HomeMy WebLinkAbout1-2-18 Full Meeting Packet
NOTICE OF MEETING
City Council Meeting
Tuesday, January 2, 2018 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. Public Comments/Inquires
D. Presentations
E. Consent Agenda
1. Approve Payment of Disbursements and Payroll
2. Designate Official Depositories of Funds-Resolution 2018-001
3. Designate Official Publication Newspaper of Record – Resolution 2018-002
4. Adopt Resolution Designating Data Practice Officials and Approving City’s Data Practice Policy - Resolution
2018-003
5. Appoint City Attorney (Civil and Prosecution)
6. Appoint City Engineer and Approve Contract
7. Approve Expenditure for Mountain Bike Maps
F. Regular Agenda
8. Appoint 2018 Acting Mayor
9. Appoint Required Officials to Fire Relief Association Board of Trustees
10. Planning Commission Appointments
11. Parks Commission Appointment
12. 2018 Planning Commission Work Plan
13. 2018 Parks Commission Work Plan
14. 2018 Finance Committee Work Plan
15. Sign Ordinance Revisions - Ordinance No 08-192, Resolution 2018-004
G. Council Reports
H. Staff Reports and Announcements
I. Adjourn
Our Mission is to Provide Quality Public Services in a Fiscally Responsible
Manner While Preserving the City’s Open Space Character
STAFF REPORT
DATE: January 2, 2018
CONSENT
ITEM #2
TO: Honorable Mayor and City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: Designate the Official Depositories of Funds – Resolution 2018-01 REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: Pursuant to State Statute 427.01 et seq, the City Council is respectfully being asked to designate official depositories for 2018. Based upon past practice as well as current and likely future needs, it is recommended that the following be designated as the official depositories for the City of Lake Elmo for 2018:
• Lake Elmo Bank • Well Fargo Bank • Northland Securities Inc.
• Morgan Stanley QUESTION BEFORE THE CITY COUNCIL: 1) Does the City Council desire to approve the resolution as attached? FISCAL IMPACT: Designation of official depositories helps to ensure compliance with MN State Statute and that the resources entrusted to the City are maintained in official financial institutions. RECOMMENDATIONS: 1) Motion to Adopt Resolution No. 2018-01; Designate the Official Depositories of Funds for 2018. ATTACHMENTS:
1) Resolution No. 2018-01; Designate the Official Depositories of Funds for 2018.
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION 2018-01 A RESOLUTION TO DESIGNATE THE OFFICIAL DEPOSITORIES OF
FUNDS FOR 2018 WHEREAS, Minnesota Statutes, Chapter 427, requires the adoption of certain policies and procedures pertaining to the deposit of public funds; and
WHEREAS, the statute also requires the designation of an official depository of funds by
a local government each year within 30 days of the beginning of the fiscal year.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the following financial institutions are hereby designated as the Official Depositories of Funds for 2018:
• Lake Elmo Bank
• Well Fargo Bank
• Northland Securities Inc.
• Morgan Stanley
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS 2nd
DAY OF JANUARY 2018. CITY COUNCIL CITY OF LAKE ELMO
By: __________________________ Mike Pearson Mayor ATTEST:
________________________________ Julie Johnson City Clerk
STAFF REPORT
DATE: January 2, 2018
CONSENT
ITEM #: 3
AGENDA ITEM: Designate Official Publication Newspaper of Record
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND: Pursuant to Minn. State Statute § 412.831, the City Council is to select an official newspaper of record for legal publications. From a financial and timeliness perspective, City Staff has had an effective working relationship with The Oakdale-Lake Elmo Review as its official newspaper for the past few years. The Oakdale-Lake Elmo Review meets all statutory requirements for legal
publications, has a reasonable publication schedule/deadline for submission, and its rates for
publication are very competitive. Complimentary copies of The Oakdale-Lake Elmo Review are delivered to City Hall each week for residents. ISSUE BEFORE COUNCIL: What newspaper should the City use for official publications? PROPOSAL: The City Council is asked to select an official newspaper. Two quotes were received one from The Oakdale-Lake Elmo Review and one from St. Croix Valley Lowdown. OPTIONS: The Council may designate one of the two newspapers that have submitted bids as the official publication newspaper of record.
RECOMMENDATION: The City Council is respectfully requested to designate The Oakdale-Lake Elmo Review as the
City’s official newspaper of record for 2018. The Oakdale-Lake Elmo Review publishes weekly
and the St. Croix Valley Lowdown publishes bi-weekly, therefore staff recommends choosing
The Oakdale-Lake Elmo Review. As part of its consent agenda, no specific motion is required. Should council choose to remove this item from its consent agenda, the recommended motion for this action is as follows:
“Move to designate the Oakdale-Lake Elmo Review as the official newspaper of record
for 2018.”
STAFF REPORT
DATE: January 2, 2018
CONSENT
ITEM #: 4
AGENDA ITEM: Designate Data Practices Officials and Approve City’s Data Practices Policy
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND: MN Statute 13.05 requires the government entity’s Responsible Authority to annually update the City’s Data Practices Policy and make any changes necessary to maintain the accuracy of the document. The policy identifies the types of data the City maintains and how each type of data is classified. In addition, the policy provides for written procedures to ensure data requests are
received and complied with in an appropriate, permitted, and prompt manner.
The City is required to have two officers to administer responsibilities set forth in the act. The required officers are the Responsible Authority and the Compliance Officer, who by state statute can be, and often are, the same person within a government entity. The Responsible Authority is responsible for collection, use and dissemination of any set of data. The Compliance Officer
handles questions or issues with regard to data access. Both of these officials are required to be
named specifically, not just as a responsibility assigned to a position. ISSUE BEFORE COUNCIL: Who should the Council appoint as the City’s Data Practices Responsible Authority and Compliance Officer? PROPOSAL: The City Council is asked to appoint Data Practices Officials and approve the Data Practices Policy.
OPTIONS: City Clerk Johnson is currently the City’s Data Practices Responsible Authority and Compliance Officer. In the past, the City Clerk and Deputy Clerk have been appointed to fill these roles.
RECOMMENDATION: The City Council is respectfully requested to approve Resolution 2018-003, Designating the City’s
Data Practices Officials and Approving City’s Data Practices Policy. There are no changes from
the prior Data Practices Policy other than updates to the dates and name of officials. As part of its consent agenda, no specific motion is required. If Council wishes to remove this item from the consent agenda, the recommended motion is as follows:
“Move to adopt Resolution 2018-003 Designating City’s Data Practices Officials and Approving City’s Data Practices Policy”
ATTACHMENTS:
• Resolution 2018-003
• City of Lake Elmo Data Practices Policy
2018
DATA PRACTICES CLASSIFICATION OF GOVERNMENT DATA
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City of Lake Elmo Data Practices Policy 1/02/2018
ACCESS TO DATA BY THE PUBLIC
Access To Data By The Public While some data maintained by the city is data about individuals, which is presumed to be private, the broader assumption about government data in general is that it is public, and should be readily available to anyone who asks for it. Failure to disclose information that is public is a violation of data practices laws. Any person (individual or non-individual) can have access to public data simply by making a request to the responsible authority that has jurisdiction over the data. The person has the right to inspect and copy the data at reasonable times and places, and, if the person so requests, will be informed of the data’s meaning.
Inspection of Data There is no fee for inspecting the data (Minn. Stat. Sec. 13.03, subd. 3.) Inspection includes visual inspection of the information in paper or some other medium, such as on the website. Inspection does not include printing copies, unless printing a copy is the only way to inspect the data. For data stored in electronic form and available to the public through electronic remote access, inspection includes allowing the public to have access to the data so that they can print or download the data from their own computer equipment. The responsible authority may charge a reasonable fee for remote access to data if there is a specific statutory grant of authority.
Data with Commercial Value When data requested by the public include data that have commercial value (such as a formula, pattern, compilation, program, device, method, technique, etc) and a substantial and discrete portion of the data was developed with a significant expenditure of public funds, the responsible authority may charge a reasonable fee for the information in addition to the costs of making, certifying and compiling the copies (Minn. Stat. Sec. 13.03, subd. 3(d)). Any fee charged must be clearly demonstrated by the agency to relate to the actual development costs of the information.
Computer Storage Medium
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If the requested data is maintained in a computer storage medium, the responsible authority must provide a copy of the data contained in that medium in electronic form if the city can reasonably do so (Minn. Stat. Sec. 13.03, subd. 3(e)).
Time Limits For Response Copies of public information should be disclosed as soon as reasonably possible. Work on compiling copies should begin immediately upon request. If the request cannot be honored immediately the city should, as a matter of courtesy, send a letter to the requester acknowledging receipt of the request and giving the requester an estimate of the time it will take to compile and send the information.
CLASSIFICATIONS OF GOVERNMENT DATA
Classifications of Government Data The Minnesota Government Data Practices Act defines Government Data as all data collected, created, received, maintained or disseminated by any state agency, political subdivision, or statewide system regardless of its physical form, storage media or conditions of use (Minn. Stat. Sec. 13.02, subd. 7). Government Data are separated into classifications and the classification of data determines their accessibility by the public. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is attached as Exhibit A.
Data On Individuals Data on individuals are defined as government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data is not accessed by the name or other identifying data of any individual. There are three classifications of data on individuals :
• Public -- This is data about individuals which can be disclosed to anyone for any purpose, e.g. names and salaries of city employees.
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• Private -- This is data about individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data.
• Confidential -- This is data about individuals that even the individuals themselves cannot be told, e.g., information from an investigation about welfare fraud or in adoption records. Note, however, that even if the confidential data itself cannot be disclosed to individuals, individuals do retain the right to know whether an agency is maintaining confidential data about them. Confidential information may be given to people who are authorized access by federal, state or local law or court order or people within the city staff, the city council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access.
Data Not On Individuals Data not on individuals are government data about non-individuals, such as organizations including partnerships, corporations, associations, etc.
• Public -- This is data about non-individuals, such as businesses, which can be disclosed to anyone for any purpose, e.g., names of vendors who have contracts with the city.
• Private -- This is data about non-individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data, e.g., certain financial information about businesses.
• Protected Non-public -- This is data about non-individuals, which is available only to government entities with a legal right to know it. A corporation being investigated for fraud, for example, would not have a right to the information being collected during the investigation.
Information Technology Policy
Information Policy Compliance and Consequences
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All City of Lake Elmo users, including employees, volunteers and contractors, who have rights to access or modify city information in any media, or who use city computers, business applications or electronic communication resources, must comply with Lake Elmo Information Policy, the federal Health Insurance Portability and Accountability Act (HIPAA), the Minnesota Government Data Practices Act and all other laws or rules governing the protection of data. Failure to comply is grounds for sanction and/or disciplinary action up to and including termination of employment, cancellation of contract and/or loss of resource privileges. Failure to comply may also result in notification to law enforcement officials and regulatory, accreditation and licensure organizations. Use of any City of Lake Elmo information technology devices will be limited to employees. All files of any kind, including electronic mail disseminated or received utilizing city devices or software or which resides on computers within the City of Lake Elmo should not be considered as private and employees shall have no expectation of privacy. The contents of electronic mail will not normally be monitored, censured, or otherwise examined unless there is reason to believe the usage is being abused. City investigations, law enforcement investigations, or court order or data practices request may require the examination and release of any file or document, including electronic files such as electronic mail.
Electronic Mail (Email): Purpose of Email: the email system is a tool to be used for matters directly related to the business activities of city employees and as a means to further the mission by providing services that are efficient, accurate, timely and complete. Public Nature of Email: email is a public record like any other public document. Email may be searched for evidence in any legal proceeding. By using the email system, the employee consents that in the event of suspicious activity their email system may be searched for evidence gathering purposes. E-mail messages are subject to regulation under the Minnesota Data Practices Act. As such, all e-mails unless private (content determines public or private) should be considered public information. Policy: employees are responsible for adhering to business standards when email is created, sent, forwarded or saved. Failure to adhere puts the organization and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. Employees should not keep e-mail for an extended period of time. If it is a critical e-mail
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correspondence, it should be saved as a hard copy or as a text file and moved to the server. Delete all inbox, sent, and deleted messages that are no longer needed.
Members of the Public
Right to Access Public Data The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. The Data Practices Act also provides that the City of Lake Elmo must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies.
How to Make a Data Request To look at data or request copies of data that the City of Lake Elmo keeps, make a written request. Make your written request for data to the appropriate individual listed in the Data Practices Contacts document on page eight. You may make your written request for data by mail, using the data request form on page ten. If you choose not to use the data request form, your written request should include:
1. that you, as a member of the public, are making a request for data under the Data Practices Act, Minnesota Statutes, Chapter 13;
2. whether you would like to look at the data, get copies of the data, or both; and
3. a clear description of the data you would like to inspect or have copied. The City of Lake Elmo cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In
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addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request.
How We Respond to a Data Request Upon receiving your written request, we will work to process it. If we do not have the data, we will notify you in writing as soon as reasonably possible. If we have the data, but the data are not public, we will notify you in writing as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: 1) Arrange a date, time, and place to inspect data, for free, if your request is to view the data, or 2) Provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies, or we will mail or fax them to you. If you want us to send you the copies, you will need to provide us with an address or fax number. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will provide you with an explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. The Data Practices Act does not require us to answer questions that are not requests for data.
Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a
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means to gain access to private or confidential data. The City of Lake Elmo will prepare summary data if you make your request in writing and pre-pay for the cost of creating the data. Upon receiving your written request – you may use the data request form on page ten – we will respond within ten business days with the data or details of when the data will be ready and what the cost will be.
Data Subjects
Data about You The Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. Classification of Data about You The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples.
Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. The following is an example of public data about you: if you are
an employee of a government entity, the fact that you work for the entity, and your job title
and bargaining unit is public. Private data: We cannot give private data to the general public, but you have access when the data are about you. The following is an example of private data about you: your Social Security number. We can share your private data with you, with someone who has your permission, with City of Lake Elmo staff who need the data to do their work, and as permitted by law or court order.
Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. The following is an example of confidential data about you: if you register a complaint with a government entity concerning
violations of state laws or local ordinances concerning the use of real property, your identity is
confidential.
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We can share confidential data about you with City of Lake Elmo staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data.
Your Rights under the Data Practices Act The City of Lake Elmo must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Your Access to Your Data: You have the right to view (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you may have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask the City of Lake Elmo not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When we Collect Data from You: When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you must use the
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consent form we provide. Protecting your Data: The Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe.
When your Data are Inaccurate and/or Incomplete: You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you.
How to Make a Request for Your Data To look at data, or request copies of data that the City of Lake Elmo keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts document on page ten. You may make your written request by mail using the data request form on page twelve. If you choose not use to use the data request form, your written request should include:
1. That you are making a request, under the Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you;
2. Whether you would like to inspect the data, have copies of the data, or both;
3. A clear description of the data you would like to inspect or have copied; and
4. Identifying information that proves you are the data subject, or data subject’s parent/guardian. The City of Lake Elmo requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity document located on page thirteen.
How We Respond to a Data Request Once you make your written request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification.
• If we do not have the data, we will notify you in writing within 10 business days.
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• If we have the data, but the data are confidential or private data that are not about you, we will notify you in writing within 10 business days and state which specific law says you cannot access the data.
• If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following:
1. Arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or
2. Provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine. After we have provided you with access to data about you, we do not have to show you the data again for six months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will provide additional explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not requests for data.
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CITY OF LAKE ELMO
Data Practices Contacts
Responsible Authority Julie Johnson, City Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 jjohnson@lakeelmo.org
Data Practices Compliance Official Julie Johnson, City Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 jjohnson@lakeelmo.org
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Copy Costs – Members of the Public The City of Lake Elmo charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). Copies must be paid for prior to receiving. For 100 or Fewer Paper Copies – 25 Cents per Page 100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-sided copy.
Most Other Types of Copies – Actual Cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies will be calculated at the actual hourly rate of the employee.
Copy Costs - Data Subjects The City of Lake Elmo charges data subjects for copies of government data. These charges are authorized under section 13.04, subdivision 3. Copies must be paid for prior to receiving. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the
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copies. The cost of employee time to make copies will be calculated at the actual hourly rate for the employee.
City of Lake Elmo
Data Request Form – Members of the Public
Date of request: _____________
I am requesting access to data in the following way: Note: inspection is free, for copies the City of Lake Elmo charges $0.25 per page for 100 or fewer one-sided pages of black and white, letter or legal size paper copies cost or 50¢ for a two-sided copy.
⎕ Inspection ⎕Copies ⎕ Inspection and copies
These are the data I am requesting: Note: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form.
Contact Information Name: _______________________________________________________________________
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Address: ______________________________________________________________________ Phone number: _______________________ Email address: ____________________________ You do not have to provide any of the above contact information. However, if you want us to mail you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us.
City of Lake Elmo
Data Request Form – Data Subjects Date of request: _____________ To request data as a data subject, you must show a valid state ID, such as a driver’s license, military ID, or passport as proof of identity.
I am requesting access to data in the following way:
⎕ Inspection ⎕Copies ⎕ Inspection and copies
Note: inspection is free, for copies we charge $0.25 per page for up to 100 pages ($0.50 two sided up to 50 pages) or employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies is calculated at the actual hourly rate of the employee.
Description of data requested:
Note: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form.
Contact Information
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Data subject name______________________________________________________________ Parent/Guardian name (if applicable) _______________________________________________ Address______________________________________________________________________ Phone number_____________________ Email address________________________________ Signature of Data Subject or Parent/Guardian_________________________________________
Staff Verification Identification provided___________________________________________________________
Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as
• state driver’s license
• military ID
• passport
• Minnesota ID
• Minnesota tribal ID A minor individual must provide a valid photo ID, such as
• state driver’s license
• military ID
• passport
• Minnesota ID
• Minnesota Tribal ID
• Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either a certified copy of the minor’s birth certificate or a certified copy of documents that establish the parent or guardian’s relationship to the child, such as
• court order relating to divorce, separation, custody, foster care
• foster care contract
• affidavit of parentage
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The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as
• court order(s)
• valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID.
CITY OF LAKE ELMO
NOTICE TO ALL APPLICANTS FOR MUNICIPAL PERMITS, LICENSES,
OR OTHER MUNICIPAL ACTION
1. If you are requesting municipal action on any request for any of the above, you will be required to furnish certain information about yourself, the project you are involved in, or other matters pertaining to the application. Some of the information you are asked to provide is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. 2. The purpose of this information is to enable the City of Lake Elmo or other government agencies to evaluate relevant factors in considering your request. You are not legally required to provide this information. If you do not provide the requested information, the City may not act upon your request. 3. The information you supply will be public and available to any entity requesting to inspect the information. DATA PRACTICES ADVISORY TENNESSEN WARNING REQUIRED BY MINNESOTA STATUTES CHAPTER 13.04
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BY _______________________________________________
COMPANY/TITLE: ________________________________
___________________________________________________
NON-PUBLIC DATA MAINTAINED BY CITY (EXHIBIT A) 1. Personnel Data (Private) Minn. Stat. §13.43 All data on all individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission is private, except the following which is public:
• Name
• Employee identification number (not the employee's Social Security number)
• Actual gross salary
• Contract fees
• Actual gross pension
• Value and nature of employer paid fringe benefits
• Basis for and amount of added remuneration, including expense reimbursement
• Job description, job title and bargaining unit
• Education and training background
• Relevant test scores and rank on eligible list
• Previous work experience
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• Date of first and last employment
• Veteran status
• The existence and status (but not nature) of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in discipline
• Final disposition of any disciplinary action, together with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the city
• Terms of any agreement settling any dispute arising from the employment relationship, including a “buyout” agreement
• Work availability
• Work location
• Work telephone number
• Honors and awards received
• Payroll time sheets or other comparable data that are only used to account for employee’s work time for payroll purposes, except to the extend that release of time sheet data would reveal the employee’s reasons for the use of sick or other medical leave or other non-public data
• Names and addresses of applicants for and members of an advisory board or commission
• Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) If it is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person’s attorney when relevant to obtaining a restraining order, (2) a pre-petition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting agency. All other data is private but may be released pursuant to a court order. Data pertaining to an employee’s dependents are private data on individuals.
2. Property Complaint Data (confidential) Minn. Stat. §13.44 The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property.
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3. Security Information (Private) Minn. Stat. §13.37 Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. This also includes interior sketches, photos, or plans of buildings where detailed information about alarm systems or similar issues could jeopardize security. 4. Sealed bids (Non-public) Minn. Stat. §13.37 Sealed bids, including the number of bids received, prior to opening. 5. Trade Secret Information (Non-public) Minn. Stat. §13.37 Government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the City, (2) that is the subject of efforts by the City that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
6. Examination Data Minn. Stat. §13.34 Completed versions of personnel and licensing examinations are private, unless the Responsible Authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 7. Elected Officials Correspondence (Private) Minn. Stat. §13.601 Correspondence between individuals and elected officials, but either may make it public.
8. Federal Contracts Data (Non-public) Minn. Stat. §13.35 To the extent that a federal agency requires it as a condition for contracting with the city, all government data collected and maintained by the city is classified as private
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or nonpublic depending on whether the data are data on individuals or data not on individuals.
9. Civil Investigative Data Minn. Stat. §13.39 Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant’s statement is private.
10. Appraisal Data (Confidential or Non-public) Minn. Stat. §13.44 a. Estimated or appraised values of individual parcels of real property that are made by personnel of the city or by independent appraisers acting for the city for the purpose of selling or acquiring land through purchase or condemnation are classified as confidential data on individuals or protected nonpublic data. b. Appraised values of individual parcels of real property that are made by appraisers working for fee owners or contract purchasers who have received an offer to purchase their property from the city are classified as private data on individuals or nonpublic data. The data become public upon the occurrence of any of the following: The data are submitted to a court-appointed condemnation commissioner; The data are presented in court in condemnation proceedings; or The negotiating parties enter into an agreement for the purchase and sale of the property. 11. Personal and intangible property; appraisal data (Non-public) Minn. Stat. §13.44 Preliminary and final market value appraisals, which are made by personnel of the city or by an independent appraiser acting on behalf of the city, of personal and intangible property owned by the city are classified as nonpublic data not on individuals until either (1) a purchase agreement is entered into; or (2) the parties negotiating the transaction exchange appraisals.
12. Social Security numbers (Private) Minn. Stat. §13.355
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The Social Security numbers of individuals, whether provided in whole or in part, collected or maintained by a government entity are private data on individuals, except to the extent that access to the Social Security number is specifically authorized by law.
13. Recreation/Social Programs Data (Private) Minn. Stat. §13.57
People enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. Planning Survey Data (Private/Non-public) Minn. Stat. §13.43 The following data collected in surveys of individuals conducted by the city for the purpose of planning, development and redevelopment are classified as private or nonpublic: names and addresses of individuals and the legal descriptions of property owned by the individuals, and the commercial use of the property to the extent disclosure of the use would identify a particular business.
15. City Attorney Records Minn. Stat. §13.30 The use, collection, storage, and dissemination of data by the city attorney are governed by statues, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the “work product” privilege is confidential. 16. Electronic Access Data Minn. Stat. §13.15 Data created, collected, or maintained about a person's access to a city computer for the purpose of gaining access to data or information, transferring data or information are private data on individuals or nonpublic data.
17. Service Cooperatives Claims Data Minn. Stat. §13.43
Claims experience and all related information received from carriers and claims administrators participating in a group health or dental plan, including any long-term disability plan, offered through the Minnesota service cooperatives to the city, and survey information collected from employees and employers participating in these
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plans and programs, except when the executive director of a Minnesota service cooperative determines that release of the data will not be detrimental to the plan or program, are classified as nonpublic data not on individuals.
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Consent to Release – Request from a Government Entity
Explanation of Your Rights You have the right to choose what data we release. This means you can let us release all of the data, some of the data, or none of the data listed on this form. Before you give us permission to release the data, we encourage you to review the data listed on this form. You have the right to let us release the data to all, some, or none of the persons or entities listed on this form. This means you can choose which entities or persons may receive the data and what data they may receive. You have the right to ask us to explain the consequences for giving your permission to release the data. You may withdraw your permission at any time. Withdrawing your permission will not affect the data that we have already released because we had your permission to release the data. If you have a question about anything on this form, or would like additional information or explanation, please contact Julie Johnson, City Clerk, 3800 Laverne Avenue North, Lake Elmo, Minnesota 55042; 651.747.3900 or jjohnson@lakeelmo.org, before signing. I, ____________________________________, give my permission for the City of Lake Elmo to release data about me to ________________________________ as described on this form. I understand that my decision to allow release of the data to _________________________________________ is voluntary.
1) The specific data that the City of Lake Elmo may release: ___________________________________________________________________________________________. 2) I understand the City of Lake Elmo wants to release the data for this reason: _________________________________________________________________________________________________. 3) I understand that although the data are classified as private at the City of Lake Elmo, the classification/treatment of the data at ___________________________ depends on laws or policies that apply to _____________________________. This authorization to release the data expires on _______________________________________________.
Individual data subject’s signature _____________________________________________________
Date______________
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Parent/guardian’s signature [if necessary] _________________________________________________
Date______________
CITY OF LAKE ELMO WASHINGTON COUNTY
STATE OF MINNESOTA RESOLUTION 2018-003 A RESOLUTION DESIGNATING CITY’S DATA PRACTICES OFFICIALS AND
APPROVING CITY’S DATA PRACTICES POLICY WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and procedures pertaining to government data practices; and
WHEREAS, the statute also requires the appointment of a data practices compliance
official, a data practices responsible authority and optional designee(s) to enforce the data practices policies of government agencies.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the attached City of Lake Elmo Data Practices Policy, together with the exhibits attached
thereto, are hereby adopted and approved as if fully set forth herein; and
BE IT FURTHER RESOLVED, that City Clerk Julie Johnson will be appointed to serve as the city’s data practices responsible authority and data practices compliance official.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS
SECOND DAY OF JANUARY 2018. CITY COUNCIL CITY OF LAKE ELMO
By: __________________________
Mike Pearson Mayor ATTEST:
________________________________ Julie Johnson City Clerk
STAFF REPORT
DATE: January 2, 2018
CONSENT #5
AGENDA ITEM: Appoint City Attorney (civil and prosecution)
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: Per City Code 31.01, at the first regular council meeting in January of each year the Council shall appoint a city attorney. In 2016, the city decided to separate civil and prosecution services.
ISSUE BEFORE COUNCIL: Who should the Council appoint as City Attorney for civil matters and for prosecution services?
PROPOSAL: Kennedy and Graven are currently serving as City Attorney in civil matters. Johnson Turner is currently serving as City Attorney for prosecution services.
RECOMMENDATION: If removed from the consent agenda: “Move to appoint Johnson Turner as City Attorney for prosecution services and Kennedy and Graven as City Attorney for civil matters.”
ATTACHMENTS: None
STAFF REPORT
DATE: January 2, 2018
CONSENT #6
AGENDA ITEM: Appoint City Engineer and Approve Contract
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: Per City Code 31.01, at the first regular council meeting in January of each year the Council shall appoint a city engineer.
ISSUE BEFORE COUNCIL: Who should the Council appoint as City Engineer?
PROPOSAL: Following the December work session as Council direction, staff began working on an agreement with Focus Engineering to provide general engineering services for the next five years. A copy of the contract
is included in your packet. It establishes a flat monthly retainer of $2,500 for general engineering services as outlined, a fee schedule for projects beyond general engineering services, and lays out other terms of the agreement. It has been reviewed by legal. RECOMMENDATION: If removed from the consent agenda: “Move to appoint Mr. Jack Griffin, of Focus Engineering, Inc., as the official City Engineer and principal provider of professional engineering services for 2018.”
“Move to approve the agreement between the City of Lake Elmo and Focus Engineering for professional services.”
ATTACHMENT:
• Focus General Engineering Services Agreement
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FOCUS ENGINEERING, inc.
AGREEMENT
BETWEEN CITY OF LAKE ELMO AND ENGINEER
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made effective as of the 2ND day of JANUARY, 2018 (“Effective Date”) by and
between the CITY OF LAKE ELMO, MINNESOTA, a Minnesota municipal corporation (hereinafter
referred to as the “City”), and FOCUS ENGINEERING, inc., a Minnesota corporation (hereinafter
referred to as “Engineer”).
The City intends to engage Engineer to provide Professional Engineering Services and General
Consulting Services, and to act as the appointed City Engineer for the City. This AGREEMENT sets forth
the general terms and conditions which shall govern the relationship and performance of the City and
Engineer.
In consideration of the foregoing recitals and following terms and conditions contained herein, the City
and Engineer agree as follows:
ARTICLE 1: SERVICES OF THE ENGINEER
1.1 Scope of Services: The City agrees to and hereby does retain and appoint Engineer as the
designated “City Engineer”, and Engineer agrees to perform professional engineering services
(“Professional Engineering Services”) in connection with the responsibilities of the City Engineer,
as directed by the City Council and under the direction of the City Administrator.
A. Provide assistance on day-to-day matters, acting as the City Engineer, and as requested by
the City.
B. Attend meetings of the City Council or other Committees or Commissions to address
Engineering matters. Participate in internal and external meetings involving engineering
questions and issues.
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C. Act as City liaison and representative with other communities and county, state and federal
agencies in areas of responsibility.
D. Respond to and address constituent requests and issues as received or directed by staff.
Schedule and attend on-site meetings to review issues as needed.
E. Meet with developers and members of the public on proposed development projects in
order to relate the processes and procedures involved with engineering and infrastructure
development. Review development proposals for conformance with City standards.
F. Engineering services will, in general, include preparation of studies and reports, designing,
preparation of working drawings and specifications; construction administration and
construction observations; utility mapping, and maintaining engineering records and
correspondence; preparing cost estimates, capital improvement planning, and department
budgeting; maintaining the Municipal State Aid System; maintaining the MS4 NPDES Permit;
providing engineering support to other City departments; guiding and overseeing the design
and construction of public infrastructure systems through private development projects;
preparing requests for proposals, and assisting with selecting outside professional services
consultants for certain projects, and managing the professional services contracts; and
other related tasks of a type normally associated with infrastructure and facility planning,
design, construction, operation and/or maintenance.
G. Under this AGREEMENT the Engineer will provide general consulting services as described
in this Section in accordance with this Section, engineer's compensation, payment terms,
and other provisions as provided herein. When requested by the City, services for each
additional engagement or a specific project that is not addressed by this AGREEMENT will
be detailed and documented in a duly executed “TASK ORDER”.
1.2 Procedure for “TASK ORDERS”
A. Engineer shall provide the City with a “TASK ORDER” for specific services or projects when
requested by the City. Each TASK ORDER will indicate the specific task, scope of services,
time for performance, deliverables to be provided, and the basis of compensation.
B. Individual “TASK ORDERS”, if requested, shall be mutually approved by the City and Engineer.
Each duly executed TASK ORDER shall be incorporated and made a part of this AGREEMENT
and the general considerations thereof.
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ARTICLE 2: PERIOD OF SERVICE
2.1 Term: Engineer is hereby retained on a continuing basis through December 31, 2022, subject,
however, to termination by either party in accordance with ARTICLE 5.9.
2.2 Engineer shall complete its obligations for specific projects and services as set forth in any “TASK
ORDER”.
ARTICLE 3: COMPENSATION
3.1 Basis for Compensation: Compensation to Engineer for day-to-day General Engineering
Services shall be $2,500 per month for the five year term of this AGREEMENT. General
Engineering Services are defined as attendance at city council meetings and work session,
commission, committee or staff meetings as requested; acting as the City’s liaison with other
agencies; capital improvement planning; responding to or meeting with property owners on
matters not related to project engineering services; coordinating map updates and GIS updates;
administration of municipal state aid system and certification; assisting with funding solutions
for infrastructure projects such as identifying grants or loan programs; reviewing and evaluating
suggested revisions to fee schedules, assessment policies and utility rates (not including rate
studies); advising the City of current trends and policy formation; and updating and maintaining
engineering standards.
Compensation to Engineer for project engineering services and department support services,
shall be on an hourly rate basis in accordance with the 2018-2022 Hourly Rate Schedule which
is attached to this AGREEMENT as Exhibit A. Project engineering services and department
support services shall include engineering support to other city departments including permit
and plan reviews (grading, site plans, CUP and PUD applications); reviewing of development
applications and plans for conformance with City standards; meeting with developers and
members of the public on proposed development projects; guiding and overseeing the design
and construction of public infrastructure through private development projects; providing
engineering support to the public works department as requested for maintaining the MS4
NPDES Permit, right-of-way applications, and overseeing the annual street maintenance
projects; preparing requests for proposals, and assisting with selecting outside professional
services consultants for certain projects, and managing the professional services contracts; and
other related tasks of the type normally associated with infrastructure and facility planning,
design and construction; and acting as the City liaison and representative for other county, state
and federal agency projects within the City.
Services described in a specific “TASK ORDER” shall be compensated on an hourly rate basis
and/or a lump sum basis as designated in each TASK ORDER in accordance with the attached
2018-2022 Hourly Rate Schedule.
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3.3 Reimbursable Expenses: The Engineer shall be reimbursed at cost for any direct expenses when
incurred in the performance of the City’s work in accordance with the attached 2018-2022
Hourly Rate Schedule. Mileage shall not be reimbursed for the performance of any General
Engineering Services.
3.4 Payments for Services
A. Preparation and Submittal of Invoices: Engineer shall prepare and submit invoices including
a detailed description of the tasks performed to the City on a monthly basis. Invoices are due
and payable within 30 days of receipt.
B. Unpaid Invoices: All accounts unpaid after 30 days from the date of original invoice shall be
subject to a service charge of 1.5% per month, or the maximum rate of interest permitted by
law, whichever is less. Payment will be credited first to any interest owed to Engineer and
then to principal.
C. Disputed Invoices: If the City contests an invoice, the City shall promptly advise Engineer of
the specific basis for doing so, may withhold only that portion so contested, and must pay the
undisputed portion.
D. Right to Suspend Work: Engineer may, after giving ten (10) days written notice to the City,
suspend services under this AGREEMENT until the City has paid in full all amounts due for
services, expenses, and other related charges. The City waives any and all claims against
Engineer for any such suspension.
ARTICLE 4: CITY’S RESPONSIBILITIES
4.1 City’s Representative: When acting as the “City Engineer”, Engineer shall provide services as
directed by the City Council and under the direction of the City Administrator. For specific “TASK
ORDERS”, the City shall designate in writing, a person to act as the City’s representatives with
respect to the services to be rendered. Such persons shall have authority to transmit
instructions, receive instructions, receive information, interpret and define the City’s policies
with respect to Engineer’s services. When no written designation is made by the City, the City’s
representative shall be the City Administrator.
4.2 Provide Access: The City shall provide access to, and make all provisions for Engineer to enter
upon public or private property as required to perform its work.
4.3 Provide Supporting Documentation and Services: The City shall provide Engineer with all
necessary information regarding its requirements as necessary for orderly progress of the work,
including records, data, instructions, and requirements for completeness. The City shall also
provide services in regards to accounting, fiscal and bond consulting services, insurance, and
legal services as may be required.
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4.4 The City shall be responsible for, and Engineer may rely upon, the accuracy and completeness
of all requirements, programs, instructions, reports, data, and other information furnished by
the City to Engineer pursuant to this AGREEMENT. Engineer may use such requirements,
programs, instructions, reports, data, and information in performing or furnishing services
under this AGREEMENT.
4.5 Provide Prompt Notice and Review: The City shall promptly review and examine all
correspondence, reports, sketches, drawings, specifications and other documents and
communications prepared and presented by Engineer and render decisions pertaining thereto
within a reasonable time so as not to delay the services of Engineer. The City shall also give
prompt notice to Engineer whenever City observes or otherwise becomes aware of any
development that affects the scope or timing of Engineer’s services or any defect in the work.
4.6 The City shall make timely payments to the Engineer as set forth in ARTICLE 3.
ARTICLE 5: GENERAL CONSIDERATIONS
5.1 Standards and Parameters of Performance
A. Standard of Care: The standard of care for all professional engineering and related services
performed or furnished by Engineer under this AGREEMENT will be the care and skill
ordinarily used by members of the subject profession practicing under similar circumstances
at the same time and in the same locality.
B. Consultants: Engineer may employ such consultants as Engineer deems necessary to assist
in the performance or furnishing of the services, subject to reasonable, timely, and
substantive objections by City.
C. Reliance on Others: Subject to the standard of care set forth above, Engineer and its
consultants may use or rely upon design elements and information ordinarily or customarily
furnished by others, including, but not limited to, professional certifications, contractors,
suppliers, manufacturers, and the publishers of technical standards.
D. Compliance with Laws, Regulations, Policies, and Procedures: Engineer and the City shall
comply with applicable laws, regulations, policies, and procedures.
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E. Certifications and Signatures: Engineer shall not be required to sign any documents, no
matter by whom requested, that would result in the Engineer having to certify, guarantee,
or warrant the existence of conditions whose existence the Engineer cannot ascertain.
F. Engineer shall not at any time supervise, direct, control, or have authority over any
contractor work, nor shall Engineer have authority over or be responsible for the means,
methods, techniques, sequences, or procedures of construction selected or used by any
contractor, or the safety precautions and programs incident thereto, for security or safety
at the site, nor for any failure of a contractor to comply with laws and regulations applicable
to such contractor’s furnishing and performing its work.
G. Engineer neither guarantees the performance of any contractor nor assumes responsibility
for any contractor’s failure to furnish and perform the work in accordance with the contract
documents, or for the acts or omissions of any consultant, contractor, subcontractor, or
supplier who is not retained by Engineer to perform services under this AGREEMENT.
5.2 Independent Contractor: Engineer is an independent contractor. The manner in which the
services are performed shall be controlled by Engineer; however, the nature of the services and
the results to be achieved shall be specified by the City. All services provided by Engineer
pursuant to this AGREEMENT shall be provided by the Engineer as an independent contractor
and not as an employee of the City for any purpose, including but not limited to: income tax
withholding, workers’ compensation, unemployment compensation, FICA taxes, and eligibility
for employee benefits.
5.3 Insurance and Indemnification.
A. Engineer shall maintain statutory workers’ compensation insurance coverage.
B. Engineer shall procure and maintain commercial general liability insurance coverage for
protection from claims for damages because of bodily injury including personal injury, and
from claims against it for damages because of injury to or destruction of property including
loss of use resulting therefrom. The policy shall provide coverage for each occurrence in
the minimum amount of $1,000,000. The City shall be listed as an additional insured.
C. Engineer shall also procure and maintain professional liability insurance coverage for
damages arising out of the performance of services caused by a negligent error, omission
or act for which Engineer is legally liable.
D. Certificates of insurance will be provided to the City upon execution of the contract and
thereafter upon request by the City.
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E. The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold harmless
the City and its officials, agents, and employees against all damages, liabilities or costs,
including reasonable attorneys’ fees and defense costs, to the extent caused by the
Engineer’s negligent performance of professional services under this Agreement and that
of its subconsultants or anyone for whom the Engineer is legally liable.
F. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Engineer, its officers, directors, employees and subconsultants against all damages,
liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent
caused by the City's negligent acts and the acts of its contractors, subcontractors or
consultants or anyone for whom the City is legally liable.
G. Neither the City nor the Engineer shall be obligated to indemnify the other party in any
manner whatsoever for the other party's own negligence or for the negligence of others.
5.4 Opinions of Cost
A. Engineer’s opinions of probable project cost, construction cost, life cycle cost, alternative
evaluations, and considerations for operations and maintenance costs are to be made on
the basis of Engineer’s experience and qualifications and represent Engineer’s best
judgment as an experienced and qualified professional generally familiar with the
construction industry. It is recognized, however, that Engineer has no control over the cost
of labor, materials, equipment, or services furnished by others, or over contractors’
methods of determining prices, or over competitive bidding or market conditions. Engineer,
therefore, cannot and does not guarantee that proposals, bids, or actual costs will not
substantially vary from opinions of probable costs prepared by Engineer and submitted to
the City.
B. The services of Engineer with respect to total project costs shall be limited to assisting the
City in collating the various cost categories which comprise total project costs. Engineer
assumes no responsibility for the accuracy of any opinions of total project costs.
5.5 Data Practices Act Compliance: Data provided by Engineer or created under this AGREEMENT
shall be administered in accordance with the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13. If a data practices request is made to the City pursuant to
Minnesota Statutes Section 13.03, subdivision 3, upon notification by the City to Engineer of
the request, Engineer shall promptly provide the City with any information that Engineer may
have that is responsive to the request.
5.6 Use of Documents
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A. All Documents prepared and submitted by Engineer are instruments of service, and Engineer
shall retain an ownership and property interest therein (including the copyright and the right
of reuse at the discretion of the Engineer) whether or not the project or service is completed.
The City shall not rely in any way on any document unless it is submitted by the Engineer in
its final form.
B. At the time of completion or termination of this AGREEMENT or for each “TASK ORDER,”
Engineer shall make available to the City, upon request, copies of all deliverables, maps,
reports, and correspondence, pertaining to the work performed under this AGREEMENT or a
project described in a TASK ORDER. All such documents are not intended or represented to
be suitable for reuse by the City or others on extensions of the work or project or to any other
project. Any reuse without written verification or adaptation by Engineer for the specific
purpose intended will be at the City’s sole risk and without liability or legal exposure to
Engineer. In this regard, the City will indemnify and hold harmless Engineer from any and all
suits or claims of third parties arising out of such reuse, which is not specifically verified,
adapted, or authorized by Engineer.
C. In the event electronic copies of documents are made available to the City, the Engineer
makes no representations as to long-term compatibility, usability, or readability of such
documents resulting from the use of software application packages, operating systems, or
computer hardware differing from those used by the documents’ creator.
5.7 Design without Construction Phase Services: The City acknowledges that it is customary for the
Engineer who is responsible for the design of a project to be employed to provide professional
services during the construction phases of that project. Therefore, the following provisions
apply in the event that the City does not retain the Engineer for construction phase services.
The City waives all claims against the Engineer that may be connected in any way to
construction phase engineering or professional services except for those services that are
expressly required of Engineer on the project.
5.8 Conflict of Interest: The Engineer shall use best efforts in the performance of its services and
professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the City. The Engineer will not accept any client or project work that places
the Engineer in ethical conflict during its representation of the City and shall immediately notify
the City, and take necessary corrective actions, upon learning of the existence of any potential
conflict of interest. The Engineer does hereby fully disclose that Engineer is currently designated
the Town Engineer for West Lakeland Township.
5.9 Termination
A. Either party may terminate this AGREEMENT upon thirty (30) days written notice.
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B. Either party has the right to terminate any “TASK ORDER” upon ten (10) days’ written notice.
In addition, the City may at any time, reduce the scope of a “TASK ORDER”. Such reduction
in scope of services shall be set forth in a written notice from the City to the Engineer.
C. In the event of a reduction in scope of a TASK ORDER or termination of this AGREEMENT,
Engineer shall be paid for the work performed and expenses incurred thus reduced and for
any completed and abandoned work for which payment has not been made.
D. In the event of termination of a “TASK ORDER,” copies of all documents prepared by
Engineer under the authorization shall be made available by Engineer to the City, pursuant
to ARTICLE 5.5, and there shall be no further obligation of the City to Engineer under the
task order, except for payment of amounts due and owing for work performed and expenses
incurred to the date and time of termination, plus expenses incurred by Engineer to gather,
compile, copy, and transmit all documents requested by the City.
E. In like manner, if the entire AGREEMENT is terminated, copies of all remaining documents
on file with the Engineer shall also, upon request, be made available to the City pursuant to
ARTICLE 5.6 upon receipt of payment of amounts due and owing Engineer for any
authorized work, plus expenses incurred by Engineer to gather, compile, copy, and transmit
all documents requested by the City.
5.10 Controlling Law: This AGREEMENT is to be governed by the laws of the State of Minnesota.
5.11 Successors and Assigns
A. The City and Engineer are hereby bound and the successors and assigns, and legal
representatives of the City and Engineer are hereby bound to the other party to this
AGREEMENT and to the successors, assigns and legal representatives of such other party, in
respect of all covenants, agreements, and obligations of this AGREEMENT.
B. Neither the City nor Engineer may assign or transfer any rights under or interest in this
AGREEMENT, or any portion thereof, without the written consent of the other party. Nothing
contained in this paragraph shall prevent Engineer from employing such independent
professional associates and consultants as Engineer may deem appropriate to assist in the
performance of services hereunder.
C. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this
AGREEMENT to anyone other than the City and Engineer.
5.12 Dispute Resolution
FOCUS ENGINEERING, inc. - Agreement Between City of Lake Elmo and Engineer for Professional Services Page 10 of 12
514220v2 SJS LA515-1
A. The City and Engineer agree to negotiate all disputes between them in good faith for a period
of thirty (30) days from the date of notice prior to invoking other provisions of this
AGREEMENT, or exercising their rights under law.
B. The City and Engineer agree that all disputes between them arising out of or relating to this
AGREEMENT shall first be submitted to non-binding mediation unless the parties mutually
agree otherwise, thereby providing for mediation as the primary method for dispute
resolution between the parties to this AGREEMENT.
5.13 Notices: Any notice required under this AGREEMENT will be in writing, addressed to the
appropriate party at its address on the signature page and given personally, by registered or
certified mail postage prepaid, or by a commercial courier service. All notices shall be effective
upon the date of receipt.
5.14 Survival, Severability, Waiver
A. Survival: All express representations, waivers, indemnifications, and limitations of liability
included in this AGREEMENT will survive its completion or termination for any reason.
B. Severability: Any provision or part of the AGREEMENT held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue
to be valid and binding upon the City and Engineer.
C. Waiver: A party’s non-enforcement of any provision shall not constitute a waiver of that
provision, nor shall it affect the enforceability of that provision or of the remainder of this
AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above
written.
FOCUS ENGINEERING, inc. CITY OF LAKE ELMO, MINNESOTA
By _________________________________ By _______________________________ __
John (Jack) W. Griffin, P.E. Mayor
Principal / Chief Financial Officer
By ___________________________________
City Clerk
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514220v2 SJS LA515-1
EXHIBIT A
FOCUS ENGINEERING, inc.
2018-2022 Hourly Rate Schedule
Standard Hourly Rates include salaries and wages paid to personnel in each staff position plus the cost of
customary and statutory benefits, general and administrative overhead, non-project operating costs, and
operating margin or profit.
HOURLY RATES
PROFESSIONAL ENGINEERING STAFF 2018 2019 2020 2021 2022
$/HR. $/HR. $/HR. $/HR. $/HR.
Sr. Municipal Engineer III – Jack Griffin $120 $123 $123 $130 $130
Sr. Municipal Engineer II – Cara Geheren $112 $115 $115 $120 $120
Sr. Municipal Engineer I – Mark Scholle $105 $108 $108 $113 $113
Municipal Engineer III – Ryan Stempski $98 $100 $100 $105 $105
Municipal Engineer II $90 $92 $92 $97 $97
Municipal Engineer I – Chad Isakson $85 $87 $87 $92 $92
Project Engineer – Amanda Groh $72 $74 $74 $78 $78
Graduate Engineer $65 $67 $67 $70 $70
Interns $48 $50 $50 $50 $52
Construction Field Engineer
Hyperion Consulting LLC (Dave Klocker) $85 $87 $87 $92 $92
Staffing is subject to change. Names are provided for reference only.
Reimbursable Expenses Schedule
• Vehicle Mileage reimbursed at the current Federal IRS Rate. Mileage shall not be reimbursed for
any tasks performed under the General Engineering Retainer Services.
• Identifiable printing and reproduction costs when incurred in the direct performance of the City’s
work.
• Other expenses for items and services as may be required by the City to fulfill the terms of a
specific Task Order.
FOCUS ENGINEERING, inc. - Agreement Between City of Lake Elmo and Engineer for Professional Services Page 12 of 12
514220v2 SJS LA515-1
STAFF REPORT
DATE: January 2, 2018
CONSENT
AGENDA ITEM: Mountain Bike Trail Development
TO: Mayor and City Council
SUBMITTED BY: Ben Prchal, City Planner
BACKGROUND: The Parks Commission has been in the process of determining which of the Lake Elmo Parks would be best suited for the development of mountain bike trails. Staff provided information to the
Minnesota Off Road Cyclists (MORC) Trail Committee and Tim Wegner who is a trail developer. They both uniformly agreed that Sunfish was the strongest candidate and Reid Park fell into second place. None of the other parks had adequate space for trails. Tim had presented at the December Parks Commission meeting, providing information about the development process and best practices
for being multiple users, design, and being environmentally aware during the construction. Tim had stated he would construct a preliminary line drawing for Sunfish Park. After some deliberation Tim had stated he would also do a drawing for Reid Park, the total to do both parks was set at $1,500. ISSUE BEFORE COMMISSION: Would the council like to approve the expenditure of $1,500 for Trail Source to develop a line drawing for mountain bike trails in Sunfish and Reid Park? FISCAL IMPACT: At this point the fiscal impact would be $1,500 to be taken out of park dedication funds. Further cost will come with the actual construction of the trials. It was stated that cost would range close to $35,000 a mile. If the City would like to continue forward with the development we should start preparing for that investment.
OPTIONS: 1) Approve the Parks Commission request to contract with Trail Source to develop a line drawing trial map for Sunfish and Reid Park. 2) Deny the Parks Commissions Request.
RECOMMENDATION: Staff recommends that Council approve as part of tonight’s Consent Agenda the Parks Commission Request to approve the expenditure of $1,500 of park dedication funds to develop a line drawing trail
map for Sunfish and Reid Park for mountain bike trails. If removed from the Consent Agenda, the recommended motion is as follows:
“Motion to approve the Parks Commissions request to approve the expenditure of $1,500 of park dedication funds to develop a line drawing trail map for Sunfish and Reid Park for mountain bike trails.”
STAFF REPORT
DATE: January 2, 2018
REGULAR #08
AGENDA ITEM: Acting Mayor
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: Minnesota State Statute § 412.121 reads: “At its first meeting each year the council shall choose an acting mayor from the council members. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor from the city or, in case of vacancy in the office of mayor, until a
successor has been appointed and qualifies.” ISSUE BEFORE COUNCIL: Who should the Council appoint as Acting Mayor? PROPOSAL: The City Council is asked to select an Acting Mayor on the City’s behalf, should Mayor Pearson be unavailable or unable to attend a meeting, sign an agreement, or attend functions on behalf of the City.
OPTIONS: Any of the four council members may be appointed acting mayor. RECOMMENDATION: “Move to appoint Council Member _______________ as Acting Mayor for 2017, to comply with and fulfill all duties enumerated in Minn. Statute § 412.121 relating to selection of an Acting Mayor.”
STAFF REPORT
DATE: January 2, 2018
REGULAR #9
AGENDA ITEM: Fire Relief Association Board of Trustees Appointments
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: Consistent with state statute, the by-laws of the Lake Elmo Firefighters Relief Association provide that there be two officials of the City that serve on its Board of Trustees along with the fire chief. One must be an elected official and the other may be an elected or appointed official. The Council should select one of its members (as required) and one other official (either a councilmember by name or a staff position by title) to the Firefighters Relief Association Board of Trustees. ISSUE BEFORE COUNCIL: Who should the Council appoint along with the Fire Chief to the Fire Relief Board of Trustees? PROPOSAL: In the past, the Council has appointed the Finance Director or Building Official to the Board of Trustees. In 2017 Building Official Mike Bent and Council Member Lundgren were the appointed officials.
OPTIONS: As stated above, one appointment must be an elected official (Mayor or any council member) and the other may be either elected or appointed (Mayor, Council member or any staff member). RECOMMENDATION: “Move to appoint Fire Chief Malmquist, Building Official Mike Bent, and Council Member
_______________ to the Fire Relief Association Board of Trustees for 2018.”
STAFF REPORT
DATE: January 2, 2018
REGULAR #10
AGENDA ITEM: Planning Commission Appointments
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to Council approval and the requirements of the Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the Council. The Planning Commission shall consist of 7 voting members and 2 non-voting alternate members. The voting members shall be appointed for a 3-year term so that only 1/3 of the appointments
will expire on December 31 of each year. The terms of two commissioners expired 12/31/17: Todd Williams and Rolf Larson. The city notified
both individuals of their terms expiring in early December asking them to reapply if they were interested in another term. The city also advertised for applications from the general public. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Planning Commission as alternates?
PROPOSAL: With Todd and Rolf not expressing an interest in re-applying, staff would recommend the first and second alternates (Terry Emerson and Stuart Johnson) be moved to voting members for a three year term each expiring on 12/31/2020. Council may then appoint two new alternates. The following individuals have expressed an interest in being appointed to the Planning Commission: Kathy Weeks Tucker Pearce
Mardi Kiner A special Council meeting is being held at 5pm on January 2nd to interview the applicants. If Tucker Pearce
is appointed to the Planning Commission he intends to resign from the Parks Commission which would create a second opening on that body.
OPTIONS: Any two of the above individuals would be eligible for appointment to the Planning Commission.
RECOMMENDATION:
“Move to make Terry Emerson and Stuart Johnson voting members of the Planning Commission for terms ending 12/31/2020.”
AND
“Move to appoint _____________ and ___________ to the Planning Commission as alternates 1 and 2 respectively” Or take the appointments separately (2 motions)
“Move to appoint ______________ to the Planning Commission as 1st alternate” “Move to appoint ______________ to the Planning Commission as 2nd alternate”
STAFF REPORT
DATE: January 2, 2018
REGULAR #11
AGENDA ITEM: Parks Commission Appointments
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: The Parks Commission is established to review and make recommendations to the Council on the future development of city parks, including the establishment of and improvements to the parks, and to make recommendations to the Council on policies governing the maintenance and public use of the parks within
the city. The Parks Commission shall consist of 7 members and 2 alternate members. The voting members shall be appointed by the City Council for a 3-year term. The term of David Steele expired 12/31/17. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Parks Commission as 2nd alternate? If Tucker Pearce is appointed to the Planning Commission, Council would be looking to appoint a 1st and 2nd alternate. PROPOSAL: The following individuals have expressed an interest in being appointed to the Parks Commission: Virginia Pleban David Steele
Barry Weeks A special Council meeting is being held at 5pm on January 2nd to interview the applicants.
OPTIONS: Any of the above individuals would be eligible for appointment to the Parks Commission as 1st and/or 2nd Alternate. RECOMMENDATION: “Move to appoint Jean Olinger as a voting member for a term expiring 12/31/20202 and John
Mayek to a term expiring 12/31/2018 (if Pearce is appointed to the Planning Commission)” AND
“Move to appoint _____________ and ___________ to the Parks Commission as alternates 1
and 2 respectively” Or
“Move to appoint ______________ to the Parks Commission as 2nd alternate”
Staff Report
DATE: 12/19/2017 REGULAR ITEM #: 12
MOTION
AGENDA ITEM: Planning Department 2018 Work Plan
SUBMITTED BY: Emily Becker, Planning Director
REVIEWED BY: Ben Prchal, City Planner
Planning Commission
BACKGROUND:
Each year the Planning Staff and the Planning Commission prepare an annual work plan for the
Department. The 2018 work plan was reviewed by the Planning Commission in November of 2017. The Council typically reviews the work plan and provides comments as needed about Department tasks and priorities. The primary intent of the work plan is to help prioritize the projects the Planning Staff and Planning Commission will be reviewing over the course of 2018,
and to also help keep the Commission informed about the internal planning related activities and
projects that will be undertaken by the Staff over the coming year. This is a working document that provides guidance to the Commission and Council yet has the flexibility to respond to priorities as they emerge. It will also help the Commission and Planning Staff to gauge its progress at achieving some of its goals for the year.
ISSUE BEFORE COUNCIL:
Review and provide comment regarding Planning Department tasks and priorities for 2018 as needed.
OPTIONS:
1. Approve the work plan as presented
2. Amend the work plan.
FISCAL IMPACT:
Not yet specified. Certain items on the work plan may require outside assistance, such as the zoning code codification and work on a form based code. Staff will seek Council direction as appropriate prior to utilizing such assistance.
RECOMMENDATION:
Staff and the Planning Commission recommended the following motion:
“Move to accept the 2018 Planning Development Department Work Plan”
ATTACHMENTS:
1. 2018 Planning Development Department Work Plan
1
2018 Planning Department Work Plan
Prepared by the Lake Elmo Planning Commission: 11/27/17 Accepted by the City Council: _______
Key Status C – Complete IP – In Progress PL Priority Level (1-5 with 1 being the highest priority)
Project and Description PL Status
Zoning Map Amendments
• To be done after 2040 Comprehensive Plan update 2 IP
Zoning Text Amendments
• Codify Zoning Ordinance 1
• Home Occupation Ordinance 3
• Update PUD Ordinance to match OP PUD Process 2 IP
• Outdoor Lighting Ordinance Revisions 5
• Draft a form-based code to supplement the Village Mixed-Use zoning district based on the scope of work (Incorporate design
standards from the Design Standards Manual as part of a
form-based code)
5
• Resolve zoning conflicts with the Metropolitan Airports Commission, Met Council, MnDOT, and Washington County
4 IP
• Implement City airport zoning regulations for the airport safety zones within the Village Planning Area
4 IP
• Solar garden/solar power ordinance 3 IP
• Wind power ordinance 3 IP
• Sign Ord. – along freeway (10th St to I-94 area) and monument signs in development (size and number)
2 IP
• AirBNB/Bed and Breakfast Ordinance Amendment 4 IP
• Driveway Ordinance Amendment 4 IP
Subdivision Ordinance Amendments
Platting for Minor Subdivisions
• Update subdivision submission requirements 1 IP
• Prepare update to incorporate updated engineering standards 4 IP
Comprehensive Plan Amendments
2040 Comprehensive Plan Update
• Plan for possible density reductions and re-guiding land use in the Village and I-94 area to address changes in the 2015
system statement
1 IP
• Assist with the creation of a master plan for selected City
parks, provide assistance to Parks Commission as needed
3 IP
2
• Prepare CPA to guide RR and A parcels less than 20 acres in size to RE
1
• Study into modifying the Zoning Code and Comprehensive Plan to include requiring and/or incentivizing affordable
housing in sewered development
2
Other Planning Initiatives
• Submit application for new Village Parkway railroad crossing
• Develop a policy or ordinance for stormwater reuse. 3
• Add/Review Planning Module from Permit Works to track planning and zoning applications
3
• Investigate conservation easement holder options/city policy 1
• Research /develop drone policy or ordinance 2
Ongoing Planning Activities
• Planning Commission review of Capital Improvement Plan for
consistency with the Comprehensive Plan
3 IP
• Provide support to code enforcement program with the
Building Inspector as the City’s code enforcement officer
3 IP
• Conduct review of 201 (community) septic system policies and management practices. Develop system for proper oversight, billing, and maintenance of community systems.
3 IP
• Archive older zoning files 4 IP
• Streamline & Improve Policies/Procedures for the handling of routine land matters including but not limited to variances, site plan review, setbacks et al;
1 IP
STAFF REPORT
DATE: January 2, 2018
REGULAR #13
AGENDA ITEM: Parks Commission Work Plan for 2018
TO: Mayor and City Council
SUBMITTED BY: Ben Prchal, City Planner
BACKGROUND: Each year the Planning Staff, Public Works Director, and the Parks Commission prepare an annual work plan for the Department. The 2018 work plan was reviewed by the Parks
Commission in December of 2017. The Council typically reviews the work plan and provides
comments as needed about Department tasks and priorities. The primary intent of the work plan is to help prioritize the projects for Planning Staff and Public Works throughout the course of 2018, and to also help keep the Commission informed about the internal planning related activities and projects that will be undertaken by the Staff over the coming year. This is a
working document that provides guidance to the Commission and Council yet has the flexibility
to respond to priorities as they emerge. It will also help the Commission and Planning Staff gauge its progress at achieving some of its goals for the year. The document presented contains final drafted language for the Parks Work Plan for 2018.
ISSUE BEFORE COMMISSION: Review and provide comment regarding Planning Department and Public Works tasks for the Parks Work Plan for 2018?
PROPOSAL DETAILS/ANALYSIS: A copy of the Park Work Plan for 2018 is included in your packet. It includes projects that do have a cost associated with them and are outlined in the Capital Improvement Plan. The work plan includes 23 separate projects, the cost of these projects is slightly dependent upon the
Public Works budget as well as the funds which have been reserved for Capital Improvements. Projects can range from updating/refurbishing, policy creation, and research related tasks to provide information for decision making.
FISCAL IMPACT: Park Maintenance and Refurbishing Cost set in Public Works Budget Demontraville Park $75,000 – Grading and new Back Stop Reid Park $25,000 – Widening of Trails/Other Amenities Tablyn Park $55,000 – Improvements on Lighting and Parking
TOTAL 2018 IMPROVEMENT COST $155,000 OPTIONS: 1) Approve the Parks Commission Work Plan for 2018 as presented
2) Amend and then Approve the Work Plan for 2018 RECOMMENDATION:
“Motion to approve the Parks Commission Work Plan for 2018”
ATTACHMENT: Draft Parks Commission Work Plan for 2018
2018 Parks Commission Strategic Plan of Work
The City of Lake Elmo Park Commission has affirmed their overall goals to be:
1) Ensure that our parks and trail system are constructed / maintained.
2) Provide recreational amenities that will attract more taxpayer use of public lands.
3) Create a safe environment in all our parks.
4) Serve as a review body to make sure the “open space” character development is preserved in new
developments.
With the broader priorities defined, the 2018 Park Commission Strategic Plan of Work has been broken
down into six segments: Planning & Policy; Park Development & Equipping; Maintenance &
Refurbishing; Nature & Conservation; Park Awareness; and Finance.
Status and Timeline (projected months in which project will be brought to Parks Commission meeting)
are also indicated in order to better manage goals and objectives.
Planning and Policy
Assess future park needs.
Project Specific Tasks Status Timeline
Work with the County
on updating the Central
Greenway Trail Master
Plan.
• Recommend alternative routes for
regional trail, as CSAH 17 in downtown
Lake Elmo may no longer be best route,
and County now has jurisdiction over Co.
Hwy. 5.
SRF was selected to
develop the Master
Plan
John Mayek – was
chosen to represent
the Lake Elmo
County has yet to
determine hard
dates – expected to
start in December
2017 into 2018
Update City Trail Plan • Work with staff on outlining missing trail
connections in order to create a plan
that can effectively communicate to
developers planned trails within the
City.
• Part of Comp Plan 2040 update.
• Review master City Trail plan
In Progress Dependent on
consultant
timeline
Work on the Parks and
Open Space component
of the 2040
Comprehensive Plan
update.
• Work with staff and consultant to gain
public input on Parks and Open Space component of Comprehensive Plan.
• Consider recommendations from Staff
and consultant based on community
input sessions.
• Make recommendation to Council on
specific changes needed to
Comprehensive Plan.
In Progress per the
CPAP meeting on
September 27th
Dependent on
consultant
timeline
Mountain Biking Within
Parks • Assess Lake Elmo Parks for
biking/mountain biking
Communicating
with 3rd party for
parks assessment
Ongoing
Development Review • Continue to make recommendations on
development applications with a focus
on proper equipping of parks and
available park funding.
• Look at/have available 5 year CIP
Ongoing Ongoing
Adopt a park program. • Establish maintenance standards to
follow when a park adoption takes place
In progress Ongoing
Timeline for Park
Master Plan • Receive updates on status of drafted
plan
Ongoing Dependent on
consultant
Park use plan • Revisit and update the plan Ongoing As needed
Look for Grant
Opportunities • Look for grant opportunities that aide in
development of parks within the City.
Ongoing Ongoing
Development & Equipping
Begin work on approved projects (those in the Capital Improvement Plan or have received a form of funding
approval).
Project Specific Tasks Status Timeline
Demontreville Park • $75,000 to new field, grade existing
field, and add new back stop
• Search for grant opportunities – such
as Fields for Kids
Draft 2018-2022
CIP
2018
Lions Park Renovation • Assess viability of building a pavilion/warming house
• Phase 2 – add pavilion and tables but
only if donated
Active, Draft 2018-
2022 CIP
To be completed
2018
Phase 2 – 2018-
2022 plan
Reid Park • $25,000 for the widening of trails
• Take in grant moneys or in-kind
donations for mountain bike trails
Draft 2018-2022
CIP
Planned for 2018
Tablyn Park • Address lighting and parking issues -
$55,000 (Phase 1)
Draft 2018-2022
CIP
Phase 1 – 2018
Maintenance & Refurbishing
Maintain and upgrading park facilities in a manner that increases park use for a relevant experience.
New soccer and tennis
nets, add benches and
garbage cans.
• Public works to carry out maintenance. Recommended by
Public Works
July
Move play equipment
at Ridge Park to higher
area that does not have
standing water.
• Public works to carry out maintenance. Recommended by
Public Works
July
Pickleball • Refurbish current tennis courts to
accommodate pickleball
In Progress as of
10.16.17
Unknown
Park needs assessment • To be completed by public works staff Ongoing On going
Nature & Conservation
Mission Statement: To promote the open space character and commitment to the environment via nature
observation amenities and targeted conservation programs.
Project Specific Tasks Status Timeline
Sunfish Lake Forest
Management Plan • Break down plan in to measurable goals
Phase 1 north and Phase 2 south
• Implement plan.
In motion as of
10.16.17
2018
Sally Manzara Nature
Center • Provide support as detailed in the
agreement.
In Progress On going
Park Awareness
Mission Statement: To promote the utilization of City Parks.
Project Specific Tasks Status Timeline
Create a park
awareness plan.
• Special events, publications, website
update, e-blasts
• Public input sessions for Comprehensive
Plan updates and adding new uses into
the current parks
As needed As needed
Finance
Mission Statement: To effectively spend parkland dedication funds to meet the objectives of each year’s
Strategic Plan of Work while maintaining a minimum fund balance of $100,000.
Project Specific Tasks Status Timeline
Update Capital
Improvement Plan if
needed to accomplish
goals outlined herein.
• Reassess funding priorities as needed. As needed May/June 2018
Provide quarterly
budget for Parks
Committee meetings
• Provide financials for the funds which
are being received and spent on a
quarterly basis
Provided Quarterly Ongoing
STAFF REPORT
DATE: January 2, 2018
REGULAR
ITEM #14
TO: Honorable Mayor and City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: 2018 Finance Committee Work Plan REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND: Each year, staff and the Finance Committee prepare an annual work plan for financial related City initiatives and goals. The Finance Committee reviewed the 2018 work plan in November of 2017. The City Council typically reviews the work plan and provides comments as needed about tasks and priorities. The primary intent of the work plan is to help prioritize the initiatives and goals related to City related financial matters over the course of 2018. In addition, this plan helps keep the Finance Committee informed about the internal planning related activities and projects that will be undertaken by the staff over the coming year. This is a working document that provides guidance to the Finance Committee and
City Council yet has the flexibility to respond to priorities as they emerge. It will also help the Finance Committee and staff to gauge its progress at achieving some of its goals for the year.
ISSUE BEFORE THE CITY COUNCIL: Does the City Council have any amendments, comments or questions regarding the attached 2018 Finance Committee Work Plan?
DISCUSSION: Subsequent to the approval of the 2018 Finance Committee Work Plan, below are additional items for consideration in 2018: 1) Possible reestablishment of the EDA and issuance of lease revenue bonds for facility purchase. 2) Assessment Policy revision 3) Request for Proposal for Audit Services and Bond Counsel FISCAL IMPACT: Certain items on the work plan may require outside assistance and costs, such as implementation of credit card and on-line payment options. As items or projects materialize, staff will seek direction, as appropriate prior to utilizing such assistance.
OPTIONS: 1) Accept the 2018 Finance Committee Work Plan. 2) Amend and then Accept the 2018 Finance Committee Work Plan
RECOMMENDATION: “Motion to approve the 2018 Finance Committee Work Plan.”
ATTACHMENTS: 1) 2018 Finance Committee Work Plan
2018 Finance Committee Plan of Work
Meeting Date Project/Task Priority
(1-5, with 1 being highest)
January Discussion on Components of
Long Range Plan for General
Fund
1
WAC/SAC Review 2
Election of Officers 1
February Park Dedication Fund Policy 2
Purchasing Policy Review 2
March 2018 Bonding Projects 1
Credit Card and Online Payment
Options
1
April General Fund Long Range Plan
Update
1
Utility Pro Forma Update 1
1st Quarter Financials 1
May 2017 Audit 1
June 2019-2023 CIP 1
Finalize Assumptions for
General Fund Long Range Plan
July 2019 GF Operating Budgets 1
2nd Quarter Financials 1
Utility Pro Forma Update 1
August 2019 GF Operating Budgets 1
2019 Utility Budgets 1
2019-2023 CIP 1
September 2019 Utility Budgets 1
October 3rd Quarter Financials 1
2019 Fee Schedule
Utility Pro Forma Update 1
November 2019 Work Plan 1
2019 Fee Schedule 1
December
STAFF REPORT
DATE: January 2, 2018
REGULAR
ITEM #: 15
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Sign Regulations
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND: The City Council discussed the Sign Ordinance at its June 13, 2017 workshop. Areas of concern included the area allowed for signs along the freeway (10th Street to the I-94 area) and monument signs in development (the size and number allowed). The Planning Commission then reviewed the City’s Sign Ordinance at its August 14, 2017 and
November 27th, 2017 meetings. A public hearing was held on December 11, 2017. The Council discussed the sign ordinance amendments at its meeting on December 19, 2017, but the motion to adopt the Resolution approving the amendments was not passed with a vote of 2-2. ISSUE BEFORE THE COUNCIL:
The Council is being asked to review proposed ordinance amendments and adopt Ord. 08-192 approving amendments as well as Resolution 2018-004 authorizing summary publication of Ord. 08-192.
REVIEW/ANALYSIS: The proposed ordinance amendment includes the following changes:
• Allows subdivision signs to be located within a public right-of-way provided an encroachment and license agreement is obtained.
• Allows direction signs to places of worship, schools, parks, and public buildings to be
located within the right-of-way provided they do not exceed four feet in size and approval
from the road authority is obtained.
• Subdivisions are allowed up to one subdivision identification sign per entrance instead of two as previously allowed.
• The maximum size allowed for subdivision identification signs has been changed from 24
square feet to 32 square feet for the main entrance and 24 square feet for all other signs.
• The table indicating allowable sign square footage has been reformatted slightly to classify
the allowable size of signs by the street type to which the sign is adjacent (local, collector, minor arterial, or principal arterial street) instead of the speed limit and number of lanes on the street.
• In lieu of a ground sign meeting underlying zoning requirements, properties located south
of 5th Street and north of I-94 may have one ground sign up to 30 feet in height and up to 250 square feet in size when within 50 feet of the property line nearest I-94. The base of the sign shall be constructed of materials that match those used on the building for which the sign is installed.
• Allows pylon signs by allowing signs erected on properties south of 5th Street and north of I-94 to be exempt from the requirement that pole signs are prohibited unless the pole portion is enclosed in a shroud causing sign to appear to have a monolithic base. Public Hearing. During the public hearing that was held on December 11, 2017, one member
from the public spoke. She explained that billboard signs are generally 600-700 square feet, and so the Commission should consider recommending a larger size for signs along I-94 in order to increase business visibility, thereby encouraging business prosperity within Lake Elmo. FISCAL IMPACT: A number of variance requests have been made for larger signs in the area south of 10th Street to I-94, and requests have been made by some developers to have more subdivision identification signs. These variance
requests or requested flexibility through the Planned Unit Development process generate revenue but also take up a significant amount of Staff time. Further, allowing better visibility from I-94 for businesses may attract a better business base in this corridor.
OPTIONS: The Council may: - Make amendments to Ord. 08-192 and adopt Ord. 08-192 as amended as well as Summary Publication Resolution 2018-004. - Adopt Ord. 08-192 as presented by staff and Summary Publication Resolution 2018-004. - Do not adopt Ord. 08-192 or Summary Publication Resolution 2018-004.
- Table the item for a future meeting. RECOMMENDATION: Staff and the Planning Commission recommend that Council adopt Ord. 08-192 approving proposed amendments to the City Sign Regulations.
“Move to adopt Ord. 08-192 approving proposed amendments to the City’s Sign Regulations.” Additionally, Staff also recommends that Council adopt Resolution 2018-004 authorizing Summary Publication of Ord. 08-192.
“Move to adopt Resolution 2018-004 authorizing summary publication of Ord. 08-.” ATTACHMENTS:
• Ord. 08-192
• Resolution 2017-141 Authorizing Summary Publication of Ord. 08-192
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-192
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING THE CITY’S SIGN REGULATIONS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article VII: General Regulations; Section 154.212: Sign Regulations; Subd.
(F) (2) (b) by amending the following:
b. Signs on Public Property. No sign shall be located within or across any public right-of-way,
or on any public property, easement, or utility pole, except for:
i. A sign erected by, or required by, a government agency or temporarily erected to
protect the health and safety of the general public;
ii. A sign erected in conformity with subparagraph (a.ii) of this subsection.
iii. Subdivision identification signs, provided an encroachment and license agreement is
obtained from the appropriate jurisdiction.
iv. Directional signs to places of worship, schools, parks and public buildings within the
City not to exceed four square feet subject to the approval of the road authority. Not
more than three directional signs are allowed for each building location.
SECTION 2. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article VII: General Regulations; Section 154.212: Sign Regulations; Subd.
(G) (1) (c) by amending the following:
c. Subdivision Identification Signs
i. Number. Each residential subdivision is allowed up to a maximum of two (2) one
subdivision identification signs per subdivision entrance. For the purposes of this
section, residential subdivision shall include all phases of approved staged
developments.
ii. Location. Subdivision identification signs shall be located near entrances to the
subdivision, except that one sign may be located along an abutting arterial or
major collector roadway.
iii. Size. The maximum size for a subdivision identification sign is 32 square feet at a
subdivision’s main entrance and twenty four (24) square feet for all other
locations.
iv. Setback. Subdivision identification signs and support structure shall maintain a
setback of at least ten feet from any street right-of-way. Signs as well as support
structures within a center island shall maintain a setback of at least five feet from
the curb and are subject to regulations set forth by 154.212 (F) (2) (b) of this
Chapter.
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SECTION 3. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article VII: General Regulations; Section 154.212: Sign Regulations; Subd.
(H) (2) by amending the following:
Table 5-3 Ground Signs
Table 5-3 describes the zoning districts in which ground signs may be displayed, and the
maximum height and area of the signs, as determined by street classification (as designated in the
Lake Elmo Comprehensive Plan) of the closest street to which each free standing sign is located.
For ground signs on zoning lots with more than one street frontage, use the higher street
classification to determine the maximum height and area allowed. Businesses that are located on
a road designed to provide safe access to minor arterials and principal arterials shall be permitted
to erect a freestanding sign up to the determined maximum height and size allowable for a
freestanding sign on said minor arterial or principal arterial road to which it is adjacent.
Table 5-3 Ground Signs
Zoning District Aa, LDR, OP,
RE, RS, RRa,
RTa
MDR, HDR BP, C, CC, GB,
LC, VMX
No. of Total Traffic
Lanes
Speed Limit (MPH) Max Height/Area
(Sq. Ft.)
Max Height/Area
(Sq. Ft.)
Max Height/Area
(Sq. Ft.)
1-3 Local Street 0-34 - 6’/32 10’/32 40
35-44 - 6’/32 10’/50
Collector Street 45+ - 6’/32 10’/72 50
4-5 Minor Arterial 0-34 - 6’/32 10’/40 64
35-44 - 6’/32 10’/64
Principal Arterialb 45+ - 6’/32b 12’/80b
Notes to Table 5-3:
a. Ground signs are only permitted in the A, RR, and RT districts in conjunction with
agricultural sales business.
b. In lieu of a ground sign meeting underlying zoning requirements, properties located south
of 5th Street and north of I-94 may have one ground sign up to 30 feet in height and up to
250 square feet in size when within 50 feet of the property line nearest I-94. The base of
the sign shall be constructed of materials similar to those used on the building for which
the sign is installed.
SECTION 4. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article VII: General Regulations; Section 154.212: Sign Regulations; Subd.
(D) (1) by amending the following:
1. Permit Required. Except as provided in this Section, it shall be unlawful for any
person to place, erect, alter or relocate within the city, any sign without first
obtaining a permit from the Planning Director Planning Department and making payment of
all fees as required by the City’s Fee Schedule. This subsection shall not be interpreted to
require a permit for a change of copy on a changeable copy sign, changing
occupant sign panels on a directory sign, repainting, cleaning, or other normal
maintenance and repair of any existing sign or its structure as long as the sign
copy does not change.
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SECTION 5. The City Council of the City of Lake Elmo hereby amends Chapter 154:
Zoning Code; Article VII: General Regulations; Section 154.212: Sign Regulations; Subd.
(H) (c) by amending the following:
c. Type of Sign. Any permanent ground sign shall be erected as a monument sign. Pole signs are
prohibited unless the pole portion of the sign is enclosed in a shroud that causes the sign to appear to
have a monolithic base or support structure of any material measuring no less than one-third (1/3) of
the greatest width of the sign at any point or unless the height is no greater than three (3) feet. This
provision does not apply to signs erected on properties located south of 5th Street and north of I-94.
The base of the monument sign shall not exceed the width of the widest portion of the sign face by
more than twenty-five percent (25%).
SECTION 5. Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
SECTION 6. Adoption Date. This Ordinance 08-192 was adopted on this 2nd day of January
2018, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ was published on the ____ day of ___________________, 2018.
CITY OF LAKE ELMO
RESOLUTION NO. 2018-004 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-192 BY TITLE AND SUMMARY
WHEREAS, the City Council of the city of Lake Elmo has adopted Ordinance No. 08-192,
an ordinance amending the Lake Elmo City Code of Ordinances by amending the City’s Sign
Regulations; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Administrator shall cause the following summary of Ordinance No. 08-192 to be
published in the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted the following changes Section 154.212:
Sign Regulations; of Article VII: General Regulations; of Chapter 154: Zoning Code, of the City Code of the City of Lake Elmo:
• Subdivision signs may be located within a public right-of-way provided an encroachment
and license agreement is obtained.
• Direction signs to places of worship, schools, parks, and public buildings may be located within the right-of-way provided they do not exceed four feet in size and approval from the road authority is obtained.
• Subdivisions are allowed up to one subdivision identification sign per entrance.
• The maximum size allowed for subdivision identification signs is 32 square feet for the
main entrance and 24 square feet for all other signs.
• The table indicating allowable sign square footage has been reformatted slightly to classify the allowable size of signs by the street type to which the sign is adjacent (local, collector, minor arterial, or principal arterial street).
• In lieu of a ground sign meeting underlying zoning requirements, properties located south of 5th Street and north of I-94 may have one ground sign up to 30 feet in height and up to 250 square feet in size when within 50 feet of the property line nearest I-94. The base of the sign shall be constructed of materials that match those used on the building for which
the sign is installed.
• Signs erected on properties south of 5th Street and north of I-94 are exempt from the requirement that pole signs are prohibited unless the pole portion is enclosed in a shroud causing sign to appear to have a monolithic base.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City.
Dated: January 2nd, 2018. ___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________ Julie Johnson, City Clerk (SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same: ______________________
Whereupon said resolution was declared duly passed and adopted.