles, and connecting downtovm Saint Paul with its East Side neighborhoods and the suburbs of Maplewood. Landfall, Oakdale, Lake Elmo, and Woodbury, and; WHEREAS, the Gateway Corridor Commission (GCC). in partnership with the Metropolitan Council and other project stakeholders, completed the Gateway Corridor Alternatives Analysis (AA) Study that in addition to the No - Build alternative recommended one bus rapid transit (BRT) and one- light trail transit (LRT) alternative he advanced for further study in the federal and state environmental review process. and WHEREAS, the Federal Transit Administration (TTA); the Washington County Regional Railroad Authority (WCRRA). serving on behalf of the GCC; and the Metropolitan Council have initiated the environmental review process for the Gateway Corridor project, with FIA designated as the lead federal agency for this project, and; WHEREAS_ the Gateway Corridor project recently received the important Presidential designation as a Federal Infrastructure Permitting, Dashboard Project. and; WHEREAS, the Gateway Corridor project recently completed the Scoping, phase of the environmental process, which resulted with the Policy Advisory Committee (PAC) and the GCC recommending further study of the No - Build alternative, four BRT alternatives operating within a dedicated Guideway (A-B-C-DI-El. A-B-C-D2-El, A- B-C-D2-E2, A-B-C-D2-E3) and a managed lane alternative in the Draft Environmental impact Statement (EIS) at the request of the FlA and Federal Highway Administration (FHWA), and; WHEREAS. the BRT alignments that advance into the Draft EIS will be further defined and evaluated to minimize impacts to surrounding properties and the I-94 corridor which may include operating in existing lanes with mixed traffic at pinch points where right-of-way is constrained, enhance economic development potential. and reduce capital costs while providing required operating efficiency, with attention to mobility options for environmental justice populations. and: WHEREAS, through the Scoping process. the PAC and the GCC recommended that the LRT alternative be eliminated from further study due to its higher costs while generating a similar ridership. and; WHEREAS, the identification of a Locally Preferred Alternative (LPA) is a critical first step in pursuing federal funding for the Gateway Corridor project, and; WHEREAS, the adoption of the LPA into the Metropolitan Council's Transportation Policy Plan will conclude the FTA Alternatives Analysis process. and; WHEREAS, the LPA will be one of the Build alternatives identified and studied in the Draft EIS, and: WHEREAS. the LPA includes the definition of the Gateway Corridor mode and a conceptual alignment which can be refined through further engineering efforts. and: WHEREAS. the LPA selection process does not replace or override the requirement to fully examine alternatives and determine the adverse impacts that must be avoided or mitigated under the federal and state environmental review process, and: WHEREAS, the comments submitted by agencies. the business sector, and the public during the Scoping phase, as well as the additional coniments received from adjacent conununities since the Scoping phase, will be addressed accordingly through the Draft EIS process, and; WHEREAS, the PAC and GCC each passed resolutions on Jul), 24, 2014 recommending BRT Alternative A-B-C- D2-E2 (see attached fillre) as the proposed LPA for review at the August 7 PAC sponsored LPA public hearing and inclusion in the Metropolitan Council's Draft 2040 Transportation Policy Plan, and; WHEREAS, the Gateway Corridor PAC/GCC held a public hearing on August 7, 2014 as part of the Ll'A decision making process. A total of 35 comments were received through the proposed LPA review process, and; WHEREAS, the Cities will be working collaboratively and with support from the GCC to complete a market analysis and station area plans for the areas around the BRT Guideway stations as a part of the Draft EIS process, and; NOW THEREFORE BE IT RESOLVED that the City of Lake Elmo supports the LPA recommendation of the PAC and GCC and identifies the dedicated BRT alternative generally on the Hudson Road — Hudson Boulevard aligmnent that crosses to the south side of 1-94 between approximately Lake Elmo Avenue and Manning Avenue is the Locally Preferred Alternative for the Gateway Corridor project. (see attached figure). BE IT FURTHER RESOLVED that the City of Lake Ehno commits to undertaking and developing station area plans with the support of the GCC for the proposed BRT guideway station areas within its jurisdiction based on the results of a market analysis. community input. and Metropolitan Council guidelines and expectations for development density. level of activity, and design. BE IT FURTHER RESOLVED that through the Draft EIS process the PAC and the GCC will continue to evaluate and focus on transit set -vice connections to the dedicated BRT system (A-B-C-D2-E2). including an efficient feeder bus network, as well as the number and location of stations throughout the Gateway Corridor to maximize service, accessibility, and surrounding economic development opportunities, while minimizing impacts. BE IT FURTHER RESOLVED that the City of Lake Elmo commits to working with the Washington County Regional Railroad Authority, on behalf of the Gateway Corridor Conunission, and the Metropolitan Council to address the comments submitted by agencies, adjacent communities, the business sector, and the public during the Scoping phase. as well as additional comments received during the development of the LPA. through the Draft EIS process, and the following areas of particular importance to the City of Lake Elmo, 1. The ownership and maintenance responsibilities olHudson Boulevard were recently turned back to the City of Lake Elmo from MnDOT. If Hudson Boulevard is expanded tc-i accommodate a BRT guideway or additional travel lanes for the exclusive use of buses it may increase the demands on the City to properly maintain the roadway, The City of Lake Elmo requests analysis of appropriate jurisdictional control over Hudson Boulevard and robust consideration of a possible turn back to Washington County. Maintaining access for current land owners along Hudson Boulevard and planning for access for future development needs to be part of a functional ingress — egress policy. The City of Lake Elmo requests the development of an access management plan for Hudson Blvd. that is supported by, property owners, the City of / ,ake Elmo and Washington County. 3, The City of Lake Ehno supports an easterly station in the proximity ofthe NW corner of Manning Avenue and 1-94 to support economic development, including job creation. tax value, and traffic efficiency associated with the creation of a business park as guided by the Citv's Comprehensive Plan. Incorporating a Gateway station in Lake Elmo will require station area planning resources to ensure that Lake Ehno is maximizing- economic development potential and ridership. The City Lake Elmo requests thorough analysis of economic development potential to assist in guiding the placement of Gateway stations in the corridor segment from Keats Avenue to Manning Avenue as well as planning resources from the Gateway Corridor Commission and Washington County to assist with transit oriented development/station area planning. 4. Lake Elmo Avenue serves as an important access point. to downtown Lake Elmo, Due to the proximity of the road to both the Lake and developed neighborhoods, future expansion is constrained through the downtown area and the roadway cannot functionally handle additional growth in the regional movement of traffic beyond what is currently forecasted. The City of Lake Elmo recognizes that while the Gateway Corridor project will likely not preclude an interchange in this location. it would like to take this opportunity to state to Washington County, the Minnesota Department of Transportation and the Federal Highways Administration that an interchange is NOT desired in Ibis location. Safety and security at BRT stations for transit patrons and surrounding businesses and neighborhoods is very important. to Lake Elmo. BRT Stations should be designed to he safe and secure environments that incorporate design elements to deter crime such as good lighting, visibility, security monitoring. The City of Lake Elmo requests a safety and security plan to ensure that adequate resources are provided at a regional and local level to effectively address safety and security concerns at Gateway Corridor facilities. 6. The City of Lake Elmo would also support an A-B-C-D2-E3 part of the Draft EIS. d continued evaluation as I3E IT FURTHER RESOLVED that this resolution adopted by the City of Lake Elmo be forwarded to the Metropolitan Council for their consideration. Recommended Locally Preferred Alternative — BRT Alternative A-B-C-D2-E2 (Conceptual) ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF SEPTEMBER 20J 4. Mike Pearson Mayor (Seal) Al I EST: Adam Bell City Clerk tc. Union Depot WASHINGTON COUNTY KDA Lit ! Greenway Avenue Potential BRT Station Locations Potential Downtown Stops Maria Avenue Mounds Boulevard Helmo Avenue Earl Street Etna Street 11-11t !fel via, A A Inwood Avenue White Bear Avenue L A K171 17! ivi() Keats Avenue ' n Ray Maria Avenue Option = -,- D2 Keats Avenue Option Hudson Road Option 4th Street Option E2 Keats Avenue Option Note: Potential station locations are shown for reference. They are not included as part of the Locally Preferred Alternative. RAMSEY WASHINGTON COUNTY COUNTY 1.)A KienL F.: 3M Headquarter Manning Avenue SettlersRidge Parkway Greenway Avenue W-11N7!!1,111!i1111',7 Fee 2 000 4 000 (:ITY A,KE ELMO AYOR & COUNCIL CO UNICATION DATE: January 5, 2016 REGULAR ITEM # 14 AGENDA ITEM: Appointment of 2016 Acting Mayor SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Clark Schroeder, Interim City Administrator introduction °client ...... ...... City Administrator ltcport/Presentation...... ....... „City Administrator Questions from Council to ..... Mayor Facilitates Call for Motion ..... Mayor & City Council Discussion........,......... ..... ...... Mayor & City Council Action on Motion .... ............. ....... ....... Mayor Facilitates POLICY RECOMMENDER: This item is mandated by state statute. FISCAL IMPACT: None SUMMARY AND ACTION REOUESTED: Pursuant to Minn. State Statute §412.121, the City Council is asked to select an Acting Mayor on the City's behalf', should Mayor Pearson be unavailable or unable to attend a meeting, sign an agreement, or attend functions on behalf of the City. Any member of the council is eligible for this position. The recommended motion to act on this organizational function is as follows: "Move to appoint Council Member as Ac y r fir 2016" LEGISLATIVE HISTORY: Minnesota State Statute § 412.121 reads: "At its first meeting each year the council shall choose an acting mayor from the council members. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor from the city or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies." This requirement is also prescribed in Lake Elmo City Code § 31.01(E)(3). Councilinember Smith was appointed Acting Mayor for 2015. pag City Council Meeting [Regular Agenda Itelq January 5, 2016 BACKGROUND INFORMATION (SWOT): Strengths Appointing an "Acting Mayor" makes the City compliant with state law and provides a back-up for when the mayor is unavailable. Weaknesses There are no identified weaknesses. Opportunities The Acting Mayor is able to learn more about running meetings and serving the City/Council in a slightly different role. Threats There are no identified threats. RECOMMENDATION: It is recommended that the City Council appoint an Acting Mayor for 2016, pursuant to state statute, by making the following recommended motion: "Move to appoint Councihnember AUTHORITIES: 2014 Minnesota Statutes: § 412.121 ACTING MAYOR as 14cting Mayorfor 2016" "At its first meeting each year the council shall choose an acting mayor from the council members. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor from the city or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies." Lake Elnio, MN Code of Ordinances (2008): § 31.01 MEETINGS (E) Initial meeting. At the first regular Council meeting in January of each year, the Council shall: (3) Choose 1 of the Council Members as Acting Mayor, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the city or, in case of a vacancy in the Office of Mayor, until a successor has been appointed and qualifies; -- page 2 -- Ti II'. CITY OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: TEIROUGUL REVIEWED BY: MAYOR AND COUNCIL COMMUNICATION DATE: 1/5/16 REGULAR ITEM #: 15 MOTION Appoint City Attorney - General Counsel Clark Schroeder Clark Schroeder Clark Schroeder SUGGESTED ORDER OF BUSINESS: Introduction of Itein.. Report/Presentation ......,. ........... Questions from Council to Staff Public Input, if Appropriate. Call for Motion.. ..... . ..... ..... Discussion Action on Motion . .... Staff .......„. ........ ...... ...... ........ ......... ......... ...... ....Staff Mayor Facilitates Mayor Facilitates .......... .......... ....... .............. ...... Mayor & City Council . Mayor & City Council Mayor Facilitates PUBLIC POLICY STATEMENT APPOINTMENT OF CITY ATTORNEY SUMMARY AND ACTION REOUESTED: Appointment of City Attorney needs to be done with an effective start date of 1/6/16 BACKGROUND AND STAFF REPORT: An RFP was sent out requesting services for a City Attorney and Prosecution Services. The city received 3 responses, two for City Attorney and one for Prosecution Attorney. The two law firms which submitted proposals for City Attorney are Callies Law and Kennedy & Graven. Interviews were held with council and council has the proposals detailing services and costs. Council is encouraged to pick one of these two law firms to be City Attorney, RECOMMENDATION: As the City Attorney reports directly to the Council, Staff have no recommendation concerning this appointment. ATTACHMENT(: Proposals from Callies Law and Kennedy & Graven KENNEDY & GRAVEN, CHARTERED PROPOSAL FOR CITY ATTO EY SERVICES CITY OF LAKE ELMO Contact Person: Sarah J. Sonsalla Date: December 11, 2015 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 E-mail: SSonsallairekennedv-araven.com Telephone: (612) 337-9305 Facsimile: (612) 337-9310 www.ketinedv-uraven.com TABLE OF CONTENTS Page CITY ATTORNEY SERVICES PROPOSAL ..... .............................. ..... ......... ..... ........................, I A. Indication of City Attorney Representation..............,................... .... ....................................... B. Firm Background ........ ....... ............................ ....... ....... ....... ......................1 1. History of Finn and Nature of Firms Practice ...........................................................1 2. Number of Attorneys, Partners and Areas of Specialty ..... .....,.......2 3. Overall Qualifications of Attorneys Likely to Provide Service......... ..... ..................... 2 4. Support Personnel 5. Office Organization and Support Capabilities 6, 7. Current Use of Technology 8. Statement of any Malpractice Claims and/or Ethics Complaints ....... ...... ....... 3 9. Statement of any Attorney Felony ................................................ ...... ........... ..... .........4 10, Statement of any Attorney Prosecutorial misconduct ....... ........... .......4 11. Statement of 2014 Billings for Municipal Work....... ..... ,............. ....... .........................4 12. Malpractice Insurance Coverage ..... ........ ........... ..... ........... 4 13, Compliance with Federal and State Laws....................................................................4 CAttorney Qualifications ........... ....... ....... ........ ....... ......................,..... .......... ............ .........4 1. Sarah J. Sonsalla — Proposed Lead City Attorney ......................., ....... ............. ....... 5 2. Andrew M. Biggerstaff— Proposed Assistant City Attorney 3, Other Attorneys Who May Supply Services to the City .......... ..,.................................8 4. Current Responsibilities of Lead Attorney............ ........ ....... ...........,..........8 D. List of Cities our Finn Currently Represent...........................................................................8 E. List of Cities our Firm Began and Stopped Representing in the Last Three Years. ...... ..........8 F. G. Firms View of Responsibilities to the City ..............................„........................... ...... ...........9 H. Malpractice Insurance ........ ...... ...... .......................„...................... ..... 9 J. City/City Attorney Relationship ..... ...................................9 K. Fees Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Attorney List Attorney Resumes Representative Cities/Towns/Other Entities Client References Certificate of Insurance CITY ATTORNEY SERVICES PROPOSAL. A. Indication of City Attorney Representation Kennedy Sz Graven, Chartered presents this proposal relating to City Attorney (civil) services only. B. Firm Background 1. Brief history of the firm including nature of the firm's practice. Kennedy & Graven, Chartered is the largest law firm in Minnesota that practices primarily local government law. The firm was founded in 1973 with a practice in local government law, public finance, and development. In 1989, members of a leading local government law firm, LeFevere, Lefler, Kennedy. O'Brien & Drawz, P.A., joined the firm. Since 1989, Kennedy & Graven has expanded and diversified its representation of public sector clients to include school districts and townships. Kennedy & Graven practices in all major areas of local government law relating to cities, including: General Counsel Economic Development and Redevelopment Eminent Domain Municipal Finance Municipal Licensing City Code Enforcement Employment Law/Labor Relations Joint Powers Legislative Ordinance Codification and Ordinance Updating Real Estate 'I'ax Increment Financing Zoning and Land Use Telecommunications, Gas and Electric, Utilities and Franchise Law Public Bidding and Construction Law Environmental and Superfund Law Municipal Litigation 2. Number of attorneys, including number of partners and associates and areas of specialty. The firm has 31 attorneys and over 95 percent of the tirm's work is related to local government law. Twenty-one attorneys arc shareholders, six attorneys are associates and four are of -counsel. 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. Exhibit 1 contains a list of the firm's attorneys and their respective practice areas. Detailed resumes for each of the firm's attorneys are available at www.kennedv-graven.coni. 4. Support personnel including number and expertise. Our firm has seven paralegals and one law clerk. When it is more efficient and economical for the City, certain work may be assigned to the law clerk or paralegals working under the direct supervision of the responsible attorney. Certain activities encompassed by this proposal, such as the initial drafting of condemnation petitions, routine litigation and public finance documents, and routine real estate matters may be assigned to one or more of the following paralegals: Real Estate Paralegals Nancy England - over 25 years of experience Michael Ferro - over 10 years of experience as an attorney and paralegal Cathy Rocklitz — over 35 years of experience .Puhlic Finance Paralegals Mel Davis — one year of experience Ellen Gerdts - over 4 years of experience Kim Ganley - over 20 years of experience Litigation Paralegal Toni Decker - over 20 years of experience ln addition to the paralegals mentioned above, our firm has 14 support staff employees performing administrative, accounting, and secretarial work. A firm administrator oversees the day-to-day administration of the firm. 5. Office organization and support capabilities. Kennedy & Graven is a professional corporation. The film is run by an executive committee which consists of five member shareholders. A full-time office administrator is responsible for the implementation of the directives from the executive committee and board of directors, and for overseeing the day-to-day operations of the firm. Secretaries are assigned to designated attorneys. Law clerks and paralegals are available to all attorneys on an as -needed basis. 6. Office Locatiou(s). Kennedy & Graven has one main office and two satellite offices. following addresses: Minneapolis: 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax (800) 788-8201 toll free (Main Office) St. Paul: Lawson Commons 380 Saint Peter Street, Suite 750 Saint Paul, MN 55102 (651) 294-3589 telephone (hy appointment) The offices are located at the St. Cloud: 501 West Germain Street Suite 320 St. Cloud, MN 56301 (320) 240-8200 telephone (by appointment) 7. Current use of technology, especially capability for computerized legal research and for sharing and editing documents electronically. The firm uses technology in a variety of ways to increase efficiency and effectiveness. One important use of technology is a centralized document management system. The fine uses EdocsDM. This allows every user in the firm to easily find and access any document. This database includes all of the firm's documents since 1997. The firm uses the Office 2010 software suite. The firm uses a program called Prolaw for all time, billing and administrative management of matters. The firm uses Egnyte brand file transfer protocol, if needed, for the sending and uploading of large or numerous documents. The firm primarily uses WestlawNext for computerized legal research with an inclusive subscription containing all major sources relevant to municipal law. The firm maintains certain specialty publications in house or electronically and also has access to the extensive legal research materials of the Hennepin County Law Library, which is located adjacent to our office in Minneapolis. Statement 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. None. None. None, 9. Identify any attorneys with the firm who would be working directly with the City of Lake Elio who have been found guilty of a felony. 10. Identify any attorneys with the firm who would be working directly with the City of Lake Elmo who have been accused of prosecutorial misconduct. 11. Statement of 2014 billings for mwaicipal work as a percentage of total 2014 billings, In 2014, approximately 95 percent of the firm's billings were related to municipal work.. 12. Describe malpractice insurance coverage: carrier, limits, and exemptions. The firm carries professional liability insurance with 'Westport Insurance Companies in the amount of $5,000,000 per claimiaggregate with industry standard exclusions only. 13. Statement of compliance with federal and state laws respecting • hts. Kennedy & Graven is in compliance with federal and state laws respecting civil rights. Kennedy & Graven is an equal opportunity employer and has an established affirmative action plan and equal employment opportunity plan. The firm has been certified by the State of Minnesota as having an approved affirmative action plan. The firm has adopted a specific AA/EEO Policy Statement and a Policy Statement Prohibiting Sexual Harassment in the Workplace. Copies of these policies are available to the City upon request. C. Attorney Qualifications Kennedy & Graven uses a collective approach to legal services. The designated City Attorney is the chief contact person with the client and personally handles much of the City's legal work; however, the City is able to work with any of the firm's attorneys. A second attorney is often designated as Assistant City Attorney to provide backup and be a second point of contact for the City. The City Attorney asks for the City's consent to assign certain specific matters to another attorney in the firm if the City Attorney believes it is more efficient for the City to do so. The designated City Attorney would retain overall responsibility to ensure that the needs of the City are being met. The economy in the firm's services comes from the depth and breadth of experience of its attorneys. Most of the attorneys have developed unique knowledge and experience in a 4 particular area (e.g., data practices, public contracting, special assessments, Open Meeting Law, etc.), Through the use of a team approach, the firm takes maximum advantage of these experiences, in many instances, a short intraoffice conference avoids what could otherwise require hours of research. In a similar manner, the firm's representation of many local government entities often means that an attorney at the firm reviewed an issue previously for a different client and has the experience, knowledge, and information to quickly and efficiently respond to the City. The firm proposes that Sarah J. Sonsalla be designated City Attorney and that Andrew J. Biggerstaff be Assistant City Attorney. 1. Sarah J. Sonsalla - Proposed City Attorney Please sec Exhibit 2 for a resume of Sarah J. Sonsalla. a. Academic training and degrees. Sarah earned a Bachelor of Arts degree with highest honors from the University of Wisconsin — La Crosse with degrees in Political Science and Philosophy, She received her J.D. degree from the University of Minnesota Law School in 2001. While in law school, Sarah was the Executive Editor of the Minnesota intellectual Property Review. b. Bar Admission and License Number. Sarah was admitted to the Minnesota State Bar in 2001. Her attorney license number is 0313464. c. Background and experience including prior municipal experience Sarah Sonsalla is currently the City Attorney for the cities of Lake City and Sandstone. She is also general counsel to Local Govenunent Information Systems (LOGIS), a joint powers intergovernmental consortium of Minnesota local government units that provides technology services. Sarah also serves as an assistant city attorney for the cities of Oakdale, Faribault, New Prague, Minnetrista, Medina, Shakopee, Kenyon, Mantorville and Mounds View. Sarah has over 14 years' experience in representing cities and townships. She joined Kennedy & Graven in 2005 and was elected shareholder in 2009. While at Kennedy & Graven, over 90 percent of Sarah's time has been spent on municipal/local government -related matters. Prior to joining Kennedy and Graven, Sarah worked for four years as an associate for a local law firm where she practiced in municipal law, labor and employment law and real estate. During that time, she served as the assistant city attorney for two cities (Maplewood and Taylors Falls) and the assistant township attorney for two townships (White Bear and Grey Cloud Island). She also represented numerous property owners in eminent domain proceedings and represented Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 and the Minnesota State High School League. 5 Sarah has significant experience in drafting and reviewing ordinances, resolutions, contracts and agreements and attending all types of city council, commission and staff meetings. Some of her recent projects have included drafting shoreland and flood plain ordinances, drafting zoning regulations; drafting development agreements, reviewing public improvement contracts and associated insurance certificates and peifonnance and payment bonds, drafting law enforcement services contracts, bringing hazardous building/nuisance abatement actions, reviewing and drafting joint powers agreements, drafting public notices, and drafting resolutions. Sarah also has significant real estate experience including the drafting of real estate documents such as purchase agreements and easements and bringing quiet title actions, proceedings subsequent, and Torrens registration actions. Sarah also has litigation experience and has provided litigation assistance to several of the firrn's municipal clients and the League of Minnesota Cities Insurance Trust on a variety of matters including bankruptcy, hazardous buildings, eminent domain, land use, vehicle forfeitures, and construction law. Her litigation experience includes drafting pleadings and discovery, attending depositions, drafting motions and memoranda of law and drafting appellate briefs, including a Minnesota Supreme Court brief involving a condemnation matter. d. List of Litigation as lead attorney Ms. Somalia has been involved in the following litigation matters: Greenfield: Jill Krout, Howard Veldhuizen, and Mark Lee, Individually v. City of Greenfield (2010-2011), three City council members sought damages for the release of certain data by City staff. The City prevailed in the matter and no damages were awarded. Various hazardous building actions, quiet title actions, Torrens proceedings subsequent and registration proceedings have been asserted (Minneapolis, Faribault, Kenyon, Mounds View, West Concord) and prosecuted to conclusion to correct hazardous buildings, nuisances, code deficiencies and title matters. Various litigation matters involving Department of Public Safety data look -ups, police enforcement issues, etc. have been tendered to the League of Minnesota Cities insurance Trust for defense in the regular course of each city's business. e. Professional affiliations Minnesota State Bar Association, Member Ramsey County Bar Association, Member International. Municipal Lawyers Association (IMLA), Member Minnesota Women Lawyers, Member 6 2. Andrew J. Bian Proposed Assistant City Attorney a. Academic training and degrees, Andrew graduated from Hamline University School of Law, St. Paul, Minnesota with a J.D. cum Iaude — 2012. His honors include multiple CALI Awards and the position of Associate Editor of the Law Review. Andrew graduated from the University of Minnesota, Duluth with a B.A.in 2008 with honors of Dean's List and a double major in political science and criminology. b. Bar Admission and License Number. Andrew was admitted to the Minnesota State bar in 2012. His attorney license number is 393551. c. Background and experience including prior municipal experience Since joining the firm, Andrew has assisted in handling a wide an -ay of matters for municipalities across the state. He has worked on issues of land use regulation, public employment, liquor and gambling regulation, data practices, contract drafting, and economic development. Prior to joining the firm, Andrew was employed for two years with the Minnesota House of Representatives in the non -partisan House Research Department, where he had also previously served as a law clerk. In that role, Andrew assisted elected officials in interpreting and modifying state law. Andrew also worked closely with countless local government officials in drafting proposed legislation to be considered by the legislature. Additionally, Andrew attended and staffed a large number of committee and other meetings to assist elected officials. In that role, Andrew gained specialized experience in local taxation, charitable gaming, alcohol regulation, and various consumer protection matters. Andrew also worked for the League of Minnesota Cities Insurance Trust while in law school as a litigation law clerk. In that capacity, Andrew assisted on over 15 state and federal lawsuits pending against cities, including assisting in the drafting of a brief to the Minnesota Supreme Court regarding governmental immunities. Recently, Andrew published an article in the League of Minnesota Cities magazine related to firearms laws with a specific focus on local government authority with regard to firearms. Andrew has also spoken on issues related to alcohol regulation as a panel member for a continuing legal education course. In addition to Andrew's legal experience, he also spent 10 years in the United States Army Reserve, including while in college and law school. d. List of Litigation as lead attorney Andrew is currently representing a city in a class action lawsuit related to storm sewer fees. Additionally, he is also currently serving as second chair in a complex construction dispute involving extensive renovations performed at a public elementary school. in the past, Andrew has 7 hands-on experience assisting in litigating cases dealing with public employment, governmental immunities, § 1983 claims, and land -use challenges. e. Professional affiliations Minnesota State Bar Association Hennepin County Bar Association 3 Other Attorneys Who May Supply Services to the City: The City Attorney may request that the City allow a matter to be assigned to a particular Kennedy & Graven attorney when another Kennedy & Graven attorney has special knowledge and comprehensive experience in that matter; for extunple: Julie Eddington — Review of bond and public finance documents Doug Shaftel, Peter Mikhail — Condemnation James Strommen — Litigation, Public Bidding, Construction Law, and Utilities Bob Alsop — Litigation and Employment Law Robert Vose — Telecommunications and Cable 4. Indicate current responsibilities of person designated to serve as lead attorney. Sarah Sonsalla's current primary responsibilities are serving as City Attorney for Lake City, Sandstone and LOGIS. Sarah also serves as an assistant city attorney for the cities of Oakdale, Faribault, New Prague, Mirmetrista, Medina, Shakopee, Kenyon, Mantorville and Mounds View. Sarah Sonsalla is available for council meetings on the first and third Tuesdays of each month, as well as the second Tuesday of each month for the workshop session, if needed. Andrew Biggcrstaff is also available as needed during those times. D. List cities you currently represent and for what type of service. Please see Exhibit 3 for a list of many of the firm's represented clients. E. List cities you began representing in the last three years and cities you stopped representing in the last three years. The firm began representing as primary city attorney for the following clients: Hopkins, Osseo, Lake City and Mantorville. The than stopped representing Greenfield and Montrose. F. Names, telephone numbers, and contact person of at least five (5) client references, at least two (2) of which shall be cities. Please see Exhibit 4. Describe the firm's view of its responsibilities to the City in the providing of legal services. The firm works closely with the council and staff of its cities to provide services as needed to assist the city to accomplish its goals. We work hard to promptly respond to requests for assistance and are able to rely on the many decades of experience within the firm to provide assistance in an efficient and cost-effective manner. H. Copy of current Malpractice/liability Insurance Certificate. A copy of the certificate of insurance is attached in Exhibit 5. Conflict of Interest. 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. Kennedy Si.- Graven is not aware of any client it represents, or has represented, that would cause a conflict in the firrn's ability to provide legal services to the City. The firm represents the City of Oakdale which is contiguous to the City of Lake Elmo. The firm is not aware of any conflicts or disputes between the two cities. 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. One attomey in the firm represents The Pemtom Land Company and Pratt Construction, Inc. in a limited amount of matters, none of which are in cities that the firm represents. To the firm's knowledge, neither of these clients have any connection to real estate in Lake Elmo. The work that our firm does for these clients is approximately one percent of the firm's total billings. We make it clear to these clients that we will not represent them in any matter relating to a city that we represent. Identify what procedures your firm utilizes to identify and resolve conflicts of interest. Kennedy & Graven has a computerized conflict -checking system that is used to identify potential conflicts. The system maintains a database containing the names of all clients of the firm and any opposing parties. This database is checked each time that the firm opens a new matter as to potential new clients and adverse parties. This avoids the development of actual conflict, but if an actual conflict exists, or would exist, the firm would not proceed unless both clients consented. City/City Attorney Relationship. 9 Describe how you would structure the working relationship between the City Attorney and the City Council, City Administrator, Department Heads and other staff members. The City Attorney would typically work closely with the City Administrator and staff to provide services as directed by the Administrator and requested by staff. The approach of how that is done varies by City for a variety of reasons, including how the City Administrator prefers this to be managed. The interaction with the elected and appointed officials of the City depends in large part on how the members of these respective bodies determine their roles and responsibilities in light of pending issues having significant legal importance. While the City Attorney typically works most closely with the City Administrator and staff, we would have a practice of encouraging elected and appointed officials to communicate directly with us when an issue requiring legal analysis arises. 2. Define the standard timeframes for response by the City Attorney to direction and/or inquiry from the City Council or City Administrator. The City Attorney is usually available to answer calls directly or respond to voicemails the same day. Response to e-mails and requests for letters will vary depending on the extent of time needed to develop a response. However, most e-mails are responded to within a day or two if they are not urgent. 3 Describe the systems or mechanisms that would be established for monthly reporting of the status of projects, requests, and litigation. The firm can provide written status reports to the City on all projects, requests and litigation on a monthly or other basis as requested by the City. K. Fees. 1. Hourly rate. The firm is open to proposing a retainer amount if specifically requested by the City. The hourly rate for City Attorney and other attorneys working on general municipal work is S155 per hour. Paralegal rates are S115 per hour and law clerk rates are $80 per hour for all matters. These rates apply to all matters identified in the City's Request for Proposals, unless specifically identified below. a) Commenced litigation, administrative and condemnation proceedings: $185/hr. b) Development, redevelopment and tax increment matters: $215/hour. c) Bond counsel services fees (if applicable) billed at rates customarily charged by the firm. 10 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. The firm is open to alternative fee arrangements after discussion with the City. For example, council meeting attendance and staffmeeting attendance could each be a pre-set flat fee. 3 Firms shall indicate all other costs and reimbursables including travel (per mile), telephone, printing, photocopying, etc. The firm will bill its out-of-pocket costs for such things as postage, photocopying, filing fees and witness fees, and similar items. Photocopying: Mileage: Westlaw or Lexis fees: Other charges such as: Messenger service Express mail Filing fees $.10 per page IRS -approved reimbursement rate $3.00 per minute Actual cost charged 4. Firms shall indicate the minimum increment of time billed for each service including phone calls, correspondence, and personal conferences. The minimum increment of time billed for each service including phone calls, correspondence and personal conferences is six minutes. The Firm's billing statements would meet the requirements as listed in the City's Request for Proposal. CONCLUSION We appreciate the opportunity to provide our proposal to you. We believe that we can provide high quality and timely legal services to the City. laNNEDY & GRAVEN, CHARTERED Dated: December I 1, 2015 By: Sarah . Sonsa a 1 I EXHIBIT 1 ATTORNEY LIST The firm has 31 attorneys. Twenty-one are shareholders; six are associates and four are of - counsel. Complete resumes of all of the firm's attorneys are available on our website at www.kennedv-tIraven.com. The following is a summaiy of each attorney's areas of practice and representative clients: Robert A. Alsop ha reholder Ronald 11. Batty _s hareh older redrew M. Biggerstaff ssociate Jenny S. Boulton Shareholder Stephen J. Bubul Of Counsel Robert C. Carlson Of Coitayel Julie Eddington S hareholder Gina A. Fiorini 4ssociate roy J. Gilchrist hareholder Kyle R. Hartnett ssociale Martha N. Ingram s hal•eholder Charles L. LeFevere Of Counsel Sofia E. Lykke 4ssociale Robert J. Lindall Shal•eh o Icier 29 years experience; Employment Law, Housing Law, Litigation (Scott County CDA, Belle Plaine) 34 years expeiience; Economic Development & Redevelopment, Municipal Law (Medina, Minnetrista) 3 years experience; Municipal law, Litigation 16 years expeiience; Economic Development & Redevelopment, Municipal Bonds, Public Finance (Elk River, Meeker County EDA) 26 years experience; Economic Development & Redevelopment, Municipal Bonds, Public Finance (Crystal HRA, St. Louis Park, 'Burnsville) :41 years experience; Business Law 18 years experience; Municipal Bonds, Public Finance (Minneapolis, Wananiingo) 5 years experience; Municipal Bonds, Public Finance 23 years experience; Municipal Law, Township Law (Denmark ownship, Greater Bemidji Area Joint Planning Board) 10 years experience; Municipal Law, Township Law 10 years experience; Economic Development & Redevelopment, Municipal Bonds, Public Finance (St. Louis Park EDA, Jordan) 39 years experience; Municipal Law (Rosemount, Brooklyn Center) 5 years experience; Public Finance, Government Bonds, Conduit ,Bonds and Economic Development 45 years experience; Eminent Domain, Environmental Law, Real Estate Law (Bloomington, Minneapolis) Gregory S. Madsen Sh(11.eholder Melissa J, Mandersehied Shareholder Peter G. Mikhail Shareholder liehael T. Norton Of Counsel Timothy R. Pahnatier hareholder Scott J. Riggs 5, hareholder Doug Shaftel ssoelate Sarah J. Somalia Shareholder ames M. Strommen ' hareholcler ames J. Thomson harehokler Mary D. Tietjen areholder Susan E. Torgerson _s, hareholder John Utley Shareholder Robert J.V. Vose Shareholder Maggie R. Wanner Shareholder Larry M. Wertheim Shareholder Adam C. Wattenbarger ssocicue 32 years experience; Employment Law, School Law (Minnetonka Schools, Watertown -Mayer Schools) 8 years experience; Municipal Law (Robbinsdale, Mound, Brooklyn Park) 20 years experience; Litigation (LMCIT, St. Paul, Mound, Brooklyn Park) 36 years experience; Municipal Law, Economic Development & Redevelopment, Real Estate Law (Crystal, Victoria) 20 years experience; School Law (Anoka Public Schools, Minnetonka Public Schools) 20 years experience; Municipal Law, Real Estate Law, Township Law (Faribault, Kenyon, Mounds View, New Prague) 11 years experience; Real Estate Law, Condemnation, Environmental Law (Minneapolis, West St. Paul) 13 years experience; Real Estate Law, Employment Law, Municipal Law (LOGIS, Lake City, Sandstone,) 31 years experience; Litigation, Public Utility Law (Suburban Rate Authority, LMCIT) 38 years experience; Municipal Law (Brooklyn Park, Shakopee, LMCIT) 17 years experience; Employment Law, Municipal Law, Litigation (Montrose, New Brighton, Rosemount) 28 years experience; Litigation, School Law (North St. Paul Schools, Hibbing School Disnict) 37 years experience; Municipal Bonds, Public Finance (Minneapolis, Bloomington) 20 years experience; Municipal Law, Public Utility Law (Belle Plaine, Pine Island, Oak Grove, Independence) 26 years experience; Employment Law, Litigation, School Law (Stillwater School District, Eden Prairie School District) 38 years experience; Real Estate Law (Lifetime Fitness, Inc.) 1 year experience; Municipal law, School Law, Litigation 2 EXHIBIT 2 ATTORNEY RESUMES Sarah J. Sonsalla MUNICIPAL LAW, REAL ESTATE., LABOR AND EMPLOYMENT LAW J.D, (Dean's List), University of Minnesota Law School, 2001 B.A. (Highest Honors), Philosophy and Political Science, University of Wisconsin -La Crosse, 1998 PRIMARY PRACTICE AREAS Sarah Sonsalla is a Shareholder at Kennedy & Graven. Sarah has over 13 years' experience in representing cities and townships. Sarah is currently, the city attorney for the cities of Lake City and Sandstone and general counsel for Local Government Information Systems (LOGIS), a joint powers entity. Sarah has significant experience in drafting and reviewing ordinances, resolutions, and contracts and attending all types of city council, town board, commission and staff meetings. Sarah also has significant real estare experience including drafting real estate documents such as purchase agreements, easements, and deeds and bringing quiet title actions, proceedings subsequent actions and Torrens registration actions. BACKGROUND Sarah received her B.A. in Philosophy and Political Science from the University of Wisconsin — La Crosse in 1998. She received General Honors along with Departmental Honors in Philosophy and Political Science. In 2001, Sarah received her J.D. from the University of Minnesota Law School. During law school, Sarah served as the Executive Editor of the Alinnesora Intellectual Properly Review After law school, Sarah practiced for four years at a law firm in St. Paul as an associate attorney, practicing primarily in the areas of municipal law, labor and employment law, and real estate before joining Kennedy & Graven as an associate attorney in 2005. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES Sarah is a member of the Minnesota State Bar Association, Ramsey County Bar Association, the International Municipal Lawyers Association (IMLA) and Minnesota Women Lawyers. Sarah served as a member of the Second Judicial District Ethics Committee from 20(13-2007. Sarah presently serves on the Ramsey County Bar Association's Youth & The Law Committee and mentors law students at the Universiry of St. Thomas Law School. PERSONAL Sarah enjoys running, biking, and downhill skiing. She also enjoys playing the trumpet and has participated in many different bands. Sarah lives in Woodbury with her husband and rwo children. "Werking with local governments is vely rewardingfor me because the projects that I work on have the potential to benefit not only a select group of people, but the general public. In working with local govenments, I have found that all of my colleagues at Kennedy tz3- Graven are great resources due to their extensive knowledge of local government law. This allows me to serve our clients efficiently and effectively." TER ED C. attenbarger MUNICIPAL LAW, SCHOOL LAW J.D. (tnagna cum laude), University of Minnesota Law School, 201 4 B.S. (High Distinction), University of Nebraska -Lincoln, 2009 PRIMARY PRACTICE AREAS Adam Wattenbarger is an associate at Kennedy & Graven, Chartered, and practices in die areas of municipal law and school law. BACKGROUND Adam is a recent graduate of the University of Minnesota Law School. Prior to joining Kennedy & Graven as an associate, Adam spent a year clerking for ChiefJustice Lorie Gildea on the Minnesota Supreme Court. As a clerk he assisted the Chief Justice with research and writing on a variety of important cases and legal issues before the Court. During law school, Adam gained experience working as a law clerk for Kennedy & Graven. He was also an articles editor for the Minnesota Law Review and the assistant head writer for f.O.R.T., the law school musical. Prior to law school, Adam received his B.S. in secondary education from the University of Nebraska -Lincoln, and spent time in the classroom student teaching and substituting. PERSONAL Adam lives in Minneapolis with his wife Micaela. He enjoys watching TV and going to movies, and tries to stay active by running and occasionally playing tennis and racquetball. 7 greatly enjoy working with local governments and school districts to resolve the legal issues they flee as they serve their students, citizens, and employees. 1 am honored and excited to be a part of the team at Kennedy 6- Graven and to have the opportunity to do this important and rewarding work. EXHIBIT 3 REPRESENTATIVE CITIES / TOWNS / OTHER ENTITIES Designated City Attorney for the following cities: City of Belle Plaine City of Brooklyn Center City of Brooklyn Park City of Coka to City of Crystal City of Faribault City of Franklin City of Hopkins City of Independence City of Kenyon City of Lauderdale City of Lake City City of Mantorville City of Medina City of Minnetrista City of Mound City of Mounds View City of Nerstrand City of New Brighton City of New Prague City of Oak Grove City of Oakdale City of Osseo City of Pine Island City of Rice City of Richfield City of Robbinsdale City of Rosemount City of Sandstone City of Shakopee City of Victoria City of Wahkon City of Watson City of West Concord City of Wilton General Counsel to Economic Development Authorities, Housing and Redevelopment Authorities, and Port Authorities in the following municipalities: Belle Plaine Lino Lakes Bloomington Marshall Brainerd Medina Brooklyn Center Minnetrista Brooklyn Park Monticello 13urnsville Mound Chanhassen Richfield Columbia Heights Robbinsdale Crystal Rosemount Faribault St, Louis Park Kenyon Sandstone Lake City Shakopee Special Counsel or Bond Counsel to dozens of counties, cities, joint powers organizations, and other public bodies, including the following sample: County of Washington County of Ramsey County of Wright County of Goodhue County of Crow Wing County of Nicollet City of Minneapolis City of Bloomington City of Woodbury City of Marshall City of New Prague City of Eveleth City of Blackduck City of Burnsville City of Cokato City of Columbia Heights City of Duluth City of Dundas City of Hopkins General Counsel to Special Purpose Entities: Cable Commissions: Apple Valley, Rosemount, Farmintnon Lake Minnetonka Quad Cities Arlington, Gaylord, Winthrop, Gibbon Southern Minnesota Other JPAs: Lake Minnetonka Conservation District Local Government Information Systems (LOGIS) Suburban Rate Authority (SRA) Mirmesota Valley Transit Authority Townships in Minnesota: List available upon request. School Districts in Minnesota: List available upon request. City of Minnetonka City of Owatonna City of Rochester City of Saint Paul City of Staples City of West Saint Paul City of Inver Grove Heights Watershed Manazement Commissions: Lower Runi River Middle Mississippi River Middle St. Croix Shingle Creek Vadnais Lakes West Mississippi Finally, the firm provides tax increment, bond counsel, development and redevelopment, and other legal services to dozens of other cities, cities, counties, port authorities, EDAs, and I -IRAs on an as - requested basis. EXHIBIT 4 CLIENT REFERENCES The following are client references: Sam Griffith, City Administrator City of Sandstone 119 4th Street Sandstone, MN 55072 (320) 245-5241 Kari Schreck, City Clerk City of Lake City 205 West Center Street Lake City, MN 55041 (651) 345-6812 Mike Garris, Executive Director LOGIS 5750 Duluth Street Golden Valley, MN 55422 (763) 543-2699 Michael Barone, City Administrator City of Minnetrista 7701 County Road 110W Minnetrista, MN 55364 (952) 241-2510 Bob Streetar, Community Development Director City of Oakdale 1584 Hadley Avenue North Oakdale, MN 55128 (651) 730-2806 Senkes: Sarah J. Sonsalla Services: Sarah J. Sonsalla Services: Sarah J. Sonsalla Services: Sarah J. Sonsalla Services: Sarah J. Sonsalla EXHIBIT 5 CERTIFICATE OF INSURANCE VERIFICATION OF INSURANCE ISSUED TO: Minneapolis Public Housing Authority 1001 Washington Avenue North Minneapolis, MN 55401-1043 We, the undersigned Insurance Brokers, hereby verify that First Specialty Insurance Corporation, with an A.M, Best rating of A+, XV has issued the following described Professional Liability Insurance, which is in force as of the date thereof - PROFESSIONAL LIABILITY INSURANCE NAME OF INSURED: Kennedy & Graven, Chartered, and others as more fully described in the Policy. POLICY NUMBER: FNA337999003603 PERIOD OF INSURANCE: 12:01 am. October 1, 2015 to 12:01 a.m. October 1, 2016 SUM INSURED: $5,000,000 Each claim and in the aggregate including costs, charges and expenses SUBJECT TO ALL TERMS, CONDITIONS AND LIMITATIONS OF THE POLICY This document is furnished to you as a matter of information only and is not insurance coverage. Only the formal policy and applicable endorsements offer a comprehensive review of the coverage in place. The issuance of this document does not make the person or organization to whom it is issued an additional insured, nor does it modify in any manner the contract of insurance between the Insured and the Insurer. Any amendment, change or extension of such contract can only be effected by specific endorsement attached thereto. Should the above described Policy be cancelled before this expiration date thereof, we will endeavor to mail 30 days written notice to the Certificate Holder named above, but failure to do so shall impost no obligation or liability of any kind upon the insurer, its Agents or Representatives. Issued at Chicago, Illinois Lemme, a division of Integro USA Inc. Date: October 22, 2015 Per: Catherine Kuehl Senior Vice President 5500 Wayzata 131Yd. 9 Suite 1000 9 Minneapolis, MN 55416 December 10, 2015 Clark Schroeder Interim City Administrator City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 Re: RFP for City Attorney Dear Mr. Schroeder: Paula A. Callies pcallies&callies-law.corn wAvw.callies-law.corn (763) 546-8020 Callies Law is pleased to submit a response to the City of Lake Elmo's request for proposals for City Attorney. Paula Callies has worked as a city attorney for over twenty-five years. She has the legal experience and relationship skills necessary to assist the City as it grapples with some significant local development issues and staff transitions. Ms. Callies understands the complex issues a city faces in today's environment and is a zealous advocate for her clients. I would welcome the opportunity to meet with council and staff to discuss my qualifications further. Thank you for your consideration. S incerely, 4_4?-47"z Paula A. Callies Encl. (7 copies ofRFP) PROPOSAL FOR CITY ATTO EY LEGAL SERVICES CITY OF LAKE ELMO Callies Law, PLLC The Colonnade, Suite 1000 5500 Wayzata Boulevard Minneapolis, MN 55416 (763)546-8020 (763) 545-0834 Fax Dcallies@callies-law.com Contact Person: Paula A. Callies Date: December 10, 2015 TABLE OF CONTENTS PaL,te GENERAL INFORMATION ..... .......... ............. 3 A. Firm Background................... ..... ................ 3 B. C. Percentage of Municipal ..... 4 D. Responsibility to City 4 E. City/City Attorney Relationship ..... ........... 4 II. REFERENCES 5 111. FEES._ ........... ...... _ . „. _ ...... 6 IV, CONFLICT OF INTEREST STATEMENT.... ..... ....... 7 APPENDIX ..... „ _ _ _ _ „. _ _ _ ..... „_. Restune of Paula A. Callies Copy of Malpractice Insurance GENERAL INFORMATION, A. FIRM BACKGROUND Callies Law, PLLC was established by attorney Paula Callies in 2003. Ms. Callies has over 25 yearsexperience providing legal services to Minnesota cities. She currently serves as the city attorney for the City of Loretto (since 2001) and the City of Dundas (since 2008). Callies Law has not begun, nor stopped representing any cities within the last three (3) years. Callies Law occasionally represents other cities in matters where the regular city attorney has a conflict of interest. As part of her regular law practice, Ms. Callies also represents individuals in connection with local government issues and civil legal matters. Ms. Callies has significant experience working with growing communities, as well as those that are more fully developed. Prior to starting her own firm in 2003, Ms. Callies worked as an attorney with two law firms specializing in municipal law and litigation. Previous assigrunents include serving as: city attorney for the City of Red Wing and the Red Wing Port Authority, assistant city attorney for the cities of Maple Grove, Dayton, Shakopee, Brooklyn Park, Crystal and serving as defense counsel appointed by the League of Minnesota Insurance Trust to represent cities and local government officials in land use matters. The range of issues that Ms. Callies has worked with includes, but is not necessarily limited to: • Drafting ordinances and resolutions, including city code amendments • Zoning and development matters, including negotiation and drafting of development contracts, planned unit development agreements and related resolutions. • Tax increment financing • Review, negotiation and drafting of various contracts for city services, equipment and real estate matters • Condemnation and eminent domain proceedings • Personnel matters and employment termination • Land use litigation and 42 U.S.0 1983 civil rights claims Ms. Callies was the lead prosecuting attorney for the City of Red Wing and the City of Dayton from approximately 1989 through 1993 and continued as a supervising prosecutor until 2001. Her experience as a prosecutor helps to inform her broad understanding of the scope of issues that a city faces on a routine basis. Paula Callies has never been found guiltv of a felony, nor been accused of prosecutorial misconduct. Callies Law has not had any malpractice or ethics claims taken against it, or against Paula Callies. Callies Law complies with federal and state laws respecting civil Callies Law has the broad, sophisticated legal experience desired by municipal clients to effectively represent them in the many diverse issues of a city. Callies Law provides responsive, high quality and cost-effective legal services. Paula Callies routinely collaborates with other professionals and consultants, such as planners and engineers, who provide services to a city and is cognizant of these other practice areas. B. OFFICE Callies Law is located at the intersection of 1-394 and Xenia/Park Place in The Colonnade building in Golden Valley, just west of Highway- 100 and downtown Minneapolis. The address is 5500 Wayzata Boulevard, Suite 1000, Minneapolis, MN 55416. Telephone: 763-546-8020. Fax: 763-545-0834. Email: pcalliesre-kallies-law.corn. Callies Law uses up-to-date and current technology and computerized research. The firm is fully capable of sharing and editing documents electronically. C. PERCENTAGE OF BILLINGS FOR MUNICIPAL WORK In 2014, the percentage of billings by Callies Law for municipal work was approximately 38% of total billings. To date in 2015, the percentage of billings for municipal work is approximately 35%. D. RESPONSIBILITY TO CITY As city attorney, a law firm serving in that capacity is representing the City as a whole. Thus, if Callies Law is appointed as the city attorney for the City of Lake Elmo, it is the City of Lake Elmo that is the client, not any individual council member or staff person. Of course, the City acts through its elected representatives and administrative personnel. It is important for the city attorney to have a good, trusting work relationship with such persons so that the city's goals may be accomplished. The longevity that Callies Law has had with its client cities demonstrates that the firrn is able to strike the appropriate balance when working with the various perspectives of council members and staff and provide effective legal counsel. E. CITY/CITYATTORNEY RELATIONSIIIP 1. There is no "one" rightway to structure the working relationship between the city attorney, City Council, City Administrator, Department Heads and other staff members. In my experience, the process generally flows more smoothly if specific requests for legal service or response come through the City Administrator, or department heads, or as a result of council direction during a council meeting, depending on the circumstances. With this process, the city 4 maintains control over the legal budget and there is less opportunity for misunderstanding in communication about the request. Callies Law is very open to discussing, the specifics of the structure for our working relationship if appointed as city attorney in order to best address the needs of Lake Elmo. 2. Under normal circumstances, Callies Law will respond to phone call inquiries within two (2) hours and usually within less time. The response time to complete a particular project will vary depending on the scope and type of request. In a typical scenario, Callies Law follows -up with a phone call as soon as reasonably possible upon receipt of a request, to discuss what is needed and develop an action plan. 3. Callies Law will provide routine oral reports at council meetings concerning the status of projects, requests and litigation. If representing the city in litigation, or other special matters, Callies Law provides regular written memoranda or correspondence to communicate the status of matters. 11. REFERENCES John McCarthy, City Administrator City of Dundas inicartlivadundas.us City Hall: (507) 620-1152 Mobile: (218) 244-1152 2. Kent Koch. Mayor City of Loretto kkoc hrt-f. Pei . lore tto. inn. us Mobile: 763-286-7138 Randall Seaver, Attorney at Law Fuller Seaver Swanson & Kelsch Burnsville, MN 55337 (952) 890-0888, ext. 2 rseaverrcUssklaw.00111 4. Kent Torve, Former Mayor, City of Loretto ktorverilwenck.com (763) 479-4209 5. Shirley Slater -Schulte, Former Administrator, City of Dayton sschulte0),ci.albertlea.mn.us (507) 377-4335 III. FEES Callies Law is proposing the following fee arrangement: Callies Law proposes to charge a monthly availability retainer fee ("retainer fee") in the amount of $4,200 per inonth, which total sum is payable regardless of the number of hours of legal service provided under the retainer. The retainer fee is considered to be the property of Callies Law upon payment of the fee and is not held in trust to be applied against future billings. Services to be covered by the monthly retainer fee include those items listed in the City's RFP, Paragraph VI for City Attorney. However, services listed below as "Non -Retainer Services" are not included within the monthly retainer fee and will be billed separately. Non -Retainer Services: • Ongoing regular attendance at Planning Commission meetings and other City Board, Commission or Committee meetings. Defending and representing the City in litigation and legal actions and claims; lawsuits; court proceedings including, but not limited to code enforcement matters; and administrative hearings. • Land acquisition matters. • Condemnation/eminent domain actions. • Legal work billed to escrow accounts, or third -party reimbursed matters such as, but not limited to planning matters and MSA 429 projects (special assessment), or matters otherwise not charged to the City's General Fund. Items billed for "non -retainer services" will be billed al the rate of KM/hour. Callies Law bills in l/I0 hour increments. We do not charge for routine photocopying, postage or faxes. If a particular project involves above -average, or extensive photocopying or mailing and delivery expenses requiring the use of outside services, the City will be billed at our cost. Ordinarily, Callies Law does not bill for online research, unless a special project requires extensive research services, in which case the City will be charged at cost. Filing fees, witness and expert fees and other expenses are also billed at cost. Mileage is billed at the ordinary rate set by government regulations. However, there is no charge for mileage for attendance at City Council and other meetings that are included within the monthly retainer. 6 IV. CONFLICT OF INTEREST STATEMENT "7. Callies Law does not currently represent, nor has it represented any client where representation may conflict with its ability to serve as City Attorney for the City of Lake Elmo Note: Paula Callies, Callies Law represented property owners Bernard & Loella Nass, Robert Buberl/Buberl Recycling and Thomas & Patricia Bidon against the City of Lake Elmo in 2012-13, which case resulted in the subject land being detached from the City of Lake Elmo. Callies Law does not represent any real estate developers. 3. Callies Law has a computerized database of all clients and regularly reviews its client lists to identify and resolve conflicts of interest. Callies Law also uses a file opening checklist to identify potential conflicts. if potential conflicts are identified, Callies Law will immediately discuss the issues with its clients in order to arrive at a resolution and withdraw from representation where conflicts of interest necessitate this action . / Dated: Paula A. Callies, Presi Callies Law. PLLC 7 APPENDIX PAULA A. CALLIES The Colonnade, Suite 1000 5500 Wayzata Boulevard Minneapolis, MN 55416 Phone: (763) 546-8020 Dc al 1 iesripc all ies-law.com EDUCATION JD.. cum laude, 1989, William Mitchell College of Law, St. Paul, MN M.S.W., 1977, University of Wisconsin -Milwaukee B.S.S.W., 1975, University of Minnesota, Minneapolis, MIN EMPLOYMENT HISTORY. 2003 to present 2001 to 2003 1989 to 2001 Callies Law, PLLC, Minneapolis, MN Owner Kennedy & Graven, Chartered, Minneapolis, MN Attorney Hoff, Barry & Kuderer, P.A., Eden Prairie, MN Partner PROFESSSIONAL ARTICLES AND PRESENTATIONS "Nuisance Smoke and Outdoor Furnaces" City Attorney Conference, Government Training Services, February 2015 "Liquor: Ballfields, Community Events and Special Circumstances" City Attorney Conference, Government Training Services, February 2010 "Mental Health and Civil Commitment: A Defense Attorney's Perspective" MWL With Eaual Riaht, Fall 2004, Volume XXVIII, Issue II "Road and Access Law in Minnesota" National Business Institute, November 2004 "Variances, Conditional Use Permits and Non -Conforming Uses" Lorman Business Institute, October 2003 "Basic Concepts in Code Enforcement" City Attorney Conference, Government Training Services, February 2003 Paula A. Callies Resume Page Two "Attorney Ethics in Civil Commitment Proceedings" HCBA Commitment Defense Project Continuing Legal Education, 2002 "Civil Commitment and Administration of Intrusive Treatment" MEDS/PDN, May 2001 "Commitment Law" MABAT, October 2000 "Federal Law and Local Towing Regulations" City Attorney Conference, Government Training Services, February 2000 "Liability of City Officials for Land Use Decisions" Minnesota State Bar Association Continuing Legal Education, 1993 SELECTED APPELLATE COURT REPRESENTATION, Ralph A. Fredlund. et al r. Eureka Township, A14-0945 (Minn. Ct. App. April 27, 2015) Vigstol v Isanti County Board of Commis,sioners, A13-2162 (Minn. Ct. App. December 8, 2014) Bridgewater Township v. City of Dundas, A13-0704 (Minn. Ct. App. December 23, 2013) City of Lake Elmo v. Bernard Alas,s', Al2-2008 (Minn. Ct. App. July 15, 2013) &bell Recycling & Compost. Inc. v. Chisago County, A08-1958, (Minn. Ct. App. Sept.] , 2009) Gold Nugget Development, Inc. v. (vr Monticello, 2001 WL 683488 (Minn. Ct. App. Jun. 19, 2001) Rockford Tp. v. City of Rockford, 608 N.W.2d 903 (Minn, Ct. App. 2000) Muller Family Theatres v. McMenomy, 2000 WL 2623 (Minn. Ct. App. Jan, 4, 2000) SJ&F Enterprises, Inc. v. City of Winsted, 1998 WL 345436 (Minn. Ct. App. June 30, 1998) Paula A. Callies Resume Page Three Northern Stales Power Co, v. Commissioner of -Revenue, County of Goodhue, City of Red Wing, 1996 WL 611134 (Minn. Tax Ct. Oct. 17, 1996) Universal Ciicuis, 111C, v. CedOr Creek Constr. Co., 1996 WL 589100 Robbins v. City of Wayzata. 1995 Va. 25223 (Minn. Ct. App. Jan. 24, 1995) State v. Stumpf 481 N.W.2d 887 (Minn. Ct. App. 1992) BAR ADMISSIONS AND PROFESSIQNALMEIVIBERSHIRS State Bar of -Minnesota, 1989 State Bar of Wisconsin, 2001 U.S. District Court, Minnesota, 1990 Hennepin County Bar Association, CLE Oversight Committee, Chair 2009 to 2011 Hennepin County Bar Association, Eminent Domain Committee, Chair 2005 COMM UNITY SERVICE Tasks Unlimited, Inc., Current Board Chair Lake Minnetonka Excelsior Rotary Club Hennepin County Adult Mental Health Advisory Council, Chair 2003 to 2008 Shorewood City Council Member, 2005 to 2008 Shorewood Park Conunissioner, 2001 to 2004 Shorewood Planning Commissioner, 1998 to 2001 INSURANCE COMPANY DECL Policy Number 8921 13 333 South Seventh Street, Suite 2200; Minneapolis, MN 55402 (612) 341-4530 (800) 422-1370 fax (800) 305-1510 LAWYERS PROFESSIONAL LIABILITY POLICY (THIS IS A CLAIMS -MADE POLICY— READ CAREFULLY) Item 1. Named Insured: Callies Law, PLLC Office Address: 5500 Wayzata Blvd Suite 1000 Minneapolis, MN 55416 TIONS Item 2. Policy Period: 11/15/2015 to 11/15/2016 (the Effective Date) (the Expiration Date) 12:01 A. M., standard time at the address of the Named Insured stated herein Item 3. Limits of Liability: Item 4. Deductible Amount: Item 5. Total Number of Lawyers: 1 Item 6. $1,000,000.00 $3,000,000.00 Per Claim A regate $2,500.00 Per Claim Applicable Forms and Endorsements: MLM-019 (11-13) Prior Acts Retroactive Date, MLIVI Form Total Premium: $2,564.00 innesota Changes, MLM-2000 (11-13) Policy In witness whereof, Minnesota Lawyers Mutual Insurance Company has caused this policy to be signed by its President and Secretary and countersigned by a duly authorized agent of the Company. John J. Bowden, Secretar), IVIINNESOTA LAWYERS murum, INS URANCE COMPANY Kristina Simmons, Authorized Agent Paul M. Ablan, President MI.N1-34 (05-94) TI,rCITY uF MAYOR AND COUNCIL COMMUNICATION 0l/05/2N6 |6 OP -Open Space Preservation 0rdinuocc/\mendmcn\ Discussion S/cphonVVcnsmun Clark Schroeder BeoGuzw|a SUGGESTED ORDER OF BUSINESS: Introduction nflten----'—' Report" Prenenalion... -----. Questions fi-om Council to Stuff Call for Motion ... .—................. [iscu.Ssion...... ......... .............. � Action on Motion ..... ......... ,-- SUMMARY AND ACTION REOUESTED: ------... ---------Dt/ff --k4uyorFacilitates Moyor&- C' COunc \ Mayor & City Council On November 4. 2015, the City Council passed a motion, 3-1, directing staff to have the Planning Commission look at changes k>the OP Ordinance. Staff held an informational session with the Planning Commission on Nove[nber9. 2015 and from the discussion it became apparent that the Planning Commission and the City Council had a divergent vision/goals for the ordinance amendment. Because ofthe divergent nature ofthe comments between the Planning Commission and City Council, the Planning staff is requesting clarification and direction from the City Council for the future amendment. DISCUSSION ITEMS On NVvembeF4. 2015. the City Council briefly discussed soVaro| issues related to the OP — Open Space Preservation District and requested that the Planning Commission discuss the ordinance referencing certain aspects 0fthe ordinance. The staff report requested the Planning Commission specifically discuss the following: w OveroUPurposenftheOPDistrict—Review\henveraUpurpoae. w Density — should density beincreased? * Density calculation — Should the density calculations be based buildable or gross land area. w Buffer zones —vvhat buffer or buffers are appropriate (maintain 300' around RR, but nobuffers against adjacent OP's). * Septic system options. ° K1ininnunl |o( size. ° Qualifying property size, ie.2Oacres vs. 4Qacre minimum. ° Lot Design, On November 9, 2015, the Planning Commission recommended the following: * No community septic systems. * 1 acre minimum lot sizes. * Allow the 50Y6 open Space requirement to be based on gross aCres, rather than buildable acres. * Remove lot design criteria (not enforceable), * Density 1Munits per 4Ogross acres ofbuildable land. w Buffer.- supportive of waiving the buffer between OP developments, if potential for OP. then 100' Uuffer, and potential for berms and trees to buffer in lieu of 100' buffer might be acceptable. w F|ernovu4/5th vote towaive requirements to a||om/ more flexibility. In addition to the Planning Commission oonnnnents, staff has identified some additional issues that warrant examination with the ordinance amendment to the UP District regulations. Staff considerations are as follows: • Remove redundancies between OP Ord platting requirements and regular subdivision platting requirements, ° Restructure OP Ordinance as a PUD with Overlay Zoning rather than a CUP process. * Hardcover regulations may need tobeupdated, depending onthe changes. • Street minimum standards. SUMMARY AND ACTION REON0STED: Staff requests the City Council discuss the divergent goals for the potential ordinance amendment and provide direction to staff for an amendment to the Open Space Preservation Ordinance. ATTACH MENTS)� ° November 4.2O15City Council Minutes * NOvSnlberB. 2015 Planning Commission Minutes I]!!-! // ` .^ l\�El--/ \Hl City ofLake Elmo Planning Commission Meeting Minutes mfNovember 9,2O15 Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at 7:OO p.m. COMMISSIONERS PRESENT: Dodson' Dorschner, Haggard, Larson, Griffin Kneinnerand Williams. Fields joined at 9:15 COMMISSIONERS ABSENT: Fields until 9:I5 STAFF PRESENT: City Planner Stephen VVensrnan Approve Agenda: The agenda was accepted as presented, Approve Minutes: None Presentation — Public Safety and Response Time Chief Malmquist presented data regarding public safety and response time. They identify those things that they can control and make the response time quicker. Chief Malmquist went over the County street naming system. Itisagrid pattern. This has been complicated with the winding roads inthe new developments. The other problem vvchave inLake Elmo isthe one access point inDevelopments. Chief Malmquist also talked about the street widths. Hestated that hehad sat down with Engineer Griffin and came up with some standards and would like the City Council and Planning Commission tVsupport those standards. Malmquist talked about connectivity. There isareason that the City put instubs. These neighborhoods need to beconnected for response time. |fthey are onacall, they may get another one and have tmgo around to the next one. One argument against connectivity was that it creates a safety issue for children, Malmquist stated that for how dense Cimarron is, there has never been a call for a child being struck by a car. Chief Malmquist would appreciate the Planning Commission supporting his recommendations for safety issues moving forward. Lake Elmo Planning Commission Minutes; 11-9-15 Z Business Item — General Discussion of Open Space Preservation Ordinance City Planner Wensman introduced the topic of the Open Space Preservation Ordinance. There iscurrently aproject inthevxVrks,andthp[ityCounCUthoughtthisvvou|dbea good time todiscuss ifsome changes would beappropriate. The topics that have been suggested for discussion are to review the purpose and possible flexibility. Should the density Xofrom l8toZOhomes per 40acres? How should the density becalculated and how should the buffer setbacks bedealt with? Should there be abuffer between two OP developments. What should septic system options be? Should community systems be allowed going forward? Should there be a nninirnun) lot size for individual sepdcs? Should xveallow the community septic? How should lot design bedetermined? Should the septic bethe most important? Dorschnerstated that wveneed todecide ifwewant tostay rural. |fthat isthe case, vve need to consider the environment and the impacts of septic if we are not going to have sewer. He would like to hear from U of M or Washington County on what is acceptable, The Commission likes the OP, but some would like more choice such as RE. Dodson mentioned that with RE' residents would use their property more for things such as gardens etc. In some OP developments, the open space is not accessible or even usable. Larson would like to talk about the land trust documents as well and what kind of uses would beallowed. Williams thinks the first sentence of the purpose statement is fine, but would like the second and third sentence to read "This type of development is intended to provide additional flexibility ofhousing styles inthe City. It provides an alternative to large lot, single family housing and will reduce the cost of constructing and maintaining costly infrastructure." Dodson asked what single family attached would mean, VVensnnanstated itis2ormore single family homes that share a common wall. Hag8ardvvou|dUketoadd"n8tuna|Habbets"andhavethefiet|ineread"Thepurpoae of open space preservation (OP) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors, natural habitats and other significant natural features, while allowing residential development consistent with the goals and objectives ofthe [ity'sComprehensive P|an." Planning Commission would like an update from the Minnesota Pollution Control Agency (MPCA) and Washington County regarding septic design and why there are failing systems. Lake Elmo Planning Commission Minutes; 11-9-15 Dodson would like onpage 3Item (2)4twchange "deed Covenants" to"C/C Dec|aradons" There was a general discussion regarding septic systems. What type should beallowed and who should oversee. There are several items that need tnbediscussed, but the Commission would like a presentation from the County and IVIPCA before a decision would bemade onwhich way togo. Wensman asked if the Commission felt it was appropriate for septic systems to be located inthe preserved open space. Some members thought itwas fine, but others wanted tothink about it. Williams isnot infavor ofincreasing the density. The density already reflects abonus that was intended tostimulate development. The smaller lots already provides abonus byhaving fewer roads and infrastructure when the homes are clustered. Do/schnerand Dodson do not believe that we should increase the numbers in the rural areas for OP to relieve the numbers inthe sevveredareas. This iswhere the higher numbers belong. We need to think about the environment and how we are managing these septic systems. The Planning Commission as a whole is not in favor of increasing density. They also are not in favor of changing the density calculation. They would like to leave it at buildable acres. VVensrnanstated that buildable land isusually how all developments are measured. Williams suggested that the Commission consider changing the 5D96open space tobe based on gross acres vs. buildable acres. Dodson feels that minimum lot size is linked to the type of septic that it has. Others are interested inwhat Washington County has tnsay regarding septic. Williams might like tnsee larger lots t0preserve the rural character inthe OP. Kreirnerisconcerned that the 1acre for individual well and septic might not bebig enough. Hefeels that there should be a requirement at preliminary plat to prove that the lot perks when they come before them for primary and secondary drainfie|ds and where the house isgoing tVbe. The majority ofthe[unnrnission»dUvvou|d|iketoseea1acrennininnunnevenvvitha shared sewer system. Williams mentioned that there is such a variance in buffer zones because in the past, there was not enough oversight. He would like the existing rules to be enforced. The Commission was interested in exploring using discretion with the buffers. They would like to explore a possible list of things that could be used for deciding when and LAe Elmo Planning Commission Minutes; 11-9-15 4 Dodson feels that anything less than 40 acres is too small for an OP development, especially ifthere isaO[ Other Commissioners felt that anything smaller than 4Uacres might require private septic. The Commission wanted the Planning staff toexplore ifit is even viable todnless than 4Oacres for OP. Some thought anything less than 4Oacres should possibly be RE. The Planning Commission discussed the lot design objectives and their relevance. There was noreal consensus mnthis. Dodson asked that the boulevard landscaping be checked for consistency with our landscaping code. |fitisahigher standard vvewould keep itin, ifnot vveshould probably defer tothe landscape code. Williams asked about the impervious surface allowed and thought 20% of gross seemed high and possibly should be buildable. Williams thinks the review process should follow that of any other development within the City. This section needs to match what we are already doing, or possibly it should beone section for all types nfdevelopment. Also the wording in15O.l79should prnbab|ybechangedfronn"developrnentstaXep|an"to"Pre|inninaryP|at" 150.183(2) (e)should also include trails. 15D.184should bereviewed for public hearing and stage requirements. Williams would like to add something tVthe effect that an application is not complete until all ofthe City Engineers comments are met. Commissioners would like these met before the preliminary plat moves forward. OVdsonvvou|d|ike"HnnneovvneoAssociation"changedto"[onnnnon|nterest Community" wherever it appears in ordinance. Council Updates — October 2Q,2D1SMeeting I. HannnnesP|atExtension—Passed Staff Updates l. Upcoming Meetings a. November I3,2Ul5 b. Decennber14,2015 Commission Concerns Haggard asked if the staff has a chart regarding all of the developments that have passed and all ofthe conditions ofapproval. Have they all been met? How isthis tracked? VVensrnanstated that itisanissue that they are going tVbeworking on. Lake Elmo Planning Commission Minutes; 11-9-15 Dodson stated that Fields, Rolf and hewent toJseminar. Hewent tnenergy planning which was very interesting and they talked about how this should be part of the planning. Williams stated that his packet did not arrive until Monday at5:UO. He would like to see packets arrive onThursdays before the meeting. Meeting adjourned at1O:15prn Respectfully submitted, ]oanZiertnnan Planning Program Assistant Lake Elmo Planning Commission Minutes; 11'9'15 CITY OF LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2015 A. CALL TO ORDER Mayor Pearson called the meeting to order at 6:30 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer. and Jill Lundg,ren. Staff present: Interim Administrator Schroeder. City Attorney Snyder, City Engineer Griffin. City Planner Wensman. and City Clerk Johnson. B. PLANNING COMMISSION INTERVIEW Susan Dunn was interviewed for a vacancy on the Planning Commission. Councilmember .Bloyer, seconded by Councilmember Fliflet, moved TO APPOINT MAYOR DUNN TO THE PLANNING COMMISSION. MOTION PASSED 5 — 0. C. PLEDGE OF ALLIGENCE D. APPROVAL OF AGENDA Items 4. 7. 9 and 11 were removed from the Consent Agenda and Item 12 was moved to the beginning of the Regular Agenda. Councihnember Smith, seconded by Mayor Pearson, moved TO APPROVE THE AGENDA ,AS AMENDED. MOTION PASSED 5 — 0. E. ACCEPT MINUTES Minutes of the October 20. 2015 Regular Meetingwere accepted as presented. COUNCIL REPORTS Mayor Pearson: Thanked Washington County for hosting neighborhood meetings on the Olson Lake Road project, met with owner on 33`11 Street regarding right of way concerns, met with Fields of St. Croix residents, announced the upcoming. Meeting with the Mayor, noted that the ISD 622 election process went well. and welcomed Stephen Wensman to the City staff. Councilmember Smith: Met with Ellie Hammes. met with Fields II residents regarding realignment of County Rd. 5, met with Focus Engineering and took calls from developers. Counciimember Fliflet: Met with residents regarding various issues. noted Kyle Klatt's last day with the City and thanked him for his service, welcomed the new City Planner and thanked Ben Gozola for his high quality work during the transition period. Recognized and thanked the administrative staff team (Party Baker. Joan Ziertmann, Cathy Bendel, and Julie Johnson) who for the past 6 months have continually stepped up and done whatever was needed with great attitudes. Councilmember Bloyer: Received a lot of emails from Fields II residents, met with League of Minnesota Cities with Councilmember Fliflet. Councilmember Lundgren: Met with Fields 11 residents, thanked staff for meeting- with Councilmembers prior to the Council meeting to answer questions and welcomed City Planner Wensman. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2015 PUBLIC COMMENTS/INOUIRIE8 Mike Reeves. 11075 141h Street North, commented on City Council effectiveness and interaction with each other, and censure of Councilmemher Bloyer. Christine Nelson commented on her application to serve on the HR Committee and comments made concerning her experience. PRESENTATIONS None FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements 3. Approve 404 Lake Elmo Avenue Assessment Agreement 5. Wildflower at Lake Elmo — Approve Release of Grading Security per the Site Grading Agreement 6. Eagle Point Boulevard Street Improvements — Change Order No. 2 Councihnember Moyer, seconded by Councihnember Smith, moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. OTHER CONSENT AGENDA 8. Receive Building Department Report 10. Motion to Request Being Added to the County CIP for 2017 Councilmember Smith, seconded kr Councilmember Lundgren, moved TO APPROVE THE OTHER CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. ITEM 12: 2016 STREET IMPROVEMENTS — IMPROVEMENT HEARING, ORDER PREPARATION OF PLANS AND SPECIFICAITONS AND PUBLIC HEARING City Engineer Griffin provided an introduction of the history of the project and planning. City Engineer Stempski reviewed the project schedule for each of the three portions of the project. providing details on the improvements proposed for each area. Stempski also reviewed the assessable properties and the costs for each neighborhood with the City share and per unit assessment rate for the proposed street project and optional water project. Councilmember Smith, seconded by Councilmember Bloyer, moved TO OPEN THE PUBLIC HEARING AT 8:00 P.M. MOTION PASSED 5 — O. Curt Monteith. 331 Julep. requested clarification on the project area and suggested squarimz off the parking area at the park. Wayne Hector, 5110 Kirkwood. provided a written statement in favor of the project. David Loos. 3567 Kelvin. spoke in favor of the water main improvement due to pollution from the landfill and plume. adding he is not in favor of the road project unless the water portion is included. Page 2 o 7 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2015 Dick Hedquist. 3440 Kelvin. questioned the expense for the water connection and additional cost for looping. Bill Rogers. 3490 Kelvin, spoke against the water project and stated the road project should be paid from tax dollars due to City neglect in maintaining the road. .loe Chaves. 3505 Kelvin. stated that street maintenance has been lacking. Allen Kristenson. 5230 Kirkwood, spoke in favor of the project. Councilmember Moyer, seconded by Councilmember Smith, moved TO CLOSE THE PUBLIC HEARING AT 8:22 P.M. MOTION PASSED 5 — O. Discussion was held concerning the water utility portion of the project and funding, options. City Engineer Griffin reviewed the 2030 Comprehensive Water System Plan as it relates to the Kelvin project. Councihnenzber Moyer, seconded by Councilmember Smith, moved TO AMEND RESOLUTION 20.15-82 TO INCLUDE STONGATE AND KIRKWOOD AREAS AND REMOVE THE KELVIN AVENUE AREA FROM THE PROJECT. MOTION PASSED 5 — 0. Discussion held concerning the Kelvin Avenue area of the project. Citizen input was considered and allowing payment on the water connection as was done with the Keats Avenue project was discussed. Councilmember Fliflet stated that the road is not well traveled and the project could he postponed. Councilmember Lundgren, seconded by Councilmember Smith, moved TO ADOPT 2015-82 ORDERING THE 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS AND THE PREPARATIO.N OF PLANS AND SPECIFICATIONS AS AMENDED, WITH REMOVAL OF THE 6" WATER MAIN L.4 TERAL TO THE EAST, AND TO AMEND THE WATER LATERAL ASSESSMENT TO $2,900 WITH AN ADDITIONAL $2,900 DEFERRED TO THE TIME OF CONNECTION. MOTION PASSED 3 — 2. (Bloyer, Fliflet — Nay) Councilmember Bloyer stated he was opposed to the motion due to the S12.000 assessment on the north portion of the project. City Engineer Griffin reviewed the hids received for engineering design and support services. Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE .4 PROFESSIONAL ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES CONTRACT WITH SEH AS RECOMMENDED BY THE CITY ENGINEER. MOTION PASSED 5 — 0. ITEM 4: APPROVAL FOR GASB 67 & 68 VALUATION ACTUARIAL SERVICES. CONTRACT. PaLle 3 of 7 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2015 Councilmember Fliflet reported that it is a new requirement to approve actuarial review on an annual basis. Councilmember let, seconded by Councilmember Smith, moved TO APPROVE THE CONTRACT FOR ACTUARIAL SERG10ES AND ACCEPT AS AN ANNUAL POLICY NOT REQUIRING CITY COUNCIL APPROVAL EACH YEAR. MOTION PASSED 5 — O. ITEM 7: RETAINING WALL FOR LIONS PARK Interim Administrator Schroeder explained the need for a retaining wall in Lions Park needed to support the trail as a result of a change in grade with the downtown project. Councilmember Fliflet, seconded hy Councilmember Lundgren, moved TO APPROVE THE RETAINING HALL CHANGE ORDER FOR LIONS PARK. MOTION PASSED 5 — O. ITEM 9: APPROVE MASSAGE LICENSE RENEWALS Mayor Pearson, seconded hy Councilmember Fliflel, moved TO APPROVE THE LICENSE RENEWAL FOR RENEW AND RECOVER MASSAGE. MOTION PASSED 5 — 0. Mayor Pearson, seconded hy Councilmember Lundgren, moved TO TABLE THE LICENSE RENEGIAL FOR NIRVANA MASSAGE & SPA. MOTION PASSED 5 — O. Councilmember Lundgren, seconded hy Councilmember Smith, moved TO APPROVE THE LICENSE RENEWALS FOR BODY & SOUL AND JENNIFER MERTES. MOTION PASSED 5 — 0. ITEM7!: REASSIGNMENT OF INWOOD DEVELOPMENT CONTRACTS, Interim Administrator Schroeder reported that MA Homes is acquirinv the assets of Hans Ilagen Homes. Schroeder explained that Hans Hagen Homes will continue to construct the homes and there will he no design changes. Councilmember Smith, seconded by Councilmember Lundgren, moved TO REASSIGN DEVELOPMENT CONTRACTS FROM HANS HAGEN HOMES TO M/I HOMES, LLC. MOTION PASSED 5 — O. ITEM 13: HAMMES PLAT EXTENSION Interim Administrator Schroeder reviewed the request for an extension of the plat approved in 2014. Councilmember Fliflet requested clarification on how the moratorium affects this request. City Attorney Snyder stated that the moratorium does not apply to previously approved plats. Discussion held concerning outstanding special assessments and property taxes. Mayor Pearson, seconded by Councilmember Bloper, moved TO EXTEND THE PRELIMINARY AND FINAL PLAT APPROVAL AND DEVELOPMENT CONTRACT FOR TWO YEARS THROUGH OCTOBER 7, 2016 WITH THE CONDITION TH.4T ALL Page 4 of 7 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2015 SPECIAL ASSESSMENTS BE PAID AT PLAT, AND THAT THE DEVELOPER'S AGREEMENT BE EXECUTED BY A DEVELOPER AS A CONDITION OF RECORDING THE PLAT. MOTION PASSED 3 — 2. (Fliflet, Lundgren — Nay) Mayor Pearson, seconded by Councilmember Smith, moved THAT ASSESSMENT ARREARAGES AND BALANCE BE PAID WHEN OTHERWISE DUE UNDER THE CONTRACT. MOTION PASSED 3 — 0 — 2. (Fliflet, Lundgren — abstain) ITEM 14: RFP REQUEST FROM PARKS COMMISSION FOR BALLPARK REDESIGN Parks Commission Chair Weis explained the scope of the RFP request and presented photos of ball parks in other Minnesota cities. Weis explained that the Parks Commission has placed Lions Park on the Parks Commission CIP and has incurred significant cost for repairs. prompting the need for further planning. Curt Monteith. 331 Julep. asked for denial of the request and stated that future parks should include long space, not just tot lots. Barry Weeks. 3647 Lake Elmo Avenue, stated that the ball field is a tradition in the area and is heavily used. Pam Hartley. 10010 Tapestry. spoke as a Parks Commissioner. stating that the Commission was unanimous in its decision to move forward toward making Lions Park a focal point and asset for the community. Nadine Oben-nueller stated she loves Lions Park and baseball is great for the town but the park needs freshening up. Jerry Kromschroeder, 3517 Lake Elmo Avenue. stated that Lions Park is an icon and anything that can be done to improve it would be a good thing. Parks Chair Weis discussed a potential timeline for receiving plans and initiating a project. Councilmember Millet, seconded by Councilmember Bloyer, moved TO ISSUE AA RFP FOR ARCHITECTURAL WORK TO REDESIGN THE BALLFIELDS IN THE HISTORIC DOWNTOWN. MOTION PASSED 5 — 0. ITEM 15: BUILDING DEPARTMENT TRUCK Interim Administrator Schroeder reviewed bids received for two vehicle options under leasing and purchasing plans. Councilmember Lundgren stated that a leased vehicle would be cheaper for the City in the long run. Councilmember Fliflet stated she is in favor of leasing and allowing staff to turn in leased vehicles for new leased vehicles without City Council approval. Mayor Pearson, seconded by Councilmember Bloyer, moved TO PURCIL4SE A 2016 JEEP COMPASS WITH A LOAN FROM LAKE ELMO BANK AT 1.99%. MOTION PASSED 3 — 2. (Fliflet, Lundgren — Nay) Page 5 of 7 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2015 ITEM 16: OP ORDINANCE DEVELOPMENT DISCUSSION Interim Administrator Schroeder reviewed the general requirements regarding density in the OP zoning district and questions concerning potential revisions. Councilmembers noted restrictions in the current code and potential for improving it. Councilntember Wet, seconded br Councilmember Smith, moved TO DIRECT THE OP ORDINANCE BACK TO THE PLANNING COMMISSION FOR CONSIDERATION BASED ON THE AREAS IDENTIFIED IN ORDINANCE THAT WERE DISCUSSED BY THE CITY COUNCIL. MOTION PASSED 3 — 1 — 1. (Bloyer— Nay, Pearson — Abstain) ITEM 17: PARLIAMENTARIAN DISCUSSION Councilmember Fliflet stated that she would like the Council to hire a parliamentarian to run the City Council meetings while the Council continues to work toward better relations. Discussion held concerning the current Council meeting procedures and decorum. Counciltnember Flifiet, seconded br Councilmember Smith, moved TO DIRECT THE ADMINISTRATOR TO HIRE A PARLIAMENTARIAN OF HIS CHOICE FOR THE NEXT COUNCIL MEETING. MOTION PASSED 3 —1 — 1. (Bloyer — Nay, Pearson — Abstain) Dale Doerschner — 3150 Lake Elmo Avenue — questioned the cost and effectiveness of hiring a parliamentarian. ITEM 18: RFP PROCESS FOR ENGINEERING AND LEGAL CONTRACTS, Councilmember Fliflet asked staff to look into the current contracts with City consultants to determine if the City needs to start an RFP process as part of year end planning. ITEM 19: INTERIM CITY ADMINISTRATOR CONTRACT City Attorney Snyder stated that he prepared a letter to the Council and provided a copy of the Interim Administrator's contract for Council review. Councilmember Bloyer suggested the City Attorney negotiate with the Interim Administrator for an extension to allow the City time to stabilize. Councilmember Fliflet stated the City needs to finish the process and conduct a search for a permanent Administrator but noted she is against using a search firm. Councilmember Smith stated she is in favor of using a search firm and offered to gather additional information for the next meeting_ ITEM 20: PROFORMA UPDATE interim Administrator Schroeder reported on follow up he conducted on questions from the previous Council meeting,. Schroeder explained that the document is a very complex, interlinked spreadsheet with issues in calculations that occur after the year 2021. Schroeder reiterated his recommendation from the previous meeting, for the City to purchase software from an outside vendor and hire a contractor to input the information to replace use of the spreadsheet. Page 6 of 7 LAKE E0NOCITY COUNCIL MINUTES NOVEMBER4,2O15 VVaUyNelson. 4502 Lilac Lone, thanked staff for admitting errors in the spreadsheet and offered assistance to the Finance Director and Finance Committee Chuir, STAFF REPORTS AND ANNOUNCEMENTS � Interim Cit-v Administrator Schroeder: Attended m library meeting. Washington County do�L��ucn[�4\nncm���� �coo�in�d mni[hd�v�|n�o u�#dcdnn municipu|wa�rmoc in-service rcuardi»- livuh}ecmnnnounbics. Cio, Clerk Johnson: Kopnrtedthat the lSD6Z2special election went vug'smoothly with o Z5Y6.voter \urnouLand thanked (-itystaff and dcc1ionjudges for their hc|p. Attended onHR training last week. p»cpadoofor HKCommittee meeting Monday. November 9m,posted [nnnrnunity Development Director position opening. intcrvicvvingcandidatcs for the Office Administrative Assistant position }u1cr in the vvock. working on license rcnnvvo|s and uysistinQ residents with special assessment questions. Noted City flail will hrclosed on Wednesday, November |7'»inobservance ofVeteran's Day. Mcctin�udiounncd at }2:26o-nn. ATTEST: ]u|icJobnaou.City Clerk LAKE ELMO CITY COUNCIL Mike Pearson. Mayor Pal-o7o/7 CHAPTER 150: GENERAL PROVISIONS Pae 1 of 13 Pnnt Lake Elmo, MN Code ofOrdinances OPEN SPACE PRESERVATION § 150.175 PURPOSE. (A) The purpose of open space preservation (OP) is to maintain the rura1 character of Like Elmo by preserving agricultural land. Woodlands, corridors, and other significant natural features while allowing residential development consistent with the goals and objectives of the cit\ 's Comprehensive Plan. This type of development will allow an alternative to large lot. single- family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. (13 Prote red open space will enhance and preserve the natural character of the communio, and create distinct neighborhoods. (Ord. 97-79. passed 5-1-2001) § 150.176 INTENT. (A) It is the intent of the City of Lake Elmo to accomplish the stated purpose of OP bv approving a conditional use permit for portions of property currently zoned Agricultural, Rural Residential. and Rural Estate; and by adopting the comprehensive development regulations contained herein. (13) In return for requiring preserved open space as contained herein: it is the intent of the City of Lake Elmo to allow dwelling unit density that \Ni!] provide a development density equal to or greater than the prior zoning; AG. Agricultural, RR, Rural Residential. and RE Residential Estate. (Ord. 97-79, passed 5-1-2001) § 150.177 DEFINITIONS. Unless specifically defined in §§ 150.175 ci seq.. common definitions. words, and phrases used in § 150.175 ei seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code and are found in § 11.01. (Ord. 97-79, passed 5-1-200i ) § 150.178 USE REGULATIONS. Within OP, the following uses are allowed, http://library.arnlegaI.com/alpscripts/get-content.aspx 1 1/6/2015 CIIAPTER 150: CiENERAI. PROVISIONS age 2 of (A.) Pernnned uses. (1) Si --Family, detached; (2) Preserved open space; (3) Conservation casements; (4) Agriculture: (5) Suburban farms; (6) Private stables; (7) Single-family. attached; (S) Townhouses (no more than 25% in an, deve!oprnent): (9) Wayside stand. (B) ecesswy uses, Uses that are typically found accessory to a permitted use. (C) Prohibited uses, All other uses are hereby prohibited. (Ord. 97-79, passed 5-1-2001; Ain, Ord. 08-006. passed 6-17-2008; Am, 10-5-2010) Penalty, see § 10.99 § 150.179 OP CONDITIONAL USE PERMIT REQUIRED. -31-A, passed No properly may be developed responsive to § 150,175 et xeq. unless approval is obtained from the City Council following its approval of the concept plan. development stage plan, conditional use permit, and final plan described herein. Applications for Council approval shall be submitted on forms provided by the City Administrator together with all required fees. maps, surveys, and planning data. Only completed applications shall he referred to the Planning Commission for review. (Ord. 97-79, passed 5-1-2001) Penalty, see § 10.99 § 150.180 DEVELOPMENT STANDARDS. (A) OP developments shall comply with the following mininlain standards unless modified by 4/5 affirmative votes of the City. Council. (B) (1) Land area. Applications for a residential development in the OP District shall meet all the following criteria. (a) The minimum land area for an OP conditional use permit is a nominal contiguous 40 acres. The ratio of parcel length to width shall not exceed 3 to 1. The total number of dwelling units permitted shall be according to the development density criteria contained in the Comprehensive Plan, The total number of dwelling units within an OP development shall not exceed the density limitations contained in the Comprehensive Plan for OP Districts. http://library.amlegal.comlalpscripts/get-coment.aspx. 11.(61201 5 CIRRI-FR 150: GENERAL PROVISIONS Page 3 Of 13 (b) The total preserved open space area within the OP development shall be at least 50°--0 of the total buildable land area, as defined by § 11.0]. Areas not meeting the definition of buildable land area shall not be not be considered to be preserved open space in determining the amount of preserved open space proposed. (c) Dwelling units shall be grouped so that at least 50`)/0 of the buildable land area of the proposed development remains preserved open space. The preserved open space shall consist of agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community recreational areas. (2) Open space easement required (a) Preserved open space standards. 1. All preserved open space shall he subject to a conservation easement and used for the purposes as defined by §§ 150.175 et seq. The land shall be controlled in 1 or more following manners as determined in the eity's sole discretion: a, Owned by an individual or legal entity who will use the land for preserved open space purposes as provided by permanent conservation restrictions (in accordance with M.S. Ch. 84C,01-.05, as it may be amended from time to time), to an acceptable land trust as approved by the citv: and/or b. Conveyed by conservation easement to the city. 2. Not less than 60% of the preserved open space shall he in contiguous parcels of not less than 10 acres. 3. Parks and recreational facilities shall he provided in addition to preserved open space as specified in the Lake Elmo Parks Plan: and, consistent with the park dedication and fees -in - lieu standards as specified by Chapter 153. 4. The preserved open space land shall be maintained for the purposes for which it was set aside. If preserved open space was set aside for agricultural purposes or for natural habitat, a plan shall be submitted which will indicate how the land will he maintained or returned to a natural state and who will he responsible for plan implementation. Developers shall provide copies of deed covenants to prospective purchasers, and conservation easements to the env, describing land management practices to be followed by the party or parties responsible for maintaining the preserved open space, 5. Where applicable, a homeowner's association shall be established to permanently maintain all residual open space and recreational facilities. The homeowner's association agreements., guaranteeing continuing maintenance. and giving lien right to the city if there is lack of the maintenance shall he submitted to the city as part of the documentation requirements of 150.175 et seq. for a final plan. 6. Preserved open space parcels uses shall be contiguous with preserved open space or public park, on adjacent parcels. (1)) Lot design. Lots shall be designed to achieve the toflowing objectives s ed in order of priority): 1. On the most suitable soils for sub -surface septic disposal: http://library.amlegal.comialpseriptsktel-content.aspx 11;6/2015 CHAPTER 150: GENEF Page 4 of 13 2. On the least fertile soils for agricultural uses, and in a manlier which maximizes the usable area remaining for the agricultural use; 3. Within any woodland contained in the parcel, or along, the tar edges of the open fields, adjacent to any woodland (to reduce impact upon agriculture, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by natural landscape features); 4. In locations least likely to block or interrupt scenic vistas, as viewed from Highwav 36 and Highway 5 corTidors, and other local roads as designated in the Comprehensive Plan: and 5. Away from woodlands in open fields. (c) Srructuresi. Homes shall be oriented on the site that meets the criteria of rural hamlet. It is desired that the structures within neighborhoods convey a particular architectural style with similar building components, materials, roof pitches. (d) But:Pr zones. Where a proposed OP development abuts an existing, residential development or a parcel of land not eligible for future development under the OP ordinance due to insufficient parcel area, a 200 foot setback shall be provided between the property line of the abutting parcel and any structure or driving surface within the OP development. Driving surfaces that cross the setback arca at a 90 degree angle shall be the only exception. Where a proposed OP development abuts an existing OP development. or a land parcel eligible for future development under the OP ordinance, a 100 foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be substituted. The setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces the physical features that provide an effective year round huller of the structures proposed for the OP site from existing residences or development. The determination of the buffering effectiveness of existing or introduced physical features that qualify a site for a 100 foot buffer shall be at the sole discretion of the City Council. (e) Boulevard landscaping, Boulevard landscaping is required along all streets to consist of at least 1 tree per every 30 feet or placed in dusters at the same ratio. A landscape plan for the entire site is required and shall consist of at least 10 trees per building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level. (f) Pathway. A pathway system or sidewalks shall be identified which will extend through the buildable land area or through the open space land to connect to a planned or developed pathway on adjacent parcels or to a local road. Pathways shall he linked to the "Old Village" to emphasize the connection between existing and new development. Pathways provided shall be at least equal in length to the sum of the centerline length of all public roads within the development. Pathways shall be constructed of asphalt or concrete in compliance with the standard city design plate for OP trails. (g) Doishics, The maximum dwelling unit density shall be IS units per 40 gross acres of buildable land. (h) Minimum district requirements. OpenSpace Preservation District (OP) http://library.amlegal.com/alpseripts/get-contemaspx 11'6/2015 CHAPTER 1.50: GENERAL PROVISIONS Page 5 of 13 Maximitin Building Heigh: Primary Structure 1\ cccssory Structure Minimum Lot Width: are lot; 1 acre lot Single -Family Topmhouse 2 and Y stories or 35 feet 25 feet NA 20%. This percentage may be increased to 25% Maximum provided a pervious paver or comparable system is impervious installed consistent with the City cif Lake Elmo Surface Engineering Sicindarth Manucil or storm water Coverage: mitigation measures are installed to mitigate the runoff Gross Lot created by the additional coverage above the base district Area 'amount. All mitigation measures must be approved by the City Engineer, Minimum Setback Requirements: Front Yard Side Yard Corner Lot Front Corner Lot Side Yard Rear Yard Buffer Setback Well From Septic Tank Minimum Lot Size; Individual Well and Septic System 2 and stories or 35 fcet 1 story or 20 feet, whichever is less NA NA 30 feet 20 feet Open Space Preservation District (OP) Single -Family Townhouse 15 feet or 10% of lot width. whichever is greater 30 feet 30 feet 20 15 feet or 10% of lot width, whichever is Greater 30 feet 30 feet 20 fee See (d) Buffer zone above See (d) Buffer zone above See city staff or website for individual requirements 50 feet 1 acre See env staff or website For individual requirements 50 feet NA http://library.amleLtal.contialpseripts/get-content.aspx 11/6f2015 CHAFITA 150: GENERAL PROVISIONS Page 6 of 13 Individual Well and ',/12 acre ' )mmunal Drainfield 8,000 square feet per unit (11 Utilities, 1. OP developments may be platted to accommodate home site lots with either individual septic tanks and drainfields or, with individual septic tanks and communal drainfields. Single-family or multiple -family lots under 1 acre shall be constructed with an individual septic tank and a communal drairdield. 2. ,All septic systems shall conform to the performance standards ofthe Minnesota Pollution Control Agency's standards for sewage treatment systems WPC-7080 and its appendices, or the M.P.C.A. standards in effect at the time of installation and septic system regulations of the Lake Elmo Municipal Code. 3, Communal drainfields may be partially or completely located in an area desigir preserved open space provided: a. The ground cover is restored to its natural condition after installation: and h. Recreational uses are prohibited above or within 50 feet of communal drainfields, or as approved by the City Engineer, 4, No wetland treatment system shall be allowed within the village 'green, (j) Streets. Streets shall be developed according to the following standards that promote road safety, assure adequate access for fire and rescue vehicles, and promote adequate vehicular circulation. 1. Streets shall he designed according to the following standards; pavement shall be 14 to 16 feet wide for 1-way streets; pavement shall be 22 to 24 feet wide for 2-way streets: and the pavement width shall be 22 to 24 feet for streets where homes are located on 1 side of thc street. 2. The minimum street riat-of-way for 1-way streets shall be 40 feet and the minimum right-of-way for 2-way street shall bc 50 feet. 3. Streets shall not be constructed with a rural cross-section, (Ord. 97-79, passed 5-1-2001: Am. Ord. 97-184, passed 10-3-2006; Am. Ord. 97-199, passed 11- 5-2007; Am, Ord. 08-008, passed 8-19-2008: Am, Ord. 08-035, passed 11-16-2010) Penalty, see § 10.99 § 150.181 HISTORIC PRESERVATION. Historic structures on the site shall be identified. (Ord. 97-79. passed 5-1-2001) Penalty, see § 10.99 § 150.182 OP DEVELOPMENT/CONCEPT PLAN. http://library.amlegal.comialpseriptsiget-content.aspx 1176.'2015 CHAPTER 1 50: GENERAL PROVISIONS Page 7 (0 13 (A) Required submittals; OP development/cum:ern plan. The applicant shall submit 20 copies of a concept plan for a development of an OP that shall include the following, information. (1) An existing conditions plan which identifies the following (drawn to a scale of 1 inch equal to 100 feet): (a) Primary conservation areas; (h) Secondary conservation areas; (c) Site topography at 2 foot contour interval; and (d) Location and description of existing vegetative cover. (2) A general site plan to include the general location of all platted lots, streets. and open space areas, structures, trails, common open spaces. and parks (drawn to scale. of 1 inch equal to 100 feet ') (3) The applicant shall subrnii a schedule of site characteristics, calculated in acres, which shall include the following, (a) Environmental resources, Include map and calculated acreage of the following; 1. Total site; 2 Protected wetlands: 3. Wetland buffer/setback area; 4. 12% - 24% sloped area; 5. 25% + sloped area: and 6. Woodlands. (1)) Public improvements, Include map and calculated acreage of the following: I. Public road right-of-way: 2. Drainage way and ponding areas; 3. Trails/bikeways and sidewalks (outside of road right-of-way); 4. Utility easements: and 5. Public parks. (c) Proposed development, Include map and calculated acreage of the following: 1. Total residential area; 2. Total commercial land area: and 3. Total preserved open space. (d) .4 genera/ landscape plan, http://library.amlegal.cura/alpscripts/get-content.aspx 11/6/2015 CHAPTER 150: GENERAL PROVISIONS Page 8 of 13 (e) Statement 0j-intent. If applicable. provide a statement of intent 'establishing a homeowners association with bylaws and deed restrictions to include, but not be limited to, the following: 1. Ownership. management, and maintenance of defined preserved open space; . Maintenance of public and private utilities; and 3. General architectural guidelines for principal and accessory structures. ) Proposed. staging plan. (g) Historic preservation plan. Where applicable, an historic preservation plan for any historic structures on the site, (B) Planning C0171177ission review (1) Upon receipt of a completed application for an OP development/concept plan as certified to by the City Planner, the Planning Commission shall review OP development concept plan application at a public hearing preceded by 10-days published notice and 2-weeks mailed notice to the recorded owners of each parcel located within 350 feet of the perimeter of the proposed development. (2) The Planning Commission shall make its recommendations to the City Council within 30 days of receipt of a complete application, and Shall include its findings on the following, (a) The concept plan is consistcnt with the goals, objectives. and policies of the Comprehensive Plan, (b) The concept plan is consistent with the purpose of §§ 150.175 cr „yeq, (c) The concept plan complies with the development standards of §§ 150,175 et seq. (C) City Council' review The City Council shall review and approve or deny OP development concept plan within thirty days of the receipt of a completed application. The City Council may also table its review a reasonable time, if necessary to obtain information that will enable the Council to make a reasonable decision, and if the extension is eonsented to the by the applicant on the record. OP development concept plan approval shall require 3 affirmative votes of the Citj, Council. (D) 1017 of approval. Unless an OP development preliminary plan is submitted within 12 months from the date on which the City Council approved the OP development concept plan, the concept plan approval shall expire. The City Council. in its sole discretion, may extend the 'ling deadline for an OP development preliminary plan and conditional use permit if an application for extension is filed and approved by the City Council before the OP development concept plan approval expires. (Ord. 97-79, passed 5-1-2001) Penalty, see § 10.99 § 150.183 OP DEVELOPMENT PRELIMINARY PLAN, PREL1M1NRY PLAT, AND CONDITIONAL USE PERMIT. (.A.) Submittals. The OP development preliminary plan shall include the fallowing: http://libra_ry.arn falpscriptsIget-eontent,aspx 11/6'2015 CHAPTER 150: GENERAL PROVISIONS Page 9 of 13 (1) A statement of city action Tessary For implementation of the proposed plan: (2) Twenty sets of site plans, dram to scale of not less than 1 inch equals 100 feet containing at least the following information: (a) Proposed name of the development (which shall not duplicate nor he similar pronunciation to the name of any plat previously recorded in Washington County); (h) Property boundary lines and dimensions of the property and any significant topographical or physical features of the property that may have an impact on the open space or the development; (c) Location. dimensions, and number of all driveways. entrances, curb cuts, par stalls. loading spaces, and access aisles, and all other circulation elements including bike and pedestrian trails; and the total site coverage °Fail circulation elements; (d) Location. desir_mation, and total area of all preserved open space; (e) Location, designation, and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites, and recreational facilities; (f) Proposed lots and blocks, if any, and numbering system; (2.) The location, use, and size of structures and other land use on adjacent properties: (h) Preliminary sketches of proposed landscaping; (i) General grading and drainage plans for the developed OP development in conjunction with a Storm Water Management Plan as identified in § 150.277: (j) The development plans shall also indicate the results of deep soil test pits and percolation tests, at the rate of no fewer than 2 successful test results for each proposed septic disposal area; and (k) Any other information that may have been required by the City Council in conjunction with the approval of the OP development concept plan. (3) An accurate legal description of the entire area within the OP development for which development plans approval is sought; (4) Architectural and performance standards for the development: (5) Preliminary grading and site alteration plan illustrating changes to existing topography and natural vegetation. The plan should clearly reflect the site treatment and its conformance \vith the approved concept plan; (6) A preliminary plat prepared in accordance with M.S. Ch. 505, as it may be amended from time to time. Chapter 153 of the Lake Elmo Municipal Code, and other applicable laws: (7) A Soil Erosion Control Plan clearly illustrating erosion control measures to be used during construction and as permanent measures. See also § 150.277 regarding Erosion and Sediment Control Plan requirements; and (8) Homeowner's Association documents including bylaws, deed restrictions, covenants, and proposed conservation easements. http://library.L .comlalpseriptsIg-et-content.aspx 11"6.'2015 CHAPTER 150: GENERAL PROVISIONS Pae 10°1'13 (B) Planning Commission review, Upon receipt of a complete OP development preliminary pion by the city, as certified as complete by the City Piarmer, the City Planner shall refer the preliminary plan to the appropriate city staff, consultants, and other review agencies. The Planning Commission shall review the OP development preliminary plan and shall schedule public hearings as required for preliminary plat and conditional use permit review within 30 days of the City' Planner's receipt of a completed application and shall make its recommendations to the City Council regarding the preliminary plan, conditional use permit, and preliminary plat. (C) City Council review. (1) Within 60 days of the city receipt oF a complete application, the City Council shall review the OP development preliminary plan, conditional use permit, and the preliminary, plat. The OP development plan, conditional use permit, and preliminary plat shall require 3 affirmative council votes for approval. (2) Upon approval. the City Council shall instruct the City Attorney to draw up an OP development agreement that stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall he signed by the Mayor, City Administrator, and applicant within 30 days of Council approval of the OP development preliminary pion and condition& use permit. (D) 1,1117/(Clii017 077 preliminary plan approval. Unless a final plan covering the area designated in the preliminary development plan as the first stage of the OP development has been filed within 6 months from the date Council grants approval, or in any case where the applicant fails to file final plans and to proceed with the development according, to the provisions of §§ 150.175 et seq., the preliminary development plan and conditional use permit shall expire. The Council may, at its discretion, extend the filing deadline for any final plan when, for good cause shown. the extension is reasonable. In any case where preliminary development plan and conditional use permit approval expires, the concept plan approval and preliminary development plan approval for that portion of the OP development that has not received final plan approval is void. (Ord. 97-79, passed 5-1-2001; Am. Ord. 08-024, passed 4-20-2010) Penalty, see § 10.99 § 150.184 OP DEVELOPMENT FINAL PLAN. (A) The purpose of the final plans is to provide a complete, thorough, and permanent public record of the OP development and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications -thereof resulting from the OP development process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the OP development. (B) (l ) Submittals required, After approval of the concept plan and preliminary plan tor an OP development, the applicant shall submit the foltowing material for review by the city staff prior to the issuance of any building related permits: (a) A detailed landscaping- plan: (b) All easements and restrictive covenants: http://library.amlegal.comlalpscripts/get-content.aspx I l /6/2015 CHAPTER 5 : GENFRAL PROVISIONS Pac 11 of 13 (c) Ail cenificates, seals, and signatures required Ibr the dedication of land and recording of documents; (d) General architectural working drawings of all historic structures to be rehabilitated: (e) l'inal engineeringplans and specifications for streets, utilities, and other public improvements. together with all required development agreements for the installation of the imprcwcments; (I) Any other plans, agreements, or specifications reasonably necessary for the city staff to review the proposed construction; and Final plat. (2) City Council review, The final plan is intended only to add administration detail to, and to put in final form, the information contained in the concept plan and the preliminary development plan, and shall conform to the concept plan and preliminary development plan. The city shall review and approve the final plan and final plat within 60 days of receipt of a complete final OP development plan and final plat, as certified as complete by the City. Planner. (Ord. 97-79, passed 5-1-2001) Penalty, see § 10.99 § 150.185 RECORDING OF FINAL PLAT. The applicant shall submit to the city the recordable final plat drawings: all easements, deeds, plans, fees, financial security, and the other documentation as may be required by the development agreement within 30 days of final plan and final plat approval by the City Council. The recordable Final Plat, approval resolution, and the other documents that require recording shall be released by the city to the applicant for the recording only upon review and approval by appropriate city staff'; and, execution by thc applicant and required city officials. (Ord. 97-79, passed 5-1-2001) Penalty. see § 10.99 g • 150 186 BUILDING AND OTHER PERMITS. - Except as otherwise expressly provided herein, upon receiving written notice from the City Planner that the approved final plan has been recorded and all conditions of approval satisfied. the City Building official may issue building and other permits to the applicant for development. construction. and other work in the area encompassed by the approved final plan; provided, however, that no permit shall be issued except upon proper application and after the requirements of all other applicable codes and ordinances have been satisfied. (Ord. 97-79, passed 5-1-2001) § 150.187 LIMITATION ON FINAL PLAT APPROVAL. Within 18 months after approval of a final plan for OP development, or the shorter time as may be established by the approved development schedule, construction shall commence according to the approved plan. Failure to commence construction within the period shall automatically http://library.amlegal.cora, al pscriptslget-content.aspx 11(6/2015 CHAPTER 150: GENERAL PROVISIONS Pate 12 of 13 render void the OP conditional use permit and all approvals for the final OP development plan. The City Council may at is discretion extend the construction time as necessary when good cause is shown. (Ord. 97-79, passed 5-1-2001) Penalty. sec §10.99 § 150.188 METHOD OF AMENDING AN OP CONDITIONAL USE PERMIT. An desired change involving structural alteration, enlargement, or intensification of thc use. not specifically allowed by the specific tens of a previously passed OP conditional use permit. shall require that an application he filed for an amended permit and all procedures shall then apply as if a new permit was applied for. (Ord. 97-79, passed 5-1-2001) Penalty. see § 10.99 § 150.1.89 INFORMATION REQUIREMENTS; ADDITIONS; EXCEPTIONS. The City Administrator shall maintain a record of all permits issued, including information on the use. locations, conditions imposed. time limits. review dates. and the other information as may be appropriate. (Ord, 97-79. passed 5-1-2001) § 150.190 BUFFER SETBACKS IN OP DEVELOPMENTS. Buffer setbacks shall he applied from the edge of the ope space preservation zoning districts as follows. Recommended Buffer Setbacks' in OP Developments (in feet) St. Croix's Sanctuary Discover Crossing Whistling Valley 1 Whistling Valley 11 Whistling Valley III Farms of Lake Elmo Prairie Hamlet Fields of St. Croix I Fields of St. Croix 11 The Homestead Tapestry at Charlotte's Grove South West North Edge Edge Edge 200 50 50 200 100 50 25 200 N/A 25 100 85 50 100 100 100 50 100 200 50 50 50 NIA 200 N/A 200 200 50 50 200 50 50 200 East Edge 100 100 N:(A. N/A NiA .75 100 100 N/A 50 50 Exception Parcel(s) N/A 100 http://library.arnlegal.comlalpseriptsiget-content.aspx I 1/6/2015 CliAPTER 150: GENERAL PROVISIONS Page 13 of 13 Tamarack Farm Estates 100 100 100 100 Sunfish Ponds 100 100 100 200 Hamlet on Sunfish Lake 50 100 50 50 Cardinal Ride 100 200 50 50 Wildflower Shoves 100 00 100 200 Recommended Buffer Setbacks in OP Developments (in feet) South West East Exception North Edge Edge Edge Edge ParceIN Heritage Farms 50 NIA N/A 50 N/A Tana Ridge (Res. NIA 2009-033) Parkview Estates 50; except Lot 9, (Res. 2009-033) Block 5 use 20 ft Meyers Pineridg.e 50 .5010 Keats Ave, (Yleyers Pineridge) 0 N/A 50 .50 VA N/A 50 50 100 200 0 0 0 (Ord, 08-021. passed 12-15-2(11)9; Am, Ord, 08-034, passed 11-16-2010) imp://library.amlegal.com/alpscripts/itet-content.aspx 11/6/2015