HomeMy WebLinkAbout10-11-16 CCWPOw. Mission is to Provide Quality Public
Services in a Fiscally Responsible Manner
While Preserving the City's Open Space
Character
NOTICE OF MEETING
City Council Workshop
3800 Laverne Avenue North
Tuesday, October 11, 2016
6:30 PM
1. Call to Order 6:30 pm
II. SSTS Ordinance 6:30pm
III. Annual Review of Contracts 7:00pm
IV. Open Gov 7:30 pm
V. Snow Removal Policy 7:45pm
VI. LMCIT Video: "in the Scope of Your Authority: 8:30pm
Preventing Public Official Liability"
Adjourn 9:00 pm
ll/cCITY (,/'
STAFF REPORT
DATE: October ||,20\6
WORK SESSION
ITEM #:
DISCUSSION
TO; Mayor and City Council
FROM: Krb\inoHandt, City Administrator
AGENDA ITEM: SSTS Ordinance and County Set -vices
BACKGROUND:
The City's ordinances relating to subsurface sewage treatment systems (SSTS) is in Chap 5 1 o[the code.
Acopy isincluded inyour packet. The city has been contracting with Washington County for SSTS
permit and inspections. It has been determined by county staff that the current city ordinance ioout of
compliance with state rules.
ISSUE FORDISCUSSION:
What ordinance amendment should staff prepare?
PROPOSALDETAIL8/ANALY8I8:
Included inyour packet iuumemo from county staff laying out the options and discussing the issues.
County staff (Girard Goder or Jeff Tavis) will be in attendance at the work session to provide additional
information and answer questions since this is very technical issue.
ioaddition tmthe memo, | asked for more specific info from county staff about what aspects o[the ci,y`s
SSTSordinance were Out ofcompliance. Girard Goderprovided the following comments:
ThoCityCodeiou|udcsdhefoUmwingprovision(hccausedincorpnruteothcCoontyOrdinoncc-wordfbr
3.1 Administrative scope.
This chapter shall apply and be in effect in all areas in Washington County other than cities and towns
that have adopted ordinances that comply with Minnesota Statute Section 115.55, Minnesota Ru|cu.
Chapter 7O8I,and are uxstrict uothis Chapter. [,..]
Discussion: The City does not have the yta\uk/d|y granted authority to enact an ordinance outside of its
jurisdiction,
33 Variance procedures.
[... ] Modifications related 0zsetbacks mrzoning shall be heard by the Washington County Board of
Discussion: Here the establishes that the Washington County Board ofAdjustment and Appeals consider
variance requests, which is problematic because the Board does not have land use authority within the
City. This also conflicts with Section 51.005 of the City Code which establishes that variances and
appeals shall heheard hvthe Oty�
There are numerous other instances where the verbatim incorporation of the County Ordinance
unintentionally grants/confers/requires County oversight/adiiiinistration/controf for a city ordinance.
Should the City wish to continue to have the County administer the City ordinance, the better Course of
action would be for the City toestablish itself usthe regulatory authority (by still adopting tile County
Ordinance but also modifying all references to Washington County [and the various boards, departments,
etc] to instead read ustheir City equivalent counterparts) and m/bscqocur|y contract with the County to
deliver the City pro�rum.
lnregards tmtile exceptions established in Section 53.003) nfthe City Code, i have the following
comments:
(A) The following provisions are adopted separately from the Chapter adopted in § 51.002 and are
more restricting than Chapter 4ofthe Washington County Development Code:
(l) Washington County Development Code Chapter 4. Section 6-Permits:
(u) "Mound systems are not allowed for collector systems in the OP Open Space Preservation District."
In the hypothetical scenario* that ail existing community septic system needed to be replaced due to a
separation to groundwater, and the soil conditions dictated that o replacement system would need to be a
mound system, one o[the two outcomes Would result:
|. Ail individual mound would need {oConstructed for every residence, or
2. The existing structures Would become uninhabitable because a replacement, compliance
community septic system would heprohibited.
*Note: I do not know whether any existing community septic systems are located in OP Open Space
Preservation Districts, sotile above points may be moot and this provision only applies to new
construction.
(2) Washington CountyDevelopment Code Chapter 4:3ccdnn22'Maintenuooc:
(h) "Sewage tanks shall be pumped or inspected by u|icenucd septic pumper, or inspected by astate-
certified xephcinspcct*revcry2yeum,/\pumpinguud/orinspertionrcyortsha||heaubmitted to the
permitting authority by tile pumper or inspector."
As written, this requirement may be preempted by the restriction in MINN STAT 115.55 Subp.j(c),
which states, in pertinent part:
Acertificate ofcompliance for unexisting system ixvalid for three years from the date ofissuance unless
the local unit of government finds evidence of ail imminent threat to public health orsafety requiring
removal and abatement Under section l45&04,subdivision 8.
Tofully address whether this provision isallowable, the term =iuopected"osused here, would need k/bc
defined. The type ofinspection (atank integrity assessment) that i believe is intended here isallowable
ondrru(uteundcouotyru|cxtobcperDormedbva|iceuycdxepdcmuirtunancehosiocsu(ic.`^xePtic
pumper"). However the type of inspection (a compliance inspection) that is required under state and
county rules to be performed by o^otute'uertificdseptic inspector", cannot be required every two years by
the City,
(B) OPWaste Water Treatment Systems.
(l) Collector systems in the OP zone shall be operated and maintained by a business licensed as
a service provider in accordance with Minn. Rules 7083. An operation and maintenance plan shall be
prepared by the developer prior ho final plat approval. The homeowners association shall be responsible
for implementing this plan. Included iuthis plan ohuU be both ground water monitoring,, and visual
inspections. Biannual reports sboU be prepared by the service provider and submitted tothe permitting
This provision is, for all intents and purposes, redundant with u provisioninthe County Ordinance.
(C} Systems Serving Multiple Properties.
(\) Any SSTSsystem serving two nrmore properties shall hedesigned hyaregistered pmfesdoou\
engineer in the State of Minnesota in addition to having all other necessary certifications and licenses
required by Minn. Rules, Chapter 7083, including the collection component of the shared system, or any
component o[the system that iolocated within anasset ofthe city.
This provision may be prohibited by K4l1 Rules 7082.00100 3uhp. 3 Item /\(in pertinent pud)-
[...] A local unit n[government is not authorized to require additional local licenses, local registrations,
local certificates, or other similar professional credentials to perform SSTS work.
FKSCALKNIPACT:
N&
OPTIONS:
\) Adopt ucurrent ordinance
2) Repeal oramend Sections ufCurrent ordinance
Department of Public
Health and Environment
Lowell Johnson
Director
David Brummel
Deputy Director
MEMORANDUM
Date: September 22, 2016
To: Kristina Handt, City of Lake Elmo Administrator
From: Girard Goder, Environmental Program Supervisor
Re: Consideration of Subsurface Sewage Treatment System Regulation Variances
Following up on previous communications, this letter will serve to elucidate which unit of local
government shall consider and decide variance requests to subsurface sewage treatment system
(SSTS) regulations in the City of Lake Elmo. As previously discussed, by December 31, 2016 the
City of Lake Elmo must either 1) repeal its SSTS ordinance, in which case the county SSTS
ordinance would take effect, or 2) adopt an updated ordinance which meets cun-ent standards
established in Minnesota Rules Chapter 7082.
If the City chooses to adopt a current ordinance, the City could then Contract with the county to
administer the City ordinance. This would include reviewing all installation and operating permit
applications, issuing permits and conducting installation inspections as well as other associated
functions. In this scenario, all variance requests would be considered by the City.
If the City chooses to repeal Section 51.002 of the city code, the Washington County Subsurface
Sewage Treatment System ordinance would take effect within Lake Elmo. In this scenario, variance
requests would be considered by the county, with the exception of variances for the setbacks and
zoning requirements in the attached document, which would be considered by the city.
Cc: Lowell Johnson, Director of Washington County Public Health and Environment
Jeff Travis, Senior Program Manager
Government Center • 14949 62nd Street North — P.O. Box 6, Stillwater, Minnesota 55082-0006
Phone: 651-430-6655 • Fax: 651-430-6730 • TTY: 651-430-6246
Service Centers also located ir? Cottage Grove and Forest Lake
www.co.washinciton,rrin.us
Equal Employment Opportunity / Affirmative Action
Setbacks Applicable to the Installation of a Subsurface Sewage Treatment System
Subsurface Sewage Treatment System Minimum Setback Distances (Feet)
Soil Treatment
and Dispersal
Feature Sewage Tank Area
Water supply wells less than 50 feet deep and not
encountering at least 10 feet of impervious 50 100
material
Any other water supply well or buried suction
50 50
pipe
1 Buried pipe distributing water under pressure 10 10
Occupied buildings and buildings with
10
basements or crawl spaces
Non -occupied structures, deck post footings 5 10
Property lines I 0 10
Above ground and in -ground swimming pools 10 10
The Ordinary High Water Level (OHWL) of:
Natural Environment Lakes
Recreational Development Lakes
General Development Lakes
Unclassified Body of Water
Transition Rivers/Streams
Tributary Rivers/Streams
150 150
75 75
75 75
75 75
150 150
150 150
Setbacks Atplicable to the Sites Used for Land Spreading of Septage
To be approved as a site for land application of domestic septage, the following minimum
requirements must be met:
The site shall:
Not be in a shoreland area;
Setbacks to Physical Features
Setback Distances in Feet
Private drinking water well
Public drinking water well
Irrigation well
Occupied building (residences)
Residential developments
Commercial subdivision
Recreation area
Public contact sites
Property line
Road right-of-way
Down gradient lakes,
rivers, streams,
wetlands, intermittent
streams, or tile inlets
connected to these
surface water Winter (0 % to 2
features**, and %)
sinkholes
Slope 0 % to 6 %
Slope 6 % to 12 %
Grassed Water Ways Slope 0 % to 6 %
Shoreland Area
Surface
Application
50
200
600
600
600
600
50
50
200
Incorporated
within 48
hours
200
1000
25
200
600
600
600
600
50
50
50
Injected
25
100
300
300
300
300
50
50
50
Not 100 100
Allowed
Not Not
600 Applicable Applicable
100
Slope 6 % to 12 % Not
Allowed
33
33
Not Not
Allowed Allowed
33
33
Not
Allowed
10/6/2016 American Legal Publishing - Online Library
SUBSURFACE SEWAGE TREATMENT SYSTEMS
§ 51.001 INTENT AND PURPOSE.
This subchapter is adopted for the purpose of protecting the health, safety and welfare of the residents of the
city through regulating the location, design, installation, use and maintenance of individual sewage treatment
systems so as to prevent contamination of surface waters and groundwaters.
(1997 Code, § 700.02) (Am, Ord. 08-029, passed 9-21-2010)
lj§ 51.002 ADOPTION OF COUNTY SUBSURFACE SEWAGE TREATMENT SYSTEM
ORDI NANCE.
Chapter 4 of the Washington County Development Code entitl edSitbsuifice Sewage Treatment Systems
Regulations, as amended is hereby adopted by reference in its entirety as ifherein printed in full.
(Ord. 08-029, passed 9-21-2010)
51.003 EXCEPTIONS TO COUNTY ORDINANCE.
(A) The following provisions are adopted separately from the Chapter 4 adopted in § 51.002 and are more
restricting than Chapter 4 of the Washington County Development Code:
(1) Washington County Development Code Chapter 4; Section 6 - Permits:
(a) "Mound systems are not allowed for collector systems in the OP Open Space Preservation District."
(2) Washington County Development Code Chapter 4; Section 22 - Maintenance:
(b) "Sewage tanks shall be pumped or inspected by a licensed septic pumper, or inspected by a state -
certified septic inspector every 2 years. A pumping and/or inspection report shall be submitted to the permitting
authority by the pumper or inspector."
(13) OP Waste Water Treatment Systems,
(1) Collector systems in the OP zone shall be operated and maintained by a business licensed as a service
provider in accordance with Minh. Rules 7083. An operation and maintenance plan shall be prepared by the
developer prior to final plat approval. The homeowners association shall be responsible for inipleinenting this
plan. Included in this plan shall be both ground water monitoring, and visual inspections. Biannual reports shall
be prepared by the service provider and submitted to the permitting, authority.
(C) Systems Serving Multiple Properties.
(1) Any SSTS system serving two or more properties shall be designed by a registered professional
engineer in the State of Minnesota in addition to having all other necessary certifications and licenses required
by Minn, Rules, Chapter 7083, including the collection component of the shared system, or any component of
the system that is located within an asset of the city.
(Ord. 08-029, passed 9-21-2010)
htfrv/flihr am am I onal rnm inv linatPo, ate ri; I INili nnr, nf.q/1 ak PPI 111 n rn 1)/1 ak rn nm nnpqntArrviPninr rlinAnr-pg te,r1 rifalpcRin.ripf;--IF 11 I Iltrn. iri. arn I crnal •IaLr..I m 11?
10/6/2016
§ 51.004 GENERALLY.
General requirements - community treatment systems, Lawful connections to community sewage treatment
systems. New connections vill be allowed, with city permit, according to the following conditions.
(A) Where an existing individual sewage treatment system is failing and where the property in question is
near the community sewage treatment system, a new connection may be permitted if capacity is available in all
components of the conummity sewage treatment system.
(B) New connection to a community sewage treatment system will not be permitted for new construction,
unless the previous structure on which the new construction occurs was previously connected to the existing
community sewage treatment system.
(Am. Ord. 97-105, passed 4-2-2002)
(C) The fee for new connections shalt be evaluated on a case by case basis. In general the new user shall pay
all costs to connect to the system, plus a charge to pay for previously built drainfield areas.
(D) No person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any
community sewage treatment system or appurtenance of the system without first obtaining a written permit from
the city.
(1997 Code, § 700.04) (Am. Ord. 08-029, passed 9-21-2010) Penalty, see
§ 51.005 ADMINLSTRATION.
American Legal Publishing - Online Library
(A) Board of Adjustment and :4ppeals.
(1) (a) An aggrieved party may appeal a decision by the pennitting authority regarding the interpretation
or application of the provisions of §§ 51.001et seq.
(b) Appeals shall be reviewed and determined by the city's Board of Adjustment and Appeals.
(2) Request for variances to the provisions of §§ 51.001et seq. shall be reviewed pursuant to the procedures
and standards contained in the zoning code.
(Am. Ord. 97-124, passed 11-18-2003; Am. Ord. 08-029, passed 9-21-2010)
hi I, illihr,rt• ,rn I on 1 rrsr, illvtinnitol. at ac+1,-nr. m rilaVmol nrr, i nnocell or rtrIonfrvriinarroc "If. tom rI It him qlfl,i,lmi anoIt kool rn 'JO
(it s ofLake..Elino
Adis e Comae( List
As or-9,30.16
Vendor
'Animal Humane Sileiety
1Beehiee Industries
!City of Hugo
City of Roseville
City of Rose, Mc
Coordinated Business Services
Dan Raboin
Eckbere Lammers, P.C.
NIC1.15 Engineering, Inc.
G&K
Hildi Inc
Jazacc Inspections Inc.
Kennedy & Graven, Chartered
Lake Elnio Asociates. L,L.1'.
Landscape Architecture
Loeffler
MnDOT
NFP
PermitWorks LLC,
Safe Assure
Southold:. Inc
Sinith. Shafer & Associates
Telemetry and Process Controls
Wash. County Sheriff s Office
Yale Mechanical
Youth Services Bureau
lianegn Insuiance Agency
Services
Impound Housing Services
Engineering Support Software
Budding Inspeclion Services -City aflltlyc.
Emend of IP Telephone Services
IT support Services
Copier maintenancelsupport - new copier
City As Elmo
'Criminal Prosecution Legal Services
'City Engineer
Uniforms
Actuarial Study
Home and:or commerical inspections -Lake Elmo
Legal Services
Lease Agreement
City Ltunkcape Professional
Copier Support - older copiers
Participation in Preliminary Engineering
Employee Benefit Plans -Lake Elmo
Software License- Lake Dun
Safety Trainine..
Zoning & Planning Services
Auditors
SCADA system inaintenance
Public health and safety
Building Mitimenance
Youth Support Services
Insurance Agent
Contact
lJanelle Dixon
Bryan Bear
Terre Heiser
Terre Heiser
Dan Raboin
Thomas J. Weidner
Christopher Kearney
Sarah J. Sonsalla
John E. Ziglicgo
Stephen Niamey
James Crownie
Andy Wilnauer
Belt Oazola
Jason Miller
Brad Winkels
Sheriff Hinton
Bob Sherman
Rusty Zignego
Date
iij
3/31/2(114
511/2014
10/2212012
2011S
2013
12110/2014
3:1.1201-1
1/4/12016
711/11
6/20/2014
I 1/4/2015
3/25:2016
1 /6120 I (,
9/2/2014
-1/8/2.114
Current
End
l/l'20I1 J32:31'2010
5112010 1 -4302317
1012212012 OPEN
111/2.016 12/31/2016
1/1/2016 12/31/2016
6/23/2015 OPEN
2014 1.N.31520 I f,
1:E2016 12/3112021
111/2016 12311201n
6/2012014 6/20/2017
12/1/2015 OPEN
2016 1 OPEN
111(2016 _,I12;31,2-n10
10/1.12014 9130/2019
2014 OPEN
OPEN
201J
1/1r2016 12131/2016
21112013 2/1/2013 OPEN
9/1/2091212016 9/112017
. 21113 OPEN
1/1/2011
7/25/2016
1/1/2015
911,2013
9/612016
1 Pre 2009
2017 2019
7125/2016 7,124/2018
Terms
Atito - Annual Renewal
Auto - 3:1 of year
none
Auto Rakoval
Auto - Annual Renewal
Aunt renewal
Auto renewal
Pending Termination
Auto renewal
9/30/19
Pending Termination
Pending Terminntion
5 Years from Agreement
12131:16
Pending Terntinalicat
Annual
Pending Termination
2 year contract: with
1/112015 12/3 I r2016 three 1 yr extensions
9/1 /7016 8131/2(117
1/1/2017 12/31/2017
111/2016 12/3 1/2016
Auto Renew
Annual Renewal
Annual Renewal
Nisticr required Notes
311days
90 days
90 days
None noted
90 days
30 days
60 day written
30 days
None noted
60 day notice
None timed
3 year contracc REP in 2014
GASf3 ReqUiitn1enI loll Study every two years
Could not locate n copy - put in place w hen purchased
copiers
No signed c..-opy
REP in 2013 for 2013.7010 relle,NT(1 24116 for
2017-2019 audits
90 days prior lo 12/3 I Auto renew ',11 for 3 - 1 year periods to end 12:31/19
30 clays prior to end of
121'111
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-1,„„`„ -FE
DiSTRiCT OF-
COLUMMA
PENNSYLVANIA
-JERRY VYSKOCIL, FINANCE DIRECTOR, NOBLES COUNTY, MN
SAN DIEGO
'01 MCKINNEY * ALPHARETTA
MONTGOMERY
COUNTY
DEKALB
- COUNTY
www.opengov.com 650-336-7167 I contaaccopericpv.coni
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CITY OF LAKE ELMO
Snowplowing and Ice Control
Policy
Introduction
The City of Lake Elmo, Minnesota, finds that it is in the best interest of the residents of the city
to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and
snow control is necessary for routine travel and emergency services. The city will attempt to
provide such control in a safe and cost effective manner, keeping in mind safety, budget,
personnel, and environmental concerns. The city will use city employees, equipment and/or
private contractors to provide this service. This policy does not relieve the operator of private
vehicles, pedestrians, property owners, residents and all others that may be using public streets,
of their responsibility to act in a reasonable, prudent and cautious manner, given the prevailing
street conditions.
1. Commencement
The Public Works Director or designee wili decide when to begin snow or ice control operations.
The criteria for that decision are:
A. Snow accumulation of two (2) inches or more;
B. Drifting of snow that causes problems for travel;
C. Icy conditions which seriously affect travel; and
D. Time of snowfall in relationship to heavy use of streets.
Snow and ice control operations are expensive and involve the use of limited personnel and
equipment. Consequently, run street width snowplowing operations will not generally be
conducted for snow fall of less than two (2) inches. Night -lime plowing will usually begin at
approximately 2:00 A.M. However, starting time may vary according to weather conditions.
2. Winter Parking Restrictions
It shall be unlawful to park any vehicle or trailer, attended or unattended, on any city street after
a 2" or greater snowfall until cessation of snowfall and the street is plowed to its full width (Ord.
72-03).
Social media, city website and local news stations will be used to communicate emergency
parking restrictions.
3. Movement of snow
Snow will be plowed in a manner so as to minimize traffic obstructions. Streets will be plowed
from the center outward to the boulevard areas.
In times of extreme snowfall, streets will not always immediately be able to be completely
cleared of snow. Snow will be removed from main arterial streets first, starting at centerline and
plowed to the curb. Plow district units will work together in the cleaning of these streets, (i.e.
tandem plowing). These streets will be maintained even in a blizzard event.
For safety reasons, Cul-de-sacs will be plowed from the center outward to the boulevard when
possible.
4. Snow Removal
The Public Works Director or designee will determine if and when snow will be removed from
the area by truck. Such snow removal will occur in areas where there is no room on the
boulevard for snow storage and in areas where accumulated piles of snow create a hazardous
condition. Snow removal operations will not commence until other snowplowing operations have
been completed. Snow removal operations may also be delayed depending on weather
conditions, personnel and budget availability. The snow will he removed and hauled to a snow
storage area. The snow storage area will be located so as to minimize environmental problems.
5. Priorities and Schedule of Streets to be Plowed
The city has classified city streets based on the street function, traffic volume and importance to
the welfare of the community.
First Priority: "Main Arterial Streets" These are high volume routes, which connect
major sections of the city and provide access for emergency fire, police, and medical
services. They also provide access to schools and commercial businesses. Priority
will also be given to parking lots and access to City Hall and Fire Stations.
II. Second Priority: Lower volume residential streets,
Third Priority: Alleys, city parking lots and cul-de-sacs.
During significant and severe storms, the city must be prepared to move personnel and
equipment to maintain priority routes first. In fulfilling the need to have all priority streets safe
and passable, when resources are limited, plowing of all other streets may be stopped at any time
so resources can be shifted to priority routes.
Unforeseeable circumstances may cause delays in completing assigned plow routes. Such
circumstances may include weather conditions that endanger the safety of snowplow operators
and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor
visibility conditions, parked cars along streets, assistance to emergency response vehicles,
equipment breakdown, and personnel shortages.
6. Work Schedule for Snowplow Operators
Snowplow operators will be expected to work their assigned shifts. In severe snow emergencies,
operators sometimes have to work longer shifts in excess of 40 per week. While work breaks are
not guaranteed, generally operators will take breaks in accordance with city policy, provided the
breaks do not interfere with city services or operations. In addition, operators will be allowed
sufficient time to eat a meal during any shift which is eight or more hours. After a twelve-hour
shift, the operators will be replaced if additional qualified personnel are available.
7. Traffic Regulations
The city recognizes that snowplow operators are exempt from traffic regulations set forth in
Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for
regulations related to driving while impaired and the safety of school children. Pursuant to this
authority, snowplow operators engaged in snow removal or ice control on city streets have
discretion to safely disregard traffic laws set forth in Chapter 169, except for laws relating to
impaired driving and school children safety.
The privileges granted herein to operators of snow removal and ice control vehicles shall apply
only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or
rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of
360 degrees,
8. Weather Conditions
Snow and ice control operations will be conducted only when weather conditions do not
endanger the safety of snowplow operators and equipment. Factors that may delay snow and ice
control operations include: severe cold, significant winds, and limited visibility.
9. Use of Sand. Salt, and Other Chemicals
The city will use sand, salt, and other chemicals when there are hazardous ice or slippery
conditions. The city is concerned about the effect of such chemicals on the environment and will
limit its use tor that reason.
10. Mailboxes and other private property
It is the responsibility of property owners to keep their mailbox clear of snow for postal
deliveries.
Damage to a mailbox is a risk that snowplow operators face during winter plowing requirements.
The city will conduct a review of each mailbox damage claim to determine, whether the city has
any legal responsibility for the damage and if so replace the mailbox. The mailbox and/or post
must show signs of physical damage characteristic of being struck by city snow removal
equipment. The act of snow itself coming off a plow and dislodging any component of a mailbox
shall not be the responsibility of the city to repair. If the city, in its discretion, determines
replacement is appropriate, the city will replace the mailbox with a standard size, non -decorative
metal mailbox and replace the support post as necessary with a 4" x 4", decay resistance wood
support post, both which will be installed by the city.
*Please refer to Attachment #1 for tips on a properly installed mailbox from the United States
Postal Senke.
Replacement or repair of objects in the right -of way area (ROW) is the responsibility of the
property owner. This includes but is not limited to any landscaping, boulders, posts, fences,
irrigation systems or improperly installed mail boxes as well as any other substantial objects in
the ROW. If your lawn (grass/sod) is physically damaged by city snow removal equipment
repairs will be made with black dirt and grass seed in the spring.
11. Garbne and Reevelin2 Containers
Please do not place garbage or recycling containers in the street during a snow fall event until
your street is plowed to full width. Containers can be placed in your driveway adjacent to the
street and still be accessible for pick-up.
12. Fire Hydrants
Residents are encouraged to help the Public Works Department and Fire Department by clearing
snow away from fire hydrants. This will allow the Fire Department adequate access to the hydrant in
the event of an emergency. We ask you to clear the snow in a 5' area around the fire hydrant.
13. Deviation fr9lin Folicv
The Public Works Director or designee may deviate from this policy when in his or her judgment
it is in the best interest attic city or is necessary because of budget needs or other
circumstances. Changes in priorities (lasting more than 4 hours) will be documented as to what
caused such.
Attachment #1
Placing the Mailbox
Here are some helpful guidelines to follow when installing your mailbox:
• Position your mailbox 41" to 45" from the road surface to the bottom of the mailbox or point of mail entry.
• Place your mailbox 6" to 8" back from the curb. If you do not have a raised curb, contact your local
postmaster for guidance.
• Put your house or apartment number on the mailbox.
• II your mailbox is on a different street from your house or apartment, put your full street address on the
box.
• If you are attaching the box to your house, make sure the postal carrier can reach it easily from your
sidewalk, steps, or porch.
Installing the Post
The best mailbox supports are stable but bend or fall away if a car hits them. The
Federal Highway Administration recommends:
A 4" x 4" wooden support or a 2"-diameter standard steel or aluminum pipe.
• Avoid unyielding and potentially dangerous supports. like heavy metal pipes, concrete posts, and farm
equipment (e.g., milk cans tilled with concrete.).
Bury your post no more than 24" deep.
Proposed Winter Parking Ordinance
[hapter7Z
7IO3Winter Parking Restrictions
|tshaUbeunbwfu|toparkanyvehideortrailer,attendedorunattended,onanycitycLreetafte/aJ"o/
greater snowfall until cessation ofsnowfall and the street bplowed toits full width,
INFORMATION MEMO
LEAGUE OF
MINNESOTA Role with It: Individual versus Council
CITIES Authority
Learn common ways couneilmembers may overstep their proper role and the personal liability that
may ensue. Understand actions you may take in your role as an individual councilinember versus
your role as part ofthe entire city council.
RELEVANT LINKS:
Sec sections Role qtfhc
Individual Colincilmember
and the Council"s Atrilior0'
in I t;iiiiitiotik. (.113itter o.
I. Role of an individual council member
Councilmembers' statutory duties are to be perforined, 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.
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.
I. Councilmembers and city employees
Relationships between the council and city employees can create situations
where councilmembers may overstep their proper role, causing potential
liability for the councilmember and the city. Use of an employment
scenario may be helpful in understanding an individual councilmember's
role in dealing with employee discipline and termination.
Here is a scenario. The council has ongoing concerns with the municipal
liquor store manager. Citizens complain the store is closed when it should
be open. There are even reports the staff drinks on the premises. One
councilmember decides to address the situation herself. She continuously
stops by the store and even drives by the manager's house to make sure he
is not home when he should be working. During one visit to the store, the
councilmember finds the staff, including the manager, drinking in the back
of the store. Knowing the council will agree, she terminates the manager
on the spot. To make this situation easier, she also negotiates a severance
package with him. The councilmember then relates the incident to several
friends, making some exaggerated descriptions of what happened.
Obviously, the liquor store manager's actions raise many liability concerns
for the city. However, the councilmernber's actions are also problematic
because she acted beyond the scope of her authority.
This material is provided as general information and is not a substitute for legal advice, Consult your attorney for advice concerning specific situations.
145 University Ave. West
Saint Paul, MN 55103-2044
,Ahvwtmc.org 5/25/2016
(651) 281-1200 or (800) 925-1122 C) 2016 All Rights Reserved
RELEVANT LINKS:
Minn 412.22 1., listing
powers of the council.
^dam 412.201,
requiring council approval or
contracts For Standard Plfut
and Plan A cities.
\iiflrL Slat 4 4ir
job nson Stotc, 553
NAV.2d 40 (Minn. 1996),
defining powers involving
exercise of judgment.
11;111. 04014 still+. 1
A. Investigating and terminating employees
In this scenario did the councilmember have authority to investigate or
terminate the store manager? No.
In Minnesota, a council's powers are derived from state statutes or city
charters. In statutory Standard Plan and Plan A cities, the statutes give the
entire council control over city matters, including the power to control city
finances, to make contracts, to enact ordinances, and to oversee city
personnel. The statutes do not allow an individual councilmember to
investigate employees or terminate employment.
In charter cities, the charter dictates a councilmember's role. State law
allows charter cities to adopt any form of government as long as it is not
inconsistent with state statutes or the state constitution. In almost all cities,
charters give authority to the council rather than to individual
councilmembers. However, councilmembers from charter cities should
consult their charters to determine their proper roles.
B. Delegating authority to investigate or
terminate employees
Could the councilmember in our scenario delegate the authority to
investigate or terminate the store manager? Yes and no.
Individual councilmembers can perform any duty the council legally
assigns to them. However, a statutory city council cannot delegate any
discretionary powers, defined by case law as powers involving the
exercise of judgment. In this scenario a statutory city council could
authorize the councilmember to investigate the liquor store manager, but
not to terminate him. Charter cities cannot delegate any discretionary
authority unless the charter specifically allows delegation.
Councilmembers should be careful even when performing duties legally
assigned to them. In our scenario the councilmember's actions may have
crossed the line into harassment. The councilmember could safely view
the employee's time cards, respond to citizen complaints, and probably
even stop by the store occasionally. She should not drive by the
employee's house.
On a related matter, the League often receives calls about whether an
individual councilmember can review an employee's private personnel
documents. Individuals whose job duties reasonably require access to
private data may view the data. Since individual councilmembers do not
have authority over city personnel, they cannot access this private
information. The council could authorize an individual councilmember to
view the data.
League of Minnesota Cities Information Memo: 5/25/2016
Role with It: Individual versus Council Authority Page 2
RELEVANT LINKS:
See Section III, Mayor, in
rlanclho,1<.. (Thapier
tat. 4 I
Jewell 1% Bertha, 97 NM.
424 (Minn. 190)),
C. Mayor's power to investigate or terminate
employees
In most cities a mayor may not investigate or terminate an employee. A
frequent misconception is that mayors have more power than other
councilmembers. The mayor is the official head of the city, and he or she
speaks for the city government and presides over council meetings. The
mayor also breaks a tie vote when filling council vacancies, and can make
some other appointments such as park board members subject to council
approval. The mayor has no individual authority over city staff.
Truthfully, mayors of statutory cities have very limited additional powers.
Outside of a few exceptions, the mayor cannot act without council
approval.
A majority of charter cities have a weak -mayor form of government, in
which the mayor's powers are generally no greater than those of other
councilmembers. A few charter cities give the mayor limited additional
powers such as control over the police department. Three charter cities
St. Paul, Duluth, and St. Cloud follow a strong -mayor format where the
mayor has administrative authority over city matters, including city
personnel. Mayors of these cities would probably be able to investigate
and remove employees without council approval. Mayors in charter cities
should review their charters to determine the extent of their authority over
employees.
D. Negotiating employee severance packages
In our scenario the councilmember may not negotiate a severance package
with the liquor store manager either. State law provides the "council" must
authorize contracts. Minnesota case law holds this power cannot be
delegated and also that a city is not bound by a contract made by an
individual councilmember. Councilmembers from charter cities should
consult their charters, but most charters probably would not authorize an
individual councilmember to execute contracts.
The full council could later ratify the contract. If the council does not
ratify the contract, the individual councilmember could potentially be
liable for claims such as detrimental reliance or promissory estoppel.
Accordingly, all councilmembers should be clear when speaking with
individuals interested in contracting with the city that only the full council
can enter into a contract.
League of Minnesota Cities Information Memo: 5/25/2016
Role with Individual versus Council Authority Page 3
RELEVANT LINKS:
Ir 81al, 8,"; 412.O111
75 I.
Irani
N I inn. Sun. :8 46o.ii7,
See Section 11-E on Official
Immunity in Ilandlmiih,
Charge) 18
See Section III-B on
Protection from Defamation,
in flandboor.Cliiiptcr 18.
LN1C infonnation memo,
/ 1/C/irrivicrir,
Section VI -A,
Bond coverage
III. Councilmembers and employees in Plan B
cities
Plan B cities have a council-manager form of government. A number of
charter cities also use this structure. Like Standard Plan and Plan A cities,
the council exercises policy -making and legislative authority. But in Plan
B cities, the council delegates administrative control to the city manager,
who then implements the council's directives. For example, the council
appoints the manager who, in turn, appoints and supervises the city staff
A city manager is the city's purchasing agent for contracts under $20,000,
unless the city council provides for a lower limit. Therefore, in a Plan B
city, the city manager, rather than the council or an individual
councilmember, would be the proper person to investigate the liquor store
manager and terminate his employment.
City managers should not be confused with city administrators. The city
administrator position is a position created by council ordinance or
resolution, not by statute. The duties of the administrator will vary from
city to city, with some administrators also serving as city clerk. A statutory
city council cannot delegate any discretionary authority to a city
administrator. A charter city council may do so only if the charter allows
delegation.
IV. Potential personal liability for
councilmembers
State law requires cities to defend and indemnity councilmembers for any
suit arising from their official duties.
The doctrine of official immunity protects public officials from suits based
upon discretionary actions taken in the course of their official duties. For
example, a councilmember could not be held liable over the question of
calling for special assessments. Neither official immunity nor the statute
applies when a councilmember acts with malice or in bad faith.
These doctrines may not protect the councilmember in the above scenario
because she was acting outside the scope of her duties.
Of particular concern for the councilmember in this situation is a
defamation claim. A defamatory statement is one that is false, made to a
third party, and harms the reputation of the subject. A councilmember is
protected if the statement is made in good faith during a proper occasion
and is based on probable cause. The proper place to make even true
statements would be at a council meeting.
League of Minnesota Cities Information Memo: 5/25/2016
Role with It: Individual versus Council Authority Page 4
RELEVANT LINKS:
searclva linc.org
651.28 1.1200 or
800.925.1122
V. For further assistance
If you have questions about the role of an individual councilmember or the
city council as a whole, you should discuss the matter with your city
attorney. In addition, the League's Research and Information Services
Department can answer questions about the role of council members in
different types of cities.
League of Minnesota Cities Information Memo: 5/25/2016
Role with It: Individual versus Council Authority Page 5