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Home My WebLink About01-05-2016 City Council Meeting Packet 1 of 2NOTICE OF MEETING City Council Meeting Tuesday, January 5, 2016 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1.November 17, 2015 D. Public Comments/Inquiries E. Presentations F. Consent Agenda 2.Approve Payment of Disbursements 3.Designate Official Depositories of Funds; Resolution 2016-01 4.Designate Official Publication Newspaper of Record 5.Reappoint Planning Commissioners 6.Reappoint Parks Commissioners 7.Appoint City Engineer 8.Approve Conversion of Part Time Contractor to Part Time Employee 9.Approve Planning Department Staffing Proposal 10.Approve Posting Vacant Part Time Fire Department Position 11.Appoint City Attorney - Prosecution 12.Approve Driveway Encroachment and Maintenance Agreement postponed G. Regular Agenda 13.Gold Line BRT – Resolution 2016-02 14.Appoint Acting Mayor 15.Appoint City Attorney – General Counsel 16.OP Ordinance Discussion H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 CALL TO ORDER Called to order at 7:10 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, City Planner Wensman and City Clerk Johnson. Interim Administrator Schroeder read a statement explaining the role of the Parliamentarian. Chief Administrative Law Judge Pust introduced herself and reviewed guidelines and decorum policies for the meeting. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Mayor Pearson, seconded by Councilmember Smith, moved TO ADD ITEM J: ROLE OF PARLIAMENTARIAN TO THE AGENDA. MOTION PASSED 4 – 1. (Bloyer – Nay) Item 10 was removed from the Agenda. Items 7 and 9 were moved to the Regular Agenda for discussion after item 13. Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 5 – 0. ACCEPT MINUTES Councilmember Fliflet, seconded by Mayor Pearson, moved TO APPROVE THE NOVEMBER 4, 2015 MINUTES AS AMENDED. MOTION PASSED 5 – 0. COUNCIL REPORTS Mayor Pearson: Met with staff, Bureau of Mediation Services, LMC and Judge Pust to discuss the Parliamentarian process; met with staff to prepare for a water sewer consultant RFP; met with County officials on a variety of matters; held a Visit with the Mayor; attended the Oakdale Lake Elmo Prayer Breakfast; attended the Public Safety Committee meeting; attended the Parks Commission meeting; fielded concerns from residents regarding the impact of development in various neighborhoods, noting no complaints have been received from downtown property owners; took calls regarding financial discussion and asked Interim Administrator Schroeder to comment on that during his staff report. Councilmember Fliflet: Met with LMC and BMS; held a Finance Committee meeting where they worked on water rate reduction and 2016 Budget; held an HR Committee meeting and fielded resident concerns. Councilmember Smith: Attended Finance Committee and postponed other reports due to time considerations. Councilmember Lundgren: Spoke with Bureau of Mediation; discussed milfoil in lakes with residents, attended HR Committee meeting; attended Oakdale Lake Elmo Prayer Breakfast; thanked Public Works staff for picking up two dead deer in her neighborhood; discussed Inwood area flooding with resident and staff. Councilmember Bloyer: Emailed with Fields residents, emails from residents regarding the Parliamentarian. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Page 2 of 7 Judge Pust explained that she was serving as Parliamentarian on behalf of the Office of Administrative Hearings and reported that the City will be billed by the OAH at a rate of $120 per hour as approved by the Minnesota Management and Budget Department. PUBLIC COMMENTS/INQUIRIES Matt Eder and Becky Goble spoke on behalf of their dad, Jerome Eder, at 3415 Lake Elmo Avenue North concerning the construction of a storm water holding pond adjacent to his property and related safety concerns. Wally Nelson, 4582 Lilac Lane North, stressed the need for civility among the City Council Members and called for removal of the censure of Councilmember Bloyer. PRESENTATIONS None FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept Financial Report Dated October 31, 2015 4. Accept Building Report Dated October 31, 2015 5. Accept Assessors Report Dated October 31, 2015 6. Approve Eagle Point Blvd. Street Improvements Pay Request No. 3 Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. OTHER CONSENT AGENDA 8. Water Tower No. 4 – Approve Preliminary Design Recommendations Councilmember Smith, seconded by Councilmember Fliflet, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. MOTION PASSED 5-0. ITEM 11: CLARIFICATION OF MANNING AVENUE REDESIGN AND FUNDING OPTIONS Interim Administrator Schroeder provided background information on the Washington County plan to realign Manning Avenue and the design option chosen by the City Council. Councilmember Fliflet added that she requested this discussion to provide clarification for the public to address misconceptions. Jack Rowenhorst, 11676 Little Bluestem, stated that as a new driver he is concerned about safety and thinks option C would be much safer. Lisa Rowenhorst, 11676 Little Bluestem, spoke against the C2 design chosen by the City Council and asked the Council to reconsider option C for safety reasons. Mary Pat Cumming, 11857 44th Street Lane North, reported that approximately 200 people in the neighborhood have met and asked that their voices be heard in support of option C. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Page 3 of 7 Cindy Silkworth, 4418 Lily Avenue North, stated the County, staff and Planning Commission recommended concept C and requested the City Council reconsider concept C. Karen Schwartz, 11772 44th Street Lane North, expressed concerns about safety and asked that Highway 5 remain open in both directions until the north-south road is built. John Hodler, 11834 44th Street Lane North, stated that not building the north-south road is a big problem for Fields of St. Croix residents and requested the Council reconsider option C. Marcy Eischen, 11674 Stillwater Boulevard, spoke in favor of the dead end option on behalf of herself and neighbors Dupuis and Jacobsen. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO CLARIFY MANNING AVENUE REDESIGN APPROVAL OF CONCEPT C2 THAT WAS PASSED AT THE SEPTEMBER 15 CITY COUNCIL MEETING, TO READ THA THE CITY COUNCIL ACCEPTS CONCEPT C2, BUT THA THE EXACT TIMING, PLACEMENT, DESIGN AND FUNDING FOR THE NORTH/SOUTH CONNECTION ROAD WILL BE DETERMINED AT A LATER TIME THROUGH THOUGHTFUL PLANNING, AND THAT OLD HIGHWAY 5 WILL NOT BE CUL DE SAC’D UNTIL THIS NORTH/SOUTH CONNECTION IS BUILT. MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay) Councilmember Bloyer stated concerns about safety and uncertainty that the costly north-south road would be safer than option C. Mayor Pearson referred to a Washington County report on stop lights and stated the C2 option is not safer. Councilmember Fliflet directed staff to begin planning a workshop with residents to gather their feedback. Councilmember Bloyer stated that the landowner should be contacted to inquire about purchasing land for the north-south road. Mayor Pearson stated that the north-south road is an improvement but without the landowner present it will be difficult to make progress. ITEM 9: DOWNTOWN PHASE I IMPROVEMENTS – APPROVE DESIGN REVISIONS FOR UPPER 33RD STREET AND LIBRARY PARKING LOT City Engineer Griffin provided an overview of the proposed revisions on Upper 33rd Street and noted concerns expressed by a business owner. Steve Johnson, 2945 Lake Elmo Avenue, stated that he has some concerns but feels the proposed design is reasonable and works well for the Fire Department. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO APPROVE THE UPPER 33RD STREET STRIPING REVISIONS FOR THE PHASE I DOWNTOWN STREET, DRAINAGE AND UTILITY IMPROVEMENTS. MOTION PASSED 4 – 1. (Pearson – Nay) LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Page 4 of 7 Mayor Pearson stated that removing five parking spaces downtown needs additional research and discussion. City Engineer Griffin reviewed the proposed parking lot improvements for the Library, noting that the Library Board would also be reviewing the proposal. Griffin stated that the project contractor is offering favorable pricing through adding this project on to the downtown project. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE LIBRARY PARKING LOT IMPROVEMENTS TO BE CONSTRUCTED IN CONJUNCTION WITH PHASE I DOWNTOWN STREET, DRAINAGE AND UTILITY IMPROVEMENTS, CONTINGENT ON LIBRARY BOARD APPROVAL AT THEIR NOVEMBER 18 MEETING. MOTION PASSED 4 – 1. (Bloyer – Nay) Councilmember Bloyer stated that the City should pay for this improvement for a City building and added that the City Council has not seen the Library budget. ITEM 12: SEARCH FIRM FOR CITY ADMINISTRATOR Interim Administrator Schroeder explained that the term of his contract is July 2016 to January 2016 and presented a list of search firms that could be employed to conduct a search for a permanent City Administrator. Schroeder stated that Springsted provided an estimated cost of $15,000 to $20,000 depending upon the scope of services. Discussion held concerning options for conducting a search with and without a search firm. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO MOVE FORWARD WITHOUT A SEARCH FIRM AND INSTRUCT THE CITY CLERK TO POST THE POSITION ON THE LMC AND ICMA WEBSITES. Councilmember Smith, seconded by Councilmember Fliflet, moved TO AMEND THE MOTION TO ADD SUBJECT TO HIRING OF A PROFESSIONAL FIRM TO CONDUCT BACKGROUND CHECKS. MOTION PASSED 5 – 0. Councilmember Bloyer stated that he won’t support the motion, as he feels the City could extend Mr. Schroeder’s contract and that Councilmembers shouldn’t be involved in vetting applicants. Mayor Pearson suggested seeking professionals within the City to assist with reviewing applicants. PRIMARY MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay) City Attorney Snyder recommended that the process should be moved along and suggested staff prepare an advertisement for approve at the next Council meeting. ITEM 13: HIGH PRIORITY FOR HIGHWAY 5/COUNTY ROAD 14 Interim Administrator Schroeder explained that Councilmembers have expressed a need for a traffic light at the intersection of Highway 5 and 50th Street. Jim Ogren, 11790 Little Bluestem, stated that a stop light will also be needed at the intersection of Highway 5 and Manning and suggested they could both be installed at the same time. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Page 5 of 7 Councilmember Fliflet stated that the 50th Street intersection should be a high priority for 2016 and not wait for the new road alignment. Councilmember Fliflet, seconded by Councilmember Smith, moved THE LAKE ELMO CITY COUNCIL WOULD LIKE BY MATTER OF RESOLUTION TO SUPPORT A TRAFFIC SIGNAL AT THE INTERSECTION OF NEW CSAH 15 AND 50TH STREET AND MAKE IT KNOWN THAT THE CITY WOULD LIKE THIS TO BE THE NUMBER ONE PRIORITY FO RHTE COUNTY FOR THIS STRETCH OF ROADWAY RECENTLY TURNED OVER TO THE COUNTY FROM THE STATE OF MINNESOTA PREVIOUSLY KNOWN AS STATE HIGHWAY 5. Councilmember Bloyer stated that this intersection does not meet County standards for a traffic light. Mayor Pearson asked about facts and rankings from the County’s report on intersections and stated that all intersections should be assessed before committing to upgrading one. Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE THIS ISSUE TO A WORKSHOP. MOTION FAILED 2 – 3. (Fliflet, Lundgren, Smith – Nay) PRIMARY MOTION PASSED 3 – 1 – 1. (Pearson – Nay, Bloyer – Present) Mayor Pearson clarified that he is not opposed to a traffic light at the 50th Street intersection but wants to look at all intersections first. Mayor Pearson, seconded by Councilmember Lundgren, moved TO DIRECT STAFF TO ARRANGE A WORKSHOP TO DISCUSS INTERSECTION SAFETY CITY WIDE. MOTION PASSED 5 – 0. ITEM 7: APPROVE SPECIAL ASSESSMENT PAYOFF FOR KLEIS PROPERTY Finance Director Bendel reviewed the request from the property owner for a reduced payoff amount for special assessments levied in 1995 on a parcel that is in the Green Acres program. City Attorney Snyder explained the Green Acres program and noted that if the City Council chooses to modify the assessment it should be done by uniform resolution or an ordinance change. Peter Kastler, 9130 55th Street North, stated he is the grandson of the original owners and that his grandparents did not have any documentation regarding this assessment or the interest that is due. Mr. Kastler noted that the assessment payoff isn’t due until the property is taken out of Green Acres but he would agree to pay it off early at the reduced amount as a benefit to both parties. Councilmember Fliflet, seconded by Councilmember Smith, moved TO ACCEPT THE PAYOFF OFFER OF $6,879.55 FROM MR. KASTLER/KLEIS FAMILY TO PAY IN FULL THE OUTSTANDING SPECIAL ASSESSMENTS RELATED TO THE 1995 STREET OVERLAY PROJECT. MOTION PASSED 3 – 2. (Pearson, Bloyer – Nay) LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Page 6 of 7 Councilmember Bloyer stated that he understands the situation but feels the City needs to adhere to the laws and have thought out policies in place. Mayor Pearson added that he is concerned about setting precedence with this reduction but has empathy for the property owners. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Attended the Public Safety Committee meeting, Parks Commission meeting, met with developers, worked on legal and engineering concerns, attended the Finance Committee meeting, provided the Mayor’s Handbook to the City Council at the recommendation of the League of MN Cities. Reported that the Finance Committee discussed the proforma and recommends hiring Northland Securities to develop the proforma. The Finance Committee will continue to discuss how to develop the proforma at the next meeting and Schroeder recommended that the current spreadsheet not be worked on any further Councilmember Bloyer stated that the explanation given on the $6.5M in assessments is unacceptable and stated that it can easily be explained where the $6.5M was and the amount of assessments paid in the past month. Councilmember Bloyer, seconded by Mayor Pearson, moved THAT THE CITY ADMINISTRATOR AND FINANCE DIRECTOR PROVIDE THE CITY COUNCIL AND RESIDENTS WITH AN EXPLANATION AS TO THE WHEREABOUTS OF $6.5 MILLION WORTH OF ASSESSMENTS. MOTION FAILED 2 – 3. (Fliflet, Lundgren, Smith – Nay) Councilmember Fliflet stated she would not support the motion because she supports the City Administrator’s recommendation to move on to a new model. City Clerk Johnson: Reported that an offer has been extended to a candidate for the Office Administrative Assistant position. Finance Director Bendel: Finalized recommended changes to the 2016 General Fund Budget at Finance Committee Meeting, fielding calls and questions on assessments, all Lennar outstanding assessments will be paid soon, started year end closeout in preparation for the audit. City Attorney Snyder: No report. Community Development Wensman: No report City Engineer Griffin: Working on projects for next year and the engineering department is very busy with current construction projects. ROLE OF PARLIAMENTARIAN Judge Pust asked for City Council input on the Parliamentarian and stated it was an honor to be invited. Councilmembers indicated that it was helpful to have a Parliamentarian run the meeting. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO CONTINUE THE SERVICES OF THE PARLIAMENTARIAN UNTIL THE SERVICES ARE NO LONGER NEEDEDAND TO DIRECT STAFF TO SECURE A REPLACEMENT PARLIAMENTARIAN IF NEEDED. MOTION PASSED 3 – 1 – 1. (Pearson – Abstain, Bloyer – Nay) LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2015 Page 7 of 7 Councilmember Bloyer stated that he would not support the motion to continue to pay for the services of a Parliamentarian due to the opinion of the League of Minnesota Cities that Mayor Pearson does a fine job running the meetings. Judge Pust stated that representatives from the League of Minnesota Cities and Board of Mediation Services stated that their support of the council’s decision to hire a Parliamentarian for this meeting was not a reflection on the Mayor’s ability to run the meetings. Meeting adjourned at 11:16 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: January 5, 2016 CONSENT ITEM #2 MOTION AGENDA ITEM: Approve Disbursements in the amount of $476,690.90 SUBMITTED BY: Patty Baker, Accountant THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $476,690.90 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 Agenda. 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. City Council Meeting [Consent Agenda Item 2] January 5, 2016 -- page 2 -- 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: 1. Accounts Payable – check registers MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 City Council Meeting [Consent Agenda Item #5] January 5, 2016 -- page 2 -- • 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 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.” ATTACHMENT: 1) Resolution No. 2016-01 Resolution 2016-01 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 2015: • 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: __________________________ Mike Pearson Mayor ATTEST: ________________________________ Julie Johnson City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: January 5, 2016 CONSENT ITEM # 4 AGENDA ITEM: Designation of Official Newspaper SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Julie Johnson, City Clerk REVIEWED BY: Julie Johnson, City Clerk SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: 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 of record for 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. City Council Meeting [Consent Agenda Item 4] January 5, 2016 -- page 2 -- 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 of record for 2016 and designate the St. 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 MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 Agenda): - Introduction of Item .....................................Community Development Director - Report/Presentation………………………...Community Development Director - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: Staff is recommending that the City Council re-appoint Dale Dorschner, Dean Dodson and Tom 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 REQUESTED: The City has received notification from Commissioner Dale Dorschner, Commissioner Dean Dodson and Commissioner Tom Kreimer that they are all are interested in serving an additional three-year term on the Planning Commission. Under the City’s Ordinances, all of these members are eligible to serve an additional term. Staff is 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-year term.” City Council Meeting January 5, 2016 -- page 2 -- LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The Planning Commission consists of 7 Full Voting Members and 2 Alternate Members. Full Voting Members fill established seats or terms 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 be 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. RECOMMENDATION: Based on the aforementioned, Staff is 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-year term.” City Council Meeting January 5, 2016 -- page 3 -- ATTACHMENTS: 1. Dale Dorschner Email to Serve Additional Term 2. Dean Dodson Email to Serve Additional Term 3. Tom Kreimer Email to Serve Additional Term 4. Planning Commission Status – 2015 5. Planning Commission Status – Proposed for 2016 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: January 5, 2016 REGULAR ITEM # 6 AGENDA ITEM: Reappointment of Park Commission Members SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Julie Johnson, City Clerk REVIEWED BY: Clark Schroeder, Interim Administrdator SUGGESTED ORDER OF BUSINESS: - Introduction of Item ............................. City Clerk/Assistant City Administrator - Report/Presentation……………………City Clerk/Assistant City Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: City 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 for a 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, 2014. 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 City Council Meeting Consent Agenda Item 6 January 5, 2016 -- page 2 -- expired as of December 31, 2015. Staff recommends reappointment to another 3 year term for each individual. If removed from the Consent Agenda, the motion for this action is as follows: “Move to appoint Shane Weis and Mary Frick to the Lake Elmo Park Commission for a three year term.” AUTHORITY: City Code Section 32.082 COMPOSITION The Parks Commission shall consist of 7 members and 2 alternate members. The voting members shall be appointed by the City Council for a 3-year term. Voting members may not serve more than 2 consecutive terms. Appointment to an additional term(s) will be considered with the available applicant pool. Alternate members shall be appointed to serve until there is a vacancy on the Parks Commission. The City Council shall appoint a first alternate and a second alternate who shall become voting members in the order of their appointment. In its discretion, the City Council may adjust the lengths of terms of office for Parks Commission members so that no more than one-half of the terms expire in any given year. MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 .............................................................. 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: Staff FISCAL IMPACT: $2.00 per hour billing rate increase for Senior Municipal Engineer III effective January 1, 2016. SUMMARY AND ACTION REQUESTED: 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, 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.” 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. City Council Meeting [Consent Agenda Item 7] January 5, 2016 -- page 2 -- 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.” December 21, 2015 Mr. Clark Schroeder, Interim City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 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 a 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. We appreciate the continued opportunity to serve the City of Lake Elmo. Please contact me should you have any questions or concerns. Sincerely, John (Jack) W. Griffin, P.E. Principal, Senior Municipal Engineer Enclosure Cc: Cathy Bendel, Finance Director Julie Johnson, City Clerk FOCUS ENGINEERING, inc. Cara Geheren, P.E. 651.300.4261 Jack Griffin, P.E. 651.300.4264 Ryan Stempski, P.E. 651.300.4267 Chad Isakson, P.E. 651.300.4283 FOCUS ENGINEERING, inc. – Standard Hourly Rate Schedule REV 01.01.2016 FOCUS ENGINEERING, inc. 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 or profit. Sr. Municipal Engineer III – Jack Griffin $120 / hour Sr. Municipal Engineer II – Cara Geheren $112 / hour Sr. Municipal Engineer I – Mark Scholle $105 / hour Municipal Engineer II – Ryan Stempski $90 / hour Municipal Engineer I – Chad Isakson $80 / hour Project Engineer $72 / hour Graduate Engineer – Amanda Groh $65 / hour Graduate Engineer – Frank Borich $65 / hour Reimbursable Expenses Schedule  Vehicle Mileage reimbursed at the current Federal IRS Rate.  Outside professional and technical services billed to the Engineer plus 10%.  Identifiable printing and reproduction costs when incurred in the direct performance of the City’s work.  Other expenses for items and services as may be required by the City to fulfill the terms of a specific authorization. MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 compliance 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): City Council Meeting [Consent Agenda Item #8) January 5th, 2016 -- page 2 -- Strengths Patty has been working for the City for 2 years and is a strong 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 MAYOR AND COUNCIL COMMUNICATION DATE: 1/5/16 CONSENT ITEM #: 9 MOTION AGENDA ITEM: Approve Planning Department Staffing Proposal SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: Julie Johnson SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates SUMMARY AND ACTION REQUESTED: Hire Stephen Wensman for Community Development Director/Planning Director at a salary of $72,000 per year with benefits. By default, this creates a vacancy for a city planner. Staff recommends 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 following 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 $72,000 per year.” “Motion to direct city staff to advertise, interview, and recommend for employment a new City Planner.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- 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 BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation………………………………………………… Fire Chief - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECCOMENDER: Fire 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. City Council Meeting [Consent Agenda Item #xx) August 18th, 2015 -- page 2 -- Opportunities Fill the vacancy ASAP to allow for a transitional period and training by Mike Cornell. Threats 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 recommends moving ahead with filling the vacancy. ATTACHMENTS: • Job Description 12/30/2015 1 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  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 2 Perform data entry to ensure compliance with NFIRS 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 following: • Relief Association • Call Percentage MAYOR AND COUNCIL COMMUNICATION DATE: 1/5/16 REGULAR ITEM #: 11 MOTION AGENDA ITEM: Appoint City Attorney - Prosecution SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item ........................................................................................ Staff - Report/Presentation ......................................................................................... Staff - Questions from Council to Staff ................................................ Mayor Facilitates - Public Input, if Appropriate ....................................................... Mayor Facilitates - Call for Motion .................................................................. Mayor & City Council - Discussion .......................................................................... Mayor & City Council - Action on Motion ....................................................................... Mayor Facilitates PUBLIC POLICY STATEMENT APPONTMENT OF PROSECUTION CITY ATTORNEY SUMMARY AND ACTION REQUESTED: 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 for Legal Services from Eckberg Lammers