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06-07-2011 CCMP
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo. Minnesota June 7, 2011 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston Emmons, Park Pearson Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. ACCEPT MINUTES: 1. Accept May 17, 2011 City Council Minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. Dave Engstrom, Friends of Washington County — Update on landfill Siting Process CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll J. REGULAR AGENDA: 3. Draft ,Amendment to Fence Ordinance — ORD. 08-044 S.: RES. 2011-021 4. Kindred Court Drainage Corrections: Approve plan and order design 5. Public Meeting: Annual Municipal Separate Storm Sewer System (MS4) Report for 2010 and accept MS4 Annual Report 6, Roles, Responsibilities and Functions of Subcommittees 7. Yellow Ribbon Network: Resignation of Jennifer Pelletier 8. Lake Elmo Avenue Infrastructure Project from 1-94 to 30'1' Street: Update on Easement Costs 9. Commercial Water Rate - Discussion K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • City Engineer • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting. * * City of Lake Elmo City Council Meeting Minutes May 17, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, and Smith Also Present: Administrator Messelt, Attorney Snyder, and City Engineer Crriffin, Planning Director Klatt, Finance Director Bouthilet and City Clerk Lumby. APPROVAL OF AGENDA: MOTION: Council Member Pearson moved to approve the May 17, 2011 City Council Agenda as amended. Move Agenda Item No 11 to Consent and Item No. 6 to the Regular Agenda. Move Agenda Item No. 13 to workshop. Council Member Park seconded the motion. The motion passed 5-0. ACCEPTED MFNUTES; The May 3, 2011 City Council minutes, as amended, were accepted by consensus of the City Council. PUBLIC COMMENTS: David Moore, 8680 Stillwater Blvd., made Council aware of a vacant house in disrepair located on 10th Street and Inwood Avenue N. Planner Klatt will follow-up on complaint. CONSENT AGENDA: MOTION: Council Member Park moved to approve agenda items Nos. 2, 3, 5, 7, 8, 9, 10 & 11 as presented on the Consent Agenda. Council Member Pearson seconded the motion. The motion passed 5-0, • Approve Payment of Disbursements and Payroll in the amount of S247,137.15 • Approve Resolution No. 2011-019, Accepting the Bids and Awarding a Contract to Pearson Brothers, Inc. for the 2011 Seal Coat Project per the Engineer Letter of Recommendation for the Award of the Contract • Approve the one -day temporary liquor license (June 25, 2011) to Michael Swanson, Team Ortho Foundation, Inc. to serve beer at Green Acres located at 8989 55th StreetN, Approve the hiring of Logan Weir for Temporary Seasonal Employment at the same pay rate as 2010 Authorize contract with Miller Excavating for the Sunfish Lake Parking Lot Improvements for S3,060.00 LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 Approve Easement Encroachment Agreement for 5769 Linden Avenue N. to install a retaining wall within a drainage and utility easement Approve Easement Encroachment Agreement for 9590 Whistling Valley Trail to install a fence within a drainage and utility easement Authorize the City to enter into a contract with Coverall of the Twin Cities for cleaning services for City Hall and City Hall Annex REGULAR AGENDA: Appointment to the Maintenance Advisory Committee MOTION: Council Member Smith moved to appoint David Moore, 8680 Stillwater Blvd. N. to the Maintenance Advisory Committee. Council Member Emmons seconded the motion. The motion passed 5-0. Approve Resolution No. 2011-020 granting a 50' variance to allow a septic system to be built at 8242 Hidden Bay Trail with conditions The City Council was asked to consider a variance request to allow a septic syst4m to be constructed 25-feet from the Ordinary High Waterline of Olson Lake, where a 75 foot setback is required at 8242 Hidden Bay Trail. The Planning Commission unanimously recommended approval of this variance. In 2002, a variance was approved for home and garage additions with two conditions. One condition was deletion of the proposed second driveway access for the lower garage stalls. The 2011 proposed septic plan still shows two driveways, but one is gravel. The City Planner will review if there be enough room for a septic system if one driveway was removed. MOTION: Council Member Smith moved to approve Resolution No. 2011-020 granting a 50-foot variance to allow a septic system to be built at 8242 Hidden Bay Trail. Council Member Park seconded the motion. MOTION: Council Member Emmons moved to amend the motion contingent on staff verifying past requirements have been addressed. Council Member Smith seconded the motion. The motion passed 5-0. MOTION: Council Member Smith moved to approve Resolution No, 2011-020 granting a 50-foot variance to allow a septic system to be built at 8242 Hidden Bay Trail contingent on staff verifYing past requirements have been addressed. Council Member Park seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 2 Authorize Contracting for Professional Services for HR/Organizational & Personnel - Related Matters On April 19th 2011 the City Council directed staff to re-advertize the RFP. The RFP was posted on the League of MN Citieswebsite. Three additional proposals were received. The City Council was requested to authorize a contract for Professional Services to address certain organizational and personnel -related matters, as recommended by the Personnel Subcommittee. The project is of limited scope and sufficient budgetary resources exist within the current annual budget to cover the anticipated cost, The Personnel Committee reviewed and rated the four proposals submitted: Baker Tilly, Springsted, Laumeyer, and Flaherty & Hood. Springsted Inc. was rated the highest. MOTION: Council Member Smith moved to authorize the Mayor and City Administrator to contract with Springsted, Inc. fOr Professional Services to address certain organizational and personnel related matters at a cost not to exceed $7, 250 with the initial report from the Springsted study be sent to the City Administrator as well as Council Member Smith, Budget/Finance Subcommittee Member, and Council Member Emmons, Personnel Subcommittee Member. The motion passed 4-1 (Mayor Johnston voting against). Commercial Water Rate Review The City Council was asked to discuss staff s evaluation of proposed alternatives to the City's water rate structure to potentially address identified concerns with respect to large commercial water users. Some of the identified potential alternatives to Conservation Rates include the following: Seasonal Rates, Individualized Goal Rate (Water Budget Rate), and Excess Use Rates Of the alternatives identified, staff recommended Council consideration of continuing with a modified existing rate structure, but perhaps capping the gallons used to 150,000 gallons. All domestic water consumed above 150,000 gallons would revert to the City's Bulk water rate of $3.26/one thousand gallons. Staff suggested that the domestic water customer would have to demonstrate little or no irrigation use or install a separate irrigation meter. The new commercial structure would be as follows: 0 - 15,000 gallons $3.11 15,002 - 30,000 gallons $3.26 30,001 - 50,000 gallons $3.77 50,001 - 80,000 gallons $5,00 80,001 - 150,000 gallons S6.63 150,000+ $3.26 (Domestic, non -irrigation usage only) LAKE ELMO CITY COUNCIL, MEETING MAY 17, 2011 Under this scenario, nine customers are identified as potentially benefitting from a domestic cap at 150,000 gallons. The net revenue reduction would be $5,258.30 to the Utility for the utilized September 2010 billing period, or an approximate 9.7% reduction in revenues for that period. Moe French, Wildwood Lodge and Machine Shed, provided water rates from surrounding communities and asked Council to consider they are competing with other businesses and implement incentive for irrigation. Ms. French stated Wildwood would like to pay their water bill, but are waiting for somebody to inform them if the lower rates would be retroactive. John Schiltz, Lake Elmo Inn, stated it's not the commercial businesses' fault the City has not developed and added more water users, He stated commercial business in Lake Elmo pay high enough taxes and asked the Council to look at the rates the surrounding communities charge. After Council discussion, the Council asked Ms. French to submit her background information to the Council so they can review and discuss it at the May 24th workshop, MOTION; Council Member Smith moved to table this item until the May 24th City Council Workshop. Council Member Pearson seconded the motion. The motion passed 5-0. Update on Library Service Considerations This item has been scheduled at the request of the Council in order to keep the Council and Community abreast of efforts to retain and enhance library services for the City. On May 9th, City staff met with County and Library representatives to discuss ongoing concerns over likely cuts in State assistance potential repercussions for the Library system and the Rosalie E. Wahl Library. Council Member Smith had talked to Molly O'Rourke, Deputy Administrator for Washington County, who was willing to come and discuss library services for the City. According to Ms. O'Rourke, funding of boutique libraries is still included in the county budget; however the unknown level of state revenues this year could cause additional cuts in expenditures. The Council discussed the key timelines to consider: • July ist — Notification to Washington County to allow them to create new taxing districts • September — City must establish levy amounts for preliminary budget • December City must adopt final levy and budget LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 4 City Attorney Snyder provided information from a legal prospective if the City wants to establish and maintain a public library service. MOTION: Council Member Emmons moved to explore the CO) pulling out of the Washington County system and establishing a municipal library authority and direct city staff to work on a business plan for a municipal library that could operate within available funds ($248, 000)from current levy amount. Mayor Johnston seconded the motion. The motion passed 3-2 (Council Member Smith and Pearson voted against because it was a waste of staff time fbr pursuing the business model for an independent library because residents rely heavily on other libraries throughout the system.) Lake Elmo Avenue Infrastructure Project —1-94 to 30th — Resolutions Accepting Bids and Awarding a Contract The City Council was requested to consider approving a Resolution accepting bids and awarding the contract for the Lake Elmo Avenue Infrastructure Project, 1-94 to 30th Street, TKDA provided a bid tabulation worksheet and a letter of recommendation for the award of the contract. The contract documents allow the City to retain these bids together with their bid security for a period of 60 days (June 19, 2011), before the City must either award the project or reject all bids. Administrator Messelt, reported the City received official notification from the Metropolitan Council stating they have extended the intermediate deadlines for sewered development to December 31, 2014. Permanent and temporary utility easements are required from nine separate parcels under the ownership of six property owners. City Attorney Snyder and City Engineer Griffin reported that Trans City Investments has no interest in easement dedication without compensation and Cimarron has not agreed to negotiate with the City. The consensus of the Council was in order to make an informed decision on the proposed project, it needed to know the cost for obtaining utility easements on the impacted properties, MOTION: Mayor Johnston moved to direct staff to pursue an appraiser at a cost of $3,000-$5,000 to estimate the cost for obtaining easements on the impacted properties. Council Member Smith seconded the motion. The motion passed 5-0. City Council Reports: Administrator Messelt reported on his meeting with Peter Tiffany regarding five data points on the MPCA/Washington County Landfill Remedial Project. Messelt has asked Ryan Stempski and Carol Kriegler to work with Mr. Tiffany. LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 5 Jack Griffin, City Engineer, reported on the outstanding items in the Sanctuary development, plus addressed the decisions that were made in regard to other items that some residents perceived as incomplete, i.e., the park. Griffin also gave a status update on Prairie Hamlet. City Planner Klatt introduced Nick Johnson, Planning Intern for 2011, The City Council adjourned the meeting at MO p.m. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 6 CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: 06/07/2011 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of $ 230,685.50 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $230,685.50 No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. I Claim Amount I ACH $ 7,266.61 ACH $ 1,267.03 ACH $ 3,912.16 DD3346 — DD3372 $ 24,141,43 37088 — 37095 $ 3,339.09 37096 — 37097 $ 159.36 ACH $ 7,935.71 ACH $ 1,251.09 ACH $ 3,903.41 DD3373 — DD3393 $ 21,036.14 37098 - 37107 $ 24,236.79 37108 37109-37161 TOT- $ 115.30 $ 132,121.68 230,685.80 Desenpt1O Payroll Taxes to IRS 05/19/2011 Payroll Taxes to MN Dept. of Revenue 05/19/2011 Payroll Retirement to PERA 05/19/2011 Payroll Dated 05/19/2011 (Direct Deposit) Payroll Dated 05/19/2011 Replace Voided Check # 37026 Payroll Taxes to IRS 06/02/2011 Payroll Taxes to MN Dept. of Revenue 06/02/2011 Payroll Retirement to PERA 06/02/2011 Payroll Dated 06/02/2011 (Direct Deposit.) Payroll Dated 06/02/2011 AR Dated 06/02/2011 Refund P/R Wisc. Tax Accounts Payable Dated 06/07/2011 — page 1 -- City Council Meeting Approval of Disbursements June 07, 2011 Consent Agenda Item #2 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of 230,685.80 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the June 7th, 2011, Disbursements, as presented fand modified] herein." ATTACHMENTS: 1. Accounts Payable Dated 06/07/2011 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Apenda).• - Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor Facilitates Action on Motion Mayor & City Council page 2 -- Accounts Payable To Be Paid Proof List User: JOAN Z Printed: 06/02/2011 - 12:45 PM Batch: 006-05-2011 Invoice # Inv Date 10 STAR 10 Star Hotne Builder CHK Req 05/26/2011 601-000-0000-37150 Water Connections - Municipal CHK Req Total: 10 STAR Total: ABDO Abdo Eick & Meyers. LLP 27972 I 05/06/2011 10J-410-1520-43010 Audit Services 279721 Total: ABDO Total: AMPLAN American Planning Association 169915-101107 02/22/2011 101-410-1910 44330 Dues & Subscriptions 169915-1011 07 Total: 240871-101107 02/02/2011 101-4104910-44330 Dues & Subscriptions 240871-101107 Total: AMP LAN Total: ANCOM ANCOM COMMUNICATIONS, INC. 22312 05/13/2011 101-420-2220-43230 Radio 22312 Total: 22489 05/20/2011 101-420-2220-43230 Radio 22439 Total: 22515 05r20/2011 101-420-2220-43230 Radio 22515 Total: AP - To Be Paid Proof List (06/02/11 - 12:45 P Amount Quantity Pmt Date Description Reference Task 3,900.00 3,900.00 3.900.00 16,550.00 16,550.00 16,550,00 190.00 190.00 325.00 325.00 515.00 311.25 31125 2,869.88 2,869.88 56_64 56.64 0.00 06/0.7/2011 Refund WAC Charge 8945 27th Street 0.00 06/07/201 1 Final Payment for Audit Service 2010 0.00 06/07/2011 APA and ivInAPA Membership - Matzek 0.00 06/07/2011 APA & MnAPA Membership- K 0.00 06/07/2011 Radio charger & Antennas 0,00 06/07/2011 5 -Nei# MinitOr V pagers Replace Plan 0.00 06/07/2011 Replacement Pager Batteris Type PO # Close POLine # No No 0000 0000 No 0000 No MOO No 0000 No 0000 No 0000 Page I Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # ANCOM Total: 3237,77 ARAM Aramark, Jn 629-7231984 06/01/2011 21.29 0.00 06/07/2011 Uniforms 101-430-3100-44110 Uniforms 629-7231984 Total: 21.29 629-7236780 05/05/2011 21.29 0.00 06/071201 Uniforms 101-430-3100-44170 Uniforms 629-7236780 05/05/2011 26.61 0.00 06/07/2011 Soap 101-430-3100-42150 Shop Materials 629-7236780 Total: 47.90 629-7241451 05/12/2011 21.29 0.00 06/07%2011 Uniforms 101-430-3100-44170 Uniforms 629-7241451 Total: 21.29 629-7243212 05/16/2011 75.99 0.00 06/07/2011 MonthlyRugServiceStatioa#2 101-420-2220-44010 .RepairsfMaint Bldg 629-7243212 Total: 75.99 629-7243213 05/16/2011 75.31 0.00 06/07/2011, Monthly Rug Service Station #1 101-420-7720-44010 Repairs/Maint Bldg 629-72432(3 Total: 75.31 629-7246185 05/19/2011 21.29 0.00 06/07/2011 Uniforms 101-430-3100-44170 Uniforms 629-7246185 Total: 21.29 629-7247938 05/23/2011 115.70 0.00 06/0712011 Linen City Hall 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7247938 Total: 115.70 629-7247939 05/23/2011 52.40 0.00 06/07/2011 Linen City Hall Annex 101-410-194044010 Repairs/Maint Contractual 13)dg 629-7247939 Total: 52,40 ARAM Total: 01.17 ASPENMI Aspen Mills, Inc. 108230 05/09/2011 132_47 0.00 06/07/2011 Uniform 1tems, Stev 101-420-2220 44170 Uniforms 108230 Total: 132.47 ASPENMI Total: 132.47 B1FFS Biffs Multiple 05/04/2011 577.98 0.00 06/07/2011 PortableRestrooms 101-450-5200-44120 Rentals - Buildings Multiple Total: 577.98 AP - To Be Paid Proof List (06/0241 - 12:45 PM) u ski No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description. Reference Task Type PO # Close POLine # BIFFS Total: 577,98 C&J CONS C & J Consulting Services, LLP May 2011 06/02/2011 2,212.50 0.00 06/07/2011 Monthly Aectg Services - May 7011 No 0000 101-410-1520-43150 Contract Services May 2011 Total: 7,212.50 C&J CONS Total: 2,212.50 CATCO Catco 1-96192 05/16/2011 96,60 0.00 06/07/2011 Repair parts For El. T1 - No 0000 101-420-2220-44040 Repairs/Maint Eqpt 1-96192 Total: 96.60 CATCO Total: 96.60 CENCOLLE Century College 417225 05/26/2011 641.84 0.00 06/07/2011 FFII, Larry Cornell & Pete Ziemer No 0000 101-420-2220 41370 Conferences & Training 417225 Total: 641.84 CENCOLLE Total: 641.84 COMPENSA Compensation Consultants, Ltd June 05/31/2011 40,00 0.00 06/07/2011 Monthly Admin Fee June 2011 101-410-132U-44300 Miscellaneous June Total: 40.00 COMPENSA Total: 40.00 CTYBLOOM City of Bloomington April 2011 04/29/2011 601-494-9400-42270 Utility System Maintenance April 2011 Total: CTYBLOOM Total: 40.00 0.00 06/07/2011 Lab Bacteria Tests 40.00 40.00 CTYOAKDA City of Oakdale 10000460-01 05/31/2011 9,835.71 0.00 06/07/2011 Water Service 194 601-494-9400-43820 Water Utility 10000460-01 Tota1: 9.835.71 CTYOAKDA Total: 9,835.71 AP - To I3e Paid Proof List (06/02111 - 12:45 PM) No 0000 No 0000 No 0000 Page 3 Invoice # lnv Date Amount Quantity Pmt Date Description Reference Task Tvpe PO # Close POLine ECKBERG Eckberg Lamers Briggs Wolff 04-2011 04130/2011 300.00 0.00 06/07/2011 Balance due on 4130/11 Invoice 101-420-2150-43045 Attorney Criminal 04-2011 Totat 300.00 ECKBERG Total: 300.00 EMERGAUT Emergency Automotive tech, Inc 10370 05/19/2011 410-480-8000-45300 Improvements Other Than Bldgs 10370 Total: EMERGAUT Total: EMMONS A Emmons Alex 05/17/2011 05/17/2011 101-410-1450-43620 Cable Operations 05/1712011 Total: EMMONS A Total: 105,00 0.00 06/07/2011 Repair Siren on 132 105,00 105.00 55.00 0.00 06/07/201I City Council Meeting 5/17/11 55.00 55.00 No 0000 No 0000 0000 FASTENAL Fastenal MNT1125949 04/28/2011 52.04 0.00 06/07/2011 Cable Ties No 0000 101-450-5200-42150 Shop Materials MNT1125949 Total: 52_04 FASTENAL Total: 52.04 FXL FXL, Inc. June 06/01/2011 2,000.00 0.00 06/07/2011 Assessing Service- June 2011 No 0000 101-410-1320-43100 Assessing Services June Total: 2,000.00 , FXL Total: 2;000.00 GOPHER Gopher State One -Call 14731 06/01/2011 101-430-3 T 00-43150 Contract Services 14731 Total: GOPHER Total: 258.20 0.00 06/07/20J 1 Line Locates - May 2011 258.20 258.20 GORMANS GORMANS RESTAURANT 05/07/2011 05/07/2011 102.00 0.00 06/07/2011 Meal for overnight standby crew 101-420-2220-44300 Miscellaneous 05/07/2011 Total: 102.00 AP - To Be Paid Proof List (06/02111 - 12:45 PM) No 0000 No 0000 Page 4 Invoice # Inv Date Amount Quantify Pmt Date Description Reference Task Type PO # Close POLine GORMANS Total: KDV Kern DeWenter Viere Ltd 128614 04/26/2011 101-410-1520-43150 ContractServices 128614 Total: KDV Total: KLATT Klatt Kyle 04/19/2011 04/19/2011 101-410-1910-42000 Office Supplies 04/19/2011 Total: KLATT Total: Landscap LANDSCAPE ARCHITECTURE INC_ Final [nvoice 01/08/2011 203-490-9070-43150 Contract Services Final Invoice Total: Landscap Total: 102.00 5,886.00 0.00 06/07/2011 Financi 54886.00 5,886.00 2 19.99 0.00 06/07/2011 Reimbursement for Wireless Mouse 19.99 19.99 1,153.50 0.00 06/07/2011 Sanettiary Dev Agreerrient Closeout 1,153.50 1,153.50 LINNER Lipner Electric Company, Inc. 21 609 05/31/2011 6.100.00 0.00 1)6/07/2011 Electric Work New Entrance Sign on 101-430-3100-44030 Repairs/Maint Imp Not Bldgs Keats 21609 Total: 6,100.00 LINNER Total: 6,100.00 MCFOA MCFOA CHK REQ 06/01/2011 101-410-1320-44330 Dues & Subscriptions CHK RED Total: MCFOA Total: MCNAMARA McNamara Meg CHK Req 05/26/2011 101-000-0000-32260 Burning Permit CHK Req Total: MCNAMARA Total: AP - To Be Paid Proof List (06/02/11 - 12:45 PM) 35.00 0,00 06/07/2011 Annual Membership Renewal - C. Luczak 35.00 35.00 45.00 0,00 06/07/2011 Refund for Denied Burn Perrnit 45.00 45.00 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 5 Invoice # bay Date McPhilli Mike McPhillips Inc 38160 05/05/2011 603-496-9500-44010 Street Sweeping 38160 Total: McPhiHi Total: MENARDSO Menards - Oakdale 71147 05/17/2011 101-430-3100-42150 Shop Materials 71147 Total: 73971 05/25/2011 101-430-3100-42150 Shop Materials 73971 Total: MENARDSO Total: METROFIR Metro Fire 41022 05/11/2011 101-420-2220-42400 Small Tools & Equipment 41022 Total: 41064 05/17/2011 101-420.-2220-42400 Small Tools & Equipment 41064 Total: METROFIR Total: MILLEREX Miller Excavating, Inc. 15448 04/29/2011 601-494-9400-44030 Repairs\Maint Imp Not Bldgs 15448 Total: MILLEREX Total: MN DOH MN Department of Health 06/01/2011 06/01/2011 601-494-9400-44300 Miscellaneous 06/01/2011 Total: MNDOH Total: MSFCB MN Fire Service Cert. Board 883. 898 05/19/2011 101-420-7270-44330 Dues & Subscriptions 883, 89a 05/19/2011 101-420-2220-14330 Dues & Subscriptions AP - To Be Paid Proof List (06/02/11 - 12:45 PM) Amount Quantity Pint Date DestriptiOri Reference Task Type PO # Close POLine # 8,768.50 0.00 06/07/2011 Street SWeepirig (SW Protection) 8,768.50 8,768.50 4.14 0.00 06/07/2011 1B Weld 4.14 12.76 0.00 06/07/2014 Weed & Feed 12.76 16.90 80.91 0.00 06/07/2011 Helmet fronst X 2 80.91 825.00 0.00 06/07/7011 Restock Class A Foam, 11 pails 825.00 905:91 1,968:48 0.00 06/07/2011 Water. Main Excavation 1,968.48 1,968.48 1,508.00 0.00 06)07/201.1 2nd Qtr Water Connection Service Supply 1;508.00 1,508.00 25.00 0.00 06/01/2011 FFI Retest 150.00 0.00 06/07/2011 FF1 teSt x 2 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 6 Invoice # Inv Date 883, 898 Total: MSFCB Total; NEXTEL Nextel Communications 761950227-098 05/15/2011 101410-1940-43210 Telephone 761950227-098 05/15/2011 101-420-2220-43210 Telephone 761950227-098 05115/2011 101-420-2400-43210 Telephone 761950227-098 05/15/2011 101-430-3100-43210 Telephone 761950227-098 05/15/2011 101-450-5200-43210 Telephone 761950227-098 Total: NEXTEL Total: NORTF1T00 HSBC Business Solutions 563000917 04/26/2011 101-430-3100-42400 Small Tools & Minor Equipment 563000917 Total: 42.83 NORTHTOO Total: 42.83 Amount Quantity Prot Date Description 175.00 175.00 Reference Task Type PO # Close POLine # 68.58 0.00 06/07/2011 Cell Phone Service - 53.11 0.00 06f07/20 I 1 Cell Phone Service - 17.56 0.00 06/07/2011 Ce11 Phone Service - Departmen 35.12 0.00 06/07/2011 Cell Phone Service - Dept 53.20 0.00 06/07/2011 Ce11 Phone Service - 227.57 227.57 NORTHWAY Northway Irrigation 13055 05/18/2011 101-43U-3125-43150 Contract Services 13055 Total: NORTI-IWAY Total: OAKDRC Oakdale Rental Center 10075716 05/02/2011 101 -430-3 100-42240 Street Maintenance Materials 10075716 Total: OAKDRC Total: OFFTCESU Office Supplies & Equipment 3249 05/06/2011 101-420-2400-42000 Office Supplies 3249 Total: AP - To Be Paid Proof List (06102/11 - 12:45 PM) 42.83 0.00 06/07/2011 Tie Downs AdministratiOn Fire Department Building Public Works Parks Dept 214.80 000 06/07/2011 Irrigation repair -plow ran off the road 214.80 214.80 73.73 0.00 06/07/2011 Propane - Patching Trailer 73,73 73.73 24.85 0.00 06/07/2011 InSpectiOniDaily Call log book 24.85 No No NO No No No No 0000 0000 0000 0000 0000 0000 0000 0000 No 0000 Page 7 Invoice # Inv Date Amount Quantity Prot Date Description Reference Task Type PO # Close POLine OFFICESU Total: 24.85 PIONEERI Pioneer Rim & Wheel Company 1-106233 04/26/2011 4.02 0.00 06/07/2011 Grease Cap 10T-430-3100-42210 Equipment Parts 1-106233 Total: 4.02 PIONEERI Total: 4.02 PLANTH PLANT HEALTH ASSOCIATES, INC 1045-11 06/01/2011 1,750_00 0.00 06/07/2011 Forester Services - May 2011 101-430-3250-43150 Contract Services 1045-11 Total: 1,750.90 PLANTH Total: 1.750.90 PLUNKETT Plunkett's Peat Control 2357734 06/0112011 83.36 0.00 06/07/2011 Pest Control Service - City Hall 101-410-1940-44010 Repairs/Maint Contractual Bldg 2357734 Total: 83.36 PLUNKE.1 I Total: 83.36 POSTOFFI POSTMASTER 05/24/2011 05/24/2011 500,00 0.00 06/07/2011 Clean up Flyer 101-410-1320-43220 Postage 05/24/2011 Total: 500.00 POSTOFF1 Total: 500.00 PRESSA Anastasia Press 05123/2011 05/23/2011 55.00 0.00 06/07/2011 Planning Commission Meeting 5/23/11 - 101 -410-1450-43620 Cable Operations 05/23/2011 Total: 55.00 PRESSA Total: 55.00 RUD Prince-Rud Diane 05/19/2011 06/01/2011 160.00 0.00 06/07/2011 Cleaning City Hall & Annex 5/16, 5/23 - I 01-410-1940-44010 Repairs/Maint Contractual Bldg 05/19/2011 06/01/2011 120.00 0.00 06/07/2011 Cleaning Fire Hall 5/16, 5/23 101-420-2220-44010 Repairs/Maint Bldg 05/19/2011 Total: 280.00 AP - To Be Paid Proof List (06/02/11 - 12:45 PM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 8 Invoke # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine R1JD Total; S&T S&T Office Produets, Inc. 010P0394 05/09/2011 101-410-1520-42000 Office Supplies 01 OP0394 Total: 010P7694 05/2612011 101410-1320-42000 Office Supplies 0 I OP7694 Total: 010P8148 05/27/2011 01-410-1320-42000 Office Supplies 01OP8148 Total: S&T Total: SAMSCLUB Sam's Club 1213 05/19/2011 101-420-2220-44010 RepairsiMaint Bldg 1213 05/19/2011 101-410-1910-42000 Office Supplies 1213 Total: 2244 05/11/2011 101-420-2220-44300 Miscellaneous 2244 Total: SAM SCLUB Total: SENSUS SENSUS USA ZA12001267 05/04/2011 601-494-9400-43180 Software Support ZA12001267 Total: SENSUS Total: TASCH T.A. Schifsky & Sons Inc 51098 04/20/2011 101-430-3120-42240 Street Maintenance Materials 51098 Total: 51224 05/09/2011 101-430-3120-42240 Street Maintenance Materials 51224 Total: TASCH Total; AP -To Be Paid Proof List (06/02/1 1 - 12:45 PM) 280.00 233.40 0.00 06/07/2011 Office Supplies 468.31 0.00 06/07/2011 Office Supplies 4.61 0.00 06/97/20 I I Office Supplies 233.40 468.31 4.61 706.32 70.70 0.00 06/07/2011 Station Supplies 7.96 0.00 06/D7/201I 'Planning Dept Mtg Supplies 78.66 13544 0.00 06/07/2011 Restock Rehab Supplies from Fire 135.44 214.10 1,452.00 0.00 06/07/2011 Annual Water Software Support Renewal 1,452.06 1,452.00 509.59 509.59 256.67 256.07 765.66 0.00 06/07/2011 Asphalt 0.00 06/07/2011 Asphalt No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No Nu No 0000 0000 0000 Page 9 Invoice # Inv Date TDS TDS METROCOM - LLC 651-779-8882 06/02/2011 101-420-2220-43210 Telephone 651-779-8882 06102/2011 101-430-3100-43210 Telephone 651-779-8882 06/02/2011 602-495-9450-43210 Telephone 651-779-8882 06/02/2011 601-494-9400-43210 Telephone 651-779-8882 Total: TDS Total: TESSMAN Tessman Company Corp 5143294-1N 05/24/2011 101-450-5200-42160 Chemicals 5143294-IN Total: TESSMAN Total: TKDA TKDA, Inc. 002011001189 04/30/2011 203-490-9070-4-3030 Engineering Services 002011001189 Total: 002011001190 04/30/201i 203-490-9070-43030 Engineering Services 002011001190 Total: 002011001191 04/30/2011 413-480-8000-43030 Engineering Services 002011001191 Total: 002011001192 04/30/2011 417-480-8000-43030 Engineering Services 002011001192 Total: 002011001193 04/30/2011 601-494-9400-43030 Engineering Services 002011001193 Total: 002011001194 04/30/2011 418-480-8000-43030 Engineering Services 002011001194 Total: 002011001196 04/30/2011 101-420-2400-43030 Engineering 002011001196 04/3012011 101-410-1910-43030 Engineering Services 002011001196 04/30/2011 101-410-1930-43030 Engineering Services AP - To Be Paid Proof List (06/02/11 - 12:45 PM) Amount Quantity Prat Date Description Reference Task Type PO #1 Close POLine # 157.99 155.97 104.97 42.31 461.24 461.24 79.64 79.64 79.64 394.75 394.75 413.68 413.68 24,17L44 24,171.44 48.68 48.68 1,917.62 1,917.62 4,981.39 4,981.39 1,684.82 1,558.01 1,163.06 0.00 06/07/2011 0.00 06/07/2011 0,00 06/07/2011 0.00 06/07/2011 Analog Lines - Fire Analog Lines - Public Works Analog Lines - Lift Station Alarms Alarm - Well House #2 0.00 06/07/2011 Herbicide 0.00 06/07/2011 Development - istling Valley 111 0.00 06/07/2011 Development - Sanctuary 0_00 06/07/2011 1-94 to 30th Street - Village Sanitary 0.00 06/07/2011 TH 5 & Jainaca Ave Roundabout 0.00 06/07/2011 Lake Elmo Water Systems Strategies 0.00 06/07/2011 0.00 06/07/2011 0.00 06/07/2011 0.00 06/Q7/2011 2011 Street Improvement/Water Quality General Engineering - VRA General Engineering - VRA General Engineering VRA No No No No No 0000 0000 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 10 Invoice # Inv Date Amount Quantity Prat Date Description Reference Task Type PO # Ctose POLine 002011001196 04/30/2011 409-480-8000-43030 Engineering Services 002011001196 04/30/2011 601-494-9400-43030 Engineering Services 002011001196 04/30/2011 602-495-9450-43030 Engineering Services 002011001196 04/30/2011 603-496-9500-43030 Engineering Services 002011001196 Total: 002011001197 04/30/2011 409-480-8000-43030 Engineering Services 002011001197 Total: U0201101195 04/30/2011 101-430-3100-43030 Engineering Services 00201101195 04/30/2011 101-410-1930-43030 Engineering Services 00201101195 04/3012011 101-410-1910-43030 Engineering Services 00201101195 Total: TKDA Total: USBANK US Bank Trust , 33402400 07/01/2011 312-480-8000-46110 Bond Interest 33402400 Total: USBANK WATERCON Water Conservation Services In 2491 04/26/2011 601-494-9400-44300 Miscellaneous 2491 Total: WATERCON Total: XCEL Xcel Energy 51-4572945-7 06/01/2011 101-430-3160-43810 Street Lighting 51-4572945-7 Total: 51-4576456-3 06/01/2011 101-420-2220-43810 Electric Utility 51-4576456-3 Total: 51-4580376-5 06/01/2011 101-410-1940-43810 Electric Utility AP - To Be Paid Proof List (06/02/11 - 12:45 PM) 3,811.56 1,465.70 1,178.62 4,745.06 15,606.83 1,059.20 1,059.20 97.33 4,456.00 1,067.85 5,621.18 54,214.77 920.00 920.00 920.00 225.50 225,50 225.50 25.34 25.34 338.37 338.37 276_61 0.00 06/07/2011 0.00 06/07/2011 0.00 06/07/2011 0.00 06/07/2011 0.00 06/0 0 0.00 06/07/2011 0.00 06/07/2011 0_00 06/07/2011 General Engineering - VRA General Engineering - VRA General Engineering - VRA General Engineering - VRA 2011 Seal Coat Project General Engineering General Engineering General Erigineerin 0.00 06/07/2011 Interest GO Improvement Bond,2002A - 0.00 06/07/2011 Leak Detection Service 0.00 06/07/2011 Janiely StreetLightt 0.00 06/07/2011 Fire Station #2 0.00 06/07/2011 City Hall No 0000 No 0000 No 0000 0000 No 0000 No No No 0000 0000 0000 No 0000 No No No No 0000 0000 0000 0000 Page 11 Invoice # Inv Date 51-4580376-5 06/01/2011 101-430-3160-43810 Street Lighting 51-4580376-5 Total: 53-4733556-8 06/01/2011 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 51-50442)9-0 06/01/2011 101-450-5200-43810 Electric Utility 1-50447I 9-0 Total: 51.5522332-2 06/01/2011 101-430-3160-43810 Street Lighting 51-5522332-2 Total: 51-5747685-4 060/2011 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 51-5916043-7 06/03/2011 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 51-6429583-8 06/01/2011 602-495-9450-43810 Electric Utility 51-6429583-8 Total; 51-6433976-2 06/01/2011 101-420-2220-43810 Electric Utility 51-6433976-2 Total: 51-6625457-1 06/01/2011 101-450-5200-43810 Electric Utility 51-6625457-1 Total: 51-6928283-3 06/01/2011 101-430-3160-43810 Street Lighting • 51-6928283-3 Total: 51-7538112-1 06/0112011 101-430-3100-43810 Electric Utility 51-7538112-1 Total: 51-8711719-3 06/01/2011 101-430-3160.43810 Street Lighting 51,8111719-3 Total: XCEL Total: Report Total: AP - To Be Paid Proof Litt (06/02/1 I - 12:45 PM) Amount Quantity Pmt Date Deseiiptio© Reference Task Type PO # Close POLine # 219.29 0.00 06/07/2011 Traffic Lights Keats 495.90 10.16 0.00 06/07/2011 Tennis Courts 10.16 .55.65 0.00 06/07/2011 ParkS Building 5565 38.81 0:00 46/07/2011 Traffic Lights - Inwood 3881 78.77 0.00 06i07/2011 Art 's Center 78.77 18.25 0.00 06/07/2011 Lift Station 18.25 16.28 0.00 06/07/2011 Lift Station 16.28 246.08 0.00 06107/2011 Fire Station #i 246.08 41.67 0.00 Q6/07/2011 Legion Park 41.67 30.77 000 06/07/2011 Traffic Lights - Manning 30.77 754.51 0.00 06/07/2011 Public Works 754.51 10:17 000 06/01/2011 Speed Sign Hwy 5 1017 2,160.73 132,121.68 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No No 0000 0000 0000 No 0000 No 0000 Page 12 j ITY Or LA ELMO AYOR & COUNCIL COMMUN/CA PON AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: REGULAR ITEM #: MOTION RESOLUTION Draft Amendment to Fence Ordinance Kelli Matzek, City Planner Bruce Messelt, City Administrato Lake Elmo Planning Commission Kyle Klatt, Planning Director 6/7/2011 3 Ordinances 08-044 A & B 2011-021 SUMMARY AND ACTION,, REQUESTED: The City Council is respectfully requested to review the attached ordinance that has been drafted to allow solid fences up to 72 inches in height on residential properties where the rear yard is adjacent to high traffic roadways under certain circumstances. The recommended motion to act on this is as follows: "Move to approve Ordinance 08-044(B) amending the Fence Ordinance, as recomniended by the Planning Commission and Resolution 2011-021 allowing summary publication of the ordinance." BACKGROUND INFORMATION: At the May 3, 2011 City Council meeting, the Council directed staff to draft an ordinance amending the fence ordinance to allow solid fences to be constructed up to 72 inches in height for those lot lines abutting major roadways on through (double frontage) lots, The ordinance, as drafted in the Option A, allows solid fences in the rear yards of through lots that abut roads classified as a principal arterial (such as Highway 36), an A minor arterial (such as Manning Avenue south of Highway 5) or a B minor arterial (Lake Elmo Avenue between Highway 5 and 10th Street). A map showing the road classifications is attached. Staff also used this opportunity to make other con-ections and updates to the ordinance. For example, a paragraph was added identifying the need for an Easement Encroachment Agreement when improvements, such as a fence, are proposed to be constructed within an easement held by the City. In addition, Staff has recommended adding some additional provisions to clarify the intent of the section concerning screening fences. -- page 1 -- City Council Meeting Fence Ordinance Amendment June 7th, 2011 Regular Agenda Item #3 PLANNING COMMISSION REPORT: The Planning Commission reviewed the draft ordinance, held a public hearing and provided a recommendation that included amendments to the draft ordinance allowing a solid fence to be constructed up to 72 inches in height along those same roadways previously identified, but also when it is a side or corner yard. The ordinance as recommended by the Planning Commission is attached as Ordinance 08-044(B). The draft Planning Commission minutes are attached for review by the Council. The Commission generally found that if screening fences were allowed on through lots that abut major roadways, then it should also be acceptable to allow such fences along corner lots that are located adjacent to the same types of roadways. RECOMMENDATION: Based upon the above background information, Planning Commission recommendation and staff report, it is recommended that the City Council approve an amendment to the fence ordinance by undertaking the following action "Move to approve Ordinance 08-044 (B) as recommended by the Planning Commission and Resolution 2011-021 allowing summary publication of the ordinance." Alternatively, the City Council may approve Ordinance 08-044 (A), as originally recommended by Staff and discussed by the City Council. The Council may also provide alternative language to incorporate, as part of either of the draft Ordinances. ATTACHMENTS: 1. Ordinance 08-044(A) (City Council Direction) 2. Ordinance 08-044 (B) (Planning Commission recommendation) 3. Resolution 2011-021 4. Figure 2: Existing Functional Classification; Comprehensive Transportation Plan 5. Planning Commission Minutes (Draft) 6. Existing Unchanged Ordinances Related to Fences SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... ........ ...... . .............. ..............,... ..... City Administrator Report/Presentation ..... ......, ......... ................. ............, ........ ...Planning Director Questions from Council to Staff ..... ..... ............ .......... Mayor Facilitates Public Input, if Appropriate . ........... ......... ............ ...... Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor Facilitates Action on Motion ................... . ............... ................. ..... Mayor & City Council -- page 2 -- Ordinance 08-044A (City Caul, Version) City Council; 6/7/11 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-044A AN ORDINANCE AMENDING THE FENCE REQUIREMENTS OF SECTION 154.120 THROUGH SECTION 154.128 TO ALLOW SOLID FENCES IN CERTAIN SITUATIONS AND TO CLARIFY THE INTENT OF OTHER SECTIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by amending the following language: § 154.120 FENCE HEIGHT AND LOCATION. (A) Fence height in street setbacks. No fence shall be constructed exceeding 42 inches in height measured from grade within any front, side (corner), or rear street setback. Fences constructed within the prescribed street setback areas shall be at least 50% open to air and light. (See Figure 154.120) Figure 154.120: Height of Fencing STREET SIDE YARD • *3 4441*# • • O.. • 4 'M 42 In. Max4murn.t" Qpbn ICP Pof 1.IgrnE 42'k ;32!n. p n 72" 42" T E T F R 0 N 421' Y R (B) Fence height in interior yards. No fence shall be constructed exceeding 72 inches in height measured from grade in interior yards; and, any portion of such fence Ordinance 08-044Aamity Council Version) City Council; 6/7/11 above 42 inches measured from grade shall be open to light and air over 75% of the surface area. (C) Fences on 'ou2-17. lots. (1) Lots with fronting frontage along improved public streets at both the rear yard and the front yard (through lots) may apply the standards of division (B) above for fences paralleling the rear yard. (2) When the rear property line of a through lot abuts a public street classified as either a principal arterial, A minor arterial, or B minor arterial in the Citv's Transportation Plan, a fence parallel to that property line may be constructed up to 72 inches in height, but is not reouired to be open to light and air. A corner lot must continue to meet safety requirements of 96.03 (B) 19 regarding the obstruction of view of traffic. (D) Grade defined. The grade from which fence height measurements are calculated shall only be from either natural grade or grade modified responsive to a grading plan approved by the city; and, shall not include the height of beaus or introduced increases in ground elevation that would raise the effective fence height over that which would be otherwise permitted by this subchapter, except that a combination of raised grade and fence that would exceed in sum the fence height permitted by this section may be specifically approved by the City Council as an element of a subdivision plat or commercial site plan approval establishing specific property grading and topography. (E) Easement encroachment. Where allowed by other divisions of the fence ordinance and other applicable sections, a fence may be constructed up to one foot off a Property line unless an easement is present or it is determined a fence would obstruct a drainage area. An Easement Encroachment Agreement, along with a fence permit, allows a fence to be constructed within a city easement after it has been reviewed and airnroved by the City Engineer and City Council and the applicable fee has been received. (Ord. 97-137, passed 8-4-2004) 154.121 MATERIALS. (A) Permitted fence materials. Permitted fence materials shall be limited to brick, stone, wood planks, split rail, wrought iron, and as regulated by § 154,123. Vinyl or composite material fences shall also be permitted. (B) Finished face offence, That side of the fence considered to be the face (finished side as opposed to structural supports and frame) shall face abutting property and public streets. (C) Chain link or cyclone fences. Chain link, and wire mesh fences are permitted to a maximum height of 72 inches measured from grade. No chain link, cyclone or wire 2 Ordinance 06-044A (City Coui. Version) City Council; 6/7/11 mesh fence shall be permitted in any front, side (corner), or rear street setback, (See Figure 154.121) Figure 154.121: Cyclone/Chain Link Fencing CurbCiatLw• - Propany LLit—+ STREET SIDE YARD gotwe • Orono • • ••••••• • limo, f 4.100, 4 444.1. t 1.01.4 v.. I 0141 -;.f.itt=m, •Chel 72" Permt 0 me,rreAr.i.tr,n,S4.0 114....4441.14.00 OA444,4.44.46,001104,,44.4 OA:L. Chain, ali;ffillate' Chain Link kr; Black or green Ority (Ord. 97-137, passed 8-4-2004) F R 0 T T Y s R 0 § 154.122 FENCES IN THE SHORELAND OVERLAY DISTRICT. No fence shall be permitted in the OHW setback of any parcel located in Shoreland, as defined by § 11.01, except where the principal structure is entirely located within the OHW setback. Where the principal structure is at least partially located within the OHW setback, fences complying with the standards of § 154.120(B) may be constructed within the side yard area of the principal structure, but not extending beyond the front and rear exterior walls of the principal structure. Decks, porches and landings of any type shall not be considered a part of the principal structure for the purpose of determining allowable fence. (Ord. 97-137, passed 8-4-2004) § 154.123 TEMPORARY FENCES. (A) Defined. For the purposes of this subchapter temporary fences are those that are installed and removed on a seasonal basis, such as snow fences and garden fences. Ordinance 08-044A „ity Council Version) City Council; 6/7/11 Temporary fences shall be open to light and air over not less than 40% of the fence surface area. (B) Duration and limitation. No snow fence shall or posts therefore shall be installed prior to November 1, and must be removed prior to April 15. (C) Height and location. Temporary fences shall comply with the fence and fence location standards of § 154.120, except that snow fences shall be set back at least 50 feet from any south or east property line, or such additional distance as may be required to prevent the accumulation of snow on public streets or adjoining property, as determined by the Building Official. (Ord. 97-137, passed 8-4-2004) § 154.124 AGRICULTURAL EXEMPTION. Fences constructed on parcels in excess of 5 acres for the keeping of horses; and fences constructed on parcels in excess of 10 acres for the keeping of other livestock, as defined by § 11.01, are specifically exempted from the provisions of this subchapter. Any such agricultural fencing shall be at least 75% open to air and light. (Ord, 97-137, passed 8-4-2004) 1)§ 154.125 FENCES AS SCREENING AND SECURITY, AS REQUIRED. (A) Generally. The Lake Elmo City Code and this chapter include prescribed physical circumstances of a site where screening of uses, equipment, and outside storage is required. In those prescribed circumstances, fence not to exceed 72 inches in height measured from grade may be installed, subject to the following standards: (1) Required fences for screening and security purposes in Agricultural and Residential zoning districts shall be set back from all property lines equal to the required structure set back of the zoning district in which they are located, except where residential zoned lots share a common property line with commercial uses, or commercial zoning districts and only on the common property line between the residential and commercial parcels. (Am. Ord. 97-169, passed 5-2-2006) (2) The provisions of § 154.120 regarding fence height measurement from grade shall apply. No combination of earthen berm and fence may exceed the 72-inch maximum height for screening. (3) Materials used for screening shall be limited to those specified by § 154,121. 4 Ordinance 08-044A (City Couc,.., Version) City Council; 6/7/11 (4) No such screening shall be roofed or covered in any manner. (Ord. 97-137, passed 8-4-2004) (5) Solid fence not to exceed 72 inches in height measured from grade may be installed, subject to the following standard: (a) The total area of any parcel enclosed by solid fencing shall not exceed the maximum allowable area for an accessory structure in the zoning district in which the parcel is located, less the sum of the area of any accessory structures located on the same tax parcel. fb) The area enclosed by screen fencing shall maintain a ratio of width to length of no greater than 2:1. (See § 154.093). (c) A screening fence that is not enclosed may be allowed Provided the total length of said fence does not exceed the perimeter of the largest accessory building permitted in the zoning district in which the parcel is located, less the sum of the area (or -Perimeter) of any accessory structures located on the same tax parcel. (B) Outdoor living area extensions, Solid fencing to a maximum height of 72 inches may be used to enclose outdoor extended living areas of a principal structure, subject to the following standards: (1) The area enclosed by outdoor extended living area fencing shall not exceed an enclosed area of 500 square feet. (2) Fence utilized to enclose an outdoor extended living area shall be extended to a point not more than 6 inches from the principal structure at 1 fence termination point. (3) Fence utilized to enclose an outdoor extended living area shall not extend into side yard of a lot beyond the existing building line of the existing principal structure, nor shall such fences be located in any side or front street yard. (See Figure 154.125) Figure 154.125: Fencing for Outdoor Living Area 5 Ordinance 08-044A ,,,ty Council Version) City Councit; 6/7/11 Curb Use Properly Line —0. STREET SIDE YARD Fence to ertGlose oulOeor area shall ii amend i robe stdo yard of an beyond garbling Wilding- fine, nor eke ettott hawse be lonaled in any side of front Wont Solid hoeing to rerutimurn height of 72 incise 11 0 u E Diteence front rainetpal euenee nol to exceed 6 inch te. L• 1061.1* *MOW t 1.1,1, It 4' tfttiltet 1 The ores untamed y outdoor onlandad bring erne lancing, end not emend an enclosed nre of 50ckanuare Nem *Abed to moan" an outdoor extended thing anti shall ha extended to is dole not mono Man 0 Inolake front the principal: structure ak one letice tarn** lion peal. - (Am, Ord. 97-155, passed 4-19-2005) s E T F R T Y N R D § 154.126 PERMITS REQUIRED. (A) Except as noted herein, installation of all fences requires a fence permit issued by the City of Lake Elmo. This permit shall be applied for on such forms, include such documentation, and include such fees to the city for processing as may be prescribed from time to time by the City Council. Fences exempt from requiring an installation permit are limited to the following: (1) Fences of any type installed for the sole purpose of the keeping of domestic farm animals, as defined by § 11.01, and regulated by § 154.104(E) of this Code. All such fences shall be removed by the property owner within 6 months of the termination of the keeping of domestic farm animals, unless an extension is specifically authorized by City Council action; and (2) Fences of any type installed by municipal, county or state governments and public utilities for facility security or the delineation and/or protection of public rights -of - way. (B) Failure to obtain a city fence permit prior to the installation of any fence subject to this regulation shall result in an automatic double permit fee, in addition to any 6 Ordinance 08-044A (City Version) City Council; 8/7/11 corrective measures to bring the fence into compliance with the standards for fences prescribed by this chapter. (Ord. 97-137, passed 8-4-2004) § 154.127 FENCES AS NON-CONFORMING/HAZARDOUS STRUCTURES. Fences shall be considered to be structures for the purposes of applying the terms of the non- conforming structure provisions of this chapter, and the hazardous structures provisions of city code and state statute. (Ord. 97-137, passed 8-4-2004) § 154.128 OTHER PROVISIONS; CONFLICTS. To the extent that provisions of this chapter may conflict with other provisions of the city code regarding the regulation of fences and screening, the provisions of this chapter only shall apply. (Ord. 97-137, passed 8-4-2004) SECTION 3. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date This Ordinance No. 08-044 was adopted on this 7th day of June 2011, by a vote of Ayes and Nays. ATTEST: Bruce Messelt City Administrator Mayor Dean A. Johnston 7 Ordinance 08-044A ay Council Version) City Council; 6/7/11 This Ordinance No 08-044 was published on the day of 2011 1 � t Ordinance 08-0448 (Planning L,cmmissioRecommendation) City Council; 6i17 Curls Line CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-044B AN ORDINANCE AMENDING THE FENCE REQUIREMENTS OF SECTION 154.120 THROUGH SECTION 154.128 TO ALLOW SOLID FENCES IN CERTAIN SITUATIONS AND TO CLARIFY THE INTENT OF OTHER SECTIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by amending the following language: § 154.120 FENCE HEIGHT AND LOCATION. (A) Fence height in street setbacks. No fence shall be constructed exceeding 42 inches in height measured from grade within any front, side (corner), or rear street setback. Fences constructed within the prescribed street setback areas shall be at least 50% open to air and light. (See Figure 154.120) Figure 154.120: Height of Fencing STREET SIDE YARD ammo vow • 1104. 42' it inrurn 5Q%Open toAar & Light 42 bo. wild & 75% to 72 inches H 0 U 4 j 42^ S T i E E T F 0 14 T Y A R D (B) Fence height in interior yards. No fence shall be constructed exceeding 72 inches in height measured from grade in interior yards; and, any portion of such fence Ordinance 08-044B anning Commission Recommendation City Council; 6/7/11 above 42 inches measured from grade shall be open to light and air over 75% of the surface area. (C) Fences onscorner and through lots. (1) Lots with fronting frontage along improved public streets at both the rear yard and the front yard, or along both the side Yard and front yard. may apply the standards of division (B) above for fences paralleling the rear or side yards. (2) When the rear property line of a through lot. or the street -side Property line of a corner lot, abuts a public street classified as either a principal arterial. A minor arterial, or B minor arterial in the City's Transportation Plan, a fence parallel to that property line may be constructed up to 72 inches in height, but is not required to be open to light and air. A corner lot must continue to meet safety reouirements of 96.03 (B) 19 regarding the obstruction of view of traffic. (D) Grade defined. The grade from which fence height measurements are calculated shall only be from either natural grade or grade modified responsive to a grading plan approved by the city; and, shall not include the height of berms or introduced increases in ground elevation that would raise the effective fence height over that which would be otherwise permitted by this subchapter, except that a combination of raised grade and fence that would exceed in stun the fence height permitted by this section may be specifically approved by the City Council as an element of a subdivision plat or commercial site plan approval establishing specific property grading and topography. (E) Easement encroachment. Where allowed by other divisions of the fence ordinance and other applicable sections. a fence may be constructed up to one foot off a property line unless an easement is Present or it is determined a fence would obstruct a drainage area. An Easement Encroachment Agreement. along with a fence permit, allows a fence to be constructed within a city easement after it has been reviewed and approved by the City Engineer and Citv Council and the applicable fee has been received. (Ord. 97-137, passed 8-4-2004) § 154.121 MATERIALS. (A) Permitted fence materials. Permitted fence materials shall be limited to brick, stone, wood planks, split rail, wrought iron, and as regulated by § 154.123. Vinyl or composite material fences shall also be permitted. (B) Finished face offence. That side of the fence considered to be the face (finished side as opposed to structural supports and frame) shall face abutting property and public streets. (C) Chain link or cyclonefences. Chain link, and wire mesh fences are permitted to a maximum height of 72 inches measured from grade. No chain link, cyclone or wire 2 Ordinance 08-044B (Planning L,ommission Recommendation) City Council; 6/7/11 mesh fence shall be permitted in any front, side (corner), or rear street setback. (S Figure 154.121) Figure 154.121: Cyclone/Chain Link Fencing STREET SIDE YARD Curb LIN -- Property" Lim ---00 • • „.Statir Chain L 72' Rernitned F. u• $ t•110•41•••••,..” • •••••••••••••••••••••Li•• • •••• •-• Chain • ChattyLrr ick or Only (Ord. 97-137, passed 8-4-2004) 1 R E T Y A R 0 § 154.122 FENCES IN THE SHORELAND OVERLAY DISTRICT. No fence shall be permitted in the OHW setback of any parcel located in Shoreland, as defined by § 11.01, except where the principal structure is entirely located within the OHW setback. Where the principal structure is at least partially located within the OHW setback, fences complying with the standards of § 154.120(B) may be constructed within the side yard area of the principal structure, but not extending beyond the front and rear exterior walls of the principal structure. Decks, porches and landings of any type shall not be considered a part of the principal structure for the purpose of determining allowable fence. (Ord. 97-137, passed 8-4-2004) o § 154.123 TEMPORARY FENCES. (A) &fined. For the purposes of this subchapter temporary fences are those that are installed and removed on a seasonal basis, such as snow fences and garden fences. Ordinance 08-0448. „arming Commission Recommendation City Council; 6/7/11 Temporary fences shall be open to light and air over not less than 40% of the fence surface area. (B) Duration and limitation. No snow fence shall or posts therefore shall be installed prior to November 1, and must be removed prior to April 15. (C) Height and location. Temporary fences shall comply with the fence and fence location standards of § 154.120. except that snow fences shall be set back at least 50 feet from any south or east property line, or such additional distance as may be required to prevent the accumulation of snow on public streets or adjoining property, as determined by the Building Official. (Ord. 97-137, passed 8-4-2004) § 154.124 AGRICULTURAL EXEMPTION. Fences constructed on parcels in excess of 5 acres for the keeping of horses; and fences constructed on parcels in excess of 10 acres for the keeping of other livestock, as defined by § 11,01, are specifically exempted from the provisions of this subchapter. Any such agricultural fencing shall be at least 75% open to air and light. (Ord. 97-137, passed 8-4-2004) 154.125 FENCES AS SCREENING AND SECURITY, AS REQUIRED. (A) Generally. The Lake Elmo City Code and this chapter include prescribed physical circumstances of a site where screening of uses, equipment, and outside storage is required. In those prescribed circimistances, fence not to exceed 72 inches in height measured from grade may be installed, subject to the following standards: (1) Required fences for screening and security purposes in Agricultural and Residential zoning districts shall be set back from all property lines equal to the required structure set back of the zoning district in which they are located, except where residential zoned lots share a common property line with commercial uses, or commercial zoning districts and only on the common property line between the residential and commercial parcels. (Am. Ord. 97-169, passed 5-2-2006) (2) The provisions of § 154.120 regarding fence height measurement from grade shall apply. No combination of earthen berm and fence may exceed the 72-inch maximum height for screening. (3) Materials used for screening shall be limited to those specified by § 154.121. 4 Ordinance 06-0448 (Planning Jmmission Reconnendation) City Council; 6/7/11 (4) No such screening shall be roofed or covered in any manner. (Ord. 97-137, passed 8-4-2004) (5) Solid fence not to exceed 72 inches in height measured from grade may be installed, subject to the following standards: (a) The total area of any parcel enclosed by solid fencing shall not exceed the maximum allowable area for an accessory structure in the zoning district in which the parcel is located, less the sum of the area of any accessory structures located on the same tax parcel. (b) The area enclosed by screen fencing shall maintain a ratio of width to length of no greater than 2:1. (See § 154.093). (c) A screening fence that is not enclosed mav be allowed provided the total length of said fence does not exceed the perimeter of the largest aceessory building Permitted in the zoning district in which the parcel is located. less the sum of the area (or perimeter) of any accessory structures located on the same tax parcel. (B) Outdoor living area extensions. Solid fencing to a maximum height of 72 inches may be used to enclose outdoor extended living areas of a principal structure, subject to the following standards: (1) The area enclosed by outdoor extended living area fencing shall not exceed an enclosed area of 500 square feet. (2) Fence utilized to enclose an outdoor extended living area shall be extended to a point not more than 6 inches from the principal structure at 1 fence termination point. (3) Fence utilized to enclose an outdoor extended living area shall not extend into side yard of a lot beyond the existing building line of the existing principal structure, nor shall such fences be located in any side or front street yard. (See Figure 154.125) Figure 154.125: Fencing for Outdoor Living Area 5 Ordinance 08-044B inning Commission Recommendation) City Council; 6/7/11 Curb Line - M Properly Une---0, STREET SIDE YARD •••••••••••••••••••••••••11•••••,....•••!1•••••=MI, F0A00 la enclose oulcloorgVing arom shall not extend I ofda yaml lol bopormi oxlininp boltdinti Eno. nox chid ouch snobe Imolai In any old, of Iron! Omar. Solid fuming to maximum hcighi orninehrs. 1^1 0 U E s Dinar= from prim ' irocturet tO ewer! 6 inches, • L. • • • , •••••Ir•••••••••••••••••••••••••• I The area OrrOloOed by UAW; oAandost Irvin!) on* lining shall B04 liKCJ00d an onel000dareot500'mqoaro Ponca ullIkairdlo endow an outdoor ndid *ma *Mall tor amainclod to a point rzi mare lban Into a bantam principal endure al ono foriorilarrairol- bon point - (Am. Ord. 97-155, passed 4-19-2005) ' S T E E T F 0 T N R D § 154.126 PERMITS REQUIRED. (A) Except as noted herein, installation of all fences requires a fence permit issued by the City of Lake Elmo. This permit shall be applied for on such forms, include such documentation, and include such fees to the city for processing as may be prescribed from time to time by the City Council. Fences exempt from requiting an installation permit are limited to the following: (1) Fences of any type installed for the sole purpose of the keeping of domestic farm animals, as defined by § 11.01, and regulated by § 154.104(E) of this Code. All such fences shall be removed by the property owner within 6 months of the termination of the keeping of domestic farm animals, unless an extension is specifically authorized by City Council action; and (2) Fences of any type installed by municipal, county or state governments and public utilities for facility security or the delineation and/or protection of public rights -of - way. (B) Failure to obtain a city fence permit prior to the installation of any fence subject to this regulation shall result in an automatic double permit fee, in addition to any 6 Ordinance 06-044B (Plano'nd ._,,mtnission Recommendation) City Council; 6/7/11 corrective measures to bring the fence into compliance with the standards for fences prescribed by this chapter. (Ord. 97-137, passed 8-4-2004) FJ § 154.127 FENCES AS NON-CONFORMING/HAZARDOUS STRUCTURES. Fences shall be considered to be structures for the purposes of applying the terms of the non- conforming structure provisions of this chapter, and the hazardous structures provisions of city code and state statute. (Ord. 97-137, passed 8-4-2004) § 154.128 OTHER PROVISIONS; CONFLICTS. To the extent that provisions of this chapter may conflict with other provisions of the city code regarding the regulation of fences and screening, the provisions of this chapter only shall apply. (Ord. 97-137, passed 8-4-2004) SECTION 3. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City ofLake Elmo. SECTION 4. Adoption Date This Ordinance No, 08-044 was adopted on this 71" day ofJune 2011, by a vote of Ayes and Nays. ATTEST: Bruce Messelt City Administrator Mayor Dean A. Johnston 7 Ordinance 08-044B Commission Recon7rnenciation City Council; 6/7/11 This Ordinance No 08-044 was published on the day of 2011 Ordinance 08-044B (Plannin _ mrnission Recommendation) City Council; 6/7/11 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-044B AN ORDINANCE AMENDING THE FENCE REQUIREMENTS OF SECTION 154.120 THROUGH SECTION 154.128 TO ALLOW SOLID FENCES IN CERTAIN SITUATIONS AND TO CLARIFY THE INTENT OF OTHER SECTIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by amending the following language: § 154.120 FENCE HEIGHT AND LOCATION. (A) Fence height in street setbacks. No fence shall be constructed exceeding 42 inches in height measured from grade within any front, side (corner), or rear street setback. Fences constructed within the prescribed street setback areas shall be at least 50% open to air and light. (See Figure 154.120) Figure 154.120: Height of Fencing Curb Lint Proper!), Line STREETDYD 42 In. Maxirnurn-52% Open kr Air & 4101 4 721n, pen Above 42 & 72' 1 42 In. Solid & - Open Ion Inehot I i H 0 1.1 E 42" 72* 42" T R T 0 T N Y R (B) Fence height in interior yards. No fence shall be constructed exceeding 72 inches in height measured from grade in interior yards; and, any portion of such fence Ordinance 08-044 ,anning Commission Recommendation City Council; 6/7/11 above 42 inches measured from grade shall be open to light and air over 75% of the surface area. (C) Fences on double front corner and through lots. (1) Lots with fronting frontage along improved public streets at both the rear yard and the front yard, or along both the side yard and front yard, may apply the standards of division (B) above for fences paralleling the rear or side yards. (2) When the rear property line of a through lot, or the street -side property line of a corner lot, abuts a public street classified as either a principal arterial, A minor arterial, or B minor arterial in the City's Transportation Plan, a fence parallel to that property line may be constructed up to 72 inches in height, but is not reauired to be open to light and air. A corner lot must continue to meet safety requirements of 96.03 (B) 19 regarding the obstruction of view of traffic. (D) Grade defined. The grade from which fence height measurements are calculated shall only be from either natural grade or grade modified responsive to a grading plan approved by the city; and, shall not include the height of berms or introduced increases in ground elevation that would raise the effective fence height over that which would be otherwise permitted by this subchapter, except that a combination of raised grade and fence that would exceed in sum the fence height permitted by this section may be specifically approved by the City Council as an element of a subdivision plat or commercial site plan approval establishing specific property grading and topography. (E) Easement encroachment. Where allowed by other divisions of the fence ordinance and other applicable sections, a fence may be constructed up to one foot off a property line unless an easement is present or it is determined a fence would obstruct a drainage area. An Easement Encroachment Agreement, along with a fence permit, allows a fence to be constructed within a city easement after it has been reviewed and approved by the City Engineer and Citv Council and the applicable fee has been received. (Ord. 97-137, passed 8-4-2004) r 154.121 MATERIALS. (A) Permitted fence materials. Permitted fence materials shall be limited to brick, stone, wood planks, split rail, wrought iron, and as regulated by § 154.123. Vinyl or composite material fences shall also be permitted. (B) Finished face offence. That side of the fence considered to be the face (finished side as opposed to structural supports and frame) shall face abutting property and public streets. (C) Chain link or cyclone fences. Chain link, and wire mesh fences are permitted to a maximum height of 72 inches measured from grade. No chain link, cyclone or wire 2 Ordinance 08-044B (Plannin ,mmission Recommendation) City Council; 6/7/11 mesh fence shall be permitted in any front, side (corner), or rear street setback. (See Figure 154.121) Figure 154.121: Cyclone/Chain Link Fencing STREET SIDE YARD ro •• if Of 4f 44 ...R.041,141:F=1144,. 0 u..bv E rerrrorrArrIririfrx•r, Ciukitt Link Fortailted Chain Link in or Green Only (Ord. 97-137, passed 8-4-2004) R 1 R 6 T A R § 154.122 FENCES IN THE SHORELAND OVERLAY DISIRICT. No fence shall be permitted in the OHW setback of any parcel located in Shoreland, as defined by § 11.01, except where the principal structure is entirely located within the OHW setback. Where the principal structure is at least partially located within the OHW setback, fences complying with the standards of § 154.120(B) may be constructed within the side yard area of the principal structure, but not extending beyond the front and rear exterior walls of the principal structure, Decks, porches and landings of any type shall not be considered a part of the principal structure for the purpose of determining allowable fence. (Ord. 97-137, passed 8-4-2004) § 154.123 TEMPORARY FENCES. (A) Defined. For the purposes of this subchapter temporary fences are those that are installed and removed on a seasonal basis, such as snow fences and garden fences. Ordinance 08-044 , .wiring Commission Recommendation City Council,' 6/7/11 Temporary fences shall be open to light and air over not less than 40% of the fence surface area. (B) Duration and limitation. No snow fence shall or posts therefore shall be installed prior to November 1, and must be removed prior to April 15. (C) Height and location. Temporary fences shall comply with the fence and fence location standards of § 154.120, except that snow fences shall be set back at least 50 feet from any south or east property line, or such additional distance as may be required to prevent the accumulation of snow on public streets or adjoining property, as determined by the Building Official. (Ord. 97-137, passed 8-4-2004) 0§ 154.124 AGRICULTURAL EXEMPTION. Fences constructed on parcels in excess of 5 acres for the keeping of horses; and fences constructed on parcels in excess of 10 acres for the keeping of other livestock, as defined by § 11.01, are specifically exempted from the provisions of this subchapter. Any such agricultural fencing shall be at least 75% open to air and light. (Ord. 97-137, passed 8-4-2004) § 154.125 FENCES AS SCREENING AND SECURITY, AS REQUIRED. (A) Generally. The Lake Elmo City Code and this chapter include prescribed physical circumstances of a site where screening of uses, equipment, and outside storage is required. In those prescribed circumstances, fence not to exceed 72 inches in height measured from grade may be installed, subject to the following standards: (1) Required fences for screening and security purposes in Agricultural and Residential zoning districts shall be set back from all property lines equal to the required structure set back of the zoning district in which they are located, except where residential zoned lots share a common property line with commercial uses, or commercial zoning districts and only on the common property line between the residential and commercial parcels. (Am. Ord. 97-169, passed 5-2-2006) (2) The provisions of § 154.120 regarding fence height measurement from grade shall apply. No combination of earthen berm and fence may exceed the 72-inch maximum height for screening. (3) Materials used for screening shall be limited to those specified by § 154.121. 4 Ordinance 08-044B (Plan Anrnission Recommendation) City Council; 6/7/11 (4) No such screening shall be roofed or covered in any manner. (Ord. 97-137, passed 8-4-2004) (5) Solid fence not to exceed 72 inches in height measured from grade may be installed, subject to the following standards: (a) The total area of any parcel enclosed by solid fencing shall not exceed the maximum allowable area for an accessory structure in the zoning district in which the parcel is located, less the sum of the area of any accessory structures located on the same tax parcel. 0.1 The area enclosed by screen fencing shall maintain a ratio of width to length of no greater than 2:1. (See § 154.093). (c) A screening fence that is not enclosed may be allowed provided the total length of said fence does not exceed the perimeter of the largest accessory building perrnitted in the zoning district in which the parcel is located, less the sum of the area (or Perimeter) of any accessory structures located on the same tax parcel. (B) Outdoor living area extensions. Solid fencing to a maximum height of 72 inches may be used to enclose outdoor extended living areas of a principal structure, subject to the following standards: (1) The area enclosed by outdoor extended living area fencing shall not exceed an enclosed area of 500 square feet. (2) Fence utilized to enclose an outdoor extended living area shall be extended to a point not more than 6 inches from the principal structure at 1 fence termination point. (3) Fence utilized to enclose an outdoor extended living area shall not extend into side yard of a lot beyond the existing building line of the existing principal structure, nor shall such fences be located in any side or front street yard. (See Figure 154.125) Figure 154.125: Fencing for Outdoor Living Area 5 Ordinance 08-044B ,mning COMITIeSS/00 Recommendation) City Council; 6/7/11 Curb Linc Properly Line STREET SIDE YARD Fence ienclose Dub:leer Wing -area shall DV oxford intIo aids yard of Jo beyond °slating bullring lino, nor she, ouch farina he tonalad in any old& of front street hoighi of 72 inchrs. Solid fencing [Wilding Line 0 E L41.401•••• • - - , + The area ineloSed y outdoor eolended trying ama flowing shall Pal wooed an enclosed ars of PO *ewe feel. Fence Okada) mime en outdoor ooanded Wu; area shall he Winded to a point not room than6 Indio ton the- Owl* structure ad ono I awe, taming. ton point (Am. Ord. 97-155, passed 4-19-2005) § 154.126 PERMITS REQUIRED. s T E T F 0 T Y N R (A) Except as noted herein, installation of all fences requires a fence permit issued by the City of Lake Elmo. This permit shall be applied for on such forms, include such documentation, and include such fees to the city for processing as may be prescribed from time to time by the City Council. Fences exempt from requiring an installation permit are limited to the following: (1) Fences of any type installed for the sole purpose of the keeping of domestic farm animals, as defined by § 11.01, and regulated by § 154.104(E) of this Code. All such fences shall be removed by the property owner within 6 months of the termination of the keeping of domestic farm animals, unless an extension is specifically authorized by City Council action; and (2) Fences of any type installed by municipal, county or state governments and public utilities for facility security or the delineation and/or protection of public rights -of - way. (B) Failure to obtain a city fence permit prior to the installation of any fence subject to this regulation shall result in an automatic double permit fee, in addition to any 6 Ordinance 08-044B (Plannino Jminission Recommendation) City Council; 6/7/11 corrective measures to bring the fence into compliance with the standards for fences prescribed by this chapter. (Ord. 97-137, passed 8-4-2004) G,) § 154.127 FENCES AS NON-CONFORMING/HAZARDOUS STRUCTURES. Fences shall be considered to be structures for the purposes of applying the terms of the non- conforming structure provisions of this chapter, and the hazardous structures provisions of city code and state statute. (Ord. 97-137, passed 8-4-2004) § 154.128 OTHER PROVISIONS; CONFLICTS. To the extent that provisions of this chapter may conflict with other provisions of the city code regarding the regulation of fences and screening, the provisions of this chapter only shall apply. (Ord. 97-137, passed 8-4-2004) SECTION 3. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date This Ordinance No. 08-044 was adopted on this 7tb day of June 2011, by a vote of Ayes and Nays. ATTEST: Bruce Messelt City Administrator Mayor Dean A. Johnston 7 Ordinance 08-04413, ,anning Commission Recommendation) City Council; 6/7/11 This Ordinance No 08-044 was published on the day of 2011 8 CITY OF LAKE ELMO RESOLUTION NO. 2011-021 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-044 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-044, an ordinance to amend the fence regulations within the City of Lake Elmo to allow solid fences up to 72 inches in height in a rear yard when abutting a road classified as a primary arterial, A minor arterial or B minor arterial and to require easement encroachment agreements when a fence is proposed to be constructed within a city easement; 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. 08-044 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 Ordinance No. 08-044. The ordinance amends Title XV of the City Code, Land Use Regulations, allowing solid fences to be constructed within a rear yard when the rear yard abuts a road classified as a primary arterial, A minor arterial or B minor arterial. The Ordinance also requires an Easement Encroachment Agreement be submitted to the city holding the city harmless if a private property owner wishes to construct a fence within a city easement. The full text of Ordinance No.08-044 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean A. Johnston BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance in his office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: , 2011. Mayor Dean Johnston ATTEST: Bruce Messelt City Administrator (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. FIGURE 2: EXISTING FUNCTIONAL CLASSIFICATION Transportation Plan 2030 Comprehensive Plan City of Lake Elmo, Minnesota • Cfri OF LAKE ELMO Map date: April 2009 Prepared by: TKDA ENGINEERS• ARCHITECTS . P1EI INAITATION OF LIAktLetY Ilt dm*tb,ota lope* eekerdek neap ee streak old k reel intkndeb to tke used es one This map It cokketelion or eakkeds and ikkernetIon kern vaeiekes agate, vounly, and etiy offices, end allot saurdak LEGEND E:3 City Boundary Roadways Parcels 0:2 Lakes EXISTING FUNCTIONAL CLASSIFICATION - Principal Arierlal uli'Rm A Minor Arterial — B Minor Arterial Gomm Major Collector 0,wr. Minor Collector DRAFT Public Hearing — Amendment to Fence Ordinance Planner Matzek introduced amendments to the fence ordinance to allow solid fences to be constructed on the rear or side of a through lot that abuts a road with a classification of principal arterial, A minor arterial or B minor arterial. She said the solid fence, as written, would not be allowed in the side yard when it does not abut a street or the side yard of a corner lot — only a through lot, even when allowed along the rear yard. She said an additional amendment puts into place the need for an Easement Encroachment Agreement when a fence is proposed within an easement, Staff is recommending the approval of the amendments to the ordinance, but to remove the language regarding the side yard and only allowing the solid fences in yards designated as rear yards. Commissioner Fliflet said a variance is an option for residentsinterested in adding a solid fence in a location not outright allowed. Commissioner Hall asked if the city has requirements*? 16ep obstructions from the view of traffic at street intersections. , Planner Matzek said there are not specific disatiees„listed, but it is a nuisance to obstruct those views and she would rely on the City EngineerAo deteriiiine that distance based on the speed of traffic. Commissioner Haggard expressed coneeriii.7,egarding the viewi'of traffic also leaving private driveways when they are not adjaceriVotapart of a street intersection. Commissioner Williams„saidyariances are expensive atia.i6 ask residents to pay for that without knowing if tilqkitil**ble to put irtAheir fence is asking too much. He suggested adding ar(exception'fbi special cases involving side yards, He suggested changing the definitioii4fdouble.front lot to inellide front and side. Commissioner Ziettnan asked if a solid'fence were allowed if it meets the setback requirement for a Arno Planning -Director Klatt said screening fences are required when there is something being stored outSidethat is not allowed to be stored outside. He said there is also a provision in the code that allows a solid fence, if it is entirely enclosed that the same size as an accessory building allowed on the property, He said staff is suggesting a change to that portion of the ordinan' be -as well. Planner Matzek said she received an email from a resident interested in the fence ordinance, Her concern was that the ordinance does not allow fences to be within the Ordinary High Waterline setback and she thought it should be allowed. Chairman Van Zandt said lakeside property owners' property rights are frequently violated, Commissioner Haggard asked if variance fees can be waived or reduced for fence appli cations. Lake Ehno Planning Commission Minutes; 5-23-11 4 DRAFT Planner Matzek said that would be a legal question and she would ask the City Attorney. THE CHAIRMAN OPENED THE PUBLIC HEARING AT 8:06 P.M. Rob Konop, 12418 Marquess Way N Mr. Konop said his neighbors have a solid fence adjacent to Highway 5. He said that variances are expensive and the fence ordinance is currently more restrictive then any other city. He said be needs a solid six foot fence in the side yards as well because neighbors can look into his back yard and could grab his kids. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 800 Commissioner Fliflet said she supports a strict fence ordirtance;biitdoes not like the idea of having mismatching fences in the back yard and sikyar4s. She said to fix the problem for that person who spoke, it still wouldn'OCCOMplish what iOping sought because you could see in the side yard from Highway 5. Commissioner Bidon asked if there were regulations 'for larigeaping or berrns. Planner Matzek said there are not regillations for landscapi4, but berms may be regulated if they affect drainage. Chairman Van Zandt said it amazes him that pe9P1ebUxhomes in the airport approach path and then complain about,the noise fi-oin the airplanesF''Ile said the homes were cheaper to start with beeauSe-Of4he airport and noise. •:, Commissioner Zieltnian:-noted that when commercial uses abut residential property that the commercial property i0eqiiiredftereen-,that area by either a fence or landscaping, Commissioner Williar-nssaid he thinks the definition for double frontage lot should be changed .-z-,:!, CommissiOner:f liflet asked why the city would care if the person's yard was a side yard instead of a rear)7ard if they felt the need to have a screening fence on a busy roadway. Commissioner Obernineller suggested certain architecturally appealing fences could be allowed to be up to 72 inches. M/S, Williams/Hall, moved to amend 154.120 C 1 to say "lots with frontage along improved public streets at both the rear yard and front yard or at both the front yard and a side yard may apply the standards of subdivision B above for fences paralleling rear or side yards" and to change "fences on double front lots" to "fences on through lots." Commissioner Fliflet said she would be more supportive if it was a separate paragraph and remove it from the double frontage paragraph. Lake Elmo Planning Commission Minutes; 5-23-11 DRAFT Planning Director Klatt said there is not a definition for "double frontage lot," but there is a definition of "through lot." Commissioner Williams said the definition for through lot says all roads abutting a street should be considered the front yard, but that isn't what is wanted. Planning Director Klatt said the fence ordinance makes that as an exception where it is considered differently. Vote: 8:0. M/S, Williams/Ziertman, move to recommend approval of revised fence ordinance as amended. Commissioner Fliflet said she is not in favor of it as itdoes not seenilo solve the problem, Commissioner Haggard said she is nervous about the safety issues with regards to sight distances, specifically regarding driveways. Planning Director Klatt said it could beAllowed as a conditional use permit which would require an individual review. Commission Haggard suggested having alpwery,ariancefee..fer fences. M/S Williams/Hall, move to postpone consideration ofthe previous motion and direct staff to return at a future date with proposed language which will satisfy the commission's concerri::::2, M/S, Hall/, lhantis,:to arn end the motion -to 'include the reasons for postponing are to ensure staff has cleartY*derstOod the commission's intent and motions and can come back With alternate language and additional information for the commission. Vote on amendment failed 2:6, Against: Ziertman, Fliflet, Van Zandt, Obennueller, Bidon and Haggard. Vote on motion to postpone consideration failed 3:5. Against: Ziertman, Fliflet, Van Zandt, Bidon and Haggard M/S/F, Obermeuler/Ziertman, move to amend the original motion to not allow fences in a. side yard on a corner lot, but instead to ask the City Council to consider a sliding fee for a fence variance. Vote: 3:5. Against: Williams, Hall, Van Zandt, --4-wac4 Original motion made by Commissioner Williams on ordinance: Vote: 4:3. Obeimueller abstained, Lake Elmo Planning Commission Minutes; 5-23-11 6 EXISTING, UNCHANGED SECTIONS OF CODE. § 96.03 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. (B) (19) Obstruction o view of traffic. All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached; § 11.01 DEFINITIONS. FENCE. A partition, structure, wall, or gate erected as a dividing marker, visual or physical barrier, or enclosure, not to include any roof or covering. LOT AREA. The minimum of a horizontal plane within the lot lines. LOT, BUILDABLE. A lot which meets or exceeds all requirements of the community land use and development ordinances without the necessity of variances, LOT CONSOLIDATION. The combining of 2 or more existing parcels into 1 parcel and recorded as 1 parcel with the County Recorder's Office. LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets; or a lot at the point of a deflection in alignment of a single street, the interior angle or which does not exceed 135 degrees, LOT, CORNER. A lot situated at the intersection of 2 streets, the interior angle of the intersection not exceeding 135 degrees. LOT DEPTH. The mean horizontal distance between the front and rear lines of a lot. LOT IMPROVEMENT. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of the betterment. LOT, INTERIOR. A lot other than a corner lot, including through lots. LOT LINE, FRONT. The boundary of a lot which abuts a public street. In the case of a corner lot, it shall be the shortest dimension of a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner. In the case of a corner lot in a non-residential area, the lot shall be deemed to have frontage on both streets. LOT LINE, REAR. The boundary of a lot which is opposite to the front lot line. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line. LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line. LOT LINE. A lot line is the property line bounding a lot except that where any portion of a lot extends into a public right-of-way or a proposed public right-of-way, the line of the public right-of-way shall be the lot line. LOT, NON -RIPARIAN. A separate parcel of land within a designated shoreland area but which does not have frontage along a lake or tributary stream. LOT, RIPARIAN. A separate parcel of land within a designated shoreland area having frontage along a lake or tributary stream. LOT, THROUGH. Any lot other than a corner lot which abuts more than 1 street. On a THROUGH LOT, all the street lines shall be considered the front lines for applying this section. LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at the setback line. LOT. A parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by the description for the purpose of sale, lease or separation. LOT. An area within a manufactured home park designed or used for the accommodation of a manufactured home. CITY OF LAKE ELWW A YOR & COUNCIL COMMUNICATION DATE: 6/7/2011 REGULAR ITEM ft: 4 MOTION AGENDA ITEM: Kindred Court Drainage Corrections — Approve Project, Authorize Design and Obtain Contractor Quotes SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Bruce Messelt, City Administratorp REVIEWED BY: Mike Bouthilet, Public Works Jack Griffin, City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the Kindred Court Drainage Corrections project in 2011 by authorizing the design, directing staff to obtain contractor quotes, and retaining a contractor to complete the work for a not to exceed total project amount of $44,200. The project could be funded through Bond proceeds from the 2011 Street Improvement Bonds or it could be deferred until 2012 and funded through the 2012 Street Maintenance Budget. Should the Council choose to approve this project, the suggested motion is as follows: SUGGESTED MOTION: "Move to approve the Kindred Court Drainage Corrections project to be constructed in 2011 and funded through Bond proceeds for the 2011 Street Improvement Bonds, for a not to exceed amount of $44,200." Or "Move to approve the Kindred Court Drainage Corrections project to be constructed in 2012 and direct staff to prepare a project budget line item in the proposed 2012 Street Maintenance Budget." BACKGROUND INFORMATION AND STAFF REPORT: Kindred Court is a local residential street located in the Hamlet on Sunfish Lake subdivision. The street was originally constructed in 1998. Although the streets in this subdivision are generally in good condition, there is an isolated on -going drainage problem located at the south end cul-de-sac of Kindred Court. Due to a minimal street grade and localized settlement of the street in this area, the roadway has not drained properly over the past several years. Settlement in the street has altered the drainage -- page 1 -- s• City Council Meeting ,ndred Court Drainage Corrections - Approve ject, Authorize Design & Quotes June 7th, 2011 Agenda Item # 4 pattern, trapping runoff from its intended discharge point. The trapped water is rather significant; to the point that it is a hazard, a significant nuisance, and will continue to further deteriorate the roadway if left unrepaired. The captive water creates a pond in the roadway centered at the end of the driveway at 3720 Kindred Court. This resident has been in contact with City staff over the years working to resolve the issue. During freezing conditions, an ice patch forms in this area that covers over half the road. Working with the two impacted residents, the Public Works Department has made multiple attempts to correct the issue by placing additional pavement over the settled areas, and by creating a second drainage discharge point from the roadway. With no easy answer to the problem, the Public Works staff has requested an engineered solution. Using project record drawings together with a site visit, it appears that positive drainage could be restored to its originally intended drainage pattern by correcting approximately 300 feet of roadway. Detailed survey and plan grades would need to be established and construction stakes would be necessary to guide the contractor at the site. A preliminary cost estimate for the corrective work ranges from $24,000 to $40,000 depending upon the amount of street section to be removed and the extent of subgrade correction work once the bituminous has been removed. The engineering work would consist of design survey, mapping existing conditions, and preparing a corrective street grade plan together with specifications and a small project form of contract. Contractor quotes would be solicited, received and awarded, and construction staking and coordination would be provided. The estimated engineering costs for this project are S4,200. FUNDING: Corrective work for Kindred Court is not currently part of the City's Street Capital Improvement Plan. The work would typically be considered a maintenance activity and therefore would not be assessed against the adjacent properties. Funding for this project would need to come from the street maintenance funds, which, for the 2011 Budget, is already 100% dedicated. Should the Council choose to move forward with this project, the Finance Department has identified the following two funding Alternatives: 1. To complete the project this construction season, staff would add the total project costs to the 2011 Street Improvement Bond and use the bond proceeds. 2. Postpone the project until 2012 and create a specific line item in the 2012 Street Maintenance Budget for this improvement. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council move to approve the Kindred Court Drainage Corrections project to be constructed in 2011 by undertaking the following action: "Move to approve the Kindred Court Drainage Corrections project to be constructed in 2011 and funded through Bond proceeds for the 2011 Street Improvement Bonds, for a not to exceed amount of $44,200." Alternatively, the City Council does have the authority to table this item for future consideration, or further discuss, deliberate and/or, if appropriate, amend the recommended motion prior to page 2 -- City Council Meeting June 7th, 2011 1( red Court Drainage Corrections - Approve P t, Authorize Design & Quotes Agenda Item # 4 taking action. If the latter is done so, the appropriate action of the Council following such discussion would be: "Move to approve the Kindred Court Drainage Corrections project for a not to exceed amount of $44,200 [and as amended and/or modified at tonight's meeting]." ATTACHMENTS: (1) Location Map SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Pres entati on City Engineer Questions from Council to Staff.... ............ ......... . ...... ....... Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Call for Motion ....... ........ ....... .......................... Mayor & City Council Discussion Mayor Facilitates Action on Motion Mayor & City Council -- page 3 -- CI KINDRED COURT DRAINAGE CORRECTIONS LOCATION MAP LAKE Legend ELMO KINDRED CRT City Hall MO Irnm. M.nrN enmr.pete Public Works Building 3440k..IM.N 1151111,6411 Fire Stations Parcels Subdivisions City Parks Coll Course Lake Elmo Regional Park Reserve • 0h15 emruaam Lakes 00.06.1 a2 11E111111111mi. Map Data: Apol2011 Created By TKDA LAKE ELMO MAYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 6/7/2011 REGULAR ITEM #: 5 MOTION Municipal Separate Storm Sewer System (MS4) Pen -nit Program — Annual Public Meeting and Accept the 2010 MS4 Annual Report Ryan Stempski, Assistant City Engineer Bruce A. Messelt, City Administrator Jack Griffin, City Engineer Mike Bouthilet, Public Works Carol Kriegler, Project Assistant SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to conduct the Annual Public Meeting for the Municipal Separate Storm Sewer System (MS4) permit program, receive the City Engineer's presentation and report, and receive public input and comments. After receiving public comments, it is respectfully requested that the Council accept the 2010 MS4 Annual Report by making the following suggested motion: "Move to accept the Municipal Separate Storm Sewer System (MS4) Annual Report for 2010, and authorize staff to submit this report to the MPCA by June 30, 2011." STAFF REPORT: As part of the on -going permit requirements as a mandatory Municipal Separate Storm Sewer System (MS4) City, staff has prepared the 2010 MS4 Annual Report and will present a surmnary report to the City Council and general public. The City must hold an annual meeting to encourage public discussion and participation regarding its storm water quality and steps it is taking to address the City's Permit requirements. Notice of the Public Meeting was published in the Oakdale -Lake Elmo Review on May 4, 2011 (see attachment No. 1). The input received will be considered for updating the City's Storm Water Pollution Prevention Program (SWPPP) and the meeting minutes will be incorporated into the City's final report. The 2010 MS4 Annual Report must be submitted to the MPCA by June 30, 2011. A copy of the City's Storm Water Pollution Prevention Program (SWPPP) is available on the City website. The Annual meeting is scheduled to be held as part of the regular City Council meeting at City Hall. The agenda for this meeting will include: • A Presentation about implementation of the City's Storm Water Pollution Prevention Program in 2010, -- page 1 -- City Council Meeting 4 Permit Program Annual Public Meetin 2010 Annual Report Acceptance June 7th, 2011 Regular Agenda Item # 5 Affording interested persons an opportunity to make oral statements concerning the Storm Water Pollution Prevention Program, Consideration of relevant written materials that interested persons submit, concerning the Storm Water Pollution Prevention Program; and, Consideration of public input in making adjustments to the 2011. implementation plan for the Storm Water Pollution Prevention Program. Looking ahead, it appears that there may be significant changes to the MS4 permit program requirements over the next 1-2 years. Staff actively monitors and tracks permit program changes and legislation related to storm water management. In 2011, it is anticipated that there will be additional program requirements as mandated by the USEPA, the MPCA, and the Minnesota State Legislature. MS4 PERMIT UPDATE: The City's MS4 Permit was issued on June 1, 2006 and was set to expire on May 31, 2011. Last December the City submitted its reapplication and associated fee (due 180 days prior to expiration) to remain in compliance with Federal/State Rules until the new Permit requirements are finalized. The Municipal Separate Stonit Sewer Permit Program (MS4) operates under a five year renewable cycle and is intended by Federal Rules to be a continuous improvement program with the first 5-year Permit focusing on "program development". The last MS4 General Permit by the MPCA was issued in June 2006 and was set to expire on May 31, 2011. However, the USEPA/MPCA has not yet fully established the next 5-year program requirements. The MPCA is working on reissuance of the MS4 General Permit and has just recently released (June 1, 2011) the new requirements for a 45-day public comment period. It is their intent to have the final requirements in place by December 2011. The focus of these new requirements is stated to be "measuring implementation". Once in place, it will be an expectation that all 235 Minnesota MS4's (including Lake Elmo) prepare a new 5-year Stomiwater Pollution Prevention Program (SWPPP). This will likely be a significant work effort for the City. We anticipate an all new Permit format developed by the USEPA along with several new requirements and a new implementation focus. In addition to the new MS4 Permit, the Minnesota State Legislature has also become involved in storm water management. In 2009, legislation was passed to require the MPCA to develop a detailed inventory of all storm water ponds in Mirmesota. This requirement will be passed on to local MS4 governments in the new Permit. These laws were enacted as a result of the coal tar - based sealants often found in storm water pond sediments. Finally, staff continues to track and provide comment on two active TMDL studies, the Lake St. Croix TMDL and the Brown's Creek TMDL. Once these studies are finalized, the City will be required to revise its SWPPP to address waste load allocations set for the City. -- page 2 -- City Council Meeting IS4 Permit Program Annual Public Meeting k )10 Annual Report Acceptance June 7th, 2011 Regular Agenda Item # 5 2010 MS4 REPORT HIGHLIGHTS: The City's annual implementation of its Storm Water Pollution Prevention Program (SWPPP) addresses all permit requirements through six minimum control measures as outlined below., MCM 1 and 2: Public Education & Outreach, Public Involvement & Participation; The. City continues to bea member of the East Metro Water Resource Education Program (EMWREP), which continues to be a high value, low cost solution to address many of the educational and public outreach requirements of the City's permit program. More specifically, the EMWREP partnership covers the majority of Minimum Control Measures 1 and 2 (Public Education, Outreach, Involvement, and Participation). A copy of the EMWREP Annual Report has been included as attachment No. 2 in this report. Lake Elmo staff has also created educational materials for the public on illicit discharge (available at City Hall or on the City's website). MCM 3: Illicit Discharge Detection and Elimination: City staff did not get an Illicit Discharge Ordinance prepared and adopted as required by the 2010 permit implementation program, This requirement will be addressed in 2011. As part of the MS4 Outfall Inspections, Public Works staff inspected potential contamination sites within the City (mining sites, sites with large stockpiles, etc.). An annual inspection process is currently being developed to program and document this annual inspection process. A complete list of potential contamination sites across the City will be covered, MCM 4: Construction Site Storm Water Controls: Enforcement of building and construction site erosion control has been successfully increased to bring builders/contractors into compliance through check lists and enforcement guidelines. This past year, there were 6 violations cited to builders for non-compliance to the City's Erosion and Sediment Control Ordinance. MCM 5: Post -Construction Storm Water Management for development and redevelopment: Planning and engineering staff continue to develop and implement storm water BMP design standards to address storm water quality improvements for projects, redevelopment and development activities throughout the City. As part of this initiative, new rain gardens are constructed each year along with the City's street improvement program. Eleven (11) rain gardens were constructed in 2010 with approximately 12 rain gardens being planned in 2011. As part of the project design, staff looks for opportunities to address storm water quality issues in sensitive high priority areas. In conjunction with the 2010 street improvement projects, staff installed two sump catch basins to capture sediment and debris in storm water structures prior to discharging to water bodies near Lake Jane, With the Jane Road reclaim project, a long infiltration ditch with native seed mix was used in lieu of concrete curb and gutter and conventional storm sewer, to address a direct discharge point to Lake Jane. Additional storm water management initiatives are implemented as the opportunities arise. For example, four rain gardens were constructed as part of the parking lot improvements in Sunfish Lake Park; water quality plantings consisting of native, deep-rooted species were installed in the -- page 3 — City Council Meeting ., MS4 Permit Program Annual Public Meetinj 2010 Annual Report Acceptance June 7th, 2011 Regular Agenda Item # 5 Old Village Area along a drainage ditch to improve infiltration in. an area known for nuisance flooding; and as staff reviews Building Pernaits; applications are consistently reviewed for adherence to maximum allowed impervious surface areas. In OP Districts, engineered rain gardens and pervious pavements are installed by applicants requesting an additional 5% of impervious surface. MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations: The Public Works Department completed inspection of a minimum of 20% of the MS4 Outfalls again this spring. They completed inspections in the NE Quadrant of the City. Inspections and follow-up maintenance prioritization lists were developed and are available upon request at the Public Works Building. Public Works also keeps a list of all the storm water maintenance activities completed throughout the year (structure repair, street sweeping, ditch cleanout, BMP maintenance, and drainage issues, etc.), BACKGROUND INFORMATION: The Municipal Separate Storm Sewer System (MS4) general permit is mandated by the federal regulations under the Clean Water Act and administered by the Minnesota Pollution Control Agency. The MS4 permitting program gives owners or operators of municipal separate storm sewer systems approval to discharge storm water to lakes, rivers and wetlands in Minnesota. The MS4 general permit focuses on reducing the pollution that enters these public systems and discharges to wetlands, streams and lakes ("waters of the state"). By federal rule, storm water systems in urban areas are labeled Mandatory MS4s. The City of Lake Elmo is a Mandatory MS4 City. As a MS4 City, Lake Elmo is required to obtain and comply with a National Pollutant Discharge and Elimination System (NPDES) storm water permit. To meet these requirements the City has prepared and is implementing a five year Storm Water Pollution Prevention Program (SWPPP) which specifies and outlines a series of best management practices intended to satisfy the permit requirements for each of six minimum control measures. The six minimum control measures are: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Controls 5. Post -Construction Storm Water Management for development and redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations In addition to these minimum measures, the City of Lake Elmo must address any impaired waters as identified by the USEPA list and review whether changes may be warranted in the City's Storm Water Pollution Prevention Program (SWPPP). RECOMNIENDATION: Based upon the above background information and staff report, it is recommended that the City Council move to approve the suggested motion by undertaking the following action: page 4 — City Council Meeting /1S4 Permit Program Annual Public -Meeting J10 Annual Report Acceptance June 7th, 2011 Regular Agenda Item # 5 "Move to accept the Municipal Separate Storm Sewer System (MS4) Annual Report for 2010, and authorize staff to submit this report to the MPCA by June 30, 2011." ATTACHMENTS: (3) 1. Notice of Annual Public Meeting 2. 2010 MS4 Annual Report 3. EMWREP Annual Report SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Presentation City Engineer Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate ................... ........ ..... ........ Mayor Facilitates Call for Motion „................ ....... . ......... ........ ...... ..... Mayor & City Council Discussion Mayor Facilitates Action on Motion Mayor & City Council -- page 5 -- a IT OF LAKE ELMO NOTICE OF ANNUAL PUBLIC MEETING ON THE CITY STORM WATER POLLUTION PREVENTION PROGRAM Notice is hereby given that the City Council of Lake Elmo will meet at City Hall at 7:00 p.m. on Tuesday, June 7, 2011, to conduct a public meeting to encourage public discussion and participation regarding its storm water quality and Storm Water Pollution Prevention Program. A 1987 Amendment to the Federal Clean Water Act required implementation of a two-phase comprehensive national program to reduce pollution from storm water runoff. A National Pollutant Discharge Elimination System (NPDES) permit from the Minnesota Pollution Control Agency (MPCA) is required as part of this program. The permit identifies a number of measures that must be met or implemented by each community. The six minimum measures are: • Public Education and Outreach • Public Involvement and Participation • Illicit Discharge Detection and Elimination • Construction Site Storm Water Controls • Post -Construction Storm Water Management for development and redevelopment • Pollution Prevention/Good Housekeeping for Municipal Operations The City's Storm Water Pollution Prevention Program (SWPPP) specifies best management practices intended to satisfy the permit requirements for each of the minimum measures. As part of this program, the City is required to hold an annual meeting to encourage public discussion and participation regarding its storm water quality and steps it is taking to address the six minimum control measures. A copy of the SWPPP is available by contacting the City Engineer. An annual report will be submitted to the MPCA in June 2011 The minutes of the annual public meeting will be incorporated into the City's annual report. The meeting will be held as part of the regular city council meeting at City Hall. The agenda for this meeting will include: 1) A Presentation about implementation of the City's Surface Water Pollution Prevention Program in 2010, 2) Affording interested persons the opportunity to make oral statements concerning the Storm Water Pollution Prevention Program, 3) Consideration of relevant written materials that interested persons submit concerning the Storm Water Pollution Prevention Program; and, 4) Consideration of public input in making adjustments to the 2011 implementation plan for the Storm Water Pollution Prevention Program, DATED: April 28, 2011 BY ORDER OF THE LAKE ELMO CITY CLERK Sharon Lumby, City Clerk (Published in the Oakdale -Lake Elmo Review on May 4, 2011) Control Agency 520 ' ette Road North -SL Paul,KIN �5755-.41194 I MS4 Aal Report for 201 0 IllillSewer Systems (MS4s) Reporting period jmnumry1,lV1UtoVecemUer]1,2O10 Due June 30,2011 Doc Type: Permitting Annual Report - Instructions: Bycompleting this mandatory MS4Annual Report form, you are providingthe M|nnaao�P�|uUonOnn�oAgency MPO� with a summary of your status of compliance with permit conditions, Including a I identified best management practIces (BMPs) and progress towards achieving your identified measurable goals for each of the minimum control measures as required by the MS4 Permit, If a permiftee determines that program Status or compliance with the permit can not be adequately reflected within the structure of this form additional explanation and/or information may be referenced in an attachment, This form has signif icant limitations and provides only a snap shot of MS4 compliance with the conditions in the Permit. After reviewing the information, MPCA staff may need to contact the permittee to clarify or seek additional information. The M PCA enforcement policy Is to provide the opportunity to respond to any alleged vlolations before any enforcement action is taken. Submittal: This MS4Annual Report must bosubmitted electronically tothe MPCAusing the submit button aLthe end ofthe form, from the person that |aduly authorized 1ocertify this form. All questions with an asterisk (*) are required fields (these fields also have ored border).and must be completed before the form will send. A confirmation e-mail will be sent in response to electronic submissions. To obtain an electronic copy of the 2010 MS4 Annual Report form, please visit the MPCA website at: Kyou have further questions, please contact one of these MPCA staff members (tol����57-3864): ° JoyneCie|uoh ° Scott Fox ° Amy Garcia 218-840-7387 651-757-2368 651'757`2077 General Contact Information (*Required fields) *Nomnof M34: Citv of Lake Elmo Wailing address: 3800 Laverne Ave. N *City Lake Elmo *State: MN *Zip code: 55042 *Phone (including area uoue): 651/777-5510 *E-mail: rymn.stempoki(a,)tkdm.onm El Check here if this contact information is different than the contact indicated on the mailing label. *Contact name: Ryan Otompoki.P� Minimum Control MeaSurei: Public Education and Outreach [V.G,11](~Raquiedfields) A. The permit requires each Permittee to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on waterbodies and steps that the public can Uaho 0x.mducepo||utanto in utomnwatorrunuff. [PortV.G1.a] Note: Please indicate which of the following distribution methods you used during the 201 D calendar year. Indicate the number distributed in the spaces provided (enter ^U" if the method was not used or "NA" if the data does not exist): Cincu|atiom Number mfmedia Number cftimes published Audience 3 different brochures published 5times eboutY0,000 Odifferent brochures A|vvavaavailable o\City Hall mboui7.000 Lehu Elmo CitvNew|ettor Published 12ortio|ea ubout7.00O Media type Example: Brochures: Brochures; Newsletter: Posters: Newspaper articles: Utility bill inserts: Radio ads: Television ads: Cable Access Channel: Other: Targeted Mailing Other: OUnpn Lillie Review 2 different radio stations Channel 45 Published 52 articles N/A unknown unknown unknown unknown I Mailina Mailed out once 90 households w^°w.pca.stxte.mn.u, , e51-29+6300 ^ uooasraua ^ 77,aa|-2uz5Iuvrum0-657'3uN ^ Available inalternative formats B. *Do you use a website as a tool to distribute stormwater educational materials? 'What is the URL: www.mnwcd.org/emwrep, www.lakeelmo.org - ForMs 8iHandouts E Yes D No C. .If you answered yes in question B. above, do you track hits to the site? El Yes El No How many hits to the stormwater page during 2010: D. *Did you hold stormwater related events, presentations to schools or other such activities? Yes 0 No If yes, please describe: Blue Thumb presentation at June 8, 2010 Lake Elmo Neighborhood Party, Neighborhood Rain Garden Presentations E. *Have specific messages been developed and distributed during the 2010 calendar year for Minimum Control Measure (MCM): MCM 1: MCM 2: MCM 3: Yes 0 No Yes 0 No Yes 0 No MCM 4: 0 Yes Cl No MCM 5: IJYes DNo MCM 6: 0 Yes 0 No F. *Have you developed partnerships with other MS4s, watershed districts, local or state governments, educational Institutions, etc., to assist you in fulfilling the requirements for MCM 1? G. List those entities with which you have partnered during the 2010 calendar year to meet the requirements of this MCM and describe the nature of the agreement(s). Attach a separate sheet if necessary: East Metro Water Resource Education Program - Contract to provide education and public outreach. H. *Have you developed methods to assess the effectiveness of your public education/outreach program? If yes, please describe: Number of residents enrolling in the Rain Garden Program El Yes El No Yes DNo Minimum Control Measure 2: Public Participation/Involvement [V.G.2] (*Required fields) A. *Did you hold a public meeting to present accomplishments for calendar year 2010 and to discuss your Stormwater Pollution Prevention Program (SWPPP)? [Part V.G.1.e] If no, explain: B. What was the date of the public meeting: 06/01/2010 C. How many citizens attended specifically for stormwater (excluding board/councll members and staff/hired consultants)? D. Was the public meeting a stand-alone meeting for stormwater or was it combined with some other function (City Council meeting, other public event, etc.)? E. *Each permittee must solicit and consider input from the public priori() submittal of the annual report. Did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1-3] F. *Have you revised your SWPPP in response to written or oral comments received from the public since the last annual reporting cycle? [Part V.G.2.c] If yes, describe. Attach a separate sheet If necessary: 0 0 Yes 0 No o Stand-alone [El Combined Yes 0 No 0 Yes IE1No Minimum Control Measure 3: Illicit Discharge Detection and Elimination [V.G.3] (*Required fields) The permit requires permittees to develop, implement, and enforce a program to detect and eliminate illicit discharges as defined in 40 CFR 122.26(b)(2). You must also select and implement a program of appropriate BM Ps and measurable goals for this minimum control measure. www, pca. state mn , us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in attemative formats wq-strm4-06 • 1/26/11 Page 2 of 5 A. *Did you update your storm sewer system map in2O18? !f yes, please explainwhich components (pondo'pipeo',ouffals'vwatarbodiem.otc.)were upvatmuauueu. Note: The storm sewer system map was tobecompleted by June 30.2008.[Part WG3.a] B. *Have you modified the format |nwhich the map is available? C. Ifyes, Indicate the new format; []Mardnupyonly []G|Ssystem []CAD [] Other system: D. !Have you established an ordinance or other regulatory mechanism to prohibit illicit discharges and/or nnn*tonnwaterdischarges from entering the MS4Y Note: The Permit requires the ordinance urother regulatory mechanism tobwestablished by June 30'201O(Part V.8.3.b] |fyes, indicate whether you've established an: El Ordinance or FlRegulatory mechanism E. |fyou answered yes |nquestion D.above, provide the date the ordinance orother regulatory mechanism was adopted: F. |fyou answered yes in questionO. above, ucomplete copy ufyour illicit discharge prohibition ordinance orother regulatory mechanism addressing the requirements ufPart V.G.3.b.ofthe Permit must be submitted with this M84Annue| Report. P|eoma provide the VRUrefernnno where your illicit discharge ordinance or other regulatory mechanism may be found. Include specific code numbers if available: DYes Z No El Yes 0 No El Yes MX No The ordinance may alternately bosubmitted momseparate electronic Oe attached mthe e-mail El Yes []No submittal of this annual report. Are you submitting an electronic copy? Minimum Control Measure 4: Construction Site Stormwater Runoff [V.G.41(°Required fields) The permit requires that each permittee develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result In a land disturbance of equal to or greater than one acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres. [Part V,G.4.] A. The permit requires an erosion and sediment control ordinance or regulatory mechanism that must include sanctions to ensure compliance and contains enforcement mechanisms [PartV.G.4.a]. Indicate which ofthe following enforcement mechanisms are contained in your ordinance or regulatory mechanism and the number of actions taken for each mechanism used during the reporting period (enter "0" if the method was not used or "NA" if the data does not exiat). Check all that apply. Enforcement mechanism Number ofactions rA Verbal wmminno # 5 U� Nnboo of viv|ehun # 1 [] Administrative orders # N StoP+vorkun1nm # O � El Fines # NForfeit ofsecurity ofbond money # 0 19 Withholding ofcertificate ofouropancv # O EDCriminal actions # O ED Civil penalties # O B, *Have you developed written procedures for site inspections? 0Yon El No wwnx»m.stute.mn.v` ^ 651'296-6300 , 800-657-3864 ^ 77Yo*1-282'oa2nr0nO6opsew ^ 4vmiahlemalternative formats rq'unn*'os ^ 1/26/11 Page 3 of 5 *Have you developed written procedures for site enforcement? . 0 Yes 0 No D. *Identify the number of active construction sites greater than an acre in your Jurisdiction during the 2010 calendar year; 5 E. *On average, how frequently are construction sites inspected (e.g., weekly, monthly, etc.)? Weekly F. *How many inspectors, at any time, did you have available to verify erosion and sediment control compliance at construction sites during the 2010 calendar year: 2 Minimum Control Measure 5: Post -construction Stormwater Management in New Development and Redevelopment [V.G.51 (*Required fields) The permit requires each permittee to develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb an area greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. You must also select and Implement a program of appropriate BMPs and measurable goals for this minimum control measure. Note: The MS4 permit requirements associated with this minimum control measure were required to be fully developed and implemented by June 30, 2008, A. *Have you established design standards for stormwater treatment BMPs installed as a result of ❑x Yes ❑ No post -construction requirements? B. *Have you developed procedures for site plan review which incorporate consideration of water I Yes 0 No quality Impacts? C. *How many projects have you reviewed during the 2010 calendar year to ensure adequate long- term operation and maintenance of permanent stormwater treatment BMPs installed as a result of post -construction requirements? [Part V.G.5.b.and Part V.G.5.c]. 1 D. *Do plan reviewers use a checklist when reviewing plans? 0 Yes 0 No E. *How are you funding the long-term operation and maintenance of your stormwater management system? (Check all that apply) ❑x Grants ❑x Stormwater utility fee ❑x Taxes ❑ Other: Minimum Control Measure 6: Pollution Prevention/Good Housekeeping for Municipal Operations [V.G.6] (*Required fields) The permit requires each MS4 to develop and Implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your program must include employee training to prevent and reduce stormwater pollution from activities, such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. A. *Indicate the total number of structural pollution control devices (for example -grit chambers, sumps, floatable skimmers, etc.) within your MS4, the total number that were inspected in 2010, and calculate the percent inspected. Enter "0" if your MS4 does not contain structural pollution control devices or none were inspected in 2010. Enter "NA" if the data does not exist: *Structural pollution control devices: *Total number 4 *Number inspected 4 *Percentage 100 B, *Did you repair, replace, or maintain any structural pollution control devices'? ❑ Yes ❑X No C. *For each BMP below, indicate the total number within your MS4, how many of each BMP type were inspected and the percent inspected in 2010, Enter "0" if your MS4 does not contain BMPs or none were inspected in 2010. Enter "NA" If the data does not exist: Structure/Facility type *Total number *Number inspected *Percentage *Outfalls to receiving waters: 126 25 20% *Sediment basins/ponds: 69 37 54% *Total 195 62 32% www.pca.state.mn.us • 651-296-6300 • 800-657-3864 TTY 651.282.5332 or 800.657.3864 • Available in alternative formats wq-strm4-06 • 1126111 Page 4 of 5 D, Of the BMPs inspected in C. above, did you Include any privately owned BMPs in that number? [I Yes 0 No E. If yes In D. above, how many? Unknown Section 7: Impaired Waters Review (*Required fields) The permit requires any MS4 that discharges to a Water of the State, which appears on the current U. S. Environmental Protection Agency (EPA) approved list of impaired waters under Section 303(d) of the Clean Water Act, review whether changes to the SWPPP may be warranted to reduce the impact of your discharge [Part IV.D]. A. *Does your MS4 discharge to any waters listed as Impaired on the state 303 (d) list? 0 Yes No B, *Have you modified your SWPPP In response to an approved Total Maximum Daily Load (TMDL)? Q Yes El No If yes, indicate for which TMDL: Section 8: Additional SWPPP Issues (*Required fields) A. *Did you make a change to any BMPs or measurable goals in your SWPPP since your last report? [Part V.1-11 B. If yes, briefly list the BMPs or any measurable goals using their unique SWPPP identification numbers that were modified in your SWPPP, and why they were modified: (Attach a separate sheet if necessary) El Yes 0 No C. *Did you rely on any other entities (MS4s, consultants, or contractors) to Implement any portion 0 Yes O No of your SWPPP? If yes, please identify them and list activities they assisted with: East Metro Water Resource Education Program - Assisted with meetings, newsletters, newspaper articles, radio ads, television ads, and targeted mailings. Owner or Operator Certification (*Required fields) The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). *Yes - I certify under penalty of law that this document and all attachments were prepared under my direction or supervision In accordance with a system designed to assure That qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). *Name of certifying official: Bruce Messelt *Title: City Administrator *Date: (mm/dd/yyyy) www.pca.state.mn.us • 651-296-6300 • 800.657-3864 • 'TTY 651-282-5332 or SOD-657-3864 • Available in alternative formats wq-strm4-06 • 1126111 Page 5 of 5 t EastMetro a or froourcv Education Poograro Background: The East Metro Water Resource Education Program (EMWREP) is a partnership that was formed in 2006 to develop and implement a comprehensive water resource education and outreach program for the east metro area of St. Paul, MN. Members of the EMWREP partnership in 2010 included Brown's Creek, Carnelian - Marine -St Croix, Comfort -Lake Forest Lake, Rice Creek, Ramsey -Washington Metro, South Washington, and Valley Branch Watershed Districts, Middle St. Croix Watershed Management Organization, tbe cities of Cottage Grove, Dellwood, Forest Lake, Lake Elmo, Stillwater, and Willernie, West Lakeland Township, Washington County and the Washington Conservation District. The EMWREP region covers all of Washington County as well as the portions of Valley Branch and Comfort Lake - Forest Lake Watershed Districts that stretch into Anoka, Chisago and Ramsey Counties. A map and list of EMWREP partners can be found at www.innwed.org/cleanwater. Purpose: The purpose of EMWREP is to educate the public and various other target audiences within the region about the impacts of non -point source pollution on local lakes, rivers, streams, wetlands and groundwater resources and engage people in projects that will help to protect and improve water quality in the region. EMWREP activities also help partners to meet education and public involvement requirements for MS4 Stormwater Pollution Prevention Permits and TMDL Plans. Partnership Structure: EMWREP is guided by a steering committee comprised of representatives from each of the 17 partner organizations. The committee generally meets twice a year to provide recommendations on the program budget and activities, The EMWREP educator sends a quarterly e-newsletter to all partners' staff, council members and board members, and communicates one-on-one with individual partners on projects throughout the year. The EMWREP education plan is revised every two to three years to accommodate changing priorities and new target audiences. In addition, the EMWREP educator prepares an annual report on program activities and provides outreach data and statistics for partners' MS4 Permit reports. All EMWREP reports, plans, print materials and news articles are available on-line at www.mnwcd.org/emwren, Summary of 2010 EMWREP Education Programs: Public Education Campaign: EMWREP engages in a number of activities aimed at increasing awareness of water resource issues, promoting a conservation ethic among local residents, and catalyzing behavior change. Many of these activities are accomplished in partnership with existing government, non-profit, and community based groups, as well through local media outlets. The general education campaign is also used to promote targeted outreach efforts and partner BMP programs. Since 2006, EMWREP has produced weekly articles for several of the local newspapers, as well as providing material for 32 cities within the region to include in their newsletters. Articles are also featured on the blog httn://easttnetrowater.areavoices.com and on the Washington Conservation District and Blue Thumb Facebook pages. EMWREP reached 7790 people at local community events in 2010, including the Washington County Fair. Blue Thumb Program: (www.BlueThumb.org.) The Blue Thumb — Planting for Clean Water program was developed by the Rice Creek Watershed District in 2006 and by 2010 was a dynamic coalition of more than 60 partner organizations working together to raise awareness about stormwater pollution and encourage homeowners to plant native gardens, raingardens and shoreline projects to protect surface and groundwater resources. EMWREP uses Blue Thumb to promote partner BMP programs. This outreach is a critical component of an adaptive ecosystem management approach that connects outreach with project implementation and water monitoring. EMWREP uses workshops, neighborhoods parties and community presentations to connect local residents with resources available through Blue Thumb and the EMWREP partnership. Outreach in 2010 resulted in 130 new water quality projects in Washington County. Blue Birds / Go Wild! (www.mnwed.orv/gowild) This is a new outreach strategy to leverage public interest in birds and wildlife in order to engage rural property owners in planting and habitat improvement projects in targeted areas where there will also reduce erosion and non -point source water pollution. Activities in 2010 included two bird habitat workshops, as well as surveys, focus groups and interviews to help develop new outreach strategies. A key component of this program in 2011 will be collaborative outreach with local non -profits and sportsmen groups. EMWREP's role will be to support the outreach conducted by these groups, to help connect landowners with additional resources available through EMWREP partners, and to encourage projects that protect water as well as improving wildlife habitat. Blue Biz: (www.cleanwaterMN.ora/businesses) The Blue Biz program consists of a website and outreach materials that partners can use to engage commercial property owners in BMP projects. During 2010, EMWREP reached out to specific property owners identified in the Cottage Grove Hwy 61 sub -watershed assessment, resulting in two new bioretention projects. 2 Stormwater U: (www.extension.umn.edu/stormwatee) Stormwater U is a technical training series for municipal staff and contractors, including engineers, planners, inspectors and public works. Stormwater U workshops are hosted in collaboration with University of Minnesota Extension and the Minnesota Erosion Control Certification Program. In 2010, EMWREP hosted workshops on shoreline restoration, turf management and snow and ice management. NEMO: (www.northlandnemo.org) The Northland NEMO program (Non -point Education for Municipal Officials) provides local elected officials and decision makers with resources and information to make informed decisions about land use and water quality in their communities. Northland NEMO is hosted by the University of Minnesota Extension and EMWREP is one of ten to twenty partner organizations. During 2010, EMWREP facilitated the Watershed Game activity with several groups of community leaders and helped to coordinate a workshop on the St. Croix River attended by 100 officials from communities in Minnesota and Wisconsin. MS4 Toolkit: (www.cleanwatermn.ora/MS4toolldt) EMWREF developed the MS4 Toolkit with a grant from the Minnesota Pollution Control Agency. The toolkit includes educational materials that partners can use to meet the six minimum control measures in the MS4 peiinit, such as brochures, posters, slide shows, training videos and more. In addition to the on-line materials, training videos for parks and public works staff and pop-up banners for community events are available partners to borrow. The website is now managed by the WaterShed Partners media campaign. * A map of EMWREP program activities is included at the end of this report. MS4 Permit reouirements for the Stormwater Pollution Prevention Proeram Correlating the Minimum Control Measures with EMWREP Programs and Audiences 1. Public Education and Outreach 1. Public Education Campaign (general public) 2. Blue Thumb (homeowners) 3. Blue Bird / Go Wild! (rural landowners) 4. Blue Biz (commercial property owners) 1 Public Participation 1. Public Education Campaign 2. Blue Thumb 3, Blue Bird / Go Wild! 4. Blue Biz 3. Illicit Discharge Detection and Elimination 1. Public Education Campaign 2. MS4 Toolkit (multiple audiences) 4. Construction Site Storm Water Runoff Control 1, Stormwater U (municipal staff and contractors) 2, MS4 Toolkit 5. Post Construction Storm Water Management 1. Stormwater U 2. NEMO (local elected officials and decision makers) 3. Blue Biz 4, MS4 Toolkit 6, Pollution Prevention and Good Housekeeping in Municipal Operations 1. Stormwater U 2. MS4 Toolkit 4 2010 Program Activities and Highlights Public Education: General public education and outreach activities in 2010 included community events, student programs, mailings, newspaper columns, press releases, city newsletter articles, websites and social media. EMWREP also took part in the WaterShed Partners Clean Water Minnesota media campaign. Communitv events: EMWREP reached 7790 people at local community events including: • Woodbury Sustainability Fair (50) • Hugo Feed Mill Open House (50) • Forest Lake Home Show (200) • Cottage Grove Arbor Day Event (100) • Marine Millstream Day (300) • Lake St. Croix Beach Heritage Day (300) • Family Means St. Croix Valley Garden Tour (850) • Square Lake Triathlon (900) • Washington County Fair (5000) • Newport Community Buckthorn Pull (40) The Family Means St. Croix Valley Garden Tour featured a home in Mahtomedi with porous pavement and a raingarden. Student Programs: EMWREP participated in two water education programs during 2010 for 3-5th grade students: • OH Anderson Field Day, Mahtomedi — May (7 31-5th grade classes) • Children's Water Festival, St. Paul — September (7 5th grade classes) Targeted Mailings: Postcards were sent to 2490 residences during the year to advertise workshops and opportunities, including: • • 1034 shoreline property owners in Comfort Lake — Forest Lake Watershed 971 rural landowners with more than 5 acres in Washington County 71 woodland property owners within the St. Croix River bird habitat project area 244 landowners in Carnelian -Marine -St. Croix Watershed • 80 homeowners with the Power's Lake Trees project area in Woodbury • 90 rural landowners in priority outreach areas within Washington County Postcards promoting native plants, raingardens and shoreline plantings were sent to shoreline property owners in Comfort Lake — Forest Lake Watershed District. 5 Newspaper articles: The EMWREP educator writes weekly articles (52 per year) for several local papers. These articles can be found on-line at the East Metro Water blog httn://eastmetrowater.areavoices.com. In addition, the articles were printed in the following papers: • Valley Life - 49,000 readers in Stillwater, Bayport, Oak Park Heights, Stillwater Township, Afton, Lakeland, Marine, Hugo, Lake Elmo, Houlton, Somerset and New Richmond. • Lillie Reviews —34,392 readers in Oakdale, Lake Ehno, North St. Paul, Maplewood, White Bear Lake, White Bear Township, Gem Lake, Western Mahtomedi, and Landfall. (Articles are occasionally printed in Lillie owned papers outside the EMWREP area as well, reaching another 83,608 readers.) • South Washington County Bulletin — 8616 readers in Cottage Grove, St. Paul Park, Newport and Grey Cloud. • Oakdale and Woodbury Patch — on-line newspapers with more than 535 followers on twitter and facebook. ,East Metra W6tdr Press releases: Several other papers print press releases and news articles from EMWREP one to five times per year, including: • Hugo Citizen - 10,000 readers • Forest Lake Times — 13,029 readers • Scandia Messenger — 1075 readers • Woodbury Bulletin — 7811 readers • Pioneer Press — 185,736 weekday readers City newsletter articles: Information about water resources and EMWREP partner activities reached 355,174 people through community newsletters in 2010: • Afton (pop. 2800) o Jan. — WCD tree and rain barrel sale; Benefits of trees o Feb. - Bird habitat & clean water o July - St. Croix River Awareness week & St. Croix Garden Tour • Baytown (pop. 1970 - "Baytown Neighbors" goes to 88 households) o Feb. - Rain barrel sale o May - Bird habitat & clean water • Birchwood (pop. 916) o Summer — Blue Thumb workshop insert • Cottage Grove (pop. 34,000) o May — Car washing and chlorinated water discharges o June — Yard waste and lawn watering • Dellwood (pop. 1035) o Summer mayor's letter — bird habitat 6 • Lake Elmo (pop. 7647) o April — Conserving water and lawn watering o Aug. — Illicit discharge, water conservation and erosion control • Lakeland (pop, 1830) o January — Bird habitat and clean water • Mahtomedi (pop. 8000) o Jan. — March — Winter salt and de-icing o April — June — WCD tree and rain barrel sale o Oct. — Dec, — New policies for city winter snow and ice management • Newport (pop. 3715) o Spring — Stormwater Pollution o Fall — Buckthorn Day • Oak Parks Heights (pop, 4724) o Second ouarter — Rain barrel sale • Stillwater (pop. 18,000) o April — Clean Water, lawn care, Blue Thumb • West Lakeland (pop. 3547) o Spring insert — Blue Thumb workshop • Woodbury (pop. 57,345) o Feb — WCD tree and ram barrel sale o Nov. stormwater update — Shallow lakes Websites and Social Media: EMWREP uses several websites to provide information and resources for the public and also uses social media, such as facebook, twitter and the East Metro Water blog to reach people in the commuuity: • The Washington Conservation District website (www.mnwcd.org) received 11,192 visits from 4,375 visitors in 2010. EMWREP programs and partners are featured on several pages within the website, including www.mnwcd.org/cleanwater. www.mnwcd.org/einwren, www.mnwcd.org/aowild and www,mnwcd.org/water blue thumb. WCD has around 50 friends on facebook. • The Blue Thumb website (www.BlueThumb.ora) received 24,324 visits from 17,286 visitors in 2010, Blue Thumb has around 340 friends on facebook, • The Clean Water Minnesota website (www.cleanwatermn,org) received 2087 visits from 1633 visitors in 2010. • The East Metro Water Blog was created in late October of 2010. It received an average of 68 visits per week in December. Clean Water Minnesota Media Campaign: The WaterShed Partners are an innovative, dynamic coalition of over 50 public, private and non-profit organizations in the Twin Cities metro area that work collaboratively to teach residents how to care for area waters. The purpose of the WaterShed Partners is to promote a public understanding that inspires people to act to protect water quality in ,1” !.* The "rubber ducky" ads played on Channel 45 and cable television stations, 7 their watershed. EMWREP has been part of the WaterShed Partners since 2006. WaterShed Partners coordinate the Clean Water Minnesota Media Campaign, which educates the public about stormwater pollution prevention through mass media such as television and radio. The group also maintains the www.cleanwatermn.org website, which provides resources for stormwater educators through the MS4 Toolkit (developed by EMWREP in 2009) and also has seasonal clean water tips for the public. During 2010, the media campaign included billboards, commercials on cable television, Channel 45, and St. Paul Saints Television, and public service announcements on Minnesota Twins Radio and Minnesota Public Radio. Combined, these activities yielded an estimated 15,000,000 media impressions. FLANI I NI, OR CLEAN iltAlelt' Blue Thumb: Blue Thumb — Planting for Clean Water activities in 2010 included workshops, meetings, presentations and community events, Last year, EMWREP also developed several new educational resources, including flyers and brochures, interactive displays and interpretive signs for local demonstration projects. Outreach in 2010 resulted in 130 new water quality projects in Washington County. Additionally, the Blue Thumb partnership maintains the www.BlueThumb.ora website and reaches the public at several metro and statewide events each year. Workshops. meetings and presentations: In 2010, 130 people attended Blue Thumb workshops, meetings and presentations organized by EMWREP partners. • Blue Thumb o Oakdale — March 16 (16) o Woodbury — April 27 (20) o Birchwood — November 18 (8) • Raingardens o St. Andrews, Mahtomedi, March 23 (13) • Shoreline plantings o St. Andrews, Mahtomedi, April 6 (10) o Forest Lake, April 13 (15) • Forest Lake Rotary, March 24 (15) • Lake Elmo neighborhood party, June (8) • CMSCWD lake meetings (40) o Long Lake, August o Sand Lake, August o Square Lake, August LSCB volunteer raingarden planting Newport neighborhood project 8 Community Events: In addition to the local community events listed under Public Education, Blue Thumb partners also provided education and resources at several high visibility regional events, including: • National Geographic, Blue Planet 2010 Expedition, July 4 in Minneapolis • Minnesota State Fair, Eco Experience (attended by 350,000) National Geographic made Minnesota the first stop on its Blue Planet 2010 Expedition, and partnered with Blue Thumb on a July 4 community event. Exhibits and Interpretive Signs: EMWREP has several Blue Thumb posters, banners and table top displays for use at community events. A new interactive display developed in 2010 allows people to actually see the lengths of native plant roots and is very popular with kids as well as adults. This past year, interpretive signs were also created for demonstration projects at: • Square Lake Park in May Township • Lake St. Croix Beach City Hall • Valley Ridge Mall in Stillwater Educational materials: EMWREP developed several new fact sheets and brochures for Blue Thumb outreach in 2010. Current materials offered include: • Blue Thumb Year -Round Guide to Yard Care • Native Flowers, Shrubs and Trees for Yards, Raingardens and Shorelines • Raingardens — The secret to clean water is in the roots! • Raingardens — Plan today, plant tomorrow! • Shoreline Plantings — Let nature do the work for vou! New signs at Square Lake Park. The retractable roots display is a conversation piece at community events, 9 Blue Birds / Go Wild!: During the spring of 2010, EMWREP helped to host two workshops for landowners on the St. Croix River focusing on bird habitat and clean water. During summer and fall, EMWREP conducted surveys, focus groups and interviews with rural landowners in Washington County to help develop new outreach strategies for this audience. The goal for 2011 is to help more rural landowners install projects that reduce water pollution, especially on highly erodable lands that drain to rivers, lakes and streams within the area. Bird Workshons: EMWREP collaborated with the WCD, Great River Greening and Audubon Minnesota to hold two workshops for large lot owners along the St. Croix River to promote projects, such as invasive species removal and native plantings, that would improve bird habitat and reduce runoff pollution. A total of 40 people attended. • William O'Brien State Park — April 29 (24) • Afton State Park — May 27 (16) -I/Meth% olcVolleytorneorm MIN lots oF tont .:]klusl birds Postcard invitations were sent to people living in priority areas along the St. Croix River. County Fair Survey: EMWREP surveyed 60 rural landowners at Washington County Fair in August. Findings indicated that: • People are interested in: o Controlling weeds and invasive plant species o Reducing property taxes o Creating wildlife habitat • They are not interested in planting buffers along streams and wetlands, fixing erosion or drainage issues or planting prairie. • People with 5-10 acres are the most interested in conservation projects, while people with more than 40 acres and people with horses are the least. Focus Group Interviews: During the fall, EMWREP worked with a student researcher from Macalaster University to conduct two focus group sessions with rural landowners in southern and northern Washington County. • Afton — People in this focus group cited privacy, wildlife and woods as their favorite aspects to living in southern Washington County. They were very interested in buckthorn management. The people who mentioned surface water concerns lived on a waterway or had active erosion problems on their land • Northern County — People in this group cited rural character and hunting and outdoor recreation as their favorite aspects to living in northern Washington County. They were most concerned with development pressure and perceived unfair treatment by cities, and thought outreach might be more successful if led by a non-profit or sportsman group instead of a government entity. Survey and focus group participants expressed more interest in managing invasive plant species and creating wildlife habitat on their land than in doing projects to reduce water pollution. 10 • People from both groups expressed more interest in creating wildlife habitat and managing invasive species on their properties than in doing projects to reduce water pollution. Interviews: During the fall, EMWREP worked with student volunteers from the University of Minnesota to conduct interviews with rural landowners who had done conservation projects in the past and with organizations and groups working on conservation in the area. • Landowner interviews: o Half of the people who had done conservation projects in the past had done so to correct problems, such as erosion, on their land, while the other half had done so to protect local water resources, o, They indicated that the design assistance and people at the Conservation District were critical to helping them do their projects. o Most were also interested in improving wildlife habitat. • Organization interviews: o There are many groups doing education and activities around land and water conservation in the East Metro, Many expressed interest in working with EMWREP on outreach to local landowners. Next Steps: EMWREP will continue to develop outreach strategies for rural landowners in 2011 and to work collaboratively with non-profit and sportsmen groups to encourage projects that protect water and improve wildlife habitat. Blue Biz: During 2010 EMWREP developed new materials that partners can use for commercial outreach. In partnership with the South Washington Watershed District, Washington Conservation District and City of Cottage Grove, EMWREP attended a Cottage Grove Chamber event and reached out to specific businesses along Hwy 61 that were identified in a stormwater subwatershed assessment study. As a result, the South Washington County School District installed a bioretention area at their District Service Center and Target is working with the WCD and SWWD on a project plan. The following resources are available for commercial outreach: 13.0motologswiwkr • Website: www.cleanwatenrm.ora/businesses • Minnesota Businesses for Clean Water — one page fact sheet • Stillwater Country Club — case study fact sheet • Valley Ride Mall — case study fact sheet • Blue Businesses postcard -IkgMrit ortwery gm!. A website and print materials are available for outreach to businesses. 11 Stormwater U: During 2010, EMWREP collaborated with Blue Thumb partners to offer a shoreline restoration training for contractors and designers. EMWREP also collaborated with Ramsey -Washington Metro Watershed District, University of Minnesota Extension and Fortin Consulting to offer workshops on tuif maintenance and snow and ice management for contractors and municipal staff. Shoreline Restoration: This course, offered on February 9, was for landscape design and installation professionals that work on shoreline restoration projects. It covered topics such as design, plant selection and installation techniques. • 75 participants attended from companies around the Twin Cities area Turf management: This course, offered on April 20, was geared towards parks and ground maintenance staff and landscaping professionals. It covered topics such as mowing, watering, fertilizers and weed control and gave participants tools to reduce runoff pollution and save money, • 50 participants attended from cities and companies in Washington and Ramsey Contractors and municipal staff learned Counties about turf management at a Stormwater U workshop in North St. Paul. Snow and Ice Management: This course, offered On Oct. 26, was geared towards municipal road crews and private contractors that plow streets and parking areas. It provided instruction on reducing salt and chemical use while also maintaining safety. • 50 participants attended from cities and companies in Washington and Ramsey Counties NEMO: In 2010, EMWREP used the newly developed Watershed Game activity to educate community leaders about practices that reduce runoff pollution. EMWREP also collaborated with the Minnesota DNR, Northland NEMO, St. Croix River Association, Middle St. Croix WMO, Washington Conservation District and the National Park Service to host a second workshop on the water for local elected officials and decision makers. EMWREP and partners also began work on the MIDS St. Croix project. Watershed Game: EMWREP facilitated this activity with several groups, including: • DNR Stakeholder workshop • RWMWD Citizen Advisory Committee Over 100 people attended the July workshop on the water. 12 Workshop on the St. Croix River: Over 100 local elected officials and decision makers from communities on both sides of the St. Croix River attended the workshop on the water, held July 21. The event included a keynote speech by Jim Almendinger, Senior Scientist with the St. Croix Watershed Research Station, followed by three interactive learning activities. Workshop facilitators conducted a guided view from the river, showcasing stories of success from rural, developing and fully developed communities along the river. They also shared water samples, aquatic invertebrates and monitoring technology. A final activity was designed to help communities select appropriate policies and practices to protect water quality and achieve other community goals. MIDS NEMO Project: Conservation St. Croix, a collaborative of nine Minnesota Soil and Water Conservation Districts in the St. Croix Basin received a 319 Clean Water grant to help communities update policies, procedures, ordinances, and zoning and subdivision codes to better protect the river. During 2011, EMWREP and other partners on the project began laying out the project timeline and conducting an inventory of existing community policies, ordinances and codes. MS4 Toolkit: In 2011, EMWREP continued to use materials from the MS4 Education Toolkit for education and outreach to a variety of audiences about non -point source water pollution. 13 2010 EMWREP Activities 2010 EMWREP Activities Trees mai C) Girds mnilino * Other event 14 CITYF 'LAKE : ELMO MAYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: City Council Subcommittees Lake Elmo City Council Bruce Messelt, City Administrator Sharon Lumby, City Clerk Dave Snyder, City Attorney DATE: REGULAR ITEM #: DISCUSSION 6/07/2011 6 SUMMARY AND ACTION REQUESTED: Time has been set aside for the City Council to discuss the roles and responsibilities of Council subcommittees, At present, this item is for information purposes only, as the City Council has the ability to structure itself, as appropriate, within the parameters of State statutes and generally -accepted guidelines and practices. BACKGROUND INFORMATION & STAFF REPORT: In April, 2011 the City Council briefly discussed the roles and responsibilities of Council subcommittees. It was directed at that time that the City Council schedule this item for additional discussion at an upcoming Workshop. However, the City Council was unable to discuss this item during May. To assist the City Council, available materials from the League of Minnesota Cities and guidelines based upon Robert's Rules of Order are attached. The City Attorney and other City Staff will be present to assist the City Council in its deliberation and discussion. RECOMMENDATION: It is respectfully recommended that the City Council discuss the roles and responsibilities of Council subcommittees, ATTACHMENTS: LMNC and related Materials. SUGGESTED ORDER OF BUSINESS: ..... ...... „.........., ........ Council Member Emmons Discussion ...... .......... „......... ..... , ...... Mayor & City Council Public Input, if Appropriate ..... ,...,.... ......... ..„,„.., .......... ,.Mayor Facilitates Comments/Considerations „.. ............... ...... Mayor & City Council CHAPTER 6 PART II ELECTIONS, ELECTED OFFICIALS, AND COUNCIL MEETINGS CHAPTER 6: ELECTED OFFICIALS AND COUNCIL STRUCTURE AND ROLE I. Elected officials in general 3 A. Eligibility for office 3 B. Terms of office 4 C. Oath of office 4 D. Term limits 5 E. Vacancies 5 F. Filling vacancies 7 G. Councilmembers ineligible to fill certain vacancies 8 H. Special concerns —gift law, conflicts of interest, and incompatible offices 9 I. Publications and Web sites 13 II. City council and its powers 14 A. Role of the individual councilrnember 14 B. The council's authority 15 C. Council committees 19 D. Delegation of council power 20 E. Salaries of mayor and councilmembers 20 III. Mayor 21 A. Official head of the city 22 B. Executing official documents 22 C. Power to make some appointments22 D. Presiding officer at council meetings 23 E. Weed inspector 23 F. Election duties 24 G. Investigating fires 24 H. Declaring local emergencies 24 IV. Clerk and treasurer 24 A. Clerk 25 B. Treasurer 25 C. Combination of clerk -treasurer 25 V. Citizen boards and commissions 26 A. Independent citizen boards and commissions 26 HANDBOOK FOR MINNESOTA CrrIEs This chapter last revised 12/2010 6:I B. Advisory citizen boards and unnzmniouioon.............................................................................................. 30 V1, How chapter 6 applies to home rule charter cities 31 6:2 This chapter lamTe,ised 12au10 LEAGUE orwvNNcmOTA CMmo Minn, Stat. 6 412.02, subd. 1; Minn. Stat. § 412..1.91. stibc.i. 1. Minn. Cunst. an VII, § 6; See also, Jude 1,, Erdahl, 296 Minn. 200, 207 N.W.2d 715 (Minn, 1973), Minn. Const. arr. V1.1; § I. Minn. SIaL § 351.02(6). Minn. Sta. § 412,02, subd. 2a, ClIAPTBR 6 Chapter 6 Elected officials and council structure and role The cornerstone of city government in Minnesota is the elected city council ("council"). The council fashions the policies that determine a corrununity's present and future well-being. Because people look to their local government for leadership, much of the responsibility for community development falls on the shoulders of city conncilmembers. Although the mayor is a member of the council in statutory cities and the clerk is a member of the council in Standard Plan cities, the mayor and clerk in all cities have some special duties. This chapter will discuss the special aspects of these positions and the council's role in city governance. Elected officials in general Although not all statutory cities have the same elective offices, all must have a mayor and at least three councilmembers. Whether a statutory city elects other officers depends on several factors, including the plan of government under which it operates. For home rule charter cities, the city's charter specifies the type and number of elected officials. A. Eligibflity for office The Minnesota Constitution sets the qualifications for elective office. To hold elective city office, individuals must be qualified city voter, at least 21 years of age on the date of taking office, U.S. citizens, and residents of the city for at least 30 days prior to the election. An individual who has been convicted of a felony under either state or federal law cannot hold elective office in Minnesota unless the individual's civil rights have been restored. If an individual fails to qualify for elective office within the allotted time, the city council may, by resolution, declare a vacancy and proceed to fill it by appointment. Individuals appointed to fill vacancies must also satisfy the requirements for elective office. HANDBOOK. FOR MINNESOTA CITIES This chapter last revised 12/2010 6:3 CHAPTER 6 Minn. Stat. § 10A,01, ubd. 26; Minn. Stat. § 10 A.07; Minn. Stat. § 10A.09, wilds. 1, 6a, Minn, Stat. § 412,02, sad, 2; Minn. Stat, § 351.02; 201C Minn. Laws ch. 201, § 59, AG. Op. 471-M. (Nov. 23, 1999), Minn. Stal, § 358.05, See Minn, C;onst, ari. § 6, Minn. St at, § 358.06. Minn. Stat. § 358,08, Minn, Suit. § 358.09; Minn, Stat. § 358.10, Minn. Star. § 358,11(3); See "Bonds for City Officials and Employees," Minnesota Cities, May -June 2002. Elected and some appointed officials of cities with populations over 50,000 located in the seven -county metropolitan area must comply with conflict -of - interest disclosure and economic -interest -reporting requirements. Candidates for elected office must submit statements of economic interest to the city council within 14 days of filing an affidavit of candidacy. Persons accepting employment as public or local officials must file the disclosure statement within 60 days of accepting ernployment, In both cases, the law requires the filing of supplementary annual reports. B. Terms of office Terms of office in statutory cities begin on the first Monday of January following the election. The terms of the old officers in statutory cities end at this time, or as -soon after that as the newly elected officers qualify by taking an oath and filing a bond, if one is required. If the newly elected officer refuses or fails to qualify, the incumbent officer continues to hold office until the council declares the office vacant and appoints a successor. The terms of all city councilmembers in charter cities expire on the first Monday in January of the year in which they expire. The length of the various terms of office is provided by statute. The attorney general has advised that a person elected to fill a vacancy is eligible to qualify and assume office upon receipt of an election certificate. C. Oath of office Whether or not officials need a bond, they must take and sign an oath of office before exercising any of their powers. This includes members of councils, boards, commissions, and administrative officers. This applies to appointed as well as to elected officials. The required oath is: "I, (name) do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of (insert brief description of office) of the city of (insert city), Minnesota, to the best of my judgment and ability, so help me God." lithe officer objects to an oath on religious grounds, the word "affirm" can substitute for the word "swear," and the phrase "and this I do under the penalties of perjury" can substitute for the phrase "so help me God." Any person with authority to take and certify acknowledgments may administer the oath, including the city clerk, a justice of the peace, a notary public or a register of deeds. The candidate taking the oath must lift his or her hand while reciting the oath. The candidate qualifying for office must take the oath and sign a copy of the oath in the presence of the administering official. The signed copy should go to the city clerk for filing. City assessors should file their copy with the county auditor. If an officer must also submit a bond, the oath should be attached to the bond and both documents should go to the council for approval and then to the clerk for filing. 6:4 This chapter last revised 12/2010 LEAGUE OF MINNESOTA CITIES Mani, Const. tutVJL * b; Minneapolis Tem Lifilia Coalition v. .1:2*, 535 N.W.2d 306 (Minn. 1995). Minn, Snit, § 351..02. Minn, Sun. § 351,02(1), (8). Minn. SiAt. § 351.02(2): Miiii Stat. § 351.01, subd. 1. Minn. Stat. § 351.01, subds. 2. 3, 4; See informal A,Ci. letter opinion dated March 3, 2003 (advising that Minnesota law does not require that a written resignation be "received" by the council during a formal meeting in order to be effe,ctive). CHAPTER 6 D. Term limits The Minnesota Constitution establishes the eligibility requirements for public office without authorizing the adoption of additional "eligibility" requirements. Therefore, a charter city may not enact term limits as an eligibility requirement. E. Vacancies Vacancies in an elective office in a statutory or home rule charter city may occur for the following reasons: 1. Death The vacancy exists as of the date of death. If the elected officer has not yet begun the term of office, the vacancy exists from the date the teiui would have started. 2. Resignation A resigning elected public official must submit a written resignation to the council. After receiving a resignation, the council should pass a resolution stating it has received and accepted the resignation, and declaring that a vacancy exists. Unless the resignation expressly states it is to take effect at a future date, the resignation will be effective when received by the council. If the resignation states it takes effect on a specified date, the vacancy occurs on that date whether or not the council has accepted it. To withdraw a prospective resignation, the resigning officer must submit a written statement of withdrawal in the sarne manner as the resignation. In order to be effective, the withdrawal must be received before the council accepts the resignation by resolution or before an officer authorized to receive it has issued a written acceptance. 3. Removal by operation of law In most situations, it is not possible to remove statutory elected officials before the end of their terms, for cause or otherwise. Cities should consult with their city attorneys before attempting removal of any elected official. Statutory city voters have no recall authority. Some home rule charters, however, give voters this option, but there remains some question as to whether this type of charter provision is constitutional. HANDBOOK FOR MINNPSOTA CITIES This chapter last revised 12/2010 6;5 CHAPTER 6 Minn. Stat. § 351.02(5). A.G. Op. 490D (Nov. 18, 1952); Minn, Sint. § 609,02, subd. 2; Minn. Stat. § 609,42. Minn. Stat. § 609.43; Minn. Stat. § 609.02, subd. 4. Minn. Scat. § 351.02(5); Minn. Stat. § 358.05; Minn. Const, art. V, § 6. See„ Minn, Stat. §§ 609.415- .475, Minn. Stal. § Minn. Stat. § 351.02(4). Minn. Stat. § 351.02(6). A,G. Op. 99 (Aug. 26. 1920). In certain situations, removal by operation of law can occur. A vacancy occurs if an elected official is convicted of any "infamous" crime. An infamous crime is a felony; that is, a crime for which a sentence of imprisonment for more than one year may be imposed. For example, bribery is a felony. Thus, a bribery conviction would result in the elected official's immediate removal from office. Moreover, any public officer convicted of bribery is forever disqualified from holding public office. Misconduct of a public officer or employee, as defined by law, is a gross misdemeanor. Therefore, a misconduct conviction is not an infamous crime, and does not automatically result in an elected official's removal from office. A vacancy does occur, however, when an elected official is convicted of an offense involving a violation of the individual's official oath. Many offenses that are not felonies or "infamous" crimes may involve a violation of an individual's oath and may result in a vacancy upon conviction. A vacancy also occurs if a councilmember is found to have intentionally violated the open meeting law on at least three separate occasions. If a court finds a third, separate intentional violation, it must declare the position vacant and notify the appointing authority or clerk. 4. Termination of city residency A vacancy occurs when a city councilmember ceases to be a resident of the city. Residence is a factual question the council must determine in each case. Voting in the city is only one indication of residence. The office holder's intent and availability to perform official duties are additional criteria that should be considered. A councilmernber becomes a non-resident when the property where the councilmember lives is detached from the city, 5. Failure to qualify for office An elected official may fail to qualify for office by refusing or neglecting to take the oath of office, to give or renew an official bond, or to deposit such oath or bond within the time prescribed by law. This type of vacancy is not automatic. A newly elected official may qualify at any time prior to the council declaring the office vacant. 6. Abandonment Whether an abandonment of office actually occurs is difficult to determine. The intent of the office holder is the controlling factor. The attorney general, while cautioning that this is a question of fact, has indicated that failure to participate in council activities for three months is sufficient grounds for declaring an abandonment of office. 6:6 This chapter last revised 12/2010 LEAGUE OF MINNESOTA CITIES Minn, Sun, § 412.02. sijbd, 2b. See LMC Information Memo, Olflcioi Conflict grfulerest for more information. Minn. Stat. § 412.02, subd. 2. Minn. Stat. § 351.07. Minn. Si8L § 412.02, thd. 2a. Op..i9a-30 (July 24. 19961. See "Vacancies on a Statutory City Council," Minnesota Cities, Oct. 2000, Minn. Siat. § 412.02. bd, 2:1, A.G. Op. 471 (Oct. 30. 19HO), CHAPTER 6 7. 90-day absence rule A vacancy in the office of mayor or councilmember may be declared by the council when the office holder is unable to serve in the office or to attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period. If any of the preceding conditions occurs, the council may, by resolution, declare a vacancy and then fill it at a regular or special council meeting. The appointed councilmember will serve for the remainder of the unexpired term, or until the absent councilmember is again able to resume duties and attend council meetings, whichever is earlier. When the absent councilmember is able to resume duties and attend council meetings, the council shall, by resolution, remove the temporary office holder and restore the original office holder, 8. Qualifying for a second or incompatible office If an officer accepts a second office that is incompatible with the first, the first office is automatically vacated. (Section H of this chapter discusses incompatible offices in more detail.) 9. Expiration of elected term Generally, the vacancy occurring at the conclusion of an incumbent's term of office is filled immediately by the successor. If no one has been elected, the incumbent fills the office until the council appoints a successor and that person qualifies for the office. 10. Habitual drunkenness State law provides that the habitual drunkenness of any person holding office is good cause for removal from office. F. Filling vacancies While a council might identify and declare the facts giving rise to a vacancy, for all practical purposes they occur automatically and are not based upon any removal action. Because the council must fill vacancies in elective offices, it should determine whether a vacancy exists, After investigating the facts, the council should pass a resolution declaring a vacancy and then fill it as soon as possible. State law provides that statutory city councils make the appointment to fill a vacancy, except in the case of a tie vote when the mayor makes the appointment. That means all members of the council, including the mayor, can vote on the appointment. And as long as at least a quonun of the council is present, a majority vote of those present is sufficient to make the appointment, 'HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/2010 6:7 Minn, Stat. 412.121: Minn. Stat. § 471.46. Cons!, art. VII, § 6. Minn. Stat. § 415.15. A.G. Op. 471-NI (Dec. 27, 1977), Minn, Sun. § 412.02, subd. 2a. Minn. Stat. § 412.02, autd. 2; A.G. Op. 471-M (Nov. 23. 1.999). !Winn. Stat. § 471.46, CHAPTER 6 State law does not place any limitation on a mayor's ability to make an appointment in the case of a tie vote. As a result, the mayor can appoint any qualified person willing to fill the vacancy even if that person was not the subject of the original appointment vote, If the vacancy is for the mayor's office and the council casts a tie vote, the acting mayor should make the appointment. The acting mayor may not, however, appoint himself or herself The council may appoint any individual who is eligible for election to that office, Generally, to be eligible a person must be a U.S. citizen, a resident of the city, and at least 21 years old. The council is not obligated to appoint any candidate previously defeated in an election for the office. A retiring councihnember may not vote on the appointment of the successor to that vacancy. A councilmember who is elected mayor, however, may participate in the appointment vote to fill the vacancy in his or her former council position. Under certain circumstances, individuals appointed to fihl council vacancies serve on a temporary basis, and the city must hold a special election to elect a permanent replacement to fill the vacancy. Two factors determine whether an election is required: first, whether filing has opened for the next regular city • election, and second, the length of the unexpired portion of the term at the time of the vacancy. If the vacancy occurs on or after the first day to file as a candidate for the next regular city election or if less than two years remain in the unexpired term, the city does not need to hold a special election, and the appointed person can serve out the remainder of the unexpired term. In the alternative, if the vacancy occurs before the first day to file as a candidate for the next regular city election and more than two years remain in the unexpired term, the city must hold a special election to fill the council vacancy at or before the next regular city election, and the person elected will serve out the remainder of the unexpired term. If the council chooses to hold a special election to fill a vacancy at a time other than at the regular city election, it must first adopt an ordinance specifying the circumstances under which such an election will be held. State law generally provides that the terms of elected city officials begin on the first Monday in January following the election. However, the attorney general has advised that a person elected to fill a vacancy is eligible to qualify and assume office upon receipt of an election certificate. G. Councilmembers ineligible to fill certain vacancies City councilmembers, including mayors and elected clerks, may not be considered to fill vacancies in other city elective offices if the council has the power to make the appointment to fill the vacancy. This rule applies even if a councilmember resigns the position on the council before the council makes the appointment. An exception to this rule is that the council may appoint one of its members to the office of either mayor or clerk. In such a case, the councilmember being considered for the appointment may not vote. 6:8 This chapter last revised 12/2010 LEACIIJE OF MINNESOTA CITIES See n 1.,MC Information Memo. C),/fia/ C'onftio of Interest, Minn. Stn. § 47 l,g95. 'Minn. Stat. § 471.895, subd. 1(c). Minn. Stat § 10A,071, subd. 1.; Minn, Stat. § 47 I.S95, subd. Minn. Sint § 471.S95. ,subd. I fdl. CHAPTER 6 H. Special concerns gift law, conflicts of interest, and incompatible offices There are several areas that are special concerns for all elected officials and some appointed officers. These include the following: Gift law. City officials are generally prohibited from accepting gifts, although there are a few limited exceptions. Conflicts of interest. Councils are generally prohibited from entering into a contract if one of their councilmembers has an interest in the contract. There are some exceptions to this rule. Incompatible offices. City officials may not hold two offices that are incompatible. In all three of these areas, the law is complex and whether a violation has occurred is not always clear. And even when a situation does not violate the law, people sometimes still question whether a city official has acted ethically. This section discusses each of the laws in more detail. 1. The law prohibiting gifts to city officials With some exceptions, every gift to any city official is prohibited. An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person. An "interested person" is a person or a representative of a person or association with a direct financial interest in a decision the local official is authorized to make. A "gift" means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return. A "local official" means an elected or appointed official of a city, or of an agency, authority, or instrumentality of a city. All members of the city council, appointed boards, commissions, and committees are covered by this law. The definition of an interested person implies that local officials who are authorized to make decisions or recommendations that could impact someone financially are also covered by the law. As a result, top appointed employees are likely covered, such as the manager, administrator, clerk, financial officer, and other department heads. Other covered city employees could include inspectors and people who can make decisions or recommendations about purchasing property, supplies or services. hideed, it is possible to construct fact situations where almost any, public employee can make or recommend actions that could affect someone's direct financial interest. As a result, many cities interpret the gift law to apply to all city employees. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/2010 6:9 Minn Slat. 4171,895, subd. 3; See opinions issued by the MN Campaign Finance and Public Disclosure Board relating to some of these exceptions. CHAPTER 6 An interested person under the gift law likely includes anyone who may provide goods or services to a city, such as engineers, attorneys, fiscal advisors, contractors, and sales representatives. In addition, virtually every resident of the city and anyone doing business in the city could at some time have a direct financial interest in a decision a city official is authorized to make and thus could qualify as an interested person. The following are possible examples where a resident or business owner's financial interested could be affected: The levying of property taxes. • The spreading of special assessments. • The valuation of property for tax purposes. • The issuing of a license. • The zoning of property or granting of a land -use permit. As a result, any person doing business or residing in the city is potentially an interested person as far as a city conncilmember is concerned. Whether a resident or business owner is an interested person, as far as members of boards and commissions are concerned, depends on the types of decisions or recommendations the boards or commissions are authorized to make. It is important to note that the decision or recommendation a city official is authorized to make does not have to be pending or probable. If an individual could at any time have a direct financial interest in a decision or recommendation that a city official would be authorized to make, that individual would likely be considered an interested person. There are a few limited exceptions to the gift law. For example, the following types of gifts are not prohibited: • Political contributions. • Services to assist an official in the performance of official duties. • Services of insignificant monetary value. • A plaque with a resale value of $5 or less. • A trinket or memento costing $5 or less. • Informational material of unexceptional value. • Food or a beverage given at a reception, meal or meeting away from the recipient's place of work by an organization before whom the recipient makes a speech or answers questions as part of a program. (This exception probably permits only the principal speakers at meetings to receive gifts of food or beverage.) 6:10 This chapter last revised 12/2010 LEAGUE OF MiNNESO TA CiTms Minn. Star .§ 471.87; Minn, Stal. §4112.311. See LMC Information Memo, (Viciot Conflict ofinierest, for more information. CHAPTER 6 Gifts given because of the recipient's membership in a group, a majority of whose members are not local officials, if an equivalent gift is offered to or given to the other members of the group. Gifts given by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family. Gifts given by a national or multi -state organization of governmental organizations or officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees. The law prohibits gifts to city officials, not to cities. Thus, an interested person can give a gift to a city. If the giver has no control over who will receive the gift and the gift was not targeted to a specific person, perhaps a city official could benefit from that gift. If the person who benefits from the gift has any control over its use, the gift would likely be prohibited. For example, if an interested person gave a city five tickets to a football game, the councilmembers probably could not decide to use the tickets for themselves. 2. Conflicts of interest There are two types of conflicts of interest that a councilmember may encounter: those involving contractual decisions, and those involving non - contractual decisions. First, a councilmember of a statutory city may not have a direct or indirect personal, financial interest in any sale, lease or contract they are authorized to make in their official capacity. There are limited exceptions to this law. Unless there is an exception, any contract made in violation of this law is void. City councilmembers, who knowingly authorize a prohibited contract, even though they do not benefit from it, may be guilty of a crime, The councilmember who would benefit from the contract could also be guilty of a crime if that person entered into it knowing it was prohibited. The contract is void even if the benefiting councilmember did not participate in the discussion of the contract or vote on the contract. + Second, there are also situations where councilmembers may find that they have an interest in a non -contractual decision the council will make. This type of interest does not have to be of a financial nature. These non - contractual matters may include such things as council decisions on zoning, local improvements, and the issuance of licenses. Although not generally prohibited by state law, an interested councilmember most likely should abstain from participating in the council discussion, and from voting on these issues. HANDBOOK FIR MINNESOTA CITIES This chapter last revised 12/2010 6:11 A.G. Op, 358 (Dec.1)1, 1970); State v, Sword, 157 Minn. 263, 196 N.W. 467 (1923); Kenney v. Goergen, 36 Minn. 190, 31 N.W. 210 (Minn. 1886), tfcCrochoonv, Ciry St. Paul, 216 N,W.2d 137 (Minn. 1974). See LMC Information Memo, Official Conflict 0 f :interest, for more information. See 2010 Minn. Laws ch. 206, §§ 1-2 to be codified at Minn. Stat. § 410.191 and Minn. Stat. § 412,02, subd. la . A.G. Op. 47141 (Dec, IL 1957). See Kenney v. Goergen, 36 Minn. 190, 31 N.W. 210 (Minn, 1886); State v. Sword, 157 Minn. 263, 196 N,W. 467 (1923); Minn. Stat. § 471.46; A.G. Op. 256 (Jan. 17, 1935); A.G, Op, 235 (Dec. 31. 1928); A.G. Op. 234 (Dec, 19, 1927). See 2010 Minn. Laws ch. 206, §§ 1-2 ((o be codified at Minn. Stat, § 410.191 and Minn, Stat. § 412.02, subd, la). CHAPTER 6 3. Incompatible offices Incompatible offices are any public offices an individual may not hold simultaneously. The term "office" has been interpreted to include all elected offices and those appointed positions that have independent authority under law to determine public policy or to make a final decision not subject to a supervisor's approval. Without specific statutory authority government officials cannothold more than one position if the functions of the positions are incompatible or if the jobs create a conflict between two different public interests. In addition, a new state law expressly prohibits the mayor and councilmembers in both statutory and home rule charter cities from being "employed" by their city. The term "employed" is defined as "full-time permanent employment as defined by the city's employment policy," The new law applies to persons elected or appointed to serve as mayor or city councilmember on or after Aug, 1, 2010. Unless otherwise limited by law, an individual may apply for a job or run for an office that is incompatible with a current position without resigning from the current position. When the individual is elected or appointed to an incompatible office, the individual is considered to have resigned from the first position. Generally, positions are incompatible when one or more of the following conditions exist: If the bolder of one position (or the group or board of which the person is a member): • Hires or appoints the other. • Sets the salary for the other, • Performs functions that are inconsistent with the other. • Makes contracts with the other. • Approves the official or fidelity bond of the other. If a specific statute: • States that certain positions may not be held by one person, • Requires that the holder may not take another position. • Requires that the bolder devote full-time to the position. 6:12 This chapter last revised 12/2010 LEAGUE OF MINNESOTA CITIES Minn, San, * 412,132. See LMC Information Memo, (Nlicial Conflict opener -es; for more information. Minn, Stat. § 43 A.32, suhd. 2(b). CFIAPTBR 6 State statute allows a statutory city mayor to be the fire chief of an independent, nonprofit firefighting corporation if certain conditions are met. The statute, however, is unclear on several points. For example, it does not address council positions other than the mayor, so there still may be incompatibility concerns, it also appears to be limited to independent, nonprofit fire departments, so city departments (whether volunteer or salaried) are not addressed. Because each city may have a different relationship with its fire department, a city may want to get a legal opinion from its city attorney or from the attorney general before allowing a councilmember to serve as a firefighter with any sort of supervisory powers. State law generally allows state employees to hold city offices as long as the positions are compatible. State civil -service employees can hold any local elected office as long as it does not conflict with their regular state employment. The Department of Employee Relations will make the determination of whether a conflict exists. I. Publications and Web sites Minn. Butt, § 10.50. subck 2, The purpose of a city Web site or publication must be to provide information 3. about the duties and jurisdiction of the city or to facilitate access to public services and information related to city responsibilities or functions, A city Web site or publication must not include pictures or other materials that tend to attribute the Web site or publication to an individual or group of individuals instead of to the city. A city publication must not include the words "with the compliments of' or contain letters of personal greeting that promote an elected or appointed official of a city. Minn. Stat. § 10.60, sitbd. 3. A city Web site may not contain a link to a Web-blog or site maintained by a candidate, a political committee, a political party or party unit, a principal campaign conunittee, or a state committee. Minn. suit. § 10.60, sulill, 4. A city Web site or publication may include biographical information about an elected or appointed official, a single official photograph of the official, and photographs of the official performing functions related to the office. There is no limitation on photographs, Web -casts, archives of Web -casts, and audio or video files that facilitate access to city information or services or inform the public about the duties and obligation of the city office or that are intended to promote trade or tourism. A city Web site or publication may include press releases, proposals, policy positions, and other information directly related to the legal functions, duties, and jurisdiction of a city official or organization. Cities may adopt more restrictive standards for the content of city publications or Web sites. Minn, Stn. § 10.60, suhd. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/2010 6:13 Sec Handbook, Chapter 18 for more information about personal liability for official actions, Mina, Stat. § 412.191, sobtl. 2; Minn. Slat § '130,04. Minn. Stat. § 412,101 (repealed by Laws 2001, ch. 135, se. 3). CHAPTER 6 II. City council and its powers It is the duty of the mayor, clerk, and councilmembers to ensure that the city is fulfilling its duties under the law and lawfully exercising its powers. City officials can sometimes be held personally liable for failing to act or for taking unauthorized actions on the part of the city. To avoid personal -liability lawsuits, city officials should gain a working knowledge of the laws that regulate city government. Whenever there is any doubt about the validity of an action or procedure, city officials should consult their city attorney. A. Role of the individual councilmember Councilinernbersstatutory duties are to be performed, almost without exception, by the council as a whole. For example, it is the council and not individual councilmembers that must supervise administrative officers, formulate policies, and exercise city powers. Councilmembers should devote their official time to problems of basic policy and act as liaisons between the city and the general public. Councilmembers should be concerned, not only with the conduct of daily affairs, but also with the future development of the city. The most important single responsibility of a councilmember is participation at council meetings. In statutory cities, each councilmember, including the mayor, has full authority to make and second motions, participate in discussions, and vote on every matter before the council. In a statutory city, the mayor or any two councilmembers of a five -member council or any three members of a seven -member council may call a special meeting. Care should be exercised to give proper notice, however. As individuals, councilmembers have no administrative authority. They cannot give orders or otherwise supervise city employees unless specifically directed to do so by the council. The council, however, has complete authority over all administrative affairs in the city. In Plan B cities, this authority is generally restricted to conducting investigations and establishing policies to be performed by the manager. Under state law that was repealed in 2001, all members of the council, including mayors, were "peace officers." Councilmembers were authorized to suppress any "riotous or disorderly conduct" in the streets or public places of the city. The mayor and individual councilmembers no longer have peace - officer authority. 6:14 This chapter last revised 12/2010 LEAGUE OF MINNESOTA CITIES Van Cleve v. Wallace, 216 Minn. 500, 13 N.W.2d 467 (Minn. 1944). Minn. Stat. § 306.41. Rdv. Ciry qf Anoka, 85 Minn. 294, 88 N.W. 981 (Minn. 1902). Minn. Suit. § 412.191. subd, 2. Minn. Stat. § 412.191. subd.. '2. See Minn. Stat. § 43A,1 7, subd, 10 (prohibiting the reduction of councilmembets' salaries because of absences from official duties because of vacation or sickness). CIIAPTER 6 B. The council's authority The city council is a continuing body. New members have no effect on the body except to change its membership. This means that all ordinances and resolutions remain in effect until the council alters or rescinds them, or until they expire through their own terms. At any time, the council can change any resolution, ordinance•or administrative order whether or not the individuals presently on the council are the same as those serving when the council originally took action, There are exceptions to this rule. For example, the council cannot dissolve a perpetual -cemetery -maintenance fund. In addition, the council cannot rescind or unilaterally alter any valid contracts. This means the law of contracts applies to the council as it does to any other party. Whether a contract was validly made is a question of fact. The following information outlines the major areas of council authority and responsibility. 1. Judging the qualification and election of its own members The council evaluates the credentials of individuals who are, or who claim to be, members of the council. This power includes certifying election results, determining whether an individual has the necessary qualifications to hold office, and deciding whether a council vacancy has occurred. 2. Setting and interpreting rules governing its own proceedings The council has the following powers: • To preserve order during its own meetings. • To establish rules of procedure. • To compel the attendance of members at meetings and to punish non-attendance. The council does not have the power to remove members from office, but it may punish members by fines or by deducting a part of the absentee's compensation for failure to comply with attendance orders. 3. Exercising all the powers of cities that the law does not delegate to others Except for powers that the statutes delegate to a specific official or independent board or commission, the council has the authority to exercise all powers given to the city. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/2010 6:15 Minn. Sun. § 412..191, sad. 4. Mina. Stat. § 412.231. ,Minn, Seat. § 412.661, See Iviinn. Stitt, § 412.201; Minn. Stat.* 412.211. Minn. Star. § 412241. Minn. Stat. § 412.251, Minn. Slat. § 412.701; Minn. Sal. § 275.065. Minn. Stat. § 412.24.1. Mnw. Stu. § 412.241. 6:16 CnArTER 6 4. Legislating for the city The council may enact ordinances by a majority vote of all its members except where a larger number is required by law. The power to legislate also includes setting administrative policies and otherwise establishing public policy for the city. The council has the power to declare that violations of any ordinance are a crime and may prescribe penalties for ordinance violations. The statutory city code limits the penalty for ordinance violations to a fine of up to $1,000 or 90 days in jail, or both. 5. Directing the enforcement of city ordinances The council directs the enforcement of city ordinances by determining the level of law enforcement, setting qualifications for the police chief and police officers, purchasing certain types of equipment for police use, and by directing and supervising the work of police officers. The city council also directs all departments and employees responsible for the administration of its policies and ordinances in the general administration of their duties. The city council generally should not direct the enforcement efforts of its employees as to particular situations. 6. Appointing administrative personnel In Standard Plan and Plan A cities, the council has the sole authority to appoint all city employees. In Plan B cities, the council appoints a city manager, who in turn appoints all city employees. The council may not dictate that the city manager appoint a particular person to city employment. Additionally, the council may not give any orders to employees hired by the manager. 7. Transacting city business The transaction of city business includes a wealth of activities, such as purchasing, executing legal papers, taking bids, letting contracts, making discretionary administrative decisions, and evaluating the work of the administrative departments and personnel. 8. Managing the city's financial operations The council has full authority over the city's financial affairs, including but not limited to: Levying taxes. Adopting a budget. Auditing and settling accounts. Safekeeping and disbursement of public money. This chapter last revised 12/2010 LEAGUE OP MINNESOTA CITIES Minn. Stat. § I 18/\.02: Minn. Slat. § 427,01-.02, Minn. Stat. § 412.111, Mitin. Stat. § 471.59Ninn. Stat. § 465.58. Minn. Stat. § 412.2.21, subd. 32. Minn, Stat. § 412.221. subds. 3.2?). Minn. Slat. § 12.221, subd, 3. Minn. Stat., § 412.221. ubd. b. CHAPTER 6 • Borrowing money, • Designating depositories. Councils should seek the advice of their staff and of consultants in making many of these decisions. 9. Appointing members of the boards The council may create departments and advisory boards and appoint officers, employees, and agents for the city as deemed necessary for the proper management and operation of the city. 10. Conducting the city's intergovernmental affairs The council may make agreements for the joint exercise of powers through agreements with other units of government, appoint people to serve on intergovernmental bodies, conduct city business with state and federal agencies, and participate in intergovernmental programs and the work of municipal associations such as the League of Minnesota Cities. 11. Protecting the welfare of the city and its inhabitants Elected officials must formulate policies that will help the city solve future problems and adjust to social and economic trends. This requires long-range planning regarding city facilities and needs. 12. Providing community leadership In addition to participating in civic events, city officials must provide leadership by promoting new ideas and suggesting new programs to improve the community and its surrounding areas. 13. Other specific powers The city council also has specific powers in the following areas: Buildings. The council has the power to construct or acquire structures needed for city purposes, and to control, protect, and insure public buildings, property, and records. The council also has the power, by ordinance, to regulate the construction of buildings, Actions at law. The council has the power to provide for the initiation or defense of actions in which the city may he interested. The council may employ attorneys for this purpose. Streets. The council has the power to lay out or change streets, parks, and other public grounds, By ordinance, the council may regulate the use of streets and public grounds. HANDBOOK NOR MINNESOTA Ctries This chapter last revised 12/2010 6:17 Minn. Stat. § 412.4q Minn. Stat„ § 412.221, subd. Minn. Stat. § 412.221, subd. 1. Minn, Stitt, § 412,221, subd. Minn, Stat. 412.221, subd. 16, Minn. Stat. § 412.221, subd. 17, Minn. SW. § 411221. subd. 18, Minn. Stat. § 412,221, subd, 21, Minn. Stat. § 412,221, flabd, 22. Minn. Stat. § 412 221 subds. 24. 25. Minn, Stat. § 41.2.221, subd, 25. Minn. Stat. § 412.221, subd. 26. Minn. Stat. § 412.221. subd. Minn. Stat. § 412,221, subd. 30, Minn. Stat. § 412,221. subd. 31, CHAPTER 6 Parks. A statutory city may establish, improve, maintain, and manage parks and recreational facilities and, by ordinance, protect and regulate their use. Trees. The council has the power to provide for and, by ordinance, regulate the setting out and protection of trees, shrubs, and flowers in the city or upon its property. Cemeteries. The council has the power to acquire, hold, and manage cemetery grounds and to sell and convey cemetery lots. By ordinance, the city may regulate cemeteries and the disposal of cadavers. Waterworks. The council has the power to provide for and, by ordinance, regulate the use of wells, cisterns, reservoirs, and other types of water supply. Hospital. The council has the power to establish hospitals. Fire prevention. The council has the power to establish a fire department, appoint its officers and members, and prescribe their duties. The council also has the power, by ordinance, to prevent, control or extinguish fires. Naming streets. The council has the power, by ordinance, to name or rename the streets and public places of the city and to number or re -number the lots and blocks of the city. The council may make and record a consolidated plat of the city. Animals. The council has the power, by ordinance, to regulate the keeping of animals, to restrain their running at large, and to authorize their impoundment and destruction. Health. The council has the power, by ordinance, to provide for the disposal of solid waste, sewage, garbage, and other unwholesome substances. Noise and nuisances. The council has the power, by ordinance, to regulate and prevent noise and to define and provide for the prevention or abatement of nuisances. Amusement. The council has the power, by ordinance, to prevent or license and regulate, billiard tables, bowling alleys, gambling devices, circuses, theatrical performances, amusements, or shows of any kind. Vice. The council has the power, by ordinance, to restrain and punish vagrants, prostitutes, and individuals guilty of lewd conduct. Dances, The council has the power, by ordinance, to license and regulate the operation of public -dance halls and the conduct of public dances, Restaurants. The council has the power to license and regulate restaurants and public -eating places. Sewer and water connections. The council has the power, by ordinance, to require the owner of any property that is abutting or adjacent to any street in which sewer and water mains have been laid to install a toilet in such buildings and connect it with the sewer and water mains. 6:18 This chapter last revised 12/2010 LEAOUE OF MINNESOTA CITIES Minn. Stat. § 412..221. subd. 32.. Minn. SuiL§ 415.01, CI IAPTER 6 General welfare. The council has the power to provide for the government and good order of the city, the prevention of crime, the protection of public and private property, and the promotion of health, order, and convenience through the enactment of ordinances. Township powers. The council has all the powers given to towns in chapters 365 and 368 of the Minnesota Statutes. C. Council committees Although the statutes do not require the use of committees, some councils find they are helpful in reducing workload. By dividing their membership into several committees, a council enables its members to devote most of their time to specific areas of the city's operations. Each councilmember becomes a relative specialist in these areas and that councilmembees services become of greater value to the council as a whole. Council action is necessary to establish committees either in the council's bylaws, by special resolution or through a motion. The council may set up special and standing committees. The council appoints special committees to deal with a single transaction or project. For example, the council might appoint a special committee to study the advisability of purchasing land for a new park. Standing committees concentrate on work that is continuous or repeated from time to time during the year. Many cities, for example, have a standing committee on finance. Sometimes councils set up their committees on a functional basis. Such committees deal with fire, police, health, public works, welfare or public utilities. This system encourages councilmembers to handle administrative details and, consequently, does not make full and proper use of the city's administrative officers. Thus, councils should try to limit their work to special policy problems or to certain staff or public -relations functions that are not the responsibility of administrative personnel. Examples include committees on auditing, personnel, budget, public reporting, purchasing, and licensing. Committees may exercise all duties the council has legally assigned to them. They can have authority to conduct investigations and to make recommendations. Committees, however, may not make decisions on behalf of the council. Committees are subject to the same rules as the ftill council under the open meeting law. In many cities, it is routine for the council to approve a committee's recommendations if it has done a thorough and competent job. It is important, however, for all councilmembers to be aware of their independent obligation to the city when considering whether to adopt a committee's recommendation. It is only the council's final decision, and not the committee's recommendation, that can bind the city. For example, committees may not enter into contracts or employ workers even if a specific motion of the council delegates such power to them. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/2010 6:19 CHAPTER 6 A.G. Op, 624a-3 (Nev. 2. 1998). Muehring v. School Din, No. 31, 224 Minn. 432, 28 N.W.2d 655 (Minn. 1947); Jewell Belting Co. v, Village of Bertha, 91 Minn, 9, 97 N.W. 424 (Minn. 1903); Minneapolis Gas -Light Co. v. City of Minneapolis, 36 Minn. 159, 30 NW. 450 (Minn. 1886). Johnson v. Stine, 553 N.W.2d 40 (Minn. 1996). Minn. Stat. § 415.11; See "Changing City Council Salaries," Minnesota Cities, Sept. 2002. D. Delegation of council power Absent specific statutory or charter authority, a city council may not delegate its legislative or quasi-judicial power. In addition, a council may not delegate any administrative power of a discretionary nature. Merely ministerial functions, however, may be delegated to an officer or committee. 1. Discretionary and ministerial powers The courts have not been explicit in describing the meaning of discretionary administrative power. They have, however, provided several rules that offer some basis for distinguishing which powers the council can delegate. Discretionary powers or functions are those that involve the exercise of judgment. Ministerial functions are absolute, fixed, and certain so that no judgment is necessary in fulfilling them. For example, the approval of a budget is a discretionary function while the signing of legal papers is a ministerial function. There are many tasks, however, for which the difference is largely one of degree. The courts, in these cases, generally differentiate by using a test of reasonableness. 2. Administrative standards Courts generally permit the delegation of administrative power when the council establishes a fixed standard or rule to guide the subordinate. The courts usually permit delegation when the subordinate has reasonable discretion in administering an established standard or rule. Administration of land -use ordinances, building codes, and many other ordinances are examples. 3. Making vs. executing the law Finally, the courts sometimes recognize a distinction between the power to make the law and the authority to execute it. A council cannot delegate the power to make a law, but the council can delegate the authority to execute it. E. Salaries of mayor and councilmembers The city council in Second Class, Third Class, and Fourth Class cities establishes, by ordinance, the salaries of the mayor and councilmembers in an amount that the council deems "reasonable." Generally, no change in salary shall take effect until after the next succeeding regular city election. 6:20 This chapter last revised 12/2010 LEAGUE OF MINNESOTA CITIES Minn. Stat. § 415.11, subd. 3. Minn. Sun. § 43A.17, subd. 10. Minn. Stat. § 415.10, See IRS Publication 1542—Per Diem Raw (For Travel Within thL (..'orninernol Uniied Slates); IRS Publication 463—Travc4, Entartainnwrit, Gifi: and Car Expen.ves; ERS Publication 15— C.iroriar E, Employcr's Tat Griele. Minn. Stat. § 211 B.TU, subd. 2, Maui Suit § 4[2,191, subds. 2,1, CHAPTER. 6 A city council, however, may adopt an ordinance to take effect before the next city election that reduces the salaries of the mayor and councilmembers. The ordinance shall be in effect for 12 months, unless another period of time is specified in the ordinance, after which the reduced salary reverts to the salary in effect immediately before the ordinance was adopted. Salaries may be an annual or monthly sum, or a per -meeting rate. The ordinance should specify whether the per -meeting rate applies only to regular meetings or to both regular and special meetings. Cities are prohibited from including provisions for vacation or sick leave in the compensation plan for councilmembers. Cities are also prohibited from reducing the salaries of councilmembers because of absences from official duties because of vacation or sickness. Iron Range cities have special legislative authority to make per -diem payments to councilmembers up to $25 per day, not to exceed $250 per year, for absences from the city while on official city business. Some non -iron Range cities have sought to pay their councils using per -diem rates. Cities should be careful in this area. A per diem is an expense allowance or an advanced reimbursement for business travel away from home. The IRS has strict guidelines for per -diem pay, including dollar limits above which the per diem must be treated as wages for tax purposes. Cities wishing to establish per -diem rates for councilmembers should consult with their financial advisors or the IRS for further guidance. An employer must allow a councilmember to take time off from regular employment to attend council meetings, The time off may be without pay, with pay or made up with other hours as agreed to between the employee and the employer. When the councilmember takes time off without pay, the employer must make an effort to allow the employee to make up the time with other hours when the employee is available. No retaliatory action may be taken by the employer for absences to attend meetings necessitated by reason of the employee's public office. I II. Mayor As the head of the city, the mayor officially speaks for both the council and the community as a whole. In all statutory cities and in most charter cities, the mayor is the presiding officer and a regular member of the council. The mayor has all the powers and duties for the office of councilmember in addition to those of mayor. In a home rule charter city, the charter spells out the duties and responsibilities of the mayor. This chapter, however, deals with mayors of statutory cities. Many mayors belong to the Minnesota Mayors' Association (MMA), which is affiliated with the League and holds an annual conference on issues of interest to mayors. Contact the League for more information about the MNIA. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/2010 6:21 Minn. Stat. § 412.191, subd. 4; Minn, Stat. § 412.201; A.G. Op. 61-J (June 2, 1960, Minn. Stat. § 412.501. (The council appoint the members of an advisory park board or commission created under Minn, Stat. § 412.111.) Minn, Stat. § 134.09, subd. I.; Minn, Stat. § 134.195, subd. 2 (joint school and public library). Minn. Stat. § 12,25, Hubd, 1. Minn, Stat. § 412.22 1, subd. 10. Minn. Sun, § 44,04. sub& I; See Minn. Stat. § 419,02. subd. 1 (authorizing the creation of a joint police and fire commission with members appointed by the council), Minn, Stat. § 469.003, subd, 6. Minn. Stat. § 469.095, gib& 2, CHAPTER 6 A. Official head of the city As the official head of the city, the mayor has three important responsibilities: First, the mayor usually serves as the city's representative before the Minnesota Legislature, federal agencies, and other local governments. Second, the mayor performs ceremonial duties on behalf of the community. The mayor usually greets important visitors, gives formal and informal talks, and takes part in public events. Because local civic groups frequently ask the mayor to speak, the mayor must be prepared to explain and defend city problems and programs. A third responsibility is to exert leadership in city affairs. Because the mayors of statutory cities lack significant individual authority, this responsibility frequently calls for tact rather than overt acts of direction or supervisory control, B. Executing official documents The mayor of a statutory city must sign ordinances, contracts authorized by the council, and written orders for payment of claims that have been audited and allowed by the council. These are ministerial duties, and the mayor may not refuse to sign if the purpose, approval, and form are legally correct and complete. C. Power to make some appointments The power to appoint usually resides in the council. The mayor has authority to make the following appointments, however, subject to council approval; Park board members, • Public library board members, • cy management director. • Hospital board members. • Some members of the police civil -service commission. • HRA members. EDA members. 6:22 This chapter last revised 12/2010 LEAGUE OF MINNESOTA CITIES Minn. Stat. § 450.20, Minn, Stat. § 412.02, 31.111, 2a. tvf inn, Stat. * 412.191, subd. 1. Minn. Stat. § 412,02. su.hd, 6. Minn, Stat. § 412.10i. subd. 2. Minn, Suit. § 412.191. subd. 2; See "Mayor's Power to Vote and Make Motions," Minnesota Cities, Jan. 2004. Minn. Slat, § 18.80, subds„ 2. Minn. Stat. § 1 8.81. subd. 2, CHAPTER 6 The mayor has authority to make the following appointments without needing council approval: • City art commission members (First Class cities). • The mayor also appoints to fill vacancies in elective offices if the council's vote to fill the vacancy is tied. D. Presiding officer at council meetings Plan A and Plan B statutory city councils are usually composed of five members consisting of the mayor and four councilmembers. In a Standard Plan city, the council consists of the mayor, the clerk, and three councilmembers. Any statutory city, however, may adopt a council size of seven following a council ordinance and voter approval at the next general city election. The mayor serves as presiding officer at council meetings. The mayor generally recognizes speakers for debate and motions, and rules on questions of council procedure. The power to rule on council procedure is especially significant because once rulings are made they are binding on the council, unless the council votes to challenge them. A statutory city mayor can vote on all motions put before the council, but does not have the right to veto council actions. The right of the mayor to make and second motions is implied from the mayor's privilege of voting and taking part in regular council deliberations. The mayor has an obligation to be impartial and objective in conducting the meeting. To maintain this objectivity, many mayors choose to minimize making or seconding motions, and to allow other members of the council to speak before expressing an opinion. Mayors may also call special meetings, E. Weed inspector The mayor is the city weed inspector. The city may appoint one or more assistant weed inspectors..An assistant weed inspector has the same power, authority, and responsibility of the mayor in the capacity of weed inspector. Local weed inspectors examine all lands, including highways, roads, and alleys, to determine if the landowner has complied with the rules regarding the eradication of noxious weeds. Weed inspectors also issue permits for the transportation of materials infested with noxious, weed -propagating parts. A claim for the expenses of performing the weed inspector's duties is a legal charge against the city. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/2010 6:23 Minn. Stat. § 204C,07, subds. 3. 4. Minn, SM.,§ 204C.31, subd. 1, Minn. Stat. § 299F.04. Minn. Stat, § 12.29, suhd, Minn. Stat, § 12.29, sabds. 2, 3, See LMC Information 1M erno, City Administrotion: AchniAistrator, Aftinagev, for more information regarding the clerk position. CHAPTER 6 F. Election duties Mayors of all cities have election duties. At elections where cities will vote on a question, the mayor, upon receiving a written petition signed by at least 25 eligible voters, must appoint one voter for each precinct to act as a challenger of voters in the polling place. A challenger must be present in the polling place during voting hours, and must remain until the votes are counted and the results declared. Challengers cannot attempt to influence voting in any manner. Mayors or chairs of the town board from the most populous municipality in each county serve as members of the county -canvassing board. Any member of the canvassing board may appoint a designee to appear at a meeting of the board. G. Investigating fires In cities without fire departments, the mayor must investigate or have investigated the cause, origin, and circumstances of any fire where damages exceed $100. The investigation must begin within two days of the fire. The mayor must report the fire to the state fire marshal. Within one week of the fire, the mayor must furnish a written statement to the state fire marshal. H. 'Declaring local emergencies Only the mayor can declare a local emergency. A local emergency cannot last for more than three days except with the council's consent. A local emergency must receive prompt and general publicity. The clerk must promptly file any order or proclamation declaring, continuing, or terminating the emergency. A declaration of a local emergency invokes the response and recovery aspects of any local or interjurisdictional disaster plans and may authorize aid and assistance. No interjurisdictional agency or official may declare a local emergency unless expressly authorized by an agreement. An interjurisdictional disaster agency must provide aid and services in accordance with the agreement, IV. Clerk and treasurer This section gives an overview of the positions of clerk and treasurer. 6:24 This chapter last revised 12/2010 LEAGUE OF MINNESOTA CITIES Minn. Sun, § 412.191,Kihd. 1: Minn. Stat. § 412.02; Minn. Stat. § 412.151. See Discussion of filling council vacancies at Part LT of this chapter. See Handbook, Chapter 8 for more about the Clerk's duties, Minn. Stat. § 412,141; Minn. Stat. § 412.02. See Discussion of filling council vacancies at Part I-F of this chapter. See Handbook, Chapter 8, for more about the Treasurer's duties, Minn. Stat. § 412.02, subd. 3; Minn. Stat. § 412.541. subd. 1; Minn. Stat. § 412.591, subd,2. Minn. Star. § 412,02, solid. 3; Minn. Stat. § 412.591, sdhd. 2. Minn. San. § 412,591, subd, 3 (ln 2005 and after, the threshold amount for requiring an audit is a base of $150,000, which is adjusted for inflation using the annual implicit price deflator for state and local expenditures as published by the United States Department of Commerce.); Minn. Stat. § 471.(97. See E-Upriate. Office of the State Auditor (Feb. 12. 2010) CHAPTER 6 A. Clerk The clerk position in a Standard Plan statutory city is an elected office. The clerk serves as a member of the council, as well as fulfilling the other duties of a city clerk prescribed by statute or by the council. Vacancies in the elected clerk position are handled in the same manner as council vacancies. The clerk position in Plan A and Plan B cities is an appointed office, The clerk does not serve on the council, but is responsible for the duties prescribed by statute and by the council. B. Treasurer The treasurer in a Standard Plan statutory city is also an elected position, but the treasurer does not serve on the council. Vacancies in the elected treasurer position are handled the same as council vacancies. The treasurer in Plan A and Plan B cities is not an elected office. All treasurers are responsible for those duties prescribed by statute or their city councils. C. Combination of clerk -treasurer In statutory cities operating under either the Standard Plan or Plan A, the council may, by ordinance, combine the offices of clerk and treasurer into the office of clerk -treasurer. In Standard Plan cities, the council must adopt the ordinance at least 60 days before the next regular city election. The ordinance does not go into effect until the expiration of the term of the incumbent treasurer, or when an earlier vacancy occurs. In a Plan A city, the clerk -treasurer is an appointed official and the ordinance generally goes into effect immediately. A Plan A city can abolish the position of treasurer even if an appointed person holds the position. Under either the Standard Plan or Plan A, the council may reestablish separate offices of clerk and treasurer by ordinance. If the offices of clerk and treasurer have been combined in a Standard Plan or a Plan A city, the council must provide for an audit of the city's financial affairs by the state auditor or a certified public accountant in accordance with minimum procedures prescribed by the state auditor. According to the calculations of the Office of the State Auditor, a city with a population of 2,500 or less and a combined clerk and treasurer must have an annual audit for 2009 if its annual revenue is greater than $185,000 and must have an audit once every five years if its annual revenue if $185,000 or less. A city with a population over 2,500 must have an annual audit performed. HANDBOOK FOR, MINNESOTA CITIES This chapter last revised 1212010 fr.2.5 A.G. Op. 624a-3 (Nov. 2, 1998); A,(1. Op, 1007 (July 8, 1977); A.G. Op, 1001-a (Sept. 15, 1950); A.Ci. Op. 100141 (Aug. 27, 1957), See Muehring v. School Dist No. 31, 224 Minn. 432, 28 N. W.2d 655 (Minn. 1947); Minneapolis Gas -Light Co. v. City of Minneapolis, 36 Minn. 159, 30 N.W. 450 (Minn. 1886). Mi7171. Stat. § 412.621. CHAPTER 6 V. Citizen boards and commissions One way to increase positive feelings about government is to promote citizen involvement. Citywide or neighborhood committees, special project review committees, and even block organizations are some of the committees cropping up in many cities. In many cases, the council has formed or encouraged these 'citizen committees. The committees have saved time and have made contributions that could only occur through citizen participation. Councilmembers have found that ignoring citizen concerns can result in their removal from office at the next election, or in the defeat of a program or activity as a result of citizen opposition. Although city officials cannot, in most cases, delegate decision -making authority to citizen groups, they can use citizens in advisory roles. This technique only works, however, if the council listens to the advice. If the council does not follow the advice of the committee, it should give understandable reasons for taking other action. When a council forms a citizen -advisory body, it should also establish the ground rules for its activities. The council should also stress that in the absence of clear statutory authority to delegate responsibility, the council must, by law, make the final decisions. State law allows, and in some cases requires, city councils to delegate decision -making power to certain independent boards and commissions. A. Independent citizen boards and commissions The amount of discretionary power the council can give to independent citizen boards and commissions varies. Absent specific statutory or charter authority, local governing bodies may not delegate their discretionary powers and duties to other persons or bodies, including independent citizen boards and commissions. In Plan B cities, with the exception of civil -service boards, special boards of review, and possibly the housing and redevelopment authority, there shall be no independent administrative board or commission, except for the purpose of administering a function jointly with another city or political subdivision. The council itself shall perform the duties and exercise the powers of the board of health, and shall govern and administer the library, parks, and utilities as fully as any other municipal function. The council may, however, create boards or commissions to advise the council with respect to any municipal function or activity, or to investigate any subject of interest to the city. 6:26 This chapter lag revised 12/2010 LEAGUE OF MINNESOTA CITIES Minn. Stat. § 360.03/1. subd. 2. See Handbook, Chapter 9 for more information, Minn. Stat. § 412.221, subd. 16. Minn. Stat, § 49.0113, suhds, 1, 2. Minn. Stat. § 40.003. subds. .5, 6, Minn. Stut. § 471.591 See litatdboolt., Chapter 17 for more information. CHAPTER 6 The statutes specifically authorize various independent boards and commissions in other statutory cities. The following is a list of the most common. 1. Airport board The council may establish, by ordinance or resolution, an airport board. The board shall be vested with authority for construction, enlargement, improvement, maintenance, equipment, operation, and regulation of the airport. 2. Civil -service board and commission Civil -service commissions can take several different forms depending on the state statute under which the council establishes them. 3. Hospital board The council has the power to provide hospitals and, by ordinance, to establish a hospital board. Hospital boards may exercise any hospital -management powers conferred by the council. The council may abolish the board by a vote of all five members of the council. The board shall consist of five members appointed by the mayor with council approval for overlapping five-year terms. The council may remove members for cause. 4. Housing and redevelopment authority A housing and redevelopment authority (HRA) has been created in each city by the Legislature. The HRA may not transact any business or exercise any powers until the city council, by resolution, finds that the city: has substandard, slum or blighted areas that cannot be redeveloped without government assistance; or, has a shortage of decent, safe, and sanitary low- income dwellings. The council may consider such a resolution only after holding a public hearing and meeting publication requirements. An HRA consists of up to seven members who may be officers and employees of the city. The mayor appoints members with the approval of the council for overlapping five-year terms. In many cities, councilmembers appoint themselves to serve on the HRA; so the council becomes the HRA. 5. Intergovernmental boards and commissions The council may create intergovernmental boards and commissions. A mutual agreement of the cooperating governments will set up the organizational format, powers, and duties of such boards. HANDBOOK MR MINNESOTA CITIES Tbis chapter last revised 12/2010 6:27 Minn. Stat.* 134,09. Minn.. Stat. § 134.10. Minn. Slat, § 1.34.11, subcl, 2; Minn. Stat. § 134.13. Minn, SW, § 4115(11 (Cities may also create advisory park boards and commissions under Minn, Stat. § 412.111). Minn. Stat. § 412.501; Minn. Stat. § 412.52,1, Miin, Stitt, § 47 I .15. Minn. SIAL § 471.16, CHAPTER 6 6. Library board When a public library is established, except in First Class cities operating under a home rule charter, the mayor of the city, with council approval, shall appoint a board of five, seven, or nine members from among the residents of the city. The number of members shall be determined by resolution or ordinance. The board members shall serve staggered, three-year terms and may be removed for misconduct or neglect. Library board members serve without pay but may be reimbursed for actual and necessary traveling expenses. Once established, the board prescribes its rules of procedure, selects its officers, and controls the library fund. Besides appointing new members to the board, the council has approval of all purchases of land and proposals for the erection of buildings, The board must file an annual report each year with the city council and the Department of Education. 7. Park board The council of any city of rnore than 1,000 population may, by ordinance, establish a park board. The board shall consist of three, five, seven or nine members as determinedby resolution or ordinaiace. The mayor, with council approval, appoints the board members. Members serve three-year overlapping terms and may be removed by the mayor, with the council's consent, for cause after a hearing. Board members receive no compensation, unless the council authorizes it. The board may be dissolved by a unanimous vote of the council. The park board shall maintain, beautify, and care for park property and perform all other acts necessary to carry out its statutory powers. The board must make quarterly reports of its activities to the council, and file an annual statement of receipts and disbursements with the city clerk, 8. Recreation board Recreation is usually a function that is administered by the city council, the park board or the local school board. Any city may operate and expend funds for a public -recreation program and playgrounds, and acquire, equip, and maintain land, buildings or other recreational facilities, including swimming pools. Generally, a recreation board refers to an independent commission that is established cooperatively by the city council, school board, and park board. The statutes specifically authorize the formation of an intergovernmental commission with representatives from all three bodies. 6:28 This chapter last revised 1212010 LEAGUE OF MINNESOTA CITIES Minn. Stat. § 412.321, subds, 1. 2. Minn, Sum, 412,331; Minn. Stat. *42.34t, subd. 1. 412.341, subd. 2; Minn. Sat. § 412.351; Minn, Stat. § 412.361, Minn. Stat. § 465.70. Minn. Suit. §§ 453.51,62. CI I APTER 6 9. Utilities commission Any statutory city may own and operate facilities for supplying utility service. No gas, light, power, or heat utility may operate until approval by five -eighths of the voters voting on the proposition at a regular or special election. By ordinance, a city may establish a public -utilities commission. Utility commissions must have three council -appointed members who serve overlapping three-year terms. The council may appoint no more than one of its own members to the commission. City residence is not a qualification for membership on the commission unless required by the council. The commission shall adopt rules for its proceedings, but must hold at least one regular meeting each month. The commission may exercise all of the discretionary administrative authority necessary for the management of the utilities. The council may prescribe a. salary for the commissioners and decide, by ordinance, which of the following municipally owned public utilities shall be within the commission's jurisdiction: Water. Light and power, including any system for the production and distribution of steam heat. Gas. • Sanitary or storm sewer, or both. • Public buildings owned or leased by the city. • District heating systems. Additionally, some Third Class and Fourth Class cities may own and operate a television -signal -distribution system that shall be considered a public utility. 10. Municipal power agencies Any two or more cities may form a municipal power agency if eacb city passes a resolution authorizing an agreement. The purpose of the agency is to secure an adequate, economical, and reliable supply of energy for cities that own and operate a utility for the distribution of electric energy. All agency powers lie with its board of directors and include constructing and acquiring generating and transmission facilities, the power of eminent domain, and the authority to issue bonds and notes. Any city council may, by resolution, exercise any of these powers as if it were a municipal power agency. HANDBOOK FOR MINNESOTA CITEES This chapter lust revised 12/2010 6:29 Mirm. Stat. §§453A,01-.1.2. Minn. Stat. § 774.01, subd. 2. Minn. Stat. § 412.111. Minn. Star, § 462.354, subd. 1, Minn. Si. § 46'2.351-.364; See LMC hiformatioh Memo, .1"loon Mg Commission Guide CHAPTER 6 11. . Municipal gas agencies Any two or more cities owning or operating a utility for the local distribution of gas may form a municipal gas agency if each passes a resolution authorizing the agreement. The purpose is to secure an adequate, economical, and reliable supply of gas for utility customers. The board of directors exercises all agency powers. Any city may, by resolution, exercise any of the powers of a municipal gas agency as if it were an agency. 12. Special board of review The governing body of any city may appoint a special board of review, This special board of review serves at the direction and discretion of the city council. The council determines the number of members, the compensation and expenses to be paid, and the term of office of each member. At least one member of the special board must be an appraiser, realtor or someone familiar with property valuations in the assessment district. B. Advisory citizen boards and commissions Another important link in city governing activities is the work of advisory boards and commissions. These entities are much like the independent or administrative boards and commissions. The city council may create and dissolve them by resolution, appoint people to serve on them, and exercise other powers of general supervision. The council must, however, pass an ordinance to create a planning commission. There are several differences between independent boards and advisory boards. State statutes establish most independent boards and commissions and give them some discretionary powers. Advisory boards conduct studies and investigations on behalf of the council, and submit reports and recommendations for council consideration. An advisory -board recommendation does not take effect unless the council accepts it by passing an ordinance or resolution. The council may organize advisory groups in any manner it deems appropriate, The council may find it wise to appoint people who represent various special -interest groups in the city. An advisory commission may be created by the council for a special purpose, such as for conducting an investigation, and will cease to exist once the purpose of the commission has been achieved, 1. Planning commissions Cities can establish planning commissions by passing an ordinance describing their organization and powers. City officials, such as the mayor, attorney, and engineer, frequently are advisory members. 6:30 This chapter last revised 12/2010 LAGUEOF 1VUNNESOTA CITIES See LMC Information Memo, Ci Admirristratiar .4dmini.xtrator,, Mallow'', for more information about the manager and administrator positions. N4ina. Stat. § 410.20; Minn. Cons'. art VIIL§ 5, A.G. Op. 59a-30 (July 24, Minn,Sou. § 41(1.2(1. APTER 6 2. Other advisory boards and commissions Other advisory boards and commissions commonly established by city councils include: industrial commissions, which have power to study the ways and means of attracting more commercial and industrial development to the city; safety councils, which advise the council on safety programs; and intergovernmental agencies, such as a joint -planning commission, which the city sponsors in cooperation with other units of government. As government has become increasingly complex, cities have used fewer independent or administrative citizen boards and commissions. Instead of diffusing authority for government administration over a number of different agencies, many cities place all authority in the city council, This decision centralizes responsibility for the proper direction of local government affairs and increases voter understanding of government. Frequently, this trend leads to pressures for greater simplification and centralization in administration as well. The council-manager form of government (Plan B) is an answer to this pressure. Adrninistrators, whose duties and functions lie somewhere between those of a manager and those of a clerk, may also help to centralize government, VI. How chapter 6 applies to home rule charter cities Several sections of this chapter may be useful to charter cities: In the section concerning elected officials, the discussion of statutory city officers does not apply to charter cities, but the portions on eligibility, removal, resignations, and vacancies generally do apply. It may be possible that a charter could specify the particular conduct that would result in removal of a councilmember for nonfeasance of office. The attorney general, however, has advised that a charter provision which provides that a council vacancy would occur if a councilmember did not attend a specified number of meetings would not 'be valid. A charter may provide for the recall of any elective municipal officer and for removal of the officer by the electors of the city. If the mayor of a charter city presides at the council meeting, most of the section concerning the mayor applies to charter cities. Otherwise, only the portions dealing with weed inspection, election duties, and other duties apply. The section concerning the statutory city council and its powers might prove interesting to charter city councilmembers since many of their powers are similar to those of statutory city councils. The laws relating to conflicts of interest and prohibiting gifts to local officials also apply to members of charter city councils, but many charter cities have more restrictive provisions concerning both issues in their charters. 1-10ionooiii FOR MINNESOTA CITIES This chapter last revised 12/2010 6:31 A Quick -and -Easy Meeting Guide on how to be an effective officer and an active member: • Preside like a "pro" • Increase ability to chair a meeting • Learn the language of a business meeting • Know membership rights and responsibilities • Enhance your ability to "make a difference" • Speak with confidence Achieve positive -results • Participate with ease Thomas J. Gmeinder, PRP, CPP-T Parliamentarian & Meeting Facilitator 525 Ashland Avenue Saint Paul, Minnesota 55102-2007 (651) 291-7870 We go where angels fear to TreadTm FOURTH EDITION PARTICIPAt WITH EASE A Meeting Guide Based on Robert's Rules Betty S. Green, CPP-T PRP LET'S APPOINT A COM1Vtir LEE Standing Committees are established in the bylaws; the bylaws should also grant authority to create Special Cormnittees. It should be noted that except for the imagery involved, there is no discernible difference between a task force and a committee. (Task Force just sounds more prestigious!) The committee may be a body of one or more persons, assigned the responsibili- ty to consider, or to investigate, or to take action - or to do all of these things to accomplish the goals of the committee. Committees do much of the work done in organizations, whether it is a Standing Committee or a Special Conunittee. The committee generally is composed of a chair- man with the interest and ability to steer a group and naembers who actively partici- pate. THE COMMITTEE MEETING The position of committee chairman is important. A good committee chairman will (1) discuss with the committee members the purpose of the conunittee; (2) explain their responsibilities; (3) mail an agenda to members before meeting; (4) begin the meet- ing on time; (5) allow the committee at its initial meeting to determine its goal(s) and then establish methods and a timetable to achieve these goal(s); (6) keep the discus- sion germane to the purpose of the meeting; (7) adjourn on schedule after summariz- ing action and any tasks to be completed before the next meeting. If necessary, the chairman will mail committee meeting minutes promptly to committee members. The operation of the committee chairman in a committee meeting is similar to proce- dure in a small Board meeting. Informality is a key toward getting full discussion. The chairman may participate fully, making motions, voting, leading the discussion, giv- ing guidance to the committee as may be required. Often the chairman will be the member who makes notes on the meeting activities and publishes the report on the corrunittee's activity and progress. OUTLINE OF SAMPLE COMMITTEE REPORT Name of Committee Committee Objective Committee Goal(s) Committee Budget for Year or Project Background Information on Committee Research and Operation Committee Activity to Achieve Goal(s) Committee Recommendation(s) Name of Chairman or All Committee Members LET'S APPOINT A CO 1EE continued THE COMMITTEE REPORT The committee report should be written, if possible, and should be brief but clear in expression. The report is written in the third person and is seldom addressed or dated. It is signed either by the chairman or by all members of the committee who are in agreement with the report contents. When making a committee report, the chairman should present the report on behalf of the committee (not from the chairman). If the committee report is more than a progress report, and requires action, it sho,\ consist of two parts: 1. The report which consists of background information such as the charge of the committee, how it carried out its charge, the sources of information if other than committee members were involved, and the possible solutions it considered, expressing the opinion of the majority. 2. The recommendation, which is the committee proposal for action based on the background information, is moved for adoption by the committee chairman when giving the report. If approval is required for a recommended action, the action to be taken may be included as part of the commentary in the committee report, but at the end of the report, again repeat the action required in the fol in of a motion: On behalf of the com- mittee, I move that or I move to (state the action requiring approval). A recommendation or motion from a committee needs no second unless it is from a committee of one. 22 Participate with Ease Participate with Ease 23 GOVERNING & MANAGING INFORMATION Meetings of City EAGUE OF MINNESOTA Councils CITIES 145 UNIVERSITY AVE, WEST St PAUL MN 55103-2044 PHONE: (651) 281-1200 TOLL PRE; (800) 925-1122 PAX: (651) 281-1299 WEB: WWW.LMC.ORG 1408 August 2008 The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Readers should consult with an attorney for advice concerning specific situations. © 2008 League of Minnesota Cities All rights reserved Table of Contents Part I. Introduction 3 Part U. Meetings and hearings 3 A. Meetings 3 B. Hearings 4 Part III. The open meeting law 6 A. Groups to which the law applies 6 B. What is a meeting? 6 C. Gatherings to which the law applies 7 D. Exceptions and the procedures to use them 7 E. Notice requirements 12 F. Written materials 14 G. Interactive television meetings 14 H. Telephone or electronic meetings 15 I. Common problems in applying the law 15 J. Intentional violations of the open meeting law 19 Part IV. Scheduling meetings 20 A. Who may call a council meeting? 20 B. When meetings may not be scheduled 20 Part V. Minutes 21 A. Responsibility for taking minutes 21 B. Required contents 21 C. Other items that should be in the minutes 22 D. Approval of minutes by council 23 E. Publication 24 Part VI. Holding meetings 24 A. Parliamentary procedure .,...... '4 B. Preserving order 25 C. Participation in meetings 25 D. Attendance of council members 34 E. Meeting room 36 F. Broadcasting and recording of meetings 37 Part VII. Table of motions 39 Part VIII. Model bylaws 41 League of Minnesota Cities Part I Introduction This memo discusses city council meetings. However, much of what is addressed may also apply to city boards, commissions, and other public bodies. Where the discussion is specific to statutory cities, home rule charter cities should consult their charters, See Partin - The open meeting The discussion on the open meeting law applies to all city councils, city law. Minn. Slat. §,s; 41,2,191, suld 2: 3D.04. sirbar. See Part IV - A - Who may call a meeting? See Part 111-E-3-Emergency meetings; Part 111-E-4-Recessed or continued meetings. Meetings of City Councils boards, commissions, and other public bodies. Part IL Meetings and hearings A. Meetings A meeting is a gathering of a quorum of public officials to discuss, decide or receive information on matters over which they have authority. The members of the public usually do not speak at a meeting, although some city councils will occasionally recognize a member of the audience. 1. Types of meetings There are two different types of meetings: Regular meetings. Regular meetings of a statutory city council are held at times established by council rules. A council will typically meet once a month on a particular day, although some councils may have regular meetings scheduled more frequently. Home rule charter cities should consult their charters and any council rules concerning the scheduling of regular meetings. Special meetings. Special meetings are meetings held at times or places that are different from the regularly scheduled meetings. These are often scheduled to deal with specific items that need to be addressed before the next regular meeting. Generally, any matter can be addressed at a special meeting that can be addressed at a regular meeting. There are different types of special meetings, such as emergency meetings and continued meetings, which are discussed in more detail in a later section of this memo. 2. First meeting of the year There is no date set by statute for the first meeting of the year. In most statutory cities, the date is set by an ordinance establishing rules of procedure for the council. A home rule charter city should consult both its charter and any procedural rules the council has adopted. Sat,,§ -112,02, sidle!. 2; 645.44, sulai. 5. Minn Star, § 412.121. Minn. Stat. § 412,831, 14irm. Slat. §§ 427.01,02; 118,4.02, subd 1; 427.09. See Part III E - Notice requireme41.s. The term of office for new statutory city council members begins on the first Monday in January. The first meeting is usually held on or shortly after this date. In the meantime, all previously chosen and qualified council members shall serve until their successors qualify. The first day of a new term in a home ride charter city is generally set by the charter. The following must be done at the first meeting of the year: • Appoint an acting mayor. • Select an official newspaper. • Select an official depository for city funds. (This must be done within 30 days of the start of the city's fiscal year.) In addition, although not required by statute, many city councils will also do the following at the first meeting of the year: • Review council's bylaws and make any needed changes. • Assign committee duties to members. • Approve official bonds that have been filed with the clerk. Home rule charter cities may have additional requirements for their first meeting of the year in their charters. B. Hearings A public hearing is a meeting that is held where members of the public can express their opinions. The council is there to regulate the hearing and make sure that people who want to speak on the issue get the opportunity. The council does not deliberate or discuss matters during the public -hearing portion of this type of meeting; instead, it listens to the public. Once the public -comment period is finished, the council will often wrap up the meeting. In order to recess or continue a meeting of this sort, the council should not fonnally end the public -comment part of the hearing. There are two types of hearings, those that are discretional)/ and those that are required by a. specific statute, ordinance or charter provision. 1. Discretionary hearings Many city councils will hold public hearings even when not legally required to do so. Generally, hearings of this type are for the purpose of allowing the public to comment on a specific issue. Such hearings can be helpful in raising concerns about an issue that the council may not have considered. 4 League of Minnesota Cities See Minn. Stat. §§ 452.157, subd. 3; 429,031. subd, I (cr); 429.051, subd. 1. Minn. § 412,351. Minn, Star. 414.033, inthd. 2b, Minn. Sint § 429.031, subd 1. Minn. ' 429.061. Minn, Seat. § 444, IS, subd, 3. Minn. Sun, § 469.003. saki. 2. ,Sac § 46.9093-71rd. I. Minn, Stat. § 469.065. subd. 2, Minn. Stat. § 469,1115, sidi, 2. Minn. Star„§ 469..107, subd 2, Minn. Star. § 3404.602, Minn. Stat. § 272,065, subd, O. Minn. Sun, ,§ 462,357, snbc1. 3. Alinn. Slat § 462.353„vnbcf. 311. Minn. Star, § 45.7.3.525, subc1. 2. Minn. Sten. § 410.12, subil. 7. Meetings of City Councils 2. Required hearings When a specific statute, ordinance or charter provision requires that the council hold a public hearing, the notice requirements must be followed carefully. Often there are special notice requirements that are more substantial than the notice that is needed for a simple special meeting. For example, hearings required for zoning -ordinance amendments and special assessments have special notice requirements. Following are several of the more common matters that require public hearings: • Street vacation. • Annexation by ordinance. • Local improvement projects that will be paid for with special assessments, • When special assessments are made to property. • Purchase and improvement of waterworks, sewers, drains, and storm sewers. • Adoption of a housing redevelopment authority (HRA) resolution. • Adoption of an economic development authority (EDA) enabling resolution. • Sale of port authority land. • Sale of EDA land. • Increase of levy for an EDA. • Continuation of a municipal liquor store after a net loss for two of three consecutive years. • Truth -in -taxation. • Adoption or amendment of a zoning ordinance. • Subdivision applications. • Granting of a conditional use permit. • Adoption of a charter amendment by ordinance. There are other situations that may require public hearings. Contact the League for further information if you are unsure about a particular situation. Min11. Stot„t; 131).01. Rupp v. Mayasieh, 533 N.W.2d 893 (Minn. Ct. App. 1995), See Part III - E - Notice requirements; and Part V - B — Required consents. Minn. Stat4 13D,01, sand, I. Southern Minntigna Municipal Power Agency v. Boyne, 578 Ar.15'.2d 362 (111ina 1998). See Part III - I - Common problems in applying the law Part III. The open meeting law The Minnesota open meeting law generally requires that all meetings of public bodies be open to the public. This presumption of openness serves three basic purposes: To prohibit actions from being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning decisions of public bodies or detect improper influences. To ensure the public's right to be informed. To afford the public an opportunity to present its views to the public body. The open meeting law also contains some specific notice and record -keeping requirements, which are discussed in detail in later sections of this document. A. Groups to which the law applies The open meeting law applies to all governing bodies of any school district, unorganized territory, county, city, town or other public body, and to any committee, sub -committee, board, department or commission of a public body. Thus, the law applies to meetings of all city councils, planning commissions, advisory boards, firefighter relief associations, economic development authorities, and housing redevelopment authorities, among others. The Minnesota Supreme Court has held, however, that the governing body of a municipal power agency, created under Minn. Stat. § 453.51-453.62, is not subject to the open meetinglaw because the Minnesota Legislature granted these agencies authority to conduct their affairs as private corporations. B. What is a meeting? There is no statutory definition of the term "meeting" for the purpose of the open meeting law. Minnesota courts have generally ruled that a meeting is a gathering of a quorum of public officials to discuss, decide or receive information on matters over which they have authority. Because the term "meeting" has not been clearly defined, the issue of whether or not a meeting has been held must be decided on a case -by -case basis. Some examples of cases are discussed in further detail in a later section of this memo. 6 League of Minnesota Cities Moberg v. lode)), Sch. Dist, No, 281, 336 N,W.2d 510 (Minn. 1983). Mimi, Site. 412,191.bd. 1; 645.08 (5). A.G. Op. 63-A-5 (June 13, 1957); Slat. § 13D.0.1, sir/mi. 1. See Part 111 - 1 - Common problems in applying the law, Minn. Sire. § 13.0.01, sitbrl. 3. Minn) Slat § 23D,05, sober. IA. eetings of City Councils C. Gatherings to which the law applies The open meeting law applies to any gathering of a quorum or more of public officials where the members discuss, decide or receive information as a group on issues relating to the official business of the public body. A "quorum" is a majority of the members of a statutory city council. A majority of the qualified members of any board or commission also constitutes a quorum. Home rule charter cities may have different quorum requirements in their charters. Thus, the open meeting law would apply to any of the following types of gatherings: Regular and special meetings. Public hearings. Executive sessions. Work sessions. Retreats. D. Exceptions and the procedures to use them There are some exceptions to the open meeting law. Under certain circumstances, some meetings may be closed. There are also some meetings that must be closed. Before a meeting can be closed under any of the exceptions, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. All closed meetings, except those closed as permitted by the attorney -client privilege, must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting, 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed: Minn. gra 0 1.3D.03,. 13D.01. sithd. Meetings to consider strategies for labor negotiations under PELRA. Although a meeting to consider strategies for labor negotiations may be closed, the actual negotiations must be done at an open meeting if a quorum of the council is present. Procedure. The following must be done to use this exception: i. Before closing the meeting, the council must decide to close the meeting by a majority vote at a public meeting. ii. Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. iii. A written roll of all people present at the closed meeting must be available to the public after the closed meeting. iv. The meeting must be tape-recorded. v. The recording must be kept for two years after the contract is signed. vi. The recording becomes public after all labor agreements are signed by the city council for the current budget period. If an action claiming that other public business was transacted at the closed meeting is brought during the time the tape is not public, the court will review the recording privately. If it finds no violation of the open meeting law, the action will be dismissed and the recording will be preserved in court records until it becomes available to the public. If the court determines there may have been a violation, the entire recording may be introduced at the trial. However, the court may issue appropriate protective orders requested by either party. League of Minnesota Cities Minn. Staf, §§. 13 0.05,subets. 3(a), : 13D.01„Yu0a 3. 13D.05, subs 3 (I)), Prior Lake American v, Mader, 64.7.M if '2(1 729 (Minn. 2(192). Northwest Publications, Inc. v, City of St. Paul, 435 N.W.2d 64 (Minn. Ct. App. 1989), Minn, Sten: § mild 3; See The Free Press v. County of 'Blue Earth, 677' N. /1`.24/ 471 (Minn. Ct. App. 2094) (holding that a statement that a meeting was being closed under the attorney -client privilege to discuss "pending litigation" did not satisfy the requirement to "describe the subject to be discussed" at the closed meeting). Meetings to evaluate the performance o public body's authority. Procedure. The following must be done to use this exception: i. The public body must identify the individual to be evaluated prior to closing the meeting. ii. The meeting must be open at the request of the individual who is the subject of the meeting, so some advance notice to the individual is needed in order to allow the individual to make an informed decision, Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. iv. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. v. At the next open meeting, the public body must summarize its conclusions regarding the evaluation. The council should be careful not to release private or confidential data in its summary. • Attorney -client privilege. Meetings between the governing body and its attorney to discuss active, threatened, or pending litigation may be closed when the balancing of the purposes served by the attorney -client privilege against those served by the open meeting law dictates the need for absolute confidentiality. The need for absolute confidentiality should relate to litigation strategy, and will usually arise only after a substantive decision on the underlying matter has been made. This privilege may not be abused to suppress public observations of the decision -making process, and does not include situations where the council will be receiving general legal opinions and advice on the strengths and weaknesses of a proposed underlying action that may give rise to future litigation. Procedure, The following must be done to use this exception: i. Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. The council should also describe how a balancing of the purposes of the attorney -client privilege against the purposes of the open meeting law demonstrates the. need for absolute confidentiality. ii. The council must actually communicatewitb its attorney at the meeting. individual subject to the Meetings of City Councils 9 Minn. Star. § 131).05„vulid. 3(c), Purchase or sale of property. A public body may close a meeting to: determine the asking price for real or personal property to be sold by the public body; review confidential or nonpublic appraisal data; develop or consider offers or counteroffers for the purchase or sale of real or personal property. Num Sint, 131).05—m1d. 3(0. Procedure. The following must be done to use this exception: i. Before closing the meeting, the public body must state on the record the specific grounds for closing the meeting, describe the subject to be discussed, and identify the particular property that is the subject of the meeting. ii. The meeting must be tape-recorded and the property must be identified on the tape. The recording must be preserved for eight years, and must be made available to the public after all property discussed at the meeting has been purchased or sold or after the public body has abandoned the purchase or sale. iii. A list of council members and all other persons present at the closed meeting must be made available to the public after the closed meeting. iv. The actual purchase or sale of the property must be approved at an open meeting, and the purchase or sale price is public data. Security Briefings A meeting may be closed to receive security briefing and reports, to discuss issues related to security systems, to discuss emergency -response procedures and to discuss security deficiencies in or recommendations regarding public services, infrastructure, and facilities -- if disclosure of the information would pose a danger to public safety or Compromise security procedures or responses. Financial issues related to security matters must be discussed, and all related financial decisions must be made at an open meeting. Procedure. The following mustbe done to use this exception: i. Before closing the meeting, the public body must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. When describing the subject to be discussed, the public body must refer to the facilities, systems, procedures, services or infrastructure to be considered during the closed meeting. ii. The closed meeting must be tape-recorded, and the recording must be preserved for at least four years. 11inn. Stat. § 1-3D,05. subc1 Minn, Stat. § 1.31).05, subd. 3(c1). 10 League of Minnesota Cities Mimr. Slat. §§ .13D.05, sant 2(b); 13.43, mini. 2(4). 2. Meetings that must be closed There are some meetings that the law requires to be closed. The following meetings must be closed: • Meetings for preliminary consideration of allegations or charges against an individual subject to the public body's authority. While the law permits the council to announce that it is closing a meeting to consider charges against an individual, it is still the best practice not to refer to that individual by name. The council should state only that it is closing the meeting to give preliminary consideration to allegations against someone subject to its authority. However, if someone requests the name of the employee who is the subject of the closed meeting, the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. .114inn. Stat. §,F 13D.01, .subc1 3; Procedure. The following must be done to use this exception: aubcis. 1. i. Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. ii. The meeting must be open at the request of the individual who is the subject of the meeting. Thus, the individual should be given advance notice of the existence and nature of the charges against him or her, so that the individual can make an informed decision. iii. The meeting must be electronically recorded and the recording must be preserved for at least three years after the meeting. iv. If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. (Note: There is a special provision dealing with allegations of law enforcement personnel misconduct; see next discussion under ii.) ' Meetings of City Councils 11 Minn. § 3D.05, subcf, 2(o). Minn, Stat. ,§§ 114.291-144.298, Minn. Srot 130.01, subd. 3; .13D. 05, Siai„q 131)01. Minn. Skit. § 35).04, subc1. 7. Mina Sta7, § 4.1.3.191„viebd 1141111104. 130314, su0l. 1. Minn, Sior, /30.04: 412,I9i, subd, 2, Minn. Slur. V 13D,04, siibd, 2. Portions of meetings at which any of the following data is discussed: i. Data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. ii, internal affairs data relating to allegations of law enforcement personnel misconduct or active law enforcement investigative data. iii. Educational data, health data, medical data, welfare data or mental health data that are not -public data. iv, An individual's medical records governed by sections §§ 144.291 to 144.298, Procedure. Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed, The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. E. Notice requirements Public notice must be given of all meetings of a public body. The notice requirements differ depending on the type of meeting. However, if a person receives actual notice of a meeting at least 24 hours before the meeting, all notice requirements under the open meeting law are satisfied, regardless of the method of receipt. It should also be noted that statutory cities have some additional requirements for mailing notice to their council members regarding special meetings. There may also be additional notice requirements for home rule charter cities to consider. These cities should consult their charters for more information. 1. Regular meetings A schedule of the regularmeetings must be kept on file in the city office. If the city decides to hold a meeting at a different time or place, it must give the notice required for a special meeting. Cities must keep a schedule of the regular meetings of the council on file at the primary office of the council. This requirement can be complied with by posting the regular meeting schedule in a convenient public location. 2. Special meetings A special meeting is a meeting that is held at a time or location different from that of a regular meeting. 12 League of Minnesota Cities Minn. Stat. .4' 13D.04. sulnl 2; Rupp v. Mayasich, 533 N.W.2d 893 (Minn. Ct. App. 1995). i'lirwSiat. 412.191, sntul, 1. Minn, San. ,ff 645.15; 33 M.08, Minn, Sun. § 13D.04, sni,d. 3; 11),11) ni-02(advising that the city council of Breezy Point had improperly held an emergency meeting to consider complaints against the city's building inspector); Slipyv, Rach, No, C5- 06-3574 (9th Jul Dist, June 8, 2007) (after the advisory opinion from the Dept. of Admin, was issued, the trial court held that the city council's decision to hold the emergency meeting complied with the open meeting law). Minn.War. § 13D.04, subd. 4, A city must post written notice of a special meeting on its principal bulletin board or on the door of its meeting room if it does not have a bulletin board. If notice is posted on a bulletin board, the bulletin board must be located in a place that is reasonably accessible to the public. The notice must give the date, time, place, and purpose of the meeting. It must also be mailed to each individual who has filed a written request for notice of special meetings. As an alternative to posting the notice, the city can publish notice in the official newspaper at least three days before the meeting. In statutory cities, the clerk must mail notice of special meetings to all council members at least one day before the meeting. In calculating the number of days for providing notice, do not count the first day that the notice is given, but do count the last day. If the last day is a Saturday, Sunday or a legal holiday, that day is omitted from the calculation and the following day is considered the last day (unless, of course, it happens to be a Saturday, Sunday or legal holiday). 3. Emergency meetings An "emergency meeting" is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. Posted or published notice of an emergency meeting is not required. However, the city must make a good faith effort to notify each news outlet that has filed a written request for notice. Notice must be given by telephone or any other method to notify members of the public body. The notice must include the subject of the meeting. 4. Recessed or continued meetings No additional notice is needed for a recessed or continued meeting if all of the following criteria are met: The meeting is a recessed or continued session of a previous meeting. The time and place of the meeting was established during the previous meeting. The time and place of the meeting was recorded in the minutes of the previous meeting. Meetings of City Councils 13 Srar. § I 3D,04, subd„5, See Port III - D- Exceptions and the procedures to use them. Minn, Stat „cY 131),01, suhd, 6, Minn, Saii„§ .1 3.12).02. 5. Closed meetings The same notice requirements apply to closed meetings as to open meetings. Additionally, advance notice to an individual who will be the subject of such a meeting is needed under certain circumstances (such as to employees who are the subject of performance evaluations or disciplinary proceedings). F. Written materials At least one copy of the materials made available to the council at or before the rneeting must also be made available for inspection by the public. However, this does not apply to not -public data or materials relating to the agenda items of a closed meeting. G. Interactive television meetings Meetings may be conducted using interactive television under certain circumstances. When a council meeting is conducted through interactive television, each council member participating in the meeting, wherever he or she is located, is considered present at the meeting for purposes of determining quorum and participation. A meeting may be conducted through interactive television if the following conditions are met: • All members of the council participating in the meeting, wherever their physical location, can hear and see one another and also hear and see all discussion and testimony presented at any location at which at least one council member is present. • Members of the public present at the council's regular meeting location can hear and see all discussion, testimony, and council votes. • At least one member of the council is physically present at the regular meeting location. • Each location at which a council member is present is open and accessible to the public. • hi addition to the notice required for the meeting, if it was not held through interactive television, the city must also post notice at the regular meeting site and at each of the sites from which a council member will be participating in the rneeting. • If interactive television is used to conduct a meeting, the council must allow a person, to the extent practical, to monitor the meeting electronically from a remote location. The council may require the person to pay for the documented marginal costs that the city incurs as a result of the additional connection. 14 League of Minnesota Cities Miren. 13D,021,subd 1. See Mint?, S41t. di, 1 2. Mirm„S'14v. 13D. 021. subd. 2. Alim?. Slat, § 131).02.1„wrIni. 3, Minn, Star, 3D.021 sitbd. 4; Minn. Staf. 13.1104. H. Telephone or electronic meetings Meetings may be conducted by telephone or other electronic means as long as the following conditions are met: • The presiding officer, chief legal counsel or chief administrative officer for the affected governing body determines that an in -person meeting or a meeting conducted through interactive television is not practical or prudent because of a health pandemic or an emergency declared under chapter 12 of the Minnesota Statutes. • All members of the body participating in the meeting can hear one another and can hear all discussion and testimony. • Members of the public present at the regular meeting location of the body can bear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration. • At least one member of the governing body, chief legal counsel or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the health pandemic or emergency declaration. • All votes are conducted by roll call so that each mernber's vote on each issue can be identified and recorded. Each member of the body participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. If telephone or another electronic means is used to conduct a meeting, to the extent practical, the body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making a connection to pay for the documented additional cost the body incurs as a result of the additional connection If telephone or another electronic means is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and, if practical, of the option of connecting to the meeting remotely. The timing and method of providing notice is the same as other regular, special or emergency meetings held under the open meeting law. I. Common problems in applying the law There are many situations for which the open meeting law is unclear. This section provides an overview of some of the more common situations and how the law may be applied. Meetings or City Councils 15 Minn. Star. § .1.11).05„v«lids. .1(a) 2ari, Minn, Star, ff 130:05„vrtird, 2(a); 1.3.03„ull. 11, ,.S`tor. 13D.05, 1.(b). Minn, S'icrt„f slid. I (o). Channel la Inc. v. Indep, Sok )Jist, No. 709, 298 Minn. 306, 215 N.W.2d 814 (Minn. 1974), See Pan III • I - Serial gatherings. Mankato Free Press v. City of North Mankato, No, C1-96-100036 (Fifth Ind. Dist, 1996), 1. Data practices Generally, meetings may not be closed to discuss data that is not public. However, the public body must close any part of a meeting at which certain types of not -public data are discussed (such as active law enforcement investigative data, police internal affairs data, medical records data, and certain victim, health, medical or welfare data). If not -public data is discussed at an open meeting when the meeting is required to be closed, it is a violation of the open meeting law. Discussions of some types of not -public data may also be a violation of the Minnesota Government Data Practices Act (MGDPA). However, not -public data may generally be discussed at an open meeting without liability or penalty if both of the following criteria are met: • The disclosure relates to a matter within the scope of the council's authority. • The disclosure is necessary to conduct the business or agenda item before the public body. Data that is discussed at an operi meeting retains its original classification under the MGDPA. However, a record of the meeting is public, regardless of the form. It is suggested that not -public data that is discussed at an open meeting not be specifically detailed in the minutes. 2. Interviews The Minnesota Supreme Court has held that a school board must interview prospective employees for administrative positions in open sessions. The court said that the absence of a statutory exception indicated that the Legislature had decided that such sessions should not be closed. The reasoning would seem to apply to city council interviews of prospective officers and employees as well, if a quorum is present. In 1996, a district court found that it was not a violation of the open meeting law for candidates to be serially interviewed by members of a city council in one-on-one closed interviews. In this case, five city council members were present in the same building but each was conducting separate interviews in five different rooms. Because there was no quoru.m present in any of the rooms, the court found there was no meeting. The decision, however, was appealed. 16 League of Minnesota Cities itlankino Fro? P MSS CP.1, eV' North Honkato, .56.7 IT2r1 291 (Minn. Cr. .1pp. /99.7) Alcinkrao Free Presi- -v. City of North Alonkaio.iV. C9-9N-677 (Minn, Cr, App. Dec, 15, ./.998) (unpublished decisiun), Op, 63-4-5 (/un' 13, 1,957); See also 'inn, Siat. §13D,01, subd. 100(4) ri,G. Op. 10-6 ('Jit6, 3, 1975). A.G. Op, 63o-5 (Aug, 2, 1996). Sovereign v. Dunn, 498 N.W.2d 62 (Minn. Ct. App. 1993); LND 07- 025 Timm, v. Kroschel, 506 N.W.2d 14 (Minn. Ct. App. 1993); .4.(7. Op. 6.3(,-5 Orig. 28, 19961. In 1997, the Minnesota Court of Appeals reversed the district court's decision and remanded the case back to it for a factual determination on whether the city used the one-on-one interview process in order to avoid the requirements of the open meeting law. On remand, the district court found that the private interviews were not conducted for the purpose of avoiding public hearings. The case was again appealed. In an unpublished decision, the court of appeals agreed. The implication of this decision appears to be that if serial meetings are held for the purpose of avoiding the requirements of the open meeting law, it will constitute a violation of the law. Cities that are considering holding private interviews with job applicants should first consult their city attorney. 3. Executive sessions The attorney general has advised that executive sessions of a city council must be open to the public. 4. Committees and liaisons The attorney general has advised that citizen advisory panels that are appointed by a governing body are also subject to the open meeting law. Many city councils create committees to make recommendations to the council. Commonly, such committees will be responsible for researching a particular area and submitting a recommendation to the council for its approval. Such committees are usually advisory, and the council is still responsible for making the final decision. City councils routinely appoint individual council members,to act as liaisons between the council and particular committees. These types of meetings may also be subject to the open meeting law if the committee contains a quorum or more of the council or has decision -making authority. In addition, notice for a special council meeting may be needed if a quorum of the council will be present at the meeting and participating in the discussion. For example, when a quorum of a city council attended a meeting of the city's planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting law, not because of the council members' attendance at the meeting, but because the council members conducted public business in conjunction with that meeting. Based on that decision, the attorney general has advised that mere attendance by additional council members at a meeting of a council committee held in compliance with the open meeting law would not constitute a special council meeting requiring separate notice. The attorney general warned, however, that the additional council members should not participate in committee discussions or deliberations absent a separate notice of a special city council meeting. Meetings of City Councils 17 S. Cloud Newspapers, Inc. v. District 742 Cmty. Sch., 332 MW.2d 1 (Minn. 1983). Moberg 1ndep-Sch. Dist. Na. 281, 336 N.W.2d 510 (Minn, 1983), Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). Moberg v. Indep. Sch. Dist, No. 28), 336 N.W.2d 510 (Minn. 1983). Also see Partin - 1 - Interviews and Technology trouble. Mankato Free Press v. City of North Mankato, 863 N: 11 2t1 291 (Minn. Ci. App, 1997). Mankato Free Press v, City of North Mankato, No. C9-98-677 (M)nn. C. .App. Dec 13. 1998) (unpublished decision). .4.G, Op, 63a-5 (Feb. .5, 1,975). 5. Chance or social gatherings Chance or social gatherings of a quorum are not considered meetings under the open meeting law and are therefore exempt from it. However, a quorum may not, as a group, discuss or receive information on official business in any setting under the guise of a social gathering. In 1982, the Minnesota Supreme Court held that a conversation between two council members over lunch regarding an application for a special -use permit did not violate the open meeting law because a quorum was not present. 6. Serial gatherings The Minnesota Supreme Court has noted that meetings of less than a quorum of the public body held serially to avoid public hearings or to fashion agreement on an issue may violate the open meeting law. In short, this type of situation is a circumvention of the statute. As such, council members should avoid this type of practice. A 1997 Minnesota Court of Appeals' decision also indicates that serial meetings could violate the open meeting law, In this decision, the court looked at a situation where the members of a city council conducted individual interviews of candidates for a city position in separate rooms. Although the district court found that no meetings had occurred because there was never a quorum of the council present, the court of appeals remanded the decision back to the district court for a determination of whether the council members had used this interview process for the purpose of avoiding the requirements of the open meeting law. On rernand, the district court found that the private interviews were not conducted for the purpose of avoiding the requirements of the open meeting law. This decision was also appealed, and the court ofappeals, in a 1998 unpublished decision, agreed. A city that wants to hold private interviews with applicants for city employment should first consult with its city attorney. 7. Training sessions The attorney general has advised that a city council's participation in a non- public training program devoted to developing skills is not covered by the open meeting law. However, the opinion also stated that if there were to be any discussions of city business by the attending members, either outside or during the training session, it could be seen as a violation of the open meeting law. 18 League of Minnesota Cities Moberg v. Indep. Sch. Dist No, 281,336 N.W.2d 510 (Minn. 1983), See Part III - I - Serial gatherings, Moberg v. Indep. Sch, Dist, Ni. 281, 336 N.W.2d 510 (Minn, 1983). See Electronic Communications Between Council Mcnibetii, LMCIT Information Memo. Whin, Stat. $ 130.06, subd,s. 1,4, Minn. Stat. 13D,06, subd 4. Minn. Stat. ,$ 1311.0n. subd, 3. Claude v. Collins, 518 N.W.2d 836 (Minn. 1.994); Brown r. Cannon Falls Township, 723 N.14'.2d 3 01-1ino, Cr. App. 20061. 8. Technology trouble The open meeting law does not address situations that may occur as a result of communication through telephone calls, letters, e-mail or similar technology. The Minnesota Supreme Court found that the open meeting law did not apply to letters or to telephone conversations between less than a quorum. While it is possible that a similar decision might be reached concerning the use of e-mail and other forms of technology, it should be stressed that if a quorum of members are involved in the communication, it would likely be considered to be a violation of the open meeting law. In addition, serial discussions between less than a quorum of the council that are used to deliberate matters that should be dealt with at an open meeting would likely violate the open meeting law, Therefore, city councils and other groups to which the open meeting law applies should not use letters, telephone conversations, e-mail, and other such technology if the following circumstances exist: A quorum of the council is involved. Information relating to official city business is being discussed. J. Intentional violations of the open meeting law A public officer who intentionally violates the open meeting law can be fined up to $300. This fine may not be paid by the public body. In addition, a court may also award reasonable costs, disbursements, and attorney fees up to $13,000 to the person who brought the violation to court. If a plaintiff prevails in a lawsuit under the open meeting law, a court shall award reasonable attorney fees if the court detennines the public body was the subject of a prior written advisory opinion from the commissioner of the Department of Administration, and the court finds that the opinion is directly related to the lawsuit and that the public body did not act in conformity with the opinion. A court is also required to give deference to the advisory opinion in a lawsuit brought to determine whether the open meeting law was violated. If a public official is found to have intentionally violated this chapter in three or more separate actions, the public official must be removed from office and may not serve in any other capacity with that public body for a period oftime equal to the teriu of office the person was serving. However, removal is only required if the conduct constitutes malfeasance or nonfeasance. Meetings of City Councils 19 Quart v. Knutson, 276 Minn, 34(1, 150 N.W.2d 199 (Minn. 1967). Sullivan v. Credit River Township, 217 N.W.2d 502 (Minn. 1974); Ill re D & A Truck Line, Inc., 524 N.W.2d 1 (Minn, Ct. App. 1994); Lac Qui Park -Yellow Bank Watershed Dist. v. Wollschlager, Ni), C6-964023 (Minn. c. App, Nov, 12, 1996.) (unpublished decision). Minn, Stet § 13a06, subd, Minn, Sat. 412,191, subd. 2, Alinn. Sint, § 202/1,19, subd 1. Minn, S)at. § 204C.03, subd. 1. The statute does not address whether actions taken at an improper meeting would be invalid, The Minnesota Supreme Court once held that an attempted school district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. However, in more recent decisions, Minnesota courts have refused to invalidate actions taken at improperly closed meetings. In an unpublished decision, the court stated that "even a violation of the open meeting law will not invalidate actions taken at that meeting." A public body may pay any costs, disbursements or attorney fees incurred by or awarded against any of its members for an action under the open meeting law, Part IV. Scheduling meetings A. Who may call a council meeting? A special meeting may be called by the mayor of a statutory city. Additionally, a special meeting may be called by any two members of a five -member council or three members of a seven -member couneil. The special -meeting request should be in writing and be filed with the clerk. Home rule charter city councils may have additional limitations and powers regarding special meetings in their charters. B. When meetings may not be scheduled City council meetings may not be held at any of the following times: • After 6 p.m. on the evening of a major political party precinct caucus. • Between 6 p.m. and 8 p.m. on a day when there is an election being held within the city's boundaries, 20 League of Minnesota Cities Minn. Star. § 64.5.44. subti. .5. Minn. Sun. § .15.1 7. Minn. Stai,§ 412.151, sula 1, Violet? v. Minneapolis Special Sch, Dist, No, 1, 309 Minn. 292, 245 N.W.2d 440 (Minn. 1976). Muni, Srar. §§ 13D.01. subd 4; 33 1.4.6.1, subc1. 6: 15.17. Minn. Stat. §§ 412.151, subd.1: 412.19 Naha'. 3: 33 ,,tubti. itiinn. Stat, §,6 331.4,01, subt1. 412_151. subd 1: 4.12.191, sulul, Alinu.Srar. 3314.01,suhd 6; 412.151,sub6. Minn. Star. §§ staid 6; 4 12.19 1. 3, Minn, Sua. §,§ I3D.0 !.gnarl. 4: 3314.01, subal 6: 412.151, Nfill(1. 42,191. sulk'. 3. On any legal holiday. (Note: Legal holidays include: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. However, political subdivisions have the option of determining whether Columbus Day and the Friday after Thanksgiving are holidays. If it is determined that Columbus Day and the day after Thanksgiving are not holidays, a meeting may be scheduled on these days.) Home rule charter cities may have additional prohibitions in their charters as to when meetings may be scheduled. Part V. Minutes Municipal officers must keep all records necessary to provide a full and accurate knowledge of their official activities. A. Responsibility for taking minutes A statutory city clerk must keep a minute book. Generally, he or she has wide discretion as to how to keep the minutes. A verbatim record of everything that was said is not normally required. However, in any case where the law or charter requires a verbatim record, using a tape recorder instead of a court reporter to accomplish that objective is probably valid, B. Required contents The following items must be included in the minutes: The members of the public body who are present. The members who make or second motions. Roll call vote on motions. Subject matter of proposed resolutions or ordinances. Whether the resolutions or ordinances are defeated or adopted. The votes of each member, including the mayor. Horne rule charter cities may have additional requirements in their charters. Meetings of City Councils 21 Swanson v. City of Bloomington, 421 N.W.2d 307 (Minn. 1988). Dietz v. Dodge County, 487 N.W.2d 237 (Minn, 1992). Minn. Stot. § 4.12.1,51, n C. Other items that should be in the minutes Although not generally required by statute, several court decisions suggest that including certain information in the minutes can help to defend a city's action should a lawsuit occur. The following types of data are examples of information that should be included in the minutes: • Findings offact. Case law requires them for land -use decisions and some personnel decisions. The council's conclusions. Case law requires them for land -use decisions and some personnel decisions. • The specific reasons behind the council's conclusions. Examples would include such things as the economical, social, political or safety factors that were considered when the council made a particular decision. • Signature of clerk and mayor. Because minutes would likely be considered official papers of the city, they should be signed by the clerk. And although the law does not require it, in many cities the mayor also signs the minutes after they are approved by the council. 22 League of Minnesota Cites See "Statement qf POSia(114 Alit," Office of the State Auditor, Minn. Sm. § 412.191, strly.l. ,3, The Office of the State Auditor has also recommended that meeting minutes include the following information in addition to the information required by state statute. • Type of meeting (regular, special, emergency, etc.) • Type of group meeting (city council, planning committee, etc.) • Date and place the meeting was held. • Time the meeting was called to order. • Approval of minutes of the previous meeting, with any corrections. • Identity of parties to whom contracts were awarded. • Abstentions from voting due to a conflict and the member's name and reason for abstention. • Reasons the governing body awarded a particular contract to a bidder other than the lowest bidder. • Granting of variances and special use permits. • Approval of hourly rates paid for services provided, mileage rates, meal - reimbursement amounts, and per diem amounts. Listing of all bills allowed or approved for payment, noting the recipient, purpose and amount. • List of all transfers of funds. • Appointments of representatives to committees or outside organizations. • Reports of the officers. • Authorizations and directions to invest excess funds, information on • investment redemptions and maturities. • Time the meeting concluded. D. Approval of minutes by council Although it is not statutorily required, the council generally approves the minutes at the next council meeting. After the minutes have been approved, they become the official pen-nanent record of the council meeting. Problems sometime arise when someone requests a copy of the minutes before they have been approved by the council. The clerk must give out such information if someone requests it, but should make it clear that the minutes will not be officially approved until the next meeting. lf tbe city publishes or mails the minutes, the council has two options. First, it may wait to publish them until after council approval. Second, the published minutes may include a notation that they are unofficial. Meetings of City Councils 23 Menu. Srot. 412.191, .14rbef. 3 Alf1117, Skrr, 331.4.08 subd 3. Minn. Star. § 3314.(11,srebd 10. Minn. Star. § 4 l2.19.1„v+bd 2, See Part VII - Table of motions and Part VIII - Model bylaws. E. Publication A statutory city with a population of 1,000 or more must publish the council's official proceedings or a summary of them in its official newspaper within 30 days after every regular and special meeting. lf the city council conducts regular meetings not more than once every 30 days, however, it need not publish the meeting minutes until 10 days after the council has approved them. A less expensive alternative is also available; instead of publishing the minutes, the city may mail a copy, at city expense, to any resident upon request. Statutory cities with a population of less than 1,000 are exempt from both of these requirements. Horne rule charter cities should check their charters for any publication requirements. If a statutory city chooses to publish a summary or condensed version of the official minutes, it must meet the following criteria: • It must be written in a clear and coherent manner. It must avoid the use of technical or legal terms not generally familiar to the public. • The publication must indicate it is only a summary. • The publication must indicate the full text of the minutes is available for public inspection at a designated location. Part VI. Holding meetings A. Parliamentary procedure A statutory city council has the power to regulate its own procedure. Home rule charter cities may have similar provisions in their charters or the charter may spell out how meetings are to be conducted. Procedural rules are usually provided for in the rules or bylaws adopted by the council. Adoption of council rules may be supplemented by the use of a standard work on parliamentary procedure, such as Robert's Rules of Order. Because of the small size of most• city councils, procedures at council meetings, particularly in discussions, tend to be quite informal and many cities prefer to keep things simple and use just the basic rules regarding motions and voting, rather than adopting a more complex set of procedures. Whatever rules the council adopts, it should follow them. Although the council can vote to change or suspend its rules if the occasion calls for it, it is probably better to stick with the adopted rules except on rare occasions. 24 League of Minnesota Cities ;;c' 412.191, suhd. A.,11lt(t § 609.72, 3tit+cl, .1 (2). Ski:v. Guy, 242 N.W.2d 864 (Neb. 1976). Mon. SaT §412JPJ, su641, I. Allot?. Slot §§ 412.191. s1113,71, 412.121. B. Preserving order A statutory city council is authorized to preserve order at its meetings. The mayor, as the presiding officer, is also vested with some authority to prevent disturbances. While council meetings must be open to the public, no one who is noisy or unruly has a right to remain in the council chambers. When the council decides that a disorderly person should not remain in the meeting hall, the police may be called to execute the orders of the presiding officer or the council. No matter how disorderly the meeting, it will still be a legal meeting and any action taken at it in proper form will be valid. If the audience becomes so disorderly that it is impossible to carry on a meeting, the mayor has the right and duty to declare the council meeting adjourned to some other time (and place, if necessary). The members of the council can also move for adjournment. If the mayor is not conducting the meeting in an orderly fashion, there is relatively little the other council members can do to control the action of the presiding officer. However, a majority of the council can force adjournment whenever they feel it is necessary. A person who disturbs a lawfully -held public meeting may be guilty of disorderly conduct. Any conduct that disturbs or interrupts the orderly progress of council proceedings is a disturbance that may be prevented, or punished if an ordinance violation is involved, without infringing on constitutional rights. C. Participation in meetings 1. Mayor The mayor of a statutory city is a member of the council, and has the same right to vote and make and second motions at meetings as the other council members. The mayor is the presiding officer of the meeting. In the absence of the mayor, the acting mayor must perform the duties of the mayor. The acting mayor is chosen at the first meeting of each year. In some charter cities, the mayor might abstain from voting or participating unless there is a deadlock. This practice can help to preserve the neutrality of the chair of the meeting. However, counting votes at a meeting where a member abstains can sometimes be tricky. Meetings of City Councils 25 Suit, § 412..191. sand. 1, Minn. Star. § 41.7,651, strati. 5. See Official Conflict of lo west, LMC Information Memo, May 2004 for more information, Minn, ,5tat. § 471.88. Lenz v. Coon Creek Watershed Dist., 278 Minn. 1, 153 N,W.2d 209 (Minn. 1967). See Part 11 - Meetings and hearings. In some charter cities the mayor has veto power. Charter cities should consult their charters for more information. 2. Clerk In a Standard Plan statutory city, the clerk is an elected member of the council, As such, he or she has the same voting powers and other privileges as do the other council members. Like the mayor, the clerk in a Standard Plan city is able to make and second motions. In Plan A or Plan B statutory cities, the clerk is not a member of the council, and therefore, cannot vote or participate in council proceedings. Again, home rule charter cities may have different provisions in their charters. 3. City managers In a Plan B city, the city manager must attend all council meetings. He or she has the right to take part in the discussions, but not to vote. The council bas the power to exclude the city manager from any meeting at which the manager's removal is considered. 4. Council members with disqualifying interests Sometimes, a council member may have a personal interest in a matter that the council must address, like licenses, zoning matters, special assessments or actual contracts. If it is determined that an individual council member has such an interest, the individual might be disqualified from participating in the decision. Under some circurnstandes, state statutes require that the interested council member abstain from voting. Under other circumstances, the law is less clear, However, a Minnesota Supreme Court decision suggests that an officer with a disqualifying interest should abstain from voting even when not expressly required under the statutes. 5. Audience participation Audience members are not normally able to take an active part in the council's discussion at a meeting. Only the council can make motions and vote at a council meeting. Audience members may not speak unless they have been recognized by the chair. Many city councils have scheduled a portion of their meeting for public comment. These are often referred to as "open forums." During this part of the meeting, the chair of the council will recognize members of the audience to speak briefly on topics that concern them. 26 League of Minnesota Cities Ali,m. St(t. !,.;" 131)3n. subd. 4. If a large number of audience members wish to speak, the meeting may not progress efficiently. Likewise, if one person spends a long time expressing his or her view, others may not get the opportunity to present their views. The following sections discuss ways to address some of these problems. (1) Limiting time Some councils have addressed this problem by placing a limit on the amount of time audience members are allowed to speak at a meeting. For example, the council may ask people to limit their remarks to no more than three minutes or allow only a specified number of people to speak. A number of cities have established rules or guidelines that citizens must follow when speaking at a meeting. Often, the speaker must notify the city at least one day in advance so that he or she can be put on the agenda. At the time that the person notifies the city of his or her desire to speak at the meeting, he or she is given a copy of the "rules of conduct," which lists the time limit for speaking and any other city limitations. This gives the person time to plan his or her speech so it fits within the time limit. The mayor then reminds the speaker of the time limit before the speaker begins to speak. Some cities will have a clock visible to the speakers so they can see when their time for speaking is over. (2) Limiting topic Another option may be to limit the scope of comments to those matters being addressed by the council at the specific meeting. While this may be a way to focus the meeting on the matters being addressed by the council, it might also keep people from making the council aware of any new issues. Cities considering this approach might need to allow for other ways for people to bring up other topics. Some cities will establish general rules outlining when citizens may speak at council meetings. Often these guidelines will require that the topic be identi-fied in writing a few days before the actual meeting. The specific topic and the speaker's name are then put on the agenda. Such procedures are helpful in allowing the council to plan an efficient meeting and to prepare a response to the issue (if needed). It also helps to remind the speaker that he or she may only address those issues on the agenda. 6. Voting City councils meet to discuss matters relating to city business and to make decisions for the city. When a matter is brought to a vote, the votes must be recorded in the minutes. The vote of each individual council member (including the mayor) must also be recorded on each appropriation of money, except for the payment of judgments, claims, and amounts fixed by statute. Meetings of City Councils 27 A.G'. Op, 471e (Sept. 18, 19621; .1,G. Op. .171e (Aug. 20, 1962), For more information on counting votes see "Counting the Votes on Council Actions (1'arrf and Purr 17)," Minnesota Cities (May, June - July, 2006); and "Noting 1?idclles," Minnesota Citie,y Opri12007. Minn, Suo, §§ .112.191, subd, 1; 645,08 (5). Minn, Suit. ' 462,357, subd 2, Minn. § 02.355, sated 3. Minn. Sta. § 462.354, subd,1. Minn. Stat. § 462.3.56, subd. 2, Because of this requirement, city councils may not vote by secret ballot on matters addressed at council meetings unless the vote can be taken in such a manner that would comply with the statute's requirement. (1) Counting votes Most of the time, a city council acts by majority vote; however, sometimes a simple majority vote is not enough for a matter to pass. Depending upon the matter before the council, more votes may be needed. Likewise, a home rule charter city may have additional requirements in its charter. Entire council is present When the entire council is present and all members vote, it is generally simple to determine if a matter has passed. • Achieving a quorum. A majority of the members of a statutory city council shall constitute a quon.un. Obviously, when all members are present, a quorum has been achieved. • Motions and resolutions. A majority of the quorum is needed to pass most motions and resolutions. Since most statutory cities have a five -member council, this means that three votes are normally needed if all members are present and voting. In a statutory city with a seven -member council, it would take at least four votes to pass most motions or resolutions. • Most ordinances. A simple majority vote of an entire statutory city council is needed to pass most ordinances, regardless of the number of council members present. This means that three votes are needed to pass an ordinance in a city with a five -member council. In a statutory city with a seven -member council, four votes are needed to pass most ordinances. However, some ordinances require more than a simple majority vote. • Situations where statutes require extraordinary votes. Several statutes require more than a simple majority to take certain kinds of actions. The following are some examples: • Adoption or amendment of zoning ordinances that change existing zoning from residential to commercial or industrial. Adoption or amendment of comprehensive plans. • Abolishment of a planning agency. • Some capital improvements and acquisition or disposal of real property if the city has a comprehensive plan. 28 League of Minnesota Cities Minn. Stat, § 471.88, See Official Conflict &interest, LMC information Memo, May 2004. 429.1131, subars, 1, 2. Alum. .;tat 419.12, mtbth, h. 3% /Am. Sot. ,!,c 412.191:m10cl 4. Mbln, Slat. 412..501. *Pam Stat, § 412,3.51. Minn. Stat. 412.221, subd.. 16. State v. Hoppe, 194 Minn. 186, 260 N.W. 215 (Minn. 1935) 4.(3, Op, 63-b-14 (.lam 14, /9.7()Error! Bookmark not defined.; A.C. Op. 161,4-20 ijuly 3, 19741. Ham. Stat. §§ 412.191 „vuhri. 1; 645.08(.5), Contracts that are allowed even though one of the officers has a personal financial interest. Generally, a council member may not have a financial interest in a city contract. However, the statutes allow certain exceptions to this rule. If such a contract is permitted under an exception, the statute requires that it be approved by unanimous vote of the council. In some cases, the interested officer must abstain from voting, but it is probably advisable for him or her to refrain from participating in the discussion and voting, regardless of whether the statute specifically requires it. Some local improvements that will be paid for with special assessments. • Some types of charter amendments. • Summary publication of ordinances in statutory cities. • Abolishing or changing the size of a statutory city park board. • Some street vacations. • Abolishment of a hospital board. Home rule charter cities may have other supermajority vote requirements in their charters. ii. Vacancies A vacancy temporarily reduces the size of the council; therefore, when there is a vacancy on a five -member council, the entire council consists of four people. For actions that require approval by a specified portion of the council, the required number of votes is calculated using the current number of seats that are filled. Achieving a quorum. Since a majority of a statutory city council is needed to achieve a quorum, a vacancy can affect the number of members that must be present in order to hold a meeting. One vacancy on a five -member council would not reduce the number of members needed to achieve a quorum (since both a majority of five and a majority of four is three). However, if there were two vacancies on a five -member council, the council would consist of three members and a majority of the council would be two members. Motions and resolutions. Since most motions and resolutions must be approved by a majority of those present at a meeting, a vacancy will have basically the same effect as an absence. A majority of those present must vote to approve in order for most motions and resolutions to pass. Meetings of City Councils 29 A.G. Op. 6.36-11 (Ow 20. 1966), Tracy Cement Tile Co. v. City of Tracy, 143 Minn. 415, 176 N.W. 189 (Minn, 1919). Minn. Slat §§ 412,191,30d 1; Jensen v. Indep. Comsat Sch, Dist. No. 85, 160 Minn. 233, 199 N.W. 911 (Minn. 1924); A.G. Op. 47I-M (Oct. 30, 1986); A.G. Op 161,4-20 (Juno 3, 1987); Minn. Stat. § 60.08(5). Minn_ Stat. § 412,191, sitha 4. Most ordinances. Since most ordinances must be approved by a majority of the entire council, vacancies on the council can affect the number of votes needed to pass an ordinance. For example, if there were two vacancies on a five -member council, the entire council would consist of three members. In this case, a majority of the entire council would be two rather than three. • Situations where statutes require extraordinary votes. If a statute or charter provision requires a specific number of votes (rather thana, percentage of the council), the vacancy probably won't affect the required numbers of votes. iii. Absences A council member's absence from a meeting does not affect the number of votes needed if a, statute requires an affirmative vote by a specified portion of the entire council. Achieving a quorum. Absences can certainly affect the ability of a city council to achieve a quorum, since a majority of a statutory city council is needed to achieve a quorum. For example, if one or two members of a five -member council are absent, the three remaining council members would constitute a quorum. However, if three members are absent, the remaining two members would not be able to hold a meeting because a quorum would not be present. Motions and resolutions. Since most motions and resolutions must be approved by a majority of those present in order to pass, an absence can affect the number of votes needed. The general rule is that if a quorum is present, a majority of the quorum can pass any action except those where a statute or charter provision requires a larger number. The fewer members present, the fewer needed to constitute a majority. For example, if two members of a five -member council are absent, the remaining three constitute a quorum. A 2-1 vote is sufficient to pass most motions at such a meeting. However, if all five members are present, at least three votes would be needed to pass the same motion, Most ordinances. The absence of a council member from a meeting does not affect the number of votes needed if the statutes require that a specified portion of the entire council is needed to approve an action. For example, it takes a majority of the entire council to pass an ordinance in a statutory city. In most statutory cities, a majority is three votes. If one council member is absent, it would still take a majority of the entire council (or three votes) to pass the ordinance. Situations where statutes require extraordinary votes. The absence of a member will not affect the number of votes needed if a statute requires approval by a specific number of votes or a certain portion of the entire council. 30 League of Minnesota Cities A.G. Op. 161,4-20 Khme 3,19871; A.G. Op. 471-11.110ot. 30, 1984 Ram Dev. Co v. Shaw, 309 Minn, 139, 244 N.W.2d 110 (Minn, 1976). 1989 Street Improvement Program w Denmark Township, 483 N.W.2d 508 (Minn. Ct. App. 1992). iv. Abstentions Sometimes a council member who is present at a meeting will choose not to vote on a matter before the council, In some home rule charter cities, a mayor might not vote unless there is a tie. If a council member or mayor does not vote, it is recorded in the minutes as an abstention. How the abstention should be considered can sometimes depend upon the reason for the member's abstention. • Achieving a quorum. Whether or not a council member abstains would not appear to have an effect on whether or not a quorum exists, and the meeting may be held. Motions and resolutions. Generally, a motion or resolution is passed if the majority of those voting vote in favor of it. It's not entirely clear, however, if a court would apply this rule to the extreme case where a quorum is present but because of abstentions the nurnber of affirmative votes is less than a majority of the quorum. Again, it may depend upon the reason behind the abstention. Most ordinances. An abstention by one or more council members does not reduce the number of votes needed if a statute or charter provision specifies a certain number of votes. For example, in a statutory city with a five -member council, three affirmative votes are needed to pass most ordinances; two "yes" votes and three abstentions are not enough. However, if the abstention is required because a council member is disqualified from voting (such as when one member has a personal interest in the matter being considered by the council), the abstention is treated like a vacancy. In this type of situation, the size of the council is temporarily reduced. Situations where statutes require extraordinary votes. An abstention by one or more council members does not reduce the number of votes needed if the statutes require the affirmative vote of a specific number or proportion of the entire council. For example, in a case where a seven - member board-atternpted to pass a zoning amendment that required a two- thirds vote of its members, three members abstained and four voted in favor of the amendment. The court ruled that this vote was not sufficient to pass the ordinance. Council members who have a disqualifying interest are generally excluded when counting the number of votes needed to approve an action by a supermajority vote. An example of such a situation was a local improvement project where two town board members owned property that was going to be assessed for the improvement. The court found it was proper for the two to abstain in this case, and that three affirmative votes were sufficient to meet the four -fifths majority vote requirement. Meetings of City Councils 31 Although council members may be tempted to abstain from voting on a controversial matter, they should remember that the abstention will ultimately tend to pass or defeat the matter. The best advice is to avoid the kinds of problems that can arise from abstentions and vote, unless an abstention, is required because a council member has a personal interest in the matter. b. Long-distance voting Minn. u§§ 131).02; 1311021 Although the open meeting law permits meetings to be held by interactive television, and in the case of a health pandemic or an emergency, permits meetings to be held by telephone or other electronic means, the use of other types of technology have not yet been authorized. i. Voting by proxy kinn. D.02. . Sometimes council members who are not able to be at a meeting want to vote on a matter that will be addressed at the meeting. State law does not permit a statutory city council member to vote by proxy. Home rule charter cities may find permission in their charters. u. Voting by phone Likewise, unless there is a health pandemic or an emergency, state law does not authorize a council member to phone in his or her vote or participate in the meeting by conference call, or other electronic means. 7. Agendas City clerks generally prepare agendas for council meetings. The agendas are then given to council members and other interested individuals such as department heads and citizens. The agenda establishes the order in which the matters are to be addressed during the meeting. (1) Consent agenda The consent agenda or consent calendar is used by many city councils to help shorten the length of the meetings by using time more efficiently. A consent agenda typically groups together many items that are routine and not controversial. Although the council must take action on these items, they do not require further discussion. Examples of items typically included in a consent agenda are the approval of the minutes, the setting of the next meeting date, approval of routine expenditures, and the final approval of licenses and permits. 32 League of Minnesota Cities I Minn. Slat. §§ 23E04, subd. 1; 412,19.1„mhd. 2, A1inn. Smr 13D,04,stituf. 2. See Part E - Notice requirements, § 131).04, .yull. 3. See Part III - E - Notice requirements. The council generally approves all items on the consent agenda with the passage of one motion. If there is any item on the consent agenda that a council member feels warrants further discussion, it is removed from the consent agenda and dealt with individually. It may be placed anywhere within the regular agenda. The consent agenda may be a valuable tool for city councils that have to deal with many routine matters. Some city councils may need to amend their bylaws to allow the use of this procedure. (2) Discussing items not on the agenda • Whether the council can discuss an item that was not included on the agenda is a question that may not have a clear answer. In part, the answer may depend upon the type of meeting that is being held and the type of meeting rules the council has adopted. Cities should first check any rules that have been adopted by the council and any charter provisions, if the city is a home rule charter city. These local items may give more specific guidance where the statutes are vague. • Regular meetings. The statutes are basically silent on the ability of the council to address items that are not on the agenda at a regular rneeting. However, it seems to be common practice for councils to address items that were not originally on the agenda of a regular meeting through a miscellaneous item on the agenda. • Special meetings. A city must give notice of a special meeting to the public. This notice must include the date, time, place, and purpose of the meeting, Since the notice of the meeting should announce its purpose, council members should deal only with that specific issue. • Emergency meetings. Although these types of meetings are very rare, the law seems to be clear. The law requires that notice must include the subject of the meeting. The law also states that if matters not directly related to the emergency are discussed or acted upon in an emergency meeting, the meeting minutes shall include a specific description of the matters. Surprisingly, the statute seems to give the conned more leeway to take up other matters at an emergency meeting than at other types of meetings. However, discussion of topics other than the emergency should be avoided. In conclusion, it is advisable for city councils to only deal with the specific items on the agenda for all but regular meetings. Council members may lose a great deal of credibility with the public if people believe they are trying to circumvent the law. Meetings of City Councils 33 Alin. Stat. §§ 412.191, szibd 1: 645,08 (5). Min § 2118,10„stebd, 2, 21..6'. Op. 471-E.` gem, 21. .1942). Him). Slur § 412.191, silt)(1, 2. D. Attendance of council members It is important for all council members to attend their city council meetings. When members are absent from a meeting, it can be difficult for the council to conduct business. Such difficulties can include the inability ofthe council to achieve a quorum, the difficulty in getting the needed number of votes to approve an action, and the difficulty in counting votes. In statutory cities, a majority of all the council members constitutes a quorum. This means that at least three members of a five -member council or four members of a seven -member council must be present in order for the council to hold a meeting. Home rule charter cities may have different quorum requirements in their charters. 1. Time off from employment An elected official must be given time off from employment to attend meetings that are required because of the office. The time off may be with or without pay. If the time off is without pay, the employer must make an effort to allow the person to make up the hours at another time when he or she is available. An ernployer cannot retaliate against an employee who must take time off to attend such meetings. 2. Non-attendance Sometimes, a city council will find that a council member is not attending council meetings. The absences may be due to a variety of reasons, such as illness, extended vacations or refusal to attend. Whatever the reason, such extended absences can make it difficult for the council to do its job. This section discusses some of the things city councils can consider to remedy this type of problem. a. Reprimands The attorney general has indicated a city council could reprimand a council member for missing meetings. The council would do this by passing a resolution. While such a reprimand might create political pressure and embarrassment for the absent council member, it won't necessarily compel the council member to attend meetings. b. Compelling attendance State law authorizes a statutory city council to compel the attendance of its members and punish them for non-attendance. Unfortunately, it is not clear how this power should be exercised. 34 League of Minnesota Cities Minn. Slat. ch. .586, in, Star. § 43.4.17, mild 10. Minn, Star. § 412,191, mild 2, Minn. Star, § 412.02„Tabd 21). Minn. Sam § 419.33. It might be possible to compel the attendance of a council member through a mandamus action, which is a court order to force a public officer to perform a specific duty of his or her office. This type of remedy may be pursued by the city, individual council members or a citizen. However, city officials should consult with their city attorney before considering this approach. c. Council pay State law prohibits cities from diminishing a council member's pay for absences because of illness or vacation. As a result, if the council's salary is set at a monthly or annual salary, the council members are entitled to receive that pay whether or not they attend meetings. On the other hand, it might be possible to set council compensation on a per - meeting basis. It should be noted that this state statute has not yet been interpreted by the courts or the attorney general, d. Fines A system of fines may be an option a statutory city council could use to punish a council member for non-attendance. If a city wants to use this approach, it should adopt an ordinance or rule establishing a system of fines for missing meetings. However, as discussed above, a city cannot diminish a council member's salary for absences that are the result of illness or vacation. e. Temporary replacement of council members Statutory cities have an option to temporarily replace a council member under certain circumstances. A vacancy in the office of mayor or council member may be declared by the council if either of the following occurs: An officeholder is unable to serve in the office or attend council meetings for a 90-day period because of illness. An officeholder refuses to attend council meetings for a 90-day period. If either of these conditions occurs, the council may declare a vacancy to exist and fill it at a regular or special council meeting. The vacancy may be filled for the remainder of the unexpired term or until the person is able to resume duties and attend council meetings, whichever is earlier. When the person is able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder. Horne rule charter cities may use the same procedure described in this statute if their charter is silent on the matter. Meetings of City Councils 35 .4.G. Op. 450-4-11 (11,1th-elf 6, 1957), A.(2 Op. 434,4-2 (July 14. 1955); Also see previous sectiom A,G, Op. 434-A-2 Pray 14, 1955), Afkm, &at. § 609.43. tWirw. Srat. § 351,02. Mi4". .§§ 144.414, sul.ni 144.412. f. Abandonment of office Continued failure to attend council meetings may be grounds for a city council to find that an office has been abandoned and declare that the office is vacant. The attorney general has described abandonment as a form of resignation, and indicated that the officer's intent is a key issue in determining whether there has been an abandonment of the office. Whether an office has actually been abandoned is a question of fact that must be determined on'a case -by -case basis. The attorney general has said that mere absence by itself does not mean that the office has been abandoned. Following a 90-day period, the office may be declared vacant and the officer replaced on a temporary basis. There are no clear guidelines as to how long a council member must be absent in order for the office to be considered permanently vacant. If the city council believes that the absent council member has abandoned the office, it can pass a resolution making this finding. The council should first give the absent council member notice and an opportunity to be heard. A city council that is considering declaring an office vacant due to abandonment should first consult with its city attorney. g. Criminal penalties It is a gross misdemeanor for a public officer to intentionally fail to perform a known mandatory, nondiscretionary, ministerial duty of his or her office. It is arguable that attending council meetings might fall into this category of duties for council members. This type of remedy may be an extreme measure. Conviction may constitute a violation of the council member's oath of office, which would result in the office being vacant. Again, a city council that is considering this remedy should first consult with its city attorney. E. Meeting room 1. Smoking The Minnesota Clean Indoor Air Act prohibits smoking at a public meeting. This law protects employees and the general public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings. 36 League of Minnesota Cities Minn. Scat. § 144.41(. § 144,477. sulk's. 2, 3. Mum Stat. § 144.417, subil. 4. Minn. Swt. § 3614:12, 42 ()AC §§ 12101-12213, A.G. Op. 6.3ct-5 (Dec. 4, 1972). Minn. Stat. §§ 13,03, subil. 1 ; 13.02, pthd. 7; 13D.03, sul)d. 20)7, See Part 111 - D - Exceptions and the procedures to use them, A city must make reasonable efforts to prevent smoking in the public place by posting appropriate signs, by any other appropriate means, and by asking any person who smokes in an area where smoking is prohibited to refrain from smoking, and, if the person does not refrain from smoking after being asked to do so, asking the person to leave. If the person refuses to leave, the city shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser. People who violate this law are guilty of a petty misdemeanor. Additionally, the state commissioner of health, a local health board or any affected party may pursue a court order to enjoin repeated violations. Nothing in the Minnesota Clean Indoor Air Act prohibits a statutory or home rule charter city from adopting and enforcing more restrictive measures to protect individuals from secondhand smoke. 2. Accessibility Both the meeting and the meeting room must be accessible. To ensure accessibility, the meeting should be located in a room that all people, including people with mobility impairments, will be able to reach, Cities may also need to have individuals sign for people with hearing loss and have written materials available in large print, Braille or audio cassette for people with sight impairments. F. Broadcasting and recording of meetings The attorney general has advised that the public may tape record a meeting if it will not have a significantly adverse effect on the order of the meeting or impinge on constitutionally -protected rights, Neither the public body nor any member may prohibit dissemination or broadcast of the tape. A city may tape record or videotape a meeting. The tape is a city record and must be kept in accordance with the city's record -retention policy. As a city record, such a tape must also be made available to the public if it contains public data. If the tape is of a closed meeting, it is generally not available to the public. Tapes of meetings that have been closed to consider labor negotiations under PELRA will become public after all labor contracts are signed for the current budget period. Even though video tapes and sound recordings may indicate verbatim what occurred at a meeting, they are not the official record of the meeting. The approved minutes are the official record of the meeting. Meetings of City Councils 37 Mion. Stat. § ,13D.03, uijcI, 1(0 See Part III - D - Exceptions and the procedures to use them, 42 1210142213, See Part VI - E - Meeting room. All closed meeting, except those closed as permitted by the attorney -client privilege, must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Many cities broadcast their council meetings over cable television. Such broadcasts may need to be closed -captioned or signed in order to be accessible for those with hearing impairments. It is unclear whether this cost should be paid by the city or the cable company. Cities should consult their cable franchise agreements for clarification. 38 League of Minnesota Cities Part VII Table of motions (Note: Also see discussion under Part VI — A. Parliamentary procedure) There are three basic types of motions: privileged motions, subsidiary motions, and main motions. Privileged motions take precedence over subsidiary motions; subsidiary motions take precedence over main motions. The following charts of motions are listed in order of precedence and are based upon Robert's Rules of Order Newly Revised, l0th Edition (2000): Chart A: Privileged motions —A privileged motion is a motion that does not relate to the business at hand Such a motion usually deals with items that require immediate consideration. Can Votes Requires interrupt required Can be Motion a second speaker Debatable Amendable to pass reconsidered Fix a time to adjourn. 1 Majority 1 To adjourn. 1 Majority Recess. (A motion to take ,/ 1 Majority an intermission.) Raise a question of 1 Usually, privilege. (A motion no vote is referring to a matter of taken, personal concern to a The chair member. Examples are decides. asking to have the heat turned up, the windows opened, less noise, or requesting that the motion be stated again.) Call for the orders of the 1 Usually, day. (Forces the no vote is consideration of a taken. postponed motion.) The chair decides. Meetings of City Councils 39 Chart B: Subsidiary motions —A subsidiary motion is a motion that assists the group in disposing of the main motion. ' Motion Can Votes Requires interrupt required Can be a second speaker Debatable Amendable to pass reconsidered Lay on the table. (To 1 Majority postpone discussion temporarily.) Previous question or call 1 2/3 for the question. (To stop debate and force an immediate vote.) Postpone to a definite 1 1 1 Majority time. Commit or refer. (A Majority If group has motion to refer to a smaller not begun committee.) consideration of a question, Amend. 1 1 1 Majority Postpone indefinitely. 1 1 Majority Affirmative vote only Chart C: Main motions-4 main motion is a formal proposal that is made by a member that brings a particular Mattel' before the group for consideration or action. Can Votes Requires interrupt required Can be Motion a second speaker Debatable Amendable to pass reconsidered Any general motion, 1 1 1 Majority resolution, or ordinance. Take from the table. ,/ Majority Reconsider. (To reconsider Majority a motion already passed/defeated.) Appeal or challenge a 1 1 Depends Majority ruling of the chair, Rescind. (A motion to 1 1 1 Varies, Negative vote strike out a previously based on only adopted motion, resolution, motion bylaw, etc.) 40 LEAGUE OF MINNESOTA CITIES Part VIII Model bylaws (Note: Also see discussion under Part VI - Holding Meetings) Resolution No. A RESOLUTION ESTABLISHING RULES FOR THE ORGANIZATION AND PROCEDURE OF THE CITY COUNCIL OF The city council of (name of city) resolves as follows: WHEREAS, the city council of (name of city) has power to regulate its own procedure under Minn, Stat. § 412.191, subd. 2. NOW THEREFORE, the city council of (name of citv) has determined that its rules of organization and procedure are as follows. Section 1. Meetings Subdivision 1. Regular meetings. Regular meetings of the city council shall be held on the (day) of each calendar month at (time) p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. The city clerk shall maintain a schedule of regular meetings. This schedule shall be available for public inspection during regular business hours at the city clerk's office. All meetings, including special emergency meetings, shall be held in the city hall. Comment: Specify the day and time in the blanks, e.g., "the first Tuesday" of each month at "8:00 p.m." In statutory cities, the time and frequency of council meetings is a matter of council discretion, Home rule charter cities may have other requirements in their charters. Subd. 2. Special meetings. The mayor or any two (three, fa seven -member council) members of the council may call a special meeting of the council upon at least 24 hours written notice to each member of the council. This notice shall be delivered personally to each member, or left at the member's usual place of residence with some responsible person. Similar written notice shall be mailed at least three days before the meeting date to those who have requested notice of such special meetings. This request must be in writing and be filed with the city clerk, designating an official address where notice may be mailed. Such request will be valid for one year. Comment: In cities with a five -member council, two members »ray call a special meeting. In cities with a seven -member council, three members may call a special meeting. The procedure specified here conforms to the requirements of the open meeting lcrw. Although the statute permits notice to be mailed to counci members, personal delivery is preferable. Subd. 3. Emergency meetings. The mayor or any two council members (three council members if a seven -member council) may call an emergency meeting when circumstances require the immediate consideration of a matter by the council. Notice may be in writing personally delivered to council members or may be in the form of personal telephone communication. Notice must include the date, time, place, and purpose of such a meeting. Where practical, the clerk shall make an effort to contact news gathering organizations that have filed a request to receive notice of special meetings. Comment: This procedure conforms to the open meeting law. The meeting must be a true emergency and must not be simply a ruse to get around the more stringent notice requirements of special meetings. Posted or published notice is not required, although it is a good idea to post such notice. Meetings of City Councils 43 Subd. 4. Initial meeting. At the first regular council meeting of January of each year, the council shall do the following: 1) Designate the depositories of city funds; 2) Designate the official newspaper; 3) Choose an acting mayor from the council members who shall perform the mayor's duties during the mayor's absence, disability from the city or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies; 4) Appoint necessary officers, employees, and members of boards, commissions, and committees. Comment: In some cities, an organizational meeting is held on the first Monday of January. If this is done, the council may wish to change the language of the first sentence accordingly, It is not really necessary to specify what should be done at an organizational meeting, but if it is included in the rules, it will serve as a rerninder. Home rule charter cities may have additional requirements in their charters. Subd. 5. Public naeetings. Except as otherwise provided in the open meeting law, all council meetings, including special, emergency, and adjourned meetings and meetings of all council committees shall be open to the public. Comment: The open meeting law requires open meetings with very few exceptions. Special care is needed in order not to violate this statute when dealing with employment issues. Section 2. Presiding officer Subdivision 1. Who presides. The presiding officer shall be the mayor. In the absence of the mayor, the acting mayor shall preside. In the absence of both, the clerk shall call the meeting to order and shall preside until the council members present at the meeting choose one of their number to act temporarily as presiding officer. Comment: This provision may need adptationfor a home rule charter city where the mayor is not a member of the council. Subd. 2. Procedure, The presiding officer shall preserve order, enforce the rules of procedure herein prescribed and determine without debate, subject to the final decision of the council on appeal, all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the council shall be conducted in accordance with Robert's Rules of Order, Newly Revised, 10th Edition. Subd. 3. Appeals. Any member may appeal to the council from a ruling of the presiding officer. If the appeal is seconded, the member may speak once solely on the question involved and the presiding officer may explain his or her ruling, but no other council member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present. Comment: This is covered by Robert's Rules, but it may be desirable to cover the matter in council rules so members are aware of the possibility of appeal. A majority or tie vote sustains the decision of the chair. When the presiding officer is a member of the council, he or she can vote on the appeal. Subd. 4. Rights of presiding officer. The presiding officer may make motions, second motions, or speak on any question except that on demand of any council member the presiding officer shall pass the chair to another council member to preside temporarily. Section 3. Minutes Subdivision 1. Who keeps. Minutes of each council meeting shall be kept by the clerk or in the clerk's absence, the deputy clerk. In the absence of both, the presiding officer shall appoint a secretary pro tem. 42 LEAGUE OF MINNESOTA CITIES Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the clerk and can be accurately identified from the description given in the minutes. Comment: In a home rule charter city. the subdivision should conform to any applicable charter provisions. Subd. 2. Approvals. The minutes.of each meeting shall be reduced to typewritten form, shall be signed by the clerk, and,copies shall be delivered to each council member as soon as practicable after the meeting. At the next regular meeting following such delivery, approval of the minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the council. If there is an objection, the council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. Subd. 3. Publication. The clerk shall publish a condensed version of the official minutes within 30 days of a regular or special meeting, which includes a summary of the action on motions, resolutions, ordinances, and other official proceedings. Utile city council does not meet more than once every 30 days, the publication does not need to occur until ten days after the council has approved the minutes. Section 4. Order of business. Subdivision I. Order established. Each meeting of the council shall convene at the time and place, appointed. Council business shall be conducted in the following order: 1) Call to order 2) Roll call 3) Approval of minutes 4) Public bearings 5) Petitions, requests, and communications 6) Ordinances and resolutions 7) Reports of officers, boards, committees 8) Unfinished business 9) New business 10) Miscellaneous 11) Adjournment Comment: The order of business will vary considerablyfrom one place to another. The order set forth here is merely illustrative. In some cities, citizens may address the council at some specified time during the meeting. If this practice is to be followed, an item entitled "Comments and suggestions om citizens present" can be added. Subd. 2. Varying order. The order of business may be varied by the presiding officer, but all public hearings shall be held at the time specified in the notice of the hearing. Subd. 3. Agenda. The clerk shall prepare an agenda of business for each regular council meeting and file a copy in the office of the clerk not later than (number) days before the meeting. The agenda shall be prepared in accordance with the order of business and copies shall be delivered to each council member and to (others) as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the council members present. Comment: In smaller cities, it may not be necessary to prepare a formal agenda for each meeting. However, an agenda does inform the council members and citizens of the matters Meetings of City Councils 43 which will come before the council and also helps to make certain that all business that needs to be transacted will be considered. Preparation of the agenda should follow a definite schedule, so that anyone desiring to submit a matter for council consideration will know when it should be given to the clerk. Deadlines for inclusion of items should allow sufficient time for the clerk to prepare the agenda. Some have suggested.that the clerk.should be allowed one or two working days for this purpose. In some cities, copies of the agenda are also furnished to the city attorney, department heads, the news media, and the public. Subd. 4. Agenda materials. The clerk shall see that at least one copy of printed materials relating to agenda items is available to the public in the meeting room while the council considers their subject matter. The agenda item shall not be considered unless this provision is complied with. This section does not apply to materials that are classified as other than public under the Minnesota Government Data Practices Act or materials from closed meetings. Comment: The open meeting law subjects a council member who intentionally violates this requirement to a civil penalty of up to $300. This provision of the ordinance places responsibility with the city clerk to see that the materials are available when the law requires it. The provision relating to the clerk is optional, there is no such provision in the statute. Section 5. Quorum and voting. Subd. 1. Quorum. At all council meetings a majority of the elected council members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. The council may punish non-attendance by a fine not exceeding $ (dollar amount) for each absence from any meeting unless a reasonable excuse is offered, Comment: This quorum requirement is fixed for statutory cities by Minn. Stat. § 412.191, suhd. 1 and is usually the same in home rule charter cities. The provision that establishes a fine for non- attendance is authorized by the statutory provision empowering the council to punish non- attendance. (Minn. Stat. § 412.)91, subd. 2) Home rule charters usually give the council similar authority. Subd. 2. Voting. The votes of the members on any question may be taken in any manner, which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. If any member is present but does not vote, the minutes, as to that member's name, shall be recorded as an abstention. Comment: The requirement that each vote be recorded on actions taken and on appropriations is taken verbatim from the open meeting law, Minn. Stat. § 13D.01. The last sentence dealing with vote abstentions is optional. Some rules require the member to vote unless excused by a majority (or a supermajority) of the other members. Subd. 3. Votes required. A majority vote of all members of the council shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases. Comment: In statutory cities, state law requires that a majority of all council members approve an ordinance, Minn. Stat. § 412.191, subd 4. Most home rule charters have similar requirements, which sometimes extend to resolutions as well. In home rule charter cities, the last sentence may appropriately begin, "Except as otherwise provided by statute or charter," Section 6. Ordinances, resolutions, motions, petitions, and communications. Subd. 1. Readings. Every ordinance and resolution shall be presented in writing. An ordinance or resolution need not be read in full unless a member of the council requests such a reading. Comment: In statutory cities, the council may pass an ordinance at the same meeting at which it is introduced, but requiring that the ordinance be first brought up at least a week before it is 44 LEAGUE OF MINNESOTA CITIES adopted seems desirable even though a council may still be able to pass a valid ordinance without meeting the two -reading requirenient. Most charters require at least two readings except in emergency ordinances. Subd. 2. Signing and publication proof. Every ordinance and resolution passed by the council shall be signed by the mayor, attested by the clerk, and filed by the clerk in the ordinance or resolution book. Proof of publication of every ordinance shall be attached and filed with the ordinance. Subd. 3. Repeals and amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part thereof shall set forth in full each amended section or subdivision as it will read with the amendment. Subd. 4. Motions, petitions, communications. Every motion shall be stated in full before the presiding officer submits it to a vote and shall be recorded in the minutes. Every petition or other communication addressed to the council shall be in writing and shall be read in full upon presentation to the council unless the council dispenses with the reading. Each petition or other communication shall be recorded in the minutes by title and filed with the minutes in the office of the clerk. Comment: The statutory city code does not define ordinances, resolutions, and motions, nor indicate in most cases where the council should use them, An ordinance should be used for regulatory legislation, including any which includes provisions for a penalty of fine or imprisonment. The local improvement code requires many of the procedural steps to be made by resolution. Otherwise, councils frequently take most administrative action by motion. Proceedings simply in the form of a motion duly adopted and entered in the minutes are frequently held to be equivalent to a resolution and probably this is sufficientfor most administrative acts. Section 7. Committees. Subd. 1. Committees designated. The following committees shall be appointed by the council at the first regular council meeting in January of each year: 1) Auditing committee 2) Personnel committee 3) Purchasing committee 4) Public -reporting committee Comment: This committee structure is illustrative only. In the absence of specific charter provisions, which are rare, the council determines the number and kind of committees, In general, the council should not set up committees on the basis of line functions, e.g., streets, since this is likely to involve them in administrative matters. In some small cities with no administrative staff this may, however, be unavoidable. It is better to have as few standing committees as possible, and set up special committees on particular subjects when necessary. Instead of setting forth the committee structure, some rules provide: "The council nzay create such committees, standing or special, as it deems necessary. Committees shall consist of as many members and perform such duties, as the council may require. In some cities, the council itself appoints the committees, although selection by a group is often difficult. Subd. 2. Referral and reports. Any matter brought before the council for consideration may be referred by the presiding officer to the appropriate committee or to a special committee that the presiding officer appoints for a written report and recommendation before it is considered by the council as a whole. A majority of the members of the committee shall sign the report and file it with the clerk prior to the Meetings of City Councils 45 council meeting at which it is to be submitted. Minority reports may be submitted. Each committee shall act promptly and faithfully on any matter referred to it. Section 8. Suspension or amendment of rules. These rules may be suspended or amended only by a two-thirds vote of the members present and voting. Passed by the city council of (name of city) this Mayor Clerk day of , 20_, 46 LEAGUE OP MINNESOTA CITIES 4 CITY Or LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: REVIEWED BY: DATE: REGULAR ITEM 4: MOTION Resignation and Replacement of Chair Jennifer Pelletier, Beyond The Yellow Ribbon Sharon Lumby, City Clerk Bruce Messelt, City Administrato 6/7/2011 7 SUMMARY AND ACTION REOUESTED: At the Request of Council, this item was added to the Council agenda to discuss the City's plan for the Yellow Ribbon Network and the process to find a replacement for Jennifer Pelletier as Chair of Beyond the Yellow Ribbon. BACKGROUND INFORMATION: Lake Elmo residents Paul Ryberg and Jennifer Pelletier led an effort to bring the Yellow Ribbon Network of Washington to Lake Elmo. They requested City political and logistical support in this effort. On July 21, 2009, the City Council adopted Resolution No.2009-033 supporting the effort of the Yellow Ribbon Network of Washington County to support family members of service personnel during deployment to defend the democratic values of the United States of America. On September 20, 2010, then -Governor Pawlenty joined the Minnesota National Guard in proclaiming the City of Lake Elmo as a Yellow Ribbon City in the State of Mimiesota. STAFF REPORT: City staff has provided logistical support and advice to the Committee and will continue to do so. Currently the City is acting as a fiduciary agent only and there are no budgeted funds in 2011 for financial assistance or staff support. RECOMMENDATION: It is recommended that the City Council discuss replacement of Chair Jennifer Pelletier. It is also recommended that the City Council publically thank Jennifer Pelletier for her service to the community and its armed service members and families. ATTACHMENTS: L Resolution No, 2009-056 2. Proclamation Declaring Yellow Ribbon City -- page 1 -- City Council Meeting Beyond The Yellow Ribbon — Recognitluii and Replacement of Chairperson June 7th, 2011 Regular Agenda Item # 7 SUGGESTED ORDER OF BUSINESS: Introduction of Item ............. ...... ...... ............ . ........... .„ ..... „. City Clerk Council Discussion Mayor Facilitates Action on Motion ..... ....„................................ ...... Mayor & City Council -- page 2 -- CITY OF LAKE ELMO Washington County, Minnesota RESOLUTION NO. 2009-039 RESOLUTION OF SUPPORT FOR THE YELLOW RIBBON NETWORK OF WASHINGTON COUNTY WHEREAS, many families support their military service members who are serving in the United States and overseas to protect the values and freedom enjoyed by citizens of the United States of America; and WHEREAS, the Yellow Ribbon Network of Washington County has been formed to connect local military family members with residents and organizations such as cities, townships, schools, churches, community groups, businesses, and govermnent agencies that can provide assistance and support in various forms to family members including spouses and children; arid WHEREAS, the Yellow Ribbon Network of Washington County will build on the existing strengths of organizations already providing support of service personnel and their families by adding to the community support and awareness for helping spouses and children in ways to lessen their burden while a family member is deployed to protect our country; and WHEREAS, the Yellow Ribbon Network of Washington County encourages communities and residents to work together to support the active duty troops and their families, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elmo acknowledges with grateful appreciation, -respect, and admiration, the sacrifices of military personnel who are leaving home and their loved ones to serve our nation; and BE IT FURTHER RESOLVED, that the City Council fully supports the efforts of the Yellow Ribbon Network of Washington County to support family members of service personnel during deployments to defend the democratic values of the United States of America, Attest: Craig Adopted the City Council this 2Ist day of July, 2009. Dean A, Johnston, Mayor son, Interirn City Administrator WHEREAS: The men and women of our Armed Forces are being called to duty with increasing frequency. In addition to remembering their courageous service, we must not forget the unsung heroes in the war on terror: the spouses and family members whose many sacrifices support the defense of this great nation; and WHEREAS: The spouses and families of our deployed service members bear an enormous burden of concern and support for loved ones in harm's way, while continuing to perform the daily duties needed to sustain their families on the home front; and WHEREAS: Many cities throughout the country display yellow ribbons and flags in support of the brave men and women serving abroad in the United States Armed Forces; and WHEREAS: LAKE ELMO is a Minnesota city that encourages its military members and spouses, giving them peace of mind in knowing they have the appreciation, love, and support of this community; and WHEREAS: The Yellow Ribbon City campaign honors corrimunities with exceptional records of caring for their military members and families through various programs and public works, and recognizes individuals in these communities who have sworn to uphold this standard for future military members and families. It is with this commitment to excellence that LAKE ELMO will. serve with honor and distinction as a Yellow Ribbon City. Now, THEREFORE, I, TIM PAWLENTY, Governor of Minnesota., do herebyjoin the Minnesota National Guard in proclaiming the CITY of LAKE ELMO as, a: YELLOW RIBBON CITY in the State of Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this nth day of September in the year of our Lord two thousand and ten, and of the State the one hundred fifty-second, CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 6/07/2011 REGULAR ITEM: 8 MOTION: Resolution No. 2011-022 Resolution No. 2011-023 Lake Elmo Avenue Infrastructure Project I-94 to 30th Street — Resolution Accepting Bids and Awarding a Contract Jack Griffin, City Engineer Bruce A. Messelt, City Administrator Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving a Resolution, Accepting Bids and Awarding the Contract for the Lake Elmo Avenue Infrastructure Project, 1-94 to 30th Street. Bids were received, publicly opened, and read aloud on April 19, 2011, TKDA has prepared and attached the Bid Tabulation worksheet and a Letter of Recommendation for the Award of the Contract, The City has the right to reject all Bids, to award a contract for the lowest responsive Base Bid, or to award a contract for the lowest responsive Alternate Bid. The City may retain the Bids together with the Bid Securities for no more than 60 days from the date of the Bid Opening (or until June 19, 2011). Should the Council choose to award a contract, the suggested motion is as follows: "Move to approve Resolution No. 2011-022, Accepting Bids and Awarding the Contract for the Lake Elmo Avenue Infrastructure Project, I-94 to 30th Street, to [S.J. Louis Construction Company for the Base Bid in the amount of $2,710,546.001." 01' Move to approve Resolution No. 2011-023, Accepting Bids and Awarding the Contract for the Lake Elmo Avenue Infrastructure Project, 1-94 to 30th Street, to [Burschville Construction Inc. for the Alternate Bid in the amount of $3,676,451.75]." BACKGROUND INFORMATION: At the December 7, 2010, City Council Meeting, Council directed staff to prepare plans and specifications to incorporate a gravity trunk sewer option for all or portions of the corridor between 10th Street and 1-94, and to incorporate these plans as an alternate bid for the Lake Elmo Avenue Infrastructure Project, 1-94 to 30111 Street. Staff was -- page 1 -- City Council Meeting June 7th, 2011 Lake Elmo Avenue Infrastructure Project 1-94 to 30th Street Resolution Accepting Bids and Awarding a Contract Regular Agenda Item if 8 directed to complete the necessary plans and specifications, work with the impacted property owners, and negotiate the necessary easements. The base bid design includes a trunk sanitary sewer forcemain along the entire project corridor, connecting the proposed Village Area Lift Station to the MCES Meter Station (located near Hudson Boulevard and Lake Elmo Avenue). The project plans have been designed with the Village Area Lift Station located near Lisbon Avenue and 30th Street on a site previously presented to the Council as Site No. 3, located outside of and to the east of Reid Park. This trunk infrastructure project is the first step to provide Municipal Sewer Service for the Village Area. Once completed Municipal Sewer Service can be made available to the new Village development with the construction of the Village Parkway Trunk Sewer and/or to the Old Village with the construction of the Lake Elmo Avenue Trunk Gravity Sewer north to TH 5. The alternate bid design is similar to the base bid design, but would construct trunk gravity sewer in lieu of forcemain near the south end of Cimarron to the MCES Meter Station. This trunk sewer plan configuration would eliminate redundant forcemain pipe infrastructure south of 10th Street and would result in lower overall Trunk Sewer Infrastructure System costs. The alignment of the gravity sewer follows the most cost-effective route south of 10th Street. Once this project is completed, Municipal Sewer Service would also be available in the southeast potion of Lake Elmo, in the areas immediately adjacent to the proposed gravity alignment. This item has been continued from the May 3rd City Council meeting and vvas also presented at the May 10th Workshop. STAFF REPORT: Bids were received on April 19, 2011. The contract documents allow the City to retain these bids together with their Bid security for a period of 60 days (June 19, 2011), before the City must either award the project or reject all bids. If the project is awarded at the May 3" City Council Meeting, construction work would begin June 2011, The Contract substantial completion deadline is November 15, 2011 and the Contract final completion deadline is December 15, 2011. The Engineer's preliminary estimate of total project cost for the Base Bid design was $3.8 million and the Post Bid estimated total project cost is now $3.65 million, after receiving contactor bids. For the Alternate Bid design, the Engineer's preliminary estimate of total project cost was $5.2 million and the Post Bid estimated total project cost is now S4,85 million, after receiving contractor bids. These costs do not include easement acquisition costs for the easements south of 10th street, should any compensation be required for these easements. In order to award a contract for the Alternate Bid, it is recommended that the City receive assurance that the permanent and temporary utility easements can be successfully acquired in a timely manner such that contractor delays are not incurred. Permanent and temporary utility easements are required from nine separate parcels under the ownership of six property owners, -- page 2 -- City Council Meeting, June 7th, 2011 Lake Elmo Avenue Infrastructure Project 1-94 to 30th Street Resolution Accepting Bids and Awarding a Contract Regular Agenda Item # 8 Easement agreements have been prepared and sent to each of these property owners requesting the dedication of the easements at no cost to the City. The status of each of these easements will be reported to the Council at the meeting in the Staff report, RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council consider approving a Resolution Accepting Bids and Awarding the Contract for the Lake Elmo Avenue Infrastructure Project, 1-94 to 30th Street for either the Base Bid, or the Alternate Bid, or the Council may consider rejecting all bids, or tabling action on this itern until a future Special Council Meeting no later than June 19, 2011. Should the Council choose to award a contract, the suggested motion is as follows: "Move to approve Resolution No. 2011-022, Accepting Bids and Awarding the Contract for the Lake Elmo Avenue Infrastructure Project, 1-94 to 30th Street, to [S.J. Louis Construction Company for the Base BM in the amount of $2,710,546.00]." or Move to approve Resolution No. 2011-023, Accepting Bids and Awarding the Contract for the Lake Elmo Avenue Infrastructure Project, 1-94 to 30th Street, to [Burschville Construction Inc. for the Alternate Bid in the amount of $3,676,451.75]." ATTACHMENTS: (4) 1, Resolution No, 2011-022 2, Resolution No. 2011-023 3, Engineers Letter of Recommendation for Award of Contract 4. Project Location Map SUGGESTED ORDER OF BUSINESS: Introduction of Item ....... ..... ............. ..........,... .......... ..... City Administrator ..... ....... ..... ........... „. ..... .... City Engineer Questions from Council to Staff ..... . ...... Mayor & City Council Public Input, if Appropriate ......... ,.......,.... ............. ,..,.Mayor Facilitates Call for Motion . ..... ........ , ..... ,.,...,, ...... ,...... ........ Mayor & City Council Discussion ......... ,....,..., ..... ,........... ....... ..,........., ........... „.....„....Mayor Facilitates Action on Motion......... ....... ......... ......... ....... ,.. Mayor & City Council -- page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2011-021 A RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE LAKE ELMO AVENUE INFRASTRUCTURE PROJECT, 1-94 TO 30TH STREET BASE BID AWARD WHEREAS, pursuant to resolutions passed by the council, TKDA was directed to prepare plans and specifications for the Lake Elmo Avenue Infrastructure Project 1-94 to 301/1 Street; and to complete (he design for an alternate bid option to include gravity sewer for portions of the corridor between 101h Street and 1-94; WHEREAS, TKDA has completed the plans and specifications and the City Council approved them on March 15, 2011, and directed staff to advertise and receive bids; WHEREAS, pursuant to an advertisement for bids for the Lake Elmo Avenue Infrastructure Project I-94 to 30th Street, bids were received, opened and tabulated according to law, and bids were received complying with the advertisement; WHEREAS, bids were tabulated, checked and summarized to verify that all requirements of the submittals were met; AND WHEREAS, the City Engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsive bidder; NOW, THEREFORE, BE IT RESOLVED, 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the ALTERNATE BID Project, in the amount of the Contracor's lowest responsible bid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed Resolution No. 2011-021 Date: May 17, 2011 CITY OF LAKE ELMO By: Dean A. Johnston, Mayor ATTEST: Bruce A. Messelt City Administrator Resolution No. 2011-021 2 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2011-022 A RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE LAKE ELMO AVENUE INFRASTRUCTURE PROJECT, 1-94 TO 30TH STREET BASE BID AWARD WHEREAS, pursuant to resolutions passed by the council, TKDA was directed to prepare plans and specifications for the Lake Elmo Avenue Infrastructure Project 1-94 to 301 Street, and to complete the design for an alternate bid option to include gravity sewer for portions of the corridor between 10th Street and 1-94; WHEREAS, TKDA has completed the plans and specz ications and the City Council approved them on March 15, 2011, and directed staff to advertise and receive bids; WHEREAS, pursuant to an advertisement for bids for the Lake Elmo Avenue Infrastructure Project 1-94 to 30th Street, bids were received, opened and tabulated according to law, and bids were received complying with the advertisement; WHEREAS, bids were tabulated, checked and swnmarized to verify that all requirements of the submittals were met; AND WHEREAS, the City Engineer reviewed the bids and has provided a letter recommending the award of the contract to the lowest responsive bidder, NOW, THEREFORE, BE IT RESOLI/ED, I. That the Mayor and City Clerk are hereby authorized and directed to enter into a Contract in the accordance with the BASE BID Project, in the amount of the Contractor's lowest responsible hid, and according to the plans and specifications thereof approved by the City Council. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Resolution No. 2011-022 Date: May 17, 2011 CITY OF LAKE ELMO ATTEST: Bruce A. Messelt City Administrator By: Resolution No. 2011-022 2 Dean A. Johnston, Mayor TKDA Pbe right Lim. The right peoplE. The right aompanyt May 3, 2011 Honorable Mayor and City ouncil City of Lake Elrno, Minnesota Re: Lake Elmo Avenue Infrastructure Improvements, 1-94 to 30th Street City of Lake Elmo, Mirmesota TKDA Project No. 13857.000 Dear Mayor and City Council: 444 Cedar Strout, Sub 1500 Saint Paul, MN 55101-2140 (951)292-4400 (051)292-0083 Fax www.tkda,cam Bids for the referenced project were received on April 19, 2011, at 10:00 a.m. with the following results. A complete Tabulation of Bids is attached for your information. Contractor SJ Louis Construction Co. Geislinger & Sons Minger Construction, Inc. LaTour Construction, Inc. Ellingson Drainage Burschville Construction, Inc. GM Construction, Inc. Duininek, Inc. Veit & Company, Inc. Engineer's Estimate BASE BID $2,710,546,00 32,753,894.00 $2,805,181.00 $2,824,261.80 $2,830,599.00 $2,880,318.00 $2,910,780.00 $2,982,096.30 $3,138,885.00 $2,710,904.92 Contractor ALTERNATE BID Burschville Construction, Inc. $3,676,451.75 SJ Louis Construction Co. $3,684,907.45 Geislinger & Sons $3,688,623.75 LaTour Construction, Inc. $3,690,230.30 Minger Construction, Inc. $3,739,035.60 Duininck, Inc. $3,950,790.94 Veit & Company, Inc. $3,964,110.50 Ellingson Drainage $3,973,792.50 GM Construction, Inc. $4,452,074.78 Engineer's Estimate $3,808,552.12 An Frnpioyee Owned Company Promoting Affirmative Action and Equal Opportunity Lake Elmo Avenue Infrastructure Improvements -94 to 30 May 3, 2011 Page 2 Recommendation Should the City Council decide to award the BASE BID (forcemain only) improvements, the recommended lowest responsive and responsible bidder is SJ Louis Construction Co,, for their base bid of $2,710,546.00. Should the City Council decide to award the ALTERNATE BID (forcemain and gravity sewer south of 10th Street), the recommended lowest responsive and responsible bidder is Burschville Construction, Inc., for their alternate bid of $3,676,451,75. Respec Ryan W. Stithipski, Project Manager Enclosures cc: Bruce Messelt, City Administrator Tom Bouthilet, Finance Director Jack W. Griffin, City Engineer TABULATION OF BASE BIDS LAKE ELMO AVENUE INFRASTRUCTURE IMPROVEMENTS -194 TO 30TH STREET CITY OF LAKE ELMO. MINNESOTA TKOA PROJECT NO. 13857.000 BIDS OPENED: APR[L 19, 2011, AT 10:00 AM 'DENOTES ERROR IN BIDDERS CALCULATION ITEM NO. DESCRIPTION BASE BID GENERAL 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 ROCK CONSTRUCTION ENTRANCE 5 WATER FOR DUST CONTROL 6 CLEAR & GRUB TREE 7 DITCH CHECKS 8 INLET PROTECTION 9 HYDRO MULCH W! SEED & FERTILIZER 10 EROSION CONTROL BLANKET (WOOD FIBER) 11 TOPSOIL BORROW 12 MODULAR BLOCK RETAINING WALL SUBTOTAL DIVISION 1 - GENERAL DIVISION 2 - SANITARY SEWER 1 _LIFT STATION -STRUCTURE, VALVE MH, & PIPING 2 LIFT STATION - PUMPS AND ACCESSORIES 3 LIFT STATION -ELECTRICAL AND CONTROLS 4 GENERATOR 5 CHEMICAL FEED SYSTEM 6 15" HOPE FORCEMAIN, INSTALLED BY HDD 7 16" HOPE FORCEMAIN, INSTALLED BY OPEN CUT 6 18' PVC, PS45 SANITARY SEWER (0'-10' DEPTH) 9 18" PVC, PS46 SANITARY SEWER (10'-12' DEPTH) 10 IF PVC, PS46 SANITARY SEWER (12'-14' DEPTH) 11 18- PVC, P546 SANITARY SEWER (14%16' DEPTH) 12 118" PVC, PS46 SANITARY SEWER (16-18' DEPTH) 13 18" PVC. PS46 SANITARY SEWER (1 B'-25' DEPTH) 14 '45" DIAMETER SAN. MANHOLE. TYPE 3D1 (0-10' DEPTH( 15 48^ DIAMETER SAN. MANHOLE, EXTRA DEPTH (>10' DEPTH) 16 72" CLEANOUT MANHOLE 17 72" AIR RELEASE MANHOLE . 10 EXTERNAL MANHOLE DROP 19 18' RES. SEAT GATE VALVE & BOX 20 TRENCH STABILIZATION ROCK 21 TELEVISING 22 4" POLYSTYRENE INSUALTION 23 HORIZONTAL DIRECTIONAL DRILLING BORE PITS SUBTOTAL DIVISION 2 - SANITARY SEWER (DIVISION 3 - WATERMAIN 1 18" X 6- WET TAP (INCLUDE SLEEVE AND VALVE) 2 6" DIP, CL 52 WATERMAIN 3 B' RES.SEAT GATE VALVE & BOX 4 6" HYDRANT ASSEMBLY (8'-6" BURY) SUBTOTAL DIVISION 3 - WATERMAIN 2 3 4 5 6 7 8 9 10 11 ICL. 5 AGGREGATE BASE, SHOULDER 12 IOFF ROAD STRUCTURE MARKER SUBTOTAL DIVISION 4- STREETS & RE5T0RATION DIVISION 4 - STREETS & RESTORATION SAWCUT BITUMINOUS PAVEMENT SALVAGE & REINSTALL SIGN REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT, STREETS REMOVE & DISPOSE OF EXIST. CONCRETE CURB & GUTTER GRANULAR BORROW (P) CL. 5 AGGREGATE BASE 2360 TYPE LV 3 BITUMINOUS NUN -WEARING COURSE. STREETS 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, STREETS BITUMINOUS MATERIAL FOR TACK COAT D412 CONCRETE CURB & GUTTER TOTAL FOR BASE BID TSDA >7.m m.sa.m�r^wmv.a�m-.a ^DENOTES ERROR IN BIDDERS CALCULATION ENGINEER'S ESTIMATE S J Louis Construction Co Geislinger and Sons Inc. Minger Construction Inc UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 LS $ 111,300.00 $ 111,300.00 $ 35.000.00 $ 35,000.00 I I $ 90,000.00 $ 90,000.00 $ 29,840.00 5 1 LS $ 68,000.00 $ 56,000.00 $ 22,000.00 $ 22,000.00 $ 8,000.00 $ 8,000.00 $ 12,430.00 3 1806 LE $ 2.50 $ 4,770.00 S 1.50 $ 2,862.00 $ 2.00 $ 3,816.00 $ 1.10 $ 1 EA $ 500.00 $ 500.00 $ 3,000.00 $ 3,000.00 $ 850.00 $ 850.00 $ 830.00 $ 100 MGAL 5 30.00 $ 3,000.00 $ 170.00 $ 17,000.00 $ 25.00 $ 2,500.00 $ 28.00 $ 21 EA $ 250.00 $ 5,250.00 $ 250.00 S 525a.0a $ 250.00 $ 5,250.00 $ 380.00 $ 65 LF 3 5.00 $ 325.00 $ 3.50u $ 225T.50 $ 150.9a $ 9,750.00 $ 1420 $ 2 EA $ 300.00 5 600.00 $ 85.00 $ 170.00 $ 250.00 $ 500.00 $ 114.00 $ 2.28 AC S 2,500.00 S 5,700.00 $ 1,350.00 $ 3,078.00 $ 1,950.00 $ 4,440.00 $ 1,290.00 $ 550 SY $ 1,50 $ 825.00 $ 1.15 $ 63250 $ 2.00 $ 1,100_00 $ 1,10 $ 500 CY $ 16.00 $ 8,000.00 I $ 18.50 $ 9,250.00 $ 22.00 $ 11,000,00 $ 19.30 $ 60 SF $ 40_00 $ 2,400.00 $ 40.00 $ 2,400.00 $ 250.00 $ 15,000.00 $ 38.30 $ $ 198.670.00 $ 100,870.00 $ 152,212.00 $ 1 LS $ 200,000.00 $ 200,000.00 $ 113,000.00 $ 113,000.00 $ 171,000_00 $ 171,000.00 $ 185,000.00 $ 1 LS $ 90,000.00 $ 90,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 43,545.00 $ 1 LS I $ 70,000.00 $ 70,000.00 $ 87,000.00 $ 87.000.00 $ 120,000.00 $ 120,000.00 $ 104,000.00 $ 1 LS $ 75,000,00 : $ 75,000.00 $ 43,750.00 $ 43,750.00 $ 54,000.00 $ 54,000.00 $ 52,170.00 $ 1 LS $ 80,000.00 , $ 50,000.00 $ 155,000.00 $ 155,000.00 $ 165,000.00 $ 165,000.00 $ 137,715.00 $ 16680 61' $ 80.00 $ 1,334,400.00 $ 93.00 $ 1,551,240.00 $ 88.00 $ 1,467,640.00 $ 91.35 $ 438 LF $ 45.00 $ 19,710.00 $ 81,00 $ 26.718.00 $ 49.00 $ 21,482,00 $ 61.70 I $ 353 LF $ 40.00 $ 14,120.00 $ 61.00 $ 21,533.00 $ 50.00 3 17,650.00 $ 45.20 $ 541 LF $ 42.00 $ 22,722-00 $ 86.00 $ 35,706.00 $ 50.00 $ 27,050.00 $ 4520 $ 504 LF $ 44.00 $ 22,176.00 $ 7250 $ 36,540.00 $ 50.00 $ 25200.00 $ 4520 $ 299 LF $ 46.00 '5 13,754.00 $ 80.00 $ 23,920.00 $ 50.00 $ 14,950.00 $ 45.20 $ 21 LF $ 48.00 $ 1,008.00 $ 65.00 $ 1,765.00 $ 60.00 $ 1,260.00 $ 4520 $ 12 LF $ 55.00 $ 660.00 $ 90.00 $ 1,080.00 $ 60.00 $ 720.00 $ 4520 $ 9 EA $ 2,500.00 $ 22,500.00 $ 3,200.00 $ 28,800.00 $ 2,300.00 $ 20,700.00 $ 2,460.00 $ 28 LF $ 150.00 $ 4,200.00 $ 89.00 $ 2.492.00 $ 100.00 $ 2,800.00 $ 125.45 $ 6 EA 3 8,000.00 $ 40,000.00 $ 10,000.00 $ 50,000.00 $ 8,850.00 [ $ 44,250.00 $ 18,100.00 $ 4 EA $ 0,000.00 $ 32,000.00 $ 9,500.00 $ 38,000.00 $ 11,500.00 $ 46,000.00 $ 19,200.00 $ 1 EA $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 3.000_00 $ 4,100.00 $ 4,100.00 $ 6,595.00 $ 18 EA $ 4,000_00 5 72,000.00 $ 8,250.00 $ 148,500.00 $ 7,000.00 $ 125,000.00 $ 6,095.00 $ 150 LF $ 9.00 $ 1,350.00 $ 45.00 $ 8,750.00 $ 6.00 $ 900.00 $ 15.70 $ 1730 LF $ 1-00 $ 1,730.00 $ 2.50 $ 4,325.00 I I $ 1.50 $ 2,595_00 $ 1.10 $ 7 SY $ 8.00 $ 56.00 $ 30.00 $ 210.00 I $ 40.00 $ 280.00 $ 32_30 I $ 1 LS $ 125.000.00 $ 125,004.00 $ 100,000.00 $ 100,000.00 I$ 130,000.00 $ 130,000.00 $ 175,765.00 $ 2,243,586.0o $ 2,529,349.00 $ 2,513,757.00 $ 2,640,875.30 ( I 1 EA S 2,000.00 $ 2000.00 $ 2,500.00 $ 2.500.00 $ 4.200.00 $ 4,200.00 $ 3,280.00 $ 3,280.00 382 LF S 38.00 $ 14,516.00 $ 25.00 $ 9,550.00 $ 36.00 ' $ 13,752.00 1 $ 3325 $ 12,701.50 1 EA $ 1,200.00 $ 1,200.00 $ 1,250_00 $ 1,250.00 $ 1,100.00 ' $ 1,100.00 $ 1,215.00 $ 1,215_00 1 EA $ 3,000.00 $ 3,000.00 $ 3,250.00 $ 3250_00 $ 3,600.00 $ 3,600.00 $ 3,995.00 $ 3,995.00 $ 20,715.00 $ 16,550.00 $ 22,652.00 5 21.191,50 29,840.00 1z430.00 z098.80 830.00 2,800.00 7,980.00 923.00 228.00 2,94120 605.00 9.650.00 2298.00 72,624.00 185,000.00 I 43,545.00 104,000.00 52,17a.00 137,715.00 1,523.718.00 I 27,024.60 15,955.60 24,45320 22,780.80 13,514.80 94920 542.40 22,140.00 3,512.6a 90.500.00 76.800.00 6,595_00 109,710.00 2,355.00 1,903.00 226.10 $ 175,765.00 I 1340 LF $ 5.00 $ 6,700.00 $ 1.75 $ 2,345.00 $ 3.00 I $ 4,020.00 $ 3.55 $ 4,757.00 2 EA $ 100.00 S 200.00 $ 100.00 $ 200.00 : $ 150.00 IS 300.00 $ 164.30 $ _ 326.60 750 SY $ 2.00 $ 1,500.00 $ 5.00 $ 3,750.00 ' $ 3.00 I $ 2,250.00 $ 9.55 $ 7,162.50 20 LF $ 5.00 $ 100.00 $ 7.00 $ 140.00 $ 5.00 $ 100.00 $ 15.50 $ _ _ 310.00 350 CY $ 12.00 5 4,200_00 $ 9.50 $ 3,325.00 $ 16.00 $ 5,600.00 $ 1.00 $ 350.00 1270 TN $ 18.00 $ 22,860.00 $ 13.00 $ 16,510.00 $ 14.00 $ 17,780.00 $ 15.70 $ 19,939.0a 251 TN $ 62.00 $ 15,562_00 S 70.00 $ 17,570.001 $ 61.00 $ 15,311.00 $ 66.15 $ 16,603.65 210 TN $ 65.00 $ 12,650.00 . $ 80.00 $ 16,800.00 1 $ 70.00 $ 14,700.00 1 $ 75.70 $ 104 GA $ 3.00 $ 312.00 S 3.00 $ 312.00 I $ 3.00 I $ 312.00 $ 3.30 $ 20 LF $ 15.00 $ 300.00 $ 25,00 $ 500.00 $ 25.00 IS 500.00 $ 49.30 $ 95 TN $ 20.00 $ 1,200.00 $ 15.00 $ 1,425.00 $ 20.00 $ 1,900.00 $ 28.35 $ 20 EA $ 150.00 $ 3,000.00 $ 45.00 $ 900.00 $ 125.00 $ 2.500.00 $ 56.00 $ $ 70,284.00 $ 63,777.00 $ 65,273.00 $ $ 2,710,904.92 1 $ 2,710,540.00 $ 2,753,894.00 15,897.00 343.20 988.00 2,69325 1,120.00 70,490.20 $ 2,805,181.00 P, r,. 1 TABULATION OF BASE BIDS LAKE ELMO AVENUE INFRASTRUCTURE IMPROVEMENTS - 194 TO 30TH STREET CITY OF CAKE ELMO, MINNESOTA TKDA PROJECT NO. 13857.000 BIDS OPENED: APRIL 19, 2011, AT 10:00 AM 'DENOTES ERROR IN BIDDERS CALCULATION ITEM NO_ DESCRIPTION BASE BID GENERAL 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 ROCK CONSTRUCTION ENTRANCE 5 WATER FOR DUST CONTROL 6 CLEAR & GRUB TREE 7 DITCH CHECKS 8 INLET PROTECTION 9 HYDRO MULCH W( SEED & FERTILIZER 10 EROSION CONTROL BLANKET (WOOD FIBER) 11 TOPSOIL BORROW 12 MODULAR BLOCK RETAINING WALL SUBTOTAL DIVISION 1 - GENERAL IDIVISION 2 - SANITARY SEWER I 1 LIFT STATION - STRUCTURE, VALVE MH, & PIPING 2 .LIFT STATION - PUMPS AND ACCESSORIES 3 LIFT STATION - ELECTRICAL AND CONTROLS 4 GENERATOR 5 'CHEMICAL FEED SYSTEM 6 16- HOPE FORCEMAIN, INSTALLED BY HDD 7 16" HOPE FORCEMAIN, INSTALLED BY OPEN CUT B 18" PVC, P546 SANITARY SEWER (0'-10' DEPTH) 9 18" PVC, PS46 SANITARY SEWER (10'-12' DEPTH) 10 18" PVC, PS46 SANITARY SEWER (12'-14' DEPTH) 11 18" PVC, P546 SANITARY SEWER (14'-18' DEPTH) 12 13 14 15 18" PVC. PS46 SANITARY SEWER (16'-18' fEPTH) 18" PVC. P546 SANITARY SEWER (18'-25' DEPTH) 48" DIAMETER SAN. MANHOLE, TYPE 301 (0'-10' DEPTH) 48' DIAMETER SAN. MANHOLE, EXTRA DEPTH (>10' DEPTH) 16 72' CLEANOUT MANHOLE 17 72" AIR RELEASE MANHOLE 18 EXTERNAL MANHOLE DROP 19 16" RES. SEAT GATE VALVE & BOX 20 TRENCH STABILIZATION ROCK 21 TELEVISING 22 4" POLYSTYRENE INSUALTION 23 HORIZONTAL DIRECTIONAL DRILLING BORE PITS SUBTOTAL DIVISION 2 - SANITARY SEWER DIVISION 3- WATERNIAIN 1 8" X 6" WET TAP (INCLUDE SLEEVE AND VALVE)_ 2 8' DIP, CL_ 52 WATERMAIN 3 6" RES.SEAT GATE VALVE & BOX 4 6" HYDRANT ASSEMBLY (8'-6" BURY) SUBTOTAL DIVISION 3 - WATERMAIN DIVISION 4-STREETS & RESTORATION 1 SAWCUT BITUMINOUS PAVEMENT 2 SALVAGE & REINSTALL SIGN 3 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT, STREETS 4 REMOVE & DISPOSE OF EXIST_ CONCRI-1 E CURB & GUTTER 5 GRANULAR BORROW (P1 6 CL. 5 AGGREGATE BASE 7 2300 TYPE LV 3 BITUMINOUS NON -WEARING COURSE, STREETS 8 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, STREETS 9 BITUMINOUS MATERIAL FOR TACK COAT 10 0412 CONCRETE CURB & GUTTER 11 CL 5 AGGREGATE SASE, SHOULDER 12 ,OFF ROAD STRUCTURE MARKER SUBTOTAL DIVISION 4-STREETS & RESTORATION TOTAL FOR BASE BID QUANTITY 1 1 1908 1 100 21 65 2 2.28 550 500 60 1 1 1 1 1 18680 438 353 541 504 299 21 12 9 28 5 4 1 18 150 1730 7 1 1340 2 750 20 350 1270 251 210 104 20 95 20 UNIT LS LS LF EA MGAL EA EA AC SY CY SF LS LS LS LS LS LF LF LF LF LF LF LF LF EA LF EA EA EA EA LF LF SY LS EA LF EA EA LF EA SY LF CY TN TN TN GA LF TN EA LaTour Construction Inc. UNIT TOTAL PRICE AMOUNT $ 73.000.00 $ $ 32,000.00 $ $ 1.05 $ $ 870.00 $ $ 43.00 $ $ 365.00 $ $ 3.20 $ $ 150.00 $ $ 1,240.00 $ $ 1.05'$ $ 19.50,5 $ 32.00'$ 160,000.00 $ 42,000.00 $ 109,000.00 $ 37,400.00 $ 162,000.00 $ 98.00 $ 67.00 $ 48.50 $ 52,60 $ 57.00 $ 6120 $ 65.50 $ 70.00 $ 2,370.00 $ 60,00 $ 11,700.00 $ 13,100.00 $ 7,285.00 $ 7,300.00 $ 8.50 5 1.60 $ 47.00 $ 53,000.00 $ 73.000.00 32,000.00 2,003.40 870.00 4,300.00 7,665.00 208.00 300.00 2,827.20 577.50 9,750.00 1,920.00 135,421.10 Ellingson Drainage, Inc. UNIT TOTAL PRICE AMOUNT 55,000.00 52,450.00 2.00 2,000.00 19.00 135.00 5.00 310.00 2,050.00 1.30 22.00 32.00 $ 55,000.00 $ 52,450.00 $ 3,816.00 $ 2,000.00 $ 1,900.00 $ 2,835.00 $ 325.00 $ 620.00 $ 4,674.00 $ 715.00 5 11,000.00 S 1,920.00 $ 137,255_00 160,000.00 $ 1205,000.00 $ 42,000.00 $ 10,000.00 $ 109,000,00 $ 1108,000.00 $ 37.400.00 $ 44,000.00 $ 162,000.00 $ :166,000,00 $ 1,634,840,00 $ 83.50 $ 29,346,00 $ ! 59.65 $ 17,120.50 $ 41.20 $ 28,456.60 $ 41.20 $ 28,726,00 $ 4120 $ 18,298,80 $ 42.50 $ 1,375.50 $ 45.50 $ 840,00 $ 92.00 $ 21,330.00 $ 2,650.00 $ 2,240.00 $ 165.00 $ 58,500.00 $ 19,500.03 $ 52,400.00 5 19,500.00 5 7,285.00 $ 4,550.00 $ 131,400.00 $ 8,635-00 $ 1,275.00 $ 11.65 $ 2,768,00 $ 1.15 $ 329.00 $ 26.40 $ 53,000.00 '$ 12113,000.00 $ 2,599,732.40 $ 3,100.00 $ 3,100,00 27-00 $ 10,314.00 1,375.00 $ 1,375,00 3,585.00 $ 3585.00 $ 18,374.00 3.20 90.00 320 5-50 17.00 16.00 63.50 73.00 320 28.00 39.00 81.00 $ 4,288.00 5 180.00 $ 2,400,00 $ 110.00 $ 5,950.00 $ 20,320.00 $ 15,938,50 $ 15,330.00 $ 332.80 $ 580.00 $ 3,705.00 $ 1,620.00 $ 70,734,30 2,640_00 30.00 1,325.00 3,600,00 2.85 90.00 4.00 8.00 14.75 11.50 63.65 73.00 3.00 42.50 22.75 41.00 205,000.00 40,000.00 108,000.00 44,000.00 166,000.00 1,392,780,00 26,126.70 14,543.60 22289.20 20,764.00 12,707-60 955.50 1.104,00 25,650.00 4,620.00 82,500.00 76,000.00 4,550.00 155,430.00 1,747.50 1,969.50 184,80 203,000.00 2,611,943.10 $ 2,640.00 $ 11,460.00 $ 1,325.00 $ 3,600.00 $ 19,02_5-00 S 3,519.00 $ 180.00 $ 3,000.00 $ 160.00 $ 5,182.50 $ 14,605.00 $ 15,976.15 $ 15,330.00 $ 312.00 $ 850.00 $ 2,161.25 $ 820A0 $ 62,375.90 $ 2,824,261.80 $ 2,830,599.00 $ 94.00 5 2,900.00 $ 100.00 $ 12,000.00 $ 15,000.00 $ 6,000.00 $ 8,400.00 $ 6.50 $ 1.50 5 39.00 $ 180,000.00 TKDA laa,naaa,e,=aaaovel ma,a.a„eelevei mpmm...m=ca .m„ee.eeeTea, 'DENOTES ERROR IN BIDDERS CALCULATION Burscltville Conswction Co UNIT TOTAL PRICE AMOUNT 75,000.00 I $ 75,000.00 12,000.00 $ 12,000.00 1,10 $ 2,098,801 1,000.00 $ 1,000.00 50.00 s 5,000.00 365.00 $ 7,665.00 3,30 1 $ 214.50 250.00 ` 5 500.00 1,300_00 $ 2,964.00 1.10 $ 605.00 15.00 $ 7,500-.00 40.00 $ 2,400,00 $ 116,947.30 150,000.00 15 150,000.00 42,500.00 5 42,500.00 97,500.00 IS 97,500.00 38,000.00 $ 38,000,00 155,000.00 I $ 155,000.00 97.00 $ 1,617,960.00 53.00 $ 23214.00 39.50 $ 13,943.50 40.50 $ 21,910.50 41.50 $ 20.916.00 42.50 $ 12,707.50 54,00 $ 1,134.00 $ 1,128,00 $ 26,100.00 $ 2,800.00 $ 60,000.00 $ 60,000.00 $ 6,000.00 $ 151,200,00 $ 975.00 $ 2,595.00 $ 273.00 $ 180,000.00 $ 2685,856.50 $ 2.950.00 $ $ 22,50 $ $ 1,050.00 $ $ 3,350.00 $ 2.50 165.00 5.00 5.00 11,50 11.00 64,00 72.70 3.30 45.00 26.00 50.00 $ 2,950.00 8,595.00 1,050.00 3,350.00 I 15,945.00 1 $ 3,350.00I $ 330.00 $ 3,750.00 $ 100.00 $ 4,025.00 $ 13,970.00 $ 16,064.00 5 15267.00 $ 343.20 $ 900.00 $ 2,470,001 $ 1,000.00I $ 61,569201 GM Contracting UNIT TOTAL PRICE AMOUNT 35,00100 $ 20,078.66 $ 1,03 $ 971.97 $ 133.78 $ 358.44 $ 3.09 $ 158,47 $ 1,215.40 $ 1.20 $ 33.83 5 39.14 S 35,000.00 20,078.66 1,965.24 971.97 13,376-00 7,527.24 200.65 31294 2,771.11 660.00 16,915,00 2,348,40 $ 102.129.41 $ 295,481.48 $ $ 46,620.55 $ $ 132,143.68 $ $ 43,463.95 $ 191,174.93 $ 96.32 $ 52_76 $ 59-45 $ 59.45 5 59.45 $ 59.45I$ $ 59.45 1$ $ 59.45 $ $ 328329 - $ $ 169,72 $ $ 10,762.37 5 11,898.03 $ 5,198,52 $ 7,045,60 $ 5.15 5 0,90 $ 81.32 $ 20,000.00 295,481.48 46,620.55 132,143,86 $ 43,463.95 $ 191,174.93 $ 1.506,617,60 i $ 23,106.80 $ 20,985.65 #( $ 32,162.45 $ 29,962.80 17,775.55 1,248.45 713.40 29,549.61 4,752.16 $ 53, 811.85 $ 47,592.12 I $ 5,196.52 I $ 126,820,80 I $ 772.50 $ 1,557.00 $ 569.24 I $ 20,000.00 I $ 2,732,081.57 $ 1,793.34 $ $ 27,90 $ $ 1,562.73 $ $ 3,664,53 $ $ 3.47 67.55 3.12 7.54 12.50 10,30 62.21 71.17 3.09 49.44 15.21 40,17 1,793.34 10,657.80 1,562-73 3,664.53 17,6713.40 $ 4,649.80 $ 175,10 $ 2,340,00 $ 150.80 $ 4,375.00 $ 13,081,00 $ 15,614,71 $ 14,945.70 $ 321,38 $ 988.80 $ 1,444,95 $ 803.40 $ 58,890,62 S 2,880,318.00 ' $ 2,910,7130.00 Pa3A 9 TABULATION OF BASE BIDS 12 OFF ROAD STRUCTURE MARKER SUBTOTAL DIVISION 4 - STREETS & RESTORATION TOTAL FOR BASE BID 20 TRENCH STABILIZATION ROCK 21 TELEVISING 22 4" POLYSTYRENE INSUALTION 23 HORIZONTAL DIRECTIONAL DRILLING BORE PITS SUBTOTAL DMSION 2 - SANITARY SEWER DIVISION 3 - WATERMAIN 1 8" X 6" WET TAP (INCLUDE SLEEVE AND VALVE) 2 6" DIP, CL. 52 WATERMAIN 3 6" RES.SEAT GATE VALVE & BOX 4 6" HYDRANT ASSEMBLY (8'-6" BURY) SUBTOTAL DIVISION 3 -WATERMAIN LAKE ELMO AVENUE INFRASTRUCTURE IMPROVEMENTS - 194 TO 30TH STREET CITY OF LAKE ELMO, MINNESOTA TKOA PROJECT NO. 13857.000 BIDS OPENED: APRIL 19, 2011, AT 10:00 AM 'DENOTES ERROR IN BIDDERS CALCULATION ITEM NO. DESCRIPTION I BASE BID GENERAL 1 MOBILIZATION 2 TRAFFIC CONTROL 3 SILT FENCE 4 ROCK CONSTRUCTION ENTRANCE 5 WATER FOR DUST CONTROL 6 CLEAR & GRUB TREE 7 DITCH CHECKS 8 INLET PROTECTION 9 HYDRO MULCH WI SEED & FERTILIZER 10 EROSION CONTROL BLANKET (WOOD FIBER) 11 TOPSOILBORROW 12 MODULAR BLOCK RETAINING WALL SUB , OTAL DIVISION 1 - GENERAL *DENOTES ERROR IN BIDDERS CALCULATION Duininck, Inc. Veit & Companies UNIT TOTAL UNIT TOTAL QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT I 1 LS 8 98,000.00 $ 98,000.00 $ 76,000.00 1 $ 76,000.00 1 L$ $ 58,000.00 $ 58,000.00 $ 311,000_00 1 $ 30,000.00 1908 LF $ 1.OQ $ 1,908.00 $ Z.00 ! $ 3,816.00 1 EA $ 1,500.00 $ 1,500.00 $ 1,923.50 S 1,923.50 100 MGAL $ 30.00 $ 3,000.00 $ 10.00 $ 1,D00_00 21 EA $ ' 225.00 $ 4,725.00 $ 335.00 $ 7,035.00 65 LF $ 3.00 $ 195.00 $ 2.00 $ 130.00 2 EA 5 150.00 $ 300-00 $ 335.50 $ 671.00 2.28 AC $ 1,180.00 $ 2,640.40 $ 2,512.50 : $ 5,728.50 550 SY $ 0.98 $ 539.00 $ 1-00 _ ;$; 550A0 500 CY $ 22.70 $ 11,350.00 $ 14.00 ' $ 7,090.03 60 SF $ 50.00 $ 3,000.00 $ 42.50 - $ 2,550_DO $ 165,207,40 $ 136,404.00 DIVISION Z - SANITARY SEWER 1 LIFT STATION - STRUCTURE, VALVE MI-, & PIPING 1 LS $ 142,000.00 I $ 142.000.00 $ 139,000.00 $ 139,000.00 . 2 LIFT STATION- PUMPS AND ACCESSORIES 1 L5 $ 47,000.00 i $ 47,000.00 1 , $ 48,000,00 $ 48,000.00 3 LIFT STATION - ELECTRICAL AND CONTROLS 1 LS S 102,0011.00 I $ 102,000.00 ' I $ 110,000.00 $ 110,000.00 4 GENERATOR 1 LS '$ 36,300.00 i $ 36,300.00 ' $ 47,000.00 IS 47,000.00 5 CHEMICAL FEED SYSTEM 1 LS $ 152,000.00 : $ 152,000.00 1 $ 172,500.00 $ 172,500.00 ; 6 16" HDPE FORCEMAIN, INSTALLED BY HOD 16680 LF $ 92.00 . $ 1,534,560.00 1 $ 97.00 $ 1.617,960_00 7 16" HDPE FORCEMAIN, INSTALLED BY OPEN CUT 438 LF $ 74.80 $ 32,762_40 I $ 55.00 $ 24,090.00 1 8 18" PVC. PS46 SANITARY SEWER (0'-10' DEPTH) 353 LF $ 61,25 $ 21,62125 I ' $ 45.00 $ 15,885.00 I _ 9 18" PVC, P546 SANITARY SEWER (10'-12' DEPTH) 541 LF $ 63.30 $ 34,245.30 $ 45.00 $ 24,345.00 1 10 18" PVC, PS46 SANITARY SEWER (12'-14' DEPTH) 504 LF $ 67.90 $ 34,221.50 $ 45.00 $ 22,560.00 11 18" PVC. P546 SANITARY SEWER (14'-16' DEPTH) 299 LF I $ 70.85 $ 21,184.15 $ 45.00 $ 13,455.00 12 18' PVC, PS45 SANITARY SEWER (16.-18' DEPTH) 21 LF $ 74A0 1 $ 1,562.40 I $ 45.00 $ 945.00 13 184 PVC, PS46 SANITARY SEWER (18'-25' DEPTH) 12 LF $ 95.30 $ 1,143.60 I $ 45.00 $ 540.00 i 14 46" DIAMETER SAN_ MANHOLE, TYPE 301 (0'-10' DEPTH) 9 EA $ 2,629.00 $ 23,661.00 $ 2,500.00 $ 22,500.00 15 48' DIAMETER SAN. MANHOLE, EXTRA DEPTH (>10' DEPTH) 28 LF $ 138.00 $ 3,864.00 $ 80.00 $ 2,240.00 I 18 72" CLEANOUT MANHOLE 5 . EA $ 14,670.00 $ 73,350.00 $ 13,600.00 $ 68,000.00 17 72" AIR RELEASE MANHOLE 4 EA $ 16,690.00 $ 67,560.00 $ 13.700.00 $ 54,800.00 16 EXTERNAL MANHOLE DROP 1 EA $ 7,510.00 $ 7,510.00 $ 8,000.00 $ 8,000.00 19 16" RES. SEAT GATE VALVE & BOX 18 EA $ 8,650.00 $ 155,700.00 $ 10,000.00 $ 180,000.00 I 150 LF $ 15.00 $ 2,250.00 $ 27.00 $ 4,050.00 J 1730 LF $ 1,50 $ 2,595.00 $ 1.00 $ 1,730.00 7 5Y $ 40.00 $ 280.00 $ 53.50 3 374.50 1 LS $ 210,000,00 $ 210,000.00 $ 342,000.00 $ 342,000_00 $ 2,707,370.70 $ 2,920,094.50 1 EA $ 2,091.00 $ 2,991.00 $ 2,761.50 $ 2,761.50 382 LE $ 37.40 $ 14,286.80 $ 34.50 S 13,179.00 1 EA $ 1,227.00 $ 1,227.00 $ 1,127.50 $ 1.127_50 1 EA $ 3,540.00 $ 3,540.0Q $ 3,592.00 $ 3,592.00 $ 22,044.80 $ 20,660.00 DIVISION 4.- STREETS & RESTORATION 1 SAWCUT BITUMINOUS PAVEMENT 1340 LF $ 3.50 $ 4,680.00 $ 200 $ 2,680.00 2 SALVAGE & REINSTALL SIGN 2 EA $ 100.00 $ 200.00 $ 312.50 $ 625.00 I 3 REMOVE & DISPOSE OF EXIST. BITUMINOUS PAVEMENT, STREETS 750 SY $ 3.75 $ 2,812.50 $ 2.50 $ 1,675.00 4 REMOVE & DISPOSE OF EXIST_ CONCRETE CURB & GUTTER 20 LF $ 5.00 $ 120.00 3,50 $ 70.00 5 GRANULAR BORROW {P) 350 CY $ 20.25 $ 7,087.50 $ 10.00 $ 3,50U.00 6 CL. 5 AGGREGATE BASE 1270 TN $ 14.00 $ 17,780.00 $ 12.00 $ 15,240.00 7 2360 TYPE LV 3 BITUMINOUS NON -WEARING COURSE, STREETS 251 TN $ 60.40 $ 15,160.40 $ 87.50 $ 16,942.50 8 2360 TYPE LV 4 BITUMINOUS WEARING COURSE, STREETS 210 TN $ 69.10 $ 74,511.Q0 $ 77.00 $ 16,170.00 9 BITUMINOUS MATERIAL FOR TACK COAT 104 GA $ 3.00 $ 312.00 $ 3.50 $ 364.00 10 D412 CONCRETE CURB & GUTTER 20 LF $ 700.03 $ 2,000.00 $ 39.00 $ 78D.00 11 CL. 5 AGGREGATE BASE, SHOULDER 95 TN $ 20.00 $ 1,900.00 $ 20.00 $ 1,900.00 20 EA $ 45.00 $ 900.00 $ 79.00 $ 1,580.00 $ 67,473.40 $ 61,726_50 $ 2,982,096.30 $ 3,138,885.00 Page 3 TABULATION OF ALTERNATE BIDS TORE IMPROVEJUENTS - 194 TO 30 z P 5 a .51.A 00006600440060 888888P1P111 EMEPAME 88 741'6 88888.88898 WilgWVN 00......... ............ 8 88288S gg'Vggrg AT RZ4 ! 221 49 0 0 0 0 0 46 -88 =009.996.00.0. 188288888E8E8 MggglIrilM *'8 qgg8g1*88 §r§gR§§-" 8g a 000.0.9900 '2!.,"115-E155 --W 690 ! 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ZUZSIMM. %NEW Eiichou it ! -4344-49 ggag .ggg Ng rr 3343644*6389 288888 dgggg 0 mr9919g 888189 H41 -Est18 88888 88888 gggEg Nm,..com N0 S888 6666 f4'R N r,fo N 88888 0.960.0 22828 EV die 41) 9 18 N 6,69161; 8863 88 2 0 0 66 0 44 82 0.9160.. 139604,04,0001.00.1.00 888E88828288088 2.4 '1""'W2r:WM 942 0.0000 g,,p "44:34 1 Nr,p, 5 88888 0P,88888 686".; gP6W28d 2.4 laR16.1 ! , : :ricsi;covm011,top.:7=7,',T;0 21 63 81 8 6 0 VEMENTS - I D4 TO 30TH STREET 444 10 6 44 A 1 0 80 00 g A t6 42 • 0 Si 2,88.E'6;81E MgREJMEOR 0.49061.619066619 8888881E88E2 gVg"W" 888?IfOR 'HMV gge-'°t glA§ MIAMMIONMMOMMM 'III i I! II ,SISISISISMSB88ISISg8IRI8E1818288I8I8888 8,6S818E r&Org0a4,MINVAEgOgrOOPMgWilg Ig0M, WW1,2221tig''IPWS'6g2M2612P4': r11 .1..10tow4*1014.91411919w14104w491,094)19 1914949.91010 1P3,908.7'446.gqqg18.E.R8A,00.98268187 ElE175.1%86481M1.21plEgiriEl§0 -.61g M M wo.,romw1*149190491)0)!w14 11 822228a8E8I8888EE8I0ISS8 80 OtilMWMOHIA0FA :44v.45'0 88888888888 §VP8M8" 6906.40.960. I , SESSSIBE OWAg 19449191 6888188 ORRFAR nr,71.4 82'21°288g `r SIS oo ";68P886 :og"" 8SS"SI 6 P M'§ t4. VI :4 19IO4846000000699964OO4*4910 888EISSS2282 FAVVMOO doir:664 N 964401446996609 ESSRSSISS82/8 1818 grP40§6" 1010444940.949 2828828 gMF,- let4 0 LT; 10 990.9 8818 m mo4(i6184im 2i,lqggi8.P,P“os!ssu8 gRgrARET3FWALOOM g 9m499404,9449914lo444* E880488888SI 666,616g66 8SSSIS '2, --194*40 r!Et 9944.6,0409.m9r9 904994a 94orbur 2E28E88E8E888 8818, Sg2SSEP2gAW P 9,o9.099.99999wrwoo SISSEoo''' 066.66696, J.4.0.1.1.o.99,9rAw9wo...wwwo.ti IOSSSR2S,R,ERSORRIESP222224 IVOW'1,qFMg0E-', 9T, L17,21 88888 ilEED MMMMka-AhlaNkr,s!WWW.181888 grW 4; ;7;; 1.; I; 7 , ! it0101F17.-!1218 919189811881M818 m=lv, mfg;;;Immmm 18 go,B,588BEigoi.IN18 4.0401 NN.,41,9g ow.999mom946wo SISIPSEBISSIIRSISS ,goo90_,,ogg,,g 96,1,M00100666WW,MOIN $88828828, to.wo,oupoomo.,.. 82E22SSE288E818E2 gV,E"LMMIn6 rrKg 9.4*...9.91*4/T409.9w 8224288828821882 6i:iiaaag6a* 20644*O19441+.100909446 44649.449 www 81808 N 88882 18221818 -66,361(,10 6416406066 PIPES ES*28 m me !III INg1808611,10 1 Rmnsc_lg. 1048 ,SR@SS t"tSq i4ilioR040 18L64r e,,,,tatva 3.739,035,60 9 0 1812 0 64 a 10 TOTAL FOR A !&5`,&;,a`LA ` --®--------- %a “ `±IJ 6 7,15, 15 1.511LLWAT 22 27 CT 14.K.lr MAIO .12.50.101:14 PARNSFESNRVE "14: 23 Base Bid - Forcemain Only ru,6 • tithrefirn II iY7R . vii14 34 :•GOOSE crry or 11 LAKE ELM O , Country 1,ista WIZ alar IYIN4 fVlancio Park intort/ Notnon Est -35 [MAKER ;.1.41tE :3R0 STRF. Pt- Th. Fono P f W04131111 Th Legend ------ Base Bid - Forcemain Only •—••••••• Alternate Bid - Gravity Sewer South of 10th Street 10 ty Aut.) . Pint I. C :32AID'S7A1 = Elmo Vi Myr , - •4"Elisnsat 'I1ERIT.46E . • Prk • ' • ;IjoviNs r-64 , 4177T y LEGION ' • LN ErN' 5 - tinno TATAN MAE GOLF CLLta r. - litunuatond 100ESECEOE • • L4ICE " 0.41ESITS Pi no A -aria mix si)4v !4. 71' LOCATION MAP City Hall 191.171,40c1 IMA41,11.6 PIIbII Works Building 0.1troallAN Fir' Stations Parcels pm ow lati""igsS . LAKE Bab dl visions City Parks Golf Course kJ*. Elmo Regional Pork R0601,2 11,114064,411 a Town hip Alternate Bid - Gravity Sewer South of 10th St. ....orsomooss000 TIPP 005 11.1 02 11-11111111Mil., Rep Dore; March 2011 Lakes :tallied By TKDA 612,c4411.SIMill1241jAhlabik, YOF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: 6/07/2011 REGULAR ITEM #: 9 DISCUSSION AGENDA ITEM: Commercial Water Rate Review SUBMITTED BY: Tom Bouthilet, Finance Director REVIEWED BY: Bruce Messelt, City Administrator SUMMARY AND ACTION REOUESTED: It is respectfully requested that the City Council review the staff evaluation of proposed alternatives to the City's water rate structure addressing identified concerns with respect to large commercial water users. If agreement is reached on any proposed change, the suggested motion would be as follows: "Move to direct City Staff to prepare a new ordinance, approving an amended 2011 fee schedule, as agreed upon at tonight's meeting. BACKGROUND INFORMATION: The City Council directed Staff to evaluate and prepare for Council review possible alternatives to the City's Water rate structure to address identified concerns with respect to large Commercials water users. The current Water Conservation rate structure has been in place since December, 2009. Some large commercials water users have reported significant increases in water bills despite increased conservation efforts. STAFF REPORT: The City has identified that most of the large commercial water establishments have separate irrigation meters in the southwest part of the City with one exception, the Machine Shed Restaurant. Conversely, there is only one large user that has an irrigation meter in the Old Village, Lawson Marshall & McDonald. The City is charged a surcharge for all water used in excess of the water consumed in January during the summer months. During the summer of 2010 this accounted for 25.3 million gallons or 24% of the total used in the entire year. The Southwest commercial establishment accounted for 6.6 million gallons during quarter ending August, 2010. A majority of the Northern cities identified use the same Increasing Block Rates structure that this City adopted in December,2009. The City of Roseville has a rate for under 30,000 gallons and a separate summer/winter fee for gallons consumed over 30,000 gallons. -- page 1 -- City Council Meeting June 7th, 2011 Regular Agenda Item # 9 , ,ommercial Water Rate Review Alternatives Examples of Conservation Rates: Seasonal Rates: The rate per unit increases in the summer to encourage the efficient use of water during peak demand periods caused by outdoor water uses. Seasonal rates can take the form of a surcharge added to the normal rate or a separate fee schedule for winter and summer period. Individualized Goal Rate (Water Buduet Rate): A rate with tailored allocations developed for each customer. The rate increase as the allocation is used or exceeded by the customer. The allocation is generally based on winter or January use. Excess Use Rates: Cost per unit increases greatly above established level in order to trigger a strong price signal that discourages excessive use. This rate is similar to an increasing block rate but with much higher charges for the larger volume blocks. RECOMMENDATION: Staff recommends continuing with existing rate structure but considering possible modifications, such as capping the gallons used at 50,000 or 80,000 gallons; with all water consumed above this reverting to the City's Bulk water rate of $3.26/one thousand gallons, Such Commercial domestic water rate structures, including a twenty-five dollar base charge, would be as follows: Option A (All domestic commercial accounts) 0 — 15,000 Gallons $3.11 15,001 — 30,000 Gallons $3.26 30,001 — 50,000 Gallons $3.77 50,001 — 80,000 Gallons $5.00 80,000 + $3.26 Option B (All domestic commercial accounts) 0 — 15,000 Gallons $3.11 15,001 — 30,000 Gallons $3.26 30,001 — 50,000 Gallons $3.77 50,000 + $3.26 Another option, Option C, could be considered, wherein a separate classification is created for domestic (i.e. non -irrigation) high volume Hotels and Restaurant accounts. If considered, the same rate structure as option B could be considered. If agreement is reached on any proposed change, the suggested motion would be as follows: "Move to direct City Staff to prepare a new ordinance, approving the amended 2011 fee schedule, as agreed upon at tonight's meeting. ATTACHMENTS: 1) Water Comparison 2009/2010 2) Water and Sewer Rates Article, Minnesota Rural Water Assn page 2 1 City Council Meeting nrnercia1 Water Rate Review June 7th, 2011 Regular Agenda Item # 9 SUGGESTED ORDER OF BUSINESS,: Introduction of Item ............. ...................... ........... ..... ......, City Administrator Report/Presentation Finance Director Questions from Council to Staff ........ ........... ...... . ...... . ...... Mayor Facilitates Public Hearing ........... . ............ . ...... ................ ........... ........ ...... Mayor Facilitates Call for Motion .„..... ..... ..................... ...... .........„.. ..... Mayor & City Council Discussion .......... ........... , ...... ......... .......... .......... Mayor Facilitates Action on Motion Mayor & City Council page 3 — OPTION A City of Lake Elmo OPTION B* OPTION C** Water Comparison 2009/ 0 0 Commercial , Commercial Domestic Only Hotels, Restaurant High Vol. Sep-09 Sep-09 Amount Sep-10 5ep-10 Amount % 3-Tier then 3-Tier then Domestic Irrigation Billed $/1000 gals DOrriestic Irrigation Billed $/1000 gals change 2010 DIFF Bulk Rate REV Change Bulk Rate ' REV Change . 318,000 277,000 $1,89450 $ 3.18 358,000 220,000 $ 3,39550 $ 5.88 85% 208,000 $1,952.38 $ (1,444.12) , $ 1,952.38 $ (1,444.12) 4,000 400,000 $1,302.40 $ 3.22 6,000 383,000 $ 2,352.55 $ 6.05 88% $1,571-95 $ (980.60) 32,000 325,000 $1,156.70 $ 3.24 33,000 131,700 $ 805.65 $ 4.89 51% $703.93 $ (101,72) 509,800 $1,605.38 $ 3.15 464,900 $ 2,84L60 $ 6.11 94% 314,900 . $1,52352 *$ (1,318.08) $ 1,523.52 $ (1,318.08) 887,400 425,624 $4,120,37 $ 3.14 887,400 383,061 $ 7,89730 $ 6.22 98% 737,400 ' $4,209.80 $ (3,687,70) . $ 4,209.80 $ (3,687.70) 33,000 967,000 $3,150.00 $ 3.15 38,000 529,000 $ 3,406.60 $ 6.01 91% $1,90632 $ (1,500.28) 26,279 487,166 $1,641.67 $ 3.20 39,479 287,526 $ 1,842.49 $ 5.63 76% $1,294.89 $ (547.60) ' 23,000 $12130 $ 5.27 37,000 583,000 $ 3,753.90 $ 6.05 15% $2,250.05 $ (1,503.85) 1,031,000 $4,206.48 $ 4,08 867,000 $ 3,77145 $ 435 7% $2,886.57 $ (884.88) 192,000 1,849,000 $6,377.10 $ 3.12 204,000 954,000 $ 7,166.50 $ 6.19 989s 54,000 $3,940.98 $ (3,22552) : $ 3,940.98 $ (3,225:52) 33,000 1,159,000 $3,745.20 $ 3.14 43,000 432,000 $ 2,794.60 $ 5.88 87% $1,681.80 $ (1,112.80) 377,000 $1,193.70 $ 3.17 290,000 $ 1,704.75 $ 5.88 86% $1,005.55 $ (699.20) 211,000 $679.10 $ 3.22 209,545 $ 1,182.44 $ 5.64 75% $743.59 $ (438.85) 154000 $502.40 $ 3.26 174000 $ 950,75 $ 5.46 67% 24,000 $575.19 $ (375.56) $ 575.19 $ (375.56) 250823 $802.55 $ 3.20 2E0226 $ 1,511.22 $ 5.81 81% 110,216 $856.29 $ (654.93) $ 856.29 $ (654.93) 111000 $369.10 $ 3.33 172000 $ 937.75 $ 5,45 649'0 22,000 $568.67 $ (369.08) $ 568.67 $ (369.08) 378800 $1,199.28 $ 3.17 197800 $ 1,105.45 $ 5.59 77% 47,800 $652.78 $ (452.67) $ 652.78 $ (452.67) 13930 214000 $756.58 $ 3.32 12537 287000 $ 1,748.49 $ 5.84 76% $713.81 $ (1,034.68) 197000 $635.70 $ 3.23 192000 $ 1,067.75 $ 5.56 72% 42,000 $633.87 $ (433.88) $ 633.87 $ (433.88) 204000 $657.40 $ 3.22 125000 $ 632.25 $ 5.06 57% $415.45 $ (216,80) 3,368,032 7,722,790 $ 36,116.91 $ 3.26 3,244,342 5,556,932 $ 50,870.19 $ 5.78 77% 1,560,326 $ 29,887.39 $ (20,982.80) $ 14,913.18 $ (11,961.54) *Option B Rate 5trUcture consists of Three Tiers and thereafter bulk rate applied to gallons used above 50,000 **Option C High Volume Users; Rate Structure consists &Three Tiers and thereafter bulk rate applied to gallons used above 50,000 ater Sewer Rates by Ruth Hubbard Administrator There is not a week that goes by that we don'.t do a rate study for a water or wastewater system. There is really a big difference in some systems in the way that they charge for their product. There ts also a big difference in the attitudes atilt people. that are presenting water and ,sewer rates for review and approval of their councils/boards and of the council/board members themselves. I've heard -comments on both ends of the argument, "Our rate of$3.75 perthousand is too cilleap." "We only i,hare $1,00 per tbousand'beeause that is all our fixed income residents can -afford," The bottom line. ,a system needs to collet enoughrevenue to cover your debt, depreciation, reserve and operation and maintenance expenses. While .comparisons to your neighbor's rate is nice information it's not the benchmark to use -to set your rates. You have a million dollar (usually much more) business. Run your water and wastewater system like a business. Gone are the days of entitlements. KEEP IT STIVIPLIE! First, determine the number of EDI) 's on your.water or wastewater system. EDI] is Equivalent Dwelling Units. For water service, one equivalent dwelling unit is the amount of water an average single family residence uses, For sewer, it is the average amount of wastewater generated. "rhe amount of EDUs to charge a commercial customer is determined by dividing the eustomer's total usage by the EDU amount. Por instance, if a study determines that the average residential usage is 5,000 gallons of water it month, -and a motel uses 25,000 gallons of water iemonth, then the motel uses 5 EDU. As you eon see, the number of EDU's is not necessarily -the same as the number of connections. Determining the. number of EDU's also gives you an opportunity to charge a -larger base rate (equitably) to -the entities that are putting -the most demand on your system. The next step in setting your rate is to deternune your actual (tine) expenses. What is,your debt service on your system'? Do you have a short-lived assets report? Do you have a Capital Improvement Plan'What does it say'? What is the amount of depreciation or reserve that needs to be put away each year for emergency repair and replacement? Using these arnounts is sometimes used to set the base rate for your system. Baselate is the amount that is charged primto any gallons being delivered to the household. Base rate would be charged regardless of whether anyone. is home or not (s +this). Next, what ts the portion of salary and fringe of your operators.and support staff that should be applied to your water or wastewater -system? What is the chemical, electrical, heating,Tepair, permit and test costs, training and subscription costs, insurance, printing and publishing (Consumer Confidence Report), velinle, mileage, postage gas, etc. cost? These expenses arc called your operation and maintenanee expenses. 1 once did a rate study that had a total annual electrical hill of $55.00, I'm looking at getting hooked up with this electrical company. 1 figure the cost for my house would he even ()beam than $55.00, As 1 stated before, you need to determine your TRUE oasts. Anyone can maneuvej u budget:to make. it look like your cost per thousand is less, however, that money has got to come from somewhere. Taxes? -Liquor store revenue'? Somewherel After you have your EDU's, fixed, operation and maintenance expenses, you need to determine gallons sold last year. There may be a big difference in the amount pumped and amount sold. (11iiit's another article.- determining your unaccounted for water) Your system really needs to be metered to determine rates that are fair and equitable to all customers. Meters will also reduce consumers water usage which will also reduce operation costs (chemicals, electricity, etc:). That's another article!! NOW, take yourtotal expenses divided by your gallons sold divided by 1000, The equation would look like this: :Si 40,400/27,000,000/1000) =. $5.20 per thousand. (see chart) Using a flat rate of $12.00 per month per EDU (384) this reduces your cost per thousand to $3.15. This would make your average family of four have a monthly water bill of $30,00 - $35,00. Unreasonable!? Compare the costs.. ,this prof:lac-Lis delivered to your tap everyminute-of every day, tested, safe drinking water. Remember, when Stindirigngencies look at your system for loan :and grant funds they wine looking at approximately 1.4% of your median household income as your ability -to repay debt and O&M. Is this clear as mud'? Make your water and sewer -rates simple, easy to understand, fair and equitable for all classes -of customers. -Structure your water and sower rates to conserve your precious resource, Systems with populations -greater than 1000 are required by law to have a Water Conservation Rate in place by January 2013. This will save you operation and maintenance money as well as possible construction money. More information on the Water Conservation Act can be found -at www.mrwa.com on the -home page. Carl Brown has presented several training sessions for in the past arid also submits artioles for publication -quarterly.-Carl has a very good book on setting rates.whieh you ean order directly from MRWA for $25.00 plus tax and S.841-1. Carl will be in Minnesota again on October 13, 2011 so marls your .calendar. AND FINALLY, keep your customers informed. Your Consumer Confidence Report is due each July lst. Take the time to let yoUr customers know what really goes on with your business....the c.:ertification requirements, testing requirements, Upcoming regulations and the need for .operation, maintenance and Infrastructure improvernelltS, Quality on Tap!! Our Professional..:Dur Commitment. You have the most important business in town,, , without you all other activities would cease to exist! OPTION A City of Lake Elmo Water Comparison 2009 / 2010 Sep-D9 Sep-09 Arnount Domestic Irrigation Billed $/1000 gals 318,000 277,000 $1,894.50 $ 3.18 4,000 400,000 $1,302.40 $ 3.22 32,000 325,004 $1,156.70 $ 3.24 509,800 $1,605.38 $ 3.15 887,400 425,624 $4,120.37 $ 3.14 33,000 967,000 $3,150.00 $ 3.15 26,279 487,166 $1,041.02 $ 3.20 23,000 $121.30 $ 5.27 1,031,000 $4,206.48 $ 4.08 192,000 1,849,000 $6,377.10 $ 3.12 33,000 1,159,000 $3,745.20 $ 3.14 377,00D $1,193.70 $ 3.17 211,000 $679.10 $ 3.22 154000 $502.40 $ 3.26 250823 $802.55 $ 3.20 111000 $369.10 $ 3.33 378800 $1,199.28 $ 3.17 13930 214000 $756.58 $ 3.32 197000 $635.70 $ 3.23 204000 $657.40 $ 3.22 Sep-10 Sep-10 Amount Domestic Irrigation Billed $/1000 gals Change 358,000 220,000 5 3,39650 $ 5.88 85% 6,000 383,000 $ 2,352.55 $ 6.05 88% 33,000 131,700 $ 805.65 $ 4.89 51% 464,900 $ 2,841.60 $ 6.11 94% 887,400 383,061 $ 7,89750 $ 6.22 98% 38,000 529,000 $ 3,406.60 $ 6.01 91% 39,479 287,526 $ 1,842.49 $ 5.63 76% 37,000 583,000 $ 3,753.90 $ 6.05 15% 867,000 $ 3,771.45 $ 4.35 7% 204,000 954,000 $ 7,165.50 $ 6.19 98% 43,000 432,000 $ 2,794.60 $ 5.88 87% 290,000 $ 1,704.75 $ 5.88 86% 209,645 $ 1,182.44 $ 5.64 75% 174000 $ 950.75 $ 5.46 67% 260226 $ 1,511,22 $ 5.81 81% 172000 $ 937.75 $ 5.45 64% 197800 $ 1,105.45 $ 5.59 77% 12537 287000 $ 1,745.49 $ 5.84 76% 192000 $ 1,067.75 $ 5.56 72% 125000 $ 632.25 $ 5.06 57% OPTIONS* Commercla I Domestic Only 3-Tier then 2010 DIFF Bulk Rate REV Change 208,000 $1,952.38 $1„371.95 $703_93 314,900 $1,523.52 737,400 $4,209.80 $1,906-32 $1,294.89 $2,250.05 $2,886.57 54,000 $3,940.98 24;000 110,226 22,000 47,800 $1,681.80 $1,005.55 $743.59 $575.19 $ $856.29 $ $568.67 $ $652.78 $ $713.81 $ 42,000 $633.87 $ $415.45 $ (1,444.12) $ (980.60) (101.72) (1,318.08) $ (3,687.70) $ (1,500.28) (547.60) (1,503.85) (884,88) (3,225.52) $ 3,940.98 $ (3,225.52) (1,112.80) (699,20) (438.85) OPTION C** Commercial Hotels, Restaurant High Vol. 3-Tler then Bulk Rate REV Change 1,952.38 $ (1,414.12) 1,523.52 $ (1,318.08) 4,209.80 $ (3,687.70) (375.56) $ 575.19 $ (375.561 (654_93) $ 856.29 $ (654.93) (369.08) $ 568.67 $ (369.08) (452.67) $ 652.78 s (452.67) (1,034.68.) (433.88) $ 633.87 $ (433.88) (216.80) 3,368,032 7,722,790 $ 36,116.91 $ 3.26 3,244,342 5,556,932 $ 50,870.19 $ 5.78 77% 1,560,326 $ 29,887.39 $ (20,982.80) $ 14,913.48 $ (11,961.54) *Option 8 Rate Structure consists of Three Tiers and thereafter bulk rate applied to gallons used above 50,000 **Option C High Volume Users; Rate Structure consists of Three Tiers and thereafter bulk rate applied to gallons used above 50,000