The URL can be used to link to this page

Home My WebLink About02-16-16 City Council Meeting Packet NOTICE OF MEETING City Council Meeting Tuesday, February 16, 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. January 5, 2016 D. Public Comments/Inquiries E. Presentations Comprehensive Annual Financial Report (CAFR) Award Presentation Verizon Wireless Cell Phone Tower – Downtown Location F. Consent Agenda 2. Approve Payment of Disbursements 3. Accept January 2016 Assessors Report 4. Accept January 2016 Building Department Report 5. Village Trunk Utility Improvements – Approve Reduction of Security #2 6. Wildflower at Lake Elmo 1st Addition – Approve Reduction of Security #3 7. Approve Hiring of Office Administrative Assistant 8. Approve Hiring of City Planner 9. Approve Forestry Plan for Sunfish Lake Park G. Regular Agenda 10. Union Discussion 11. Appoint Parks & Planning Commissioners 12. Commercial Wedding Ceremony Venue a. Ordinance Amendment b. Interim Use Permit 13. Arbor Glen Senior Living a. Zoning Text Amendment b. Rezoning and Conditional Use Permit 14. Approve City Administrator Contract 15. 2016 Street Improvements – Approve Plans and Specifications; Authorize Ad for Bids 16. Planning Commission to Review Land Use 17. Building Official Ordinance 18. Mayors Handbook 19. Single Fire Station 20. IPAD Request 21. Library Associate Status Discussion and Possible Action H. Council Reports I. Staff Reports and Announcements J. Executive Session Executive Session to discuss litigation strategy with respect to the State of Minnesota v. 3M Company lawsuit. This portion of the meeting will be closed pursuant to Minnesota Statutes Section 13D.05, subdivision 3 (b) K. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 2016 CALL TO ORDER Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Interim Administrator Schroeder, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, Fire Chief Malmquist and City Clerk Johnson. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Mayor Pearson moved Item 9 to the end of the Agenda. Councilmember Bloyer moved Item 11 to the end of the Agenda. Councilmember Lundgren moved Item 5 to the Regular Agenda. Councilmember Smith removed Item 16 for consideration at a future Council Workshop. Councilmember Fliflet, seconded by Councilmember Smith, moved TO REMOVE ITEMS 10 AND 11 FROM THE AGENDA AND REFER THEM TO THE HUMAN RESOURCES COMMITTEE. Motion passed 3 – 2 (Pearson, Bloyer – nay). Agenda adopted as amended. ACCEPT MINUTES Minutes of the November 17, 2015 Regular Meeting were discussed. The City Clerk was directed to work with the City Attorney to add further clarification to the discussion regarding the first motion on page 6. PUBLIC COMMENTS/INQUIRIES Susan Dunn, 11018 Upper 33rd Street, expressed safety concerns related to the hauling of dirt for the new storm water pond. Councilmember Bloyer provided an update on the cost of the Parliamentarian. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Designate Official Depositories of Funds; Resolution 2016-01 4. Designate Official Publication Newspaper of Record 6. Reappoint Parks Commissioners 7. Appoint City Engineer 8. Approve Conversion of Part Time Contractor to Part Time Employee Consent agenda adopted as presented. ITEM 13: Gold Line BRT – Resolution 2016-02 Will Schroer of East Metro Strong presented an overview of preliminary route and station locations for the proposed Gold Line Bus Rapid Transit. Potential commercial and residential LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 2016 Page 2 of 4 opportunities associated with rapid transit were presented with data from the study conducted at the City’s request. Benefits to specific populations were also presented. Jan Lucke, Washington County Transit Planning Manager, reviewed the process and timeline for bringing the project through the planning phase. Lucke also reviewed the Regional Transportation Plan and progression of the eastern end of the plan. Discussion was held concerning Met Council population forecast figures and city control of development around the bus stops. Susan Dunn, 11018 33rd Street North, expressed concern over the land use around the transit hubs and population forecast numbers. Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE RESOLUTION 2016-02 WITH THE ADDITION OF “PROPOSED” TO THE FIRST BULLET POINT UNDER THE 8TH WHEREAS CLAUSE PRIOR TO “MANNING AVENUE PARK AND RIDE.” Motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). Councilmember Fliflet stated this is not the right fit for this community and stressed maintaining rural character. Councilmember Smith stated this is a 50-100 year decision. Councilmember Lundgren expressed disappointment in not receiving the full study from East Metro Strong and added that BRT will not attract high quality development. ITEM 14: Appoint Acting Mayor Mayor Pearson, seconded by Councilmember Bloyer, moved TO NOMINATE COUNCILMEMBER LUNDGREN AS ACTING MAYOR. Councilmember Lundgren withdrew her name as a candidate for Acting Mayor. Councilmember Smith, seconded by Councilmember Fliflet, moved TO NOMINATE COUNCILMEMBER FLIFLET AS ACTING MAYOR. Motion passed 4 – 0 – 1 (Fliflet – abstain). ITEM 15: Appoint City Attorney – General Counsel Interim Administrator Schroeder reported that two responses were received for the RFP for Legal Services. Councilmember Bloyer, seconded by Mayor Pearson, moved TO RETAIN JOHNSON & TURNER AS THE CITY ATTORNEY. Motion TO STRIKE “JOHNSON AND TURNER” AND INSERT A BLANK. Motion passed 4 – 1 (Pearson – nay). Motion TO REPLACE THE BLANK WITH “JOHNSON AND TURNER”. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). Motion TO REPLACE THE BLANK WITH “KENNEDY AND GRAVEN.” Motion passed 3 – 2 (Pearson, Bloyer – nay). LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 2016 Page 3 of 4 Primary motion TO RETAIN KENNEDY AND GRAVEN AS THE CITY ATTORNEY passed 3 – 1 – 1. (Pearson – nay, Bloyer – abstain). Mayor Pearson stated that City Attorney Snyder has kept the City out of trouble with the League of Minnesota Cities and has provided continuity during staff turnover. ITEM 11: Appoint City Attorney – Prosecution Councilmember Smith, seconded by Mayor Pearson, moved TO APPOINT ECKBERG LAMMERS AS CITY ATTORNEY – PROSECUTION. Motion passed 5 – 0. ITEM 5: Reappoint Planning Commissioners Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPOINT DALE DORSCHNER TO THE PLANNING COMMISSION FOR AN ADDITIONAL THREE YEAR TERM. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). Councilmembers Fliflet and Lundgren expressed concern over Mr. Dorschner’s behavior on the Commission. Mr. Dorschner stated that he has enjoyed working on the Planning Commission and considers it to be a very productive group. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO REAPPOINT DEAN DODSON TO THE PLANNING COMMISSION. Motion passed 5 – 0. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO REAPPOINT TOM KREIMER TO THE PLANNING COMMISSION. Motion passed 5 – 0. ITEM 9: Approve Planning Department Staffing Proposal Interim Administrator Schroeder presented a recommendation to hire City Planner Stephen Wensman as the Planning Director. Councilmember Smith, seconded by Councilmember Fliflet, moved TO PROMOTE STEPHEN WENSMAN TO PLANNING DIRECTOR AT A SALARY OF $72,000 PER YEAR AND DIRECT CITY STAFF TO ADVERTISE, INTERVIEW AND RECOMMEND FOR EMPLOYMENT A NEW CITY PLANNER. Councilmember Bloyer, seconded by Mayor Pearson, moved TO TABLE THIS ITEM TO AN EXECUTIVE SESSION ONE HALF HOUR PRIOR TO THE NEXT MEETING. Motion failed 2 – 3 (Fliflet, Lundgren, Smith – nay). Primary motion passed 5 – 0. COUNCIL REPORTS Mayor Pearson: Met with the Hamlet neighborhood, attended Community Development Director interviews, worked on Library issues, attended Parks Commission meeting. Mayor Pearson congratulated the owners of the Lake Elmo Inn on receiving the Stillwater Chamber of Commerce Business of the Year award. LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 2016 Page 4 of 4 Councilmember Fliflet: Attended Community Development Director Interviews, worked on library issues and attended meetings concerning library issues, fielded questions on the library. Worked on internal control policies and received comments on the Parliamentarian. Councilmember Smith: Attended City Attorney interviews and was impressed with the applicants. Met with the Met Council and Washington County regarding the BRT. Thanked the Parliamentarian for his work with the City. Councilmember Lundgren: Attended the City Attorney interviews, Community Development Director interviews and spoke with citizens. Councilmember Bloyer: Attended BRT meetings, received notice regarding an IPAD decision and asked the Administrator to look into the legality of Councilmember Fliflet’s motion regarding him. Commented on status of FOIA requests. STAFF REPORTS AND ANNOUNCEMENTS Interim City Administrator Schroeder: Held development meetings with developers and worked on a development tracking system, attended meetings on the BRT, met with Councilmembers, thanked staff for help on Budget Book. City Clerk Johnson: Noted workspace upgrades underway in anticipation of new staff and current needs. Finance Director Bendel: Received CAFR award designation, working on audit preparation and sending out 3,100 storm water bills and quarterly water bills. Planning Director Wensman: Working on AUAR update, preparing for a meeting with the DNR regarding the shore land ordinance, and receiving a number of development applications. City Engineer Griffin: Holding CSAH 13 open house #2 on Thursday at Castle Elementary in Oakdale. Meeting adjourned at 10:40 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 CONSENT ITEM 4 MOTION AGENDA ITEM: New Single Family Home Permit Report SUBMITTED BY: Rick Chase, Building Official THROUGH: Rick Chase, Building Official REVIEWED BY: Clark Schroeder, City Administrator SUGGESTED ORDER OF BUSINESS: - Introduction of Item .............................................................. City Administrator - Report/Presentation…………………………………………City Administrator - Questions from Council to Staff .............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion ..................................................................... Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through January, 2016. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: 2016 2015 2014 New Homes 16 5 0 Total valuation $4,071,681 $2,306,668 NA Average home value 254,000 461,333 NA Total Valuation YTD 9,115,875 3,946,191 $167,840 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the January, 2016 monthly new home building permit report. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 CONSENT ITEM #4 AGENDA ITEM: Monthly Assessor Report SUBMITTED BY: Dan Raboin, City Assessor 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 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through January 2016 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Property splits/plats – 0 Sales collected and viewed – 14 Taxpayer inquiries – 3 Miscellaneous inquiries - 9 Inspections – Residential – 12; Commercial – 0 Building permit reviews – 16 Pictures taken – 12 Other work performed included: • Completion of all appraisal work for the 2016 property tax year which included sales analysis, review of land valuations, neighborhood values and miscellaneous edit lists. City Council Meeting [Consent Agenda Item #4] February 16, 2016 -- page 2 -- • Monthly meeting with County residential and commercial supervisors • Input of all inspection and permit work • Perform sales verifications and land value analysis using MLS and other resources • Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the January 2016 monthly assessor report. 3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org February 17, 2016 Craig Allen, Chief Manager Gonyea Company 10850 Old County Road 15, Suite 200 Plymouth, MN 55441 Re: Village East Trunk Utility Improvements Lake Elmo, Minnesota Irrevocable Letter of Credit No. 310 Dear Mr. Allen: We have reviewed and processed your request dated February 2, 2016 for a reduction in the security for the Village East Trunk Utility Improvements in Lake Elmo, MN. At this time the Irrevocable Letter of Credit No. 310 may be reduced to $190,501.75. This represents a reduction in the amount of $190,501.75; or 25% of the Sanitary Sewer and Watermain Improvements. Please process the security reduction through the Lake Elmo City Clerk. Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, John (Jack) W. Griffin, P.E. City Engineer cc: Clark Shroeder, Interim City Administrator Julie Johnson, City Clerk Cathy Bendel, Finance Director Stephen Wensman, City Planner J Griffin MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 CONSENT ITEM # 5 AGENDA ITEM: Village East Trunk Utility Improvements – Approve Security Reduction #2. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $190,501.75. This amount will be retained by the City through the one year warranty period. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the developer installed Village East Trunk Utility Improvements. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The developer installed Village East Trunk Utility Improvements have been substantially completed consisting of the installation of trunk sanitary sewer and trunk watermain. Since the last security reduction the developer has successfully tested and received engineering approval for the sanitary sewer and watermain improvements thereby meeting the threshold for an additional 25% security reduction for the costs of those two utilities, or $190,501.75. In accordance with Section 28 of the Development City Council Meeting [Regular Agenda Item 5] February 16, 2016 -- page 2 -- Agreement, the remaining 25% of the original security, or $190,501.75 will be retained by the City through the one-year warranty period. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a reduction in the security amount for the developer installed Village East Trunk Utility Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve a reduction of the Letter of Credit for the developer installed Village East Trunk Utility Improvements from $381,003.50 down to $190,501.75.” ATTACHMENT(S): 1. Engineer’s Letter Recommending Security Reduction #2 for the Village East Trunk Utility Improvements. 3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org February 17, 2016 Craig Allen, Chief Manager Gonyea Company 10850 Old County Road 15, Suite 200 Plymouth, MN 55441 Re: Village East Trunk Utility Improvements Lake Elmo, Minnesota Irrevocable Letter of Credit No. 310 Dear Mr. Allen: We have reviewed and processed your request dated February 2, 2016 for a reduction in the security for the Village East Trunk Utility Improvements in Lake Elmo, MN. At this time the Irrevocable Letter of Credit No. 310 may be reduced to $190,501.75. This represents a reduction in the amount of $190,501.75; or 25% of the Sanitary Sewer and Watermain Improvements. Please process the security reduction through the Lake Elmo City Clerk. Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, John (Jack) W. Griffin, P.E. City Engineer cc: Clark Shroeder, Interim City Administrator Julie Johnson, City Clerk Cathy Bendel, Finance Director Stephen Wensman, City Planner J Griffin MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 CONSENT ITEM # 6 AGENDA ITEM: Wildflower at Lake Elmo – Approve Security Reduction #3. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS if removed from the Consent Agenda): - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $2,042,322 which remains sufficient to complete the remaining improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Wildflower at Lake Elmo 1st Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The developer has completed a substantial portion of the required development improvements for the Wildflower at Lake Elmo 1st Addition including the installation of sanitary sewer, installation of watermain, a substantial portion of storm sewer and about 35% of the required public street improvements consisting of over $2.5 million in construction costs. Since the last security reduction the developer has successfully tested and received engineering approval for the sanitary sewer and watermain improvements City Council Meeting [Regular Agenda Item 6] February 16, 2016 -- page 2 -- thereby meeting the threshold for an additional 25% security reduction for the costs of those two utilities, or $268,418. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, a reduction in the security amount for the Wildflower at Lake Elmo 1st Addition. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve a reduction of the Letter of Credit for the Wildflower at Lake Elmo 1st Addition from $2,310,740 down to $2,042,322.” ATTACHMENT(S): 1. Engineer’s Letter Recommending Security Reduction #3 for the Wildflower at Lake Elmo 1st Addition. 3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org February 17, 2016 Mr. Robert Engstrom Robert Engstrom Companies 4801 West 81st Street, Suite 101 Minneapolis, MN 55437 Re: Wildflower at Lake Elmo 1st Addition Lake Elmo, Minnesota Irrevocable Letter of Credit No. 1000 Dear Mr. Engstrom: We have reviewed and processed your request dated January 28, 2016 for a reduction in the security for the Wildflower at Lake Elmo 1st Addition in Lake Elmo, MN. At this time the Irrevocable Letter of Credit No. 1000 may be reduced to $2,042,322. This represents a reduction in the amount of $268,418; or 25% of the Sanitary Sewer and Watermain Improvements. Please process the security reduction through the office of the Lake Elmo City Clerk. Should you have any questions or require additional information, please call me 651.300.4264. Sincerely, John (Jack) W. Griffin, P.E. City Engineer cc: Clark Shroeder, Interim City Administrator Julie Johnson, City Clerk Cathy Bendel, Finance Director Stephen Wensman, City Planner J Griffin MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 CONSENT ITEM # 7 AGENDA ITEM: Approve Office Administrative Assistant Hiring SUBMITTED BY: City Clerk, Julie Johnson THROUGH: Interim Administrator, Clark Schroeder REVIEWED BY: Clark Schroeder & Cathy Bendel SUGGESTED ORDER OF BUSINESS: - Introduction of Item ......................................................... Interim Administrator - Report/Presentation…………………… ................... …...Interim Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMENDER: Interim Administrator and City Clerk. FISCAL IMPACT: This is a full time non exempt position at $19.50/hr with an estimated fully loaded cost of $60,870.64 per year assuming family medical and dental coverage. SUMMARY AND ACTION REQUESTED: We received almost 50 applications for this position, and of those, 6 highly qualified individuals were interviewed. References have been verified and background check conducted. We are recommending that Patti Stucke be hired with a start date of February 24, 2016. Ms. Stucke has accepted the position contingent on approval by the City Council. RECOMMENDATION: If pulled from consent agenda, motion should be: “Motion to approve filling the Office Administrative Assistant position as recommended by City Staff.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 REGULAR ITEM # 8 AGENDA ITEM: Approve Hiring of City Planner SUBMITTED BY: Interim Administrator, Planning Director, City Clerk THROUGH: City Clerk, Julie Johnson REVIEWED BY: City Clerk, Julie Johnson SUGGESTED ORDER OF BUSINESS: - Introduction of Item ......................................................... Interim Administrator - Report/Presentation…………………… ................... …...Interim Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMENDER: City Council FISCAL IMPACT: To be determined SUMMARY AND ACTION REQUESTED: Interviews were held this week with candidates for City Planner. Staff is currently negotiating an offer with a candidate and will provide additional details prior to the meeting. RECOMMENDATION: “Motion to approve the City Planner hiring as presented.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 CONSENT ITEM # 9 AGENDA ITEM: Approve Forestry Plan for Sunfish Lake Park SUBMITTED BY: Public Works Superintendent Mike Bouthilet & Parks Commission THROUGH: City Clerk, Julie Johnson REVIEWED BY: Parks Commission SUGGESTED ORDER OF BUSINESS: - Introduction of Item ......................................................... Interim Administrator - Report/Presentation…………………… ................... …...Interim Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMENDER: Parks Commission FISCAL IMPACT: TBD SUMMARY AND ACTION REQUESTED: The attached plan was presented to the Parks Commission and approved at their September 2015 meeting. The Council is being asked to approve the plan so it can be provided to the Minnesota Land Trust as part of the ongoing management of the park. RECOMMENDATION: If pulled from consent agenda, motion should be: “Motion to approve the Sunfish Lake Park Forest Management Plan.” 475262v1 SJS LA515-7 MAYOR AND COUNCIL COMMUNICATION DATE: 02/16/2016 REGULAR ITEM #: 10 MOTION AGENDA ITEM: Petition from Local 49 SUBMITTED BY: Sarah Sonsalla, City Attorney THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Sarah Sonsalla/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 (IF APPLICABLE) SUMMARY AND ACTION REQUESTED: Council Member Bloyer requested that the City Council discuss the petition that was received from Operating Engineers, Local 49 (“Local 49”) and the upcoming election and provide City staff with any additional direction that the Council feels is needed. BACKGROUND AND STAFF REPORT: On January 28, 2016, the State of Minnesota, Bureau of Mediation Services (“BMS”) received a petition filed by Local 49 for determination of a bargaining unit and certification of Local 49 as the exclusive representative for certain Public Works Department employees in the City. The BMS also issued a Maintenance of Status Quo Order. The Status Quo Order tells the City that it should not make any changes in the terms and conditions of employment for the affected employees. This would include changes in pay or job classifications. Ballots for the union election will be mailed to employees on February 22, 2016. Ballots will need to be returned by March 3, 2016 and tabulation of the ballots will be conducted on March 4, 2016. 475262v1 SJS LA515-7 In the event that Local 49 obtains a majority of votes cast in its favor, it will be deemed the exclusive representative for this group of employees. If a majority of voters choose no representation or there is a tie vote between representation and no representation, the BMS will declare that Local 49 is not the exclusive representative of the employees and will lift the Status Quo Order. The City may campaign against the election of the union at this time up until the union election. The City’s campaign may consist of both written materials and meetings with the employees. However, the City has to make sure that the information being provided to the employees is not threatening and does not make any promises. Attached is an information memo from the League of Minnesota Cities that explains what the City can and cannot do with respect to a campaign. City staff has scheduled a meeting on February 18, 2016 to meet with the affected employees in order to provide them with information concerning the election. The meeting will be hosted by Julie Johnson, Mike Bouthilet and Cathy Bendel. I will review the materials and the statements that will be made by City staff at the meeting. RECOMMENDATION: If Council concurs with this plan, no further action or direction from the Council is needed at this time. ATTACHMENT(S): Excerpt from the League of Minnesota Cities Human Resource Reference Manual MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 12, 2016 REGULAR ITEM # 11 AGENDA ITEM: Appoint Parks and Planning Commissioners SUBMITTED BY: Julie Johnson, City Clerk THROUGH: Clark Schroeder, Interim City Administrator 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: Staff FISCAL IMPACT: None SUMMARY AND ACTION REQUESTED: Both the Parks and Planning Commissions have vacancies at the second alternate position. Three applications have been received for the Parks Commission vacancy and two for the Planning Commission. Interviews are scheduled for 6:00 p.m. prior to the regular Council Meeting. RECOMMENDATION: The City Council is respectfully requested to make appointments to the Parks and Planning Commissions to fill the Vacancies. ATTACHMENTS: Applications for Parks and Planning Commissions MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: 2/16/2016 REGULAR ITEM #13 AGENDA ITEM: Request by Arbor Glen Senior Living LLC for Rezoning and Conditional Use Permit SUBMITTED BY: Stephen Wensman THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Joan Ziertman SUGGESTED ORDER OF BUSINESS: - Introduction of Item ..................................................................................... Staff - Report/Presentation………………………………………………………..Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates RECOMMENDATION: Staff and the Planning Commission are recommending approval of Arbor Glen Senior Living, LLCs requesting for rezoning and conditional use permit in order to construct an 84-unit Congregate Housing (Senior Living) to be located on 3.72 acres of land at the northeast corner of Lake Elmo Ave N (CR 17) and 39th St North with the following motions. 1. “Move to adopt Ordinance 08-___ rezoning Lot1, Block 1, Brookman 3rd Addition from the GB-General Business to VMX – Village Mixed Use Zoning District”. 2. Move to approve Resolution 2016-__approving of a conditional use permit for Congregate Housing (Arbor Glen Senior Living Facility) with services with 12 conditions. FISCAL IMPACT: City Council Meeting February 16, 2016 [Regular agenda Item #13] -- page 2 -- The construction will result in a $4,000 collection of SAC and WAC charges per unit. Exact determination is dependent on the Metropolitan Council’s determination. The project will also result in the collection of a $47,494.80 street assessment and $22,463.47 sewer assessments with the sale of the property to Arbor Glen Senior Living, LLC. SUMMARY: The Planning Commission held a public hearing on December 14, 2015 which was continued to January 25th to consider Arbor Glen Senior Living, LLCs request for rezoning from GB - General Business to VMX - Village Mixed Use and a conditional use permit for congregate housing in order to construct an 84 unit (plus one guest suite) senior living facility at the corner of County Road 17 and 39th Street N. The proposed facility will have a total of 84 units: 24 memory care, 29 assisted living, and 31 independent living units, plus 1 guest suite. The memory care facility is located on the first floor and is a secure facility. The assisted living is located on the second floor, and the independent living is on both the first and second floors. The State of MN licenses memory care and assisted living facilities. The facility will be run by the Ebineezer Society. The memory care rooms do not have kitchens, and are not considered residential for building code purposes, nor does the Metropolitan Council consider them as residential units. The assisted living and independent living units have kitchens and bathrooms and are considered residential units by MN State building code and the Metropolitan Council. The assisted living residents will utilize a range of living assistance in the facility depending on the needs of the resident. Assisted living residents will not own cars or drive. A facility owned van will provide transportation for residents to access service and shopping needs. The site is located in the GB-General Business zoning district, but is guided in the Comprehensive Plan as Village Mixed Use. The senior living facility fits the definition of Congregate Housing in the City’s Code of Ordinances which is a conditional use in the VMX – Village Mixed Use zoning district. At the Public hearing, there were was only email comments from one resident, Steve Delap which was concerned about the lot size, density and the distance of the facility from the core Village. The Planning Commission’s primary concern was related to the setback from CSAH 17 (Lake Elmo Ave). The Commission requested that a 25’ right-of-way easement be dedicated as part of this development and that the building maintain a 10 foot setback from the right-of-way. The applicant is willing to comply with the right-of-way easement dedication and has submitted revised plans reflecting the change, dated February 5, 2016. Since the Planning Commission meeting on January 24, 2016, the Fire Chief raised the issue of the “unique” response requirement of senior living facilities. Senior living facilities can result in an increase in emergency calls. In some instances, facility managers are unwilling to perform CPR and rely on emergency service providers. The result can be additional city costs and staff burnout. This is a city policy issue that does pertain to this proposed land use and other similar developments in the future. Staff has not addressed this issue with any condition, but it is an issue the City Council should consider with this application or in the near future. City Council Meeting February 16, 2016 [Regular agenda Item #13] -- page 3 -- FINDINGS FOR APPROVAL: In order to approve a conditional use permit, the City Council must ensure all of the following provisions are met. 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Conditions of Approval: The Planning Commission recommended approval with the following ten conditions: City Council Meeting February 16, 2016 [Regular agenda Item #13] -- page 4 -- 1. That the applicant comply with the conditions/comments in the City Engineer’s memo dated December 7, 2015. 2. That applicant comply with the conditions of the Valley Branch Watershed District permit 2015-27, dated December 28, 2015. 3. The developer must submit the drainage report and calculations to Washington County for review of any downstream impacts to the county drainage system. Along with the drainage calculations, provide written conclusions that the volume and rate of stormwater run-off into the county right-of-way will not increase as part of the project. 4. That the applicant revised the landscape plan removing the landscape fabric from under the mulch and substitute the Canadian Hemlocks with hardier conifer species. 5. That the monument sign near the driveway entrance be relocated to be 15’ away from the driveway intersection. 6. That all signs comply with the City’s sign regulations and that no signs shall be installed or constructed without prior approval of a sign permit. 7. That proper State of MN licensing be maintained for the memory care and assisted living facilities. 8. That the 25 foot right-of-way easement be granted for CSAH 17/Lake Elmo Avenue in order for the proposed trail to be in the public right-of-way. 9. That the proposed building maintain a minimum 10 foot setback from the future CSAH 17/Lake Elmo Avenue right-of-way. 10. That additional sound mitigation measures be installed in the building along CSAH 17/Lake Elmo Ave. Staff recommends the City Council consider following additional conditions: 11. That the developer comply with the Lake Elmo Fire Department’s memo dated November 20, 2015. 12. The landscaping once accepted by the City shall have a 2-year warranty and that the applicant submit irrigation plans for city approval prior to installation. RECOMMENDATION: Staff and the Planning Commission are recommending approval of Arbor Glen Senior Living, LLCs requesting for rezoning and conditional use permit in order to construct an 84-unit Congregate Housing (Senior Living) to be located on 3.72 acres of land at the northeast corner of Lake Elmo Ave N (CR 17) and 39th St North. The motion of approval for the rezoning is: “Move to adopt Ordinance 08-___ rezoning Lot1, Block 1, Brookman 3rd Addition from the GB-General Business to VMX – Village Mixed Use Zoning District”. The motion to approve the conditional use permit is: “Move to approve Resolution 2016-__approving of a conditional use permit for Congregate Housing (Arbor Glen Senior Living Facility) with services with 12 conditions”. City Council Meeting February 16, 2016 [Regular agenda Item #13] -- page 5 -- ATTACHMENTS: • Planning Commission packet 1/25/2016 Item 5b • Planning Commission minutes 1/25/2016 • Lake Elmo Fire Department memo dated 11/20/2015 • Arbor Glenn Senior Living LLC resubmittal 2/5/16 • City Engineer’s memo (to be handed out at the meeting) 474111v1 SJS LA515-5 Resolution 2016-____ CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA ORDINANCE NO. 08- __ AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO. The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 154.032 Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance 08-__, as follows: Section 1: Zoning Map Amendment. The following property is hereby rezoned from GB – General Business to VMX – Village Mixed Use: Lot1, Block 1, Brookman 3rd Addition. This resolution was adopted by the City Council of the City of Lake Elmo on this 16 day of February, 2016. _____________________________ Mike Pearson, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk Resolution 2016-____ CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-10 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ARBOR GLEN SENIOR LIVING FACILITY LOCATED ON LOT 1, BLOCK 1, BROOKMAN 3RD ADDITION. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Arbor Glen LLC, has submitted an application for a conditional use permit to operate a congregate housing facility with services on Lot1, Block 1, Brookman 3rd Addition; and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on the matter on December 14, 2015 which was continued to January 25, 2016; and WHEREAS, the Lake Elmo Planning Commission has submitted its recommendation of approval to the City Council; and WHEREAS, the City Council considered the said matter at its February 16, 2016 meeting; and NOW, THEREFORE, based on the testimony elicited and the information received, the City Council makes the following: FINDINGS 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. 3. The use or development is compatible with the existing neighborhood. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). Resolution 2016-____ 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. BE IT RESOLVED THAT the City Council does hereby approve the conditional use permit with the following conditions: 13. That the applicant comply with the conditions/comments in the City Engineer’s memo dated December 7, 2015. 14. That applicant comply with the conditions of the Valley Branch Watershed District permit 2015-27, dated December 28, 2015. 15. The developer must submit the drainage report and calculations to Washington County for review of any downstream impacts to the county drainage system. Along with the drainage calculations, provide written conclusions that the volume and rate of stormwater run-off into the county right-of-way will not increase as part of the project. 16. That the applicant revised the landscape plan removing the landscape fabric from under the mulch and substitute the Canadian Hemlocks with hardier conifer species. 17. That the monument sign near the driveway entrance be relocated to be 15’ away from the driveway intersection. 18. That all signs comply with the City’s sign regulations and that no signs shall be installed or constructed without prior approval of a sign permit. Resolution 2016-____ 19. That proper State of MN licensing be maintained for the memory care and assisted living facilities. 20. That the 25 foot right-of-way easement be granted for CSAH 17/Lake Elmo Avenue in order for the proposed trail to be in the public right-of-way easement. 21. That the proposed building maintain a minimum 10 foot setback from the future CSAH 17/Lake Elmo Avenue right-of-way. 22. That additional sound mitigation measures be installed in the building along CSAH 17/Lake Elmo Ave. 23. That the developer comply with the Lake Elmo Fire Department’s memo dated November 20, 2015. 24. The landscaping once accepted by the City shall have a 2-year warranty and that the applicant submit irrigation plans for city approval prior to installation. This resolution was adopted by the City Council of the City of Lake Elmo on this 16 day of February, 2016. _____________________________ Mike Pearson, Mayor ATTEST: ___________________________ Julie Johnson, City Clerk PAGE 1 of 2 MEMORANDUM Date: December 7, 2015 To: Stephen Wensman, City Re: Arbor Glen Senior Living Cc: Planner Ben Gozola, Senior Planner, Sambatek Final Plat Review From: Jack Griffin, P.E., City Engineer Engineering has reviewed the revised Site Plans for the Arbor Glen Senior Living Building. The submittal consisted of the following documentation prepared by Ayres Associates:  Civil Plans, including Certificate of Survey; Site Plan; Grading, Drainage and Erosion Control Plans; Utility Plan; and Construction Details, dated November 10, 2015.  Stormwater Management Plan dated November 17, 2015.  Architectural Plans, Site Photometric and Landscape Plans were received but are not a part of this review. STATUS/FINDINGS: The engineering review comments have been separated for Final Plat approval and Final Construction Plan approval. Please see the following review comments relating to the Final Plat application and approval. 1. The Stormwater Management Plan must be approved by the VBWD to receive VBWD permitting requirements. The VBWD preliminary review indicates that the plan is compliant with VBWD rules. Any plan changes required by other permitting agencies must be resubmitted for City review and approval. 2. The Stormwater Management Plan was received, dated November 17, 2015 and includes the following:  The plan proposes an on‐site filtration basin together with a StormTech underground infiltration chambers. Due to on‐site soils being marginally suitable for infiltration, drain tile underdrains have been included in the plans.  The project proposes to divert the runoff from the north filtration basin to the Village Preserve stormwater pond and ultimately to the Goetschel Pond subwatershed. Engineering views this as a favorable stormwater diversion proposal.  The VBWD is considering to approve a variance request as the underground parking garage first floor elevation will be 2‐feet above the 100‐year on‐site flood level. The VBWD has required additional engineering submittals to demonstrate alternative protection against flooding. 3. Easements and Agreements: Drainage and utility easements and easement agreements in the City’s standard form must be provided as outlined below and as shown on the November 17, 2015 Civil Site Plans. The following easement agreements must be recorded at Washington County prior to the start of construction.  Easement for connection to the existing 39th Street storm sewer.  Easement for the storm sewer outfall pipe to the City storm water pond at Village Preserve.  Easement for 6‐inch Watermain extension interior to the site. This watermain and hydrant will be publically owned and maintained. 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. 651.300.4285 PAGE 2 of 2  The plans must be updated to provide 3 additional fire hydrants, and associated watermain, as requested by the Lake Elmo Fire Chief. The Site, Grading and Utility Plans must be updated to include additional watermain easements accordingly and the necessary easement agreements must be provided for recording at Washington County.  A storm water easement and maintenance agreement must be provided to the City in the City’s standard form and recorded with Washington County indicating that the applicant will own and operate the private on‐site storm water system including the infiltration basin and parking lot underground storm chamber system. BUSINESS ITEM 5b PLANNING COMMISSION DATE: 01/25/2016 AGENDA ITEM: 5B– PUBLIC HEARING CASE # 2015-19 ITEM: Public Hearing for Arbor Glen Senior Living Facility –Rezoning and Conditional Use Permit. SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Joan Ziertman SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Rezoning and Conditional Use Permit request from Arbor Glen Senior Living LLC for an 84-unit Congregate Housing (Senior Living) to be located on 3.72 acres of land at the northeast corner of Lake Elmo Ave N (CR 17) and 39th St North. The Comprehensive Plan guides the site as Village Center - Mixed Use VMX Zoning District. The proposal fits the City’s definition of Congregate Living which is a conditional use in the VMX District. The proposed facility exceeds the density allowed by the comprehensive plan, therefore, the applicant is proposing a concurrent comprehensive plan text amendment to allow additional density for senior congregate housing facilities with services. The site has urban services available. On December 14, 2015, the Planning Commission opened the public hearing and continued it to the January 25, 2016 meeting date to provide staff adequate time to process a comprehensive plan text amendment concurrent with this land use request. Staff is recommending that Planning Commission recommend approval of the requests with the following motions: 1. Move to recommend rezoning Lot1, Block 1, Brookman 3rd Addition from the GB-General Business to VMX – Village Mixed Use Zoning District. 2. Move to recommend approval of a conditional use permit for Congregate Housing with _ conditions. GENERAL INFORMATION Applicant: Arbor Glen Senior Living, LLC, 215 N. 2nd Street, Suite 204 Property Owner: Frisbie Properties, 215 LLC, 215 N. 2nd Street, Suite 204 Location: Northeast corner of Lake Elmo Ave N (CR 17) and 39th St North, Lot1, Block 1, Brookman 3rd Addition, Washington County, MN PID: 13-029-21-22-0012 Lot Size: 3.72 Acres Existing Land Use Commercial – Vacant. Current Zoning: GB – General Business. Proposed Zoning: VMX – Village Center Mixed Use. 2 BUSINESS ITEM 5b Surrounding Land Use: North – Village Preserve Subdivision; East – Vacant Commercial; West – CR 17/undeveloped Village Urban Low Density; and South – 39th St North and vacant Commercial. Surrounding Zoning: North - LDR – Low Density Residential; East – GB- General Business; West - RT – Rural Development Transitional; and South – GB-General Business Deadline for Action: Application Complete – November 17, 2015 60 Day Deadline – January 16, 2016 Extension Letter Mailed – No 120 Day Deadline – March 17, 2016 Applicable Code: Article VII – Specific Development Standards Article XI – Village Mixed Use District Article VI – Environmental Performance Standards City of Lake Elmo Design Guidelines and Standards Manual REVIEW: Arbor Glen Senior Living LLC is requesting a rezoning of Lot 1, Block 1, Brookman 3rd Addition from GB-General Business to VMX – Village Center Mixed Use, and a conditional use permit to allow Congregate Housing. The applicant is proposing an 84 unit (plus one guest suite) senior living facility at the corner of County Road 17 and 39th Street N. The proposed facility will have a total of 84 units: 24 memory care, 29 assisted living, and 31 independent living units, plus 1 guest suite. The memory care facility is located on the first floor and is a secure facility. The assisted living is located on the second floor, and the independent living is on both the first and second floors. The State of MN licenses memory care and assisted living facilities. The facility will be run by the Ebineezer Society. The memory care rooms do not have kitchens, and are not considered residential for building code purposes, nor does the Metropolitan Council consider them as residential units. The assisted living and independent living units have kitchens and bathrooms and are considered residential units by MN State building code and the Metropolitan Council. The assisted living residents will utilize a range of living assistance in the facility depending on the needs of the resident. Assisted living residents will not own cars or drive. A facility owned van will provide transportation for residents to access service and shopping needs. The site is located in the GB-General Business zoning district, but is guided in the Comprehensive Plan as Village Mixed Use. The senior living facility fits the definition of Congregate Housing in the City’s Code of Ordinances which is a conditional use in the VMX – Village Mixed Use zoning district. After the initial application, it was determined that the proposal exceeds the density allowed in the City’s Comprehensive Plan, therefore, the applicant has submitted application for a comprehensive plan text amendment to allow an increase in density for senior congregate housing with services. Rezoning/Comprehensive Plan Designation: The proposed senior living facility is located in the GB-General Business zoning district and is guided in the Comprehensive Plan as VMX – Village Center Mixed Use. The applicant has made application to rezone the property to VMX – Village Center Mixed Use. The GB-General Business 3 BUSINESS ITEM 5b zoning classification no longer exists in the City Code of Ordinances, and the Village Mixed Use standards are the basis for this review. Density: The proposal is for the senior living facility to be rezoned to VMX – Village Mixed Use zoning district. The underlying density in the VMX district refers directly to the comprehensive plan. The VMX district code specifically states: “no development may exceed the residential density range as specified in the Comprehensive Plan for the Village Mixed Use land category.” That density is 5-10 units per acre. Of the 84 units, 24 are memory care units which do not qualify as “housing units” according to the Metropolitan Council’s definition. The proposed assisted living facility will have a density of: 60 units/3.72 acres - 16 units per acre The proposed senior living facility exceeds the underlying density allowed by the comprehensive plan and cannot be approved under the proposed zoning and comprehensive plan guidance without a comprehensive plan text amendment. Site Character: The site is vacant and relatively flat. A hedgerow of Amur Maples and Spruce line the northern property line. Architecture: The proposed building is an architecturally pleasing mix of lap siding, shingles, brick and stone. The façade is varied with a balconies, windows, dormers and other architectural elements breaking up the massing and creating visual interest. The entrance is articulated with an architectural canopy. The canopy will have a 13’-6’ clearance to allow for van/bus resident pick-up and drop-off. The architecture is compliant with the City’s Design Guidelines and Standards Manual. Dimensional Standards: The allowed impervious surface in the VMX District is 75%. The proposed development will have 54% impervious area, 41% green space, and 5% pond area. Setbacks in the VMX- Village Mixed Use district are: 10’ for the front 10’ for the side 10’ for the corner side yard 10’ for the rear The proposed building will be 17’ from the current property line, complying with the setback requirement, however Washington County has future plans to widen County Road 17, needing an additional 25 ft. of right-of-way. When County Road 17 is widened, the effective setback from the future right-of-way will be 7 ft. The proposed building will be 62.5 ft. from the drive lane. After the right-of-way widening, similarly, the existing school and office/child care buildings along County Road 17 will be approximately 12 ft. and 10 ft., respectively, from the right-of-way. The closer 4 BUSINESS ITEM 5b proximity of the Senior Living building to the future right-of-way may be impactful visually and for noise if the traffic lanes are widened in the future. The Village Mixed Use district allows for 35’ and 3 stories. The proposed building is a two-story structure with a height of 39’ to the roof peak. Building height is measured as the average between the peak and eave elevation which is 31.5’. The building complies with the height requirements. CR 17 Right-of-Way/Washington County Review: Washington County has plans to widen County Road 17. The site plans show the 25 foot future highway right-of-way easement, but none has been dedicated for this purpose with this proposal. Washington County’s reviewed proposal and is requesting a 25’ right-of-way easement be granted in order for the proposed trail to be in the public right-of-way. The County is also requesting a 30’ setback from the 25’ right-of-way easement to allow for noise/visual mitigation in the form of berms and landscaping. Congregate Housing Standards: The congregate housing standards require the facility be compatible with the scale and character of the neighborhood, that there be adequate greenspace provided on site (50 sq. ft./resident), and there is adequate transition between the use and adjacent properties. The facility’s architectural articulation helps break up massing and scales the project into neighborhood. The project serves as a good transition between the residential uses to the north and future residential uses to the west and the existing commercial/office uses nearby. The project provides for 74, 042 square feet of green space (required: 84 residents x 50 sq. ft. = 4200 sq. ft.), much of it designed with gardens and seating/use areas. The existing hedgerow of Spruce and Amur Maples to the north provides a transition between the residential development to the north and the proposed senior living facility. The property to the east and south are guided as mixed use. County Road 17 separates the proposed property from the future residential property to the west. The proposal complies with the congregate housing standards. Deliveries /Dumpster: A loading area is located on the east side of the building which will be used primarily for truck deliveries and trash pickup. Resident loading and unloading will use the underground parking, or the front entryway. The proposed loading area is recessed within the building façade and not directly visible from 39th Street N. Trails and Pedestrian Access: An 8’ trail is proposed within the future 25’ highway right-of-way easement connecting 39th Street N to the Village Preserve development to the north. There is an existing trail along 39th Street N. Alongside the parking entrance, the site plan shows a walkway connecting the public sidewalk to the parking lot. Walkways also connect the entrance and axillary doors to handicap parking stalls on the west side of the surface parking lot and to landscaped gathering/resident use areas in the rear of the building. An easement is needed over the proposed 8’ public trail for public access and maintenance. Access and Parking: The proposed vehicular access is off of 39th Street N. There are 49 surface and 46 underground parking stalls proposed. The underground parking is primarily for independent living residents, 5 BUSINESS ITEM 5b although guests, staff and residents can access the underground parking area for loading, picking up residents, and parking as needed. There are 4 handicapped accessible on the surface lot and 2 underground. According to the applicant, the memory care and assisted living residents will not have cars. There will be van or bus service to take assisted living residents out for groceries and activities. The parking will be for the approximately 50 staff members, independent living residents and guests. According to the applicant, there will be roughly 15 employees on site at any one time consisting of an RN, Nurses Aids, housekeeping and kitchen staff. The City’s parking requirements for congregate housing requires: 1 parking space per employee, plus 1 visitor space for every 4 residents based on capacity. The city’s parking requirements for senior housing is: 1 parking space per resident. Therefore, the parking requirement is: Staff parking: 15 spaces Visitor parking: (84 residents/4) 21 spaces Senior housing parking: (31 independent living residents with cars) 31 spaces Total required parking: 67 parking spaces The 95 proposed parking spaces exceeds the parking requirements of the city code. Lighting: The lighting plan indicate several parking lot lights and building wall lights. The lighting plan comply with the requirements of the code. Tree Preservation: A tree preservation plan was submitted on 12/22/15. There are 10 Spruce that qualify as “significant trees” and 22 clump Amur Maple on the site survey. Tree preservation ordinance allows for 30% removal of significant trees, or 3 trees. The demolition plan indicates that 6 - 14” Spruce and 6 clump Amur Maples will be removed. According to the tree preservation code, a tree mitigation plan is required. The required tree mitigation is calculated as follows: 3 trees x14” = 42 caliper inches 42” x ½ (for conifer replacement) = 21 caliper inches Because conifers are sold by height, the determination for replacement credit is as follow: Or (Height of Replacement Conifer)/2 = diameter inches of credit # Replacement Trees = 21/(6/2) = 7 - 6’ B&B Conifers The tree preservation plan identifies (7) 6-8 foot conifers as replacement trees. The applicant has proposed adequate landscaping to satisfy the tree preservation requirements and the landscape requirements. The applicant has proposed tree protection fencing to protect the existing trees on site from construction disturbance. Landscaping/Screening: The landscape ordinance requirements are as follows: 6 BUSINESS ITEM 5b 1 tree per 50 lineal feet of street frontage, plus 5 trees for every 1 acre of development. The required trees must be 25% deciduous, and 25% coniferous. Landscape requirements for the site are as follows: 840 lin. Ft. of frontage/50 = 16.8, or 17 trees + 3.72 acres x 5 = 19 trees = 36 trees The landscape plan proposes 71 trees: 16 deciduous trees, 21 coniferous trees, and 34 ornamental trees. Of the 21 coniferous trees, 7 are needed to satisfy tree preservation requirements. The proposed trees and shrubs meet the requirements for size and variety including requirements for interior parking lot landscaping. The landscape ordinance requires screening between differing land uses. The existing trees on site are located along the north perimeter which will provide a natural screen between the proposed facility and the residential land to the north. The landscape plan shows additional landscaping within that zone. The landscape ordinance also requires screening of parking from the public right-of-way with 50% opacity with a 3.5’-4’ height. The landscape plan shows screening between the parking lot and rights-of-way with a mix of deciduous and coniferous shrubs, grasses and perennials. Ten of the proposed landscape trees are within the future 25 foot CSAH 17/Lake Elmo Road right- of-way that may be displaced if Washington County were to perform grading or widen the driving lanes in the future. In addition, there is minimal landscaping between the proposed building and CSAH 17. In general, the proposed landscape will be aesthetically pleasing with rich in diversity of plant materials which exceeds the minimum landscape requirements. Staff has identified a few plant selections that it will recommend changing and will recommend eliminating the weed control fabric under the mulch in planting beds. Signs: The site plans indicate 2 wall signs and 2 monument signs, one on each street frontage. The 2 proposed monument signs are 5’ tall, 9’ wide, with a 10.31 sq. ft. sign area. In the VMX district with two street frontages, 2 monument signs are allowed with a maximum sign area of 72 sq. ft on Lake Elmo Ave and 32 sq. ft. on 39th Street and a maximum height of 10 feet. The signs comply with the sign area and height requirements. One of the proposed monuments signs is within 15’ of the driveway intersection, in conflict with the sign code. The plan elevations identify two proposed wall signs. The sign code allows a wall sign for each street frontage with each having a 100 ft. maximum sq. ft. The proposed wall signs are 41 sq. ft. and 24 sq. ft. respectively. The proposed walls signs appear to comply with the sign code. All proposed signs will need to comply with the sign ordinance and will require an approved sign permit prior to installation. 7 BUSINESS ITEM 5b Valley Branch Watershed District Review: The Valley Branch Watershed District review is complete and the permit is attached to this report. PUBLIC COMMENTS: Staff has received email comments from Steve Delapp which can be summarized as being concerned with:  The amount of impervious coverage, the proposed density and the distance to the village center for walkability. CONDITIONAL USE PERMIT: In order to approve a conditional use permit, the city is required to find the proposal compliant with the following (staff comments in bold): 1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The use is not detrimental and will not endanger public in any way. 2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The proposal is consistent with the comprehensive plan in that the senior housing has been identified as a community need. The use is mixed use (memory care, assisted living and independent living) as was anticipated for the VMX District. The applicant has applied for a Comprehensive Plan Text Amendment to allow increased density for this use and this Conditional Use Permit is contingent on that approval. 3. The use or development is compatible with the existing neighborhood. The use fits with the mixed use village plans. The architecture uses a variety of exterior residential materials to break up the massing of the façade. The proposal is a good transitional use between single family residential and office, daycare, and school uses in the area. 4. The proposed use meets all specific development standards for such use listed in Article 7 of this Chapter. The proposal complies with development standards. 5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets all the specific standards for such use listed in Chapter 150, §150.250 through 150.257 (Shoreland Regulations) and Chapter 152 (Flood Plain Management). N/A 6. The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The use fits with the mixed use village plans. The architecture uses a variety of exterior residential materials to break up the massing of the façade. The proposal is a good transitional use between single family residential and office, daycare, and school uses in the area. 7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is less impactful than multi-family residential with less traffic, noise or other nuisances. 8. The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Each of these essential facilities and services have been addressed in the review. 8 BUSINESS ITEM 5b 9. The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposal will pay sewer and water service charges, benefiting the community. 10. The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. N/A 11. Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The City and County have reviewed the proposal and have no concerns regarding vehicular access or traffic. 12. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. N/A CONDITIONS OF APPROVAL: Staff recommends the Planning Commission recommend approval of the Conditional Use Permit for Congregate Housing with the following conditions: 1. That the applicant comply with the conditions/comments in the City Engineer’s memo dated December 7, 2015. 2. That applicant comply with the conditions of the Valley Branch Watershed District permit 2015-27, dated December 28, 2015. 3. The developer must submit the drainage report and calculations to Washington County for review of any downstream impacts to the county drainage system. Along with the drainage calculations, provide written conclusions that the volume and rate of stormwater run-off into the county right-of-way will not increase as part of the project. 4. That the applicant revised the landscape plan removing the landscape fabric from under the mulch and substitute the Canadian Hemlocks with hardier conifer species. 5. That the monument sign near the driveway entrance be relocated to be 15’ away from the driveway intersection. 6. That all signs comply with the City’s sign regulations and that no signs shall be installed or constructed without prior approval of a sign permit. 7. That a public trail easement be granted over the proposed trail along CSAH 17/Lake Elmo Avenue. 8. That proper State of MN licensing be maintained for the memory care and assisted living facilities. Staff recommends the Planning Commission consider the following additional conditions to address the concerns raised by Washington County: 9. That the 25 foot right-of-way easement be granted for CSAH 17/Lake Elmo Avenue in order for the proposed trail to be in the public right-of-way. 10. That the proposed building maintain a minimum 30 foot setback from the future CSAH 17/Lake Elmo Avenue right-of-way. 11. That the landscape plan be revised with berming and additional landscaping between CSAH 17/Lake Elmo Ave and the proposed senior living building to mitigate for potential highway noise and visual impacts. 9 BUSINESS ITEM 5b RECOMENDATION: Staff is recommending that the Planning Commission recommend approval of the requests with the following motions: 1. Move to recommend the City Council rezone Lot1, Block 1, Brookman 3rd Addition from the GB-General Business to VMX – Village Mixed Use Zoning District. 2. Move to recommend the City Council approve a conditional use permit for Congregate Housing with x conditions. ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff - Questions from the Commission ............................ Chair & Commission Members - Continue the Public Hearing ............................................................................ Chair Close the Public Hearning ................................................................................ Chair - Discussion by the Commission .............................. Chair & Commission Members ATTACHMENTS: 1. Application Forms 2. Site and Building Plans, November 17, 2015 submittal date 3. City Engineer Review Memo dated December 7, 2015 4. Washington County Review Memo dated December 30, 2015. 5. Ben Gozola review email, December 4, 2015 6. Tree Preservation Plan 7. Valley Branch Watershed District Permit 2015-27, dated December 28, 2015 Lake Elmo Planning Commission Minutes; 1-25-16 City of Lake Elmo Planning Commission Meeting Minutes of January 25, 2016 Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Dodson, Kreimer, Dunn, and Griffin. COMMISSIONERS ABSENT: Haggard, Fields, Larson and Williams STAFF PRESENT: City Planner Stephen Wensman & Interim Administrator Schroeder Election of Officers: M/S/P: Kreimer/Dodson move to delay the election of the chair to the next meeting, Vote: 4-0, motion carried unanimously. Approve Agenda: The agenda was accepted as presented. Approve Minutes: None Comprehensive Plan Amendment – Arbor Glen. Wensman started his presentation regarding Arbor Glen. This proposal is for a senior living, congregate housing on 3.72 acres at the corner of 39th street and Lake Elmo Ave. This lot is Lot 1 Block 1 or the Brookman 3rd addition. The Comprehensive plan guides this site as VMX and congregate housing is a CUP in the VMX zoning. Proposed facility is 84 units with 1 guest suite (24 memory care, 29 assisted living and 31 independent living). Proposed density is 16 units per acre, excluding the memory care which is institutional. Current Comprehensive Plan allows 6-10 units per acre. The proposed density here is 16 units per acre, but staff is proposing 20 units per acre for flexibility. This is different from multi-family housing because of the lower impact on the community as they provide on-site services. This is applicable to areas zoned LDR, MDR and VMX. This will require Met council approval and review and this requires a 4/5 vote of the City Council. The code allows 75% impervious, this proposal is 54%. Required setbacks are 10 feet, 32 feet is proposed. This will drop down to 7 feet after CSAH 17 is widened. Maximum height is 35 feet. This is a 2 story structure with 31.5 feet proposed. This proposal exceeds the requirement for green space and for parking required. The trail proposed is 2 Lake Elmo Planning Commission Minutes; 1-25-16 on private property. Staff is recommending getting the 25 foot ROW dedicated as a condition of approval. That will address the countys request as well as the trail. For tree preservation, they will need to replace 7 six foot conifers. There are 2 monument signs proposed and some wall signage. One of the monument signs does not meet the sign code. There will need to be a separate sign plan submitted. The public hearing was held on 12/14/15 and was continued to tonights meeting. Staff has 3 recommendations with suggested motions 1) to approve the Comprehensive plan amendment to allow density for senior congregate housing to 20 units per acre 2) rezone Lot 1 Block 1, Brookman 3rd addition from GB to VMX 3) approve a condition use for congregate living with conditions in report. Dodson asked about the setbacks and if it met the request of the County. To meet the County’s recommendation, the building would need to move to the east approximately 23 feet if the ROW is dedicated. To meet the City code after ROW dedication, it would need to move 3 feet. Wensman stated that we could do an easement for the trail and they would meet the requirement. Dunn likes the plan, but is concerned about the ROW. She is supportive of the County suggestion. She is wondering if increasing this will set a precedent and how that would affect the Village. Wensman stated it would not set a precendent because it is only for senior congregate living with services. Memory care is not considered residential because they do not leave the site unless family members take them out. Matt Frisbee, Ayers, stated that they looked at other sites, but thought this was the best site for them. Dodson thought with the high traffic on lake Elmo Ave, this would have been a better spot for commercial. Frisbee stated that the visibility is important to them and the retail was more desirable closer to Hwy 5. Frisbee stated that they have made changes to accommodate the 10 foot setback. Griffin asked about the ponding and if it would impact the parking. Wensman stated the City Engineer looked at it as well as VBWD. Public Hearing re-opened at 7:31 pm. Written comment was received from Steve Delapp. He is concerned about the amount of impervious coverage, density and the distance to the village center for walkability. No one spoke Public Hearing closed at 7:32 pm. 3 Lake Elmo Planning Commission Minutes; 1-25-16 Kreimer is uncomfortable with the 20 units per acre. He would like to see 15 vs 20. Dunn also was uncomfortable with 20 units as well. Dodson stated that if we went to 15 vs. 16 that would change their proposal. He would like to go with the 16 units to meet the needs of this proposal. Wensman stated that there are 3-4 other places in the City where senior congregate housing could go in and wants to be flexible so that we don’t have to address this again. M/S/P: Dodson/Griffin move to recommend approval of a comprehensive plan text amendment to increase the maximum allowed density for senior congregate housing with services to 16 units per acre and to change the text to read “The facility must have at least 50% of the units to include meals, housekeeping, and personal care assistance and minor medical services”, Vote: 4-0, motion carried, unanimously. Griffin asked about noise from Lake Elmo Ave. Frisbee stated that there is landscaping and that there is sound buffers within the building. The residents like watching the traffic and activity on roads. Conditional Use Permit and Zoning Map Amendment – Arbor Glen. Kreimer and Dunn are concerned about the setbacks. They are concerned that when the County widens the road, it will be close. Public Hearing opened at 7:50 pm. No one spoke and there was no written or electronic correspondence. Public Hearing Closed at 7:53 pm. M/S/P: Kreimer/Griffin, move to recommend the City Council rezone Lot 1, Block 1, Brookman 3rd addition from the GB-General Business to VMX – Village Mixed Use Zoning District, Vote: 4-0, motion carried Unanimously. M/S/P: Dodson/Griffin, move to recommend the City Council approve a conditional use permit for Congregate Housing with the conditions listed in the staff report, striking conditions 7, 10 and 11 and adding an additional condition that the building maintain a 10 foot setback from the future dedicated right-of-way and a condition that the building will be constructed with additional noise mitigation on the West side, Vote: 4-0, motion carried Unanimously. Council Updates – January 19, 2016 Meeting 1. Hidden Meadows Plat Extension - 2 years – Passed. 2. ZTA & Zoning Map Amend – Essential Services – Passed. 3. Sign Variance for IRET Properties – Passed. 4 Lake Elmo Planning Commission Minutes; 1-25-16 Staff Updates 1. Upcoming Meetings a. February 8, 2016 b. February 22, 2016 Commission Concerns Dunn asked about the densities in the Village area. She would also like to see something in the Developer agreements or somewhere that the City is not responsible for the airport noise. Kreimer asked about stormwater pond in Inwood. They are digging it up now. Schroeder stated that they may be adding capacity with the future addition. Meeting adjourned at 8:30 pm Respectfully submitted, Joan Ziertman Planning Program Assistant MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: 2/16/2016 CONSENT/REGULAR ITEM 13 AGENDA ITEM: Comprehensive Plan Text Amendment for Congregate Housing SUBMITTED BY: Stephen Wensman THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Joan Ziertman SUGGESTED ORDER OF BUSINESS: - Introduction of Item ..................................................................................... Staff - Report/Presentation……………………………………………..Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates RECOMENDATION: Arbor Glen Senior Living is requesting a Comprehensive Plan Text Amendment to increase the maximum allowed density for Senior Congregate Housing Facilities with Services from 10 units per acre to 16 units per acre. Staff and the Planning Commission recommend approval with the following motion: Move to approve Resolution 2016-10 approval of a Comprehensive Plan Text Amendment to increase the maximum allowed density for Senior Congregate Housing Facilities with Services from 10 units per acre to 16 units per acre”. FISCAL IMPACT: None City Council Meeting -- page 2 -- SUMMARY: The Planning Commission held a public hearing on January 25th to consider the Comprehensive Plan text amendment. At the Public hearing, there were no public comments. The Planning Commission was being asked to increase the maximum allowed density from 10 units per acre to 20 units per acre, however, after discussion, the Planning Commission decided to limit the increase to 16 units per acre. FINDINGS: The City Council in its approval should identify findings of fact in its approval of the Comprehensive Plan text amendment. Staff has identified the following findings of fact: 1. Senior congregate housing is recognized as being different from standard multi- family residential development given that residents in such facilities no longer have to be at work, pick up children, or do their shopping at specific times of the day; many residents no longer drive. 2. Such facilities provide on-site services to meet resident’s needs which further reduced the overall impacts typically associated with high-density residential development. 3. The City of Lake Elmo’s comprehensive plan has expressed support for the establishment of senior housing facilities within the community, and has identified such units as an essential element of our life-cycle housing stock. 4. The City has reexamined its comprehensive plan and found that existing language does not adequately acknowledge the unique nature of senior housing when comparison to other multi-family dwelling types. RECOMMENDATION: Staff and the Planning Commission are recommending approval of the Comprehensive Plan Text Amendment to increase the maximum allowed density for Senior Congregate Housing Facilities with Services from 10 units per acre to 16 units per acre with the motion: Move to approve Resolution 2016-10 approval of a Comprehensive Plan Text Amendment to increase the maximum allowed density for Senior Congregate Housing Facilities with Services from 10 units per acre to 16 units per acre”. ATTACHMENTS: • Planning Commission packet 1/25/2016 Items 5a & 5b • Planning Commission minutes 1/25/2016 MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 REGULAR ITEM # 14 AGENDA ITEM: Approve City Administrator Contract SUBMITTED BY: City Clerk, Julie Johnson THROUGH: City Clerk, Julie Johnson REVIEWED BY: City Clerk, Julie Johnson SUGGESTED ORDER OF BUSINESS: - Introduction of Item ......................................................... Interim Administrator - Report/Presentation…………………… ................... …...Interim Administrator - Questions from Council to Staff ............................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMENDER: City Council FISCAL IMPACT: To be determined SUMMARY AND ACTION REQUESTED: Second interviews were held this week with three finalists for the City Administrator position. It is anticipated that a contract will be finalized for consideration by the time of the meeting. RECOMMENDATION: “Motion to approve the City Administrator Contract as presented.” MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: February 16, 2016 REGULAR ITEM # 15 AGENDA ITEM: 2016 Street, Drainage and Utility Improvements – Approve Plans and Specifications and Order Advertisement for Bids SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Cathy Bendel, Finance Director Jack Griffin, City Engineer Mike Bouthilet, Public Works SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................. City Engineer - Report/Presentation .................................................................................. City Engineer - Questions from Council to Staff ......................................................... Mayor Facilitates - Public Input, if Appropriate .............................................................. Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: None. The total estimated project cost for the 2016 Street, Drainage and Utility Improvements is $1,354,500. These improvements were identified in the City’s 5-Year Capital Improvement Program and are scheduled for construction in 2016. The improvements will be partially assessed through special assessments and through the issuance of general obligation bonds with bond payments being made from the general tax levy. Approval of this resolution does not commit the council to the project costs. Once contractor bids are received, the actual construction costs will be known and the council will be asked to consider entering into a contract to complete the work. City Council Meeting [Regular Agenda Item 15] February 16, 2016 -- page 2 -- SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the plans and specifications and ordering the advertisement for bids for the 2016 Street, Drainage and Utility Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2016-07approving the plans and specifications and ordering the advertisement for bids for the 2016 Street, Drainage and Utility Improvements.” LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The street improvements proposed in 2016 were identified in the City’s 5-Year Capital Improvement Program. Trunk watermain is being extended along Kelvin Avenue North per the City’s 2030 Comprehensive Water System Plan. The City is also responding to petitions for municipal water in the Kelvin Avenue area. On November 4, 2015 the council authorized the preparation of plans and specifications for the 2016 Street, Drainage and Utility Improvements. In accordance with the project schedule, the plans and specifications have been completed and are ready to be advertised for contractor bids. The total estimated project cost is $1,354,500. The improvements include: •Reconstruction of Kirkwood Avenue North from 50th Street to the north cul-de-sac. The improvement includes a new bituminous surface along an existing gravel roadway. In 2011 the property owners petitioned the City to be scheduled within the Street CIP for a new pavedroadway. •Reconstruction of Kelvin Avenue North from Old TH 5 (CSAH 14) to the north cul-de-sac. Theimprovements include conversion of a portion of a private drive serving 8 residential properties toa public street. The converted street would become an extension of Kelvin Avenue North. Easement acquisition is required to accommodate improvements as recommended. •Resurfacing the streets through a street reclaim within the Stonegate 1st Addition, including 9th Street North, Jasmine Avenue Place North, and Jasmine Avenue North from 10th Street to JulepAvenue North. •Extension of 6-inch, 8-inch and 12-inch diameter lateral and trunk watermain along Kelvin Avenue North with service stubs to existing properties. The improvements would be partially assessed against the benefitting properties consistent with the City’s Special Assessment Policy. Residential street improvements will be assessed 30% of the total project costs while watermain improvements will be assessed 100% to the benefitting properties. Kirkwood Avenue North property owners will be assessed 100% of the bituminous paving costs and 30% of the remaining base and shouldering improvements, since the bituminous surface is a new improvement. The City’s general tax levy will be used to cover the bond payments for the remaining street improvements. The Water Enterprise Fund is used to cover the watermain oversize or trunk costs. A lateral benefit assessment will be levied against properties along the proposed trunk watermain on Kelvin Avenue. Assessments for streets are levied over 10 years, while assessments for watermain improvements are levied over 15 years. City Council Meeting [Regular Agenda Item 15] February 16, 2016 -- page 3 -- RECOMMENDATION: Staff is recommending that the City Council approve the plans and specifications and order the advertisement for bids for the 2016 Street, Drainage and Utility Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2016-09, approving the plans and specifications and ordering the advertisement for bids for the 2016 Street, Drainage and Utility Improvements.” ATTACHMENT(S): 1.Resolution 2016-09 Approving Plans and Specifications and Ordering Advertisement for Bids 2.Location Map. 3.Project Schedule. 4.2016 Street, Drainage and Watermain Improvements Plans and Specification (available for review at City Hall). Resolution No. 2016-09 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2016-09 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a resolution passed by the City Council on the 4th day of November 2015, the City Engineer, together with SEH has prepared plans and specifications for the 2016 Street, Drainage and Utility Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, IT IS HEREBY RESOLVED, 1.Such plans and specifications, a copy of which is on file at Lake Elmo City Hall, andmade a part hereof, are hereby approved. 2.The City Clerk shall prepare and cause to be inserted in the official paper and posted online with Quest Construction Data Network (QuestCDN.com) an advertisement for bids upon the making of such improvements under such approved plans andspecifications. The advertisement shall be published for at least 21 days, shall specify thework to be done, and shall state that sealed bids provided to the City Clerk prior to the specified bid date and time and accompanied by a bid bond or cashier’s check made payable to the City of Lake Elmo in an amount not less than 5% of the amount of such bid will be considered. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY OF FEBRUARY 2016. CITY OF LAKE ELMO By: __________________________ Mike Pearson Mayor (Seal) ATTEST: ________________________________ Julie Johnson City Clerk PROJECT SCHEDULE CITY OF LAKE ELMO 2016 STREET, DRAINAGE AND UTILITY IMPROVEMENTS PROJECT NO. 2015.129 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 FEBRUARY 2016 August 4, 2015 Council authorizes Feasibility Report. October 6, 2015 Presentation of Feasibility Report. Council accepts Report and calls Hearing. November 4, 2015 Public Improvement Hearing. Council orders preparation of Plans and Specifications. February 16, 2016 Council approves Plans and Specifications and orders Advertisement for Bids. March 17, 2016 Receive Contractor Bids. April 5, 2016 Council accepts Bids and awards Contract. May 2, 2016 Conduct Pre-Construction Meeting and issue Notice to Proceed. August 12, 2016 Substantial Completion. September 30, 2016 Final Completion. MAYOR AND COUNCIL COMMUNICATION DATE: 2/16/16 REGULAR ITEM #: 16 MOTION AGENDA ITEM: Planning Commission to Review Land Use SUBMITTED BY: Mike Pearson 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 Council can set policy of land use after the moratorium is lifted SUMMARY AND ACTION REQUESTED: Staff requests the City Council to provide guidance to the Planning Commission as to the land use issues needing to be studied for the moratorium to be lifted. BACKGROUND AND STAFF REPORT: On July 7th 2015, an interim ordinance declaring a moratorium for a period of 12 months on residential development within the stage one development area and all development activity within the stage two or three development areas as described by the Lake Elmo Comprehensive plan was adopted. The city council needs to produce a statement of finding by July 7th stating what was addressed and/or changed during the moratorium period, or state findings and institute another 6 month period with stated goals for the additional extension. For clarification purposes, this moratorium does NOT apply to Stage one development as follows a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) projects that have paid advance water service committee fees. c) any project that would benefit the community by the installation of essential services like sewer, water, storm sewer, or other public safety mechanisms. Nor does the moratorium apply to state 2 and 3 development as follows. a) projects that have been granted concept, preliminary, or final plan and/or plat approval; or b) projects that have paid advance water service committee fees. c) commercial development in cases where the City Council determines that the project provides sufficient incremental tax value to the community and the developer would bear the whole cost of infrastructure development. The Moratorium also does not apply to Planned Unit Development applications that meet the requirements of reduced density per the Met Council’s Thrive 2040 numbers, open space preservation, public infrastructure efficiency, and other considerations deemed to be in the community’s best interests. In short, the moratorium applies to sewered residential development along the I94 corridor. Given that the moratorium was instituted to study and make possible changes to the Comp Plan for residential development, the City Council should direct the Planning Commission to address the issue with Council direction. RECOMMENDATION: Staff requests the City Council to provide guidance to the Planning Commission as to the land use issues needing to be studied for the moratorium to be lifted. “Move to have the Planning Commission study possible comp plan amendments for the Stage 1,2 and 3 sewered areas following council direction before the moratorium is lifted.” ATTACHMENT(S): Ordinance 08-123 Interim Moratorium Staging Map City of Lake Elmo7-19-2012Data Scource:Washington County, MNI-94 Corridor Development Staging Plan - Lake Elmo, MNK§¨¦94456717456717456710456713§¨¦94145671932456715Stage 1Stage 3Stage 200.510.25MilesMap 3-4 MAYOR AND COUNCIL COMMUNICATION DATE: 2/16/16 REGULAR ITEM #: 17 MOTION AGENDA ITEM: Building Official reporting supervisor 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: Council will set policy of who the building official reports to. SUMMARY AND ACTION REQUESTED: The Administrator is requesting direction as to organizational structure and chain of command for the building official. BACKGROUND AND STAFF REPORT: During the development of the 2016 budget book a discrepancy was noticed in reporting structure. Past Organizational Charts, have had the Building Official report to the Community Development Director. Our city ordinance clearly states that the Building Official reports to the City Administrator. There can be arguments made for both reporting structures. The Administrator is looking for council direction regarding this matter. RECOMMENDATION: Two motions are set before the Council. Motion one: “Move to change the Organizational Chart to align with the city code and have the building official report to the City Administrator.” Motion Two: “Move to change the ordinance to have the Building Official report to the Planning Director.” 474635v1 SJS LA515-1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. ________ AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE CITY’S PROVISIONS RELATED TO THE BUILDING DEPARTMENT SECTION 1. The City Council of the City of Lake Elmo hereby amends Title III: Administration; Chapter 32: City Organizations; Section 32.001 by adding the double-underlined material and deleting the stricken material as follows: § 32.001 BUILDING DEPARTMENT There is continued in the city a Building Department which shall be under the jurisdiction of the Building Official designated by the Council; the Building Official shall report to the City Administrator Planning Director. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance No. ____ was adopted on this 16th day of February, 2016, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance ________ was published on the _____ day of _________________, 2016. MAYOR AND COUNCIL COMMUNICATION DATE: 2/16/16 REGULAR ITEM #: 18 MOTION AGENDA ITEM: Mayor’s Handbook 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 Council can make policy changes to the city ordinance regarding council meetings. SUMMARY AND ACTION REQUESTED: Staff is requesting any final suggestions to the city ordinance sections 31.01 -31.07 BACKGROUND AND STAFF REPORT: The Administrator has taken the “mayor’s handbook” from the League of Minnesota Cities, along with suggestions from council at 2 city council workshops and edited the city ordinances sections 31.01 – 31.07 to update and reflect changes needed. Attached you will find the edited code which needs to be vetted and approved by council. Council should either direct staff to accept all edits, or suggest further edits to the code. The city attorney would need to approve any edits to ensure compliance with State Law, before final acceptance. RECOMMENDATION: “Move to accept changes to city ordinance sections 31.01-31.07 as edited by the Administrator and direct the City Attorney to review and make final edits”. ATTACHMENT(S): Mayor’s Handbook pages 50-60; Lakeelmo03- city ordinance for council CHAPTER 31: CITY OFFICIALS Section City Council 31.01 Meetings 31.02 Presiding officer 31.03 Minutes 31.04 Order of business at regular meetings 31.05 Voting 31.06 Ordinances, resolutions, motions, petitions, and communications 31.07 Suspension or amendment of rules 31.08 Salaries of Mayor and Council Members 31.09 Payment of salaries 31.10 Council to act as Board of Adjustment and Appeals 31.11 Terms of office City Administrator 31.25 Appointment 31.26 Contract 31.27 Primary objective of position 31.28 Major areas of accountability and responsibility 31.29 Personnel 31.30 Budget 31.31 Meetings 31.32 Purchasing 31.33 Usual and unusual working conditions 31.34 Examples of performance criteria CITY COUNCIL ' 31.01 MEETINGS. (A) AUTHORITY. City councils are authorized to adopt rules of procedure and provide for order at their meetings pursuant to Minn. Stat. § 412.191. (1) Parliamentary procedure. Except as specifically provided under statute or these parts, the most current revision of Roberts Rules of Order Revised governs any question of parliamentary procedure that arises at a city meetings. (B) PURPOSE. The purpose of this policy on city council meetings is to set the groundwork for orderly and respectful communications between and among councilmembers, city staff, and citizens to promote the efficient working of the public’s business at city council meetings. (CA) Regular meetings. Except as provided herein, regular meetings shall be held at City Hall Formatted: Font: Calibri, 12 pt Formatted: Indent: Left: 0", First line: 0.3",Right: 0", Space Before: 0 pt, Line spacing: Exactly 14.4 pt, Numbered + Level: 1 +Numbering Style: A, B, C, … + Start at: 1 +Alignment: Left + Aligned at: 0.99" + Indentat: 1.24" Formatted: Font: Calibri, 12 pt, Font color:Black, Not Expanded by / Condensed by Formatted: Font: Calibri, 12 pt Formatted: Indent: First line: 0.3" Formatted: Font: Bold, Not Italic beginning at 7:00 p.m. on the first and third Tuesdays of each month. The City Council may cancel 7 2008 S-2 Formatted: Indent: First line: 0.3" 8 Lake Elmo - Administration regular Council meetings by adopting the appropriate motion at any duly called Council meeting. The City Council may change the date, time, and/or place of a regular meeting by adopting the appropriate motion at any duly called Council meeting and by posting a written notice of the date, time, and place of the rescheduled meeting on the city bulletin board and at the main entrance to the City Hall at least 3 days before the date of the rescheduled regular meeting. (1) Quorum. A simple majority (3) of the council shall constitute a quorum for the valid transaction of any scheduled business to come before the council. (2) Location. All meetings, including special, recessed, closed and continued meetings, shall be held in the city council chambers, unless otherwise designated, pursuant to Minn. Stat. § 13D.04, subd. 2. (3) A schedule of regular meetings shall be kept on file with the city clerk. (4) Recessed or continued meetings. When a meeting is recessed or continued, the presiding officer shall state the time and place for the next meeting to occur pursuant to Minn. Stat. § 13D.04, subd 4. The time and place shall be noted in the minutes. If the time and place is stated and noted in the minutes, no additional notice of the meeting is required. However, if the time and place is not stated, the notice procedures for special meeting shall be required. (D) The open meeting law. The Minnesota Open Meeting Law, Minn. Stat. ch. 13D, generally requires that all meetings of public bodies be open to the public. 1. This presumption of openness serves three basic purposes: (a). To prohibit actions from being taken at a secret meeting, where it is impossible for the interested public to become fully informed concerning decisions of public bodies, or to detect improper influences. (b). To ensure the public’s right to be informed. (c). To afford the public an opportunity to present its views to the public body. 2. The city council views providing and encouraging citizen access to city meetings as one of its most important duties. As a result, all council and council committee meetings, including special and adjourned meetings, with the exception of closed meetings, as provided by Minn. Stat. ch. 13D, shall be open to the public. 3. In calculating the number of days for providing notice under the Minnesota Open Meeting Law, the first day that the notice is given is not counted, but the last day is counted. If the last day is a Saturday, Sunday, or legal holiday, that day is omitted from the calculation and the following day is considered the last day (unless, it happens to be a Saturday, Sunday, or legal holiday). 4. In keeping with the intent of the Minnesota Open Meeting Law, city councilmembers shall not use any form of electronic communications technology, such as text messaging or e-mail, to communicate with one another or third parties during a public meeting in a manner that is hidden or shielded from the public view. 5. Pursuant to Minn. Stat. § 13D.01, subd. 6, at least one copy of the written materials made available to council at or before the meeting shall also be made available for inspection by the Formatted: Tab stops: 3.46", Centered + Notat 0" + 0.3" + 0.6" + 0.9" + 1.2" + 1.5" + 1.8" + 2.1" + 2.4" + 2.7" + 3" + 3.3" Formatted: Indent: Left: 0.25", First line: 0.3", Line spacing: Exactly 14.4 pt, Numbered+ Level: 1 + Numbering Style: 1, 2, 3, … +Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Calibri, 12 pt, Not Italic Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri Formatted: Font: Calibri, 12 pt, Not Bold, NotItalic Formatted: Font: Calibri, 12 pt, Not Italic Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt, Not Bold, NotItalic Formatted: Font: Calibri, 12 pt, Not Italic Formatted: Font: Calibri, 12 pt Formatted: Indent: Left: 0.5" Formatted: Font: Calibri Formatted: Justified, Indent: First line: 0.3",Line spacing: Exactly 14.4 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Not Bold, Not Italic Formatted: Font: Calibri, 12 pt, Not Bold, NotItalic Formatted: Font: Calibri, 12 pt Formatted: Justified, Indent: Left: 0.3", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt public, excluding any non-public data, attorney-client privileged data, or materials related to agenda items of closed meetings. (EB) Special meetings. Special meetings may be called by the Mayor or by any 2 Council Members filing a written notice with the City Administrator. At least 3 days prior to the date of the special meeting, the City Administrator shall mail notice to all members of the City Council, shall mail notice to each person who has filed a written request for notice of special meetings, and shall post the notice on the city bulletin board and at the main entrance to City Hall. The notice shall indicate the date, time, place, and purpose of the special meeting. If matters not directly related to the purpose of the special meeting are discussed or acted upon at the special meeting, the minutes of the special meeting shall include a specific description of the matters. Days shall be counted as provided in III-C. Notice to the public of special meetings must be given pursuant to Minn. Stat. § 13D.04, subd. 2. (1) Closed meetings. The Minnesota Open Meeting Law allows some meetings to be closed to the public for defined purposes. When a meeting is closed, the presiding officer at the council meeting will state the reason for closing the meeting on the record and cite the state statute that permits closure. (FC) Emergency meetings. An emergency meeting is a special meeting called by the Mayor or any 2 Council Members because of circumstances that in the judgment of the Mayor or any 2 Council Members require immediate consideration by the City Council. The person or persons who call the emergency meeting shall make a good faith effort to contact all Council Members and, as soon as reasonably practicable after notice has been given to Council Members, all members of the news media who have filed a written request for notice of emergency meetings if the request includes the news media's telephone number. The notice shall include the date, time, place, and purpose of the emergency meeting. If matters not directly related to the emergency meeting are discussed at an emergency meeting, the minutes of the emergency meeting shall include a specific description of the matters. (GD) Business conducted at special or emergency meetings. No business shall be transacted at special or emergency meetings unless the business shall have been specified, in the notice, without the consent of all of the members of the Council present. Any member present at any special or emergency meeting who fails to object and have their objections entered in the minutes of the special or emergency meeting will be conclusively presumed to have consented to the transaction of all business transacted at the special or emergency meeting and no objection may thereafter be raised by a Council Member that the notice of the special or emergency meeting was defective. (HE) Initial meeting. At the first regular Council meeting in January of each year, the Council shall: 1. Appoint an acting mayor pursuant to Minn. Stat. § 412.121. 2. Select an official newspaper pursuant to Minn. Stat. § 412.831. 3. Select an official depository for city funds. This must be done within 30 days of the start of the city’s fiscal year pursuant to Minn. Stat. §§ 427.01-.02; 118A.02, subd 1; 427.09. 4. Review council’s bylaws and make any needed changes. 5. Assign committee duties to members. All assignments of councilmembers to serve on city boards, commissions, and committees shall be by a majority vote of councilmembers present at the meeting, unless otherwise provided by law. Formatted: Font: Bold Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0.3", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Font: Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Indent: Left: 0.3" Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0.3", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Not Expanded by / Condensed by Formatted: Font: 12 pt 6. Approve official bonds that have been filed with the clerk. (1) Designate the depositories of city funds; (2) Designate the official newspaper; (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; City Officials 9 (4) Appoint the officers, employees, and members of boards, commissions, and committees as may be necessary; and/or (5) Establish and appoint Council Members to Council committees as are deemed appropriate for the efficient and orderly management of the city. (IF) Public meetings. All Council meetings, including special and adjourned meetings and meetings of Council committees, shall be conducted in accordance with the Minnesota Open Meeting Law. (1997 Code, ' 200.01) (JG) Ground rules. Each Council Member shall abide by the following ground rules for interaction with each other and with members of the public at Council meetings. All councilmembers shall assist the presiding officer in preserving order and decorum and in providing for the efficient operation of the meeting. City council meetings shall be conducted in a courteous manner that recognizes the validity of differing points of view and promotes the ideal of democratic discussion and debate free of insult, slander, and personal attacks and threats. (1) Respect others. Council Members should: (a) Respect each other and the process; (b) Assume each Council Member is being honest and genuine in the expression of his or her views; (c) Not shame or blame others; (d) Not talk about people who are not present; and (e) Respect residents of the city and city staff. (2) Listen. Council Members should: (a) Not interrupt while others are speaking; (b) Ask clarifying not interrogating questions; (c) Use "I" statements not "You" statements; (d) Discuss and debate ideas in a civil manner; (e) Be respectful of the ideas of others even if they don't agree with your ideas; and (f) Keep side conversations to a minimum. (3) Accountability. Council Members should: Formatted: Font: Bold Formatted: Justified, Indent: First line: 0.3",Line spacing: Exactly 14.4 pt Formatted: Font: (Default) Times New Roman Formatted: Font: 12 pt Formatted: Indent: Left: 0.9", Hanging: 0.3" (a) Participate to the best of their ability; 2008 S-2 10 Lake Elmo - Administration (b) Be responsible for making sure all voices are heard; (c) Be accountable for what they do and say; (d) Hold each other accountable in a civil way; (e) Be responsible for their part of a problem or issue; (f) Be accountable for the use of information by not misusing information or by providing incorrect information; and (hg) Be responsible for reviewing agenda items and support information. (4) To effectuate these aspirational goals, city council members shall conduct themselves at council meetings in a manner consistent with the following: (a). No councilmember shall engage in private conversation or pass private messages while in the chamber in a manner so as to interrupt the proceedings of the council. (b). No councilmember shall leave his or her seat or make any noise of disturbance while a vote is being taken and until the result of the vote is announced. (c). No councilmember shall use profane or obscene words or unparlimentary language or use language that threatens harm or violence toward another person during a council meeting. (d). No councilmember shall speak on any subject other than the subject in debate. (e). No councilmember shall speak without being recognized by the chair; nor shall any councilmember interrupt the speech of another councilmember. (f). No councilmember shall disobey the City Council Rules of Order and Procedure as adopted or a decision of the presiding officer on questions of order or practice or upon the interpretation of the rules of council. (g). No councilmember shall engage in disorderly conduct that disturbs or disrupts the orderly conduct of any meeting. (h) No councilmember shall engage in conduct which delays or interrupts the proceedings or which hinders honest, respectful discussion and debate. (54) Take risks. Council Members should: (a) Take risks, be authentic and speak truthfully; and (b) Not be hostile or harassing toward others for taking risks. (65) Be open. Council Members should: (a) Be open to other's stories and realities; Formatted: Indent: Left: 0.9", Hanging: 0.3" Formatted: Font: Bold Formatted: Justified, Indent: Left: 0.1", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: 12 pt Formatted: Indent: Left: 0.5" Formatted: Font: 12 pt Formatted: Indent: Left: 1.4", First line: 0" (b) Be open to partially-formed ideas; (c) Learn from mistakes; (d) Be open to a change of heart and mind; and (e) Not operate from fear. (76) Personal reaction. Council Members should not take things personally, and focus on the ideas being expressed, not the person expressing the ideas. (Ord. 97-201, passed 11-20-2007) ' 31.02 PRESIDING OFFICER. Presiding Officer. The mayor shall preside at all meetings of the city council. A. Role of the presiding officer. The presiding officer shall preserve order, enforce the City Council Rules of Order and Procedure as adopted, and determine, without debate, all questions of procedure and order, subject to the final decision of the council on appeal as provided in 31.02(f). The presiding officer shall determine which member has the right to speak and may move matters to a vote once the officer has determined that all members have spoken. The presiding officer may determine whether a motion or proposed amendment is in order and may call members to order. Except as otherwise provided by statute or by the provisions of this subchapter, the proceedings of the Council shall be conducted in accordance with the latest edition of Roberts Rules of Order. B. Adjourning meetings. If considered necessary, because of grave disorder, the presiding officer may adjourn or continue the meeting to another time or suspend the meeting for a specified time. C. Designation of a sergeant-at-arms. The presiding officer may request that local law enforcement designate a member to serve as a sergeant-at-arms at city council meetings. The sergeant-at-arms shall carry out all orders or instructions given by the presiding officer for the purpose of maintaining order and decorum at meetings. D. Motions and voting. The presiding officer may make motions, second motions, speak on any questions, and vote on any matter properly before the council. E. Absences of the presiding officer. In the absence of the mayor, the acting mayor shall preside. In the absence of both the mayor and the acting mayor, the city clerk/administrator shall call the meeting to order. The first order of business shall be to select a presiding officer for the meeting from the members present. The city clerk/administrator shall preside until the councilmembers present choose a member to act as presiding officer. F. Appeals of rulings of the presiding officer. Any member of the council may appeal to the full council a ruling on order or procedure made by the presiding officer. 1. Procedure for appeals. An appeal is made by motion. No second is need for the motion. The member making the motion may speak once solely on the question involved, and the presiding officer may speak once solely to explain his or her ruling, but no other councilmember may participate in the discussion. 2. Once both the maker of the motion and the presiding officer have spoken, the matter must be voted upon by the council as a whole. 3. The appeal shall be sustained if it is approved by a majority of the members present, exclusive of the presiding officer. Formatted: Justified, Indent: First line: 0.3",Line spacing: Exactly 14.4 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0.8", Linespacing: Exactly 14.4 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt G. Temporary designation of a presiding officer. The presiding officer may choose to designate a temporary presiding officer before participating in debate on a given matter. In the alternative, the council may by majority vote designate a temporary presiding officer to preside over the debate on a given matter. The presiding officer shall resume presiding as soon as action on the matter is concluded. (A) Who presides. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the Council Members present at the meeting choose 1 of their members to act temporarily as presiding officer. 2008 S-2 Formatted: Justified, Indent: First line: 0.3",Line spacing: Exactly 14.4 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Indent: First line: 0.3" City Officials 11 (B) Procedure. The presiding officer shall preserve order, enforce the rules of procedure adopted by the City Council, and determine without debate, subject to the formal decision of the Council on appeal, all questions of procedure and order. Except as otherwise provided by statute or by the provisions of this subchapter, the proceedings of the Council shall be conducted in accordance with the latest edition of Robert=s Rules of Order. (C) Appeal procedure. Any Council Member may appeal to the Council a ruling of the presiding officer. If the appeal is seconded, the member may speak once, solely on the question involved, and the presiding officer may explain the ruling, but no other Council Member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present, including the presiding officer. If there is a tie vote on the appeal, the original ruling of the presiding officer shall stand. (1997 Code, ' 200.01) (Am. Ord. 97-201, passed 11-20-2007) ' 31.03 MINUTES. . Minutes constitute a vital record of the city and are the best means of preserving city council intent, findings of fact, and action. Pursuant to Minn. Stat. § 412.151, the city clerk must keep a minute book. (A) The minutes shall contain at minimum: 1. The city councilmembers who are present. 2. Type of meeting (regular, special, continued, emergency). 3. Date and place the meeting was held. 4. Time the meeting was called to order. 5. Approval of minutes of the previous meeting, with any corrections. 6. The members who make or second motions. 7. Roll call vote on motions. 8. Subject matter of proposed resolutions or ordinances. 9. Whether the resolutions or ordinances are defeated or adopted. 10. The votes of each member, including the mayor. 11. A statement of findings of facts and an explanation of council action, including specific reasons for approval and disapproval, on all land use and licensing matters. 12. Listing of all bills allowed or approved for payment, noting the recipient, purpose, and amount. Formatted: Indent: First line: 0.3" Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Numbered + Level: 1 +Numbering Style: A, B, C, … + Start at: 1 +Alignment: Left + Aligned at: 0.44" + Indentat: 0.69" Formatted: Font: 12 pt, Bold Formatted: Font: Times New Roman Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Justified, Indent: Left: 0.7", Linespacing: Exactly 14.4 pt Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Line spacing: Exactly 14.4 pt 13. Approval of hourly rates paid for services provided, mileage rates, meal- reimbursement amounts, and per diem amounts. 14. List of all transfers of funds. 15. Authorizations and directions to invest excess funds, and information on investment redemptions and maturities. 16. Approval of minutes of the previous meeting, with any corrections. 17. Identity of parties to whom contracts were awarded. 18. Abstentions from voting due to a conflict, and the member’s name and reason for abstention. 19. Appointments of representatives to committees or outside organizations. 20. Name and brief summary of subject matter of citizens appearing before council during public comment period. (B) The minutes of each meeting shall be typed and signed by the clerk/administrator. Copies of the minutes shall be included in the agenda for the next council meeting. (C) At the next regular meeting, approval of the previous meeting’s minutes shall be considered by council. 1. The meeting minutes do not need to be read aloud. 2. The presiding officer shall call for any corrections. 3 .If there is no objection to a correction; it will be made without a vote of the council. 3. If there is an objection, the council shall vote upon the addition or correction by roll call vote. 4. Council shall take formal action by vote to approve the minutes as distributed or as amended. 5. Minutes shall be published as required by Minn. Stat. §§ 412.191, 331A.08, subd. 3, 331A.01, subd 10. (A) Recording. Minutes of each Council meeting shall be kept by the Clerk or, at the direction of the Clerk, by the Deputy Clerk. In the absence of both, the presiding officer shall appoint a temporary recording secretary. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. (B) Approval. The minutes of each meeting shall be reduced to typewritten form, shall be signed by the Clerk, and copies shall be delivered to each Council Member as soon as practicable after the meeting. At the next regular Council meeting following the delivery, approval of the minutes shall be considered by the Council. The minutes need not be read aloud, but the presiding officer shall call for any additions or Formatted: Justified, Indent: Left: 0.7", Linespacing: Exactly 14.4 pt Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Justified, Indent: Left: 0.7", Linespacing: Exactly 14.4 pt Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0.7", Linespacing: Exactly 14.4 pt, No bullets ornumbering Formatted: Justified, Line spacing: Exactly14.4 pt, Numbered + Level: 1 + NumberingStyle: 1, 2, 3, … + Start at: 2 + Alignment: Left+ Aligned at: 2.3" + Indent at: 2.55" Formatted: Justified, Indent: Left: 2.3", Linespacing: Exactly 14.4 pt, No bullets ornumbering Formatted: Font: 12 pt Formatted: Justified, Line spacing: Exactly14.4 pt, Numbered + Level: 1 + NumberingStyle: 1, 2, 3, … + Start at: 2 + Alignment: Left+ Aligned at: 2.3" + Indent at: 2.55" Formatted: Justified, Indent: Left: 0", Firstline: 0.3", Right: 0", Space Before: 0 pt, Linespacing: Exactly 14.4 pt, Numbered + Level: 1+ Numbering Style: 1, 2, 3, … + Start at: 2 +Alignment: Left + Aligned at: 2.3" + Indent at: 2.55" corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the Council. If there is an objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. (1997 Code, ' 200.01) ' 31.04 ORDER OF BUSINESS AT REGULAR MEETINGS. (A) (A) Order established. Each meeting of the City Council shall convene at the time and place appointed for the meeting. Council business shall be conducted in the order determined by the City Council at its first annual meeting or as thereafter amended by the majority vote of the City Council. (1) Order of business. Standard order of business shall be the following. A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes D. Presentations E. Consent Agenda F. Regular Agenda G. Public Comments H. Council Reports I. Staff Reports J. Adjourn (B) Petitions and agenda. Petitions and other papers addressed to the Council shall be assembled by the Clerk and read by the presiding officer upon presentation to the Council. All persons desiring to present new business before the Council shall inform the Clerk at least 3 working days before the new business is to be heard. The Clerk may prepare an agenda of the new business for submission to the Council on or before the time of the next regular meeting. (B) AGENDA An agenda will be prepared for all regular council meetings by the city clerk/administrator. Agenda items may be placed by city councilmembers and city staff. Members of the public wishing to place items on the agenda shall be directed to the public comment forum provided at the council meeting. When a special meeting is called, the agenda must be included in the request for the meeting and in the publication of the notice of the meeting pursuant to Minn. Stat. § 13D.04, subd. 2. 1 All requests to place an item on the agenda must be received by the city clerk/administrator by 10 a.m. 5 days prior to the next council meeting. 2 All requests to place an item on the agenda must be on the form prescribed by the city. The form should be completed with the goal of clearly describing the subject matter to be considered by council and any action requested or required. Supporting information may be attached to the form as necessary. 3 All requests to place an item on the agenda by city staff must be reviewed by the city administrator/clerk. 4 The agenda, along with information materials, will be mailed or delivered to all city councilmembers and the city attorney at least 3 days prior to the next council meeting. 2008 S-2 Formatted: Numbered + Level: 1 +Numbering Style: A, B, C, … + Start at: 1 +Alignment: Left + Aligned at: 0.3" + Indent at: 0.9" Formatted: Font: Not Italic Formatted: Indent: Left: 0.4", First line: 0.3", Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left +Aligned at: 1.06" + Indent at: 1.31" Formatted: Indent: Left: 1.4", First line: 0" Formatted: Font: (Default) Times New Roman,12 pt, Bold Formatted: Justified, Indent: First line: 0.3",Line spacing: Exactly 14.4 pt Formatted: Font: (Default) Times New Roman,12 pt Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Space Before: 0 pt, Line spacing: Exactly 14.4 pt, No bullets or numbering 12 Lake Elmo - Administration (C) Public inquiries. The public, at the first meeting of every month, may bring a subject of concern to the attention of the City Council. (C ) Consent Agenda. A consent agenda may be used to improve the efficiency of meetings. The consent agenda allows council to consider several items at one time. Only one motion is necessary to approve all items on the consent agenda. (1) Items that require findings of fact or an explanation of council actions, such as land use matters and the consideration of license requests, should generally not be placed on the consent agenda. (2) An item on the consent agenda may be removed from consideration by the request of any one councilmember. Items removed from the consent agenda will be placed on the regular agenda for discussion and consideration. (D) Presentation, discussion and agenda item decisions. The following is the order of business for presenting and discussing items on City Council agendas: (1) Introduction of item; (2) Report by staff or other presenter; (3) Questions from City Council Members to the presenter in a round robin manner. The Mayor will facilitate the round robin process by asking each individual Council Member for 1 question and allowing for a response to the individual question. Then the Mayor will ask the next Council Member, in sequence, until all Council Members have asked and received responses to a question. No Council Member shall take more than 3 minutes to ask a question or comment on an item which is being presented before another Council Member has a turn to question and comment on the same item; (4) Receive questions/comments from the applicant/requesting party to the City Council, and allow each Council Member to respond in the round robin process; (5) Allow questions from City Council Members to the applicant/requesting party, if applicable, using the round robin process; (6) Public Comments:Allow questions/comments from the public to City Council Members. Each member of the public shall state his or her comments in 3 minutes; (7) At the conclusion of the round robin process, the Mayor calls for a motion. This is to get a motion on the table for discussion. This action is not an indication that the motion on the table is the motion that will be approved in its current form. It is purely for discussion purposes; (8) Discussion among Council Members using the round robin process; (9) Action by the City Council on the motion. (1997 Code, ' 200.01) (Am. Ord. 97-201, passed 11-20-2007) (E) MEETING SCHEDULE. 1. Each meeting of the council shall convene at the time and place appointed. All public hearings shall commence at the advertised time. Formatted: Justified, Indent: Left: 0", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Font: Bold Formatted: Font: 12 pt, Not Bold, Not Italic Formatted: Indent: Left: 0.4", First line: 0.3" Formatted: Indent: Left: 0.81", First line: 0" Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Line spacing: Exactly 14.4 pt 2. Council business shall be conducted in the order of the prepared agenda, unless an alteration is approved by a majority of the council. The prepared agenda may also be altered by the presiding officer to accommodate the advertised time of a public hearing. 3. The last item on the agenda will be commenced no later than _12 p.m. 4. If all business has not been completed, the meeting may be continued to another date and time following the notice provisions adopted. (F) Public participation and comment at council meetings. City council meetings are the forum for the city council to conduct the city’s business. While city council meetings are open to the public pursuant to the Minnesota Open Meeting Law, they are not a forum for public expression. As such, members of the public are not allowed to participate in council discussion and debate without a specific invitation and/or formal recognition by the presiding officer. Members of the public shall not applaud, engage in conversation, or engage in other behavior through words or action that may disrupt the proceedings of council. (G) Members of the public shall follow the direction of the presiding officer. Members of the public who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After warning, if the conduct continues, the presiding officer may ask the member of the public to leave the meeting room. If the member of the public refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant-at-arms to remove the person through any lawful means. In emergency situations, or where conduct is an egregious threat to the safety of the public or the council, a warning is not necessary before the sergeant-at-arms is directed to remove the person (H) Public comment period. A limited forum for members of the public to speak with the council is provided on the agenda. Public comments during the public comment period are subject to these limitations: 1. Speakers must be recognized by the presiding officer before speaking and are limited to three minutes for comment. 2. When multiple speakers appear to speak on the same topic, comments should not be repetitive. The presiding officer may request speakers to appoint a spokesperson. 3. The presiding officer may place a time limit on the public comment period if necessary to allow for the conduct of city business. If there is not sufficient time at the meeting to hear all public comments, the comment period may be deferred to the next regular council meeting or at a continued meeting. 4. Speakers must sign up prior to speaking and provide a name, address, and brief summary of the subject matter they wish to address. The sign- up sheet will be available at the start of the city council meeting. 5. Speakers must direct their remarks toward the presiding officer. 6. Speakers shall not use obscene, profane or threatening language, nor conduct themselves in a threatening, loud, or boisterous manner that disrupts the conduct of the meeting or the security of the public. 7. Speakers are required to follow the direction of the presiding officer. Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0", Firstline: 0.3", Right: 0", Line spacing: Exactly14.4 pt, Numbered + Level: 1 + NumberingStyle: A, B, C, … + Start at: 6 + Alignment: Left+ Aligned at: 1" + Indent at: 1.25" Formatted: Font: Not Bold, Not Italic,Condensed by 0.05 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: Times New Roman Formatted: Font: Times New Roman, NotExpanded by / Condensed by Formatted: Font: (Default) Times New Roman Formatted: Indent: Left: 1.24", First line: 0.3" Formatted: Indent: Left: 0", First line: 0.3",Numbered + Level: 1 + Numbering Style: A, B,C, … + Start at: 7 + Alignment: Left + Alignedat: 0.65" + Indent at: 0.9" Formatted: Indent: First line: 0.3" Formatted: Indent: Left: 0.4", First line: 0.3" 8. Speakers who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After warning, if the conduct continues the presiding officer may ask the speaker to leave. If the speaker refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant-at-arms to remove the speaker through any lawful means. In emergency situations, or when conduct is an egregious threat to the safety of the public or the council, a warning is not necessary before the sergeant-at-arms is directed to remove the speaker. 9. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public. Generally the matter will be referred to staff for further research and possible report or action at a future council meeting. (I) PUBLIC HEARINGS. Public hearings are sometimes required by law to allow the public to offer input on city council decisions. When public hearings are required by law, notice shall be provided as required by state statute. Public hearings shall be commenced at the time advertised in any notice required by law. (1) General procedure for public hearings. The order of business for all public hearings conducted by council shall be: (a).Opening comments by presiding officer announcing the purpose of the public hearing. (b).Presiding officer opens the public hearing portion of the meeting. (c). Staff presentation (including clerk/administrator, attorney, engineering reports if any). (d). Developer/other presentation (if any). (e) Public comments (3 minutes). (f) Reading or summaries of written comments.. (g) Presiding officer formally closes the public hearing portion of the meeting. (2) Speakers who wish to address the city council at a public hearing must follow the same rules in 31.04(H)(1-9). However, the presiding officer may allow additional time for speakers, as required, to comply with applicable state law. (3) Speakers may also provide written comments to the city council before or at the meeting. Written comments shall be read aloud in summary, by the presiding officer or his or her designee as provided in 31.04(I)(1)(e) (4) . Anonymous, unsigned communications will not be read. (5) The presiding officer may continue the hearing, if necessary, following the procedures in 31.01(C)(4) Formatted: Font: (Default) Times New Roman,12 pt Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Space Before: 0 pt, Line spacing: Exactly 14.4 pt, Outline numbered + Level: 3 +Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 1.98" + Indentat: 2.23" Formatted: Font: 12 pt Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman,12 pt Formatted: Font: 12 pt, Not Italic Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Justified, Line spacing: Exactly14.4 pt, Numbered + Level: 1 + NumberingStyle: a, b, c, … + Start at: 5 + Alignment: Left+ Aligned at: 2.24" + Indent at: 2.49" Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Space Before: 0 pt, Line spacing: Exactly 14.4 pt Formatted: Justified, Line spacing: Exactly14.4 pt, Numbered + Level: 1 + NumberingStyle: a, b, c, … + Start at: 5 + Alignment: Left+ Aligned at: 2.24" + Indent at: 2.49" Formatted: Justified, Indent: Left: 0.4", Firstline: 0.3", Space Before: 0 pt, Line spacing: Exactly 14.4 pt Formatted: Justified, Line spacing: Exactly14.4 pt, Numbered + Level: 1 + NumberingStyle: a, b, c, … + Start at: 5 + Alignment: Left+ Aligned at: 2.24" + Indent at: 2.49" Formatted: Justified, Indent: First line: 0.3",Space Before: 0 pt, Line spacing: Exactly 14.4pt Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Indent: First line: 0.3" ' 31.05 VOTING. A. The votes of the city council will be taken by voice vote. The presiding officer shall announce the results of all votes of the council. B. A clear statement of the matter being voted upon and the names of those voting for and against the matter shall be recorded in the official minutes. C. Councilmembers may ask for a roll call of the vote by the clerk/administrator on any motion or resolution. D. The clerk/administrator may ask for a verification roll call if the vote of a councilmember is not clear on the voice vote. E. A majority vote of the quorum present shall be sufficient for all matters before the council, unless otherwise provided by state law. F. Whenever a matter is put forward for a vote, every councilmember shall vote, unless a bona fide conflict of interest, as defined by state law, exists. (A) The votes of the members on any question may be taken in any manner that signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. 2008 S-2 Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Justified, Indent: First line: 0.3",Line spacing: Exactly 14.4 pt Formatted: Font: 12 pt Formatted: Justified, Indent: Left: 0.1", Firstline: 0.3", Line spacing: Exactly 14.4 pt Formatted: Indent: Left: 0.1", First line: 0.3" City Officials 13 (GB) If any member is present but does not vote, the minutes, as to his or her name, shall be marked "Present-Not Voting." (1997 Code, ' 200.01) ' 31.06 ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, PROCLAMATIONS, AND COMMUNICATIONS. (A) Signing and publication proof. Every ordinance and resolution passed by the Council shall be in writing and signed by the Mayor, attested by the Clerk, and filed by the Clerk in the ordinance or resolution book. Unless otherwise provided by law, all ordinances shall be adopted by resolution by a majority vote of councilmembers present at the council meeting. Unless otherwise provided by law, ordinances do not require multiple readings, and may be adopted as presented at the first available meeting Proof of publication of every ordinance shall be attached and filed with the ordinance. (B) Repeals and amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part shall set forth in full each amended section or subdivision as it will read with the amendment. (1997 Code, ' 200.01) (C) MAYORAL AND CITY PROCLAMATIONS. Except as otherwise provided by law, all mayoral and city proclamations recognizing events, persons, and official observances shall be adopted by a majority of councilmembers present at the meeting where such proclamation is presented for adoption. (D) SEATING ASSIGNMENTS. Councilmembers shall occupy the chairs assigned to them by the presiding officer, but two councilmembers may exchange seats by joining in a formal request to the presiding officer. (E) ' 31.07 SUSPENSION OR AMENDMENT OF RULES. (A) The rules of procedure applicable to City Council meetings may be suspended or amended by 2/3 vote of the Council Members present and voting, provided that such action is not in violation of state statutes. These rules shall not be repealed or amended except by a majority vote of the whole council after notice has been given at a preceding council meeting. (1997 Code, ' 200.01) (Am. Ord. 97-201, passed 11-20-2007) ' 31.08 SALARIES OF MAYOR AND COUNCIL MEMBERS. The Mayor and Council Members shall be paid salaries as determined from time to time by the City Council by City Council ordinance. An ordinance establishing Council salaries shall be adopted before a regular city election and shall not be effective until January 1 following such election. (1997 Code, ' 200.01) Formatted: Font: (Default) Times New Roman Formatted: Indent: Left: 0", First line: 0.3",Right: 0", Line spacing: Exactly 14.4 pt Formatted: Numbered + Level: 1 +Numbering Style: A, B, C, … + Start at: 3 +Alignment: Left + Aligned at: 0.5" + Indent at: 1.1" Formatted: Indent: Left: 0", First line: 0.3",Right: 0", Line spacing: Exactly 14.4 pt,Numbered + Level: 1 + Numbering Style: A, B,C, … + Start at: 1 + Alignment: Left + Alignedat: 0.99" + Indent at: 1.24" ' 31.09 PAYMENT OF SALARIES. The salaries provided by '' 31.01 et seq. shall be paid semi-annually, or more frequently, as directed by the Council. (1997 Code, ' 200.01) 2008 S-2 14 Lake Elmo - Administration ' 31.10 COUNCIL TO ACT AS BOARD OF ADJUSTMENT AND APPEALS. (A) Establishment of Board of Adjustment and Appeals. The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this section: (1) The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning code; and (2) The appeal shall be filed within 5 business days from the date that the decision, order, requirement, or determination is made and shall state: (a) The particular decision, order, requirement, or determination from which the appeal is taken; (b) The name and address of the appellant; (c) The grounds for the appeal; and (d) The relief requested by the appellant. (B) Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken, certifies that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. (C) Authority of the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit. (D) Hearing procedures. (1) The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board. (2) The Zoning Administrator shall notify the appellant or applicant, the Chairperson of the Planning Commission, the Building Official, the abutting property owners, and in the case of an appeal the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least 10 days preceding the date of the hearing. 2008 S-2 City Officials 15 (E) Record of findings. (1) The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any order shall be filed with the Zoning Administrator who shall immediately mail a copy of the order, bearing the notation of the filing date, to the appellant or applicant. (2) A certified copy of any order issued by the Board of Adjustment and Appeals acting upon any appeal from a decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Titles for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator. (F) Decision; appeals. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the Board reviewed for an appropriate remedy in district court as provided by law. (Ord. 97-94, passed 11-7-2001) ' 31.11 TERMS OF OFFICE. (A) Council Members. Two Council Members shall be elected for 4-year terms at each biannual election. (B) Mayor. The Mayor shall be elected for a 4-year term commencing with the regular municipal elections to be held in 2008. The first 4-year mayoral term shall commence on January 1, 2009. (Ord. 97-194, passed 6-19-2007) MINNESOTA MAYORS HANDBOOK 50 Appendix A Minnesota Mayors Association City Council Bylaws I.AUTHORITY.City councils are authorized to adopt rules of procedure and provide for order at their meetings pursuant to Minn. Stat. § 412.191. II.PURPOSE.The purpose of this policy on city council meetings is to set the groundwork for orderly and respectful communications between and among councilmembers, city staff, and citizens to promote the efficient working of the public’s business at city council meetings. III.THE OPEN MEETING LAW.The Minnesota Open Meeting Law, Minn. Stat. ch. 13D, generally requires that all meetings of public bodies be open to the public. A. This presumption of openness serves three basic purposes: 1. To prohibit actions from being taken at a secret meeting, where it is impossible for the interested public to become fully informed concerning decisions of public bodies, or to detect improper influences. 2. To ensure the public’s right to be informed. 3. To afford the public an opportunity to present its views to the public body. B. The city council views providing and encouraging citizen access to city meetings as one of its most important duties. As a result, all council and council committee meetings, including special and adjourned meetings, with the exception of closed meetings, as provided by Minn. Stat. ch. 13D, shall be open to the public. C. In calculating the number of days for providing notice under the Minnesota Open Meeting Law, the first day that the notice is given is not counted, but the last day is counted. If the last day is a Saturday, Sunday, or legal holiday, that day is omitted from the calculation and the following day is considered the last day (unless, it happens to be a Saturday, Sunday, or legal holiday). D. In keeping with the intent of the Minnesota Open Meeting Law, city councilmembers shall not use any form of electronic communications technology, such as text messaging or e-mail, to communicate with one another or third parties during a public meeting in a manner that is hidden or shielded from the public view. E. Pursuant to Minn. Stat. § 13D.01, subd. 6, at least one copy of the written materials made available to council at or before the meeting shall also be made available for inspection by the public, excluding any non-public data, attorney-client privileged data, or materials related to agenda items of closed meetings. MINNESOTA MAYORS HANDBOOK 51 IV.QUORUM.A simple majority (______) of the council shall constitute a quorum for the valid transaction of any scheduled business to come before the council. V.COUNCIL MEETINGS. A.Location.All meetings, including special, recessed, and continued meetings, shall be held in the city council chambers, unless otherwise designated, pursuant to Minn. Stat. § 13D.04, subd. 2. B.Regular meetings.A schedule of regular meetings shall be kept on file with the city clerk. C.Special meetings.A special meeting is a meeting that is held at a time or location different from that of a regular meeting. A special meeting may be called by the mayor or any two city councilmembers by filing a request for the meeting at least three days before the meeting. Days shall be counted as provided in III-C. Notice to the public of special meetings must be given pursuant to Minn. Stat. § 13D.04, subd. 2. D.Emergency meetings.An emergency meeting may be called by the mayor or any two city councilmembers. An emergency meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. Posted or published notice of an emergency meeting is not required. However, the city will make a good faith effort to notify each news outlet that has filed a written request for notice. Notice must be given by telephone or any other method to notify members of the public body. The notice must include the subject of the meeting. E.Closed meetings.The Minnesota Open Meeting Law allows some meetings to be closed to the public for defined purposes. When a meeting is closed, the presiding officer at the council meeting will state the reason for closing the meeting on the record and cite the state statute that permits closure. F.Recessed or continued meetings. When a meeting is recessed or continued, the presiding officer shall state the time and place for the next meeting to occur pursuant to Minn. Stat. § 13D.04, subd 4. The time and place shall be noted in the minutes. If the time and place is stated and noted in the minutes, no additional notice of the meeting is required. However, if the time and place is not stated, the notice procedures for special meeting shall be required. G.Organizational meetings.The council will conduct its organizational meeting concurrent with the first regular council meeting in January of each year to: 1. Appoint an acting mayor pursuant to Minn. Stat. § 412.121. 2. Select an official newspaper pursuant to Minn. Stat. § 412.831. 3. Select an official depository for city funds. This must be done within 30 days of the start of the city’s fiscal year pursuant to Minn. Stat. §§ 427.01-.02; 118A.02, subd 1; 427.09. 4. Review council’s bylaws and make any needed changes. 5. Assign committee duties to members. 6. Approve official bonds that have been filed with the clerk. MINNESOTA MAYORS HANDBOOK 52 VI. PRESIDING OFFICER.The mayor shall preside at all meetings of the city council. A.Role of the presiding officer. The presiding officer shall preserve order, enforce the City Council Rules of Order and Procedure as adopted in VII, and determine, without debate, all questions of procedure and order, subject to the final decision of the council on appeal as provided in VI-D. The presiding officer shall determine which member has the right to speak and may move matters to a vote once the officer has determined that all members have spoken. The presiding officer may determine whether a motion or proposed amendment is in order and may call members to order. B.Adjourning meetings. If considered necessary, because of grave disorder, the presiding officer may adjourn or continue the meeting to another time or suspend the meeting for a specified time. C.Designation of a sergeant-at-arms. The presiding officer may request that local law enforcement designate a member to serve as a sergeant-at-arms at city council meetings. The sergeant-at-arms shall carry out all orders or instructions given by the presiding officer for the purpose of maintaining order and decorum at meetings. D.Motions and voting. The presiding officer may make motions, second motions, speak on any questions, and vote on any matter properly before the council. E.Absences of the presiding officer. In the absence of the mayor, the acting mayor shall preside. In the absence of both the mayor and the acting mayor, the city clerk/administrator shall call the meeting to order. The first order of business shall be to select a presiding officer for the meeting from the members present. The city clerk/administrator shall preside until the councilmembers present choose a member to act as presiding officer. F.Appeals of rulings of the presiding officer. Any member of the council may appeal to the full council a ruling on order or procedure made by the presiding officer. 1.Procedure for appeals.An appeal is made by motion. No second is need for the motion. The member making the motion may speak once solely on the question involved, and the presiding officer may speak once solely to explain his or her ruling, but no other councilmember may participate in the discussion. 2. Once both the maker of the motion and the presiding officer have spoken, the matter must be voted upon by the council as a whole. 3. The appeal shall be sustained if it is approved by a majority of the members present, exclusive of the presiding officer. G.Temporary designation of a presiding officer. The presiding officer may choose to designate a temporary presiding officer before participating in debate on a given matter. In the alternative, the council may by majority vote designate a temporary presiding officer to preside over the debate on a given matter. The presiding officer shall resume presiding as soon as action on the matter is concluded. VII. RULES OF ORDER AND PROCEDURE.The proceedings of the city council shall be conducted in accordance with the Minnesota Mayors Association Rules of Order for City Councils. MINNESOTA MAYORS HANDBOOK 53 VIII.DECORUM OF COUNCILMEMBERS. A.Aspirational statement: All councilmembers shall assist the presiding officer in preserving order and decorum and in providing for the efficient operation of the meeting. B.Aspirational statement:No councilmember shall engage in conduct which delays or interrupts the proceedings or which hinders honest, respectful discussion and debate. C.Aspirational statement:City council meetings shall be conducted in a courteous manner that recognizes the validity of differing points of view and promotes the ideal of democratic discussion and debate free of insult, slander, and personal attacks and threats. D. To effectuate these aspirational goals, city councilmembers shall conduct themselves at council meetings in a manner consistent with the following: 1. No councilmember shall engage in private conversation or pass private messages while in the chamber in a manner so as to interrupt the proceedings of the council. 2. No councilmember shall leave his or her seat or make any noise of disturbance while a vote is being taken and until the result of the vote is announced. 3. No councilmember shall use profane or obscene words or unparlimentary language or use language that threatens harm or violence toward another person during a council meeting. 4. No councilmember shall speak on any subject other than the subject in debate. 5. No councilmember shall speak without being recognized by the chair; nor shall any councilmember interrupt the speech of another councilmember. 6. No councilmember shall disobey the City Council Rules of Order and Procedure adopted in VII or a decision of the presiding officer on questions of order or practice or upon the interpretation of the rules of council. 7. No councilmember shall engage in disorderly conduct that disturbs or disrupts the orderly conduct of any meeting. IX. VOTING. A. The votes of the city council will be taken by voice vote. The presiding officer shall announce the results of all votes of the council. B. A clear statement of the matter being voted upon and the names of those voting for and against the matter shall be recorded in the official minutes. C. Councilmembers may ask for a roll call of the vote by the clerk/administrator on any motion or resolution. D. The clerk/administrator may ask for a verification roll call if the vote of a councilmember is not clear on the voice vote. E. A majority vote of the quorum present shall be sufficient for all matters before the council, unless otherwise provided by state law. F. Whenever a matter is put forward for a vote, every councilmember shall vote, unless a bona fide conflict of interest, as defined by state law, exists. MINNESOTA MAYORS HANDBOOK 54 X. MEETING SCHEDULE. A. Each meeting of the council shall convene at the time and place appointed. All public hearings shall commence at the advertised time. B. Council business shall be conducted in the order of the prepared agenda, unless an alteration is approved by a majority of the council. The prepared agenda may also be altered by the presiding officer to accommodate the advertised time of a public hearing. C. The last item on the agenda will be commenced no later than _______ p.m. D. If all business has not been completed, the meeting may be continued to another date and time following the notice provisions in V-F. XI. ORDER OF BUSINESS. The order of business for all council meetings shall be: A. Call to order. B. Call of roll. C. Approval of minutes. D. Public forum and correspondence. E. Consent agenda. F. Public hearings (when scheduled). G. Acknowledgement of receipt of board/commission minutes (if any). H. Board/commission/committee reports (if any). I. Staff reports (if any). J. New business. K. Unfinished business. L. Consideration of bills. M. Adjournment. XII. AGENDA.An agenda will be prepared for all regular council meetings by the city clerk/administrator. Agenda items may be placed by city councilmembers and city staff. Members of the public wishing to place items on the agenda shall be directed to the public comment forum provided at the council meeting. When a special meeting is called, the agenda must be included in the request for the meeting and in the publication of the notice of the meeting pursuant to Minn. Stat. § 13D.04, subd. 2. A. All requests to place an item on the agenda must be received by the city clerk/administrator by _______ a.m. ________ days prior to the next council meeting. B. All requests to place an item on the agenda must be on the form prescribed by the city. The form should be completed with the goal of clearly describing the subject matter to be considered by council and any action requested or required. Supporting information may be attached to the form as necessary. C. All requests to place an item on the agenda by city staff must be reviewed by the city administrator/clerk. D. The agenda, along with information materials, will be mailed or delivered to all city councilmembers and the city attorney at least _____ days prior to the next council meeting. MINNESOTA MAYORS HANDBOOK 55 XIII. CONSENT AGENDA. A consent agenda may be used to improve the efficiency of meetings. The consent agenda allows council to consider several items at one time. Only one motion is necessary to approve all items on the consent agenda. A. Items that require findings of fact or an explanation of council actions, such as land use matters and the consideration of license requests, should generally not be placed on the consent agenda. B. An item on the consent agenda may be removed from consideration by the request of any one councilmember. Items removed from the consent agenda will be placed on the regular agenda for discussion and consideration. XIV. MINUTES. Minutes constitute a vital record of the city and are the best means of preserving city council intent, findings of fact, and action. Pursuant to Minn. Stat. § 412.151, the city clerk must keep a minute book. A. The minutes shall contain at minimum: 1. The city councilmembers who are present. 2. Type of meeting (regular, special, continued, emergency). 3. Date and place the meeting was held. 4. Time the meeting was called to order. 5. Approval of minutes of the previous meeting, with any corrections. 6. The members who make or second motions. 7. Roll call vote on motions. 8. Subject matter of proposed resolutions or ordinances. 9. Whether the resolutions or ordinances are defeated or adopted. 10. The votes of each member, including the mayor. 11. A statement of findings of facts and an explanation of council action, including specific reasons for approval and disapproval, on all land use and licensing matters. 12. Listing of all bills allowed or approved for payment, noting the recipient, purpose, and amount. 13. Approval of hourly rates paid for services provided, mileage rates, meal- reimbursement amounts, and per diem amounts. 14. List of all transfers of funds. MINNESOTA MAYORS HANDBOOK 56 15. Authorizations and directions to invest excess funds, and information on investment redemptions and maturities. 16. Approval of minutes of the previous meeting, with any corrections. 17. Identity of parties to whom contracts were awarded. 18. Abstentions from voting due to a conflict, and the member’s name and reason for abstention. 19. Appointments of representatives to committees or outside organizations. 20. Name and brief summary of subject matter of citizens appearing before council during public comment period. B. The minutes of each meeting shall be typed and signed by the clerk/administrator. Copies of the minutes shall be included in the agenda for the next council meeting. C. At the next regular meeting, approval of the previous meeting’s minutes shall be considered by council. 1. The meeting minutes do not need to be read aloud. 2. The presiding officer shall call for any additions or corrections. 3. If there is no objection to an addition or correction, it will be made without a vote of the council. 4. If there is an objection, the council shall vote upon the addition or correction by roll call vote. 5. Council shall take formal action by vote to approve the minutes as distributed or as amended. D. Minutes shall be published as required by Minn. Stat. §§ 412.191, 331A.08, subd. 3, 331A.01, subd 10. XV. PUBLIC COMMENT AT COUNCIL MEETINGS AND AT PUBLIC HEARINGS A.Public participation and comment at council meetings.City council meetings are the forum for the city council to conduct the city’s business. While city council meetings are open to the public pursuant to the Minnesota Open Meeting Law, they are not a forum for public expression. As such, members of the public are not allowed to participate in council discussion and debate without a specific invitation and/or formal recognition by the presiding officer. Members of the public shall not applaud, engage in conversation, or engage in other behavior through words or action that may disrupt the proceedings of council. B.Members of the public shall follow the direction of the presiding officer.Members of the public who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After warning, if the conduct continues, the presiding officer may ask the member of the public to leave the meeting room. MINNESOTA MAYORS HANDBOOK 57 If the member of the public refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant-at-arms to remove the person through any lawful means. In emergency situations, or where conduct is an egregious threat to the safety of the public or the council, a warning is not necessary before the sergeant-at-arms is directed to remove the person. C.Public comment period.A limited forum for members of the public to speak with the council is provided on the agenda. Public comments during the public comment period are subject to these limitations: 1. Speakers must be recognized by the presiding officer before speaking and are limited to three minutes for comment. 2. When multiple speakers appear to speak on the same topic, comments should not be repetitive. The presiding officer may request speakers to appoint a spokesperson. 3. The presiding officer may place a time limit on the public comment period if necessary to allow for the conduct of city business. If there is not sufficient time at the meeting to hear all public comments, the comment period may be deferred to the next regular council meeting or at a continued meeting. 4. Speakers must sign up prior to speaking and provide a name, address, and brief summary of the subject matter they wish to address. The sign- up sheet will be available at the start of the city council meeting. 5. Speakers must direct their remarks toward the presiding officer. 6. Speakers shall not use obscene, profane or threatening language, nor conduct themselves in a threatening, loud, or boisterous manner that disrupts the conduct of the meeting or the security of the public. 7. Speakers are required to follow the direction of the presiding officer. 8. Speakers who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After warning, if the conduct continues the presiding officer may ask the speaker to leave. If the speaker refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant-at-arms to remove the speaker through any lawful means. In emergency situations, or when conduct is an egregious threat to the safety of the public or the council, a warning is not necessary before the sergeant-at-arms is directed to remove the speaker. 9. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public. Generally the matter will be MINNESOTA MAYORS HANDBOOK 58 referred to staff for further research and possible report or action at a future council meeting. D. A summary of these rules for public comment may be provided in the council meeting room. XVI. PUBLIC HEARINGS.Public hearings are sometimes required by law to allow the public to offer input on city council decisions. When public hearings are required by law, notice shall be provided as required by state statute. Public hearings shall be commenced at the time advertised in any notice required by law. A.General procedure for public hearings. The order of business for all public hearings conducted by council shall be: 1.Opening comments by presiding officer announcing the purpose of the public hearing. 2.Presiding officer opens the public hearing portion of the meeting. 3.Staff presentation (including clerk/administrator, attorney, engineering reports if any). 4.Developer/other presentation (if any). 5.Public comments. 6.Reading of written comments. 7.Presiding officer formally closes the public hearing portion of the meeting. B. Speakers who wish to address the city council at a public hearing must follow the same rules in XV. However, the presiding officer may allow additional time for speakers, as required, to comply with applicable state law. C. Speakers may also provide written comments to the city council before or at the meeting. Written comments shall be read aloud by the presiding officer or his or her designee as provided in XVI-A-6. Anonymous, unsigned communications will not be read. D. The presiding officer may continue the hearing, if necessary, following the procedures in V-F. XVII. PROCEDURE FOR RESOLUTION AND ORDINANCE ADOPTION. All resolutions and ordinances shall be in writing. Unless otherwise provided by law, all ordinances shall be adopted by resolution by a majority vote of councilmembers present at the council meeting. Unless otherwise provided by law, ordinances do not require multiple readings, and may be adopted as presented at the first available meeting. MINNESOTA MAYORS HANDBOOK 59 XVIII. BOARD, COMMISSION, AND COMMITTEE ASSIGNMENTS. All assignments of councilmembers to serve on city boards, commissions, and committees shall be by a majority vote of councilmembers present at the meeting, unless otherwise provided by law. XIX.MAYORAL AND CITY PROCLAMATIONS. Except as otherwise provided by law, all mayoral and city proclamations recognizing events, persons, and official observances shall be adopted by a majority of councilmembers present at the meeting where such proclamation is presented for adoption. XX. SEATING ASSIGNMENTS. Councilmembers shall occupy the chairs assigned to them by the presiding officer, but two councilmembers may exchange seats by joining in a formal request to the presiding officer. XXI. SUSPENSION OR AMENDMENT OF THESE RULES.Any or all of these rules may be temporarily suspended by a majority vote of the councilmembers present at the meeting, except as otherwise required by Minnesota law. These rules shall not be repealed or amended except by a majority vote of the whole council after notice has been given at a preceding council meeting. MINNESOTA MAYORS HANDBOOK 60 Agenda Request Form Sample for use with Minnesota Mayors Association City Council Bylaws Agenda Request Form DATE SUBMITTED: SUBMITTED BY: DEPARTMENT: ISSUE: ATTACHMENTS: JUSTIFICATION: FINANCIAL IMPACT: ACTION REQUESTED: REVIEWED BY: ___City Clerk/Admin. ____City Attorney ___Bldg. Insp. _ __Finance Director ____Public Works ___County ____City Engineer ____Architect ____DNR CITY CLERK/ADMINISTRATOR’S RECOMMENDATION: LANGUAGE FOR PROPOSED FORMAL MOTION TO BE CONSIDERED BY COUNCIL: MAYOR & COUNCIL COMMUNICATION DATE: ITEM 19 MOTION 2/16/16 AGENDA ITEM: Single Fire Station Concept SUBMITTED BY: Greg Malmquist, Fire Chief THROUGH: Public Safety Committee REVIEWED BY: Interim Administrator POLICY RECCOMENDER: Fire Department/Public Safety Committee FISCAL IMPACT: The possible purchase of land for one future fire station SUMMARY AND ACTION REQUESTED: Staff is requesting direction from council regarding the concept of a single fire station for Lake Elmo. LEGISLATIVE HISTORY: At the October 13, 2015 Council Workshop, a presentation on “Public Safety, Staffing and Facilities” was given. The information presented was the result of extensive research and discussion conducted by the Public Safety Committee and the officers of the fire department. The information focused on identifying future staffing, equipment and facility needs for the fire department, (see attachment). The Public Safety Committee was looking for direction from Council for future planning, with the question of following the current Paid on Call (POC), multiple stations model or moving toward a one station with 24/7 staffing needing additional clarification. 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 -- page 1 -- 3 City Council Meeting [Regular Agenda Item 19) February 16, 2016 Information presented addressed the results of the 2004 and 2011 fire studies which were both based on POC staffing. Studies concluded current stations should be relocated and “Are not adaptable to future expansion”. Analysis of various options and how other communities have addressed this issue. I would also like to highlight the recruitment efforts pursued over the years to deal with our inability to fully staff. The Public Safety Committee spent considerable time brainstorming and addressing this national/regional/local issue and came up with a pretty thorough list, (see attached). In addition to following up on these recommendations, FD staff went even further by attending training at regional and national levels and networking with local FD’s, yet we continue to have a very low success rate. At the conclusion of the presentation, Council requested additional information/numbers related to the comparison of 1 vs 2 stations. Chief Malmquist conducted additional research, met with Eagan Fire Chief Mike Scott and had follow up conversation with Chief Officers of Maplewood FD regarding closing of fire stations and operating costs. See attached spreadsheet. Finance Director Cathy Bendel provided the operating cost information on the comparison spreadsheet. BACKGROUND INFORMATION (SWOT): Strengths Ensure adequate staffing, long range cost savings (potentially over $3mil.), meet future response needs of community. Weaknesses Increasing land costs. Initial investment in facility. Delaying decision until FD reaches critical staffing point and delivery of service is impacted. Opportunities Identify and secure site while still available. Learn from other communities. Possibly partner with Washington County Sheriff’s Department and Lakeview EMS in combined Public Safety Facility. Threats Inability to staff by committing to failing Paid on Call system. RECOMMENDATION: The Public Safety Committee and the Officers of the Lake Elmo Fire Department make the following recommendation.” “Move to make preparations to move to a single fire station and identify an appropriate site. ATTACHMENTS: 475268v1 SJS LA515-1 MAYOR AND COUNCIL COMMUNICATION DATE: 02/16/2016 REGULAR ITEM #: 20 MOTION AGENDA ITEM: IPAD Opinion Request SUBMITTED BY: Sarah Sonsalla, City Attorney THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Sarah Sonsalla/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 (IF APPLICABLE) SUMMARY AND ACTION REQUESTED: The Council will need to decide if it would like to request an opinion from the Department of Administration - Information Policy Analysis Division with respect whether a letter that was written by former City Attorney David Snyder concerning a City employee complaint about a City Council member is public data under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. BACKGROUND AND STAFF REPORT: It was requested that I provide an opinion as to whether or not a letter written by former City Attorney David Snyder that is dated October 1, 2015 concerning a complaint made by a City employee about a City Council member could be released to the public. I had opined that because the document is about an unsubstantiated complaint that involves a City employee, that it contains private personnel data pursuant to Minnesota Statutes Section 13.43 and should not be released to the public, even in a redacted form. I will admit that my recommendation that the City not release this document to the public is conservative, but given that it may contain private personnel data which can oftentimes consist of sensitive information, I would rather that the City not release it unless it receives an opinion from the Department of Administration – Information Policy Analysis Division (“IPAD”) that the letter may be released. This way, the City may then rely on this opinion and is protected in the event that someone brings a claim against the City relating to the release of the letter. 475268v1 SJS LA515-1 Seeking this opinion will result in the City incurring costs associated with me corresponding with IPAD and drafting the opinion request. Alternatively, the City may choose to not release the letter and allow someone who wants it to be released to make his or her own request to IPAD for an opinion. RECOMMENDATION: If the Council chooses to request an opinion, it should make the following motion: “Move to direct the City Attorney to request an opinion from IPAD as to whether or not the letter from David Snyder dated October 1, 2015 is public.” ATTACHMENT(S): None. MAYOR AND COUNCIL COMMUNICATION DATE: 2-16-16 REGULAR ITEM #: 21 MOTION AGENDA ITEM: Library Associate Status 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 Council can set policy regarding the cities library SUMMARY AND ACTION REQUESTED: Action can be taken to direct staff to seek Associate status, Branch Status, or continue independent status with regards to the Washington County Library system. BACKGROUND AND STAFF REPORT: Washington County will be adopting their Washington County Library Strategic Plan, the morning of the 16th. This plan lays out direction for the whole county regarding Washington County Libraries, Branch Libraries, Associate Libraries, and Independent Libraries such the Lake Elmo library. The Strategic plan does state that: 6. Relationships with and provision of services at associate and community libraries in the County must be accounted for in the Library’s strategic directions. To maintain the strength and effectiveness of the County Library system, additional associate libraries shall not be approved. In summary, the Washington County Board as of the writing of the document, most likely will be voting to not allow any additional associate libraries in Washington County. With that said, the Library Board and the City Council can consider moving to a Branch Library, run by Washington County with support from Lake Elmo Volunteers, or continue as an independent library outside of the Washington County system. RECOMMENDATION: Two Motions are before the council today. “Move to continue as an independent library outside of the Washington County Library System” “Move to direct the Library Board to negotiate with Washington County and move towards a branch status library in downtown Lake Elmo.” ATTACHMENT(S):