HomeMy WebLinkAbout10-16-12 CCMPOur Mission is to Provide Quality Public Services
in a Fiscally Responsible Manner While
Preserving the City's Open Space Character
TICE F fv, E ETTA
City of Lake El
Laverne Avenue o th
City Council eetin
Tuesday, • ctober 16, 2 12 7 0 p.
E N D
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF AGENDA
E. ORDER OF BUSINESS/GROUND RULES
F. ACCEPT MINUTES
1) Accept October 2, 2012 City Council Minutes
G. PUBLIC COMMENTS/INQUIRIES
A) Tony Hernandez - US Congress 4th Congressional District
Candidate
H. PRESENTATIONS
B) Q-Star Recognition - Mark Duddeck
CONSENT AGENDA
Note: Items listed under the Consent Agenda will be enacted by
one motion with no separate discussion. If discussion on an
item is desired, the item will be removed from the Consent
Agenda for separate consideration.
2) Accept Financial Report dated September 30, 2012
3) Accept Building Permit Report dated September 30, 2012
4) Approve Payment of Disbursements and Payroll
5) Resolution 2012-XX Approving City Elected Official and
Appointed Board/Commission Member's Code of Conduct
Policy
6) 2012 Street and Water Quality Improvements - Change
Order 1
7) 2012 Street and Water Quality Improvements - Pay
Request 2
8) Approval of HVAC System for Annex and Maintenance
Agreement for City Facilities
. REGULAR AGENDA
9) Approval of Damon Farber & Associates Planning/Theming
Agreement
10) CUP Approval for Therapeutic Massage at 11200 Stillwater
Boulevard
11) Resolution 2012-XX Approving Lake Elmo Employee
Handbook
K. NEW BUSINESS
C) Library Update
1) Library Board Applications
2) Filling of Weis Board Position
3) Full Time Library Director Position / Goal Setting
4) Future of Art Center
SUMMARY REPORTS AND ANNOUNCEMENTS
• Mayor and Council
• Administrator
• City Attorney
• City Engineer
• Planning Director
• Finance Director
Adjourn
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 2, 2012
CITY OF LAKE ELMO
CITY COUNCIL MINUTES
OCTOBER 2, 2012
Mayor Johnston called the meeting to order at 7:00 P.M.
PRESENT: Mayor Johnston, Council Members Pearson and Park. [Council Member Emmons
arrived at 7:05 P.M. Council Member Smith arrived at 7:24 P.M.1.
Also Present: City Administrator Zuleger, City Attorney Snyder, City Engineer Griffin, Finance
Director Bendel, Planning Director Klatt and City Clerk Thone.
APPROVAL OF AGENDA
MOTION: Council Member Pearson moved to approve the October 2, 2012 City Council Agenda as
amended switching the order of items 11 and 12. Council Member Park seconded the motion. Motion
passed 3-0.
ACCEPTED MINUTES
ITEM 1: THE SEPTEMBER 11, 2012 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED
(TIME OF MEETING/PAGE 3 FOR PUBLIC SAFETY) BY CONSENSUS OF THE CITY COUNCIL.
ITEM 2: THE SEPTEMBER 18, 2012 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED
BY CONSENSUS OF THE CITY COUNCIL.
[Council Member Emmons arrived at 7:05 P.M.J
PUBLIC COMMENTS/INQUIRIES:
PRESENTATIONS:
QUALITY STAR RECOGNITION - JAYCEES
City Administrator Zuleger explained the purpose of the Quality Star Award is to recognize those in
the city and community who go above and beyond. He expressed appreciation for the Jaycee's
commitment to serve and volunteer at the Lake Elmo Days event in September.
QUALITY STAR RECOGNITION - ROCK POINT CHURCH
City Administrator Zuleger expressed appreciation for Rock Point Church's commitment to serve
and volunteer at the Lake Elmo Days event in September and for their popular event: The Stick
Pony Rodeo.
UTILITY INFRASTRUCTURE FINANCIAL PLAN - TAMMY OMDAHL
Tammy Omdahl of Northland Securities presented an overview of the Utility Infrastructure
Financial Plan. She explained the report recommendations for connection of sewer and water for
Page 1 of 8
LAKE EDMO CITY COUNCIL MINUTES
0|CTOBER 2^2012
future properties, the conservative structuring of projected debt, and the adoption of a formal fund
balance policy.
Ms. OnodahJprovided an overview o[the projected Capital Improvement Plans and Debt Service. In
response to council and staff inquiries, Ms. Omdahl explained if growth is greater, the city may push
forward some o[the revenues i[the growth supported it. loresponse tocouncil inquiries regarding
the interest rates utilized in the report, Ms. Onzdab} explained the long term rate was estimated at
50 points above what the rates are currently, but the short term rate was oadnoatcd at Z to 2'1/2
percent orZ5basis points above current rating.
She presented a comparison of neighboring community rates for water, sewer, and storm water.
Lake Elmo is at the middle to higher end for each.
Member Smith arrived at 7.24J�M.y
She explained the Financial Plan as it relates to options the city will have in choosing to utilize
bonding and/or cash topay for the projects. She explained financial figures were determined with
the objective to maintain a cash balance equivalent to 50% of operating expenditure. Again, growth
will play amajor role ioimpacting the estimated rates and options,
Inquiries were made regarding the assumptions made on growth, especially south of 10th street and
City Administrator Zuleger explained the numbers in the report are conservative and confirmed the
ooU|iou dollar grant is included in these numbers. The currently kuovvo interested developers
expect a typical pare of2O'4O lots per year. Once sewer and water are available, the numbers are
expected toincrease exponentially. Commercial units are not aswell understood atthis time and
are very conservative in this report. The years 2013 through 2015 are about 70 percent based on
the |-94Corridor Plan.
Currently the city has no Sewer Access Charge. In the report, the SAC charges are recommended in
lieu of assessment charges for sewer connection. She explained the report recommendations
would require the property owners who have the pipe running in front of their property to pay the
access charges (GAC)tngain revenue for the project. Council expressed concerns for residents who
opposed development having to pay even i[they were not interested in onvvcr/wntrc connection.
Council K4coobcrs Pearson and Smith expressed their support for the connection charges. City
Attorney Snyder explained this presentation was to begin discussion about the items and review
the options presented. He explained the two different options with numerous variations that would
likely bpvetted out iuthe near future.
C000d| inquired about the rotes appearing greater in comparison to the communities represented
in the report. It was explained that the tier structure is not shared by all communities, but the
neighboring utility structures all vary greatly. The large lot sizes in the community could also play a
role in higher payments. City Administrator Cu|eger reminded that the use o[Oakda\e's water also
increases rates,
Page 2 of 8
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 2, 2012
Council Member Emmons raised concerns about the ballooning effect towards the end of the
proposed plan and the potential burden in the future. Ms. Omdahl confirmed his estimated per acre
charge breakdown.
City Administrator Zuleger confirmed that the City was going to continue Storm Water Fund
analysis because of the current ongoing projects.
CONSENT AGENDA
3) Approve Payment of Disbursements and Payroll of 297,285.85.
4) Resolution 2012-49 Designating Data Practice Officials and Approving City's Data
Practices Policy
5) Resolution 2012-50 Approving Tax Forfeited Parcels for Public Auction
6) 2012 Seal Coat Project - Pay Request No. 1 (Final)
7) 194 Corridor East Gravity Sewer - Approve Engineering Services to Prepare Revised
Easement Exhibit
8) Resolution 2012-51 Approving Delinquent Storm Water Assessments
9) Resolution 2012-48 Approving Joint Powers Agreement for Building Services Pool
10) Demontreville Park Purchase of Benches and Foul Line Fence
MOTION: Council Member Pearson moved to approve the Consent Agenda as presented. Council
Member Park seconded the motion. MOTION PASSED 5-0.
REGULAR AGENDA
ITEM 12: APPROVE ORDINANCE 2012-63 AMENDING CITY CODE SECTION 150.250
PERTAINING TO SHORELAND STANDARDS
Planning Director Kyle Klatt explained this amendment was to bring the Shoreland standards into
conformance with state statutes and specifically explained the change of setbacks from 20 feet to 10
feet from the 0 HW. This distance would be in line with the Minnesota state statutes. The Planning
Commission recommends the council adopt the proposed amendment.
MOTION: Council Member Pearson moved to adopt ORDINANCE 2012-63 AMENDING CITY CODE
SECTION 150.250 PERTAINING TO SHORELAND STANDARDS. Council Member Smith
seconded the motion. MOTION PASSED 5-0.
ITEM 11: KEATS AVENUE NORTH MSA STREET AND TRUNK WATERMAIN IMPROVEMENT
PUBLIC HEARING AND RESOLUTION 2012-42 ORDERING IMPROVEMENTS AND
PREPARATION OF PLANS AND SPECIFICATIONS
MOTION TO RECONSIDER REHEARING MADE BY COUNCILMEMBER PARK; SECONDED BY MAYOR
JOHNSTON. MOTION PASSED 4-0. SMITH ABSTAINED
Page 3 of 8
LAKE ELMO CITY COUNCIL MINUTES
0oCTOBER2 2012
City Engineer /acbGr[§nprrneotcdiofbrnuatk0000tbeKeatsAvcounNocthK4SA5trretaodTruok
Watermain Improvement project.
He provided o summary of the 6aos8/Udx report that was previously received by the Council. He
explained the alternatives of maintaining the Bucd Road as proposed, as well as the Urban Road
option with curb and gutter, vvbicb allows the city to maintain the existing footprint and avoid the
excessive costs of other plans. Mr. Griffin also explained the need for closing the critical water
system loop to support the system up in the north. This will need to be done at some point
regardless. He explained the findings of the hydraulics study, explained the well system structure,
and the water stubs for future connectivity. The propooal would include assessments on 22
properties benefiting from the improvements. He explained street and water cost breakdowns. The
city vvnu\d pay 94% of the street improvements. The owners would pay 6% of the project. Mc
Cri[bo explained the proposed timeline, Should the project beapproved this evening, the selection
proposal would be brought back to Council Novcoober6, 2012 for approval and aspring 2Ol3 start
date.
Council Member Park inquired about the critical loop and whether it would be required if we were
not going to move ahead with the 1'94 corridor project loop. Mr. Griffin responded the Keats
section is odU part of critical loop for the original water system. Council Member Park inquired
whether not including stubs initially would save money. Mr. Griffin responded the cost to re -tear up
the road later to connect would be greater than the cost of installing the stubs initially,
}\ discussion was had over what properties vnoo|d be affected. The properties that have direct
access toKeats Avenue would bethe properties assessed. Council Member Emmons inquired about
potential issues with the projected service area according to the map provided. City Engineer
Griffin assured him it would not be an issue and stated the map used was more of a planning map.
K4c Griffin briefly explained the process for setting the assessments and determining the project
service area. City Attorney Snyder clarified that the purpose of the motion at this time was to
approve the order o[plans and specifications, which will give direction tothe Engineer and seta
cuaxinounn assessment amount. Later an assessment hearing will be held tospecifically determine
the details V[the assessments.
OPEN PUBLIC HEARING AT0:19P.M.
PUBLIC COMMENTS:
George Ucge,Sl93Keats Avenue North, raised concerns about the project butsupportotheneudfor
the project. His concern was the cont of the project. He understands the need for the street
assessment, but the be felt the water portion should be the responsibility of the city, not the
property owners, since be knows of only one owner who would like to connect to date. Tberefnre,
you are charging 22 property owners who have septic systems, some relatively new, and he
recommended the city charge only those wishing tohook. up.
Knhcrt Meyer, 5230 Keats Avenue North, explained be spoke with both the county assessor and
some realtors regarding the claim that this will improve the property whether they hook up or not
and he found the answer was no. He does not feet it will increase the value of their homes. He
Page 4of8
LAKE ELMO CITY COUNCILMINUTES
OCTOBER2,2012
asked the council for consideration to make this charge reasonable - say the 3900 not the 5900
proposed.
Qick8eersdor[ 9960 5711,Street North, stated belives ooboth Keats Avenue and 57013treet. He
expressed that he feels he does not have all the information he would need to abandon his driveway
onKeats Avenue. Bealso has yet tuunderstand what the street project mnoyho|d[nrthcfutureoo
57*Strcet.
George Crocker, 5390 Keats Avenue North, expressed his appreciation for the consideration the
council is giving to the residents but explained that this situation is a direct result of the 3y4
contamination, and the responsibility should fall to them, not the property owners.
Richard Eder, 9835 471h Street, explained tbevvaternzaju isgoing from one development to another
and supports the project fortbegoodoftbrcity.8ow/ever,itisootreaUybeucOtingtbeproperhcs
in between. Because the project has changed, it will now affect his property with up to two homes
that could possibly hook up to it He believes the City should reconsider the route and aoscnsrncot
procedure tnbemore equitable.
William Vogel, 5056 Keats Avenue North, is considering connecting to themnatrrmain due to the
condition of his current well, He inquired vvbetbcr residents would be required to connect or if he
could opt to put in another private system. City Administrator Zuleger responded the city does not
currently require them to connect or prohibit private systems if adjacent to the public system.
Joe K4ag(U' 5275 Keats Avenue North, stated be has lived in Lake Elmo for 18ycarc He 6on\s this is
not right. He stated that if he did decide to connect, he would be happy to pay for it. Stated bc loves
the city. Rebelieves that any benefit should beassessed when they sell.
Rod 5ossiuA, 5699 Keats Avenue North, expressed his opinion that linear distances to vvaternna|n
should be used in deciding what properties are assessed instead of driveway access to Keats. He
explained the water would be just as easily available to all the people on 57,h, 59m and 54'* 53m and
51s'. He expressed the desire to share the assessments more broadly. Some of these other
properties are closer than those located nnKeats Avenue. 8ealso stated that awell ischeaper than
the cost tnconnect and most ofthem are not going tnhook up.
CLOSE PUBLIC HEARING AT 8:43 P.M.
Council Member Park asked City Engineer GdOOoLnaddresoibepniotn[addiogthosoyroperdco10
the assessments. He responded that this h`Uovvs the cjt/s current assessment yo|icy. You are
identifying properties to the actual properties that can connect when the project is completed.
Including the other properties would require additional projects in order to connect,
Mayor Johnston expressed there have been many valid concerns raised and there is much work to
dobefore vvnbring this tnouassessment hearing.
Council K1ecobcr Emmons expressed his appreciation for the public's input, concern, and valid
cocunnauts. He expressed his understanding for the fact that the property owners' were potentially
being assessed for something they would not use orbenefit from.
Page 6of8
LAKE EKM0>CITY COUNCIL MINUTES
City Administrator Zuleger explained several assessment options, to not assess owners and spread
the costs across the entire city, the green acres principle assessing atthe sale nfthe property, and
assessing full amount when the property chooses to connect. He recommended moving the
plans/specifi cations portion along and further discussing the assessment options,
Council Member Pearson expressed his appreciation for the property owners' concerns and stated
the all current users are infact paying now tosupport the system. Beexpressed his hope that the
public realizes that the Council isconsidering the public's comments.
Mayor Johnston nnnvnd to approve RESOLUTION 2012-42 ORDERING IMPROVEMENTS AND
PREPARATION OF PLANS AND SPECIFICXTIONS FORK{EATSAVENQE NORTH MSA STREET AND
TRUNK WATERMAIN IMPROVEMENT. Council Member Park seconded the motion.
Council Member Emmons raised concerns about the project aodtbeiovcstmenthVrtbeproject area.
He asked whether this was the best place to invest the city's money at this time and inquired if the
City could look at other creative options that may cost less than one million dollars and vvnold
provide a more significant impact. He acknowledges the benefit but vv0u|d prefer o more
conservative option.
Mayor Johnston expressed this isaproject tbatresidcutshaveezprcosedoupportfor-coaoyvvbo
have felt they have been forgotten.
Council Member Smith explained when the comp plan was written it included many areas and was
designed for the entire dty'n benefit. She acknowledged that it is atousb decision, but all of the
options have been considered, and although she understood and even agreed with Council Member
Emmons' concerns, it is time to move forward with these projects. She also expressed her
appreciation for all n[the property owners and their concerns.
Council Member Park thanked City Engineer Griffin for his work on this project.
Council Member Pearson explained itisatough situation but not ntough decision. |tintime to
move onthis project.
Council Member Fnnnnoos expressed his appreciation for staffs work but reiterated the densities
are low to accommodate the infrastructure.
MOTION: Mayor Johnston moved to approve RESOLUTION 2012-42 ORDERING IMPROVEMENTS
AND PREPARATION OFyLANSAND SPECIFICATIONS FOR K5ATS AVENUE NORTH MSA STREET
AND TRUNK WATEUkMAIN IMPROVEMENT. Council Member Park seconded the motion. MOTION
PASSED 4-1/EMMO&0NA Y.
3-MINUTE RECESS
NEW BUSINESS
DISCUSSION ONLY ITEM: SALE OFINTERIM LIBRARY/ART CENTER BUILDING
Page 6of8
LAKE ELMO CITY COl0MJCXD MINUTES
OCTOBEDD 2 2KX12
City Administrator Zu|egerexplained that perhaps the building with its location near the Village
should be brought tothe Village Work Group for discussion on how to proceed. Mayor Johnston
explained the building was bought with Park money and we would need to understood the
ramifications ofthat inmoving forward with adecision, Council Member Smith concurred with the
plan to bring the discussion to the Village Work Group. Council K8ennbcr Emmons agreed the
land/site might bevaluable to the area. Council K4onnber 9caronu expressed we could rent it and
inquired about a previous arts study. Mayor Johnston responded that the findings were
inconclusive, but suggested that the arts interest was primarily in Stillwater, except by those from
Lake 8irno. Mayor Johnston suggested including the Art Center Board's input and the Library
Board's input. Council Member Smith suggested the Village Work Group discuss it attheir next
meeting. Council Member Pearson encouraged the decision happen in a timely fashion in the event
itcould berented out asearly aonext month.
SUMMARY REPORTS AND ANNOUNCEMENTS
Council Member Smith asked that politicking not take place atmeetings.
[Council Member Smith departed a19/25P.M.]
Council Member Emmons reported he was very impressed by the library and was encouraged by
the positive comments.
Council Member Park thanked the wonderful city staff for all oftheir hard work.
Cwmn«O Member Pearson reported he attended a\/Dlage Planning meeting, Greater Stillwater
Cbmoohcr of Commerce nucedug, and added the Library Board inquired about the potential and
merit o[hiring afull time librarian.
Mayor Johnston reported he attended the Gateway Corridor Policy Advisory Committee meeting,
K4abtonoedi School District Leadership rne*dog, the GEARS (the Grant Evaluation and Ranking
System Committee) meeting, and the Gateway Corridor meeting. Also, the Library Board meeting,
where they are making progress on the goals and vision for the library; Orientation for the
Metropolitan Parks and Open Space Commission, where they discussed the Lake Elmo Park Reserve
and the options available for the City's Parks Commission to become involved; The Mayor noted he
would like tubemore proactive inworking with the County onaccessing grant money for trails.
City Administrator Zmleger shared a report from Washington County 3berriO,s office for
September and out o[IZl stops, 93 were speed related. Twenty-six were Lake Elmo residents or
21.29b; working with Parks Commission nu Parks Usage Survey and developing atrail plan; meeting
with Oakdale on and Woodbury on inter -governmental and utility issues; detailing of work and staff
"laoe annignozeots" have been defined; Water Utility Inquiries/complaints: out o[l,0l1 customers,
266 customers or26.Z percent used over 7O,000gallons. Twenty-six have bills ovcc$1000 per
quarter. The tiered structure charges more for heavy users; Staff is looking at developing summer
watering rates; recruiting Humane Officer at the request of Woodbury shelter.
City Attorney Snyder deferred toexecutive session,
Page 7of0
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 2, 2012
City Engineer Griffin reported that in the comp plan the purpose of using conservation rates is to
eventually drive down the peak demand. MnDOT has tentatively scheduled an open house for
November 15 on the Hilton Trail Interchange project. MnDot will also attend the November 7
Council meeting to provide the project info.
Planning Director Klatt reported Damon Farber will join the Village Work Group and take a
walking tour through the Village; Planning Commission meeting rescheduled due to the holiday,
attended the American Planning Association conference; adjacent community review comments on
the comp plan are beginning to come in.
Finance Director Bendel reported most of her time has been spent on water billing and backing
up Tammy Omdahl.
MOTION: Council Member Emmons moved TO ADJOURN TO CLOSED SESSION PER ATTORNEY -
CLIENT PRIVELEGE TO DISCUSS PENDING LITIGATION/DETACHMENT HEARING APPEAL; Motion
seconded by Council Member Pearson. MOTION PASSED 4-0 at 9:48 P.M.
CLOSED SESSION TO DISCUSS DETACHMENT HEARING APPEAL
In attendance at closed session: Mayor Johnston, Council Members Emmons, Pearson and
Park, City Attorney Snyder and associate counsel, City Administrator Zuleger, and City Clerk
Thone.
ADJOURN: The closed session meeting adjourned at 10:08 P.M.
MEETING RECONVENED in open session to act on motion by Council Member Emmons TO CONTINUE
WITH APPEAL OF DETACHMENT AND MOVE TO COURT OF APPEALS. Motion seconded by Mayor
Johnston. MOTION PASSED 4-0
Adjourned open meeting at 10:09 P.M.
Sandie Thone, City Clerk
Page 8 of 8
LAKE ELMO CITY COUNCIL
Dean A. Johnston, Mayor
crryOF
TAKE FLMO
'IAMT.,...37022/ZZAR,alaa,
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
MAYOR AND COUNCIL COMMUNICATION
September 2012 Financial Reporting
Cathy Bendel, Finance Director
Dean Zuleger, City Administrator
Dean Zuleger, City Administrator
DATE: October 16, 2012
CONSENT
ITEM #:
MOTION
SUMMARY AND ACTION REQUESTED,: As part of its Consent Agenda, The City Council
is asked to accept the September 2012 Financial Reporting Packet. 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 operations and report the financial (unaudited)
statement to the City Council. City guidelines suggest the Council be updated on a regular basis.
STAFF REPORT: Attached please find a report for September reflecting the monthly detail
supporting the year to date actual results and comparing those results to the 2012 Budget.
The most significant variances are highlighted below:
Revenues:
Building Permit revenue to date has exceeded the full year budget by 23%. It is
anticipated that this trend will continue.
Heating Permit revenue to date has exceeded the full year budget by 61% and it is
anticipated that this trend will continue.
Plumbing Permit revenue to date has exceeded the full year budget by 81% and it is
anticipated that this trend will also continue.
Plan review fees continue to be strong with the new housing increased activity and on a
YTD basis are 71% above the full year budget.
Assessment searches to date continue to surpass budget due to the coordinated effort to
ensure all search request fees are received. The average of five searches each week
continues due to an increased volume of activity in the housing market.
Expenses:
All departments are at or well below their 75% of budget to date as all Departments continue to
strive to identify and implement any cost saving measures. A few key items to note:
• Some recurring expense items show zero for January which stands out. This is a result of
moving the expense back to December when the expense was incurred for year end.
• Unemployment Benefits and Workers Compensation are expensed as those benefits are
paid out to claimants. A workers compensation premium refund was received in July due
to lower salary dollars than estimated as well as in less costly rating classification codes.
• Although no contract services were budgeted for Administration, expenses were incurred
to cover the front desk prior to being fully staffed.
• The Finance Department also used contracted services to cover the Finance department
lack of full-time staff and is over budget in that category as a result. The contractor
services were primarily used to prepare for the annual Financial Audit.
• The Planning Department also uses a part-time contractor to cover the Planning Assistant
functions until a full-time staff person was hired. The new Planning Assistant is now on
staff full-time and it is anticipated that these services will no longer be needed.
• The Building Inspection Department contracted with the City of Hugo to provide support
until the new Inspector was hired. It is anticipated that these services will only be needed
to cover planned absences of the new Building Official.
RECOMMENDATION.: It is recommended that the City Council receive the September
monthly Financial Reporting Packet as part oftonight 's Consent Agenda.
Alternately, the City Council does have the authority to remove this item from the Consent
Agenda and further discuss and review.
ATTACHMENTS:
September Financial Reports
cx
DEPT 431- 011131,14' 5141111.45:5
31110 -1.441016 36461,s
FT k9166(66 127.251.90 7,157 93
PT Salanr6 12.573.00 481
1974'M I5:53 19
F147A 172.4142.012, F1,1170,00 425,81
5,5,56,5„. 69,6669 9415 11127 nr. 60.59
(-1,444122,22F 4ngram, 12.6574,944 45412 44
1 16,,i515 9 6,46 1344,, ( (WO
M'arlgar Cragargmiar 12.565 (10 S.92(4.96
500,0,) itoo
91Frm Farar9FM 1 910.49 (lag
9 ariggrag 1*Fra 1.9(91 OA 0 flit
ggadr, 4.(Taa carialm / Mail FM 009
v,,,,, r ,,tor tarfla gra 0.49.1
(grirmamar, 9rammr 5 (ari 04 (7.90
(-gram( MFairm r (Fag 94 6,66
T514454,366 6 (044(14 496.22
15.641k, 32711.00 0 09
131116,455r 104200 0 00
14.500.00 0.00
FiMagg ( fliiiig FF1 4a21 Vr 0.1,0
17e6(56 5. 66,64 56 307,82
1761434415,664 111.1 9 1911 66 9410
01451, sioint 5.451-4 0546 048,1r, a off
p4rninit.” l'g'73.7 Ayr( (91 0.645
5'6053046 1,675510 51..46
3,(300,f;8 303.25
Dm- 5 k.4539166656.5 150.011 11,00
124(4039466.555 .5 (4,94 4(7.- I ,n(K1 f K1 0 Oa
Cral,v 3 ,,,,.,-,- „.. 1,500.00 0,1)(1
-r.tAl Public, 7) 257.149.00 22.919.17
3129 F Fer 40 Sarm 166,56,9,4
364-693'i91(. 1141136a1
0,4110'
44 ,T445145 555654 12magram,
5(.11191rimg.
1.010 99
7,5 9,10 (10
7,3440 6.6
2,5410,00
81.090.011
0.00
17.54
152.4(7
014'
9 00
04.1
69,93
0.00
4400
4)00
9,011
0,00
1M05.,13
Q.1113
125.42
561.91
1,56.12
2,555410
(4219
un
213.9.7
54,59
32.511
0.110
(41.35
45.00
11595
1(67 40
Oyu
6.00
COO
17,724.69
107,51
7,391))
FF1.011
0 00
156 7"
5156
411.00
0 M1
11.011
19,181,76
1,112,-1 41
196.02
15.16
4100
11.00
0,00
2.012.31
0 06
20,7.51 254
Farm
5570.43
21,111.1/
9,669,19
nri
701746
361.07
1(71
2.590 10
(30;
0.141
53,12
101,32
43 65
0.00
.1251.1
202256
30.55
684 ,i2
0319
41 00
1100
74132 63
207 67
160.69
0.00
0310
87.92
((39,79)
(1.011
107
500
17,149239
5.611.21
0,19
694.47
757.66
130,49
2.590.1,7
0 (a)
0,00
0,nn
145.70
0 ft')
9561
65,19
917.50
105.95
511 .50
1199
000
900
2,4111.95
207.152
160,09
0,60
58.63
65.01
0540
0.00
0 90
17.935,811
91.22 5.20641
n(y) 220 30
0.00 577.02
9,011 0.0(9
0.00 515.00
41741 0 9(4
91,22 9,318.9.7
0,07 7.45
07)11 (1.410
().171 000
4141 141 4,11.00
991.04 4411.45
14,796.07
9 41)
1,072 75
658 57
200.50
2.500.10
0 110
0.00
0,01)
(1.1X1
0,00
0 00
52..16
(300
242.15
677.05
0.110
141.40
0.09
761572
201.142
141011
0.00
171,37
0.00
0.00
0.00
(1.00
21,90004
1,717,50
411.21
1.232.39
9.10
0210
9110
9.3 16,1
1.S.414
16,413.10
0,00
0.00
16.5:T1.72
19100505 9,611.32 9100.36 104036 74 99.959 ill 71_374
900 9.00 0.00 0140 9.60 19.1107
7,17503 60423 695 50 727.71 6.551.81 64,9555
557.66 557416 551470 593.96 5,273,45 6044255
137,41 130.44 130 05 196.60 5233331 6044454
2.590 19 2.516.10 2,.501 111 4.59n 10 25,463 21 0 91'4
11(1.1 0.00 0,00 (1.01) 100 0,6056
9,09 (1,71557) 0.60 0.011 7.1197,513 5.5.71'4
0150 0610 776.50 0.00 1,1313.55 298.1/54
14.5 90 0440 29.73 255.1,5 735 30 9.9051
(491) (7,88 22,26 )6 11 174.62 6 97794
LI 00 9 (39 0110 090 11.00 6.1(40.,
9 PO 000 100 69 (I 00 40.711 41.111157,
1 „192.00 945.450 270.01 0.60 5,172.00 14. WO%
759,70 251450 177.675 1)00 1,199.33 19.1254
233.71 1,5151.91 915 17 7.57.66 6.684.03 83,5577
14.011 000 6,38494 195,93 4,,653 86 2194.6277
0.01/ 0241 0.(79 n10 9.09 0.9077
20,239.35 0,(9) 0 00 (400 20,276.46 139.9477
515,27 435.10 419 27 ‚19820 0,994.50 49,3913
2,1752 197.,S2 207.52 (1110 1,962.56 413. I 374
37( 79 0.00 177,77 46169 2,160.23 72.01%
15,014.14 149,75 3 3.3.8 0543 15,137.550 91431 369;
47/ 0,,,0 324,21 1771 400.19 5. 699;
314.19 9,5,19 193.93 9531 1.202.33 11 75'Fa
0 1F1,1 146.19 35,44 0,00 .12105 42.31519
9.10 1599 23.00 0.90 84 00 56.6214
0.09 (560 0 00 0111 0,110 0.6011.1,
0210 .5,436.411 0,00 0,00 6,436.40 * 72 4956
55,(914.56 21,017,31 23,964.96 16.337.33 113393.45 75.3156
900
,700
5(0(404
S21.36
9.09
1,9111.97
1,758.11
344)1
433,ni
0 On
13540
0,0n
1,790.13
00 071()
0.00 0,011
0.00 4..4FF2,50
17 4,01 401 54
121,09 4,034.06
4,399.11
525.8S
21250
909
I 4411 (10
572.3U
5,599,17
cn
4 49
1.676.69
0,11(1
111676
71.00
2,597,44
0 00 61 13
11.011 0.037
ri al/ 900
110 3609
0.00 1110.74
15,019.77 55 21^:,
1.109.64 14.8977
17,394,47 44.967,7
0.0077
4136/4.65 1755";
312.39 71554
14,405.10 14.0114
(F42139,20)
(12.573 00/
(5,5571,191
c1,394 S5)
(795.(01(
(7,2 F1)2/6
0.0n
(5.)57.17i
543.57
(1,063 40,
11,675.,75)
40046,37
0,(9(,27)
4372210
c4„Nin,o)
(I,315.151
5,253.86
5,776.35
4,065.501
(315441
(839.774
17.65750
(4.099 61)
(172.61)
(576 95)
(63.00)
(2,06,1691
(70,913.531
(12.960.23)
(6,)90.36)
(6k95,131
carrat (92`
01,132 afo
(7,3121:14')
(47,314.901
110,06 114077 (594.94)
56.740.57 3747974 03,239.43)
43122.50 59.105, (3450.511)
2,551.75 I 14.0714 351.75
44,114.08 54.49'4 (56,1015.12)
3169 5 811561 1 ;jetting
S'!,41 1 ightag( 24,50(1110 0.00 2,0115.1.1 7.100 1.1 2,175.77 2,04543 2,017,26 25(49652 21152.48 2.135151 16.4111.65 68(7 11 65,463,35
/900 544661 3ih'o 24,990,98 MOO 2,085.44 2,201738 1,175.77 2.744.43 2,017.76 2,067.02 2,081.48 1,175.85 16.511.66 68.6173 (7.683343
3100 F !Zia.* ((fog
11(2222(mg Fairrarg
F1Fg--1.9(m
F imaellaram-
121(9 19 mg r1Fni(
3.301/511 0 00 0 (19
1 0191.09 0.210 0 00
6.5 911,01) 0 (11/ 0,01)
11.0110.9a 0.011 0,0(1
261 III 5,00
0.011 0 0(1
0(9 2,f000t,
264,49 9,500.09
2,146,92
0.021
0 00
2,146.42
32515 -1569 Program
CrIrrag rar ,F,0110_,01,1 02111_ 0.00 512530 J921.50 425.00
1`64,51Trtr Program 5.000.00 ma 019 52 2.$11 457,50 025.00
19191141141(
0.370
(3,370
165,1L
10472
ft 00 0110 0110 2.40.51
0110 0,09 9.011 0.00
titl /is (',00 0.00 1(3369.72
7,500210 0210 11,011 / 2,776.24
1,550 aJA, 519.78
4.550.80 0 fin 89,78 960.75
481.74900 1.3,099,49., 44.417.22 11,205.76 29./35343 __...7764074.1031 SI 5,60 37.571782
aefitrai dm+ ter 'd for 2111F Work (259614 30649
n by 3394 CV
inrIttgad 4 and-oping,Prg) 1-t- !IF. Cr'
AS.7955 (1,092,411t
0,0054 (1 1664
139 5255 9.868 72 Irrloaa grra (or ?111 I
98.9677 (917.76)
4,125.5) 82.5116 074 477,
4,125511 855155 (574,47)
6611797 :.,416,1A1_?31:144,3
PEP 450 4 CULTGRF. RF(14)'44T1004
5290 . P3rks & 1199,69066
ET .5914699 9906-6(61 6.697,47 5.651.64 4.517779 5.915,41 9.41,0,29 6,661 11 5,051.98 4,945 46 .4,262.51 49,619,96 41 41916 ,,75,541 04)
PT 15A14999 60,591.00 961,04 756 06 0.09 679,79 3,605.01 4,398,67 2,4,76,02 3,941.21 4562 7s 20)379.1 4 66.71 4,- (10,171 461
PERA 199992991,11 1.6. 7...t91 2.36,24 464,12 4999 261 491613 767 41 643,61 211.54 452,10 .1"? 97 4,434,29 56.274; (3,1,1)12/
A:140 DA 775.71 361.79 32700 693.129 670,00 610.45 56999 539 '1 422.24 4,193.61 54-31'3 (2,510.30i
' 46-44 '444. 4-`,.,0444.044,4 1.576.1.9) 64.60 99.26 76.45 92.06 156,79 142,7A 116,29 126 00 101,10 9412.14 62.327.4, 1597.867
11,11671,999 11,71,1 r 1? 76,, tier 1 ,50Y1 115 97(1,97 97097 91)? 97 979,97 970.97 970.97 970.97 970,97 9.571,14 0.00"; 13,6196.66 i
( 6,9,91-9091-9 1969916.9 0.09 OSA 900 0,69 0.00 0,00. 0410 0.0,4 i)11.0 0,00 0,92 0.00% 6 00
1699999 (19999999,1199 16112...110 3,138,60 0,00 9110 11,141 11( 10 lull t13 i 3 ASI 901 000 2)520.12 31 507, 0,(10j 94) Rcfund OD* ,544 fo- 20 II wo,
1 ' 040464 6+114,410 9,011 1".111/ 0410 0 00 9,00 u.o7 0.0,1 2, 97 62 7,9 111.46 14 .5 5'9, (5)264)
13011.613 0.011 11.0l1 POO 67_61 1 eo.;‘9 o.o 4.20 roo o 00 1414.02 ON% 1641.941
F1,11199,9 649' 7, cm 911 (79)2 0.00 090 139.16 539 14 346.54 921.67 171.12 259.112 2,252 77 91.41 I % i947.29
11,111417 31 iv i3 4l0ix1i,..... 5074(41 0.(7) 6_06 200 000 0,00 0.01 0.19 000 000 0 110 0.001,4 (400,004
COO 1??') i} flq 11.4;0 144.15 (41?) CI W 22496 47 :i4A. 7.5 2,661.57 9...6 0506 (146.43)
Smail T6616 499 61690- 11991r 1.9:6/ 00 9.011 0.00 000 4196 24.7, 63.93 0.09 491 50 0.00 624.37 9.0064 1275.63)
1916;9,99 550.09 0.01. 115.90 193,46 69,69 49. 119 49 61 10234 KA 63 14.47,36 760,02 170 0064. 216 02
5971en%, 1 VIOri 11.191 1197) (1.0(1 0,00 0 (10 (1,01 0,09 9110 L1.110 0.06 0.00^ (1006101
17 -'437,46 6. 4-,614) INI 9.00 0,01) 1100 0.09 n 00 3,164.00 090 900 0.00 1.364 00 fi, 2-5'4, ,1 ,,,,,,e1,
4410,4046444,114134 9,5011,90 OA 961311 1A9 66 140,74 654.99 374.12 793 46 741.18 1096.611 5.427_19 62.,1974 13,672.61
9997Fe 150090 2.09.62 2171 42 297 K2 207.92 59282 207.32 209,92 246,43 9.00 1,70119 661.0.69; (9961.411
T191411: 914999199 7090) l' 00 9.60 16.01 9691 0.1.10 102,99 0,00 1691.19 11110 31,2116 63.117, (384 12)
9 19,6911999 ',"74' 111,1g, 4040-41)ft a(10 090 1') 00 20.11 524 )3 1,2)6 15 471,34 652.31 365.2N 1,265.12 741.397e 1744.25)
0ri,"`3irl: r :,..”)- Ipon flf: i1,011 000 71 On ,1.09 0,00 74.95 44.140 ((.1) 0 00 24.95 1.151.9 11,977.021
6,9,1 n,1i(4irp .4.96111 Oft 009 1.22.6$ 61 129 111-29 4546 13 009 1.341.40 60419 674.19 4,4440.75 45 34N 1659,75)
'. .,,,,,,,, 730,00 ((..0Q k7.1)(1 0.90 0,00 0.00 0990 11.90 0.110 6/1,62 68 52 9.1,111-4 9461 441
...............
To140 r:Larks a97 149099,169 120,10,900 10,624.58 9,72189 .435514.56 9,507.54 16,7101,77 104150.93 14,664.97 16.651494 11,453.29 116,932413 63.21650 166.17047)
DEPT 460 - COND. 504 12,411.140 76' 0 0 1. n o o 4) 0 0.00 0.0074, 413.411390
DEPT 4443 0111 Fl NAN44 44.44"; 1960646146 9,96 (1 1 1, 1/ o.00 o.co%
GRAND TO 1',1., ALL DEpTs 3,901,0416.4034 92,640.75 24237,)44 4_17141.4494,94" 46 099.2 1117,966.6- 269.459.29 2,074.28 440,74237 4.5,14444406„ 7714,1,913,56 61.06% 11,211.6644951
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/16/2012
CONSENT
ITEM #: 3
MOTION Consent Agenda
AGENDA ITEM: Year to Date Permit Report
SUBMITTED BY: Rick Chase, Building Official
THROUGH: Rick Chase, Building Official
REVIEWED BY: Cathy Bendel, Finance Director
SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council
is asked to accept the monthly permit report. No specific motion is needed, as this is
recommended to be part of the overall approval of the Consent Agenda.
STAFF REPORT: Below are some key statistics for Jan 1-September 30:
2012 2011
Total building permits: 238 290
(Ice and water damage repair) (72)
New homes 24* 17
Total valuation $10,836,112 $7,640,800
Avg home value $451,504 $449,459
*Please note that in 2012 there was one house valued at $1,2 million. Without that house, the
average home value in 2012 was S418,961 which portrays a more accurate comparative.
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/16/2012
CONSENT
ITEM #: 4
MOTION Consent Agenda
AGENDA ITEM: Approve Disbursements in the Amount of S589,321.72
SUBMITTED BY: Cathy Bendel. Finance Director
REVIEWED BY: Dean Zuleger, City Administrator
SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda. the City Council
is asked to approve disbursements in the amount of $589,321.72. No specific motion is needed,
as this is recommended to he 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.
Claim # Amount Description
ACH S 9,444.97 Payroll Taxes to IRS & MN Revenue 10/4/2012
ACH $ 5,086.85 Payroll Retirement to PERA 10/4/12
DD4218 — DD4256 S 30,317.28 Payroll Dated 10/4/12 (Direct Deposit)
39024 $ 1,603.67 Payroll Dated 10/4/2012 (Payroll Paper Checks)
39025-39028 $ 6,479.61 Accounts Payable Manual 10/4/12
39029-39071 S 536,149.34 Accounts Payable Dated 10/16/12
1593-1596 S 240.00 Accounts Payable 10/16/12 (Library Checks)
TOTAL S5 9,321.72
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 S589.321.72.
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 October 16, 2012, Disbursements as
Presented land modified] herein."
ATTACHMENTS:
. Accounts Payable Dated 10/16/2012
SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda):
Questions from Council to Staff ........... ...... ............. ..... .......... Mayor Facilitates
Call for Motion ................ ..... ..... ......................... ......... Mayor & City Council
Discussion ....... ...... ......................... ....... . ........ ............ ..... Mayor & City Council
Action on Motion .................... ...... ........ ..... ....... ........ Mayor Facilitates
Accounts Payable
To Be Paid Proof List
l:cser; joatt ;
Printed: I 0/02/20 1 2 - 2.5 c) PM
Batch: 002-10-20 12
invoice Inv a
Amount Quantity Pint Date Description Reference Task Type PO # Close POLitie
FOCUS Focie; Engineering. Inc.
333 09/03/2012 1,221.50 0.00 I 0/04/20 I 2 201 1 Street & Water Quality No 0000
4.18-480-8000-43030 Engineering Services linpmventents
333 Total: 1.221,50
FOCUS Total: 1.22E50
S 1 ANTEC Sioulec 0)115111161v, Services
1)6/16/2012 06/26/2012
4 19-480-8000-43030 Engineering Services
06/26/2012 rotal:
S IAN] EC oral:
4,825.93 0.00 10104/2012 2012 Street & Water Quality
finproveincnts
4,8)5.93
4,825.93
Report oral: 6,0,17.43
AP To 13c. Paid Proof I. ist t 10;02/12 - 2:5') PM )
No 0000
Page 1
Accounts Payable
To Be Paid Proof List
loan1
Primed: 1070472012 - 2:50 PM
lintel): 003-10-2012
invoice it
lily Pate
Amount Quantity Pint Date Description Reference Task TYPe PO tt Close POLine
CENTURNT, Century!. ink
1070472012 10704/2012 120.23 0.00 10/04/2012 Phone Service - Library No 0000
206-450-5300-43210 Telephone
107040012 10704/2012 35,95 0,00 10/04/2012 Internet Service - Library No 0000
206-45(1-5300_13250 (memo
10/04/2012 Total', 156,18
CENTURY L. Total: 156,18
WAS11-REC Washington County
i Q01 06/26/2012 276.00 0.00 10/0412012 Rain Gardens .,19. reemenls No 000U
603-496-9500-44300 Nliscel laneol is F....xpcoses
1901 Total: 276.00
WASH-REC Total: 276,00
14Tort 432.18
AP 'io 13e Paid Proof List (10704/12 - 250 I'M )
t'al,,c 1
Accounts Payable
To Be Paid Proof List
tier: jowl z
Printed: 10/1 112012 - 8:.58 AM
Balch; 005-10-2012
Invoice f/
lov Date
A IRGA S Airgas North Central
904602320 10/01/2012
101-430-3100-43150 Contrail Services
904602320 Totals
AMC:3AS Total:
ALLIED Ail ied Electrical Cont., Inc.
330 7 09.'2412(112
204-450-5200-42000 Office Supplies
3307 09/24211)1 2
101-430-3100-44300 !VI keellatieou
3307 "Iota]:
ALLIED Total:
Amount Quantity Platt Date Description Reference Task Type PO t/ Close POLine
25,07 0.00 1 011 6!")0 12 02 CO2 Tan kiM intcnance lease
25„07
25,07
4.767.00 0.00 10/16/2012 Portabel power to Generator (LE Days) -
250,00 0,00 10/16/2012 50 Amp Circuit Public Works Addition
2,0)7.00
2,017,0(1
No 0000
No 000(1
No 0000
ANCONI ANCUM COMMUNICATIONS, INC.
31 123 08/07/2012 I 05.00 0.00 I 0116/2012 Pager Repair No 0000
101-420-2220-43230 Radio
31 123 Total: 105.00
ANCOM Total: 105.00
ARAM Aramark, Inc.
629-7589743 091271201 2 23:79 0,00 10/16/2012 l in ifonns No 0000
101-430-3100-44170 Uniforms
629-7589743 Total: 23.79
629-7591519 10/1012012 156.02 0.00 10/16/2012 Monthly rug Service Station #2 No 0000
101-420-2220-14010 RepairsiMaini Bldg
6:20- 759 I 5 1 9 Torok 156.02
679-759 15-? 1 10/10/2012 154,25 0,00 I 0/16/2012 Monthly mu Service Station 1(-1 No 0000
101-420-2220-1010 Repairs.'Maint Bldg
629-7591521 1 owl: 154.25
620-7594494 10/04/20 I 2 73.78 0.00 10;16/2012 Uniforms No tn
101)
101-430-3100-44 170 Uniforms
- - - -
AP - To Be Paid Proof' List (10/1 1/12 - 8:58 .A.M) Page 1
I,itic ti 1111 Dale
Amount Ottani:4 Pun Date Descriplion Reference Task Type PO g Close POLine
629-7594194 Total:
ARAM 'Total:
0.4 rryil. Batteries Plus Woodbury, Corp
032-760130 1041)12012
101-430-3120-44040 RepaIrAtoint Eqpt
032-760130 Total:
BATT-NTT: Total:
CA RQUEST Car Quest Auto Parts
2055-270853 001270011
101 -430-3100-42210 Equipment Parts
2055-27(1853 Total:
CARQUEST Total:
CON1P [NSA Compenntion Consultants. Ltd
Oct 2012 09,05/2012
101-410-1320-44300 Miscellaneous
Oct 2012 Total:
COMPENSA Total:
C1111 LOOM City of Bloomington
Sept 2012 09/28/2017
601-494-9400-42270 Utility System Maintenance.
Sept 2012 'Total:
CTYBLOOM Totul:
CIVIOSEV City of loseville
216527 1 II07/2012
101-110-1450-43 I 81 / Information 'Technology:Veil
2I 65 >7 Total:
CTY1(USEV Total:
ENV Evi 8 ENVENT1S
738507 10,4)112012
101-410-1940-43210 Iclephratt::
738507 Tool:
EN V ENT1S Total:
73,78
357.84
113,75 0.00 101 6/2012 Wood Chipper Pottery
112.75
112.75
383,41 0.00 101612012 Equipment AiriOiliFuel Filters
383.41
383.41
40.00 0,00 10/16/2012 Monthly ESA Admin tee - October
2012
40.00
40,00
30.1)0 0.00 10/16/2012 Lab Bacteria Tests
30,00
30.00
1,652,08 0.00 10/16/2012 Monthly IT Services - October 2012
1,652.08
I ,653.08
541,59 0.00 10.'16/2012 Telephone/Data Service CH Sept
2012
541.59
541.59
No 0000
No 0000
No ORO
No 0000
No 0000
No 0000
AP - To 0e Paid Prool List- (10/1 IS 12. - 8:58 AM) Pape 2
Invoice # Inv Date
FERGLISON Ferguson Waterworks, Inc.
S01305124.001 10/01/2012
601-494-9400-42300 Water Meters & Supplies
S01395124 001 Total:
FERGUSON 1 owl:
FR/RI TEO Fiorillo Alegan
10,022012 10710/2012
I 01-4 10-1450-43620 Cable Operations
I 0412/2012 Total:
FIORILLO Total:
FOCUS Focus Engineering, Inc.
343 & 344 10,01/2012
I 01-4 1 (I- 1930-4 3030 Engineering Services
343 & 344 10/01/2012
1(9 -410- 10 0-430 30 Engineering Services
343 & 344 Total:
345 10/01/2012
10 I -420-2400-43030 Engineering
345 10/01 12012
10 1 -4 10- 19 1 0-43030 Engineering Services
345 10f0112012
404-480-81100-4 3030 Engineering Services
3,15 10/0112012
1 01-430-3 I 00-43030 Engiuee.ring Services
345 10./01/2012
60 I --194-9400-43030 Engineering Services
345 10/01"2012
602,495_9450-43030 Engineering Services
345 10101 /2012
603-496-95((0-43030 Engineering Services
345 1 oral:
346 1041112012
409-480-8000-43030 Engineering Services'
340 10/0112012
409-480-8000-43030 Engiiiccrhio Services
346 I 0i01/20 1 2
409-480-8000-43030 Engineering Set -vices
346 10/01 /2012
409-480-S000-43030 Engineering So -vices
346 10/01'2012
409-4 80-8000-43030 Engineering Services
AP To De Paid Proof' List tl WI 1 /12 - 8:5S AM)
11
Amount Quantity Pint Date Description Reference Task Type PO it Close
2.376,03
2,376,03
'7,376,03
55.00
55.00
55.00
6,817,89
45.00
6,862.89
1,5(17.51) 0.00
3,297.64 0.00
45.00 0,00
2,757.50 0,00 10/16/2012
2,546.00 0.00 I 0/ I 6/20 2
428,50 0.00 1 0/ 6// 0 1 2
679.82 0.00 I 16,'2012
,261.96
1,144.50 0,00 !Oil 6/2012 Street Maintenance
1,739.39 0.00 1 Of 16/2012
566.50 0.00 10/16/2012
88.50 0.00 10116/2012
732,00 0.00 10/160012
0.00 10/1612012 New Meters
0,00 I 0116/2012 10/2/12 Cable Operator
0.00 10116/2012 General ,Engineering
0,00 I 0/ 16/20 1 2 General Engineering
10/16/2012 General Engineering - VRA
10/16/2012 General Engineering - VRA
10/16/2(112 General Engineering - VRA
General Engineering VRA
General Engineering - VRA
General Engineering - VRA
General Engineering - VRA
Transportation & raffle Systems
2012 Seal Coal Project
Trunk Hwy 36 Corridor Planning
Wash Cty Demo Trail Reclamation
No
No
0000
00(10
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
00(TO
No 0000
No 0000
Page 3
)(1 voice 4 lity Daft,
346 1041111012
409-4 80-8000,43030 Engineering Services
346 Total:
347 10.411/2012
400-4 80-8000-43030 Engineering Services
347 Total:
348 10/0 11)012
1(19-480-8O04311M Engineering Services
348 Total:
349 10/01 /2012
418-480-S000-43030 Engineering Scr‘ ices
349 10101t7012
42ft-480-8000-4 3030 Engineering Services
349 Total,'
351 [0.411:2012
601-194-94 -43030 Engineering Services
351 iota!:
352 10101;2012
60 1 -494-94110-43030 Engineering Services
352 Total:
353 10!0I/2012
60 1 -404-9400-13030 Engineering Services
353 Total:
354 1 0/0 10_0 1 2
419-480-8000-43030 Engineering Services
354 Total:
355 104/1 /2012
400-480-8000-43030 Engineering Services
355 Total:
356 10/01/2012
60 1 -404-9400-43030 Engineering Services
356 '1 mai:
357 10411/2012
601-494-940(44303(1 Engineering Services
357 Tont:
10(71.1S Total:
Amount Quantity Pint Dale Description Reference
319.00 0.00 10/16/2012 MN Dot Hiltm ge
4,089,89
745,00
0,00 1 Oil 6/2012 1)evelopittent - Whistling Valley III
745,00
180.00 0.00 10/16;2012 Development - Sanctuary
I 8(1.00
865.05 0,00 10/16/20 I 2 2011 Street & Water Quality
378.00 0,00 'oil 6/2012 10th Street Infrastructure
TaSIS Type PO 4 Close P()1...iite It
No 0000
No 0000
No 0000
No 0000
No 000(1
1.243.65
31 7.50 0.00 10/16/2012 Supply Well & Pumpluitise 4 No 0000
3 1'7.50
737.64 0.00 10/16/2012 3M Litigation No 0000
737,64
708.00 0.00 10/16/2012 Keats Are MSA & Trunk Main Peas No 0000
798.00
10,543.40 0,00 10/1 6f2012 Demontreville Highlands Street Improv No 01100
20,543.40
327,50 0.00 6/2(112 Olson Lake Trull Sewer Extension No 0000
3)7,50
53 7.00 000 10716/2012 Inwood Ave Trunk Watcrmain No 0000
5.37,00
1 18.110 0„00 11)/16/2(.112 Water System Design Phase No 0000
118,00
47,762.43
HARDDR1 Harddrivo,
Pay Rey #2 10/11)12012 388,440.73
4 0..4g000 1.531111 Improvements Other Than 13 ltlgs
Pay Reg 772 Total: 388,4419.73
HARDDR1V Total: 388,449,73
0,00 I WI 6/2012 20 I 2 Strcel & Water Quality In ip 42
No 0000
AP - lo Be Paid Proof List t 1 CH i 12 - 8:5R Afv1) Page 4
Invoice #
Inv Date ,k mount Quantity Pint Date Description Reference Task L ype l'( # (lose l'OLine #
JOHNSON& Johnson & Tunter Attorneys
Oc1 1? 100S:2012 715,0(1
101-4 10-1320-43(140 I_ egal Services
Oct 12 10108;2.012 4.250.00
10 I -42o-2 1 50 -13045 Attorney Criminal
Oct 12 10;08/2012 839.00
101-4 10-1320-43040 Legal Services
Oct 12 0108120 12 313.00
60 I -491-9400-43040 Legal Services
Oct 12 TotaT. 6,1 17,00
.1(.4 INSUN& 6,1 1 7.00
(1 MO I (1 i 1 61)012 Legal Services - Civil No 0000
0.00 l WI 6/20 I 2 Legal Sen:ices - Prosecution No 0000
0.00 10/1 6/2012 Legal Sc.rvices - Detachment Petition No 0000
0,00 I 0/1612012 Legal Services - 3M No 11000
COOKT„IP Cooke Company
200376 09/17;2012 174,-15 0.00 10/16/2012 Stamps - Buildimi! Dept
0 -120.2,100-4200 (Alice Supplies
20037(i -rottlf. 174.45
jp cooKE Total: 1 /4.45
No 0000
K I A{ 1' Klatt Kyle
I Oil 0/17 10/10;2012 10.5.81 OJAI I 0/16/2012 Lodging - MNAPA Conference No (1000
101,-110-1910-44370 Conferences S.: Urainine
10i10112 10/10001 2 138.19 0.00 10/16/2012 Lodging - MNAPA Conference No 11000
101-4 I 0- 1()10-44370 Conferences & Training
i0.10/12 10/1012012 173.16 0.00 10/16/2012 Mileage Reimb for MNAPA No 0000
101-110-1910-43310 111ileage Conference
101101.12 Total: 417.16
KLA-ri- Total: 41 7.16
L.FOIL Lake Elmo OIL Inc,
09;3072017 09/30/2012 307.87 0.00 10/1612012 Fuel No 0000
101-420-2220-42 I 20 Fuel, Oil and Fluids
09/30/201 Total: 367.87
LEOIL Total: 367.87
IFF LAT. Elmo Fire, Relief Assn,
10/9;201 -) 1 0/09/20 1 2 37.323,50 0.00 I Of16/20 I 2 Fite State Aid No 0000
101 -420-2250-14920 Fire State Aid
10/9/201 / Total: 37,323.50
LERELIET Total: 37,323.50
AP - To Be Paid Proof List 110/1 1/12 - 8:58 AM i Page 5
1 itvnice I lily Date
Antolini Quantity Pmt Dote Description Deference Task Type PO 0 Close POLine ft
Lillie Newspapers Inc, Lillie Sulturhan
7148 01101201 2
2(11-150-52(10-41431.10 liseettuneous
7148 -Fotal:
Lillie Total:
720.00 0.00 10/16/2012 Lake Limo Days Ad
720,00
720,i/0
Nn OW 10
LOT et. Companies,
1465047 10101/2012 461,50 0,00 10/16/2012 Copy overage & 13ase - Sept 2012 0000
101_110_ 9.40-14040 RepairsAlaint Contractual Eqpt
1465047 Total: 461.50
LOH-- Total: 461.50
NIA DDN1N MADD !Minnesota
NFICP17002 09/25/20 1 "/
1 1 -4M-2220-42090 Fire Prevention
NI ICP1002 Total:
ADDm N 'Fotal:
150.00 f 1,00 I Oil 0/20 2 Crash Car
150,00
151).00
No 0000
MARAIS Marv's Profeqs,:ional Tools
253378 10/04/2012 239.28 0,00 10/16/2012 Misc tools, wrenches and Caliper No 0000
I 01-430-31 00-42400 Small 'Fools & Minor Equipment
253378 Total: 239.18
MARVS Total; 239 28
MENARDSO Menards - Oakdale
389 1 119141/21112 5.44 U.110 1 0/ 10/201 2 Round White Toilet Seat No 0000
101-4 I 0- 1940-42230 Building Repair Supplies
3891 Tota(: 5.44
MENAII)S0 Total: 5.44
C'04.1 !Metropolitan Conned
1000373 0940.5120 1 2
602-495-9450-1.3820 Sewer lJ6Flv - Ille1 Council
1000373 Total;
F.:.1-COU "{War.
NATIONAL National Mailbo,xes
165973 08/2800 I
21.16-450-5300-45800 Other Equipment
105973 Total:
AP - Fo Be Paid Proof' List ( (0i 1 1 /12 - 8:58 AM)
1,081,28 0.00 10/1612012 Monthly Wastewater Service - Oct
2012
1.081.28
1,081,28
653.50 0.00 10116/2012 Collection 13ox for Library
653.50
No 0000
No 0000
Page 6
Invoice 0
Inv Date
Amount Quantity lint Date Description Reference
NATIONAL Ioa0 653.50
Task Type P0 # Close 11Thilie #
NORTHSEC Northland Securities, Inc.
3056 10/09r/012 3,440.00 0.00 10/1612012 Financial Planning - Utility 17.'40c-1-prises No 0000
601 -494-9400-43 150 Contract Services
30.56 Total: 3,44 ( ).00
NORTIISEC 1 otal: 3,4410,00
Nowil rroo Hs RC Business Solutions
569735 10"01/2012 390.23 0.00 10,16;2012 Wash bay and Outside pressure hoses No 0000
in I -430-3100-44010 RerahN/N lain( Bldg
569735 10701/2012 79.99 0.00 10/1 612012 Measuring Wheel - Bldg Dept No 0000
101-420-2400-44300 N1 iscellaneous
569735 'Folal: 47(1,22
NORT1111)0 Tod!: 470.22
ONI/CALL Gopher State (Inc Call
47249 1010112012 203.30 0.00 10116/2012 Line Locates - September 2012 No 0000
101-130-3 1110-43150 Contract Services
47249 Total: 203,30
ON FCALL Total: 203.30
PrIN IA Pitney Bowes
395650 0/031201 240,33 0,00 I Oi I 6/2012 Postage Machine Rental No 0000
10 1 —1-10-1940-44010 Rcpairs,Alaint Contractual Bldg
395650 Torah 240.33
Pll NEY Total: 240,33
R01 AMITE. Lake Elmo Rotary Club
4th Quarter 10/01,2012 125.00 0.00 10/16/201 2 Membership dues - City Administrator No 0000
101 -41 0,, 1320-4.1330 Dues & Subscriptions
lth Quarter Total: 125.00
ROTARVI.F Total; 125.00
RVAN11.1.4N1 Ryan Plumbing& Heating Co
08/2/2111 2 08/28!20 1 2 570,00 0,00 10/1612012 Maintenance on Boiler System No 0000
10 1 -4 I 0- 1940,440 10 Repoirs;Maint Contractual 131dg
OS/28/2012 Total: 570.00
AP - lo Be Paid Prool List t 1(1/1 1/12 - 8:58 AM) Puge 7
[UV Date
1.4tV4900,
Amount Quantity Pint Dote Description Deference Task Type VO 11 ("lose POLine
RYAN PLIJN1 ToWI:
570.00
Sli I SI-11 International
B00768802 09.'171)012 1,189.09
101-410-M50-4318(i Information Technology/ \Vet)
1300768892 1,189.09
S[11 "Fowl: 1,189.1)9
SW/WC SW/ \VC Service ('operatives
1111/ I 2 09/20'2012
101_000_0000-21706 Medical Insurance
11/112 Total:
SW/WC Total:
0.tio 10/10120 12 Soil ware for Taxpayer Services
24,027.00 0.00 10/16,2012 November 2012 Premiums
24,027.00
24,027,90
No 0000
No 0000
`PASCH T.A. Schilsky & Sons Inc
53970 09/25.12012 334.01 0.00 10/16/2012 Asphalt - No 0000
101-430-3120-42240 Street Nlaintenniire Materials
53970 total: 334.01
54014 10/02/2012 72.41 0,00 10/16/2012 Asphalt No 0000
101-430-3420-42240 Street Maintenance Materials
54014 Total: 72A I
TASCH Total: 406.42
THONESAN Thane Sandie
0w07/2012 09/07/2012
101-410-1320-44370 Conferences & Training
09417/2012 Total:
If ION ['SAN Total:
470.00 0,00 10/16/2012 Tuition Reimbursement
470.00
470.00
No 0000
TOWNCTRY Town & Country Cleaning Co
11112661 10101/2012 245.81 0.00 10/16/2012 October Janitorial Services No 0000
101-420-2220-44010 Repairs[Maint Bldg
1012661 Total: 245.81
1012777 10;0;2017 241,03 OJAI 10/16/2(112 October Janitorial Service - Libray No 0000
200-450-5300-44010 lepairs:Moint Bldg
1012777 Total: 241.03
ToWNCTRY 486.84
AP -111 Be Paid Pion( List (/12 - 8:5R AM) Page 5
Inv oic e
Ittv Date AIII01111( tuaiity P1111 Date Description deference lash. Type PO tt (lose l')Line
VISA]. E411 VISA
8040 10101 /2012
I 01-4 90-24(10-42000 °Rico SuiTtic5
8040 10101/2012
101-4 10-1450-44370 ConLerenees & Training
$040 1 WO 1 i 2 0 I 2
101-4 911-24110-44350 Books
8040 10/01/2012
2041-450-5200-42000 Office Supplies
R040 1010112019
904-450-5200-42000 Office Supplies
8040 Total:
VISA L.E40 1 otak
WAsliAcc wash ingion County
10/0112012 10/10/2012
101-4 10-1910-42030 Printed Forms
10101i20 I 2 10110/9012
in t t 010_42030 Printed Forms
10101/2012 Total:
\VAST!' 1 CC -Total:
WASRADIO WASHINGTON COUNTY
73393 119/9119012
101 .420-2220-43230 Radio
73393 091210012
10 I -490.2720-43730 Radio
73393 Total:
WA SR ADP) Total:
X CEL Xcel Energy
51-0 t 174 1 7-0 111/10/2012
101-430-3160-43810 Street Lighting
51-01 1741 7-0 Total;
5 L0630620-5 10/10/2012
306-450-5300-43810 Electric Utility
51-0630620-5 Total:
51-4572945- 7 10/10/2012
101-430-3160-43510 Street Lighting
5 I-45729,15-7 Total;
51-4576456-3 101100012
101-420-2220-43810 Elceitie
51-4576456-3 Tolak
841.78 0.00 1011612012 Supplies - Building Dept
0,00 10/ I 6120 I 2 Conference - Community Relations
937.95 0.00 Oi I 612012 Building Code Books
1 14,57 0.00 10116/2012 Supplies - Lake Elmo Days
I 75.97 0.00 I 0/ I 6.,20 1 2 Supplies - Lake Elmo Days
2,319.27
7,319.27
46.00 0.00 10/16/2012 Planning Docuf»ents
46.0(1 0,00 10/1672012 Rain Gardens Agreements
92.01)
92.00
3.734.08 0.00 10/1612012 1 /4rly user
119.00
3,846.08
.3.846.08
O.
0.00 I 0116/20 12 Radio Repair/Maintenance fund
3 .13 0,00 1 (11 t 6/2012 Welcome Sign
31,93
571.48 0_00 1011 6/2012 Library
571.48
16.00 0,00 111116/2012 Street Lights
16.041
191.51 0.00 I 0116/2012 Fire Station fi 2
191.51
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No 0000
No WOO
No 0000
No 0000
No 0000
No 0000
No
To Be Paid Proof List (1 I /12 - 8:5S AM) ('age 9
Invoice # fnv Date
51-1580176-5 103012012
10E-4 I 0-1940-43810 Electric Utility
51-4580376-5 10./1002(112
101-430-3160-43810 Street Lighting
51-4580376-5 10/11.1121112
101-410-1940-43810 Electric
51-4580376-5 T(.4a0
51-4733556-8 1 Oil 0/2012
101-150-5200-438. 10 Electric Utility
51-4733556-8 TOM;
51-5044219-0 10110/2012
1 01 -450-5-200-438 I 0 Electric Utility
51-50 14219-0 Total:
51-5275189- 3 10/10/2012
101-45145200-43810 Eleciric
51-5275289-3 Total:
5 L5747685-4 10110/2012
1 0 1-450-5200-438 10 Electric Utility
51-.5747085-4 Toial:
51-5916(143-7 10110/7012
602-495-9450-438 10 Electric Utility
5 U5916043-7 Total:
51-64 )9583-8 10/10/2012
602-495-9450-43810 Electric
514429583-8 Total:
51-6433976-2 10/10/2012
101-420-2220-438 I 0 Electric Utility
51-6433976-2 Total:
51 -6736541-2 10/1 112012
101-430-3160-43810 Street Lighting
51-6736544-2 Total:
51-6928283-3 10/10/2012
10 1,4130-3160-43810 Siteet Lighting
51-6928283-3 Total:
.51-7538112-1 10/100012
10 1 -430-3 100-438 10 Electric Uihtv
51-75381 12-1 Total:
51-8711719-3 10/10;2012
101-430,3160-43810 Street Lighting
51-8711719-3
"WEL1 otal:
Aimmitt Quantity lint e Description Reference 'task TYPe # Close VOLine
350_59 0,00 10/16/2012 City Ilan
34.02 0,00 10/16/2012 Traffic Lights
360.47 0.00 10/16/21.112 City Ilan
745.08
3.85 0.00 10/1 6/2012 Tennis Court
3.85
37 :21 0 .00 011 6/ 20 1 2 Parks Bldg
37.21
25.40 0,00 )011612012 Pebble Park
)C.40
103.33 0.00 I 0116/2012 Arts Center
103.33
9,34 0,00 10/1612012 Litt Station
9.34
8.0(1 0,00 10/16/2012 Litt Station
8.00
303.86 0.00 1 0/16/2012 Fire Station 1
303,86
984.94 0.00 10/16/2012 Street Lights
984.94
19,21 0000 10/1 6/2012 Traffic Lights
19,21
346.46 ROO 1016/2012 Public Works
346.46
5,41 OM 1(1/16/20 I 2 Speed Sign Hwy 5
5.41
3,4-07.31
AP - To 13c Paid Proof- List 00, 1 1112 8:58 Al"..1)
No 0(100
No 0000
No 0000
No 0(100
No (10(1(1
No 00(10
No 0000
No 0000
No 0000
No 0000
No 0000
Nu 0000
No (1000
0000
_ .
Page 10
itt‘ °ire 11
Inv ',ale
ZANONGRE Znnon Greg
Ck Reg 10,04.2012
601-000-0000 17100 Water Sales
Ck Reg Total:
ZANONGRFS Foal:
ZIERTNIAN Joan Zicrtnum
Sept 1 2 09 10.12012
60 1 -4N-9400-43150 Contract Services
Sepl 12 0910/2012
602-495-9430A 3150 Commel Services
Sept 12 09/10/2012
603-496-9.500-4.1150 Contract Services
Sept 12 09/10/2012
101-410-1520-43150 Contract Services
Sepl 12 Total:
LlERTN1AN
Report 'Luta':
AP Be Paid Proof List (19:11112 5:58
Amount Quantity Pint Dote Description Iteference Task 'Eype 1!() # Close PCILitte
205.07 0.00 10/16/2012 Refund Overpayment of Water Account -
905,07
205.07
No 0000
607,50 0.00 10/1612012 September Clerical Services No 0000
151.88 0.00 i 0/16/2012 September Clerical Services No 0000
1,518,75 0.00 I 0/16/2012 September Clerical Services No 0000
759.37 0.00 1 07 I 612012 September Clerical Services No 0000
3,037,50
3,037.50
536,1,19.34
Page 11
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2012-XX
A RESOLUTION APPROVING CITY'S CODE OF ETHICS
AND CONDUCT POLICY FOR ELECTED OFFICIALS
AND APPOINTED BOARD/COMMISSION MEMBERS
WHEREAS, Public officials are agents of public purpose and hold their positions
for the benefit of the public; and
WHEREAS, They are bound to uphold the Constitution of the United States and
the Constitution of the State of Minnesota and to carry out impartially the laws of the
Nation, state and municipality and thus to foster respect for all government; and
WHEREAS, They are bound to observe in their official acts the highest standards
of morality and to discharge faithfully the duties of their particular position regardless of
personal considerations, recognizing that the public interest must be their primary
concern. Their conduct in both their official and private affairs should be above
reproach; and
WHEREAS, Public Officials shall adhere to adopted rules of conduct. In
recognition of these goals, this policy is established to guide all officials of the City of
Lake Elmo, whether elected or appointed, paid or unpaid, including members of boards,
committees, commissions, and volunteers of the city.
NOW THEREFORE BE IT RESOLVED, The City of Lake Elmo City Council
hereby adopts the Code of Ethics and Conduct Policy for Elected Officials and Appointed
Board and Commission Members.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY
OF OCTOBER 2012.
By:
(Seal)
Sandie Thone, City Clerk
Resolution 20l 2-XX
Dean A. Johnston
Mayor
CITY OF LAKE EL 0
CODE OF ET ICS AND CONDUCT POLICY
ELECTED OFFICIALS
APPOINTED BOARD/COM ISSION E BERS
Section I: RESPONSIBILITIES OF PUBLIC OFFICE
Public officials are agents of public purpose and hold their positions for the benefit of the
public. They are bound to uphold the Constitution of the United States and the
Constitution of the State of Minnesota and to carry out impartially the laws of the Nation,
state and municipality and thus to foster respect for all government. They are bound to
observe in their official acts the highest standards of morality and to discharge faithfully
the duties of their particular position regardless of personal considerations, recognizing
that the public interest must be their primary concern. Their conduct in both their official
and private affairs should be above reproach.
Section II: DEDICATED SERVICE
Public Officials shall adhere to adopted rules of conduct. Public Officials shall not
exceed their authority or breach the law or ask others to do so, and they shall work in
full cooperation with employees and other members of the public body unless prohibited
from doing so by law or by officially recognized confidentiality of their work.
Section III: DEDICATION TO VALUES OF HONESTY AND INTEGRITY
The City Council finds and declares that the proper operation of democratic government
requires that public officials be honest, impartial and responsible to the people; that
government decisions and policy be made in the proper channels of the government
structure; and that public office not be used for personal gain; so that the public will
have confidence in the integrity and the ability of its government. In recognition of these
goals, this policy is established to guide all officials of the City of Lake Elmo, whether
elected or appointed, paid or unpaid, including members of boards, committees,
commissions, and volunteers of the city.
Section IV: STANDARDS OF CONDUCT
No member of the city council or a city board or commission may knowingly:
a. Violate the open meeting law.
b. Participate in a matter that affects the person's financial interests or those of a
business with which the person is associated, unless the effect on the person or
Issued 10-16-2012/Lake Elmo/SLT
Review Date: 10-16-2013 Page 1
business is no greater than on other members of the same business
classification, profession, or occupation.
c. Use the person's public position to secure special privileges or exemptions for
the person or for others.
d. Use the person's public position to solicit personal gifts or favors.
e. Use the person's public position for personal gain.
f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or
receive any gift of substance, whether in the form of money, services, loan,
travel, entertainment, hospitality, promise, or any other form, under
circumstances in which it could be reasonably expected to influence the person,
the person's performance of official action, or be intended as a reward for the
person's official action.
g. Disclose to the public, or use for the person's or another person's personal gain,
information that was gained by reason of the person's public position if the
information was not public data or was discussed at a closed session of the city
council.
h. Disclose information that was received, discussed, or decided in conference with
the city's legal counsel that is protected by the attorney -client privilege unless a
majority of the city council has authorized the disclosure.
i. Represent private interests before the city council or any city committee, board,
commission or agency.
Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of
Section IV: b for a matter that comes before the council, board, or commission if the
member of the council, board, or commission publicly discloses the circumstances that
would violate these standards and refrains from participating in the discussion and vote
on the matter. Nothing herein shall be construed to prohibit a contract with a member of
the city council under the circumstances described under Minn. Stat. Sec. 471.88, if
proper statutory procedures are followed.
Complaint; Hearing.
Any person may file a written complaint with the city clerk alleging a violation of the
standards of conduct in Section IV. The complaint must contain supporting facts for the
allegation. The city council may hold a hearing after receiving the written complaint or
upon the council's own volition. A hearing must be held only if the city council
determines (1) upon advice of the city attorney, designee, or other attorney appointed
by the council, that the factual allegations state a sufficient claim of a violation of these
standards or rise to the level of a legally -recognized conflict of interest, and (2) that the
complaint has been lodged in good faith and not for impermissible purposes such as
delay. The city council's determination must be made within 30 days of the filing of the
allegation with the city clerk. If the council determines that there is an adequate
justification for holding a hearing, the hearing must be held within 30 days of the city
council's determination. At the hearing, the person accused must have the opportunity
to be heard. If after the hearing, the council finds that a violation of a standard has
Issued 10-16-2012/Lake Elmo/SLT
Review Date: 10-16-2013 Page 2
occurred or does exist, the council may censure the person, refer the matter for criminal
prosecution, request an official not to participate in a decision, or remove an appointed
member of an advisory board or commission from office.
Section V: CONFLICT OF INTEREST
The Mayor and all members of the City Council who have an interest in any
action or proposed legislative action of the City Council may wish to consult with
the City attorney about the legality of participating in the discussion and/or vote.
k. Any other official or volunteer who has an interest in any action or proposed
legislative action of the City Council and who participates in the discussion with
or gives an official opinion or recommendation to the City Council or governing
board, should not determine the relevancy of the interest, but shall disclose the
interest before or during their initial involvement.
No public official shall disclose confidential information concerning the property,
government, or affairs of the city, nor shall they use such information to advance
the financial or other private interest of themselves or any other person.
No public official or volunteer shall engage in or accept private employment or
render service, for private interests, when such employment or service is
incompatible with the proper discharge of his or her official duties or would tend
to impair his or her independence of judgment or action in the performance of his
or her official duties, unless otherwise permitted by law.
n. No public official or volunteer shall request or permit the unauthorized use of city -
owned vehicles, equipment, materials or property for personal convenience or
profit.
o. No public official or volunteer shall grant any special consideration, treatment or
advantage to any citizen beyond that which is available to every other citizen.
Section VI: GIFTS TO INDIVIDUALS
DEFINITIONS. The definitions in this subdivision apply to this section.
1) "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.
Gifts include, but are not limited to, food beverages, tickets to sporting events, and free
Issued 10-16-2012/Lake Elmo/SLT
Review Date: 10-16-2013 Page 3
travel or lodging.
2) "Interested person" means a person or a representative of a person or association
that has a direct financial interest in a decision that a local official is authorized to make.
3) "Local official" means an elected or appointed official of the city or of an agency,
authority, or instrumentality of the city.
PROHIBITION. 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*.
*The prohibitions in this section do not apply if the gift is given:
Because of the recipient's membership in a group, a majority of whose members are not
local officials, and an equivalent gift is given to the other members of the group; or
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.
EXCEPTIONS. The prohibitions in this section do not apply if the gift is:
4) Anything of monetary value that is given or loaned to a candidate or committee
for a political purpose;
5) Services to assist an official in the performance of official duties, including but not
limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents;
6) Services of insignificant monetary value;
7) A plaque or similar memento recognizing individual services in a field of specialty
or to a charitable cause;
8) A trinket or memento of insignificant value
9) Informational material of unexceptional value; or
10) Food or beverage given at a reception, meal, or meeting by an organization the
recipient attends.
Section VII: POLITICAL ACTIVITIES OF PUBLIC OFFICIALS
In the matter of elections held by the City of Lake Elmo no volunteer or employee may
use any official authority or influence for the purpose of interfering with or affecting the
result of the election, nor may funds be solicited or contributions be received from
employees for political purposes, except by collective bargaining organizations.
Bumper stickers and posters may be displayed on private vehicles parked in city
parking areas, however, these materials may not be displayed on either City vehicles or
property.
Issued 10-16-2012/Lake Elmo/SLT
Review Date: 10-16-2013 Page 4
F, CFI' V OF
LAKE ILMO
euswmap.reASIRAPial?
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
MAYOR AND COUNCIL COMMUNICATION
DATE:
CONSENT
ITEM #:
MOTION
October 16, 2012
6
2012 Street & Water Quality Improvements — Change Order No. 1
Ryan Stempski, Assistant City Engineer
Dean A. Zuleger, City Administrator
Jack Griffin, City Engineer
Cathy Bendel, Finance Director
SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to
consider approving Change Order No. 1 for the 2012 Street & Water Quality Improvements.
STAFF REPORT: This Change Order was initiated and requested by the City. The Public
Works Department and Parks Commission requested the installation of concrete curb and gutter
for the parking areas located within the 2012 Street and Water Quality Improvement project. The
parking lot areas include the DeMontreville Park parking lot and the parking stall bump out area
located at Hytrail Avenue and 59th Street. The purpose of the request is to install a more durable
curb material in areas subject to difficult plowing operations. The request was reviewed and
approved by the Parks Commission on August 20, 2012, with Park Funds allocated to pay for the
change.
Change Order No. 1 includes 661 lineal feet of concrete curb and gutter at a unit price of $18.00
per foot for a total Change Order amount of S11,898.00. With the approval of this Change Order,
the Revised Contract Amount will be $861,634.79.
RECOMMENDATION: Staff is recommending that the City Council consider approving, as
part of the Consent Agenda, Change Order No. 1 for the 2012 Street & Water Quality
Improvements in the amount of $11,898.00. The recommended motion for this action is as
follows:
"Move to approve Change Order No. 1 for the 2012 Street & Water Quality improvements, in
the amount of S11,898.00."
ATTACHMENTS:
. Change Order No. 1
CONTRACT CHANGE ORDER FORM
CITY OF LAKE ELMO, MINNESOTA
2012 STREET AND WATER QUALITY IMPROVEMENTS
PROJECT NO. 2012.123
CHANGE ORDER NO.
F • C S ENGINEERING, inc.
1 DATE: October 16, 2012
TO: HARDRIVES, INC., 14475 QUIRAM DRIVE, ROGERS, MN 55374
This Document will become a supplement to the Contract and all provisions will apply hereto. The Contract Documents are
modified as follows upon execution of this Change Order.
CHANGE ORDER DESCRIPTION /JUSTIFICATION:
City requested change to use concrete curb and gutter in the Demontreville Park parking lot and Park bumpout area near
Hytrail Avenue and 59th Street. Park Fund expenditure approved by the Park Commission at the August 20 meeting. A unit
price of $18 per LF for concrete curb and gutter was negotiated with Hardrives,
Attachments (list documents supporting change):
None
ITEM DESCRIPTION OF PAY ITEM UNIT CITY UNITE PRICE INCREASE/(DECREASE)
C01-1 B612 Conrete Curb and Gutter LF 661 $18.00 $11,898.00
NET CONTRACT CHANGE $11,898.00
Amount of Original Contract $ 849,736.79
Sum of Additions/Deductions approved to date (CO Nos. $ 0.00
Contract Amount to date $ 849,736.79
Amount of this Change Order (ADD) (DEDUCT) $ 11,898.00
Revised Contract Amount $ 861,634.79
The Contract Period for Completion will be (UNCHANGED) 0 days
APPROVED BY ENGINEER: FOCUS Engineering, inc.
ENGINEER
DATE
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
APPROVED BY CONTRACTOR
BY
DATE
BY BY
DATE
DATE
FOCUS Engineering, inc. CHANGE ORDER FORM
OF
IAKE F LMO
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
MAYOR AND COUNCIL COMMUNICATION
DATE:
CONSENT
ITEM #:
MOTION
October 16, 2012
7
2012 Street & Water Quality Improvements — Approve Pay Request No. 2
Ryan Stempski, Assistant City Engineer
Dean A. Zuleger, City Administrator
Jack Griffin, City Engineer
Cathy Bendel, Finance Director
SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to
consider approving Pay Request No. 2 for the 2012 Street & Water Quality Improvements.
STAFF REPORT: Hardrives, Inc., the Contractor for the project, has submitted Partial Pay
Estimate No. 2 in the amount of $388,449.73. This request has been reviewed and payment is
recommended in the amount requested. In accordance with the contract documents, the City has
retained 5% of the total work completed. The amount retained is S27,073.72. The total value of
the work completed to date is $541,474.30 of the revised contract amount of $861,634.79, or
63% complete.
RECOMMENDATION: Staff is recommending that the City Council consider approving Pay
Request No. 2 for the 2012 Street & Water Quality Improvements, as part of the Consent
Agenda. The recommended motion for this action is as follows:
"Move to approve Partial Pay Estimate No. 2 in the amount of S388,449.73, for the 2012
Street & Water Quality Improvements."
ATTACHMENTS:
. Partial Pay Estimate No. 2
/
/
!
PROJECT PAY FORM
- PARTIAL PAY ESTIMATE NO, 2
2012 STREET AND WATER QUALITY IMPROVEMENTS
PROJECT NO. 2W12.123
PROJECT OWNER:
CITY OFLAKE E0NO
saoou4VERNEAVENUE NORTH
LAKE ELm1O'IVIN55V42
4rTN;JACK GRIFFIN, KE.'CITY ENGINEER
No
CONTRACT CHANGE ORDER SUMMARY
Approval
Date
Amount
Additions Deductions
$ll'09V.O0
TOTALS $11,898l0|
NET[HANGE $11,898.00|
START DATE:
Iue5TAwTmL COMPLETION:
FINAL COMPLETION:
F WC S ENGINEERING, inc.
PERIOD UFESTIMATE
FROM 9/I/2012
CONTRACTOR:
HARDRNES,iNC.
zu47sQU|RAMDRIVE
nOGERS,MIN S5374
ATTm:MIKE LEUER, DIVISION MANAGER
PAY ESTIMATE SUMMARY
'
l.Origina| Contract Amount
2. Net Change Order Sum
3.Revised Contract (I+2)
4. *Work Completed
5. ~Stored Materials
6. Subtotu|(4+S)
7. Retaina8e*
8. Previous Payments
9.Amount Due (5'7'8)
*Detailed Breakdown Attached
CONTRACT TIME
ORIGINAL DAYS
REVISED DAYS
ncmA|N|mG
ENGINEER'S CERTIFICATION:
The undersigned certifies that the work has been reviewed and mthe
best oftheir knowledge and belief, the quantities shown inthis
estimate are correct and the work has been performed in accordance
with the contract documents.
! CONTRACTOR'S CERTIFICATION:
/ The undersigned Contractor certifies that tnthe best oftheir
knowledge, information and belief the work covered bythis payment
estimate has been completed inaccordance with the contract
documents, that all amounts have been paid bythe contractor for
' work for which previous payment estimates was issued and payments
' received from the owner, and that current payment shown herein is
now due.
APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA
136 ON SCHEDULE
u YES
ul NO
FOCUS Engineering, inc,
BY
BY
TO 9/30/2012
�
l
/
$849'736.7
$11,898,00
$861,634.79
$541,474.30
$U�00
$541,47430
$27,073.72
$125,950.85
/
�
/
!
|
|
PROJECT PAYMENT FORM
PARTIAL PAY ESTIMATE NO. 2
2012 STREET AND WATER QUALITY IMPROVEMENTS
CITY OF LAKE ELMO, MINNESOTA
PROJECT NO, 2012.123
ITEM DESCRIPTION OF PAY ITEM UNIT
QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
MOBILIZATION LS 1,0 545,850.00 545,65000 0.25 511,46750 0.75 534,387.50
TRAFFIC CONTROL LS 1.0 53.695,19 53,69.5.19 075 5923.80 0,75 52,771,39
3 SILT FENCE LF 300 5.721 5963.00 1500 5481.50
4 INLET PROTECTION EA 23 596 40 52,117.20
5 TREE REN1OVAL EA 11 5267.77 57945.47 12,0 $3,213,24
SALVAGE ANO REINSTALL MAILLIOX FA 85 565,00 55,525,00
SALVAGE AND REINSTALL. SIGN EA 35 5133.861 54.685.80
SAWCUT BITUMINOUS ANO CONCRETE RAVEN/ ENT IALL TYPES) LI' 1,790 52.19 54,157.10 941.0 52.343,09 941,0 57343.09
9 REMOVE AND DISPOSE CONCRETE CURB AND GUTTET1 LF 55 55.65 5310.75 73.0 .5412A5 73.0 5412.45
10 RENTOVE AND DISPOSE OF EXISTING BITUMINOUS PAVEMENT SY 1,291 54.60 35.938.60 191.0 5678.60 191.0 5678.60
11 REMOVE AND DISPOSE OF EXISTING CONCRETE PAVEMENT SY 520 56.56 53,411 20 59.0 5387.04 100,0 6656.00
12 REMOVE AND DISPOSE OF EXISTING STORM SEWER 03/1804H (A 11 5535.53 55,890.83 3.0 51,606.59 12.0 56,426.36
13 SALVAGE AND REINSTALL PAVERS SY 22 55790 51141,80
14 SUBGRADE CORRECTION SY 1,404 56,91 59,701.64 1,025.0 57,082,75 1,025.0 57,062.75
15 COMNION EXCAVATION (CV) OD CY 1,351 510.01 517523.51 1.351.0 5.13,523.51 1,351.0 513,523.51
16 CLASS .5 AGGREGATE BASE 110095 CRUSHED1 EY 474 51700 56,636.00
17 SELECT GRANULAR BORROW CY 512 $9.43 54,828.16 342.0 53,225.06 3420 53,725 OE
19 HAUL OUT EXCESS MILLINGS CY 1,024 58.96 59,175.04 300.0 57688,00 828.0 57416.88
15 PLACE RECLAIMED MATERIAL FRO51 OTHER 57E5 CY 451 58.46 53,814.49 381,0 53.230.98 S61.0 54.757,29
20 RECLAIM EXISTING BITUMINOUS ANCI 1345E MATEROLLS sr 38,406 50,91 534,949,46 38.406.0 534,915145
21 sUEIGRADE PREPARATION Of RECLAIMED SURFACE RS 100 5754.39 525,43900 400.0 525,439.00 100.0 525,439.00
22 SUL1GRADE PREPARATION FOR PARKING LOTS LS 1 $1,695.91 51,695.91 1,0 51,695.91 1.0 51.695.91
23 12" CLASS 5 RCP STORM SEWER 19 119 530 42 54,333,913 13.0 5473 46 130,0 54.7214.60
24 15' CLASS 5 RCP STORM SEWER LT 247 $37.49 59,260.03 255.0 59,559.95
25 12" CONCRETE FLARED END SECTION EA 1 5963.96 5663.96
26 CATCH BASIN, TYPE 402 WITH 6.3250-4 CA5TiNG EA 3 51,980.00 55.880.18 3.0 55.880.18 3.0 $5,880.16
27 CATCH 84SiN, TYPE 404 WITH R.3501,13 CASTING LA 4 57.077137 58,311,48 4.0 5.8.311 48
28 4' Dithh CBMH 'NULL V SUMP, I YPE 401 WITH SALVAGED 8-32507:CA5TM [A 1 51,686.99 51.686.93
20 4' DIA CBMH, TYPE ST0.9 WITH 9.3501-1E3 CASTING EA 2 61.238.54 54,477.08 3.0 56,715.62
30 4015 CBMH WITH I' 51IMP, TYPE 510.9 WITH 13.3503..Tif CASTING EA 1 52,184.98 52,184 9B 1.0 52,184.98 3.0 $0,551 94
31 4' DIA CBMH, TYPE 406 WITH 6.3250.4 CASTING EA 3 51,227.82 $G,683 96 3,0 56,683,46
32 5' DIA CBMH wirel 0' SUMP, TYPE 405 WON Rh3501-16 CASTING EA 1 53,191.68 53,49156
33 4" PVC PERE EDGE BRAIN WITH BAC/09114ND WRAP LI 400 55,49 52.075.00 400.0 52 076.00 300.0 $2,076,00
34 E3618 CONCRETE CURB AND GUTTER IF 30 537.19 53.124.70
35 9624 CONCRETE CLIRFL ANI) GUTTER LP 298 537.49 511.172,01. 272,0 510,197.28 272.0 510 197.28
36 0412 CONCRETTE CURB AND GUTTER LE 804 527.69 522,262.76 203.0 55,62707 850.0 523,536.50
37 CONCRETE CURB CUT FOR RAIN GARDEN EA 17 5321,37. 55,462.44 18.0 55.141.12 16.0 55.141.12
3e 3" CONCRETE FLUME CA 1 5642.64 5642.64 1.0 5642,64 1,0 5642.64
39 6" CONCP.ETE DRIVEWAY SY 520 542.84 521,276,80 100.0 54,1E1.00 100.0 5478400
40 BITUMINOUS DRIVEWAY SY 1,225 516.77 520,543.25 191.0 53,103.07 191,0 53,403,07
41 BITUNILNOUS WEARING CONN% TN 3,900 554.35 5211,966.00
42 BITUMINOUS NONWEARING COURSE TAL 3,275 .558.60 5191,915.00 4 187.78 5245.371.61 4,187.16 5/45.371.61
43 errummous MATERIAL FOR TACK COAT GAL 1.950 52.13 54,153.50
44 SAW AND SEAL STREETS LE 7,800 52,41 518,79800
45 REMOVE CATCH BASIN CASTING EA 8 5114,17 5913.36 8.0 5913.36 8.0 5913.36
46 INSTALL R-35017111CASTING EA 8 5803,30 56,476.40 8,0 55.426.40 8.0 $6,420.40
47 SALVAGE AND RELDSTALL CA$113,10 LAI.1 TYPES) EA 7 5556.33 $3,662.31 7.0 e3,063.33 7e5 53,887.31.
48 BUD/ERTEN° CLEANING EA 10 5176.73 51,767.30 10.0 51,767.30 10.0 51.767.30
49 01404 GRADING LT 490 54,71 52.307.90 490.0 52,307,90 490.0 52.307.90
SO CLASS 1 RIP RAP WEILL GEO1EXIILE FABRIC CY 60 566.41 53.9E3760 60.0 53,981.60 MO 53,984,60
51 ETTOSION STAID IZATION MAT SY 200 56.96 51.391.00
52 BLOROLL DITCH CPLECK EA 30 SE4,26 51,927.80
53 SEEDING WITH WOOD FRIER BLANKET SY 1,133 51115 51.756,15
54 SODDING sy 14,100 52.85 540,185.00
55 IMPORTANT) PLACE TOPSOIL CY 1,900 $13.00 S24,700.00 1,364,0 517.732.00 1,364 0 517.732.00
56 STRIPING - 4" YELLOW STRONG LI 6,130 50,21 51.287.30
57 STRIPINO-- 4" WIND DIRIPNG LE 6,940 50.27 $1,873,60
58 HANDICAP PAVEMENT MARKING EA 2. 5428,43 $856 86
F• C 5 ENGINEERING, inc.
CONTRACT (Revised) THIS PERIOD TOTAL TO DATE
TOTALS - BASE CONTRACT $849,736.79 $396,996,46 $529,576.30
CHANGE ORDER NO, 1
C 071 9612 CONCRETE cURB AND GUTTER LF j 661 518,00 511,998 00 661.0 511.898.00 661.0 511.898.0)1
TOTALS - CHANGE ORDER NO. 1 $11,898,60 $11,898.00 $11,898,00
TOTALS - REVISED CONTRACT
$861,634.79 $408,894.46 $541,474.30
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/16/2012
CONSENT
ITEM #: 8
MOTION Consent Agenda
AGENDA ITEM: Approval of HVAC System for Annex and Maintenance Agreement for
City Facilities
SUBMITTED BY: Sandie Thone, City Clerk
THROUGH: Dean A, Zuleger, City Administrator
REVIEWED BY: Dean A. Zuleger, City Administrator
Al Bever, Consultant
Rick Chase, Building Official
STAFF REPORT: As part of the Consent Agenda the City Council is requested to consider
approval of an HVAC System for the Annex building and a Maintenance Agreement for City
Facility buildings. Two Quotes were obtained:
1) Yale Mechanical
2) Coo] Air Mechanical
$7, 675 Marvair HVAC Unit
$7,788 Bard HVAC Unit (electrical not included)
The quotes were reviewed and staff is recommending Yale Mechanical for the work at a cost of
S7,765 for the HVAC unit for the Annex (which currently has no working unit). In addition,
staff is recommending the City purchase the Preventative Maintenance Agreement at a cost of
S7, 967.00 with Yale Mechanical for the City Facilities described below (which currently have
no scheduled maintenance):
City Hall
Annex
Public Works
Fire Station 1
Fire Station 2
Parks Building
RECOMMENDATION:
Ste. recommends the City Council approve the installation of the HVAC Buster for the Annex
and the Preventative Maintenance Agreement .for City Facilities with Yale Mechanical. This
action requires a simple n2a1ority vote.
4ugustIl 2012
Mr. AtBever
City ofLake Elmo
]8OULaverne Avenue
Lake Elmo, MN 55042
Subject: MmmairUnit
Yale Project Number: P121484
Dear At:
Yale Mechanical is pleased to present the following proposal for the revision of the HV4[ systems for
the above -subject site based on our site visit.
Work included as part ofthis proposal isasfollows:
1. Provide necessary demolition.
I. Provide and in3taKMharvai,AVP436A[4'15N through wall A/C and heating unit,
3. Provide necessary electrical wiring.
4. Provide connection to existing thermostat.
5. Provide necessary rigging.
6. Provide necessary permits.
We propose to do the work described above for the sum of SEVEN THOUSAND SIX HUNDRED SEVENTY-
FIVEDC}LLARS($7,875).
Add Alternate 1 - Economizer
To provide Marvair unit with economizer to allow for free cooling below 55', add the sum ofNINE
HUNDRED DOLLARS ($gOQ)tothe base proposal price.
Work not included as part of this proposal is as follows:
1. Overtime tabor.
Z. Structural engineering orsupport.
3. Building repair.
4. Patching orpainting.
5. Sates tax ontabor ifapplicable.
This proposal isfirm for ]Odayx. If an extension is required, it must be obtained in writing.
All equipment furnished and installed by us that is found to be defective within the period ofone year
following completion of installation shall berepaired orreplaced by usatno cost to the purchaser.
This proposal in design and detail is Yale Mechanical property and must not be used except in
connection with our work. All rights of design and detail are reserved.
Mr. 41Bever
4ugustI], 2012
Page
Payment shall hemade by the 1nmofthe month nnall invoices issued bythe 1" of the month for all
material and equipment installed o[onhand and all Labor performed. Final payment tobemade
within 30 days after substantial completion of the work.
Thank you for the opportunity of allowing us to present this proposal to you. 5hnukj you have any
questions regarding this matter, please do not hesitate to contact us as we hope to be of further
service toyou onthis project.
Sincerely,
Ryan Horner
Project Manager
/je
CITY OFLAKE ELMO
ACCEPTED BY:
PRINT NAME:
PRINT TITLE:
DATE:
Wk. UoonZu(eger
City Administrator
Lake Elmo City Hall
l800Laverne Avenue North
Lake Elmo, MN55O4Z
Subject: Yale Service Proposal #S12-0953
Dear Mr. Zuteger:
Thank you for the opportunity to propose our comprehensive service program for your consideration and
approval. Based onyour input, we have customized this application specifically to meet your needs. As we
have discussed, our programs are extremely flexible and can be modified at any time.
Under the provisions ofthe enclosed agreement, Yale Mechanical will extend o discounted Labor rate on all
scheduled maintenance as well as emergency service and repair work.
The intent ofthis program ishoallow you control ofyour money. We firmly believe inafair and conscientious
program allowing us to property asmicm and maintain your equipment, systems and related controls. Also, we
just as firmly believe that by servicing this account we are spending your money' and we will be accountable
for our actions.
Yale Mechanical is dedicated to providing the most comprehensive service programs in the industry. Our
customers choose Yale Mechanical because of our ability to consistently address and deliver the essential
requirements of their facility. We accomplish this by employing the latest in diagnostic service procedures'
state nfthe art tools and test equipment, and professional development training for at[ ofour employees. It is
our goal to provide a vaivab(e service and build tong -term relationships with our clients.
Please note we have enclosed two copies ofour agreement for your review. To activate your program, please
sign and date the first page of the 3-page agreement and return to my attention.
We appreciate the opportunity to earn your business and took forward toworking with you inthe future.
Should you have further questions, please do not hesitate to contact us.
Rico Estrada
Business Development Manager
BuEkHn-,s*F*mr��et-Ler�', '
A C A L
! •,j
PREVENTIVE MAINTENANCE AGREEMENT
This Agreement is between Yale Mechanical, hereinafter referred to as "Yale" and City of Lake Elmo hereinafter referred
to as "Customer".
Lake Elmo City Hall
3800 Laverne Avenue North Telephone Number: 651-233-5401
Lake Elmo, MN 55042
Contact: Dean Zuleger
Proposed: August 20, 2012 Agreement Number: S12-0953 Number of Pages: 6
LOCATION OF WORK
C7,-Y OF LAKE ELMO, VAP8OUS 537°F, 3803 :030.,"ERNE AVF NO:, AKE F* 0v° ,
SCOPE OF SERVICES
Maintenance Program Options Included Service Options Included Payment Option Selected
SSM-Seasonal Start-up Maintenance Ei FS-Filter Service El Quarterly I
FCI-Filter Change Et Visual Inspection 0 BS-Belt Service RI Monthly o
MSM-Mid Season Maintenance 10 CCC- Condenser Coils Cleaned El Per Inspection
Extended Program Options ECC- Evaporative Coils Cleaned ri Contract Labor Rate "A" EEI
FL -Full Labor o COA-Compressor Oil Analysis 0 Contract Labor Rate "B" 1
FC-Full Coverage El WS-Vgater Treatment Service 0 Other El-
605-Boiler Operation Services 0 Custom Service El
FOS-Facility Operation Services El
BAS-Building Automation/Control Svs o
The above selected Services are described in detail on the attached schedules.
TERMS
Estimated Annual Agreement Price: $7,967.00 (Please see attached Agreement Summary) to be invoiced as completed per inspection.
This Agreement shall become effective on September 1, 2012 and will be automatically renewed on a year-to-year basis after the original
term ends unless Customer or Yale gives the other written notice not to renew, or unless the contract is tied to a fixed term purchase
order that has expired. Notice not to renew must be delivered at least 30 days prior to the end of the Agreement term. Renewal price
adjustments are specified in Terms and Conditions.
During the term of this Agreement and for a period of three years following its termination or expiration, the Customer agrees to hold
confidential and not disclose to any third party all materials, manuals, proposal documents, service plans, and agreements that Yale
provides or makes available to Customer.
The attached Terms and Conditions, Schedule of Rates and Services, Schedule of Equipment and Agreement Summary are included as part
of this Agreement as though specifically contained herein. This Agreement shall constitute the entire Agreement between Yale and
Customer.
ACCEPTED BY: CITY OF LAKE ELMO
Signature
Name (Printed)
Date:
Title
AGREEMENT APPROVAL
SUBMITTED BY: YALE MECHANICAL
a re( Rico Estrad Bus. Dev. Manager
//f7
Approved By: Thomas M. Rowles, VP Service
/7"4 '52(
Date: _
„„!,4„!!t1;41ot#4.tflgAlgl-lr:"'"'
Fitrik&mc.F. 1.4"kfock Settec•
Ailig;!!!!!!,01115,111"Irollpintimm "Nt..
TERMS AND CONDITIONS
MAINTENANCE PROGRAM OPTIONS
El Seasonal Start-up Maintenance:
Includes preventive maintenance of Covered Equipment per
the Service Plan. The Service Plan includes a detailed list of
tasks used by the technician to provide the particular
Seasonal Start-up Service.
O Filter Change and Visual Inspection:
Includes scheduled filter change and cursory inspection of the
Covered Equipment.
El Mid Season Maintenance:
Includes visual checks of Covered Equipment per the Service
Plan. The Service Plan includes a detailed list of tasks used
by the technician to provide Mid -Season Maintenance.
EXTENDED PROGRAM OPTIONS
All services described above will be performed during Yates
normal working hours, unless the following options is included in
is Agreement:
0 24/7 Extended Service Option:
Yale will provide response 24 hours per day, 7 days a week,
(including Holidays and weekends). Should a defect be found
during an Extended Service visit that Yale is not responsible
for under this Agreement, Customer agrees to pay Yale the
standard fee charged by Yale for any services rendered.
0 Full Labor:
Includes labor to perform Scheduled Service Visits and Repair
Labor as defined in this Agreement necessary to restore
Covered Equipment to working condition following an
Equipment Failure and excludes total equipment replacement
due to obsolescence or unavailability of parts.
O Full Coverage:
Includes Repair Labor and Repair Material necessary to
restore Covered Equipment to working condition following an
Equipment Failure and excludes total equipment replacement
due to obsolescence or unavailability of parts. Yale may
choose to replace Repair Materials that indicate eminent
failure if such repairs will avoid additional costs or equipment
shutdown. At Yale's option, Repair Materials may be new,
used, or reconditioned so long as OEM integrity is maintained.
All Repair Materials are covered by the warranty as described
below. It is mutually agreed that any Full Coverage
agreement covers only integral operating devices inside the
Covered Equipment as per the attached Schedule of
Equipment and does not include the Service Labor for
ductwork, flue pipe, electrical or plumbing work, balancing
beyond the unit, or other nonmaintainable parts.
O BOS - Boiler Operations:
Yale will provide boiler operational inspection as per
attached Agreement Summary
ri Yale will post the required level of Boiler Operating
License as determined by the State of Minnesota
Boiler Operating Code
0 FOS - Facility Operations Services:
Yale will provide onsite facility engineering as determined by
the attached Agreement Summary
O BAS - Building Automation /Control Services:
Yale will provide Building Automation/Control Services as
determined by the attached Agreement Summary
SERVICE OPTIONS
Service Options includes the following selected options:
g FS - Filter Service:
Yale will change filters as per attached Agreement Summary
El Filters supplied by Yale
0 Filters supplied by Customer
El Pleated Filters
0 Other Fitters
El BS - Belt Service:
Yale will change belts as per the attached Agreement
Summary
El Belts supplied by Yale
71 Belts supplied by Customer
El CCC - Condenser Coil Cleaning:
Yale will clean condensers as per attached Agreement
Summary
O Pneumatic (high volume air)
E0 Water (Customer supplied water pressure)
Chemicals included
71 Split condensers and wash as needed
*Customer will hold harmless Yale for work -
hardened related leaks
The Customer understands, in order to thoroughly clean the
condenser coils at this facility, it may be necessary to
separate them. In this process, the return bends of the
condenser coils can become work -hardened and may in time
create refrigerant teaks beyond the control of Yale. The
Customer agrees to hold harmless Yale for such repairs.
0 ECC - Evaporative Coil Cleaning:
Yale will clean evaporative coil as per attached Agreement
Summary
E3 COA - Compressor Oil Analysis:
Yale will sample, test and report metallurgical oil analysis or
Semi -hermetic compressor per attached Agreement Summary
0 WS - Water Treatment Service:
Yale will supply and administer water treatment services,
including sampling, testing and recommendations for proper
water treatment of the system
0 CS - Custom Service:
Yale will provide services designed to meet Customer's
specific requirement as per attached Agreement Summary or
services (i.e., pneumatic control calibration, steam trap
testing, air balancing, air quality, RPZ/backflow certification,
thermal imaging, eddy current testing, etc.)
The above selected services will be performed on a scheduled
basis for the Covered Equipment.
DEFINITIONS
Covered Equipment means the equipment for which services are
to be provided under this Agreement. The applicable Schedule of
Equipment attached to this Agreement defines Covered
Equipment.
Equipment Failure means the sudden and accidental failure of
moving parts or electric or electronic components that are part
of the Covered Equipment and that are necessary for its
operation.
Scheduled Service Visits refers to labor required to perform
inspections and preventive maintenance on Covered Equipment.
Scheduled Service Materials means materials required to
perform scheduled Service Visits on Covered Equipment as
defined in Material List.
Seasonal Start-up Maintenance (SSM) refers to comprehensive
tasking designed to prepare a piece of equipment for the heating
or cooling season.
Filter Change and Visual Inspection (FCl) refers to scheduled
filter change and visual technical inspection of equipment only.
Mid -Season Maintenance (MSM) refers to selected tasking
designed to ensure continued functionality midway through a
heating or cooling season.
Repair Labor refers to the ongoing labor used to repair/replace
the failed components and material covered per the terms of this
Agreement.
Repair Materials refers to the necessary materials and
components used to repair/replace the failed components and
material covered per the terms of this Agreement.
Repair Labor and Repair Materials coverage apply to the
maintainable parts of the Covered Equipment specified on the
Equipment List contained in this Agreement.
MAINTAINABLE PARTS
Maintainable parts are those parts of the Covered Equipment that
are mechanically moving parts, that through periodic servicing
can be made to operate more efficiently and effectively.
Detection and repair of refrigerant leaks on maintainable
components is included. Examples of maintainable parts include
motors, compressors, relays, controls, bearings and belts.
NONMAINTAINABLE PARTS
Non -maintainable parts are not covered under this Agreement.
Examples of parts that are not maintainable, and therefore are
excluded from repair related coverage are replacement and
disposition of CFCs, ductwork, piping, boiler refractory material,
heat exchangers, insulation, wiring, structural cabinets and
supports, shell and tube bundles, evaporators, condensers,
cooling tower structures, etc.
See Exclusion for further explanation applicable to this
Agreement".
Normal working hours shall be defined as an eight -hour period
occurring between 8:OOAM and 4:30PM Monday - Friday, except
Holidays.
Overtime is defined as 1-1/2 times the current service rate at
the time the costs are incurred, and shall apply between the
hours of 4:30 PM and 8:00 AM Monday - Friday; and 8:00AM and
4:30PM Saturday and Sunday.
Double time rate is defined as 2 times the current service rate at
the time the costs are incurred and shall apply between the
hours of 4:30 PM and 8:00 AM Saturday, Sunday, and Holidays.
Holidays are defined as Yale's standard holidays. If Christmas or
New Years falls on a weekend, the Holiday will be observed
either the Friday before or the Monday after.
Service Labor Rate Applicable Time and Material repairs outside
the scope of this Agreement shall be billed at the current service
labor rate. See the attached Agreement Summary Sheet.
"Consistent with "Agreement Summary" as we deem necessary.
Specialty Rates shall be charged for Air Balance, DDC
Programming, or any other services that are outside the normal
services defined in this plan and will be billed at the current rate
for such service at the time the costs are incurred.
Truck Trip Charge shall apply for non-scheduled maintenance
and repairs. For Locations outside of the seven county metro
area, a mileage charge will apply. Travel time will be at the
same rate as the applicable service rate as defined above.
CONDITIONS
The equipment and systems included under this Agreement as per
the attached "Schedule of Equipment" and are to be performed
by Yale employees, and such others as may be designated by Yale
during regular straight time hours; provided however, that the
Customer may elect to authorize work to be performed under
this Agreement at such other hours as found necessary and Yale
employees are available at the then prevailing and applicable
labor rate.
All labor, material and other work performed and/or furnished by
Yale under benefit of this Agreement, or performed and/or
furnished upon authorization by an agent or representative of the
Customer, whether declared or implied, shall be invoiced on a
time and material basis and the labor rate per man-hour,
including travel time, in accordance with then existing and
applicable labor contract definitions binding upon Yale, shall be
pursuant to then existing labor rates as described in the
prevailing "Schedule of Labor Rates and Services".
INITIAL EQUIPMENT INSPECTION FOR FULL LABOR OR FULL
SERVICE COVERAGE
Yale will inspect the Covered Equipment within 45 days of the
date of this Agreement or as seasonal operation conditions
permit. Yale wilt advise the Customer if any Covered Equipment
is found not to be in working order or in need of repair. With the
Customer's approval, Yale will perform the work necessary to put
the Covered Equipment in proper working condition, at Yale's
standard pricing for parts and labor in effect at that time. If the
Customer does not want Yale to do the work to rectify these
deficiencies, or if Customer does not have the work performed by
a third party, the equipment will be removed from the list of
Covered Equipment.
WARRANTY
Yale warrants that its services will be free from defects in
workmanship and material until the earlier to occur of the
termination or expiration of this Agreement or for 30 days
following such services. Yale's sole obligation shalt be to repair
or to replace defective parts or to properly perform defective
service, EXCEPT AS EXPRESSLY PROVIDED BY THIS AGREEMENT,
YALE HEREBY EXPRESSLY DISCLAIMS AND NEGATES ANY OTHER
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, RELATING
TO THE SERVICES PROVIDED UNDER THIS AGREEMENT (INCLUDING
WITHOUT LIMITATION, ANY IMPLIED OR EXPRESS WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
CONFORMITY TO MODELS OR SAMPLES OR MATERIALS).
Customer understands and acknowledges that Yale is a provider
of services under this Agreement and is not a merchant or vendor
of goods. Any warranty claim for goods or equipment shall be
made against the manufacturer only and Yale will transfer the
benefits of that manufacturer's warranty to Customer upon the
request of Customer.
CUSTOMER RESPONSIBILITIES
The Customer represents and warrants that, to the best of
Customer's knowledge, all Covered Equipment is in good working
condition and that the Customer has given Yale all information of
which Customer is aware or reasonably should be aware
concerning the condition of the Covered Equipment. If
replacement or alterations to the building structure or equipment
housing are required for access to service or repair, such services
shall be furnished to Customer at an additional cost.
The Customer agrees that, during the term of this Agreement,
the Customer will;
Maintain dear and safe access to Covered Equipment and provide
timely access to secured areas when required;
Operate the Covered Equipment according to the Manufacturer's
recommendations;
Keep accurate and current work togs and information on the
Covered Equipment as recommended by the manufacturer or
Yale;
Provide a safe and adequate environment for Covered Equipment
as recommended by the manufacturer, required by law or as may
be recommended (without any duty to so recommend) by Yale,
including adequate space, electrical power, air conditioning and
humidity control;
Notify Yale immediately of any equipment malfunction,
breakdown, or other condition affecting the operation of Covered
Equipment;
Ensure that all Customer vendors, employers and agents are
adequately trained in operating the Covered Equipment;
Assume possession of all materials and substances used in normal
maintenance, and shall have the responsibility of disposing of the
materials and substances properly and in accordance with all
applicable laws and regulations, unless otherwise included in this
Agreement;
Allow Yale to start and stop, periodically turn off, or otherwise
change or temporarily suspend utilities and operations so that
Yale can perform the services required under this Agreement.
Pay all taxes or other government charges relating to the
transfer, use, ownership, servicing or possession of any
equipment relating to this Agreement.
Payment terms are net 10 days. The terms of this agreement
shall become null and void upon the failure of Customer to
render payment to Yale within thirty days of the invoice date.
Any dispute between Customer and any landlord, underwriter, or
other third party for the payment of any invoice, shall not be a
cause for the delay of prompt payment by Customer. Delinquent
amounts accrue interest at the rate of 1 la % per month.
REFRIGERANT POLICY
Customer and Yale agree to comply with any and all
governmental laws or regulations concerning the proper handling
of refrigerants including CFCs (Chlorofluorocarbons)..
If repairs are required, Yale shall submit to Customer a written
Refrigerant Leak Notification form describing the CFC leak
problem in detail. This notification will be given to Customer by
the attending technician at the time the leak is discovered. If
Customer resides off -site, notification will be mailed.
In addition to the Refrigerant Notification Leak form, a Repair
Proposal will be submitted to Customer where applicable for
approval. Customer agrees to review proposal and make a
decision on leakage repairs within five days from receipt of
)roposal. Yale will copy all notifications, proposals and repair
decisions to all parties involved, including building owner(s),
property/asset management, etc. Yale will only service buildings
that operate within all governmental laws and regulations
regarding refrigerants, and may at its option cancel this
Agreement if Customer refuses to comply.
Customer agrees to maintain registration of equipment with all
proper agencies, where applicable.
Refrigerant, compressors, and compressor oil disposal is not
included in this Agreement. Disposal and/or storage of
refrigerants will be at additional cost unless otherwise noted.
EXCLUSIONS
Yale services under this Agreement do not include and Yale shall
not be responsible for:
Supplies, accessories, or any items normally consumed during the
use of Covered Equipment, such as ribbons, bulbs, and paper;
Calls resulting from lack of operator -level preventive
maintenance, site -related problems, or operator error;
Service calls due to failures resulting from abuse or misuse of
equipment, alterations, modification, or repairs to equipment
not performed or provided by Yale;
The furnishing of materials supplies or services for painting or
refinishing equipment;
Service calls resulting from attachments made to Covered
Equipment or other equipment not covered by this Agreement;
Electrical work to the Customer's facility necessary to operate,
maintain or repair the equipment;
The repair or replacement of ductwork, casings, cabinets,
structural supports, tower fill/basin, hydronic and pneumatic
piping, and vessels, gaskets, and piping not normally replaced or
maintained on a scheduled basis, and removal of oil from
pneumatic piping;
Service calls resulting from the effects of erosion, corrosion, acid
cleaning, or damage from unexpected or especially severe
freezing weather that is beyond what is prevented by Yale
normal maintenance;
Repair or service made necessary by any operation of,
adjustments to, or repair to, Covered Equipment by others not
authorized in advance by Yale;
Repair or service made necessary by the negligence of others,
including but not limited to equipment operators and water
treatment companies;
Repair or service made necessary by improper environmental
conditions affecting equipment or electrical power fluctuations,
and service calls required because Yale had previously been
denied access to the equipment;
Identification, abatement, removal or disposal of hazardous
wastes and substances. Hazardous wastes and substances remain
the property and the responsibility of the Customer even when
removed from equipment or replaced by Yale. The Customer
shall be responsible for the proper storage, handling and disposal
of hazardous wastes and substances. "Hazardous wastes and
Substances" include, but are not limited to, used oil,
contaminated or uncontaminated refrigerant, asbestos and
PCB's;
Doors, gaskets, latches, and hinges of refrigeration equipment
because of the special nature of this type of equipment. The
Customer is responsible for the removal of all contents of walk-in
and reach -in coolers for either maintenance, or service of the
equipment; and
Changes to Covered Equipment, which in Yale's reasonable
opinion, affects Yale's services or Yale's costs to provide such
services.
YALE EQUIPMENT
Yale may provide tools, documentation, panels, or other control
equipment in the Customer's building for Yale's convenience in
performing Yale services. Such equipment shall remain Yale
property. Yale retains the right to remove such items at any time
during the term, or upon the termination of this Agreement.
INDEMNITY
Yale and the Customer agree to indemnify and to hold each
other, including their officers, agents, directory, and employees,
harmless from all liabilities, costs, claims, demands, or suits of
any kind, including but not limited to reasonable attorney's fees,
resulting from the negligence willful misconduct, or breach of
this Agreement by the indemnifying party or its employees,
contractors or agents.
LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGE OR LOSS OF GOODWILL
FORCE MAJEURE
Yale shall not be liable for any work delays or interruptions in
service that are caused by acts of God, strikes, disputes, wars, or
any cause that is beyond Yale's reasonable control. Customer
agrees to carry required fire, tornado, equipment and any other
necessary insurance to protect from any such or related losses.
TERMINATION
In the event that either party hereto materially defaults in the
performance of any of its duties or obligations under this
Agreement (except for a default in payment to Yale as provided
below) arid does not substantially cure such default, or
commence a cure, within thirty (30) days after being given
written notice specifying the default, then the non -defaulting
party may, by given written notice thereof to the defaulting
party, terminate this Agreement as of a date specified in such
notice of termination. In the event that Customer faits to make
payment of any amounts due Yale hereunder within 15 days of
due date, Yale may terminate this Agreement without notice.
In the event any court of competent jurisdiction determines or
holds that any provision of this Agreement is unlawful, invalid, or
unenforceable for any reason, then the parties hereto agree that
such provisions of this Agreement shall be modified if and only to
the extent necessary to render such provision enforceable and
otherwise in conformance with all legal requirements. It is
agreed that any legal action relating to this Agreement or the
breach thereof by either party shall be commenced within one
year from the date in which the cause of action occurred. In the
event there is any litigation or arbitration between the parties
concerning this Agreement, the successful party shall be awarded
reasonable attorneys' fees and litigation or arbitration costs,
including, but not limited to, the attorneys' fees and costs
incurred in the collection of any judgment.
RENEWAL PRICE ADJUSTMENT
Yale will provide Customer with notice of any adjustments in the
Agreement price applicable to a renewal period no later than
thirty (30) days prior to the commencement of that renewal
period. Unless the Customer terminates the Agreement as
provided in the Term/Automatic Renewal provision of the
Agreement, the adjusted price shall be the price for the renewal
period. If Yale fails to timely provide such notice, the Agreement
shall continue at the existing price, adjusted by previous year's
increase in prevailing service consumer price index.
MISCELLANEOUS PROVISIONS
Any notice that is required to be given, under this Agreement
must be in writing and sent to the party at the address noted on
the first page of this Agreement.
This Agreement is the entire Agreement between Yale and the
Customer and supersedes any prior oral understandings, written
agreements, proposals, or other communications between Yale
and the Customer. Any amendment or modification hereof must
be in writing.
No delay or failure in exercising any right hereunder and no
partial or single exercise thereof shall be deemed to constitute a
waiver of such right or any other rights hereunder. No express or
implied consent to a breach of any provision of this Agreement
shall constitute consent to any prior or subsequent breach.
The Customer acknowledges and agrees that any purchase order
issued by Customer, in accordance with this Agreement, is
intended only to establish payment authority for the Customer's
internal accounting purposes. No purchase order shall be
considered to be a counteroffer, amendment, modification, or
other revision to the terms of this Agreement.
In the event that any term of any purchase order conflicts with,
or is deemed to conflict with the terms of this agreement, the
terms of this Agreement shall supersede such term of a purchase
order. No term or condition included in the Customer's purchase
order will have any force or effect.
Should any changes to relevant regulations, laws, or codes
substantially affect Yale services or obligations, the Customer
agrees to negotiate in good faith with Yale for appropriate
changes to the scope or price of this Agreement or both.
Both parties reserve the right to cancel this Agreement if it is
found to be unbeneficial to either the Customer or Yale.
Cancellation shall be in writing at least 30 days in advance of the
desired cancellation date. Customer will be responsible to
reimburse Yale on a time and material basis for any and all
services rendered including labor and materials expended to date
that exceed the billings leading up to and including the
cancellation date. AU invoices will be due 10 days after invoice
date.
The Customer shall reimburse Yale for sharp adjustments in the
price of refrigerants. The customer will be invoiced for any
increase over 10% of the base in any calendar year. Phase out
and taxation of harmful CFC's are addresses in the 'US Clean Air
Act of 1990".
Any alteration to or deviation from this Agreement involving
extra work and materials will become an extra charge over the
sum stated in this Agreement to be provided on a time and
material basis unless specified differently.
This Agreement is offered pending credit approval and may be
withdrawn prior to acceptance for any reason without notice.
This Agreement and the rights and duties of the parties shall be
construed and enforced in accordance with the laws of the State
of Minnesota without giving effect to its rules on choice of law.
SCHEDULE OFINSPECTION AND MAINTENANCE
The following "Schedule of Inspection and Maintenance" shall be per -formed and/or furnished by an experienced Yale
Mechanical Service Technician in the appropriate season under the provisions and limitations of this agreement and in
connection with such equipment and systems as are listed on the "Schedule of Equipment".
�
�
�
�
�
A(R-COOLEDCONDENSERS
Externally clean air cooled condenser surfaces.
Lubricate fan and motor bearings as required.
Inspect and adjust drive belts sunecessary.
Replace faulty and worn belts.
Inspect and adjust fan staging control, if required.
Inspect, clean Et adjust fan contactor as required.
� Perform quarterly inspecduns
� Replace drive belts annually
� Clean condenser coils; one time per year
� Replace air fitters aoneeded
� Check belt, pulley and shaft alignment
� Lubricate motor and blower bearings
� Identify & report unusual vibrations or wear
problems
� Chock, lubricate and clean control dampers
r Inspect control valves and actuators
� Inspect fan shaft and bearings.
� Recommend bearing Et/orshab replacement'
if required.
> Recommend chemical cleaning ofcondensing coils,
if required,
SPLIT SYSTEMS
VVVVV
Inspect smoke detectors and freeze protectors
Test Et record motor rated Et actudvohs/amps
Brush and inspect cooling coil faces
Check and clean evaporator pan and drain
Replace filters asneeded
Check burners, pilots, pilot tubes 6flame
operation
� [heck ignition controls, noliout switch, pilot
safety and high and low Limit controls
� Inspect heat exchanger
MAKE-UP AIR UNITS
� Perform quarterly inspections
� Replace air fitters asneeded
� Replace drive belts annually
� Verify economizer operation and fitter condition
� Check cooling operation, including controls,
contactors and relays
� Tighten and clean electrical connections as
needed
� Check pressure controls
� Check starter / contactor
)i� Check motor amps and motor volts
� Check for signs ofleaks
Perform quarterly inspections
[heck safety controls monthly
Check burners
Check draft motor
Check stack / flue connector
Check pilot flame
Check pilot ignition
Inspect sections / heat exchanger
Inspect pump and motor
Check motor amp draw
Check boiler safety controls
� Perform quarterly inspections
� Check pump motor rated and actual vohz/amcu
� Check coupling
� Check and correct alignment
Check refrigerant. charge
Lubricate motor bearings
Lubricate fan and pump bearings
Check sheaves and pulleys
Check / clean condensate pan and drain
Inspect coil condition
Check electrical connections
Check solenoid valves (liquid and hot gas)
Check damper motors
Check thermostats
Check critical alarms/safeties
Check relays
[heck relief valve
inspect expansion tank
Inspect condensate tank/pump
Check system pressure
inspect sight y\cos
Check boiler feeder
Inspect gas valve and train
Check gauges and pump flow rates
Perform Rule 27({SD'l) annually
Clean burner units annually
Open boilers for inspections
� Check gaskets and seats
� Check operation of pump and impeller
� Lubricate asneeded
CITY OF LAKE ELMO
HVAC PREVENTIVE MAINTENANCE AGREEMENT SUMMARY #512-0953
TOTAL
SITES WINTER SPRING SU R FALL LABOR
HOURS
'City Hall
Annex to City Hall
:Public Works
Fire Station 1
Fire Station 2
!Park Building
TOTALS:
2
1.5
6
4
3.5
2
19
1.5
1.5
0
0
9
4
1.5
4
1.5
0
0
11
2
1.5
6
4
3.5
2
19
LABOR LABOR FILTERS/ TOTAL LABOR Et!
RATE DOLLARS ; BELTS Et MISC. MATERIALS
11 $ 111.50
6 $ 111.50
19 $ 111.50
11 $ 111.50
7 $ 111.50
4 $ 111.50
58
0)11 sumtvvp wITH WATEP (CU!;;TOMEI-I SUPPLIED)
OPTIONS:
Public Works:
Fire Station 1:
$ 1,226.50
669.00
2,118.50
1,226.50
780.50
446.00
$ 6,467.00
132.00
286.00
716.00
206.00
88.00
72.00
1,500.00
1,358.50
955.00
2,834.50
1,432.50
868.50
518.00
7,967.00
Add $663 -- for a 1-day lift rental (40electric scissors lift) to perform the infrared heater inspection is needed. ($443.00 per
day/delivery is $110/pick up is $110)
Add $406.50 (labor and material) for Yale to perform a boiler tune-up on the Slant Finn hot water boiler. Typically the
utility company will issue a rebate for boiler tune-up.
Confidential Prepared by Yale Mechanical 8/20/2012
�)'�EC El fil, i",L
sxcsrmcnw^Kit Lnmm+ ~puUVaovs
SCHEDULE OF RATES AND SERVICES
—
EFFECTIVE ApR/L/,2O12
HVA[SERV|CES: Yale Mechanical service technicians are among the most highly trained and qualified technicians
in our region. QuaUficationsinclude u two year HYA[ Associates degree, five years apprenticeship concluding in
certification of competency by examination in each field of expertise. Yale Mechanical service technicians attend
continuous classes and training seminars and are certified in accordance with all state and municipal requirements.
MECHANICAL HYACJUR|S8|[T|ONS: Expertise includes proficiencies in chilled water and direct expansion cooling
systems' forced air heating and cooling, steam and hot water boiler systems, various fuel burning systems including
natural gas, oil, and propane systems, filtration and air purification, process refrigeration, electronic and
pneumatic controls; hunmidification, ventilation, air handling systems, environmental test chambers, heat pumps,
building automation systems and data centers.
PLUMBING SERVICES: Service and repair of existing plumbing systems including medical gas systems. booster
pumps, mixing valve stations, RPZ testing and rebuilding (which is mandated by the State of Minnesota) and more.
HOURLY SERVICE RATES -SEVEN-COUNTY METRO AREA -%4'HOUQ/7'QAYSERVICE 952'8844661
DAY
Monday 'Friday
Monday' Friday
Saturday/Sunday
Saturday/Sunday
Holidays
HOUR
8 A0'4.3VRM
4:30 PM' 8A0
8/V0'4:30P0
4:3VPM'8AM
Ail Hours
RAT
Regular
Over time
Over time
Double time
Double time
RATE PER MANHOUR
NOW CONTRACT CONTRACT CONTRACT
CONTRACT "A" ^D" ^[^
$1Z8'00 $117.50 $114.50 $111.S0
192.00 176.25 171.75 167.25
192.00 176'25 171'75 16725
256'00 I35.00 2I9.00 223.00
TRUCK TRIP CHARGE PER MAINTENANCE $90'00
TRUCK TRIP CHARGE PER SERVICE CALL $90.00
OUTSIDE SEVEN -COUNTY METRO AREA MILEAGE |S65CENTS PER MILE
TRAVEL TIME ATSAME RATE ASRELATED LABOR
CONTRACT "A": QUARTERLY, ORFOUR SCHEDULED CONTRACT CALLS PER YEAR
CONTRACT ''R": MONTHLY, BIMONTHLY MAINTENANCE DRBOILER OPERATION SERVICE
CONTRACT ''["/ PREFERRED SPECIAL CUSTOMER
RATE SUBJECT TO CHANGE WITHOUT NOTICE
NONE NONE NONE
Call: ��^& ����
SERVICE CALLS (GENERAL �EMERGENCY) �\NYTIME QFDAY [)RNIGHT: .���vu" �.v^�_`���-v_o�^^xu
For after hours service our automated system will contact the service terhnician for immediate response.
ADDITIONAL SERVICES: Design/Build construction, remodels, retrofit and tenant finishing; Data Center systems,
hunnidificmtinn/dehumidificadon. Millwright services include: plant relocation, turnkey equipment setbngs, plant
shut down and maintenance, and material handling.
Call Yale Mechanical for Your Next Construction or Millwright Project!
^4E7-:-�' AN>[k,L
,,/',~nr/n,:,.-11/psrwcn,i�^wI m^ru/wumC'
�~^�«« m�' Lake U�U���� ~."~� ~°" ~~=�.. ~~.
SCHEDULE OF INSPECTION AND MAINTENANCE
The following "Schedule of Inspection and Maintenance" shaU be performed and/or furnished by an experienced Yale
Mechanical Service Technician in the appropriate season under the provisions and limitations of this agreement and in
connection with such equipment and systems asare listed onthe "Schedule ofEquipment"
AIR-COOLED CONDENSERS
� Externally clean air cooled condenser surfaces.
� Lubricate fan and motor bearings asrequired.
� Inspect and adjust drive belts asnecessary.
�- Replace faulty and worn belts.
�~ Inspect and adjust fan staging control, if required.
�
�
Aw
SPLIT SYSTEMS
� Perform quarterly inspections
� Replace drive belts annually
� Clean condenser coils; onetime per year
� Replace air fitters uoneeded
� [heck belt, pulley and shaft alignment
� Lubricate motor and blower bearings
�r- Identify and report unusual vibrations or wear
problems
� Check, lubricate and clean control dampers
� |nspectcnntrnivak/es and actuators
� Inspect smoke detectors and freeze protectors
|ospect, clean and adjust fan contactor as
required.
Inspect fan shaft and bearings.
Recommend bearing and/or shaft replacement,
if required.
Recommend chemical cleaning ofcondensing
coils, if required.
� Test and record motor rated and actual
volts/amps
� Brush and inspect cooling coil faces
� Check and clean evaporator pan and drain
� Replace fitters asneeded
� Check burners, pilots, pilot tubes and flame
operation
� Check ignition controb, roll out switch, pilot
safety and high and low limit controls
� Inspect heat exchanger
MAKE-UP AIR UNITS
� Perform quarterly inspections
� Replace air fitters asneeded
� Replace drive belts annually
� Verify economizer operation and filter
condition
� Check cooling operation, including controls,
contactors and relays
� Tighten and clean electrical connections as
needed
� [heck pressure controls
� Check starter / contactor
� [heck motor amps and motor volts
� Check for signs ofleaks
� Check refrigerant charge
� Lubricate motor bearings
� Lubricate fan and pump bearings
� Check sheaves and pulleys
� [heck / clean condensate pan and drain
� Inspect coil condition
� Check electrical connections
� Check solenoid valves (liquid and hot gas)
� Check damper motors
� Check thermostats
� [heck critical alarms / safeties
� Check relays
,
BOILERS
� Perform quarterly inspections
� Check safety controls monthly
� Check burners
;w Check draft motor
� [heck stack / flue connector
� Check pilot flame
� Check pilot ignition
� Inspect sections / heat exchanger
� Inspect pump and motor
� Check motor amp draw
�~ Check boiler safety controls
� Perform quarterly inspections
� Check pump motor rated and actual volts/amps
� Check coupling
� Check and correct alignment
� Check gaskets and seats
�- Check operation ofpump and impeller
Lubricate as needed
� Check relief valve
� Inspect expansion tank
� Inspect condensate tank / pump
� Check system pressure
� Inspect sight glass
� Check boiler feeder
� Inspect gas valve and train
� Check gauges and pump flow rates
� Perform Rule 27([SD'1)annually
� Clean burner units annually
� Open boilers for inspections
- C1TY OF LAKE ELMO - CITY HALL
3800 Laverne Avenue North
Lake EirriOi MN-;
ieity Adrninstrater Dean Zuleser
QTY TAG DESCRIPTION
MODEL
SERIAL TONS - LOCATED FILTERS BELTS WINTER SPRING SUMMER FALL TOTAL
TRANE FURNACE/SPLIT XR 90
TRANE FURNACE/SPLIT XR 90
LENNOX CONDENSING UNIT
CONDENSING UNIT
BOSS AIR AIR-TO-AIR HEAT
EXCHANGER
CONDENSER COIL CLEANING
HS15-511V6P 5186L14315
RZA336GKP1 X11965114
TOTAL MATERIALS
Filters Annually:
Belt Annually:
Miscellaneous:
Total:
552.00
$0.00
580.00
$132.00
1 Z0K160 : 0.75 - 0.75 - 0.75 - 0.75 3
1 - 20x16x1
- 0,75 0,75 0.75 0.75
0 0.5 0,5 0
0 0.5 0,5
0,5 0.5 0.5 0.5 2
0
0
0
0
0
Averaged Hours: J 2 3 4 2 11
Scheduled Hours: 2 3 4 • 2 11
Rate:
Labor Total:
Materials:
Total:
$111.50 $111.50 5111,50 $111.50
$223.00 $334.50 $446.00 5223,00 $1,226.50
533,00 $33.00 $33.00 $33.00 5132,00
$256.00 $367.50 $479.00 $256.00 $1358.5O
Confide Prepared B. Mechanical /20/2012
CITY OF LAKE.,ELMOi- ANNEX
Lake Efitio,*4
QTY TAG _ DESCRIPTION - MODEL SERIAL TONS - NOTES LOCATED FILTERS BELTS WINTER SPRING - SUMMER FALL TOTAL
AVE36ACA15N-
' MARVAIR H&C
2000 KN97484
-MARVAIR H&C
AIR HANDLING UNIT
DOUBLE WIDE FACILITY
AVE36ACA15N-
2000
KN97478
GOING TO BE
REPLACED
PLANNING Et
COMMUNITY I4
DEVEL,
PLANNING Et
COMMUNITY 2
DEVEL.
4
0.5 0.5 0.5 0.5 2
TOTAL MATERIALS
Filters: $188.00
Belt Annually: $18.00
Miscellaneous:
Total:
$80.00
$286.00
NOTE: This site is next to the City Hall no travel time needed
-Averaged Hours:
Scheduled Hours:
Rate:
Labor Total:
Materials:
Total:
1.5 - 1.5 1,5
1.5 1.5 1.5
1.5
1.5
0
0
0
0
0
0
0
0
0
0
0
6
6
1.00SPOOF
5111,50 5111.50 5111.50 5111.50
$167.25 5167,25 $167.25 $167.25 5669,00
- 571,50 $71.50 $71,50 $71.50 $286.00
$238.75 $238.75 $238.75 $238.75 $955.00
Confide] Prepared [3} Mechanical ,/20/20 I 2
C
OF LAKE EUAO - PUBLIC WORKS
3446 Ideal. Avenue North
Lake Elmo, MN
QTY TAG DESCRIPTION I MODEL SERIAL TONS I NOTES LOCATED FILTERS BELTS WINTER SPRING SUMMER I FALL : TOTAL
5 :BLACK HEAT INFRARED TUBE HEATERS
2 EXHAUST FANS • NO HEAT
1 MUA-2 TITAN MAKE-UP AIR UNIT (2000 CFM)
1 CARRIER PERFORMANCE 93 SPLIT H/C
1 MUA-1 TITAN MAKE-UP AIR UNIT (15,000 CFM)
CONDENSER COIL CLEANING
NEED TO RENT 35'
LIFT 1 ON WEST END:
DOESN'T WORK RUN ,
FOR 2 YRS
2.5 , 0 2.5 5
4
TAM•109NGHRD ' 10440 : WASH BAY 2-20x25x2 : 1-A28 0.75 0.75 0.75 0,75
5MT8080-16 . 4405A03338 : , 0,5 . 0,5 0.5 0.5 ' 2
-',
TURNS ON @ 4:30-
--' TA-125NGHRH 10439 _ WASH BAY 12-20x25x2 2-B84 1 1 1 1.5 4,5
U 12:DO
1 1
0
0
0
0
0
0
Averaged Hours: 5.75 3.25 4.25 6.25 19.5
TOTAL MATERIALS Scheduled Hours: 6 3 4 6 19
Filters Annually: $554.00 Rate: $111,50 $111.50 5111.50 5111,50
Belt Annually: $87,00 Labor Total: $669.00 5334.50 $446.00 5669.00 52,118.50
Miscellaneous: $80.00 Materials: $179.00 5179.00 5179.00 $179.00 $716.00
Total: $716.00 Total: 1 $848.00 $513.50 $625.00 $848.00 $2,834.50
Option One: Rental for a 40electric scissors lift is $443.00 per day.
Delivery is $110.00 Pick up is $110.00
NOTE: The filter price for the make-up air unit is approximately per quarter is 5138.50
Conlidci Prepared Mechanical 3120/201 7
CITY OF LAKE ELMO - FIRE STATION 1
3510 Laverne Avenue North
Lake Elmo, MN
QTY TAG
DESCRIPTION
BRYANT HOT WATER PACKAGE BOILER
MONCRIEF
MODEL SERIAL TONS NOTES LOCATED FILTERS BELTS WINTER SPRING SU ER FALL TOTAL
55 YRS OLD / NO
LICENSE SEE FIRE STATION 1
OPTION FOR TUFIE-
UP
0 0 1 2
EXPANSION TANK FIRE STATION 1 0.35 0 0 0.35 0.7
AIR HANDLING UNIT FIRE STATION 1 1 - 14X20X1 1 0.75 0.75 0.75 0.75 3
INLINE DUCT FURNACE (200, BTU) 1 - FIRE STATION 1 2 1 1 0 0 1 2
FIRE STATION 1 0.5 0 0 0.5 1
UNIT HEATER - NO TAGS (80,000 BTU) - N/R N/R 2 TIMES/YR r FIRE STATION 1 0.5 0 0 0.5 1
T HEATER
TOTAL MATERIALS
Filters:
Belt Annually:
Miscellaneous:
Total:
$90.00
$36.00
$80.00
$206.00 I
Option One: Add $406.50 (labor and material) for Yale to perform S
Typically the utility company will issue a rebate for boiler tune-up.
Averaged Hours:
Scheduled Hours:
Rate:
Labor Total:
Materials:
[Total:
nt Finn ho
ater boiler tune-up.
0
0
0
0
0
4.1 0.75 0.75 4.1
4 1.5 1.5 4
5111.50 $111.50 $111.50 5111,50
$446.00 S167.25 $167.25 $446.00 51,226.50
551.50 551.50 551.50 551.50 $206.00
15497.50 $218.75 $218.75 $497.50 $1,432.50 -
9.7
11
(Muncie'
Prepared 11)
,/21I/2012
OTV OF LAKE ELMO - FIRE STATION 2
42'59 Jamaca'Avenue North
Lake E11110, MN
QTY TAG - DESCRIPTION
3
2
_SOLARONICS TUBE HEATER
TRANE XL90 HEAT ONLY
SOLARONICS TUBE HEATERS
MODEL
SERIAL - TONS NOTES LOCATED FILTERS = BELTS WINTER SPRING SUMMER FALL - TOTAL I
TOTAL MATER1ALS
Filters Annually: $32.00
Belt Annually: $16.00
Miscellaneous: $40.00
ITotal: $88.00
zo UP FIRE STATION 2
FIRE STATION 2
COLD STORAGE
NA NA 1.5 0 0 1.5 I 3
1' NA = 0,75 0 0 0.75 1,5
NA ' NA 1 0 0 1 2
Averaged Hours:
Scheduled Hours:
Rate:
Labor Total:
Materials;
Total:
3.25 0 0 3.25
0
0
0
0
0
0
6.5
3.5 0 0 3.5 7
$111.50 $111.50 5111,50 $111.50
$390.25 50.00 50.00 5390,25 $780.50
$44.00 50.00 $0.00 544,00 $88.00
$434.25 $0.00 $0.00 $434.25 $868.50
Confide'
Prepared By Mechanical
.,/20/201 2
OF LAKE ELMO - PARKS BUILDING
Lake Elmo, MN
QTY TAG DESCRIPTION MODEL SERIAL ; TONS NOTES LOCATED FILTERS BELTS WINTER SPRING SUMMER: FALL TOTAL
REZNOR GAS UNIT HEATER
TRANE XL90 HEAT ONLY
TOTAL MATERIALS
Filters Annually:
Belt Annually;
Miscellaneous:
Total:
$32.00
$0.00
$40.00
$72.00
N/A
1 - 16X25X1 0
Averaged Hours:
Scheduled Hours:
Rate:
Labor Total:
Materials:
Total:
0
0 0
2
2
0
0
0
0
0
0
2 0 = 0 2 4
2 0 0 2 4
11.50 5111,50 5111.50 $111.50
5223.00 50,00 50,00 $223,00 5446.00
$36,00 50,00 50.00 $36.00 $72.00
5259.00 $0.00 $0.00 $259.00 $518.00
Conlidet Prepared B Mechanical /2U/201 2
IE CITY ()1-'
LAKE ELMO
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
T
DATE: October 16, 2012
REGULAR
ITEM #: 9
MOTION $$
Damon Farber Planning / Theming Agreement
Dean Zuleger, City Administrator
Mayor Dean A. Johnston
Dean Zuleger, City Administrator
SUMMARY AND ACTION REOUESTED: A key component in the land use planning
process is creating a synergy "or theme" between the three distinct planning areas within the City
of Lake Elmo — the open space areas, the Old Village and the 1-94 corridor. Damon Farber &
Associates, a Twin Cities based company, specializes at creating distinct community identities
based on sustainability, use of natural features and amplifying a community's character. The City
Administrator, in consort with the Old Village Work Group, recommends approval of an
agreement with Damon Farber & Associates to accomplish this "theming" for $27,500.
Fiscal Impact = $27,509
BACKGROUND INFORMATION: As the City move ever closer to growth in the 1-94
corridor and the Old Village, it has become all the more apparent that careful planning must be
completed to insure that these two areas do not become to distinct and separate communities.
One way to maintain a cohesive, unified community is to create a common theme that reflects
the open space character / nature of Lake Elmo in all geographies. This will be accomplished
through the design of streetscapes, signage, wayfinding mechanisms, common spaces, natural
features and entryways that are distinctly Lake Elmo. This theming is a precursor to important
planning tools such as design standards (both commercial and residential), form based codes, and
land use planning in relationship to density requirements. The appropriate landscape architect is
key in this process.
STAFF REPORT: Damon Farber Associates / Landscape Architects was established in 1981 to
provide quality services in the areas of landscape architecture, comprehensive planning, site
design and open space development. DFA concentrates their efforts in the planning and design of
exterior spaces as they relate to circulation aspects, function, maintenance, spatial organization
and landscape aesthetics.
Damon Farber Associates places an emphasis on the importance and value of enhancing physical
-- page
City Council Meeting [Consent Agenda Item 9J
October 16, 2012
aspects such that projects reflect clarity of site organization, open space relationships and strong
site/structure interface.
As a complement to the interdisciplinary philosophy and partnering approach DFA espouses, a
large contribution to a client can be the efficiency with which DFA works. DFA offers a
familiarity with a variety of regional zones and plant tnaterial palettes, a working knowledge of
group dynamics and a significant body of work relative to a variety of landscape types. Damon
Farber Associates is especially well qualified to offer objective, positive input to the planning
and design process with respect to the creation and enhancement of a sense of place. DFA
approach is responsive to, and reflective of, an interactive process which includes our staff and
clients as partners in the design process. DFA acts as a resource with an ability to elicit ideas
from our clients and the understanding to translate those thoughts from the abstract to the built
OUt environment.
DFAs most effective role is to be an active participant whose responsibility can include the
coordination and recommendation of design and construction aspects relative to site issues and
user needs. They work closely with their clients to arrive at responsive and resourceful schemes
which are innovative, meet user needs, address budget and which can be implemented according
to schedule. The level of our involvement can include the full scope of services associated with
the planning and design process from site analysis through the preparation of contract documents
and construction observation. Naturally, the scale and scope of DFA's efforts depends upon a
client's needs, a clear understanding of our responsibilities and upon the products required.
The City Administrator has worked with DFA's staff on a similar award -winning project in
Weston Wisconsin where an old downtown area and a new greenfield development were brought
together in a common theme. Earlier this month, DFA met with the Old Village Work Group to
determine the suitability of purpose / fit and the following week provided a pro bono
consultation on a walk-through of the Old Village. The Planning Director believe that this
theming projects plays a vita] role in the development of form based codes.
RECOMMENDATION: Based upon the background information presented, the staff
recommends that the City of Lake Elmo City Council is requested:
Motion: Approve the Damon Farber & Associates Theming Agreement for an amount not
exceed, without approval, $27,500.
SUGGESTED ORDER OF BUSINESS:
Introduction of Item ............. ....... City Administrator
Report/Presentation....... ......... ...... City Administrator
Questions from Council to Staff.................. ....... .........,...... ..... Mayor Facilitates
Public Input, if Appropriate Facilitates
Call for Motion ........................... ...... .......... ................ Mayor & City Council
-- page 2 --
City Council Meeting [Consent Agenda Item 9J
October 16, 2012
- Discussion. ........ ..... ........................... ..... ..................... Mayor & City Council
- Action on Motion. ....... .............................................................Mayor Facilitates
Attachment: DFA Prospectus
-- page 3 --
September 8.2O12
OeanZuleger
City nfLake Elmo
388OLaverne Avenue North
Lake Elmo, yNN55O42
Re: Landscape Architectural Services
City Branding &Public RealmImprovements—Lake Elmo, Minnesota
Dean:
Damon and | enjoyed the city brainstorming and branding discussion we had last
week. VVecovered olot ofground and believe you have the strong beginnings cf
something special and 'Fresh'that begins to redefine the City of Lake Elmo to
reaWon1e, developers and the greater metropolitan area.
It is our understanding that Flapjack Creative will be developing a design brief that
will provide potential inspiration for public realm concepts for Lake Elmo. We
believe the greatest value that vvecan bring iotodevelop anoverall approach 1m
'branding' of the community through the development of a 'kit of parts' for potential
public realm improvements, VVebelieve this approach will give you the tools you
need to create a consistent family identity that further enhances the unique rural
character ofLake Elmo and responds tuthe 'Fresh' approach.
We have earned a reputation for being both innovative and realistic. I believe that this
balance ufcreativity, aesthetics and function iaacomplement tothe interdisciplinary
philosophy and partnering approach we espouse. Our approach and work with you in the
past has mOemmd an interactive process inwhich me see ourselves as an important resource
to those with whom we collaborate as evidenced through our work with a diverse body of
clients and projects types,
Based upon our discussion and previous work with you in Weston, we believe the
following breakdown of tasks reflects a fair and reasonable effort.
Development mfaKit ofParts
* Site Visit & Tour ofCity with Flapjack Creative
° Development of Conceptual plan to identify gatowaya, edges, road types,
HOAidentities, Old Village and |'Q4Corridor Districts . open spaces,
linkages and connections and incorporate ^bnand/imageryoteach ofthese
points.
` Meeting Vareview overall approach bzCity public realm identity &branding
m Preliminary Development ofaKit ofParts
o Hierarchy ofSignage—monument, marker, identification, street,
banners
o Fencing, walls, gateways &bollards
o Site Furnishings
o Lighting
Dean2uleger
SK]/2O12
Page
• One Meeting hzreview refined approach and PRESENT preliminary kit of
pans
• One Meeting with City Council toreview progress
° Refinement ofoverall theme and incorporation into City marketing
information
~ Along with the Kit ofParts, develop a Schematic Village plan
° One Meeting toreview prototype concept
~ Refine concept as necessary
° PREPARE estimate ofunit costs per element for planning purposes
* Final presentation oftheme and overall branding approach tupublic realm
VValook forward Vocoordinating ourdoakJnefhntowkhyourplanning.zoningand
engineering staff. The final document for which wewill b*responsible will bea
flexible tool for your use with discussions with City Cnunci|, potential deve|opera,
staff and the community at large,
The total hourly not toexceed fee for the services outlined above ia$27.5OO.
Damon Farber's time is invoiced at $175 per hour, Tom Whitlock's time is invoiced
at $15Oper hour. Associates are billed ot $126per hour, Staff time iainvoiced ot
an average rate of $115 per hour, Technical and administrative time is $95 per
hour. Final Design and preparation of construction drawings and opecifioodunn.
Bidding, Construction Administration and Meeting time will be invoiced on an hourly
basis. Reimbursable expenses are billed etcost, Additional oemicen, should they
berequested, will bebilled otour standard rates.
Asyou know, our goal isVoarrive atresponsive, resourceful and sensitive
schemes that meet your needs. From our work with one another you know that ue
provide osite design discipline that incorporates acomprehensive practice and
which addresses more than acosmetic approach toplanning and design.
Dean, weappreciate your consideration, and | will call you later this week tosee if
you have any questions,
Sincerely
Damon Farber Associates, Inc.
Tom Whitlock, ASLA
S12017 Projects112-138 Lake ElmaTeeCuiegec, Dean 9-5-12 - Public Realm Branding.doc
Damon Farber Associates
Tom Whitlock, ASLA, Principal
Damon Farber Associates
401- 2nd Avenue. North Suite 410l Minneapolis Minnesota 55401
P j 612.332.752.2
E k twhitlock@damonfarber.com
Wi www,damonfarber.com
Otc
Damon Farber Associates
Damon Farber Associates was established to provide quality services in the areas
of landscape architecture. community planning. site design and urban planning
VVe concentrate our efforts in the: planning and design of exterior spaces as they
relate to aspects of cii culation. maintenance, function, spatial organization and
historical precedence.
We place an emphasis on the importance and value cif enhancing, :Iiyseai
a
aspects such that projects reflect clarity of site, landscape and compositional
relationships and a strong, contextual site/structure interface., Our goal is: to
arrive at responsive. resourceful and sensitive schemes that meet user needs.
the firm's philosophy is premised upon the: concept that abovo all else, the design
ii:ifocess and product must refiecl the highest level of professional expertise.
e-,-;pertise is based upon .aestlietic sensitivity. current technology. function,
logic, and fiscal responsibility,
A lags contribution any project in vihich Damon Farbei Associates IS involved is
the efficiency vitiiwhich we work and the candor that we bring. The level cif our
involvement can include ide fill! scope of services associated with the planning
and design process from site anali,sis through the preparation of contract
documents and construction ohserval ion.
Out staff embodies a seneitivity that promotes creativity and which
planning to evolve from the largeriickife to the more detailed focus of design
and its benefit lci the user. One of Damon Farber Associates' 'frost effective roles
is as an objective participant whose responslbilitr includes the, coordination
and recommendation of design and constri lotion aspects relative to landscape
architectural issues.
We piovicle a site design discipline that iitcolporatis a comprehensive practice
and support a vision that addressers more than a cosmetic approach to planning
and design, Certainly. in today's competitive market, skills in the area of
communication and an ability to deal with facilities and grounds staff, committee
menthe's and users - ail withiii the conlest of community is a valuable and
necessary c,ernmodity.
We have earned a reputation for heing both innovative and pragmatic:. I
believe that this balance,: oi aesthetics and fLIFICAIOrl Is a c;omplenient to ide
interclisciplinafy philosophy & partnering approach we espouse.
Dur approach is responsive to, afirl reflective of, an interactive process which
includes the client and consuitant as integral to the Planning Team.
Neither the perception of place not the physical environs will be improved solely
through cosmetic appiicetions Problems and opportunities are best addressed
when solutions are not imposed but rather when they are objectively identified
and quantified as a result of disconrse, shared knowledge and experience.
ivlost important is the definition of a course of action v.ihich projects a desired
image and which promotes a Sense of Place.. That sense of 1.)lace, and the
resultant welcome,. ‘val mart scale. and familiarity reflect an appreciation for the
context il vhicit a landscape is siuraert,
feel vs y strongly that the landscape is a foregfound rot presentation ot
the functions it supports and must reflect the e.stablisited image, historical
precedence and integrity of the architecture and the landscape. Site and
structure should be mutually supportrvie. Image. theme and perception are
cieateci through the introduction of site elements in an organized and carefully
orchestrated manner,
Anii, site ispecific design schema must eviewed in a comprehensive mannei.
and that an appi'oach which looks et piecemeal solutions rather than at a holistic,
approachcan only do the Inembership a disservice. Resource Management.
Sustainable Design, Open Space Planning, Steivvaircishin and lk.i.itidscane
Preservation guide our efforts. As such we hellave that there is value in the,
preparation of plans which alloy,' for ongoingciecsolis to he mode a prescriptive
raid logical manner
A well concet,.tved landscape platt addresses the cool diitatioli and recommerida (ion
of site aspects relative to aesthetics. ceremony and functional realities. There is
no one., site component, approach or determinant which is tho correct solution.
Rathei there are inany intemelated influences vihich are part and parcel of Ede
organization and peiceptionof \liaf.. a landscape is.
Open space and ha«IscEipe combine to coiriprise a landscape that is a toreground
tsrf:of,sen'taion of the f,inctions each supports and must ritefiec t the establisl ind
image historical prececience and iiltegrity of the al chrtecture and site Site and
structure should be mutually supportive just as aestiii&tiies and function must he
married to Orle another Imagetheme and perception are created through the
introduction of site cia nents in an organized at b carefully otchestial(ect mailnet
vhere creativity replaces mediocrity.
To el ihance site and establish a charactei that does, not 'feel stilted requires
a sensitivity born ef sympathy with the ertviromnieirt an(' appi eciatron for titct
emotions to be nurtured While it is iirtikerative to address, a projects functional
reciiiirenleatts it is aisci irni)ortant tc p7ovicie ciontinutty wile a strong. visual
aesth.aitio iaGnieved through the introduction iet -rnarkefti-chicd recall the
relationship of landscape with architecture and our place in the woi Id
Damon FarOer Associates believes that the inclivicitiars presence and not that
of structure must he of consequence. We believe that there is logic associated
the placement of ot..),tc-i.icts in the la3idscape, the oigaation of function and
space ai ict that the quality of the spaces we create is reflective of the quality of
the world for which we are responsible.
(..1;d:on endr.dorndnt,,, tedune np•,-,r$E.- than a
cod netic a,,,Pdodadh sdP.,
sons:no-11,7,F._ h,isn!,
pcoidsPlan dddponnIents car, Pe
1 FsPane3
and dos,,,,iididnidit at n
tddia of an Eli da and thd
opdaddo ;F: ‘s.:(SS iSISS
n1S3teruss,S;s,
SS; Ls;r; FnICi i.Finni3,1n4";;C; arn,srpngs
%%non, rdionol,dondrn. sod andtfsar aid
rodo-doratod-
e,pednadsdas.
Afton Downtown Plan
Austin Downtown Streetscape
Cry
Smart Growth Opportunity Plan
Cr4 of 8;(1.3kiyil C.:onto!.
Canal Park Drive Streetscape
City rd'I Ddis
Cedar & 38th Street Improvements
Powderhorn Community Council
i'ldirleaddha..
Centerville Master Plan and Design
Guidelines
rdf Ceiddacda,.
Dinkytown Streetscape Study
Busmess /P.a.ddo,a Dor,
Cdunt)
1\1;nn,,,opods., NIN
Duluth Convention Center Plaza
Cily of Duluth, Mindndw
East Seventh Street Improvements
Dow:Kir-now. of Rand r n \KLcn
Ddvelopr-nent
Pdol.
Excelsior and Grand
Park. fvFi
Fargo Depot Historic Plaza
Fg PE2-11,-.; DE-partmeii
ND
Fourth Avenue Block Streetscape
Improvements
C,NIA/Sse,-onar,
cylid
Interchange/Shelard Plaza Office
Eddaia
1,nr,eap:,,,,s.
Landings Urban Design Guidelines
Corninnn,S. Aan,,n;
rohoneadoild, Mid
Lake Street and Ferndale
V\,,a,,'zaa
Laurel Village Streetscape
D,ave!od,,,-nent..(MCDA
Marshall Main Street Design
Development Plan
couno,..
Minneapolis - St. Paul Airport
Arrival and Departure Plaza
i,,r)•
New Market Master Plan & Design
Guidelines
ir,,,Idonet.,
Nicollet Mall Sidewalk Replacement
Concepts
poapc)f,s.
Payne/Arcade Streetscape
Improvements
EList Shia Adscod.aonn,
St. Paid.
Pleasant Street Corridor
Liniversdy iVdmad-Y..,,,
Moindapdhs, MN
Plymouth Avenue Streetscape
II
mood) p..-Y-arlon.
M;\;
Pouliot Corp. Streetscape
Furnishings
Comcv,sit,on
Scofield Avenue Streetscape
If5pOfl.:31.i0;1 Si t E;etscap:rg
St. Paul Lowertown Historic
Design Plan
1=7,vverlc,',vn
St. l''',,t1.1v1r1
Sixty Sixth Street Corridor Plan
Cou:'11.y
PH
mf.,1
Tenth Street Streetscape from Fifth
Avenue to Portland
Thirteenth Avenue Streetscape and
Facade Improvement
ELisi-ies::;A:ciciai:c.,,n
Victory Neighborhood Pedestrian
Needs Study
ViNA
Wayzata Bay Redevelopment
PrOpellf,DF,
Z at 3 N
Wayzata/Lake Street Streetscape
Cit,y Waizata
Washington Street Mall
V,LFAisau, Msconsol
Washington Avenue Streetscape
mpIs Agency
TvIN
Weston Streetscape
of
Winnetka Avenue Urban Design Plan
Wonju City Master Plan
Demon Fachet Associates has a full untie
staff f teem professionals. tsiti.ach fif
vt'llorn is committed tO1ricle,,,eloTtrent
ouallty et:tenor enviroomcsnts
sfcltgicris to challentiging site issues
betstrt! on sr,,,nsitiv;ty, froasibilit)
and technical (flrfp 1C W pride
oursodyes011 ocit tstn' pt.-lienc.& both
1.D-tanning and implementing the largest
and most succesSfel 111:xed tv,;!,:, projects
\tilthin the upper M'cl west.
Trbe11 el of our Inc)oldsment can moltnite
11Oih onf serl, tees assoclated vdth
11-)s, planning posieeSS floth sitft analysis
through the prepao.ation of contract.
c Irmo n ts and col-1st:0c Lion observation.
t ht. act, tat scopc! of Odi efforts
(ope:Ids upon the, client's needsa clear
tindoitstancf co"our l'El7,,,,)OnSOildi4H,, and
Since! Growth AP...arc) from 1.000
Fliands of 111nriesota EAcelsird
Grand
fv"lisr Award Todn
G, een Enicelelo and Graticl
MASLA Mord:Aiwa:di Vtdage al.
Mot id10.i Heights
fyllnileapolits CUE Award
South Hennepin Ave Stireieftssapo
Memiasiola Sl-fopplog Comilrot Medi
filiettarn Golden Vatnati1 ir1011
10n-of-scoot& Slmooping Cenfor Mei t
ituvauti Tie Sitt,dopeof at Athos
altos
Amherst Wilder Foundation
Pert -ins
Arbor Lakes - Phase Three
Opt s Develoorment
Bandana Square Master Plan
Traumbel, Crov,
Brooklyn Center Smart Growth
Opportunity Site Master Plan and
Development Guidelines
Cmy of Brooklyn Cente
Crate & Barrel @ The Gaileria
Shea Archltects
Element Hotel
Opus Disocilobc-nent
Excelsior and Grand
TOLD Develiopnent and tItie City. of St
Lotus Park
The Fountains at Arbor Lakes
opLls Development
Gabberts @ The Gaileria
Gabber/ and Beck
Golden Valley Retail Development
Opus Enginfiir5/1(1',E
The Grove Lifestyle Center Concepts
and Design Standards
RYAN companii,-ss
Hudsons Store -Troy, Michigan
Dayton [Judson Cof po'at)on
The Legends at Village West
Concepts
Dity, ccij len!
Lunds & Byerly's (5 stores)
Fty'Pfieid,
Mall of America - Phase One and
Phase Two
r\&.,(01.Senan Associates dinnt,s Flee
Maplewood Acres Lifestyle Center
Ronerl Street Partners
Marshall Field - Columbus Ohio
Dayton Hudson Corpor ation
id Use & Urban Design
Medford Mall
F.1CG Real Estate Partnets
Miller Hill Mall
rnile!vin SiniOn ASSOciates
Macys & Nordstrom - Mall of
America
Bloomngtcm. Mlfb-tesota
Minneapolis Downtown Improvement
District Greening Master Plan
ivi icsapolys Mirilyssnio
Market Place at Golden Meadows
Ghicior7i Companies
Markets at Rush Creek
unitei 1 opaehoi::,7,
North Oaks Village Center
Wellington Mariagoddont
Plymouth Avenue Retail Shops
Ray Flards Development.
Rainbow Foods Centers
Watson Gs, nte
Shops on Main
Southdale SuperTarget Design
Concepts
largo! Ciai-peredllOn
Target Store Design Standards and
National Site Prototypes
To o G,CrpOrall
Target Corporation Target Stores (27
Stores Nationally)
RYA. Conlon ors
SportsTown USA
auenohnh Companf,DS
The Shoppes at Arbor Lakes
Opuis / RED Dive!opment
The Village at Mendota Heights
F2MF Group
Wal-Mart (6 Stores)
\i'Vs; kl,y1„/ Colori3cJig ConsultanLs
Washington Street Retail Mall
Wayzata Bay Mixed Development
Woodbury Lakes Lifestyle Center
Nortirivrest
Cbt
Miggid Urban Design
Excelsior & Grand
St. Louis Park, Minnesota
Tri?. Cu,of S.L Louis Park, through a odinra..InitN, wide visis):aug process created
for recieti..ieloping an eight square, Lildcl, area into a vibrant space, ft); ssr, shopping a,!),:i
v.orkwii2. Told Den'olorynent was scilectieci by the City to make trie vuiton a reality and
sabsequelut hired Daimon Farber Assockates to dete_n.lop 5 compredensnia sue plat-, that
V,'CR;rd 11!11,3CLlds saoaisnaLu e orthe development and iise vision of ttia comrouniry.
Tue focal poslt of the derelopment rs a two l)rock lorteri. 10551 Gieen. Elemenis such as
dec,,yahve sirec5 lights-1g, banners seas:Dnai plarrers, public a: t. aityprs, fouruains and
eecoiative 1:a55r5 rs infons the pedestrian atraospheiss end pro hate the irnazsi of a v;tai
corn
Uvc 5 ssiper,son Vas aris' Mei-nor-car aiinitknithEcater pr di, retest a Space 155 sons' nu
events and also proeides ADA access to the park. TMei unique partnership bertviieen
prieiate 'development Etrij 5L10115 0i),:-'11 space results in a s:race that rufrects the reran cif'
the: community.
Fjiftt Astrttatt ththst thchhaatatth th
rhstfttishatt.5 (thand rthicitt;s gnod proy,,;.:3
IV V dela, g V,: V, shaesta. htt
tilts ptitithat. 11 hat; hrthatstt sr,a chet-thhtthti tttrylttatt;
tthit; ?ha' Ott of St. t pF,7i
- Bob Cuningham, Senior Project Man-
ager, TOLD Development
Reference
1:)1. HarttN.auttr5, Oh/ t`hl.tattatt
ihtattt c.a St.. Loots Pali,
957.9
DFA Responsibility
Put.ha, Itiltatatt4, atahttathat
St rattitsaatthapht iathttsagtt
ihvan Grt'ttc-.1; Ithastgit
1-thhiadt'ithath Cohttot lat.55455
hthttl8r,thing
Project Budget
+is edriii.rd tkull'irkk
Site Size
Awards
The star:at Grata:tit Astatti
iihatta rihtrals tat MInth,thtatta
Palhh-thtithata Shopitairtg, haentht thta,tral
mAstt,t, kittatit PoiVOVI
rliervett ltophait s 1555
44
,4,10fkgg • 4
Reference
Poss
1242 •-••
DFA Responsibility
Defaming
ListaDeis:aid niatipendinn
sudisitstiatir
Miiiand susses Dissigii
saner niiirs nritirge
litliennefg
Feethie coil end Diiitelionilient
I itivrittiptie. firldne
Project Budget
Site Size
23
1)E111,,I1
The Village at Mendota Heights
Mendota Heights, Minnesota
5,i3 -Viiiagc, at Mendota Heigntsf is a misectitisc development with 0i 1003000 sf,
mieediuse fetuil and office spade. and inckhri,3s anpieiiiimately 135 ria l'IOUS8ig, units.
Lica VilLege design &duds gn tiga sassessful ulnas -id use, neidstrian fidenctly anvil forariont
of tido classic 1914 1\il:iailves Squids:: plan of Lake Fredest.. Illinois. designed tdi Chicade
dichileol Howard \'an Doren San. Lire Latte Forest. this pticdecl reflects the desire of
etas iseatliaim who washed to Cre.,E11..!0* integrate lifeeitigle living. shopping anti inte
a cohesive village. deindiestmg,peoplid \evil one anOthe
iflort the laridscape architect. tee Lad the site design tiraiougn as, ref forts in dr:Leticia urban
design -goals. enhancing the sonairsurittias vson. di:it-eloping the village character, and
collatitedatting vish the developer, old., and design learn to inSWE- C,C)trSi-St=:*1)0y 1:1 thG
project's pedestrian friendly design and aesthetics. Losalge ban:a:Deed limestone Lila:Fs
ace 115e4 throughout the village %Leiter feedures aad ianCISCai'2-3, heipTi2 define all
siutdocei panes. Larldsciaplitg is used lo direct pedesulan now, trees and street lights
mash clown the gig:leg:all, developing a consistei it iirgithrin for the de „titled:where:du
Reference
Or
DFA Responsibility
oar
Site Size
afFa.,;
110'0:01( / 41,10
Victoria Mixed Use Development
Victoria, Minnesota
CEI Vcij1uree selected Damon Farber Assoc iatas to develop a toaster doveloproent plan tot
a 13.5 acre parcc I adjacent io clowntaven Victoria, MN. Tne plen coe3100 a neyy entrance
to Ibo silo from Hi3hwa 5. The ttrance heoornes the main spine 01 tho developmect
v,ith office arid etail Irafacing tnra neyr, street and housing and ho.L,c,i uses on tho
pel010c th-a- overl0okinr5, the yvetial ids to the noi-th. A Now City Hall and LilDrary
:are located on toe east stie of the development tho historic
The !cal n street orier.F., npot tat nt ty for doll ite.ea and c.1 sates a vista to tile yvettand
to tli.i icrrth, Decoraltoe paving. 1,gfritog ancl site reinfoice the pedestrian
character of thrS, Straai. Mak', Sp3,oL taint nafes in a (lei-tan-1N plae.at that ov.erloolya the
v.estIanci oomploc and creates an entry area lo tho I iel,.31 :and lOOrter hot/sing.
The hoi.el and Irreusing oirc Icayet level vy-alleut spaces provicfri,.,?, important linkages to
trail system to thr: nor tn. Mail,et Street. creates an internal loop road that
provides easy acoesr [non the frontage road and ot Eanizes traffic proven-lents. The
iandscapinE refl,-,,cia3 the natural character of the site and redi..icas 00 nea,c1 fo, vrigat,or,,
I, -4,44 e
,•••tk tiv • t7,-ALC,
•
Aport.ont*,....
V.,110,10):WIA0.14.
'
MDID - Greening Master Plan
Minneapolis, Minnesota
fria MirineapcdrE, IMprovCweilt DISIfict hued a toietin led by Darnion barldai-
Associate.s [DFiA) [si develop e phased greening [nests,' plan that. vtiould transicirin
cloointoirtn Minneepol oi.rer the ntaviiii. 20 yeaf5 ilito a mord podealrlait iftiendly
gee!) (10`0,fli.OWii. The greening strategy is 'tic erfliSed Ural. 13 Cir)Alli:OW•I
continues to feel safe, brant and sustainable that groiriLll and private invet-irtrnent oH
follow. The effoit r.ocusee on improving brie publie idaI13s, parking lots end private:
storefroi its of cl.dernivrytviii tnioitigh a pul?.lic,rprivatte patine:es-flip Etpproach.
As tin LanJs00130 ACC011CCL, UFA developed a series of piolotypicarerat vigtnettes
that nt provide e tool ben of potential irriproveatents diet could occui dot-tint:0,m1, The
plan boiefiC,,r:S 01'E: 1-1?ed for seasonal plantings vvith -the desire fo long, tem-, sitiseeninable
iantings. The first phases fo on th,a. ccric: srraees cfioojlror Fleinnesiiiri and the Fittiii
Sfreet LI31 corridor. while future phases vrill radiate nr from din core fei the edge 2f 'trio:
120 jloc1 dsti VA. The gree-v[112,ot doiiviitoitivn Min neatrlis 111 ived cithiee green (Tides [ike
Chicago. Riaykjeviili„ Pnrtiand Malmo.
Reference
Hame.
Piiiitneapniet[Orivinietvtoirciiitrivi.riviteivi
CI 'fat' n22221,22 Of 2:21
DFA Responsibility
Project Budget
v,zsco,or,0 J 13
Site Size
20 SQUi-30,--.,
•tii• ‘4141,
4 •
•
Mt11 ohs DID Mastot.Gwening Plan
1),0116,r! i" I i{ (it
! want to offer my kudos to DID. Of particular note, the
cleanliness, friendliness and planters are amazing! Proud
to call Minneapolis my home. - Downtown Employee
Minneapolis Downtown Improvement District -
Greening Master Plan
Minneapolis, MN
Tees ittlirsteaselis Doeserei Isonsidvithiostedi Distnoi hired a teatin led lsy stisision
ftsseeistesto deed a toaster plan tide this 120 scitiase Nock area odcstindittn
Minnesititells. Ths design riisinissipt teititissia on fits Tisy ensiondi of diownticiten: titialissidass.
sant:Tait/ slsests, siEssonstary styes:Ts. sdittpornsig sactets and publielpriesete 2reionintiti
saidestunsties. Trio- plan balanstais tins dssls to haas tfi clestirict seen:ass-10 or intesesT ttith
this need to create long teirrn sustalnatsits. solutions.
lite first phase, implemented n 201.0, incite:Ns new plahtingonitisonstari Assn Ll
Mali anel the, 0tt Street I RT sentries. Toe intiptioyeirients also ediencl Nile line
iitestehouse clistrist expand:Ng the croon initiative toisartilts Target Field. The result has
orsaided pedestrian frieinciTy spaseo tishiete a harsh pi bon so...kit:if-Hsi-snit ()nos aorninatiati
the \tett. The greenina 0 Otte-Nied to make stottinteptsi centipietitlide and Ninsing
ettoronoterit for tits:so:lents, businesses and 'sitars.
Reference
itaditgres, Proiratt it/tanager
midisespislis rirstien Irdpropiiiiiiipti Dist, lig
el12.9elienafitiii
DFA Responsibility
si
Screiterisi Pia -ding rarsitai
tisitive
Project Budget
c,zsm,r, ass.
Site Size
120
Year Completed
t I
Canal Park Drive
Duluth, Minnesota
Damon Fa: er Assec!die,,,-; todA the lead desiEn dDle, in this nrolect which int:tuck-HI 'flip
orchesuation of 9 Mon) of -Drchitocts. angineers. ,artists and City ',;(1afi, A F.,17,:ric.,5 ef;
ianciscapc architectural markers wore intrc,citiced -- ranging from a structural ,7,:dr.4111)11?,,
Which ,oc,311,3 historic light houses, '40 site furnishings, paving, founfains, sculptures
and plantings', which emphas.-„ize 0h,3 LIF,0 cr ndigonous mate) ials to create a recognigablo
regional imag'st. sons°, of conte*. ;and visual continuity+
The st1CCeS,It for this refurbishment project has been rc-aligecl throiAttp its ability ohOS1
00095 as intimate as individual strollers and as igrp„e as he thnusancis of runripts,
and spectators, nho paiticipate in thci annuni Giini-K..!ma's marathon, it 'Iasi pec0r,-10
sipificant open space vvitlich octicibrates Duluth's four vei distinct scasens. emiticaces
daytime snoopers, alitifi night -tine reveerst ancl captures tilt? spirit aniti iftiversitv of OP
Dtiiutsi sommunity. rho succes.sftiily rurnoc 0 Sorsilcolit 1):161!C i0ve!-;(rii0n1 010
has spurred continued fecyttie1s9ment and investment i thp 0105
Canal Parte, bus,inr-.)s,ses saw a 2aff, jusitp in business within the firs(
DFA Responsibility
Put :II,:
tf,treett.icitipititts-sigit
feciiit,tiaitos
Project Budget
$2,70c.,:)0t)
Site Size
Year Completed
tP92
IAUM);.1
Camp Phillips Business Campus
Village c \Nestoii. Wisconsin
illecilier planned Cal cache:. iiiiii hush cch
eio&id intiustiia! Oci, clop -Peril Ochilightsti quaky lohailitilia
U)rASSOhlaierii Created filetagiri apara quaah. of
for CainpPlkGasifies:a Campus, Cilictifiaa fiat
viSUai fl,r the arca.
maintaining opportunities and catili phoichi.
leek:acid eat paramiatare foi integiated faith, ph -maw -hi., lancishaitingi
a:hieratic lighting, as vacil as picitscaireai and siesigia sihoiriiteeil anti rso leas
intent is10 estaoksh cianiasichit ciesigh carlucipi. at prixioCes E`; dear hltag÷ -arid
or rifitisitige, efficiancii and if -Misfire -hi %aloe far Cali -fig:, Busiricse Camitais,
Reference
Ensiciaii
ijO.2Ei /Cr/
DFA Responsibility
Project Budget
$1.5 miliKpl
Site Size
1.,0;f0:-N'JSS
Year Completed
Schofield Avenue Streetscape
cf WeSton, WiScOnSin
Schofield /Venue, like nany retail cerricrie +istnr0hiOut Arne hca, laolreci a cense or placc.
ano faileo to arovvr,ie, the villagolci commoroial 00-rricicir unicp.IPHon t. DriringiOn FF:rn,01'
ASSOCiaV:•S ohn:lengori to crear.e corricior with n Po imam Link-1:Jccharacter, and
thai ‘'Tin Continue ro saw private inveS I me n I..
Damon Ffirher Assiiociates carrioncod Schofield Ave, ac an latograteu corridor ',Or
I:rosiness, cotnmeroial. and rosidential c$o oIcnrnnt.ancl proviaaid quality
business locations in a cilistinctive enyironment, The first SZfiip EiS croating 1 CL:IleSIYE?
Ste elements paletitel the palette :drew inspiration 110111 lfl prairie Filirld o arch:tech:re
roots in l.he clfate of 'At:sr:ens:ft, Those elements :Nero then overlaid on the corridor
livhefli: near() eat°. along with now s+COWalltS,. street trees, stria:ell:gilt:rig, wider medienes
arid crig.2onfigLireci parking
The final result created eradestrian friendly, itiriiquin and wielcoming. sir-wit:ailment for
local recidonrc
Reference
HOS•PllifIg ZPVig..NW:..1„ RE, rris
rat iNiscovisin Engineers .1';
Pfpgrici: 800.2Eid..5707
DFA Responsibility
s Design
riiiiirreirg Lighting
naming prigiv
Project Budget
Site Size
iring C,,Mtior
Year Completed
:00E,
Note:
(It
iltorig
Eigir pity iipPosire
crirpgr
.1.0Ammitt,
Sa,,AtiltfAvon,ty
s,t,of4,44,0 ma.M
•• ••• ••• ••• •• • • :• • .... ••• • ••• • •••....• • • . • • •• • .• . ••• . •-• • • • •• • • ..• +.•••• • • .
Ts:greater::
1"!
etladzioAZIOUlt,
Reference
His^nt),t,i Adidd
teritit e,„ Dilttee it(
1'3 Pere': stsistai s arid yr:sir:rocs<
DFA Responsibility
urns tad: Pitsissusg
sr:site tors -tarsi suariairsissis
Project Budget
Site Size
Year Completed
Vermillion Street Master Plan
Hastions Minnesota
Dassition Farber Associate load a tissaist of cona,ultants. cyriioss diticistri Vs.'s:sick Adsociatios
tranisporlaticrst plans-sant; arid QUarri SUdind,Ch public flhansts arso roaritset analysis cssopertits
th•S \AdrOri St.!'eef. Z.ddyl odes and to racorianiserici a nett dissection loosed upon tld.d
Chaldgilg nT,"0-kEdrdace. Vermilison Street carries 30,i)00 \udirsicies per ciay and coats
,5 earls:sty ct comrstissuatisl, industrial auci rosselentssal land uses trtratchst dcurs atorosiss sta.
length n nn particular order. Aocitlitrits vs.ssrito lnereasingst, seddn esossaeci isssvas eostruit.
pia:ft-stilton assafaty eras; coriddronrissecl ancl lousiness deolloadi tiyittrk fuftiors
Sal)slstsssis of the Cdd'fid01.
D.Y2 insult of tits: effort IS thid String; of Poossis aossestspz that gultisiciss rissers. hialtes dansitys
ntitsiscts use chastalsopirsorir tosidarcts conitiolissrl intsodestraticsnos to put business in loodrioirss
that ode easy- 2isicastrisis tnear and roes:lents. Salts, ideciestrissu csiessisdzs. lianciscianserl
nedianssnd clocissoratiusis streetscapo sr:anti-And to 5 "V,Pr`-es the Oeettett den: i and f unsutirdsis
of this toorfidors
//n',/,'v-
����I� U�Y ����
^^^��~ u—~^~.,^�,
YOR AND COUNCIL COMMUNICATION
DATE: 10/16/2012
REGULAR
lTEM#:|0
MOTION
AGENDA ITEM: Conditional Use yeonit— 11200 Stillwater B\vd.N.
SUBMITTED BY: NickKJ. Johomm, City 9\ouoer
THROUGH: Dean A. Zuleaer, City Administrator
REVIEWED BY: Planning Commission
Kyle Klart., Planning Director
SUMMARY AND ACTION REO0E9TED:
Mr. Aaron Kocoiorequesting uConditional Use Permit (CUP)topractice therapeutic massage m1
1|200 Stillwater Blvd. N. Suitc204/\. Under the Lake Eli -no Zoning Ordinance. therapeutic
rnassagcinallowed asaconditional use inthe General Business ((lB)zoning district. The owner
of the property, Mr. Dean Flackey, has signed the application as a co -applicant. demonstrating
his support for the use.
BACKGROUND ON:
The building sU ]|2O0Stillwater Ave N.iszoned (]Band currently has several connmorciu|
tenants. These tenants operate personal service and office type businesses, including multiple
insurance businesses.
The applicant currently is the owner/operator o[Renew Recover Massage Therapy, located in
Woodbury. Mr. }{ocn has noted that the proposed location in Lake Elmo is very desirable for his
business. In addition, the applicant holds national certifications in massage therapy, unwell as
liability insurance (attached).
STAFF REPORT:
In eva|ua1ncrWhc nocrh of Conditional Use Permit application, Staff evaluates the proposed use
against 5criteria:
l. Effects onthe health, safety, morals. convenience, orgeneral welfare o[surrounding
lands.
2. Traffic and parking conditions.
3. Effects on utility and school capacities.
4. Effect onproperty values o[the surrounding lands.
After evaluation ofthe proposed use against these criteria, Staff determined that ail criteria were
met. For a detailed report on the evaluation, please reference the attached Planning Commission
report dated |A-lO-|Z.
The Planning Commission held a public hearing on the proposed CUP on 10- 10-12. There were
nopublic otu1enneutsmade iosupport ora�uinat���pn}poncduuc. /��rr��cP�4nuin�
[onunninsioo determined that all ofthe criteria for CUP were met, they unanimously
recommended approval.
In addition, the Planning Commission evaluated whether or not the CUP is an appropriate review
mechanism for therapeutic massage. Based upon Staff recommendations, the Planning
Commission deter -mined that a licensing approach would be more appropriate. /fthe City wants
to ensure that proposed therapeutic massage businesses have the appropriate amount of training
and insurance, the City can include these requirements in a license and require renewal and
review ooanannual basis, |naddition. the license also includes ubackground check ofall
applicants, thereby ensuring that these businesses are not operated bYpeople with ucriminal
history. Finally, research completed by Staff found that most cities regulate therapeutic massage
through licensing aSopposed to oCUy. In order to proceed with this approach, the Planning
Commission initiated ozoning text amendment to change therapeutic massage from u conditional
use toapermitted use iothe G8zoning district (O\54.U5|). This will require mpublic hearing,
which will be bc|d at the Planning Commission nnccdog on November 14 m. As the Planning
Commission works through the text amendment process, Staff will draft a therapeutic massage
ordinance to set the licensing requirements. Overall, the Staff feels that this approach will be u
more effective means toensure quality business practices associated with this use.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission remmmenduapproval of the Conditional Use Permit by taking the
following action:
"Move to approve Resolution2012-XX, approving the Conditional Use Permit aty1200
Stillwater BJm�N. Suite 204Afor therapeutic massage, mxrecommend 6n'the Planning
ATTACHMENTS;
|. Kesniu{ion2Ol2-X}{
2. Planning Commission Report, 10-)0'(2
]. Application and Applicant Narrative
4. Therapeutic Massage Certifications
i Applicant's Liability Insurance
SUGGESTED ORDER OF BUSINESS. -
Introduction of Item .........................
Kepnnt/Preuentmtion....................
Questions finrn Council to Staff ......
Call for Motion ................ ............. '
I)iscusoion-------------.
Action onMotion .............................
............ ........................ City Administrator
.......................—..Pku)uiug Director
......... —................. ........ Mayor Facilitates
Mayor Facilitates
............................... Mayor & City Council
............................... Mayor 6tCity Council
-------------MayorFaci|iUateo
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2012-XX
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW
THERAPEUTIC MASSAGE AT 11200 STILLWATER BOULEVARD NORTH
SUITE 204A
WHEREAS, Mr. Aaron Koen and Mr. Dean Flackey have requested a
Conditional Use Permit at 11200 Stillwater Blvd. N. Suite 204A to locate a therapeutic
massage business in the General Business (GB) zoning district.
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on
October 10. 2012, and reviewed and recommended approval of the Conditional Use
Pen -nit to allow therapeutic massage based on the following findings:
1. The use would not negatively affect the health, safety, morals, convenience, or
general welfare of surrounding, lands.
2. it would not affect traffic or parking conditions given the use has existed on the
site for over one year and staff is not aware of any complaints.
3. The use would have no effect on utility or school capacities.
4. The proposed use would have no effect on property values of surrounding
lands.
5. The use would be consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council
hereby approves a Conditional Use Permit at 11200 Stillwater Blvd. N. Suite 204A to
allow therapeutic massage.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THE
SIXTEENTH DAY OF OCTOBER, 2012.
By:
ATTEST:
Sandie Thone
City Clerk
Resolution 2012-XX
Dean A. Johnston
Mayor
II 11 CITY
LAKE ELIV 0
City of Lake Elmo Planning Department
Conditional Use Permit Request
To: Planning Commission
From: Nick M. Johnson, City Planner
Meeting Date: 10-10-12
Applicant: Aaron Koen
Owner: Dean F lackey
Location: 11200 Stillwater Blvd. N. Suite 204A
Zoning: GB
Introductory Information
Requested The applicant is seeking to allow therapeutic massage at his proposed establishment.
Conditional Renew Recover Massage Therapy. located at 11200 Stillwater Blvd N.
Use Permit:
Property
Information:
There is not an existing CUP for the site as to staffs knowledge; the uses within the
multi -tenant building are permitted.
Applicable Section 300.06 Administration.
Codes:
Subd 4. Conditional Use Permits. Outlines the general equirements for all
conditionally permitted uses in Lake Elmo.
Section 150 Definitions
-Therapeutic Massage The process by which a practioner applies massage therapy
techniques. and may apply adjunctive therapies, with the intention of positively
affecting the health and well being of the client. The rubbing, stroking, kneading,
tapping. positioning. causing movement and applying touch and pressure to the
body. Adjunctive therapies may include (1) Application of heat, cold, water. mild
abrasives, heliotherapy. topical preparations not classified as prescription drugs;
(2) the use of mechanical devices and tools which mimic or enhance manual
actions; and, (3) instructed self -care and management. Massage therapy shall not
include techniques traditionally practiced by chiropractors. Therapeutic Massage
shall be performed only by a person who has provided the City with proof of
Professional Liability Insurance and/or National Certification." [sic]
Findings & General Site Overview
Site Data: Lot Size: 1.5 acres
Existing Use: Multi -tenant commercial building
Existing Zoning: GB
Property Identification Number (PID): 13-029-21-22-0016
Application Review:
Existing There are several commercial tenants at 11200 Stillwater Blvd. N., including offices of
Conditions: multiple insurance agencies and other businesses.
CUP Review: The following review of the CUP application is for the therapeutic massage as
proposed for the Renew Recover Massage Therapy business.
Reviewing this request requires that all general CUP criteria be examined. For these
types of applications, the burden is on the City to show why the use should not be
permitted due to impacts that cannot be controlled by reasonable conditions.
Impacts the City must review are as follows:
1. Effects on the health, safety, morals, convenience, or general welfare of
surrounding lands.
Traffic & Parking conditions,
3. Effects on utility and school capacities.
4. Effect on property values of surrounding lands.
5. Effect of the proposed use on the Comprehensive Plan,
Conditional
Use Permit
Criteria:
E ects on the health. safety, niorais, convenience, or general welfare af
surrounding lands.
The property at 11200 Stillwater Blvd. N. has an existing multi -tenant building on the
property and is utilized as a general business location. Other businesses at the site are
State Farm Insurance. American Family Insurance, and other offices. The property to
the west is occupied by Fury Motors car dealership. The property immediately to the
east contains the Lake Elmo Pharmacy and Curves, among other users. Therefore. the
users adjacent to the proposed business are consistent with a service business similar
to the one proposed.
Therapeutic massage as defined by the city code shall be performed only by a person
who has provided the city with proof of Professional Liability Insurance and/or
National Certification. This assists the city in ensuring qualified professionals are
employed. Mr. Koen has documented his liability insurance and national certification.
Therefore, Staff finds this criterion is met.
2. Traffic ct: Parking conditions.
There are currently 42 parking stalls located at 11200 Stillwater Blvd. The applicant
has noted that his business generates at most 16 vehicles per day over the course of a
14 hour day of operation. The amount of traffic and parking associated with the
proposed use would be consistent with the adjacent tenants located at 11200 Stillwater
Blvd. N. Therefore, Staff finds this criterion is met.
3. Effects on utility and school capacities.
A therapeutic massage use may have minimal impacts on the existing utilities at the
site. The utilities are already established for the site and would not be greatly
impacted by this use.
The proposed use of therapeutic massage would have no impact on the school
capacities. Therefore, Staff finds this criterion is met.
-I. Effect on property values qfsurrounding lands.
The proposed therapeutic massage would be required as outlined in the definition, to
provide the city with proof of Professional Liability Insurance and/or National
Certification. These requirements assist the city in ensuring qualified professional
services on the site.
Given the small scale of the service, the surrounding land values would not be
depreciated due to this use. Therefore, Staff finds this criterion is met.
5. Effect of the proposed use 017 the Comprehensive Plan.
The property at 11200 Stillwater Blvd. N. is currently utilized for general business
purposes. The Comprehensive Plan guides the property for general business use in the
future. The City Code allows for such a use to be conditionally permitted on this site.
Staff finds this criterion is met.
Conditional Based on the above analysis of the review criteria in City Code. Staff would
Use Permit recommend approval of the conditional use permit request to allow therapeutic
Conclusions: massage at 11200 Stillwater Blvd. N. Suite 240A, based on the following:
I . The use would not negatively affect the health, safety, morals. convenience, or
general welfare of surrounding lands.
2. It would not affect traffic or parking conditions on the site over the available
capacity.
3. The use would have no effect on utility or school capacities.
4. The proposed use would have noeffect ooproperty values o[surroundiog,lands.
5. The use would be consistent with the Comprehensive Plan.
Resident Staff innot aware nfon),concerns surrouodin�the requested coudi�ouu uocponmiL
Concerns: According to the applicant's submittals, the property owner has signed the conditional
use permit application. demonstrating his approval ofthe use.
Additional
Information:
.
Conclusion:
Staff Rec:
The applicants are seeking approval of the following conditional use permit
application:
Tnallow therapeutic massage utStillwater Blvd. N. 8uitc240A
Staff is recommending approval of the conditional use permit request to allow
therapeutic massage a1l|2O0Stillwater Blvd. N.Suite 240/\based onthe following:
!. The use would not nego1ivdy affect the hcu|ih, safety, rnonsia, convenience, or
general welfare ofsurrounding lands.
2. It would not affect traffic or parking conditions given the use has existed on tbc site
for one year and nocomplaints were received.
3. The use would have little ornoeffect onutility orschool capacities.
4, The proposed use would have no effect on property values of surrounding lands.
5. The use would beconsistent with the Comprehensive Plan.
To approve the request, you may use the following motion as a Guide:
"Move tmapprove the requested conditional use permit for therapeutic massage
at 11200 Stillwater Blvd. N. Suite 240A"
cc: Aaron Koen,Co-applicant
Dean Fl»ckev'Co-applicant
�
City of Lake Eirno
DEVELOPMENT APPLICATION FOiM
11-1!::.omprcile:lsivr-.-. Plan AntenLlincitt
[7,1 Zoning, District An emit-nen!
dinent
Li Flood Nan) CUP.
Conditional Use 1-crinit
(C,7i \ tlq 1 1 Ise permit ((.(2..p )
APP L.! CA N
(Name)
TEL _
4:43me)
FEE OWNER:
Narruli
TELEPHONES:
(Home
j Variance CSee beow)
1-1 Minor Sabdivisiori
ime Arftustment
Resideaniai
Sketclitc.one_epi PIin
[72,Si & BniIdi Plan Review
T.] Residential Subdivision
Preliminary/Final Pia?
o
I -
0, I I - ')!! 1.47-Ls
() 21 Lo1 citvjoye
Excavating (iradinp, ?win it
Appt.alLi 1.31)
,3 71 Git atiMM Ai
Addres-s)
• 4- -1
Acicire*s)
(Work)
(Zip)
(rk,bile) (Fax)
1i....
14/ •
Rip)
4' / ? 40‘,1
(mobile)
PROPERTY LC.',OATION (Acloress and Complete (Long) Legal Description):
C.I\1
—4,, Lflii‘719
•
DETAILED REASON FOR REQUEST:
,rur
71,1— 1.$ L.
t‘-0 5 .11 cr) -J 19 I
A.
/1'746
1 zy
/0((
'VARIANCE REQUESTS. As tiatlind in Section 301.060 C. or the Lake Iiimo vJunicicaJ Code. the A on[ani must
demonstrate a harciship beforc a variance can be granted. The hardship related to Mis application is as follows:
In sigriir this applizarion, I hereby acknowledge that I have read and fully understand the applicable provisions or th::
7zag arid Subdivision Ordnianc;s and currcnt admi4istrativa proLc:adures. Liiirtht.'r acknowledge the exn14;uitio1) as
in the a..:.pilcatl,,sn Droc.-,--ziarrr4 arid1 re eroel,13 .‘i,.)1u Me- net-tainitt,
PL
Dzie
ig watu ol Apoi c:ant frPP
Civy • 3:i1jJ Avznut 55042 65 ; -70-551e Vax 6)1-'1'77-9615
Conditional Use Permit Proposal
Access roads and parking will only see, at most, a sixteen vehicle
increase during the course of a fourteen hour operating day. Congestion
due to Renew & Recover Massage Therapys' activities will not be
detrimental to the area due to the low volume of clients generated by a
small massage practice.
Renew & Recover Massage Therapy is a small scale massage therapy
practice, owned by Aaron Koen. The practices of Renew & Recover
Massage Therapy consist of therapeutic massage and associated
bodywork, teaching active and passive stretching techniques, postural
coaching and lifestyle adjustment to correct behavior causing muscular
dysfunction. Due to the size of the desired location and the owners desire
to maintain a small practice there will be no more than three massage
therapists, in addition to the owner, on site. Infrequent chair massage
events will be held on premises for clients who desire a group atmosphere.
Renew & Recover Massage Therapy takes pride in maintaining
professional operations and environment.
The proposed floor plan consists of two rooms, totalling roughly five
hundred square feet, one as a greeting and waiting area with storage
behind the half wall and the other as the space where massage therapy will
be performed. Elevations of the space are consistently level and there is
no elevation increase or decrease between the parking lot and proposed
space. The proposed space is handicapped accessible.
a
07.23.08
National Certification Board or ®
Therapeutic Massage & Bodywork
yerpote.
uizdt Lf.2-lee-6* aeva,yded deJicxna&a.9-1,
Nationally Certified in Therapeutic Massage and Bodywork
Chair
Chair -Elect
NCTMB
Nofiss,scs, Cseeesers Isss
Ihesopessa,sr Yosmr.
Ps. dsswcsk
565066-08
National Certification Number
2008
Certified Since
11/18/2012
Expiration Date
This certifies that
Professional
member in good standing of Associated Bodywork & Massage Professionals.
ABMP members meet specific eligibility requirements pertaining to their level of membership based on training. AR
members are reHuired to rnaiutaw the highest standards of professional conduct
and strictly adhere to the ABMP Code of Ethics.
Member Ill No.: 977248
Loyal Member Since: May 19, 2010
Expiration Date: June 20, 2013
esSwenev NCTM. reside
Certificate o
InSUrafl ce
OCCURRENCE COVERAGE
11-3MP In -Dues ProLlram
ABMP MAILING ADDRESS:
Assockak..1 Roo, v.;u1. hofe:g000ls
:51 S.4 GoieNir
001;le11 NO•IiII
POLICY 4: API-ABMP-I2
LIABILITY LIMITS
COMMERCIAL GENERAL LIABILITY
MASTER POLICY IIOLDER
Allied Professionals Insurance RFC
AGENT/BROKER
Allied Professionals
ISSUED BY:
Allied Professionals
A Risk Retention
Insurance Services
Insurance Company,
Group, Inc,
ANNUAL AGGREGATE S6.000,000
PER OCCURRENCE LIMIT S2.000.000
PRODUCTS-COMP/OP...„.. ................ ,,,,,,,,,, Included
PROFESSIONAL LIABILITY Included
GLNERAL LIABILITY Included
FIRE LIABILITY LIMIT ,,,,, S100,000
To verify information, contact AB 1'. Tel: 303-674-8478 Fax: 303-674-0859
T his Policy is issued hy your risk retention group. Your risk retention group may not he subject to all of the insurance laws and
reguUions of your State State insurance insolvency guaranty funds are not available for your risk retention group. Coveraee is
alljncled to person(s) named herein as Named Insureds accordine to the terms and conditions of the Policy to which this Certificate
refers. No other rights or conditions. except as specifically stated herein, are granted or inferred.
COVER. G ES
1 HI, IS1015RTIFY TH THL POLICY 111 \ it L !sap AilOWE HAS 111.17,N ISSULD
10111E INSVRED NANIED liELOW TH T INSI.RED ACTIVE DA I' 1_151 EU CU r:V .PPE IES
ONLY 10 El EN1E5.IS Of CoNIERAGI, CoNfINI,01_ !,12,.' IN PLACE_ SINCE THE INCEPTION'
;} 1,01,1(Th ( INF.RACA- AFO- II.1-11
IlLTHwa-TiVE-1 1 ONLY TO 'HIE DATE TOF rl01N01 WAS.11 ‘DE REPORT IN NNKII
l011 OA IOC R'S \ ‘," 4 Al('I 40IS OR 1,1,1111N Ill AT you NI AV bitil. IT
1=`,.
This Certificate, along with the Policy to which it refers, is valid evidence of coverage
extended to the Certificate Holder listed below,
CERTIFICATE HOLDER
Negolerca :Vrinher.., Ore ti I .Alernhoffhlp ronr ;
Member / Named Insured:
Membership I.D. #:
Member/Policy Term Active:
Member/Policy Term Expires:
Total Member Cost:
Issue Date:
A ullior(7ed Rep
Aaron Keen
977248
June 21,2012
June 20, 2013
$199 (Alimi, Members/4, MrJberint
Member Liabilit) Cerm.raze)
June 21, 2012
CANIlILLA I I1) J1 Cumpam S:43!:; pro% Mr Lk" Nand In,bred 90 cla!,5 noUcc of lis !local to
ezuic cl hurmliry for any reaSon on.0 dina 4,rIkne In pay arimmw: who: du Should die Named
Imuncet pal. annu5i:1, ,hen kin, Mc Polio' Ma?, Icrc lowleMniely andnummalicn11,, canceled
furIllcr anrice
ADDITIONAL INSURED: (,,,th incepiron 11e )
Premier Fitness loc. 03/25/12
Co,crai2e extended 1.1b),:,t to all Icm)s cond ii,cr; of z1u. Poitcy
Rev. 1/12
Ti-IF CITY Or
LAKE ELMO
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
l?'
' AAVV
DATE: October 16, 2012
REGULAR
ITEM #: 11
MOTION
City of Lake Elmo Employee Handbook
Dean Zuleger, City Administrator
Mayor Dean A. Johnston
Dean Zuleger, City Administrator
SUMMARY AND ACTION REOUESTED: The City of Lake Elmo has not comprehensively
reviewed their personnel policies since 2004, opting to incrementally change the policies as
needed. The staff has been working since the spring on the development of a comprehensive
handbook that has been reviewed by legal counsel. Staff recommends adoption of the 2013
Employee Handbook as a baseline document for the human resource policy of Lake Elmo.
BACKGROUND INFORMATION: The 2004 Employee Handbook was deficient in matters
concerning common practice, state and federal regulation, and benefits. The staff has used
resources from the League of Minnesota Cities, other MN municipalities, and previously audited
personnel policies to craft an Employee Handbook that clearly spells out the expectations and
privileges of employees working for Lake Elmo. Specifically, items such as HIPPA, data
practices, discipline, conduct, compensatory time, and wellness have been clearly delineated in
an effort to keep our employees informed on the expectation of their employment.
STAFF REPORT: The City Administrator, Finance Director and Director of Public Works
have constructed an Employee Handbook that addresses all of the current human resource
policies current encountered by our staff. In addition, state and federal employee policy covered
by HIPPA, FMLA, and EEOC have been included. The Employee Handbook has been audited
by the City Attorney for compliance and propriety.
The Handbook makes the following material changes from the 2004 document:
Columbus Days has been removed as a holiday;
Compensatory time has been changed to require use and minimize staff shortage;
Overtime and Call In Time have been narrowly defined to mitigate abuse;
A Code of Conduct has been adopted to improve professionalism;
Standard Operating Policies in the area ofdecorum and personal welfare have been
defined;
The Lake Elmo Benefit Package is defined and eligibility qualified;
A Performance Review and Progressive Discipline process has been developed.
-- page
City Council Meeting [Consent Agenda Item 9]
October 16. 2012
The Handbook is in a utility fonn recognizing that employment policy is fluid and changing,
however, the document is current with the prescribed will of the City Council retroactive to circa
2004 unless dictated by state or federal law.
RECOMMENDATION
Based on staff research and analysis, it is recommended that the City Council:
"Approve the City of Lake Elmo Employee Handbook effective October 17, 2012 as the
baseline personnel policy of the municipality. Further, the City Council affirms that the
Employee Handbook be reviewed and modified as needed, but no less than (IX) per year,
to keep the document relevant and compliant."
SUGGESTED 0 ER OF BUSINESS:
Introduction of Item ...........
Report/Presentation...............
Questions from Council to Staff
Public Input, if Appropriate .......
Call for Motion ...... . ...... ..........
Discussion ................................. .
Action on Motion
............ ....... ......... . ...... ..... City Administrator
........ ............... .......... City Administrator
..... .................. Mayor Facilitates
. ....... ..... .................... ..... Mayor Facilitates
............... ......... ............. Mayor & City Council
...... ....... ................. ...... Mayor & City Council
...... .................... ........... ........ Mayor Facilitates
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2012-XX
A RESOLUTION APPROVING CITY'S PERSONNEL POLICY
AND CODE OF CONDUCT
WHEREAS, The City of Lake Elmo believes success is primarily dependent
upon employees and provides for the following goals; Recognize employees as an
important part of the team, Provide a safe, efficient, and pleasant workplace, Establish
and maintain a truly open door communications environment, Encourage high -quality
service to our customers; and
WHEREAS, City employees require a personnel policy and employee handbook
to establish and maintain a reasonable system for administration of all personnel matters
except those matters covered by collective bargaining agreements; and
WHEREAS, the policy provides for guidelines and rules for the organization to
work within.
NOW THEREFORE BE IT RESOLVED, The City of Lake Elmo City Council hereby
adopts the City's Personnel Policy and Code of Conduct.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SIXTEENTH DAY
OF OCTOBER 2012.
By:
(Seal)
Sandie Thone, City Clerk
Dean A. Johnston
Mayor
Resolution 2012-XX
.41,11.1.1.,10.14.1,1i11,1:, Aka,.40411,,A.1,k1 114111111dY110..1:.14,11141.11/h.11,1....1111....11111,11u.10.4.1.4414i4461611..4114ilui111,1WWW41WW1WilopilliliAA,i.a111,61,{1611,.11tilluali.Whahl.WINUY,11,,,
T ECT
(This policy and handbook supersedes all previous editions effective October 17, 2012)
This Personnel Policy and Employee Handbook
Belongs To:
CITY OF LAKE ELMO
EMPLOYEE HANDBOOK/PERSK0NNEL D»KVLDCY
TABLE OF CONTENTS
INTRODUCTION
Welcome............................................................................................................................................................ l
Our Commitment to the Community / Visioo-----------------------' l
OurCore Values ..................................................................................................................... 1
AboutThis Handbook / Scope ................................................................................................ 3
OurEmployment Philosophy .................................................................................................................... 4
Lean Government ___. 4
AboutOur Open [)UO[ Policy ..................................................................................................................... 4
DataPractices Policy ............................................................................................................... 5
EMPLOYMENT POLICIES
Equal Employment Opportunity/Freedom from Harassment .................................................... 5
[0Dfidenta]ity........................ --- .................................................................................................................. /
Conflicts0fInterest ....................................................................................................................................... 7
Reporting Workplace Wrongdoing ~~.~~...'~ '--M
EmploymentCategories..................................................................................................... ... IO
OrientationPeriod ................................................................................................................... Il
Seniority................................. ................................................. 11
Attendance and Punctuality _ 11
Inclement Weather SitoadoD8................................................................................................................ lZ
BOOr8of Work ..—.....~...__—.,.'..~..-.~.-.-.~_,..—'_....'-~.~.....-.l2
PersonalData Changes ......................................................................................................................... .... l2
Returnto Work ----...~~.......~'-_—_.~..—~_~~_'.'-.--'_~~—....~....~~'~--.-_.--.....-~~~....~l3
Physical PbDe3S Policy ~—'...~—....~-..__--..'---._..~.--.._. 15
EMPLOYEE BENEFITS
Employee Benefits Overview .................................................................................................................. l6
Holidays.... ................................................................................................................................................. ..... I6
PersonalTime Off .............................................. ....-..-...~.......~,l7
ExtendedIllness Bank ................................................................................................... ... ..... l8
Appointments for Family Illness .................................................................................................... ...... lg
Familyand Medical Leave .................................................................................................... 19
BereavementLeave .................................................................................................................................... 30
juryDuty ...... .................................................................................................................................................. Z1
Health Io3uraDcc-,~~...~—...-.~..~ 23
FlexBenefit ..................................................................................................................... .............................. 23
Jnlv2Ol2 City 0fLake Elmo Page
RetirementFund .......................................................................................................................................... 24
Uniforms.................................................................................. ........................................... ........................... Z5
Workers' Compensations Insurance .................................................................................................... Z5
EmployeeTraining ......................................... ~'-----'—^''-'—~'^~'~—'—'-..'-~^^^~~---~~'—`—...... 25
TIMEKEEPING AND PAYROLL
Timekeeping.............................................................................. ................................................................... 36
Paydays.. ............ ......................................................................................................................... ................... 26
PayrollDeductions ...................................................................................................................................... 26
DirectDeposit .......................................................................... ..................................................................... 27
Overtime- [all iDTime ................................ ............ ............................................................................... 27
MeetingPay ...... ............................................................................................................................................. Z8
PerformanceEvaluations .................................................................................................. '~38
Schedule for Completing Performance Evaluations ....................................................................... Z8
PayReviews .................. .............................................................................. ...................... 24
EMPLOYEE CONDUCT
EmployeeSafety and Health .................................................................................................................... 30
Disability- Procedure for Requesting aoAccommodation ........................................................... 3O
SmokingControl Policy ................................................................................................ -~........................ 3U
Drugand Alcohol Abuse ................................................... ........................................................................ J1
Nepotism........... ............... .............................................................................................................................. 33
SuperviSUr/Ern[lVyee Relationship..'_.--.~....-'-.__..~~.....'.'~_'.,~~.'-~.._'~.~.—~..33
AnnouncementV[Vacancies .................... ..................... ...................................................... ................. 34
Use and Safe Operation [){ City Vehicles ............................................................................................. 34
Useo[Personal vehicles ............................................................................................................ 35
Use of Cellular Phone or Similar Device ................................................................... _—._.~~~-.. .35
Useof Telephone and Supplies ................................................................................. ............................. 36
ElectronicMedia ................ ......................................................................................................................... 36
DressCode ...................................................................................................................................................... 4U
MaintenanceofWork Areas ......................... .......................................................................................... 4U
EmployeeConduct Guidelines .................................. ............................................................................. 4l
Anti-Retaliation Policy ............................................................................................................................... 4Z
Viol eOce/Thre8t3OfViolence Policy ................................................................... ................................ 43
Investigating Aleged Misconduct and Performance Problems ..................... ........................... 45
DisciplinaryActions .................................................................................................................................... 47
Jnk'3Ol2 City ofLake Elmo Page ii
INTRODUCTION
WELCOME
We are pleased you have decided to become a member of our team at the City of Lake Elmo. There are
many benefits to working for the City, and we hope your association with us will be challenging,
rewarding, and interesting.
OUR COMMITMENT TO THE COMMUNITY:
To provide quality public services in a fiscally responsible manner while preserving the city's open space
character.
OUR VISION FOR THE FUTURE:
The City of Lake Elmo commits to building on its heritage, while enhancing a high quality of life for all of
its citizens. We pledge to work in collaboration with our residents and business community to foster
pride, develop a vibrant, diverse economy, thoughtfully plan for the future, and to preserve and enhance
our natural, open space environment.
OUR CORE VALUES:
1. ETHICS AND INTEGRITY
Ve believe that ethics and integrity are the foundation of public trust and confidence and that all
meaningful relationships are built on these values.
2. VISIONARY LEADERSHIP AND PLANNING
We believe that the very essence of leadership is to be visionary and innovative while planning for the
future.
3. EXCELLENCE AND QUALITY IN THE DELIVERY OF SERVICES
We believe that service to our residents is our reason for being and commit to delivering services in a
professional, cost-effective, and efficient manner;
4. FISCAL RESPONSIBILITY
We believe that fiscal responsibility and prudent stewardship of public funds, both short term and long
term, are essential for citizen confidence in government.
5. OPEN AND HONEST COMMUNICATION
We believe that open and honest communication is paramount for an involved citizenry and fosters a
positive working environment for employees.
6. RESPECT FOR THE INDIVIDUAL
We believe that citizens we serve are to be treated with the utmost respect and deserve the best
treatment the city can provide.
7. THOUGHTFUL COMMUNITY BUILDING
We believe in the development of our community through thoughtful, careful planning that is
communicated in a positive manner that enhances the process.
8. PROFESSIONALISM
We believe that continuous improvement and innovation is the mark of a professional organization, and
we are committed to applying this principle to the services we offer and the development of employees.
July 2012 City of Lake Elmo Page 1
Our goal is to provide high -quality service to our customers in a friendly, efficient, and ethical manner.
Dur continuing success depends largely on the high degree of concern we have for our customers, our
professionalism, and efficiency. We want and need your input on how to improve our service, as well as
how to make the City of Lake Elmo an even better place to work. Your participation and involvement are
welcomed.
We have a very strong commitment to achieving excellence in the service we provide. This includes not
only the work we do, but also the accuracy with which we do it. In order to maintain this level of service,
each of us must be flexible in performing a variety of work and in working occasional odd hours when
necessary. When we all pitch in and help, we all benefit.
Everyone at the City of Lake Elmo plays an important role in our continuing success. We are counting on
each of you to put forth your best effort for our customers, taxpayers, business partners and one another.
This employee handbook has been developed to keep you informed about the various policies and
procedures that affect your work life with us. Read these pages carefully and keep this handbook readily
available as it answers many of the questions that typically arise.
Sincerely,
The Lake Elmo City Council
July 2012 City of Lake Elmo Page 2
ABOUT THIS HANDBOOK
The purpose of the personnel policy and employee handbook is to establish and maintain a reasonable
system for administration of all personnel matters except those matters covered by collective bargaining
agreements. The City Administrator will administer these procedures. The City Administrator may
delegate the responsibility of assisting in the administration of these personnel policies and procedures.
These policies and procedures will be updated periodically upon the recommendation of the City
Administrator to the Personnel Committee. The Personnel Committee will then give its recommendation
to the City Council for appropriate action. The City retains the right to change, revise, or discontinue any
of the policies and/or benefits described in this handbook.
This handbook cannot anticipate every situation or answer every question about employment. It is not
an employment contract and does not create contractual obligations. It can be modified or amended at
anytime by the City Council.
This employee handbook is not a contract guaranteeing employment for any specific duration.
Although we hope your employment relationship with us will be long-term, either you or the City
may terminate this relationship at any time, for any reason. No oral statements by Department
Heads or Management or Council can alter this disclaimer, create a contract, or modify the at -will
status of the employee. Only the City Administrator or the City Council has the authority to create
an employment contract, and such contract must be in writing and signed by the appropriate
parties to be valid.
This handbook is intended to apply to all City of Lake Elmo employees. Employees employed under
,ndividual contract or a collective bargaining unit with the City may have provisions within their personal
contract that modify or deviate from the provisions contained herein.
No portion of this handbook should be disclosed to others except City employees and those affiliated with
the City whose knowledge of the information is required in the normal course of business.
If you are aware of or personally subjected to workplace wrongdoing, such as harassment, violence,
discrimination, theft, etc. you are strongly encouraged to discuss this with your Department Head, City
Clerk/HR Director or City Administrator.
If you have any concerns or suggestions related to this handbook, you are encouraged to discuss them.
SCOPE
These policies apply to all employees of the City. Except where specifically noted, these policies do not
apply to:
1. Elected Officials;
2. City Attorney;
3. Members of City Boards, Commissions and Committees;
4. Consultants and Contractors;
5. Volunteers, except as specifically noted for paid per -call -firefighters.
If any specific provisions of the Personnel Policies conflict with any current union agreement or civil
service rules, the union agreement or civil service rules will prevail. Any policy or potion thereof, that
July 2012 City of Lake Elmo Page 3
does not conflict with a labor agreement, will remain in full force and effect and will continue to govern
the actions of all covered employees. Nothing in these policies is intended to modify or supersede any
ipplicable provision of state or federal law.
Departments may have special work rules deemed necessary by the supervisor and approved by the City
Administrator for the achievement of objectives of that department. Each employee will be given a copy
of such work rules by the department upon hiring and such rules will be further explained and
enforcement discussed with the employee by the immediate supervisor.
OUR EMPLOYMENT PHILOSOPHY
Our personnel policies are based on the belief that our success is primarily dependent upon our
employees. Our goal is to:
Recognize you as an important part of the team.
Provide a safe, efficient, and pleasant workplace.
Establish and maintain a truly open door communications environment.
Encourage high -quality service to our customers.
LEAN GOVERNMENT
t'he City of Lake Elmo employs lean management strategies that are designed to maximize efficiency and
reduce costs. In an effort to achieve these goals the City (from time to time) will require the cross
utilization of employees in all departments to complete work. This cross utilization includes snow
removal, utility emergencies, clerical mailings and other work deemed necessary for the use of any and
all personnel.
OPEN DOOR POLICY
We are committed to promoting and practicing an open door attitude among all employees. We
recognize that whenever a group of people work together, there may be some differences of opinion and
problems that occasionally arise.
If you have a question, concern, or problem related to your employment or you are having a problem
with a co-worker, you are strongly encouraged to openly and honestly discuss the situation directly with
your Department Head, City Clerk/HR Director, or City Administrator as soon as an issue or problem
arises. You are not required to confront the person who is the source of the problem/conflict or closely
associated with the person who is the source of the problem. We want and need your involvement and
participation in problem solving. Nursing a concern in silence or discussing it with other employees who
don't have the authority to resolve it can be very frustrating; we cannot work towards correcting a
problem we do not know about.
July 2012 City of Lake Elmo Page 4
DATA PRACTICES ADVISORY
F,mployee records are maintained in a location designated by the City Administrator. Personnel data is
kept in personnel files, finance files, and benefit/medical files. Information is used to administer
employee salary and benefit programs, process payroll, complete state and federal reports, document
employee performance, etc.
Employees have the right to know what data is retained, where it is kept, and how it used. All employee
data will be received, retained, and disseminated according to the Minnesota Government Data Practices
Act.
WHAT IS EXPECTED OF YOU
Because we are very customer service -oriented, we need you to be committed to our way of doing
business. We expect you to:
Give high -quality service to our customers. They are what make the City operate and provide
the means for all of us to make a living. Customers are to be treated with the utmost respect,
courtesy, promptness, cooperation, friendliness, and confidentiality.
Do your job well. You were hired because of your skills and abilities in certain areas. We need
you to be at work on a regular basis, understand and perform your job well, continue to improve
your skills, and be constantly thinking of ways to do your job better.
.-- Help make this a good place to work Each one of us is part of what we call our work
environment and thus have an impact on our coworkers and how they feel about working here.
By cooperating with each other, finding ways to help out even when not asked, knowing and
respecting each other's strengths and weaknesses, and treating each other with courtesy, we can
each do our part to make this a pleasant and rewarding place to work.
EMPLOYMENT POLICIES
EQUAL EMPLOYMENT OPPORTUNITY/
FREEDOM FROM HARASSMENT
We are an equal opportunity employer. All employment decisions are based on merit, qualifications, and
competence. Our employment practices are not influenced or affected by an applicant's or employee's
race, color, religion, gender, sexual orientation, national origin, age, veteran status, disability, or any other
characteristic protected by law. This policy governs all aspects of employment, promotion, assignment,
discharge, and other terms and conditions of employment. It is also our policy to comply with applicable
laws providing for non-discrimination in employment against qualified individuals with disabilities. An
employee who believes he or she may require an accommodation should contact his or her Department
Head, City Clerk/HR Director or the City Administrator.
dVe are committed to providing a work environment that is free of discrimination and harassment. In
keeping with this commitment, we do not tolerate harassment of our employees by anyone, including any
Department Heads, coworkers, vendors, or customers.
July 2012 City of Lake Elmo Page 5
Harassment is defined as unwelcome conduct (verbal or physical), actions, words, jokes, or comments
used on an individual's protected status such as gender, sexual orientation, color, race, ethnicity, age,
religion, disability, marital status, or any other legally -protected characteristic. We will not tolerate
harassing conduct that affects job benefits, that interferes unreasonably with an employee's work
performance, or that creates an intimidating, hostile, or offensive work environment.
Sexual harassment deserves special attention. Sexual advances, requests for sexual favors, and other
physical, verbal, or visual conduct based on sex constitute sexual harassment when:
Submission to such conduct is made a condition of employment.
Submission to or rejection of such conduct is used as a basis for employment decisions.
Such conduct unreasonably interferes with an individual's work performance or creates a hostile,
intimidating, or offensive work environment.
Examples of sexual harassment include, but are not limited to:
Repeated offensive sexual flirtations, advances or propositions.
Innuendoes, suggestive comments, sexually oriented kidding, jokes about gender -specific traits,
foul or obscene language or gestures.
Displays of foul or obscene printed or visual material.
Unwelcome and unnecessary physical contact, such as patting, pinching, or brushing against
another's body.
All employees are responsible for creating an atmosphere free of discrimination and harassment, sexual
or otherwise. If you feel you have experienced or witnessed harassment, notify your Department Head,
City Clerk/HR Director or the City Administrator immediately.
Every reported incident of employee harassment is thoroughly investigated, with respect for the
confidences and sensitivities of the situation. If it is determined that harassment has occurred,
appropriate disciplinary action will be taken, up -to and including discharge.
We prohibit any form of retaliation against any employee for filing a bona fide complaint under this
policy or for assisting in a complaint investigation.
Unprofessional or disrespectful behavior, even if not rising to the level of harassment will not be
tolerated.
Employees should recognize that making false or bad faith accusations of discrimination or harassment
can have serious consequences for those who are wrongly accused. City of Lake Elmo prohibits
deliberately making false and/or malicious allegations of discrimination or harassment, as well as
deliberately providing false information during an investigation. Anyone who violates this rule is subject
to disciplinary action, up to and including termination.
July 2012 City of Lake Elmo Page 6
You are not required to directly confront any person who is the source of the problem or closely
associated with the person who is the source of the problem. Instead, you may utilize any of the other
various avenues of internal complaint. You are required to make reasonable effort to bring forward any
allegations of unlawful discrimination or harassment so the City may stop such wrongdoing and prevent
future occurrences.
Even conduct that is intended to be innocent may still constitute sexual harassment if it falls within the
terms of this policy. If any employee expresses concern that your behavior may have violated this policy,
please respect his/her concerns. Regardless of your intent, how others interpret you behavior is
important.
This policy is not meant to interfere with or discourage friendships among employees. However,
employees must be sensitive to acts or conduct that may be considered offensive by others.
The City will make every effort to ensure that those named in a complaint, or are too closely associated
with those involved in the complaint; will not be part of the investigative team or efforts.
The City can, it its discretion, utilize a neutral third -party investigator to address discrimination or
harassment allegations.
Please refer to the Open Door Policy at the beginning of this handbook for reporting procedures.
CONFIDENTIALITY
During your employment, as well as subsequent to your employment, you will not disclose any
confidential information or records to individuals either within the City of Lake Elmo or others outside
the City of Lake Elmo unless this information is subject to the Data Practices Act. Any confidential
information you may have in your possession when your employment at the City of Lake Elmo ends must
be returned immediately.
Any current or former employee improperly discloses private or non-public data may be subject to
disciplinary action up -to and including discharge and legal action.
CONFLICTS OF INTEREST
The City of Lake Elmo's policy is to conduct business ethically and to avoid conflicts of interest or even
the appearance of such conflicts. Our employees have an equal obligation to avoid conflicts of interest.
Employees are expected to report conflicts of interest to their Department Head, City Clerk/HR Director
or City Administrator immediately upon discovery or suspicion of the conflict. Examples of conflicts of
interest are listed below (but are not limited only to these items):
You have an outside business that is a purchaser or supplier of goods or services to the City;
An outside business involvement or employment which interferes with your ability to devote full
attention to your responsibilities at the City (moonlighting);
July 2012 City of Lake Elmo Page 7
A relative of yours (or a person with whom you have a significant relationship) is employed by or
has business interest in organizations which competes with the City;
Purchase inducements from vendors that benefit you personally (directly or indirectly) or are
unauthorized or questionable in nature.
Notify your Department Head immediately if these or similar situations happen in the course of your
employment at the City. Each situation will be reviewed on its merits, and you, where permitted, will be
notified of decisions made or actions to be taken. Not reporting a real or potential conflict of interest is a
serious matter and can be cause for discipline up -to and including discharge and legal action.
REPORTING WORKPLACE WRONGDOING
The City of Lake Elmo provides guidelines for reporting alleged workplace wrongdoing, prohibits
retaliation, and provides procedures for reporting retaliation should it occur.
The City of Lake Elmo is committed to ensuring its operations are ethical, honest, and lawful. City
employees are expected to support compliance with applicable City policies and procedures, as well as
laws and regulations. Employees have a responsibility to report and to assist in investigations regarding:
• Illegal or fraudulent activity
• Financial misstatements, accounting, or auditing irregularities
• Conflicts of interests, dishonest, or unethical conduct
• Violations of the City's conflict of interest policies
• Violations of other laws, rules, or regulations
The City expects that all reports of such potential wrongdoing will be made in good faith and that
employees will be cooperative and truthful during the course of any related investigations.
Individuals may report allegations orally or in writing to the City Clerk/HR Director. An employee may
also report potential wrongdoing to the City Administrator, the City Council or his or her supervisor or to
some other appropriate official. That supervisor/official will take appropriate action to resolve the
problem or report the allegation to the appropriate party. Because laws, regulations, policies and
procedures span a broad array of areas the office which ultimately responds to the issue will vary.
Employees reporting potential wrongdoing are encouraged to communicate their information in writing.
Clearly stating the facts with relevant detailed information enables a thorough investigation. Details
should include a description of the issue, who was involved, and the dates of occurrence. Employees
should report concerns promptly as delays in reporting can result in the loss of evidence or cause
information to become stale, hampering the investigation, and potentially preventing the City from
resolving the allegation. As part of a thorough investigation, appropriate City personnel may need to
interview those who report wrongdoing.
Confidentiality will be maintained to the extent possible within the limitations of law, policy, and the
legitimate needs of the investigation. The identity of the person reporting possible wrongdoing will be
made known only to City personnel who have legitimate needs to know. Release of the reporting person's
identity may be required pursuant to a subpoena or other circumstance required by law. In addition,
those employees reporting possible wrongdoing should be aware that their public testimony might be
July 2012 City of Lake Elmo Page 8
needed. The City will not be obligated to maintain the confidentiality of someone who has already
disclosed his or her identity.
The City prohibits retaliation against anyone who in good faith reports or participates in an authorized
investigation of an illegal act.
Unlawful retaliation is any action taken by the City or an employee that would be materially adverse to a
reasonable employee and that is harmful to a point that the action might dissuade a reasonable employee
from making or supporting a charge of an illegal act.
If an employee believes that he or she has been the subject of retaliation, the employee may contact the
City Clerk/HR Director or their own direct supervisor.. Typically the complaint must be in writing and
include the following:
• Complainant's name and contact information, including address, telephone number, e-mail address,
if applicable
• Name of the person directly responsible for the alleged retaliation
• Date, place, and nature of the alleged retaliation
• Detailed description of the specific conduct that is alleged to constitute retaliation
• Copies of pertinent documents
• Names of any witnesses
• Complainant's signature and date of filing and any other relevant information
As the following types of communications make thorough investigation and resolution difficult, the City
Jiscourages these informal means of communication in favor of the more thorough communications
noted above.
• Oral allegations
• Anonymous communications
• Courtesy copies of correspondence or a complaint filed with others
• Inquiries that seek advice or information only
Special Reporting Requirements
When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report
will be made to the City Administrator who will assume the responsibility for investigation and discipline.
If the City Administrator is perceived to be the cause of a disrespectful workplace behavior incident, a
report will be made to the City Attorney who will confer with the Mayor and City Council regarding
appropriate investigation and action.
If a Council Member is perceived to be the cause of a disrespectful workplace behavior incident involving
City personnel, the report will be made to the City Administrator and referred to the City Attorney who
will undertake the necessary investigation. The City Attorney will report his/her findings to the City
Council, which will take the action it deems appropriate.
T3 ending completion of the investigation, the City Administrator may at his/her discretion take
appropriate action to protect the alleged victim, other employees, or citizens.
July 2012 City of Lake Elmo Page 9
Confidentiality
A person report or witnessing a violation of this policy cannot be guaranteed anonymity. The person's
lame and statements may have to be provided to the alleged offender. All complaints and investigative
materials will be contained in a file separate from the involved employees' personnel files. If disciplinary
action does result from the investigation, the results of the disciplinary action will then become a part of
the employee(s) personnel file(s).
Should such informal communications be received, the City will take whatever actions it determines
appropriate given the particular facts and circumstances.
If the City determines that an employee has experienced retaliation, the City shall take appropriate
corrective action.
Protection does not apply to an employee who files a report or provides information that he or she knows
to be false. An employee who knowingly makes false accusations or gives false information during an
investigation may be subject to disciplinary action, up to and including termination of employment.
EMPLOYMENT CATEGORIES
Employees belong to one of the employment categories described below:
Regular full-time employees are regularly scheduled to work 40 or more hours per week with a
maximum of 40 hours unless overtime is required and approved. They are eligible for the full benefit
package (health insurance, flex benefit, life insurance, dental insurance, and retirement fund), subject to
_he terms, conditions, and limitations of each benefit program as outlined in plan documents and benefit
policies in this handbook.
Regular part-time employees are scheduled to work less than 40 hours per week. Hours may vary
widely from week to week, depending on the needs of the business at the time. Part-time employees are
not eligible for the benefit package (for a list of benefits see regular full-time employee noted above).
Temporary employees are hired to work for a specified period of time such as during a particularly busy
period, or for the summer or to work with us on an as needed basis. Hours may vary widely from week to
week, depending on the needs of the City at the time. Temporary employees are not eligible for the City
of Lake Elmo's benefits (for a list of benefits see regular full-time employee noted above).
In addition to the categories outlined above, each job is designated as either exempt or nonexempt from
the Federal Fair Labor Standards Act and state Wage and Hour Laws.
Exempt: Employees in exempt positions are paid on a salary basis, are excluded from specific
provisions of federal and state wage and hour laws, and are not eligible for overtime
pay.
Nonexempt: Employees in nonexempt jobs are paid on an hourly basis and are entitled to
overtime pay for hours worked in excess of 40 hours in a workweek.
July 2012 City of Lake Elmo Page 10
ORIENTATION PERIOD
The orientation period will be six (6) months for all new employees. Prior to completion of this
orientation period, employees may be dismissed with or without cause by written notice.
All promotions, transfers, and reappointments will be subject to a six (6) month orientation period.
During this orientation period employees will continue to be considered regular full-time employees, will
accrue seniority and will be protected in discharge procedure as other regular full-time employees.
Successful completion of this orientation period does not guarantee continued employment with the City
or change the at -will status of your employment.
SENIORITY
Seniority means the length of an employee's continuous service with the City. An employee who has not
completed the initial orientation period will not be considered to have seniority and will not be
considered a permanent employee.
An employee's continuous service record (seniority) will be broken only by voluntary resignation,
discharge for just cause, or retirement. However, if an employee returns to work in any capacity within
one (1) year, the break in continuous service will be removed from their record, and the employee will
begin accruing seniority without loss of previous accrual (not to include the period of leave or
separation.)
,:or the purpose of this clause, seniority will only be used to determine the order of offering overtime and
call -in time. Seniority is not used as a decision -making tool for the elimination or retention of employees
unless otherwise specified.
ATTENDANCE AND PUNCTUALITY
Our successful operation in large part depends on the regular attendance of each of our employees. Your
job is important. We need you to be reliable and punctual in reporting for scheduled work.
Unscheduled absenteeism and tardiness, whatever their causes are disruptive and place a burden on
your fellow employees and our customers. It also makes it difficult for us to operate efficiently, which
affects our cost-effectiveness. Since satisfied customers provide us with our jobs, regular attendance and
being ready to work at your scheduled starting time (not just coming in the door or getting ready to start
work) are simple ways for you to help maintain our commitment to quality and service.
If you will be unavoidably late to work or absent, please call your Department Head(s) at least 30 minutes
before but no later than 30 minutes after your scheduled starting time. Check with your Department
Head(s) when you arrive and record the time you actually start working on your time sheet. If you will
be absent, make sure your Department Head(s) knows about any customer(s) you are currently working
with and what other things need to be taken care of during your absence.
P I e as e contact us each day you will not be able to work. We may require a doctor's excuse for absences of
three or more consecutive days.
July 2012 City of Lake Elmo Page 1 1
Poor attendance and excessive tardiness will have a negative impact on your performance evaluation and
on consideration for pay increases and promotions and may result in disciplinary action, up -to and
ncluding discharge.
Any employee who does not report to work and does not notify us within 3 working days after the start
of his/her scheduled shift will be considered to have voluntarily terminated his or her employment with
us.
INCLEMENT WEATHER SITUATIONS
Employees are expected to report to work at their regularly scheduled time regardless of weather
conditions. Any employee experiencing difficulty in complying with this directive will call and advise
their immediate Supervisor of the problem. The Department Head and/or the City Administrator will not
pay employees failing to appear for work for the hours missed, but may exercise the option of using
vacation or personal time as approved. If the employee is unable to contact the Supervisor, the employee
will leave the message with the Administrative Assistant or whomever else the employee is able to
contact in the Department.
City buildings will not close in inclement weather. Offices and Departments must maintain at least the
minimum staff required to provide essential services to the public. Department Heads/Supervisors will
determine who may be allowed to leave during inclement weather situations.
HOURS OF WORK
i workday will begin at the execution of the appropriate check -in procedure. An employee may be
relieved of his duty at the end of the work period. The Department Head shall determine the work period.
Individual employee work hours may vary based on scheduling needs and services provided. The
Department Head(s) will tell you when your work schedule will normally begin and end.
PERSONAL DATA CHANGES
It is your responsibility to notify the City Clerk/HR Director of any changes in personal information. If
any of the following information changes, please report it to the City Clerk/HR Director as soon as
possible:
Name Number of Tax Exemptions
Home Mailing Address Insurance Classification
• Telephone Number • Emergency Contacts
Marital Status • Educational Accomplishments
Number and Names of Dependents Beneficiary Changes
Please do not assume that we know when these changes occur. Failure to keep us advised of personal
data changes may have a significant impact on your benefits and our ability to contact you or a family
member in the event of an emergency.
RETURN TO WORK
July 2012 City of Lake Elmo Page 12
Generally. The City of Lake Elmo's Return to Work policy may provide a temporary modified
assignment, if such assignments are available, for employees who have suffered a workplace
injury or a non -work injury or illness and as a result are not immediately able to return to full
duty. The goal of the Return to Work policy is for the City to work with injured/ill employees
and the employee's physician to transition the employee back to full, unrestricted duty.
2. Workplace Injuries/Illnesses. Employees who suffer a job -related injury or illness within the
scope of employment and who are determined by their physician to be unable to return to full
duty on their next scheduled work day shall qualify for a temporary modified assignment. An
employee injured within the scope of employment who is not returned to full duty by their
physician on their next scheduled work day shall:
a. Report the injury to their Department Head;
b. Immediately after receiving medical care, contact their Department Head and
provide the Department Head with all documentation from the treating physician,
which must include a diagnosis of the injury and a list of physical restrictions;
c. Meet with their Department Head in conjunction with City Clerk/HR Director to
discuss the terms and conditions of a temporary modified assignment within the
restrictions outlined by their physician; and
d. Report to work under the terms and conditions of the modified duty position
offered.
Non -Workplace Injuries/Illnesses. Employees who are injured outside the scope of their
employment, or who incur a non -work related illness may also qualify for temporary modified
assignment. The purpose of this temporary modified assignment is to assist employees with
serious non -work related injuries or illnesses to transition back to full -duty. This temporary
modified assignment is not available to employees with illnesses or injuries which will keep
them off work for less than 14 calendar days, or to employees whose physicians cannot
provide an estimated date of return to full duty. To qualify hereunder, the employee must:
a. Have sustained a non -work related injury or illness which has rendered the
employee unable to perform all of the essential functions of the employee's position
for a period of not less than 14 calendar days; and
b. Request a temporary modified assignment by contacting their Department
Head arid providing all medical information by their physician to include the nature
of the injury of illness, anticipated return to full -duty, and specific limitations.
3. Agreement. Prior to the employee's start date in the modified duty position, the employee will be
scheduled to meet with their Department Head and sign a Return to Work Temporary Modified
Duty Agreement. The agreement will include at a minimum the following:
a. A specific start and stop date for the modified duty assignment. These dates will
be, in part, based on information provided by the physician relative to the nature of
an employee's condition and the anticipated recuperation time. The time an
employee may remain on a modified duty assignment shall be determined at the
discretion of the Department Head on a case by case basis.
b. Reporting requirements relative to the progress of prescribed treatment and the
frequency of those reports;
M.6.4.1....U.,411.10111MIalla...141..11144,41,41,14.111,44111,11.1.11.11,1.441111,141.14.4111.1,114.1.1,1,111611,111,11,111111,11.14.11u1,14.1i.1.1,4,1a,J,,,S.11,401.61111.4141U1111.1.111,..11,.1. ...ai...,....famosuoial......r.M.1.144MOW1.0....itaublidadilaialilihaol.....i.A.2044hoodUdie./11111...allilliiiallida....A.11.1,11,i44111..,
July 2012 City of Lake Elmo Page 13
c. Specific treatment ordered by the physician; and
d. A specific listing of limits established by the physician which may include, but is
not limited to:
1. Limits in the number of hours per day the employee can work;
2. Climbing limitations (ladders, steps, etc.);
3. Limitations in the use of equipment;
4. Walking and/or standing limitations;
5. Stooping and/or twisting limitations;
6. Lifting limitations both for weight and height, as well as frequency;
7. Pushing and/or pulling limitations.
8. Specific steps developed in the conjunction with the physician to
"condition" the employee so that they can return to their position as
quickly as possible. An example of a conditional objective may be to
gradually increase the number of hours per day an employee works or
gradually increase the number of days per week the employee
participates in normal job duties versus transitional work.
e. The Department Head will re-evaluate the physical restrictions from time to
time to ensure the employee does not exceed the requirements set by the attending
physician.
Refusal to Participate -Workplace Injury.
Should an employee with a workplace injury or an employee with a non -Workplace injury decline
an approved modified duty position, the City will deduct the time from the employee's extended
disability leave account.
6. Guidelines. While on a modified duty assignment, employees will:
a. Not be eligible for overtime
b. Be assigned to perform duties the employee is capable of performing in the department
where such work is available, as determined by the Department Head. Fire Department
employees will only be assigned duties within their Department.
c. Be paid the compensation the employee would have received had they continued to
perform their regular duties.
d. Fire Department employees on temporary modified duty assignment shall not be assigned
to work on units which will be responding in an emergency mode, firefighting, aerial or
engine operations, EMS or ambulance duty or any other emergency operations or duties.
Fire Department employees on temporary modified duty assignment may be assigned to
support roles on emergency scenes after traveling to the scene in a non -emergent
mode. Examples: Radio Communications, Safety Officer, research, PIO, obtaining additional
resources, etc.
e. Fire Department Employees assigned to a temporary modified duty assignment shall
report to work on their regularly scheduled shift day and work according to their regularly
assigned schedule as outlined in their collective bargaining agreement.
f Fire Department Employees may request assignment to a 40-hour workweek. If the
employee is assigned to a 40-hour workweek and works less than 40 hours, only the
difference between 40 hours and the hours actually worked will be deducted from their
extended disability/sick leave accrual.
7. Number of modified duty Assignments.
July 2012 City of Lake Elmo Page 14
The availability and number of modified duty assignments available in a department shall be
determined by the Department Head in conjunction with the Administrator. When considering a
modified duty assignment for an employee, priority shall be given to employees who have suffered
workplace injuries.
For the Fire Department at least two employees will be allowed on temporary modified duty
assignment at any one time for off -duty injuries. The availability and number of additional
modified duty assignments available in the department shall be determined by the Department
Head in conjunction with the Administrator. When considering an additional modified duty
assignment for an employee, priority shall be given to employees who have suffered workplace
injuries.
PHYSICAL FITNESS & WELLNESS POLICY
The purpose of this policy is to have a meaningful physical fitness and wellness program for all City
employees. Fire Department employees will work out, while on duty, for a one hour time period during
their shift. All other full time and part time employees of the City may work out during their off time.
General Information:
Exercise is a planned or structured movement, repetitive in nature. It is intended to improve or maintain
one or more of the following components of physical fitness:
• Cardio-respiratory fitness
• Muscular Strength
• Muscular endurance
• Flexibility
• Body Composition
The City of Lake Elmo is happy to provide its employs with comprehensive health insurance coverage. In
turn, employees are expected to keep themselves healthy and fit to mitigate workplace absences and
decreased productivity due to health -related issues.
EMPLOYEE WEAPONS POLICY
Except as hereinafter described, possession of firearms or other weapons at the workplace, in City owned
vehicles or during the course of performing job duties is prohibited. The exceptions to this prohibition
are as follows:
1. Law enforcement officers with weapons or firearms as approved by the Chief of Police.
2. Weapons for which the employee is licensed or permitted per Minnesota Law may be stored in
the employees own motor vehicle, but only if the vehicle remains locked while the vehicle is
parked on City property and while the vehicle is otherwise unattended and unoccupied and the
employee is performing duties in the course of his or her employment.
July 2012 City of Lake Elmo Page 15
. I 11111 .1 I I 114.1111111141.1 '31111111 1 .11111111-1114 .1 1 11 111 111 11 111 41/
EMPLOYEE BENEFITS
EMPLOYEE BENEFITS OVERVIEW
We strive to provide equitable and cost-effective benefits for our employees. Employees should
recognize that the total cost to provide a benefit is a significant supplement to their pay and should
therefore be viewed as additional compensation, paid in the form of a benefit.
The benefit information contained in this handbook is divided into several policies. Each describes a
separate benefit area. Together, these policies make up a reference that should answer most of your
questions. But you may, at some time, have a question or encounter a situation that is not covered within
this handbook. If you need individual help, contact the City Clerk / HR Director.
Many of your benefits are based on legal documents and contracts you may examine at your leisure. We
have tried to stay away from technical and legal terms to provide you with benefit information that is
genuinely helpful. You should understand, however, that plan contracts and legal documents, NOT THIS
HANDBOOK, govern your benefits.
We reserve the right to change, add, eliminate, or modify any employee benefits. Employees will be
notified of such changes.
Upon hire, the City Clerk / HR Director will provide information describing health, dental, and life
insurance, and pension in more detail.
HOLIDAYS
The City is closed on the following (11) holidays:
New Year's Day
• Martin Luther King Day
• Presidents Day
Memorial Day
Independence Day
Labor Day
• Veterans Day
• Thanksgiving Day
• Friday after Thanksgiving Day
Christmas Eve
Christmas Day
All regular full-time employees are eligible for holiday pay upon hire.
When a recognized holiday falls on a Sunday, the following Monday is normally recognized as the legal
holiday. If a holiday falls on a Saturday, the Friday preceding will be the paid holiday. If a paid holiday
falls during your scheduled vacation period, holiday pay will be provided and you will still have the
vacation day to use.
July 2012 City of Lake Elmo Page 1 6
Holiday pay will not be paid if the employee is absent the scheduled day before or scheduled day after the
holiday, unless approved by their Department Head.
Holiday pay is calculated based on your regular rate of pay. If an employee is requested to work on a
holiday they will receive the eight -hours of holiday pay, plus time and one half for the hours worked.
Employees on approved leave of absences are not eligible for holiday pay.
PERSONAL TIME OFF (PTO)
Personal Time Off (PTO) is authorized absence from duty.
Regular full-time employees and regular part-time employees are eligible for Personal Time Off (PTO).
Employees may not use Personal Time Off until successful completion of their probationary period,
although Personal Time Off accumulates during this time. Personal Time Off for regular part-time
employees shall be pro -rated.
The following chart provides information regarding Personal Time Off. Years of service are
calculated from the anniversary date of employment.
PERSONAL TIME OFF SCHEDULE
Completed Years of Service Personal Time
0-5 5 hours bi-weekly
5-10 6.5 hours bi-weekly
10-15 8 hours bi-weekly
15 and over 9.5 hours bi-weekly
Employees with 20 or more years of completed service as of January 1, 2004, shall accrue Personal Time
Off at a rate of eleven (11) hours bi-weekly.
Benefit year for Personal Time Off is April 1st through March 315t. A maximum of 240 hour s of Personal
Time Off may be carried over from benefit year to benefit year. Carry-over beyond 240 hours of Personal
Time Off may be made under special circumstances with written approval from the City Administrator.
All employees must receive permission from the department supervisor or City Administrator at least ten
(10) working days prior to taking Personal Time Offwhen Personal Time Off is to extend for a period of
more than three (3) consecutive days. If three (3) consecutive days of unscheduled Personal Time Off are
used, the supervisor shall make an inquiry into the employee's absence, and the employee shall cooperate
in authorizing the supervisor to obtain any necessary medical, hospital or other records that validate the
unscheduled absence. If the Personal Time Off is to be for eight (8) hours or less, permission will be
granted without notice if their supervisor feels that City services will not be adversely affected. Personal
Time Off scheduling for departmental employees is the responsibility of the department managers. No
employee will be permitted to use Personal Time Off for the purpose of receiving double pay.
Any employee leaving the service of the City in good standing will be compensated 100% for Personal
Time Off accrued, not to exceed 240 hours, to the day of separation provided said employee has served at
least twelve (12) consecutive months prior to separation and has given the City at least two weeks notice
July 2012 City of Lake Elmo Page 17
prior to the effective date of such separation. Such pay for accumulated Personal Time Off will be the
same rate as the hourly rate of the employee's base salary. Personal Time Off may not be used to extend
in employee's termination date.
When a paid holiday falls on a working day during an employee's Personal Time Off, the day of the
holiday will not be counted as a day of Personal Time Off.
One (1) day of Personal Time Off shall equal eight (8) hours for full-time employees.
In the case of disability from a work related disease or injury for which Worker's Compensation
benefits are available, an employee may elect to use Personal Time Off benefits rather than Worker's
Compensation benefits by notifying the City Administrator of their election. Under no circumstances
can an employee receive both Personal Time Off and Worker's Compensation benefits for the same
period of disability, except if the employee elects to receive Worker's Compensation benefits he/she
may also use Personal Time Off to the extent necessary to increase their income to their wage prior
to the injury or onset of the disease.
EXTENDED ILLNESS BANK
All accrued, but unused, Sick Leave banks of City employees as of January 1, are hereby converted to
Extended Illness Banks. An employee's Extended Illness Bank balance may be utilized only for illness
or injury, as certified by a physician's statement; and, only after an employee has used ten (10) days
of Paid Time Off.
Under no circumstances can an employee receive both Extended Illness Bank balances and Worker's
Compensation benefits for the same period of disability, except if the employee elects to receive
Worker's Compensation benefits, he/she may also use Extended Illness Bank balances, subject to
other related Policy, to the extent necessary to increase their income to their net wage prior to the
injury or onset of the disease.
When a full-time employee with five (5) or more years of continuous employment is terminated, laid
off or resigns, the employee may be paid, in addition to any sums otherwise due, a sum equal to one-
half of the employee's Extended Illness Bank balance, or 400 hours, whichever is less.
The Personal Time Off Schedule has been modified to reflect the City's current vacation accrual
schedule +6 days (rounded to even half hour accruals per bi-weekly pay period). As previously
directed by the Council, the Schedule has been set up to cap the maximum "vacation component" of
the Personal Time Off Schedule at 25 days after 15 completed years of service. Since we have one (1)
employee already accruing 30 days of vacation, a sentence was added to grandfather his accrual rate.
**The dates of the "Benefit Year" from 3/1 - 2/28 to 4/1 - 3/31. This will give employees with large
existing vacation banks (which will become PTO banks) an extra month to take advantage of taking
their already earned vacation.
**The Extended Illness Bank feature was added to address the existing employee sick leave banks. The
same "cash out" provisions as with current Policy were added as well (50% or 50 days after 5 years,
whichever less).
July 2012 City of Lake Elmo Page 18
EXEMPT EMPLOYEE FLEX -TIME GUIDELINES
exempt employees may not accumulate or use flex -time or compensatory time.
NON-EXEMPT EMPLOYEES OVERTIME / COMPENSATORY TIME
Overtime must be avoided, but when necessary, the intermediate supervisor must give specific approval
prior to it being earned. Non-exempt employees may accumulate a maximum of 16 hours of
compensatory time in lieu of overtime compensation. Non-exempt employees must exhaust the 16 hours
of compensatory time off, before the compensation accrual process re -sets. The use of compensatory
time must occur within six months of the accrual. Non-exempt employees will be paid overtime for any
hours worked over (40) in a given seven-day week. Use of vacation and compensatory time will not count
as time worked for the purposes of computing 40 hours of time worked.
APPOINTMENTS FOR FAMILY ILLNESS
Sick leave may (shall?) be used for the employee's medical and dental appointments. Employees will be
allowed to use a maximum of sixteen (16) hours per calendar year of sick leave in cases of illness or
injury in the immediate family where the immediate family member requires the attention of the
employee. Immediate family is defined as the employee's spouse, children, parents, or a member of the
employee's household.
FAMILY AND MEDICAL LEAVE
Our policy is to provide family and medical leave as required by federal and Minnesota laws. You must be
employed at least 52 consecutive weeks and have worked for at least 1,000 hours during those 52 weeks
in order to be eligible for family and/or medical leave under Minnesota law. If you have worked over
1,250 hours in the previous 12 months, you are eligible for family and/or medical leave under both the
Minnesota and federal laws or as amended. Both state and federal laws will be administered
concurrently. If applicable, short-term disability and workers' compensation also run concurrently with
The Family And Medical Leave Act (FMLA).
If eligible under the federal and Minnesota laws, you may take up to twelve (12) weeks unpaid leave
within a twelve (12) month period for the birth of a child or for the placement of a child for adoption or
foster care; or for the care of a spouse, child, or parent if he or she has a serious health condition (injury,
illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment
by a health care provider); or for your own serious health condition that makes you unable to perform
the functions of your position.
Note: If you are eligible for only Minnesota's Family And Medical Leave Act, a fewer number of weeks
will be available to you.
When both spouses are employed by the City, they are together entitled to a combined total of 12
workweeks of FMLA Leave within the designated 12-month period for the birth, adoption or foster care
placement of a child with the employees, for aftercare of the newborn or newly placed child, and to care
for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to additional
11,4111111111,1111,11,1.1,1111.,1,111,.,11,101,11111i11141,11,,IiIIIIM,101.ikl,11IIM.1,01,111, 1,1,10 ,1 1,111,11111,1,i L.LIN.1L1111,1,.11111.11,111,1,LL41.111110 h.1.1,111..,6111,14N1,1.4141iikIlli111,11,44.4.1i.1
July 2012 City of Lake Elmo Page 19
FMLA leave for other FMLA qualifying reasons (i.e., the difference between the leave taken individually
for any of the above reasons and 12 workweeks, but not more than a total of 12 workweeks per person).
If you wish to take family and/or medical leave, we must receive reasonable advance notice of the leave
and you must schedule your leave so that it does not unduly disrupt business operations. You will be
required to complete all necessary paperwork. You are required to provide a doctor's written
certification of the need for and anticipated length of the leave for you to care for your own illness or for a
seriously ill relative. You may substitute any paid time off benefits you have available to offset the
"without pay" provision of this benefit.
Your group health insurance will be maintained during your leave as required by the law, provided that
you continue to make any premium contributions as required by our insurance plan. If you elect not to
return from a family and medical leave of absence, you will be required to reimburse the City for
premiums paid on your behalf, or the coverage may be canceled retroactive to the end of the period for
which you last worked. Additional information regarding the requirements/provisions relating to group
health insurance during the period of a leave may be obtained from the City Clerk.
When returning from a medical leave, you will be required to provide us with a doctor's verification of
your fitness to return to work prior to your first day back on the job. You will be returned to your
employment position held immediately prior to the leave if that position is vacant or placed in an
equivalent position. If you do not notify the City and do not return from a family and/or medical leave on
the day agreed upon or required, the City will have considered you to have voluntarily resigned your
position.
i'ou may not hold other employment while on leave with us during the hours you would have normally
worked for us.
Employees on family and medical leave do not earn vacation benefits nor do they receive holiday pay.
However, FM LA leave does not cause employees to lose any previously earned employment benefits.
Our intent is to comply with all applicable provisions of both the federal and Minnesota Family and
Medical Leave Acts. As these laws are complex and can be quite confusing, please check with City Clerk if
you would like to get more information or acquire the necessary leave request forms.
Most City -provided benefits are affected by a leave of absence, especially health insurance. For a leave of
absence more than 90 days, all benefits shall be terminated subject to any rights of the employee to
continue coverage.
BEREAVEMENT LEAVE
In case of death in the immediate family (employee's spouse, children, grandchildren, grandparent,
mother, father, sister, brother, mother-in-law, or father-in-law, son-in-law, daughter-in-law), employees
will be allowed time off beginning with the date of death, to and including day of funeral, not to exceed
three (3) scheduled working days. Employees will be allowed one (1) day in case of death of spouse's
grandparent, aunt or uncle, the spouse of the employee's brother and sister, brother-in-law or sister-in-
law. Time off to attend the funeral of a fellow employee will be granted and paid at the regular straight -
July 2012 City of Lake Elmo Page 20
time rate. This provision will not be applicable if an employee is on leave of absence, paid sick leave or
vacation.
JURY DUTY
Any employee required to report for jury duty will receive their normal wages for each day the employee
is absent from work as a result of such jury duty. To be eligible to receive their normal wages the
employee must do the following:
The next regularly scheduled working day after receiving notice for jury duty, the employee must
inform their immediate Supervisor of their jury selection and provide their immediate Supervisor
with the dates they will potentially be serving on jury duty.
The employee will return to the City any payment received for such jury service.
Any employee required to report to jury duty but who is released from jury duty prior to the end of the
employee's normal work day will return to their place of work within a reasonable period of time.
The employee is required to present a copy of the summons, in advance of the jury duty date to their
Supervisor. Upon completion of jury duty, the employee must obtain a statement of attendance from the
court and submit it to their Supervisor. No payment of the salary will be approved until such summons
has been received. If the employee fails to produce a statement of attendance, payment will be returned
by the employee.
MILITARY LEAVE
The City of Lake Elmo prohibits discrimination against employees on the basis of military duty, affiliation
or status and requires reinstatement of any employee following military leave to the same position or a
position of like seniority, status and pay, as dictated by federal and state laws. Generally, an employee will
be reinstated if he or she is still qualified to perform the job duties and circumstances don't make it
impossible, unreasonable or against public policy to place the employee back into the same or similar
position.
The City will provide unpaid military leave to employees in accordance with federal and state laws. For
details, please contact the City Administrator.
A leave of absence without pay will be granted to any employee who enters any branch of the United
States armed services. Benefit accruals for any employee serving on active duty longer than 30
consecutive days will be calculated in accordance with applicable federal laws. You will be reinstated
with full seniority to your former position or to a comparable position if application for reemployment is
made within 90 calendar days of the date of an honorable discharge or the date of release from
hospitalization following discharge. Employees who are members of a reserve component of the armed
forces will be placed on unpaid leave for their annual two -week training duty. Benefit programs will be
unaffected by the leave and the employees may elect to use any vacation entitlement for the absence.
Training leaves will not normally exceed two -weeks per year, plus reasonable travel time.
July 2012 City of Lake Elmo Page 21
DMINISTRATIVE LEAVE
Under special circumstances, an employee may be placed on an administrative leave pending the
outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the
circumstances, as determined by the City Administrator with the approval of the City Council.
ADOPTIVE PARENTS (State law requirement for cities with more than 21 employees)
Adoptive parents will be given the same opportunities for leave as biological parents (see provisions for
Parenting Leave). The leave must be for the purpose of arranging the child's placement or caring for the
child after placement. Such leave must begin before or at the time of the child's placement in the
adoptive home.
SCHOOL CONFERENCE LEAVE (State law requirement for cities with more than 21 employees)
Any employee who has worked half-time or more for more than twelve (12) consecutive months, may
take unpaid leave for up to a total of sixteen (16) hours during any school year to attend school
conferences or classroom activities related to the employee's child (under 18 or under 20 and still
attending secondary school), provided the conference or classroom activities cannot be scheduled during
non -work hours.
BONE MARROW DONATION LEAVE (State law requirement for cities with more than 20
employees)
Employees working an average of 20 or more hours per week may take paid leave, not to exceed 40
hours unless agreed to by the City, to undergo medical procedures to donate bone marrow. The City may
require a physician's verification of the purpose and length of the leave requested to donate bone
marrow.
VICTIM OR WITNESS LEAVE
An employee who is subpoenaed or required by the prosecutor to attend court for the purpose of giving
testimony is entitled to reasonable time off from work to attend criminal proceedings related to the
victim's case.
ELECTIONS / VOTING
An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off
without pay for purposes of serving as an election judge, provided that the employee gives the City at
least ten (10) days written notice
July 2012 City of Lake Elmo Page 22
All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of the
United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to
tote during the morning of election day. Employees wanting to take advantage of such leave are required
to work with their supervisors to avoid coverage issues.
HEALTH INSURANCE
The City provides a group health insurance plan for all regular full-time employees and their dependents.
The City and the employee will share in the cost of health insurance. The City reserves the right to change
the plan or carriers anytime. Participation in the group health insurance plan is subject to all
requirements imposed by the carrier. Coverage will begin after a 30-day probationary period unless
otherwise specified.
A summary description of this plan is provided to you when you become enrolled. The actual plan
document is on file in the City Clerk's office. Please ask if you would like to review it or if you have
questions or need additional information.
FLEX BENEFIT
The City of Lake Elmo has adopted the IRS Section 125 plan that permits pre-tax payroll deductions of
medical benefit insurance premiums paid by its employees. Coverage for eligible employees is effective
on the first of the month following 60 days of continuous employment. Open enrollment is each
1)ecember for participation the following year.
LIFE INSURANCE
The City provides life insurance under the State of Minnesota Retirement Program. The cost of this
insurance is dependent upon their annual earnings, age and amount of coverage. The basic premium is
paid by the City after completion of six (6) months employment. Life insurance is not provided for new
employees until they have completed their orientation period, unless they are eligible for coverage
immediately upon hire as defined under the Minnesota Retirement System.
The City reserves the right to change the plan or carriers anytime. Participation in the life insurance plan
is subject to all requirements imposed by the carrier.
DENTAL INSURANCE
The City provides a group dental insurance plan for all regular full-time employees and their dependents.
The City and the employee will share in the cost of dental insurance. The City reserves the right to change
the plan or carriers anytime. Participation in the dental insurance plan is subject to all requirements
imposed by the carrier. Coverage will begin after a 60-day probationary period.
:,11.1.1,10.0,1.1111,111114.1,141111,:111111111,1,11JJ1,11,11,11,11.41,4110.i111,11,1111,111.1,11111:11441,101,14 .11,1,10.1h.1141.,111J1111411:1.,11.141:h,11.-
July 2012 City of Lake Elmo Page 23
CONTINUANCE OF INSU NCE WHILE RECEIVING DISABILITY PAYMENTS
A regular full-time employee on approved medical leave and receiving disability payments through the
City's insurance carrier shall be entitled to continue insurance coverage as follows:
Accidental Death - For a period of twelve (12) months, at the City's cost, beginning on the first day
disability benefits are paid by the City's insurance carrier;
Dental - For a period of ninety (90) days, at the City's cost as an individual, beginning on the first day
disability benefits are paid by the City's insurance carrier;
Health - For a period of ninety (90) days, at the City's cost as an individual, beginning on the first day
disability benefits are paid by the City's insurance carrier;
Life - For a period of twelve (12) months, at the City's cost, beginning on the first day disability benefits
are paid by the City's insurance carrier;
Long-term Disability - For a period of twelve (12) months or until the premium is waived by the
insurance carrier, whichever is greater, at the City's cost, beginning on the first day disability benefits are
paid by the City's insurance carrier;
Mort -term Disability - For a period of twelve (12) months or until the premium is waived by the
insurance carrier, whichever is greater, at the City's cost, beginning on the first day disability benefits are
paid by the City's insurance carrier;
Coverage for health and dental insurance shall terminate and become the employee's sole responsibility
through COBRA on the last day of the month where the ninety (90) day time limit expires. No additional
coverage or increase in coverage amounts can be added while the employee is on disability. The
insurance benefits shall be discontinued if the employee no longer receives disability payments from the
City's insurance carrier, receives federal disability benefits, resigns or is terminated. Family coverage, if
in effect on the day of or the day prior to the disability, can be maintained for the same duration as the
individual coverage provided the employee reimburses the City for the difference between the cost of
family coverage and individual coverage.
RETIREMENT FUND
The City participates in the Minnesota Retirement System (PERA) under the rules and regulations
established by the Minnesota Retirement Fund Board and pays the required employee and employer
contribution. Employees must contribute the entire employee share of their Minnesota Retirement
System contribution.
UNIFO' S
:6,,P.i1:1/411,11,11,6111,11111111i,4,111, 4,1111411111,11,11.111111,1,11114Jo;11.1,11.111.11Y41111,1,11,11.11,1,11116104,1,1110,111,1oltlii1111.11111,1,..:1,111,1,1,11,,,,Y11,111:1114,1111.41111.4111.11,11,111,1,1,1,14,1415,11,Louillmliolml.1.1,14{1111o,ILL1.1,1111,51,1011,1,,11,illawl,wil.iiLo,,I.1111,14u114,11110.111,11,14,A4441111ma II,111111,1,11.,1,141,1,11,1111.1411111111,1hIM 111,111511114.11,11;611,11k1111Y1111E11114i1111,11011111,1111,1J111111411,4., liflJd.4,11,1011, ' ' LJ,11.11,1:1,11,.44,11.k.A41.,In L6.
July 2012 City of Lake Elmo Page 24
The City will make arrangements to provide uniforms to employees of the Street, Utility and Park
Department. The City, payable when receipts are turned in, shall also contribute one hundred ninety five
lollars to a winter clothing allowance for each employee, for such items as jackets, bib overalls, insulated
coveralls, boots, hats and gloves.
WORKERS' COMPENSATION INSURANCE
We carry a workers' compensation insurance program as required by state law. This program covers
almost all injuries or illnesses sustained arising out of and in the course of your employment that require
medical, surgical, or hospital treatment. Workers' compensation insurance provides partial income
replacement benefits after a short waiting period, or immediately if you are hospitalized.
If you sustain a work -related injury or illness, you must inform the City Clerk immediately, no matter how
minor an on-the-job injury may appear.
EMPLOYEE TRAINING
When an employee's attendance at training or educational sessions is directed by the City, such
attendance will be without loss of pay. Such attendance will include reasonable reimbursement for
travel, lodging, and/or program expenses, provided such expenses are approved in advance by the City
Administrator or Department Head.
EDUCATION REIMBURSEMENT
Employees are encouraged to take advantage of education and training benefits to improve their job
skills. Either the employee or the City Administrator may initiate requests for education and training.
The City will reimburse any employee the cost of tuition for pre -approved courses or training sessions,
upon successful completion or passing grade, where appropriate.
July 2012 City of Lake Elmo Page 25
TI EKEEPING AND PAY OLL
TIMEKEEPING
Federal and state laws require that we keep an accurate record of time worked by our employees. All the
time you actually spend on the job performing assigned duties or other work -related projects is
considered to be time worked. Employees must accurately record their:
Beginning and ending work time.
Beginning and ending time of any split shift or other personal departures from work.
Use of approved time off (vacation, holiday, bereavement, etc.).
Time sheets are provided for our employees to record work time and any paid or unpaid absences from
work. Timekeeping rules are as follows:
1. You may record only your own time worked. Tampering, altering, or falsifying time records or
recording time on another employee's time sheet is not allowed and may result in disciplinary
action up -to and including discharge.
2. If you are late to work, record the time you actually started work. Lateness will be reflected in
your paycheck, so it pays to be on time to work. Excessive tardiness is cause for disciplinary
action.
Employees are required to sign their timesheet and forward to their Department Head before leaving
work on the last day of the workweek. Your Department Head will review your time records before they
are processed for payroll.
PAYDAYS
Regular full-time employees will be paid every two (2) weeks.
PAYROLL DEDUCTIONS
Federal, state, and local income taxes and social security payments, all required by law, are deducted
from your weekly earnings. Often these deductions may change because they are affected by changes in
the amount you earn, by legislation, and by the number of dependents you declare. Also, additional
deductions you have authorized us to make or that we are required to make (i.e., garnishments, child
support) will be automatically deducted from your paycheck.
1 111 1 ' 1 LI,1111,11,1,i411,1,11/1011,4.1,, 4111111.1.11111,11.111,11,J01,11.,,,411.11ilbil;i1:11i,11 a iggi.l...11igi.ik11.11:1111,i,6111.0i0:11,1finliNill,liilli:1111.,1111,2Faii/.1.1.1,,Illii.111111ilil,1141.
July 2012 City of Lake Elmo Page 26
DIRECT DEPOSIT
:he City of Lake Elmo requires your payroll check to be electronically deposited into an account at a
financial institution you designate. Direct deposit provides a safe and convenient method of payroll
distribution.
The employee is responsible for notifying the City Clerk of any change in their financial institution or
bank accounts to ensure the proper direct deposit of payroll to the employee's account.
OVERTIME - CALL IN TIME
Overtime work begins to accrue after the completion of 40 hours actual time worked.
All overtime work must first be authorized or approved by a Department Head in writing. Compensation
for overtime to overtime eligible employees will be granted at one and one half (1-1/ 2) times the regular
rate of pay to be scheduled at the mutual convenience of the employer and employee. Compensation for
overtime to over -time non -eligible employees will not be granted. However, time away from the job may
be granted to the employee at the discretion of the City Administrator.
The City Administrator may declare an emergency during periods of disruption resulting from accidents,
acts of God, or events of crisis proportions. Department Heads will notify employees by any means
available and may instruct them to deploy from home, job, or any other place for the purpose of
alleviating such emergency situations. Failure to report to duty under these circumstances may be
Irounds for disciplinary action.
Call in Time - When employees of the Public Works Department are called in to work from home by
phone or by pager, after the completion of their regular scheduled shift, they shall receive a minimum of
two hours of their regular rate (defined as call time). Upon arrival from call in, the employee's eight hour
day begins.
If a member of the Public Works Department is called in (by pager or phone) they will only receive two
hours of their regular rate only if they physically respond to the call or document in writing that the issue
was mitigated by phone. In addition, response to additional calls within the first two hours of response to
the first call cannot be claimed as a separate call -in event.
If said overtime is scheduled the day before or during the regular shift, the employee will not receive call
in time.
Public Works employees may be assigned weekly standby duty on a rotation basis in order to respond to
events occurring outside the workday. The employees shall remain alcohol free during the week he / she
is on standby duty. During an employee's standby week, he / she shall perform required equipment
checks and water quality sampling / testing between 7:00 a.m. and 10:00 a.m. on Saturday, Sunday and
any holiday that falls within that week and shall be compensated a minimum of four (4) hours worked
each day at the rate of one and one-half times his / her regular hourly rate for work on those days.
July 2012 City of Lake Elmo Page 27
MEETING PAY
..ach employee called in to report to work outside of his/her regular hours for the purpose of taking
meeting minutes (attending a meeting?) shall receive a forty dollar ($40.00) flat fee per meeting.
However, an employee shall not earn less than their regular hourly rate at time and one half in any case.
Off The Clock
The City is committed to paying employees for all time worked. Work performed "off the clock" will be
paid, but is a violation of this policy for which employees will be disciplined. Employees who feel they
have been pressured to work off the clock should contact the City Administrator or Department Head.
PERFORMANCE EVALUATIONS
Performance Evaluations are an essential component in the administration of personnel. They provide
information relating to: merit raises and promotions; needed training and education; identification of
promotable employees for future reference; needed classification of positions; and identification of
career advancement structures.
SCHEDULE FOR COMPLETING PERFORMANCE EVALUATIONS
City Service - During the six (6) month orientation period, employees will be evaluated twice; once after
three (3) months and approximately one (1) week prior to the end of the orientation period depending
in scheduling. Evaluations will occur at a minimum of annually thereafter.
5_pecial Evaluations - Should occur:
1 Prior to any promotion;
2. When an employee is subject to any disciplinary action exceeding an oral or written reprimand;
3. At the employee's request. When an employee requests a performance evaluation, at a scheduled
time, or any other time, the City Administrator will make reasonable efforts to satisfy requests for
additional evaluation.
Procedures
Performance evaluations are to be completed cooperatively by the employee and the Department Head
or the City Administrator, when appropriate. They are to be completed within the scheduled month and
may be initiated by either the employee or the City Administrator. The City Administrator may solicit
input from the immediate Supervisor if they desire to do so. The employee, Department Head and City
Administrator are required to sign the forms. All evaluations will be placed in the employee's personnel
file and the employee will be provided with a copy. If the employee is dissatisfied with the performance
evaluation, they must initiate the grievance procedure process within five (5) working days after the
evaluation.
July 2012 City of Lake Elmo Page 28
PAY REVIEWS
,ndividual pay adjustments are generally based on the results of your performance evaluations.
However, please be aware that although your pay will be reviewed regularly, it does not mean you can
expect to get a pay increase each time. We do not give "general" or "cost of living" increases. Raises are
also dependent on a number of other factors such as budgetary considerations, economic conditions,
industry trends, and the value of the job you perform to the City and in our labor market.
We consider everyone's rate of pay to be a confidential matter between the employee and Management
unless applicable under the Data Practices Act .
TRAVEL ALLOWANCE FOR OFFICIAL TRAVEL
When requested, City officials and employees (including City Council Members), will be reimbursed at the
current Internal Revenue Service (IRS) rates for the use of personal_vehicles while on City business.
Mileage will be calculated from point of departure. Approved lodging expenses will be reimbursed at
actual expense; receipt required, or can be paid with the City's credit card by the City Office in advance of
the travel. Employees will not be allowed to use the City credit card for travel expenses. For all travel -
meals will be reimbursed up to the following maximum allowable expense:
Breakfast - $10.00,
Lunch - $15.00,
and Dinner - $25.00.
Any combination may be used not to exceed $50.00 per day.
Receipts are required where the actual cost exceeds the allowable limit. City officials and employees will
make every reasonable effort to save City funds wherever practical. The City Administrator may require
receipts. Receipts may be required of the City Administrator. In such cases, the demand for receipts shall
be made prior to the travel.
Where individual meals are provided as part of the tuition, registration fee or other prepaid cost, the
individual meal allowance for that meal may not be claimed under the per diem rate.
Alcoholic beverages are not reimbursable.
Employees may request funds in advance for travel expenses within the allowable limits.
July 2012 City of Lake Elmo Page 29
E PLOYEE CONDUCT
EMPLOYEE SAFETY AND HEALTH
While no job can be made completely free from hazards, the City has a duty to reduce to a minimum the
occupational dangers and threats to safety present in the work place. To be successful, this effort
requires the ongoing cooperation of all employees.
The purpose of the policy set forth is to:
Establish and maintain a safe, healthy working environment for all employees;
2. Ensure the reputation of the City and its employees within the community;
3. Reduce the number of accidental injuries to persons and property;
4. Reduce absenteeism and tardiness and to improve productivity.
The City of Lake Elmo has an established safety program. Contact the City Clerk to view the safety
manuaL
DISABILITY - PROCEDURE FOR REQUESTING AN ACCOMODATION
Qualified individuals with disabilities may make requests for reasonable accommodation to their
Department Head, Clerk/HR Director or City Administrator. On receipt of an accommodation request, an
appropriate City representative will meet with the individual making the request to discuss and identify
the precise limitations of job functions resulting from the disability and the potential accommodation that
the City might make to help overcome those limitations.
The City of Lake Elmo will determine the feasibility of the requested accommodation, considering various
factors, including, but not limited to, the nature and cost of the accommodation, the availability of tax
credits and deductions, outside funding, overall financial resources, and the accommodation's impact on
the operation of the City, including its impact on the ability of other employees to perform their duties.
The City of Lake Elmo will inform the employee of the City's decision on the accommodation request and
when appropriate steps for making the accommodation.
SMOKING CONTROL POLICY
The City of Lake Elmo wants to protect the public health and welfare of our employees and those whom
they serve. The City recognizes the need to strike a reasonable balance between the needs of persons
who smoke and the needs of nonsmokers to breathe smoke -free air, and recognizes that where those
needs conflict, the need to breathe smoke -free air will have priority.
July 2012 City of Lake Elmo Page 30
For purposes of this policy, smoking is defined as carrying a lighted cigar, cigarette, pipe, or other lighted
moking equipment.
In general, all City owned and/or operated facilities will be considered smoke free. All rest rooms,
elevators, corridors, and lunchrooms should be smoke free. Exceptions to the smoke free policy may be
made for those facilities that are specifically leased or rented for private use.
Employees are not allowed to smoke in City vehicles or in vehicles such as busses or vans used to
transport members of the general public.
DRUG AND ALCOHOL ABUSE
Definitions
An alcoholic beverage means any beverage that may be legally sold and consumed and has an
alcoholic content of 3% or more by volume.
2. A drug means any substance other than alcohol capable of altering an individual's mood,
perception, pain level or judgment.
A prescription drug means any substance prescribed for an individuals' consumption by a
licensed medical practitioner.
4. Prescription drugs used contrary to doctor's instructions includes prescribed drugs prescribed
to a third party, and used by the individual without prescription.
Prohibited Activities
The following activities are strictly prohibited:
1. Employees who are under the influence of alcohol, illegal drugs, controlled substances or
prescription drugs used contrary to a doctor's instructions on the job.
2. The unauthorized use, sale, transfer, possession, or purchase of the following substances on City
property, while on duty, or while performing City business: alcohol, illegal drugs, controlled
substances or prescription drugs contrary to a doctor's instructions.
3. Unlawful acts off duty and off City property that involve the use of alcohol, illegal drugs, controlled
substances or prescription drugs contrary to a doctor's instructions.
4. Refusal to seek medical assistance through a rehabilitation program, when an employee:
a. Has been diagnosed with alcohol or chemical dependency, or
b. Believes that they have a substance addiction or dependency.
5. Refusal to comply with alcohol and drug testing schedules or instructions.
July 2012 City of Lake Elmo Page 31
Offending employees will be subject to discipline up -to and including discharge. In the appropriate
:ircumstances, these activities will be reported to the proper law enforcement agency.
Drug Free Workplace
In accordance with Federal Law, the City of Lake Elmo has adopted the following policy on drugs in the
workplace:
A. Employees are expected and required to report to work on time an din appropriate mental and
physical condition. It is the City's intent and obligation to provide a drug -free, safe and secure
work environment.
B. The unlawful manufacture, distribution, possession, or use of a controlled substance on City
property or while conducting City business is absolutely prohibited. Violations of this policy will
result in disciplinary action, up to and including termination, and may have legal consequences.
C. The City recognizes drug abuse as a potential health, safety, and security problem. Employees
needing help in dealing with such problems are encouraged to use their health insurance plans, as
appropriate.
D. Employees must, as a condition of employment, abide by the terms of this policy and must report
any conviction under a criminal drug statute for violations occurring on or off work premises
while conducting City business. A report of the conviction must be made within five (5) days after
the conviction as required by the Drug -Free Workplace Act of 1988.
Testing
Drug testing shall be required in conformance with the City's drug testing policy as amended from time to
time.
Rehabilitation
Rehabilitation is the responsibility of the employee.
Political Activity_
City employees have the right to express their views and to pursue legitimate involvement in the political
system. However, no City employee will directly or indirectly, during hours of employment, solicit or
receive funds for political purposes. Further, any political activity in the workplace must be pre -
approved by the City to avoid any conflict of interest or perception of bias such as using authority or
political influence to compel another employee to apply for or become a member in a political
organization.
July 2012 City of Lake Elmo Page 32
NEPOTISM
he City of Lake Elmo will not employ the immediate family of current City employees and elected City
officials where:
. One of the parties would have authority (or practical power) to supervise, appoint, remove, or
discipline the other;
2. One party would handle confidential material that creates improper or inappropriate access to the
material by the other;
One party would be responsible for auditing the work of the other; or
4. Other circumstances exist that might lead to potential conflict among the parties or conflict between
the interest of one or both parties and the best interests of the City.
In cases where such situations clearly do not exist, the City will allow the employment of relatives.
Change in Circumstances: If two employees marry, become related or begin sharing living quarters with
one another, and in the City's judgment, the potential problems noted above exist or reasonably could
exist, only one of the employees will be permitted to remain employed with the City, unless reasonable
accommodations, as determined by the City Administrator can be made by the two employees within
thirty (30) calendar days of the date they marry, become related, or begin sharing living quarters with
'ach other. If no decision is made during this time, the City reserves the right to terminate either
employee.
The Administrator may, on a case -by -case basis without any precedent setting, approve a formal request
for a temporary exemption from the provisions of this policy. Such exemption is always temporary and
may be subject to cancellation by the Administrator without notice, explanation or justification. When a
temporary exemption is made, the Administrator may require affected employees to sign a letter of
understanding at his/her discretion.
Definitions for Purposes of this Policy
"Relatives" include current spouse, children (including step children), parents (including step parents),
grandparents, brothers and sisters. "Spouse" means those employees having a legal marital relationship
or a recognized long-term shared living quarters relationship.
SUPERVISOR/EMPLOYEE RELATIONSHIP
Department Heads and Supervisors are prohibited from having romantic and/or sexual relationships
with employees under their supervision. Perceived violations of this policy shall be brought to the
attention of the Department Head or the City Administrator. Department Heads or Supervisors found to
have violated this policy shall be subjected to disciplinary action including the possibility of discharge.
July 2012 City of Lake Elmo Page 33
ANNOUNCEMENT OF VACANCIES
A vacancy exists as a result of termination, resignation, promotion, lateral transfer, creation of a new
position and or seasonal employment.
When there is a vacancy, the Department Head will submit a written request to the City Administrator.
The request should state special requirements for the position to be added to the job announcement.
Approval must be obtained from the City Administrator prior to any advertising or recruiting.
The job announcement will specify the following:
1. Class Title
2. Salary Range
3. Duties and Responsibilities of Classification
4. Place and Last Date to File Application
5. Minimum Qualifications
6. Screening and Evaluation Procedures
7. Other Pertinent Information
Announcements will be posted on the bulletin board of the City Hall.
USE AND SAFE OPERATION OF CITY VEHICLES
Below is a list of Safety Rules and Regulations for safe operation of City vehicles:
1. City employees who need or are required to use City vehicles must hold a valid driver's license.
2. Anyone who fails to maintain their driver license or CDL, which is a requisite of employment, is
subject to disciplinary action up -to and including discharge.
3 City vehicles are to be used for City Business only and must not be used for personal use. No
unauthorized passengers or drivers will be allowed to either operate or ride as a passenger in a
City vehicle. EXCEPTIONS: Certain employees serving in a 24-hour stand-by capacity may be
allowed to commute to and from work with a City vehicle in the interest of minimizing response
time. Those employees will be permitted to transport their own children in a vehicle for the
purpose of dropping their child off before, or picking them up after, their work day. While
incidental personal use of the vehicle may occur during the commute, such use is to be kept to an
absolute minimum.
4. Cellular telephones may not be used while driving a City vehicle (see the "Use of Cellular Phone or
Similar Device section).
5. All State of Minnesota Motor Vehicle laws must be adhered to.
6. While driving a City vehicle employees should not exceed the posted speed limits.
7. Seat belts will be worn at all time while either operating or riding as a passenger in City
vehicles.
8. City vehicles are to be operated only when in a safe operating condition. Each employee driving a
vehicle shall inspect the vehicle to assure that the vehicle is in a safe operating condition.
9. All accidents must be reported to the local police department and your Department Head
immediately.
10. Drivers must notify their Department Head of any traffic or parking citations, including warnings,
July 2012 City of Lake Elmo Page 34
received while operating a City vehicle.
11. Drivers are personally responsible for paying any traffic or parking fines incurred while they are
operating a City vehicle.
12. Whenever possible use a spotter when backing up a public works vehicle.
13. Maintain a safe cushion of space while operating a public works vehicle. For every 10 miles per
hour, maintain one car/truck length of space.
14. Do not operate a City vehicle under the influence of drugs and or alcohol.
15. Anyone who fails to maintain their driver license or CDL, which is a requisite of employment, is
subject to disciplinary action up -to and including discharge.
USE OF PERSONAL VEHICLES
On occasion, you may be asked to use your personal vehicle for City of Lake Elmo's business. We require
you have adequate automobile insurance before driving any vehicle on City business. We require that
you carry liability insurance for your vehicle. If you are in an accident with your vehicle while on the
City's business, your insurance is primary. As with any accident, report it to your immediate Department
Head(s) immediately.
When driving any vehicle on City of Lake Elmo's business, you are expected to observe all traffic laws.
This includes wearing seatbelts. Tickets that result from an infraction of traffic laws or parking violations
are your responsibility. Use of cell phone by driver in a moving vehicle is prohibited.
USE OF CELLULAR PHONE OR SIMILAR DEVICE
The City of Lake Elmo prohibits employee use of cellular phones or similar devices while driving City
vehicles or equipment. Cell phone use while driving is dangerous, and may even approach the equivalent
danger of driving while drunk, according to some studies.
You may not use a cellular phone or similar device to receive or place calls, text messages, surf the
Internet, check phone messages, or receive or respond to email while driving if you are in any way doing
activities that are related to your employment.
We recognize that other distractions occur during driving, however curbing the use of cell phones, while
driving, is one way to minimize the risk of accidents. Therefore, you are required to stop your vehicle in a
safe location so that you can safely use a cell phone or similar device.
Employees who violate this policy will be subject to disciplinary actions, up to and including employment
termination.
USE OF TELEPHONE AND SUPPLIES
City telephones are for business purposes. Telephone calls may be monitored and/or recorded by the
City for business purposes. Incoming and outgoing personal phone calls are to be kept to a minimum and
111'11114i I Ili,111.11i4 I I I 4 I 4111.1, 4 .1 I I 011
July 2012 City of Lake Elmo Page 35
should not interfere with or prevent us from providing quality service to our customers. Personal calls
should be made during your lunch period. Personal long distance phone calls are not allowed.
Our mail system and letterhead are for business purposes only and are not to be used for personal use.
Anything more should be discussed with your immediate Department Heads.
City supplies are for business use only and may not be used for personal reasons or taken home. This
includes but is not limited to all office supplies.
ELECTRONIC MEDIA
The City of Lake Elmo provides a variety of information technology resources such as computers,
software, printers, scanners, electronic mail and Internet access for employees in an effort to allow them
to be more productive and have the information necessary to do their jobs. The use of these resources is
intended for the City of Lake Elmo business purposes only. Except as prohibited by this or another more
restrictive Department policy, limited and reasonable use of these tools for occasional employee personal
purposes that does not result in any additional cost from loss of time or diversion of resources from their
intended business purpose is permitted subject to Management approval.
Employee Responsibility
Employees are responsible for appropriate use of information technology resources in accordance with
+his policy or more restrictive Department policy. In addition to complying with all laws and policies,
4mployees are expected to adhere to the highest ethical standards when conducting business. If you feel
you have experienced or witnessed incidents of electronic media policy violations, notify your
Department Head, Clerk/HR Director or the City Administrator immediately.
Department Head Responsibility
Department Heads, Managers and Supervisors are responsible for ensuring the appropriate use of
information technology resources through training, supervising and, when necessary, taking disciplinary
action.
Appropriate Use
The use of and access to the City of Lake Elmo owned information technology resources is limited to
employees and officers of the City of Lake Elmo assigned access to said resources. It is intended for
official purposes associated with the performance of governmental function in the name of and on behalf
of the City of Lake Elmo. Consequently, all data and information shall be and shall remain the property of
the City of Lake Elmo and shall not belong to the individual employee or officer.
The use of information technology resources for limited personal use is a privilege, which may be
revoked at any time by the City of Lake Elmo if use is deemed inappropriate.
July 2012 City of Lake Elmo Page 36
Inappropriate Use
nappropriate use of information technology resources, including for limited personal use as authorized
herein, may result in revocation of privileges, job related discipline, or both. Uses that are prohibited
include, but are not limited to:
• Accessing resources or altering data without explicit Management authorization.
• Intentionally deleting or damaging data.
• Intentionally introducing a computer virus.
• Engaging in illegal activities as defined by state and federal law or local ordinance.
• Wagering, betting or selling chances.
• Initiating or forwarding chain letters.
• Transmitting threatening, abusive, obscene, lewd, profane, or harassing material.
• Transmitting or viewing materials with intent to demean any person's age, disability, gender, race,
national origin or sexual orientation, unless it is job related.
Viewing, reading or accessing any sexually explicit sites or materials that are in any way sexually
revealing, sexually suggestive, sexually demeaning, or pornographic, unless it is job related and
approved in writing in advance.
• Engaging in commercial activities.
• Soliciting, except in relation to City of Lake Elmo activities.
Promoting personal, political, religious or private causes, positions or activities, or working on
behalf of organizations who have no professional or business affiliation with the City of Lake Elmo.
Attempting to evade, disable, or bypass any security provisions of systems or the network.
• Obtaining unauthorized access to any computer system.
Business Purpose
All systems including Email and the Internet are business tools to be used in accordance with our mission
of public service. If your employer and/or Departmental policy allows personal use, employees may use
the computer assigned to them to send personal messages or to access the Internet for personal research
as long as such use does not interfere with work productivity.
Internet/Email Conduct
Use of the Internet and Email requires conformance to a professional standard of conduct. Employees
are to conduct themselves as 'representatives' of the City of Lake Elmo and must show consideration and
respect to others. It is the responsibility of each employee to ensure that use of the Internet and Email is
done responsibly and economically, and that access does not adversely affect his or her productivity.
Confidential Information
Many employees have access to confidential information through the course of their job. Confidential
information may only be used to perform job functions. Any other use is prohibited and may be
punishable by criminal prosecution and/or employee sanctions including termination. Access to
confidential information outside of the strict business needs of job function is prohibited. Reasonable
measure must be taken to safeguard confidential information from unauthorized access.
Confidentiality of messages cannot be guaranteed in the City of Lake Elmo Email system. If a message
contains confidential information, consider using other forms of delivery.
July 2012 City of Lake Elmo Page 37
Securitv
The following guidelines have been established for all employees given access to information technology
resources:
Employees may only access information explicitly authorized for their positions by Management
or for limited personal use as authorized by this policy or a more strict Department policy.
Employees are responsible for safeguarding their login ID's and passwords and are held
accountable for any activity that occurs under their login ID. Any unauthorized activity must be
immediately reported to Management.
Employees may not use login ID's and passwords belonging to others to seek information, hide
their identity or misrepresent someone else.
Anyone receiving electronic communications in error shall notify the sender immediately. The
communication may be privileged, confidential, and or exempt from disclosure under applicable
law. Such privilege and confidentially shall be respected.
Wallpaper
Use of computer desktop wallpaper is limited to the wallpaper designs provided with the installed
WINDOWS operating system or other files in a standard bitmap (.13MP) format. Questions on whether a
specific wallpaper file has an approved format should be directed to the City Clerk before installation.
Wallpapers that require a program to display may degrade system performance or conflict with other
installed software, and, therefore, are prohibited. Wallpapers that are inappropriate, as defined in the
.nappropriate Use section above, are strictly prohibited.
Copyrighted Material
Material on the Internet may be copyrighted. Duplicating or distributing copyrighted material without
the express written consent of the owner is against the law and is prohibited. Employees should not
assume that software is available for public use free of charge simply because there is no copyright or
intellectual property notice on or in the software. U.S. copyright law, and that of many other countries, no
longer requires a copyright notice as a prerequisite to copyright protection.
Software Purchase/Use/Installation
All software on City of Lake Elmo computers must be legally licensed, purchased and installed through
the City of Lake Elmo unless otherwise authorized by the Data Management Group. Running software
that is not licensed is illegal and can subject the user and the City of Lake Elmo to substantial penalties
under the law. No personal software, even if purchased by an employee specifically for his/her office
computer, may be installed without prior authorization of the Data Management Group. Requests for
new software applications will be ordered only after review and approval by the respective Data
Management Group.
July 2012 City of Lake Elmo Page 38
Home Use of Software
]ity of Lake Elmo software may be used on a home or portable computer only if the licensing agreement
of the software vendor allows it, and only after a written request from the appropriate Department
Manager is approved. Each licensed copy of software may only be used on one computer at any time.
Hardware Purchase/Use/Installation
All hardware, including computers, printers, scanners, telephones and other peripherals, must be
purchased and installed through Data Management unless otherwise authorized by the Data Management
Group. The City of Lake Elmo computers and new hardware technology will be ordered only after review
and approval by the Data Management Group.
Installation Scheduling
Upon arrival, all hardware and software installations will be scheduled and performed by the Data
Management Group unless otherwise authorized.
Data Center Support
Computer, network, hardware peripheral and standard software support is the responsibility of the Data
Management Group. Support calls should be directed to the Data Management Group, not to a specific
technician, programmer or analyst.
.'rivacv and Monitoring
The information technology resources provided for employees are the exclusive property of the City of
Lake Elmo as are all documents, applications, communications, and messages created using those
resources. Data items created using information technology resources should not be considered private.
The City of Lake Elmo reserve the right to access the contents of documents, applications, Email
communications and messages and to fully cooperate with local, state and/or federal officials in any
investigation concerning or relating to any electronic communications transmitted to or from any City of
Lake Elmo facility. This includes limited personal use of Information Technology Resources as
authorized herein.
Hardware and software tools have been installed which log the destination and duration of Internet
access by user, examine the contents of files and Email, and scan network disk drives. The contents of
local hard drives may be physically examined without notice. Periodic and random audits of information
technology usage may be performed. Management may use the results to identify and prevent problems.
Violations and Disciplinary Actions
The failure or refusal of an employee or officer of the City of Lake Elmo to abide by this policy may result
in employment related sanctions in accordance with existing policies.
July 2012 City of Lake Elmo Page 39
Policy Chang
Fhis policy may be modified at any time to reflect changes in technology or strategic direction or for any
other reason deemed sufficient by the City of Lake Elmo. Employees will be notified of policy changes via
the means deemed appropriate by the City of Lake Elmo.
DRESS CODE
City employees are expected to be dressed and groomed in a clean and neat manner according to current
social standards. In addition, employees should dress and groom in a manner that will not impair or
restrict their movements or otherwise cause safety problems.
All employees are expected to be well groomed and practice good personal hygiene. Please avoid the use
of strong perfumes or colognes as they can be offensive and sometimes produce allergic reactions in
others (coworkers and customers alike).
Each Department Head is responsible for determining if a particular employee's appearance and
grooming is appropriate for the work being done. If the Department Head determines that an employee
is inappropriately attired or groomed, she or he will tell the employee to go home on their own time,
make necessary changes, and return to work in a reasonable amount of time.
MAINTENANCE OF WORK AREAS
't is the policy of the City of Lake Elmo that work areas must be kept clean and orderly at all times.
Employees are responsible for maintaining their work areas in a clean and orderly fashion. To fulfill this
responsibility, each employee should, at a minimum, do the following:
1 Place coats, boots, umbrellas, and other items of clothing in designated areas so that work areas
are not cluttered;
2. Consume any food or beverages in designated areas so that work areas are kept free of food
related litter; and
3 Prior to the end of the work day, clean and store all tools and equipment and properly secure any
items, papers, or information of value.
Supervisors are responsible for having their employees maintain their work areas according to the
requirements of this policy. Each Supervisor should:
1. Make sure aisles, floors, and walls are free of debris and other items and that all end -of -the -day
tasks have been performed;
2. Monitor the facilities and equipment and issue maintenance requests where appropriate;
3. Arrange for the removal of any items from the work place that are not needed for the flow of
business or the enhancement of employee comfort;
4. Report to the City Administrator any existing or potential work place hazard and safety violations;
and
5. Ensure the proper disposal of all trash, waste, and scrap.
July 2012 City of Lake Elmo Page 40
Employees should inform their Supervisor of any concerns about working conditions.
EMPLOYEE CONDUCT GUIDELINES
We expect our employees to follow rules of conduct that will protect the interests and safety of all
employees and the City, and present a professional image to all customers and guests. It is not possible to
list all the forms of behavior that are considered unacceptable in the workplace, but the following are
examples of infractions of rules of conduct that may result in disciplinary action, up -to and including
discharge.
Discourteous conduct or poor service to customers.
Falsification of City records in any form, embezzlement, or failure to follow internal control or
security procedures.
Theft or inappropriate, unauthorized removal or possession of City or coworker's property; use of
City equipment or supplies for personal projects.
Falsification of timekeeping records.
Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace while on
duty.
Boisterous or disruptive activity in the workplace.
Improper, careless, negligent, destructive, or unsafe use or operation of City equipment.
Insubordination or other disrespectful conduct.
Deliberate statements or actions detrimental to the City; knowingly spreading false reports
intended to disrupt relationships among employees and/or between employees and the City of
Lake Elmo.
Sexual or other forms of harassment.
Unprofessional conduct at outside events where the employee is representing the City of Lake
Elmo; such as courses, seminars, and community events.
Possession of dangerous or unauthorized materials, such as explosives on the premises, weapons,
or firearms, in the workplace and possession of weapons or firearms on the premises without a
permit.
Excessive or unauthorized absenteeism or tardiness; giving false reasons for absences from work.
Unauthorized overtime or failure to record overtime worked.
Unauthorized use of the telephone.
July 2012 City of Lake Elmo Page 41
Smoking within the City building or City vehicles.
Unauthorized disclosure of business secrets or confidential business or customer's information.
Unauthorized entrance to the City other than to report to work or to conduct business.
Violation of personnel policies.
Unsatisfactory work performance or conduct; deliberate or excessive waste of materials; poor
workmanship or low productivity.
Using abusive or offensive language with customers or coworkers.
Refusal to seek treatment or resolution of personal matters that affect work performance
(including, but not limited to: emotional or family matters, drug abuse or addiction, or
alcoholism).
Acceptance of gratuities or influence designed to affect the City's response to the public or special
interest groups.
Depending on the circumstances involved, discipline issued may be a verbal reprimand, a written
reprimand, suspension without pay, or discharge. Progressive discipline may not be followed in all cases.
Depending on the nature of the violation and other circumstances, including but not limited to the
employee's past conduct, one or more "steps" may be repeated or skipped. In some circumstances,
.mmediate discharge may result.
ANTI -RETALIATION POLICY
The City of Lake Elmo prohibits and does not tolerate retaliation against any employee because of that
employee's participation in protected activities, including but not limited to good faith reporting of
workplace wrongdoing, making a protected claim against the organization, participating in any related
investigation, or properly using City benefits. Any employee who engages in prohibited retaliation is
subject to disciplinary action, up to and including possible termination.
Regardless of title or position, no person has the authority (expressed, actual, apparent or implied) to
retaliate against any employee.
The City of Lake Elmo recognizes that making false accusations of wrongdoing in bad faith can have
serious consequences for those who are wrongly accused. The City prohibits deliberately making false
and/or malicious allegations, as well as deliberately providing false information during an investigation.
Anyone who violates this rule is subject to disciplinary action, up to and including termination.
VIOLENCE/THREATS OF VIOLENCE POLICY
The City of Lake Elmo is committed to preventing workplace violence and providing a safe work
_!nvironment. The City prohibits and does not tolerate violent acts or threats of violence against
employees, visitors, guests or other individuals within its facilities or during any City -related activity
(including off duty periods).
July 2012 City of Lake Elmo Page 42
Violence may be described as verbal or physical threats, intimidation, and/or aggressive physical contact.
?rohibited contact includes, but is not limited to the following:
• Intimidation, harassment, assault, battery, stalking, or conduct that causes a person to believe that
he or she is under a threat of death or bodily injury.
Inflicting or threatening injury or damage to another person's life, health wellbeing, family or
property.
Possessing a firearm, explosive, hazardous devices or substances, or other dangerous weapon in
City buildings, or using an object as a weapon on City property or during any City -related activity.
Abusing or damaging City or employee property.
Using obscene or abusive language or gestures in a threatening manner.
Raising voices in a threatening manner.
Because of the potential for misunderstanding, joking about any of the above conduct is also prohibited.
Employees are also expected to refrain from fighting, "horseplay" or other conduct that may be
dangerous to others.
Restraining Orders:
Any employee who obtains a restraining order against any person should immediately notify
management. The City of Lake Elmo has made a commitment to provide a safe workplace and can only do
so if it receives information concerning individuals who have been ordered to maintain a distance from
its facilities and/or employees.
Warning Signs of Potential Violence:
[here are often signs serving as a warning that violence in the workplace may occur. Please review the
following list of common early warning signs, keeping in mind that demonstration by an individual of one
or many of the actions on the below list do not automatically point to certain violence. However, their
activities should be noted and the City could become involved to assist detecting and defusing a potential
workplace incident.
• Increase in use of alcohol or using drugs.
History of violent or aggressive behavior or frequent physical fighting off or on duty.
Displaying a loss of control, (Le., loss of temper on a frequent basis, frequently for unsubstantiated
reasons, or over minor issues).
Either joking or making serious direct or veiled threats.
Physically, verbally or emotionally intimidating others or instilling fear, for example harassing
phone calls, emails and/or stalking.
Being obsessed with one's job and having no known outside threats.
Being a loner and/or expressing a strong desire for a personal or romantic relationship with a co-
worker. Under these circumstances, the co-worker may feel threatened and report the unwanted
attention.
• Obsession with weapons or militia, particularly if this is new behavior for an employee or
volunteer.
• Feeling constantly disrespected, demonstrating a "me versus the world" attitude. Experiencing
difficulty with authority, for example feeling discriminated against, harassed, or intentionally
targeted. Does not accept criticism well and commonly harbors resentment.
• Expressing desperation, significant frustration or depression over recent professional, personal,
or financial problems.
• Fascination with other recent incidents of violence and approval of the use of violence.
July 2012 City of Lake Elmo Page 43
Disregard for safety, thus presenting a risk to self and others.
Demonstrates a lack of conscience and/or abuse towards other persons or animals.
Vandalism or property damage.
Failing to acknowledge the feelings or rights of others.
Having been a victim of violence or bullying.
All acts of, or threats of violence will be thoroughly investigated and disciplinary action and/or legal
prosecution to the fullest extent possible will be pursued against employees, and non -employees for
violating this policy.
Whatto do:
If you witness a potentially violent situation, or are dealing with a threatening or violent person do not
place yourself in danger or try to intercede. You should not attempt to challenge or disarm the individual.
Tips proven to be effective in this type of situation are as follows:
• Try to remain calm;
Keep a distance of 4-6 feet;
• Do not touch the threatening or violent individual;
• Make constant eye contact, but do not try to "stare them down";
• Actively listen and respond to the individual;
• If a supervisor or other appropriate authority can be safely notified of the need for assistance
without endangering your safety of that of others, do so. Otherwise, cooperate and follow the
instructions given. Please see reporting procedures below.
leporting Procedure
All threats of (or actual) violence, both direct and indirect, MUST be reported as soon as possible to your
immediate supervisor, Department Head, Clerk/HR Director, or City Administrator. Employees are
empowered to contact the appropriate law enforcement authorities without first informing their
immediate supervisor if there is a reasonable belief that immediate danger to their own safety or of
others exists. Employees shall then immediately report to their supervisor or others in the chain of
command.
A reportable incident can be an act or threat from employees, as well as other members of the public and
includes those threats or acts that may be perceived, actually experience or witnessed. When reporting
an act or threat of violence, you should be as specific and detailed as possible. Employees must also
report all threats or violent acts they witness or experience while on duty away from the City of Lake
Elmo premises or during any City of Lake Elmo -related activity, or which related to the employee or
legitimate business interest of the City of Lake Elmo.
The identity of the individual making a report will be protected as much as is practical. In order to
maintain workplace safety and integrity of its investigation, the City of Lake Elmo may suspend
employees suspected of violence or threats of violence, either with or without pay, pending investigation.
In no instance will an employee be disciplined, retaliated against or discharged for good faith reporting of
any legitimate act or threat of violence. Anyone reasonably believed to have engaged in retaliation of any
kind will be subject to disciplinary action up to and including termination of employment and/or
irosecution for any criminal behavior linked to retaliatory activity. False or intentionally misleading
reports are unacceptable and will be handled through City personnel procedures regarding disciplinary
measures up to and including employment termination when appropriate.
July 2012 City of Lake Elmo Page 44
INVESTIGATING ALLEGED MISCONDUCT AND PERFORMANCE PROBLEMS
A prompt and thorough investigation is to be conducted when an employee performs below
acceptable standards or violates a work rule. This requires the Supervisor to:
1. Obtain the facts of the situation (when and how was the work quality/quantity inadequate, what
exactly occurred, where and when the events happened, who was involved, etc.). A written record
should be maintained.
2. Review the employee's personnel file (particularly prior performance evaluations and any
disciplinary record) plus other relevant documents (time sheets, labor contracts, Department
procedures, etc.).
3. Assess if the situation is caused by operational problems (failure to communicate expected
standard or work rule, unreasonably high standards, inadequate employee training, insufficient
materials or equipment, etc.).
4. Research how similar incidents in the past were handled in the Department and/or City.
5. Determine the corrective action to be taken. This action should be fair, equitable, and no more
severe than required to correct the employee performance.
i'he City will make effort to ensure that those named in a complaint, or are too closely associated with
those involved in the complaint; will not be part of the investigative team or efforts.
The City of Lake Elmo can, at its discretion, utilize a neutral third -party investigator to address all
workplace allegations.
You are not required to directly confront any persons who are the source of your problem or question or
closely associated with the person who is the source of the problem or question. Instead, you are strongly
encouraged to openly and honestly discuss the situation directly with your Department Head, Clerk/HR
Director, or City Administrator. You are required to make a reasonable effort to bring forward any
allegations of work -related problems or wrongdoing so the City my stop such wrongdoing and prevent
future occurrences.
EMPLOYEE RECRUITMENT & SELECTION
Scope
The City Administrator or a designee will manage the hiring process for positions within the City. While
the hiring process may be coordinated by staff, the City Council is responsible for the final hiring decision
and must approval all hires to City employment. All hires will be made according to merit and fitness
related to the position being filled.
Features of the Recruitment System
1.1Y I I 4111 IJ
July 2012 City of Lake Elmo Page 45
The City Administrator or designee will determine if a vacancy will be filled through an open recruitment
or by promotion, transfer or some other method. This determination will be made on a case -by -case
)asis. The majority of position vacancies will be filled through an open recruitment process.
Application for employment will generally be made on application forms provided by the City. Other
materials in lieu of a formal application may be accepted in certain recruitment situations as determined
by the City Administrator or designee. Supplemental questionnaires may be required in certain
situations. All candidates must complete and submit the required application materials by the posted
deadline, in order to be considered for the position. The deadline for application may be extended by the
City Administrator.
Position vacancies may be filled on an "acting" basis as needed. The City Council will approve all acting
appointments. Pay rate adjustments, if any, will be determined by the City Council.
Testing_and Examinations
Applicant qualifications will be evaluated in one or more of the following ways: training and experience
rating; written test; oral test or interview; performance or demonstrative test; physical agility test, or
other appropriate job -related exam.
Internal recruitments will be open to any City employee who: (1) has successfully completed the initial
training period; (2) meets the minimum qualifications for the vacant position; and (3) currently is and for
the past year has been in good standing with the City.
:he City Council or designee will establish minimum qualifications for each position with input from the
appropriate supervisor. To be eligible to participate in the selection process a candidate must meet the
minimum qualifications.
Pre-Emplownent Medical Exams
The City Administrator or designee may determine that a pre -employment medical examination, which
may include a psychological evaluation, is necessary to determine fitness to perform the essential
functions of any City position. Where a medical examination is required, an offer of employment is
contingent upon successful completion of the medical exam.
When a pre -employment medical exam is required, it will be required for all candidates who are finalists
and/or who are offered employment for a given job class. Information obtained from the medical exam
will be treated as confidential medical records.
When required, the medical exam will be conducted by a licensed physician designated by the City with
the cost of the exam paid by the City. (psychological/psychiatric exams will be conducted by a licensed
psychologist or psychiatrist.) The physician will notify the City Administrator or designee that a
candidate either is nor isn't medically able to perform the essential functions of the job, with or without
accommodations and whether the candidate passed a drug test, if applicable. If the candidate requires
accommodation to perform one or more of the essential functions of the job, the City Administrator or
designee will confer with the physician and candidate regarding reasonable and acceptable
accommodations.
July 2012 City of Lake Elmo Page 46
If a candidate is rejected for employment based on the results of the medical exam, he/she will be
notified for this determination.
Selection Process
The selection process will be a cooperative effort between the City Administrator or designee and the
hiring supervisor, subject to final hiring approval of the City Council. Any, all or none of the candidates
may be interviewed.
The process for hiring seasonal and temporary employees may be delegated to the appropriate
supervisor with each hire subject to final City Council approval. Except where prohibited by law,
seasonal and temporary employees may be terminated by the supervisor at any time, subject to City
Council approval.
Background Checks
All finalists for employment with the City will be subject to a background check to confirm information
submitted as part of application materials and to assist in determining the candidate's suitability for the
position. Except where already defined by state law, the City Administrator will determine the level of
background check to be conducted based on the position being filled.
Training Period
The training period is an integral part of the selection process and will be used for the purpose of
ibserving the employee's work and for training the employee in work expectations. Training periods
apply to new hires, transfers, promotions and rehires. Training periods are six months in duration.
DISCIPLINARY ACTIONS
Disciplinary actions include the following; Oral Reprimand, Written Reprimand, Extension of Orientation,
thirty (30) day Disciplinary Probation, Demotion, Suspension, Discharge, or a combination of any of the
above.
Procedures For Progressive Disciplinary Actions
The following are procedures which may be implemented for progressive disciplinary actions. There is
no requirement that all or any of these procedures be used in connection with any disciplinary action and.
they are not an exclusive statement of actions:
1. Oral Reprimand - Formal or informal interview between the employee and the Department Head
and/or Administrator. This must always be private. Oral Reprimands will be documented in the
employee's personnel file, with a copy provided to the employee.
2. Written Reprimand - Must be presented to the employee and discussed between the employee
and their Department Head. The employee must affix a signature to the Written Reprimand
before it is placed in the personnel file.
,,WW,IdumdiA45,111M11411,11,11.1,1110.4.1511.1....Ai.11.4.1.11.31..14.4.,41,1012,104,11,.4.44,1,446.11,14.M11111,64.1:1111,u511141a....Milikl11.111..1,4416..........1111.4,14.4M,ULaw.116,..a..1,6411.11414,41..4,114,44.4.46111,414.1.61,11.01,1441411,1.,..41.4,14,14,6,4111.11,1MAI.i.lualMia:1411.,10.1i6.10.1.114...
July 2012 City of Lake Elmo Page 47
3. Extension of Probation - This must be explained on the Performance Evaluation completed at the
time the orientation period is scheduled to end. Extension will not exceed six (6) months. This
must be approved by the City Administrator and signed by the employee.
4. Thirty Day Disciplinary Probation - This is a "last chance" period for an employee to correct a
pattern of continuing recurring or frequent violations. This action will be subject to a
Performance Evaluation. The notification must be provided to the employee in writing and
approved by the City Administrator. If the specific behavior or problem is not corrected or
reoccurs within the thirty (30) day period, harsher disciplinary actions will be undertaken.
5. Demotion or Transfer - An employee may be demoted for work performance falling below the
established standards. The employee must be demoted to a position for which they qualify.
Written notice must be given to the employee at least five (5) working days in advance of the
effective date of the demotion. All demotions must be approved by the City Administrator. All
demotions will be subject to a Performance Evaluation.
6. Suspension
a. Disciplinary Suspension - Employees may be suspended without pay for up -to thirty (30)
calendar days for disciplinary reasons. Notice must be given to the employee in writing from
the Department Head with the approval of the City Administrator. Employees must be put on
Administrative Suspension (below) for five (5) working days pending investigation prior to a
disciplinary suspension.
b. Administrative Suspension - When an employee is subject to a disciplinary suspension or
discharge they must first be placed on administrative suspension for five (5) working days
pending investigation (without pay). Notice must be given in writing from the Department
Head with the approval of the City Administrator. Investigations, at a minimum, must include
a Performance Evaluation and evaluation of statements submitted by any concerned party
(public complainants, Supervisor, other employees and/or witnesses). The result of the
investigation and the action to be taken must be prepared in writing and provided to the
employee before the end of the five (5) day suspension. If the investigation clears the
employee of the charges, they will receive retroactive pay for the period of suspension and all
references to the incident will be removed from the employee's personnel file.
In situations of misconduct where it is deemed necessary to remove the employee immediately
from the situation (work site), they may be suspended by oral command of the Department
Head, or the City Administrator. Suspensions of this type will be with pay and limited to the
remainder of the employee's current shift. If the action was taken by someone other than the
Department Head, that person must provide a written report of the incident to the Department
Head (s), (in their absence to the City Administrator), no later than 8:00 a.m. the following
work day. The Department Head or Administrator must make a decision on further
investigation or disciplinary action to be taken and inform the employee of their decision no
later than 4:00 p.m. that following workday.
7. Discharge/Dismissal - An employee may be discharged for major conduct violation, repetition of
minor conduct violations, or for work performance falling below the established standards. Notice
must be given to the employee in writing. The employee must be suspended for five (5) working
July 2012 City of Lake Elmo Page 48
days pending investigation (see Administrative Suspension), which will include notice of the
charges to the employee. The City Administrator must approve discharges.
Refusal To Sign A Disciplinary Action
Every employee has the right to refuse to sign a disciplinary action. Grievance Procedure
Any dispute between an employee and the City relative to the application, meaning or interpretation of
these personnel policies will be settled in the following manner:
Ste 1: The employee must present the grievance in writing, stating the nature of the grievance, the facts
on which it is based, the provision or provisions of the personnel policies allegedly violated and the
remedy requested, to the proper supervisor within twenty-one (21) days after the alleged violation or
dispute has occurred. The supervisor will respond to the employee in writing within seven (7) calendar
days.
Step 2: If the grievance has not been settled in accordance with Step 1, it must be presented in writing,
stating the nature of the grievance, the facts on which it is based, the provision or provisions of the
Personnel Policies allegedly violated, and the remedy requested, by the employee to the City
Administrator within seven (7) days after the supervisor's response is due. The City Administrator or
his/her designee will respond to the employee in writing within seven (7) calendar days. The decision of
the City Administrator is final.
Naiver
If a grievance is not presented within the time limits set forth above, it will be considered "waived." If a
grievance is not appealed to the next step in the specified time limit or any agreed extension thereof, it
will be considered settled on the basis of the City's last answer. lithe City does not answer a grievance or
an appeal within the specified time limits, the employee may elect to treat the grievance as denied at that
step and immediately appeal the grievance to the next step. The time limit in each step may be extended
by mutual agreement of the City and the employee without prejudice to either party.
The following actions are not grievable:
1. Performance evaluations;
2. Pay increases or lack thereof; and
3. Merit pay awards.
The above list is not meant to be all inclusive or exhaustive.
EMPLO ENT TERMINATION
Below are examples of common circumstances under which employment is terminated.
RESIGNATION Employment termination initiated by an employee who chooses to
leave the City of Lake Elmo voluntarily. If you intend on terminating
July 2012 City of Lake Elmo Page 49
employment with us, we ask that you put your resignation in writing
and provide at least two (2) weeks' notice. Unused accrued vacation
time will be paid.
DISCHARGE Involuntary employment termination initiated by the City of Lake Elmo
for disciplinary reasons. Unused accrued vacation time will be paid.
RELEASES AND Involuntary employment termination initiated by the City of Lake Elmo
LAYOFFS for non -disciplinary reasons. Unused accrued vacation time will be
paid.
MEDICAL Employment termination initiated by the employee or by the City of
TERMINATION Lake Elmo when an employee is unable, for health reasons, to continue
to work and perform the essential functions of the job, Unused accrued
vacation time will be paid.
RETIREMENT Voluntary retirement from active employment status initiated by the
employee. Unused accrued vacation time will be paid.
JOB ABANDONMENT No -call, no-show, or other failure to report to work.
The City of Lake Elmo has the right to terminate an employee at any time for any reason, except those
prohibited by law, with or without cause. If you have used any unearned vacation prior to your
termination, the amount of the vacation will be deducted from your final paycheck.
111 of your employee benefits will be affected by employment termination. Health insurance coverage, at
our rates, may be continued at your expense as specified by COBRA. You will be notified in writing of the
terms, conditions, limitations, and costs associated with continuation coverage. Please ask your
Department Head(s) if you have any questions.
When an employee leaves the City of Lake Elmo, whether their separation is voluntary or involuntary, the
employee will be required to participate in an exit interview with the Department Head and City
Clerk/HR Director to further understand the reasons for leaving. Any property of the City of Lake Elmo in
your possession at termination must be returned to your immediate Department Head(s) no later than
your last day of work. A forwarding address must be furnished so we can send you a W-2 at year-end.
SEPARATION FROM SERVICE
Resignations
Employees wishing to leave the City service in good standing must provide a written resignation notice to
their supervisor, at least ten (10) working days before leaving. Exempt employees must give thirty (30)
calendar days notice. The written resignation must state the effective date of the employee's resignation.
Failure to comply with this procedure may be cause for denying the employee's severance pay and any
future employment with the City.
Severance Pay
employees who leave the employ of the City in good standing by retirement or resignation will receive
pay for 100% of unused accrued vacation (annual leave).
July 2012 City of Lake Elmo Page 50
EMPLOYEE ACKNOWLEDGMENT FORM
understand this employee handbook describes important information about employment at the City of
Lake Elmo and I should consult the City Administrator regarding any questions not answered in this
handbook.
I understand the copy of the handbook 1 receive as noted on the date below supersedes all other
employee handbooks or employment policies and practices that may have been in use prior to this
edition. Since provisions of this handbook are subject to change, 1 further understand revisions to it may
supersede or eliminate one or more existing policies and/or benefits and all such changes will be
communicated through official notices.
I acknowledge this handbook is neither a contract of employment nor a legal document. 1 have received,
read, and understand the policies contained in this handbook and will read any revisions made to it in the
future.
1 understand the City reserves the right to access, monitor, and retrieve emails, voicemails, computer
files, internet records and other information contained on or within the City's computer system at any
time at the City's sole discretion.
I understand the personnel policies prohibiting workplace wrongdoing and the corresponding reporting
procedures.
I understand how to report workplace wrongdoing and that there are several avenues of internal
,:omplaint available.
The City has provided me with the names of the individuals to contact within the organization that are
designated to respond to allegations of wrongdoing.
1 understand the City reserves the right to utilize an outside third -party investigator to address
allegations of workplace wrongdoing or otherwise help resolve employee relations problems or disputes.
Should my employment with the City of Lake Elmo end, 1 will return this handbook (and any copies
and/or updates to it) and any other property of the City of Lake Elmo in my possession to my immediate
Department Head no later than my last day of work.
Employee's Signature Date
Employee's Name (typed or printed)
Department Head's Signature Date
July 2012 City of Lake Elmo Page 51
This page has been left blank intentionally.
July 2012 City of Lake Elmo Page 52
APPEND IX A
XIV. IP 's PRIVACY 'ULE POLICIES AND PROCEDURES
Purpose:
The purpose of this document is to educate, and identify the need to formally create and
implement policies and procedures for the City of Lake Elmo and other appropriate
workforce staff, regarding Health Insurance Portability and Accountability Act (HIPAA)
Privacy Rules.
General Policy:
A. In compliance with Sec. 164.530(i) (1)-(3) of HIPAA's Privacy Rules, the City of Lake
Elmo will create and implement policies and procedures with respect to Protected
Health Information (PHI) that are designed to comply with the standards,
implementation specification, or other requirements of HIPAA's Privacy Rules. The
policies and procedures will be reasonably designed, taking into account the size of and
the type of activities that relate to PHI undertaken by the City of Lake Elmo, to ensure
compliance. This standard will not be interpreted to permit or excuse an action that
violates any other standard, implementation specification, or other requirement of
HIPAA's Privacy Rules.
B. Regarding changes to the City of Lake Elmo's group health plan policies and procedures:
The City of Lake Elmo will change its policies and procedures as necessary and
appropriate to comply with changes in the law, including the standards,
requirements, and implementation specifications of HIPAA's Privacy Rules.
2. When the City of Lake Elmo changes a privacy practice that is stated in the Notice
(see Sec. 164.520 of HIPAA's Privacy Rules), and makes corresponding changes to
its policies and procedures, it may make the changes effective for PHI that it
created or received prior to the effective date of the Notice revision, as the City of
Lake Elmo has, in accordance with Sec. 164.520(b)(1)(v)(C) of HIPAA's Privacy
Rules, included in the Notice a statement reserving its right to make such a change
in its privacy practices; or the City of Lake Elmo may make any other changes to
policies and procedures at any time, provided that the changes are documented
and implemented in accordance with HIPAA's Privacy Rules.
May 2012 City of Lake Elmo Appendix A -1
C. The following HIPAA Privacy related policies and procedures are attached to this
company policy as appendixes:
I. Administrative. Technical and Physical Safeguards
II. Workforce Training
III. Individual Rights under HIPAA
IV. Business Associates
V. Uses & Disclosures for which an Authorization Form is Required
VI. Minimum Necessary Standard
VII. Accounting of Disclosures
VIII. Notice of Privacy Practices
IX. Complaint Process
X. Mitigation
XI. Workforce Sanctions
Changes in Law.
Whenever there is a change in the law that necessitates a change to the City of Lake Elmo's
policies or procedures, the City of Lake Elmo will promptly document and implement the
revised policy or procedure. If the change in law materially affects the content of the
Notice required by Sec. 164.520 of HIPAA's Privacy Rules, the City of Lake Elmo will
promptly make the appropriate revisions to the Notice in accordance with Sec.
164.520(b)(3) of HIPAA's Privacy Rules.
Documentation Requirement.
The City of Lake Elmo must retain the HIPAA Privacy policies and procedures in written or
electronic form and will be retained for six years from the date of its creation or the date
when it last was in effect, whichever is later, as required by Sec. 164.530(j)(2).
Approved By Plan Sponsor/Administrator.
By:
Job Title:
Date:
May 2012 City of Lake Elmo Appendix A -2
HIPAA's Privacy Rule: Appendix 1
Administrative. Technical and Physical Safeguards
Purpose:
The purpose of this document is to outline and educate City of Lake Elmo Employees and
other appropriate workforce staff, about the procedures and policies needed to comply
with the administrative requirement relating to "safeguards" (164.530(c)(1) and
164.504(f)(2)(iii)) with the privacy rule under the Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
Policy:
The City of Lake Elmo must have in place appropriate administrative, technical and
physical safeguards to protect the privacy of plan member protected health information.
The City of Lake Elmo must reasonably safeguard protected health information from any
intentional or unintentional use or disclosure that is in violation of the standards,
implementation specifications or other requires under HIPAA's Privacy Rules.
The City of Lake Elmo is required to reasonably safeguard protected health information to
limit incidental uses or disclosures made pursuant to an otherwise permitted or required
use or disclosure of plan member PHI.
As is outlined in the preamble to the Privacy Regulations, and is combined with this
safeguards policy and procedure, this policy and procedures shall work in combination
with the City of Lake Elmo's Minimum Necessary policy and procedures documents.
Proper procedures:
"Safeguarding" the City of Lake Elmo's plan member protected health information includes
the following required administrative procedures:
Documents containing plan member PHI (i.e., renewal reports, copies of EOB's etc.)
be shredded when no longer necessary and prior to disposal;
Requiring that doors to plan member PHI (or file cabinets housing such records)
remain locked and limiting which personnel are authorized to have the key or
password.
Discussions with plan participants should be conducted in a place and manner in
which overhearing the discussion by others will not occur.
Email transmissions of plan member PHI should be confidential and the proper
encryption applied.
Ensure that plan member protected health information is not visible at locations not
under secured settings within the Employee Benefits Department.
PHI that is located on computers soon to be discarded should have hard drives
cleared of all data.
May 2012 City of Lake Elmo Appendix A -3
Any plan member PHI that is lost or missing from respective areas be reported
immediately to the Privacy Officer for proper mitigation efforts.
Any plan member PHI held by a terminated Business Associate, should be requested
by applicable employee benefit staff that all plan member PHI be returned to the
City of Lake Elmo if feasible.
Other processes could be instituted as determined by the City of Lake Elmo's
Privacy Officer.
Providing Adequate Separation between the gnaw health plan & the Plan Sponsor:
The Privacy Rules under 164.504(0(2) (iii) stipulates that employers like the City of Lake
Elmo must build "fire -walls" around those members of its staff involved in plan
operations. The fire -walls are intended to ensure that employee health data is not used for
employment -related actions, such as hiring, firing or promotion, or for decision -making in
connection with other employee benefit plans, such as life insurance or long-term disability
coverage.
It is understood at the writing of this policy and procedure, that fire -walls mean a set of
procedures and rules that prohibit employees who work in one Department from
disclosing certain information to employees in another Department.
The Employee Benefit Department and other applicable staff as documented below shall
secure and safeguard at all times, plan member PHI from other Departments within the
City of Lake Elmo.
Administration
Public Works
Water and Sewer Department
Engineering Department
Park and Recreation Department
At any time that an individual or Department as mentioned above, believes that plan
member PHI has been used inappropriately (it has been used in an employment related
action), the Privacy Officer shall be immediately notified and mitigation procedures
initiated immediately. Other applicable policies and procedures related to the use or
disclosure of protected health information should be reviewed for possible administration
processing and necessary.
May 2012 City of Lake Elmo Appendix A -4
HIPAA's Privacy Rule: Appendix II
Workforce Training
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo employees
and other appropriate workforce staff, about HIPAA's Privacy Rules' requirement for
workforce training, and to create a policy which the City of Lake Elmo will follow in order
to fully comply with the requirement.
Policy:
Sec. 164.530(2)(i)-(ii) of HIPAA's Privacy Rules creates an administrative requirement to
implement privacy training for the City of Lake Elmo.
Specifically, the City of Lake Elmo will provide training:
To each member of the City of Lake Elmo's workforce (defined by Sec. 160.103 of
HIPAA's Privacy Rules as: employees, volunteers, trainees, and other persons whose
conduct, in the performance of work for the City of Lake Elmo Health Plan, is under
the direct control of the City of Lake Elmo, whether or not they are paid by the City
of Lake Elmo) by no later than April 14, 2004.
After April 14, 2004, each new member of the City of Lake Elmo's workforce will be
trained within a reasonable period of time after the person joins the workforce
(associated with the City of Lake Elmo's Group Health Plan). Such training will be a
part of their initial training.
Each member of the City of Lake Elmo's workforce who change positions, as relates
to health plan functions, will be trained within a reasonable period of time after
such change. Such training will be a part of their initial training relative to the
change in positions.
Each member of the City of Lake Elmo's workforce whose health plan functions are
affected by a material change in the policies or procedures the City of Lake Elmo
implements to comply with HIPAA's Privacy Rules will be trained regarding such
change within a reasonable period of time after the material change becomes
effective.
Documentation Reouirement:
The City of Lake Elmo will document that the training referenced above has been provided.
Such documentation will be maintained by the Privacy Officer for a period of six (6) years,
as required by Sec. 164.5300)(2) of HIPAA's Privacy Rules.
Training Material:
PowerPoint training material has been developed and will be used to train applicable staff
on the policies and procedures the City of Lake Elmo has put into place to comply with
May 2012 City of Lake Elmo Appendix A -5
HIPAA's Privacy Rule. Training material shall be revised by the Privacy Officer at any time
the regulations and/or state requirements are revised.
HIPAA's Privacy Rule: Appendix III
Individual Rights under HIPAA
FIRST RIGHT: Right of An Individual To Inspect & Copy Protected Health Information
(PHI)
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
appropriate workforce staff about the procedures and policies needed to comply with the
right of an individual to inspect and copy his or her PHI (164.524-Access of individuals to
protected health information) as required by the Privacy Rule under the Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
The City of Lake Elmo is committed to ensuring compliance with all HIPAA required rules
and regulations including the right of a plan member to inspect and copy his or her plan
member PHI in a designated record set held by the group health plan. This right to inspect
and copy PHI is available to plan members for as long as the plan member's PHI is
maintained by the City of Lake Elmo Group Health Plan and in compliance with other
HIPAA required rules and regulations that may apply.
Definitions:
Designated Record Set: for health plans at a minimum (per review of Fed. Reg. 82489)
designated record set shall include the enrollment, payment, claims adjudication and case
or medical management record systems of the plan.
The City of Lake Elmo must decide what makes up the designated record set, document
that determination in this policy and procedure and establish procedures as outlined below
for handling requests for access.
Procedures:
To Grant or Not -Grant Access to Plan Member PHI when Requested
Right of Access to PHI:
An individual covered under the City of Lake Elmo Group Health Plan has the right to
access his or her PHI, except (per review of 164.524(a)(1) of the Privacy Rule) in any one of
the following circumstances apply:
• Psychotherapy notes;
• Information compiled in anticipation of, or use in, a civil, criminal or administrative
action or proceeding; and
May 2012 City of Lake Elmo Appendix A -6
PHI maintained by the group health plan that is 1) subject to the Clinical Laboratory
Amendments of 1988; or 2) exempt from the Clinical Laboratory Improvements
Amendments of 1988 (forensic testing, research laboratories that test human
specimens, drug testing that is conducted by the National Institutes on Drug Abuse).
In any of the above situations, the group health plan may deny any individual access
without allowing the individual the opportunity for review of PHI.
All group health plan workforce staff must ask the individual requesting the access of
individual PHI, whether any of the above mentioned circumstances apply.
Unreviewable Grounds for Denial of Access to PHI:
In addition to the above, the group health plan may deny a plan member access to his or
her information without providing an opportunity for review in the following
circumstances:
• The PHI is exempted from the right of access as the PHI is not maintained in a
designated record set maintained by the group health plan.
A covered entity that is a correctional institution or a health care provider acting
under the direction of the correctional institution may deny, in whole or in part, an
inmate's request to obtain a copy of PHI, if obtaining such copy would jeopardize the
health, safety, security, custody, or rehabilitation of the individual or of other
inmates, or the safety of any officer, employee, or other person at the correctional
institution or responsible for the transporting of the inmate.
The plan member, when consenting to participate in research that includes
treatment, agreed to temporary denial of access to PH[ created or obtained by a
health care provide in the course of research, and the research is not yet complete.
The plan member is requesting records that are subject to the Privacy Act of 1974
(This Act prohibits disclosures of records contained in a system of records
maintained by a federal agency or its contractors).
The plan member is requesting PHI which was obtained from someone other than a
health care provider under a promise of confidentiality and access would likely
reveal the source of the information.
Reviewable Grounds for Denial of PHI:
Individual access may be denied, however plan members must be given a right to have
denials reviewed, in the following situations:
• A licensed healthcare professional has determined that the access is likely to
endanger the life or physical safety of the individual or another person;
The PHI requested by the plan member makes reference to another person who is
not a health care provider, and a licensed health care professional has determined
that the request for access is likely to cause substantial harm to such other person;
or
The request for access is made by a plan member's personal representative and a
licensed healthcare professional has determined that access is reasonably likely to
May 2012 City of Lake Elmo Appendix A -7
cause substantial harm to the individual or another person.
Steps to take should Access of Plan Member PHI be Granted to the Individual
1. Request of the plan member to have access to PHI should be made in writing.
Written documentation should be maintained by the Privacy Officer.
2. The group health plan must take action within 30 days after receipt of the request
when PHI is on -site and within 60 days when the PHI is off site. One 30 day
additional extension is allowed for under the privacy rules. This is allowed only if
the group health plan provides the plan member with a written statement of the
reasons for the delay and the date by which the access request will be processed.
3. The City of Lake Elmo must provide the individual with access to the PHI in the form
or format requested by the individual, if it is readily producible in such form or
format; or if not, in a readable hard copy of such other form or format as agreed to
by the City of Lake Elmo and the individual. The City of Lake Elmo may provide the
individual with a summary of PHI requested, in lieu of providing access to the PHI or
may provide an explanation of the PHI to which access has been provided, if: a) the
individual agrees in advance to such a summary or explanation; and b) the
individual agrees in advance to the fees imposed, if any, by the City of Lake Elmo for
such summary of explanation.
Fees charged by the City of Lake Elmo for access to PHI
A reasonable, cost -based fee may be imposed to the individual provided that the fee
includes only the cost of copying, including the cost of supplies for and labor of
copying
Postage, when the individual has requests the information be mailed.
A reasonable, cost -based fee may be imposed for the preparing of an explanation or
summary of the PHI, if agreed to by the individual.
Steps to take should Access of Plan Member PHI NOT be Granted
Should request for access be denied, a written denial of such request must be
forwarded to the plan member. The written denial must contain the following
information:
1. Reason for the denial in plan language
2. A statement of the plan member's right for review of denial (unless HIPAA
privacy rules deny right for review as outlined above)
3. A description of how the plan member may complain to the City of Lake Elmo or
to the Secretary of Health & Human Resources. The description must include the
name, title and telephone number of the contact person at the City of Lake Elmo
Other Responsibilities
May 2012 City of Lake Elmo Appendix A -8
If access is denied because the group health plan doesn't maintain the PHI being requested
by the plan member, the letter must inform the plan member where to the appropriately
request the information.
If the plan member requests a review of the original denial for access to PHI, the City of
Lake Elmo should direct the request for re -review to appropriate legal professional for
handling.
Documentation Requirements
The City of Lake Elmo must document the following and retain for documentation for six
years:
1. The designated record sets that are subject to access by individuals; and
2. The titles of the persons or offices responsible for receiving and processing requests
for access by individuals.
SECOND RIGHT: Right of an Individual to Amend Protected Health Information
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
appropriate workforce staff, about the procedures and policies needed to comply with the
right of an individual to amend his or her PHI (164.526) if so requested by a plan member.
This policy and procedure is created, initiated and administered as required by the privacy
rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Definition:
Designated record set - the health plan must document and retain the designated record
sets subject to access, and the titles of person or offices responsible for receiving and
processing requests for access. Please see related information attached to this policy and
procedure. [The City of Lake Elmo will need to identify and document all PHI held in a
designated record set as defined by 164.501 under the privacy rule. Once identified, a list of
record sets and individuals responsible for processing PHI access should be attached to this
completed policy and procedure, for future reference by workforce staff Per Fed. Reg. 82489
'for health plans, designated record set include, at a minimum the enrollment, payment,
claims adjudication and case or medical management records systems of the plan.]
The City of Lake Elmo must decide what makes up the designated record set, document
that determination in this policy and procedure and establish procedures as outlined below
for handling requests for access.
Procedures:
May 2012 City of Lake Elmo Appendix A -9
Right to Amend PHI.
An individual has the right to have the City of Lake Elmo amend protected health
information or a record about the individual in a designated record set for as long as the
protected health information is maintained in the designated record set.
May 2012 City of Lake Elmo Appendix A -10
Denial of Amendment to Individual PHI.
The City of Lake Elmo may deny an individual's request for amendment, if it determines
that the protected health information or record that is the subject of the request:
Was not created by the City of Lake Elmo's Group Health Plan unless the individual
provides a reasonable basis to believe that the originator of protected health information is
no longer available to act on the requested amendment;
Is not part of the designated record set;
Would not be available for inspection under § 164.524 (Access of individuals to
protected health information); or
Is accurate and complete.
Requests for Amendment of PHI & Timely Action Need.
The City of Lake Elmo must permit an individual to request that the City of Lake Elmo
amend the protected health information maintained in the designated record set. The City
of Lake Elmo may require individuals to make requests for amendment in writing and to
provide a reason to support a requested amendment, provided that it informs individuals
in advance of such requirements.
The City of Lake Elmo must act on the individual's request for an amendment no later than
60 days after receipt of such a request, as follows.
If the City of Lake Elmo grants the requested amendment, in whole or in part, it
must take the actions required by the Accepting the Request to Amend PHI
paragraphs below.
If the City of Lake Elmo denies the requested amendment, in whole or in part, it
must provide the individual with a written denial as outlined later in this policy.
If the City of Lake Elmo is unable to act on the amendment request within the 60 day time
period, the City of Lake Elmo may extend the time for such action by no more than 30 days,
provided that:
Within 60 days, the City of Lake Elmo provides the individual with a written
statement of the reasons for the delay and the date by which the City of Lake Elmo
will complete its action on the request; and
The City of Lake Elmo may have only one such extension of time for action on a request for
an amendment.
walmo..61,1,11,61,1116111,1.1,114114.1.6.611111.1.411i.1.66,64,141,1M1111,11.1.1mwwawam.A1U1,16alligia.4..,ikolomm.114,1101,1.414,1611nilkUlY4.41.1,11,1411od,k.MW.1,1,11.W11111.11,1,,mi.11.11.1AMMIMLIP.W.o,11.44.11,1111111111.1oliA,1111111111114,14.1....1,11,111,111,41,4R.,,,,,..41.4mul.
May 2012 City of Lake Elmo Appendix A -11
Accepting the Request to Amend PHI
If the City of Lake Elmo accepts the requested amendment, in whole or in part, the City of
Lake Elmo must do the following:
The City of Lake Elmo must make the appropriate amendment to the protected
health information or record that is the subject of the request for amendment by, at
a minimum, identifying the records in the designated record set that are affected by
the amendment and appending or otherwise providing a link to the location of the
amendment.
The City of Lake Elmo must inform the individual that the amendment is accepted
and obtain the individual's identification of and agreement to have the City of Lake
Elmo notify the relevant persons with which the amendment needs to be shared as
outlined directly below.
Informing Others of an Amendment of Plan Member PHI
The City of Lake Elmo must make reasonable efforts to inform and provide the amendment
within a reasonable time to:
Any persons identified by the individual as having received protected health
information about the individual and needing the amendment; and
Any persons, including business associates, that the City of Lake Elmo knows have
the protected health information that is the subject of the amendment and that may
have relied, or could foreseeably rely, on such information to the detriment of the
individual.
Denying a Request to Amend PHI:
If the City of Lake Elmo denies the requested amendment, in whole or in part, the following
steps must be taken:
Provide the individual with a timely, written denial. The denial must use plain
language and contain:
1. The basis for the denial,
2. The individual's right to submit a written statement disagreeing with the denial
and how the individual may file such a statement;
3. A statement that, if the individual does not submit a statement of disagreement,
the individual may request that the City of Lake Elmo provide the individual's
request for amendment and the denial with any future disclosures of the
protected health information that is the subject of the amendment; and
4. A description of how the individual may complain to the City of Lake Elmo
Privacy Officer pursuant to the complaint policy and procedure or to the
May 2012 City of Lake Elmo Appendix A -12
Secretary of Health & Human Services. The description must include the name,
or title, and telephone number of the City of Lake Elmo's contact person.
Statement of Disagreement:
The City of Lake Elmo must permit the individual to submit to the City of Lake Elmo a
written statement disagreeing with the denial of all or part of a requested amendment and
the basis of such disagreement. The City of Lake Elmo may reasonably limit the length of a
statement of disagreement.
The City of Lake Elmo may prepare a written rebuttal to the individual's statement of
disagreement. Whenever such a rebuttal is prepared, the City of Lake Elmo must provide a
copy to the individual who submitted the statement of disagreement.
Documentation Requirement:
The City of Lake Elmo must, as appropriate, identify the record or protected health
information in the designated record set that is the subject of the disputed amendment and
append or otherwise link the individual's request for an amendment, the City of Lake
Elmo's denial of the request, the individual's statement of disagreement, if any, and the City
of Lake Elmo's response, if any, to the designated record set.
If the City of Lake Elmo is informed by another covered entity of an amendment to an
individual's protected health information, the workforce staff will immediately ensure that
the designated record sets held by the group health plan will be appropriately amended as
outlined by the other covered entity. The City of Lake Elmo must document the titles of the
persons or offices responsible for receiving and processing requests for amendments by
individuals and retain the documentation for six (6) years.
THIRD RIGHT: Right of an Individual to Request Additional Restrictions of PHI
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
appropriate workforce staff, about the procedures and policies needed to comply with the
right of an individual to request privacy protection for PHI (164.522) if so requested by a
plan member. This policy and procedure is created, initiated and administered as required
by the privacy rule under the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
May 2012 City of Lake Elmo Appendix A -13
Policy:
Right of an, Individual to Request a Restriction of the Uses and Disclosures of PHI.
The City of Lake Elmo must permit an individual to request that the City of Lake Elmo
restrict:
Uses or disclosures of protected health information about the individual to carry out
treatment, payment, or health care operations; and
Disclosures permitted under § 164.510(b).
The Privacy rule however, does not require that the City of Lake Elmo agree to a restriction.
If the City of Lake Elmo agrees to a restriction of any use or disclosure of an individual's
PHI, The City of Lake Elmo may not use or disclose protected health information in
violation of such restriction, except that, if the individual who requested the restriction is in
need of emergency treatment and the restricted protected health information is needed to
provide the emergency treatment, the City of Lake Elmo may use the restricted protected
health information, or may disclose such information to a health care provider, to provide
such treatment to the individual.
If restricted protected health information is disclosed to a health care provider for
emergency treatment as mentioned above, the City of Lake Elmo must request that such
health care provider not further use or disclose the information.
A restriction agreed to by the City of Lake Elmo is not effective under this subpart to
prevent uses or disclosures permitted or required under §§ 164.502(a)(2)(ii) (to the
Secretary of Health and Human Services), 164.510(a) (uses and disclosures for facility
directories [hospital/physician office patient list/information] or 164.512 (uses or
disclosures made when an authorization, or opportunity to agree or object is not required).
Terminating a Previously Agreed to, Restriction of Plan Member PHI.
The City of Lake Elmo may terminate its agreement to a restriction, if:
The individual agrees to or requests the termination in writing;
The individual orally agrees to the termination and the oral agreement is
documented; or
The City of Lake Elmo informs the individual that it is terminating its agreement to a
restriction, except that such termination is only effective with respect to protected
health information created or received after it has so informed the individual.
Documentation Reauirements.
When the City of Lake Elmo agrees to a restriction, workforce staff must document the
restriction in accordance and retain such documentation for six (6) years.
May 2012 City of Lake Elmo Appendix A -1.4
Special Note Regarding Confidential communications Requests/Requirements.
The City of Lake Elmo must permit individuals to request and must accommodate
reasonable requests by individuals to receive communications of protected health
information from the health plan by alternative means or at alternative locations, if the
individual clearly states that the disclosure of all or part of that information could endanger
the individual.
The City of Lake Elmo may require the individual to make a request for a confidential
communication in writing. The City of Lake Elmo may also condition the special
accommodation on how payment, if any, will be handled; and specification of an alternative
address or other method of contact.
The City of Lake Elmo may require that a request contain a statement that disclosure of all
or part of the information to which the request pertains could endanger the individual.
May 2012 City of Lake Elmo Appendix A -15
HIPAA's Privacy Rule: Appendix IV
Business Associates
Purnose:
The purpose of this document is to outline the policy the City of Lake Elmo will implement
regarding the requirements and procedures as relates to the City of Lake Elmo's Business
Associates, as outlined by the privacy rule under the Health Insurance Portability and
Accountability Act of 1996 (HIPAA). Furthermore, the purpose of this policy is to provide
satisfactory assurances (through valid and enforceable Business Associate Contracts) from
all identified Business Associates that the Business Associate will provide appropriate
safeguards of the City of Lake Elmo's protected health information, which the City of Lake
Elmo discloses.
Policy:
General Policy Regarding Business Associates:
The City of Lake Elmo will not disclose protected health information (PHI) to any Business
Associates, who have been identified, without a valid Business Associate Contract in place
(as required and defined by HIPAA's Privacy Rules).
Identifying the City of Lake Elmo's Business Associates:
Under Sec. 160.103 of HIPAA's Privacy Rules, a Business Associate is defined as follows:
An entity or individual (other than member's of the City of Lake Elmo's workforce) who, on
behalf of the City of Lake Elmo, performs, or assists in the performance of a function or
activity involving the use or disclosure of individually identifiable health information (as
defined under Sec. 160.103 of HIPAA's Privacy Rules), including:
claims processing or administration,
data analysis, processing or administration,
• utilization review,
quality assurance,
• billing,
• benefit management,
repricing,
• legal services,
• actuarial services,
accounting services,
• consulting services,
• data aggregation services (as defined by Sec. 164.501 of HIPAA's Privacy Rules),
management services,
administrative services,
May 2012 City of Lake Elmo Appendix A -16
accreditation services,
• financial services, or
• any other function or activity regulated by HIPAA's Privacy Rules.
It is the City of Lake Elmo's policy as a Covered Entity under HIPAA's Privacy Rules to
examine current and new relationships with any entity or individual that may receive
individually identifiable health information (as defined under Sec. 160.103 of HIPAA's
Privacy Rules) to determine if such entity or individual is a Business Associate of the City of
Lake Elmo
The City of Lake Elmo will document and continue to track such Business Associates, and
will identify with who a valid Business Associate Contract has been, or will need to be,
entered into.
Policy of Having Business Associate Contracts
It is the City of Lake Elmo's policy to enter into Business Associate Contracts with all of
their identified Business Associates, and that such Business Associate Contract will comply
with Sec. 164.504 of HIPAA's Privacy Rules to the extent possible and reasonable.
Whenever practical, it is the City of Lake Elmo's policy to use the Sample Business
Associate Contract Provisions (provided in the Federal Register, Vol. 67, No. 157, p. 53264,
published August 14, 2002), amending the language as necessary to best fit the relationship
with each Business Associate. The Privacy Officer and Contact Person will have samples of
this language. The Privacy Officer will maintain copies of all signed Business Associate
Contracts.
If a Business Associate Contract is entered into that uses language other than the Sample
Business Associate Contract Provisions, the Contract will be reviewed to ensure it complies
with HIPAA's Privacy Rules by containing, at least, the following provisions and policies:
It must establish the permitted and required uses and disclosures of such
information by the business associate. The contract may not authorize the business
associate to use or further disclose the information in a manner that would violate
the requirements of HIPAA's Privacy Rules, however, the contract may (1) permit
the business associate to use and disclose protected health information (PHI) for the
proper management and administration of the business associate, and (2) permit
the business associate to provide data aggregation services relating to the health
care operations of the City of Lake Elmo
Provide that the business associate will not use or further disclose the information
other than as permitted or required by the contract or as required by law.
Provide that the business associate will use appropriate safeguards to prevent use
or disclosure of the information other than as provided for by the contract.
Provide that the business associate will report to the City of Lake Elmo any use or
disclosure of the information not provided for by the contract of which the business
associate becomes aware.
May 2012 City of Lake Elmo Appendix A -17
Provide that the business associate will ensure that any agents, including a
subcontractor, to whom the business associate provides protected health
information received from, or created or received by the business associate on
behalf of, the City of Lake Elmo agrees to the same restrictions and conditions that
apply to the business associate with respect to such information.
Provide that the business associate will make available protected health information
in accordance with Sec. 164.524 of HIPAA's Privacy Rules.
Provide that the business associate will make available protected health information
for amendment and incorporate any amendments to protected health information in
accordance with Sec. 164.526 of HIPAA's Privacy Rules.
Provide that the business associate will make available the information required to
provide an accounting of disclosures in accordance with Sec. 164.528 of HIPAA's
Privacy Rules.
Provide that the business associate will make its internal practices, books and
records relating to the use and disclosure of protected health information received
from, or created or received by the business associate on behalf of, the City of Lake
Elmo available to the Secretary of Health and Human Services (or any other officer
or employee of HHS to whom the authority involved has been delegated) for the
purposes of determining the City of Lake Elmo's compliance with HIPAA's Privacy
Rules.
Provide that the business associate will at termination of the contract, if feasible,
return or destroy all protected health information received from, or created or
received by the business associate on behalf of, the City of Lake Elmo that the
business associate still maintains in any form and retain no copies of such
information or, if such return or destruction is not feasible, extend the protections of
the contract to the information and limit further uses and disclosures to those
purposes that make the return or destruction of the information infeasible.
Authorize termination of the contract by the City of Lake Elmo, if the City of Lake
Elmo determines that the business associate has violated a material term of the
contract.
May 2012 City of Lake Elmo Appendix A -18
HIPAA's Privacy Rule: Appendix V
Uses & Disclosures for which an Authorization Form is Required
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
appropriate workforce staff, about the procedures and policies needed to comply with the
authorization for uses and disclosures requirement (164.508) of the privacy rule under the
Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Definitions:
Payment includes activities undertaken by a health care provider or health plan to obtain
or provide reimbursement for the provision of health care, including billing and collection,
review for medical necessity and utilization review.
Health Care Operations includes activities such as underwriting, premium rating, and
other activities relating to the creation, renewal or replacement of a contract of health
insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of
risk relating to claims for health care (including stop -loss insurance and excess loss
insurance). Health care operations can also mean the resolution of internal grievances,
general business management and administration of the City of Lake Elmo's group health
plan.
Policy:
General policy regarding uses and disclosures for which an authorization is
required:
Except as otherwise permitted or required by HIPAA's Privacy Rules (see below) the City of
Lake Elmo may not use or disclose protected health information without an authorization
that is valid, as determined under 164.508. When the City of Lake Elmo obtains or receives
a valid authorization for its use or disclosure of protected health information, such use or
disclosure must be consistent with such authorization.
Authorization Not Needed:
Under HIPAA's Rules, the City of Lake Elmo is not required to obtain an authorization
when protected health information is used or disclosed to:
• The City of Lake Elmo's health plan for payment or health care operations.
• A health care provider for treatment activities of the plan member.
To another covered entity or a health care provider for the payment activities of the
entity that receives the information.
May 2012 City of Lake Elmo Appendix A -19
To another covered entity for health care operation activities of the entity that
receives the information if the City of Lake Elmo and the other covered entity either
has or had a relationship with the plan member who is the subject of the protected
health information being requested, the protected health information pertains to the
current or former relationship, and the purpose for the disclosure is for: (1)
treatment, payment or health care operations purposes, or (2) for the purpose of
health care fraud and abuse detection or compliance.
Use or disclosure of PHI as specifically permitted by the Privacy Rule pursuant to an
exception.
Authorization Needed;
If a request for use or disclosure of plan member PHI does not fit any of the above
scenarios, a valid authorization form must be completed and signed by the plan member. It
is only valid until the expiration date noted on the authorization form.
Signing the authorization form is voluntary and the plan member may refuse to sign it.
The City of Lake Elmo Employee Benefit workforce staff must provide the plan member
with a copy of the signed authorization form.
Revocation of a Previously Signed Authorization Form:
A plan member under the City of Lake Elmo's health plan may revoke a previously signed
authorization form at any time, in writing.
Documentation Requirement:
Once signed, the authorization form must be retained in the Department for a period of six
(6) years after it was created or expired, whichever is later.
May 2012 City of Lake Elmo Appendix A -20
HIPAA's Privacy Rule: Appendix VI
Minimum Necessary Standard
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
appropriate workforce staff, about the procedures and policies needed to comply with the
minimum necessary standards requirement of privacy rule under the Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
General Policy:
a. The City of Lake Elmo is committed to ensuring the privacy of plan member PHI at
all times. All workforce staff, responsible for health plan operations and
administration, shall at all times make appropriate and reasonable efforts to limit
plan member PHI to the very minimum necessary to accomplish the intended
purpose.
b. Minimum necessary information shall be practiced when 'using' PHI, 'disclosing' PHI
and/or requesting plan member PHI from another covered entity.
c. If at all possible, workforce staff will attempt to determine whether summary health
information could satisfy the disclosure or request for disclosure of PHI.
d. All identified workforce shall be trained on this policy and procedure. This policy
and procedure shall also be revisited to appropriate workforce staff at times and
intervals determined by the Privacy Officer. All training should be documented by
the Privacy Officer.
Application of the Minimum Necessary Standard:
Outlined below are the specific titles and classes of individuals in the City of Lake Elmo's
workforce who will require access to plan member PHI to carry out job duties and
responsibilities. Also specified below are the categories of PHI needed. If applicable,
specific condition requirements are mentioned should certain individual's have limitations
to such access of plan member PHI.
May 2012 City of Lake Elmo Appendix A -21
Job
Description /Class
of Individuals
Clerk/Director of
Human Resources
Deputy
Clerk/Treasurer
Finance Director
Auditors
Categories of PHI
Claims/prescriptions submitted for
reimbursement, claims repricing, stop
loss related, contribution and plan
financial arrangements, any
health/dental claims, flex benefit claims
or reimbursements and any Employee
Assistance program records.
Claims/prescriptions submitted for
reimbursement, claims repricing, stop
loss related, contribution and plan
financial arrangements, any
health/dental claims, flex benefit claims
or reimbursements and any Employee
Assistance program records.
Claims/prescriptions submitted for None
reimbursement, claims repricing, stop
loss related, contribution and plan
financial arrangements, any
health/dental claims, flex benefit claims
or reimbursements and any Employee
Assistance program records.
Claims/prescriptions submitted for None
reimbursement, claims repricing, stop
loss related, contribution and plan
financial arrangements, any
health/dental claims, flex benefit claims
or reimbursements and any Employee
Assistance program records.
Limitations/Conditions
to Access PHI
None
None
Routine and Reoccurring Disclosures of PHI made on behalf of the health plan:
For any plan member PHI that is disclosed on a routine or reoccurring basis, the following
guidelines should be followed in order to ensure that plan member PHI is disclosed to only
the amount reasonably necessary to achieve the purpose of the disclosure.
Human Resource Manager and Workforce Staff: Claims/prescriptions submitted for
reimbursement, claims repricing, stop loss related, contribution and plan financial
arrangements, any health/dental claims, flex benefit claims or reimbursements and any
Employee Assistance program records.
May 2012 City of Lake Elmo Appendix A -22
Chief Financial Officer: Claims/prescriptions submitted for reimbursement, claims
repricing, stop loss related, contribution and plan financial arrangements, any
health/dental claims, flex benefit claims or reimbursements and any Employee Assistance
program records.
Third Party Administrator: Claims/prescriptions submitted for reimbursement, claims
repricing, stop loss related, contribution and plan financial arrangements, any
health/dental claims, flex benefit claims or reimbursements and any Employee Assistance
program records. Third Party Administrators to include: Delta Dental, Virchow Krause &
Company, Aflac and Aspirus Employee Assistance Services.
Non -routine Disclosures of PHI:
Any request for disclosure of plan member PHI that is not considered routine or
reoccurring shall be reviewed by Sherry Weinkauf, Human Resource Director on an
individual basis before disclosure would take place.
Sherry Weinkauf shall utilize any other applicable policy and procedure and/or consult
with applicable parties [legal professionals] in order to assist in determining the
appropriate minimum necessary disclosure of plan member PHI.
Documentation required - any disclosure made on a non -routine basis shall be
documented by Sherry Weinkauf for record keeping purposes. Additionally, a
determination will need to be made as to whether the disclosure needs to be accounted for
via the Accounting of Disclosures Policy and Procedure.
Requests for Disclosures Made for a Plan Member's Entire Medical Record:.
All requests for plan member's entire medical record shall be reviewed by Sherry
Weinkauf, Human Resource Director. Sherry Weinkauf shall determine when the request is
appropriate as the amount PHI needed to ensure applicable of the minimum necessary
standard. HIPAA requires that entire medical records be released ONLY WHEN absolutely
necessary.
May 2012 City of Lake Elmo Appendix A -23
HIPAA's Privacy Rule: Appendix VII
Accounting of Disclosures
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
appropriate workforce staff, about the procedures and policies needed to comply with the
accounting of disclosure requirements of the privacy rule (164.528) under the Health
Insurance Portability and Accountability Act of 1996 (HIPAA).
Definitions:
Disclosure means the release, transfer, provision of access to, or divulging in any other
manner of information outside the covered entity holding the information.
Individual's right to request an accounting of disclosures of PHI:
The City of Lake Elmo, in accordance with Sec. 164.528 of HIPAA's Privacy Rules,
recognizes the right of each plan participant of the Health Plan (as defined in Sec. 160.103
of HIPAA's Privacy Rules) to request an accounting of disclosures (as the term "disclosure"
is defined in Sec. 164.501 of HIPAA's Privacy Rules) of protected health information (PHI)
made by the City of Lake Elmo, Group Health Plan in the six (6) years prior to the date on
which the accounting is requested, or for a shorter amount of time specified in writing by
the plan participant.
When an accounting of disclosures does NOT need to be accounted for:
The accounting shall include all disclosures of PHI made by the City of Lake Elmo, Group
Health Plan except for the following disclosures (as outlined in Sec. 164.528(a)(1)(i) - (ix)):
To carry out treatment, payment and health care operations as provided in Sec.
164.506 of HIPAA's Privacy Rules;
To individuals of PHI about them as provided in Sec. 164.502 of HIPAA's Privacy
Rules;
Incident to a use or disclosure otherwise permitted under this policy, as provided in
Sec. 164.502 of HIPAA's Privacy Rules;
Pursuant to an authorization as provided in Sec. 164.508 of HIPAA's Privacy Rules;
For the facility's directory or to persons involved in the individual's care or other
notification purposes as provided in Sec. 164.510 of HIPAA's Privacy Rules;
To correctional institutions or law enforcement officials as provided in Sec.
164.512(k)(5);
For national security or intelligence purposes as provided in Sec. 164.514(e); or
May 2012 City of Lake Elmo Appendix A -24
As part of a limited data set in accordance with Sec. 164.514(e). (A limited data set
is PHI that excludes direct identifiers of the individual); or
That occurred prior to April 14, 2004.
Additionally, no accounting needs to be made for a "use" of protected health information.
A "use" means the sharing, employment, application, utilization, examination or analysis of
individually identifiable health information within a covered entity that maintains such
information.
Timeframe in which the City of Lake Elmo will provide the disclosure, and potential
charge:
A plan participant must deliver to the City of Lake Elmo's specified contact person (Human
Resource Director) a completed Request for Accounting of Disclosures of Protected Health
Information form. The City of Lake Elmo will provide the accounting no later than sixty
(60) days after receiving this completed form, or, if the City of Lake Elmo is unable to
provide the accounting within that timeframe, may extend the time (no more than once) to
provide the accounting, but by no more than thirty (30) additional days. The City of Lake
Elmo will inform the individual requesting the accounting in writing prior to the expiration
of the original sixty (60) day time period if this extension is applied.
The City of Lake Elmo will provide the first accounting to any one individual in any twelve
(12) month period without charge. A reasonable cost -based charge may be applied to any
additional requests made by the same individual within the twelve (12) month period (this
charge will be communicated to the individual via the Requests for an Accounting of
Disclosures of Protected Health Information form).
Content of accounting and maintaining documentation of disclosures:
The City of Lake Elmo will maintain a Log of Disclosures of PHI in order to be able to
provide an appropriate written accounting of all disclosures, which will include the
following information:
• The date of disclosure;
• The name of the entity or person who received the PHI and, if known, the address of
such entity or person;
A brief description of the PHI disclosed; and
• A brief statement of the purpose of the disclosure that reasonably informs the
individual of the basis for the disclosure or, in lieu of such statement, a copy of a
written request for a disclosure under Secs. 164.502(a)(2)(ii) (When required by
the Secretary of Health and Human Services to investigate compliance or to
determine that the City of Lake Elmo's Group Health Plan's compliance with the
privacy rule) or 164.512 (Uses and disclosures for which an authorization or
opportunity to agree or object is not required), if any.
illii,1,4111144,1,14h.,,Jihi.iLlohkw1,,,11,11a1U,,,J.1111111111,11I11.11:41,1,loaiilLkIlLLL0411:111141,1,,,,111,1,1111.1,i1,11,114.1,1.41.111.1.111, I I
May 2012 City of Lake Elmo Appendix A -25
Retention of the documentation by the City of Lake Elmo
The City of Lake Elmo will retain the documentation necessary to provide a complete
accounting of disclosures of PHI for six (6) years from the date of the disclosure of the PHI.
The City of Lake Elmo will retain the written accounting that is provided to the individual
for a period of at least six (6) years.
The City of Lake Elmo will also maintain the titles and names of the people responsible for
receiving and processing accounting requests for a period of at least six (6) years.
o.kom,,.........lald.1161,4411,14,111m,,AilMarn.111111,10M,A6114,614614.4.411.61,,,,,A.A6.4.141114,.144Naluwa..i.1.1.4.11ffilia,ANA.lommi.M.141,411441,1441,1kmal46A1161411,444,1111161818.111111,111.84.6.11.11A411161,Wodlo.6446rnaul....11,1111iguliUllik.d1.,,orno164.44.4,1“a
May 2012 City of Lake Elmo Appendix A -26
HIPAA's Privacy Rule: Appendix VIII
Notice of Privacy Practices
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
applicable workforce staff, about the appropriate content and distribution of the City of
Lake Elmo's Notice of Privacy Practices as required under Sec. 164.520 of HIPAA's Privacy
Rules.
General Policy:
a. The City of Lake Elmo's Notice of Privacy Practices is created as a joint Notice as
allowed for under the definition of Organized Health Care Arrangement (OHCA)
under Sec. 164.504. It incorporates all benefit plans applicable or assigned under
the City of Lake Elmo's group health plan.
b. The City of Lake Elmo's Notice contains the necessary language as required under
164.520(b)(1).
c. On or before April 14, 2004, all the City of Lake Elmo participating employees
(enrolled in one or more benefit plans under the City of Lake Elmo's group health
plan) will receive by U.S. Mail, a copy of the City of Lake Elmo's Notice.
d. After April 14, 2004, all new hires who enroll in one of the plans offered under the
City of Lake Elmo's group health plan will receive a copy of the Notice at the time
they enroll for coverage. The Notice will be provided to all new hires within the
enrollment packet given to individuals as a new hire.
e. Should the City of Lake Elmo be aware of a change in the use or disclosure of plan
member PHI related to the plan's payment or health care operations, the Notice
shall be revised by the Privacy Officer and Contact Person as soon as reasonably
possible.
f Any time the Notice is revised, all employees then covered under one of the City of
Lake Elmo's group health plans will receive a revised copy of the Notice by U.S. Mail
within 60 days of a material revision.
g. Each the City of Lake Elmo location will maintain paper copies of the current Notice
and will provide to employees when requested to do so.
h. All employees covered under the City of Lake Elmo's group health plan will be
notified, no less frequently than three years, as to the availability of the notice.
Documentation Reauirement:
The City of Lake Elmo will retain copies of the current Notice and subsequent Notices that
have been revised. Such documentation will be maintained by the Privacy Officer and/or
Contact Person for a period of six (6) years, as required by Sec. 164.530(j)(2) of HIPAA's
Privacy Rules.
May 2012 City of Lake Elmo Appendix A -27
HIPAA's Privacy Rule: Appendix IX
Complaint Process
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
appropriate workforce staff, about the complaint mechanism for individual complaints in
relation to the policies and procedures put in place by the City of Lake Elmo in order to
comply with HIPAA's Privacy Rules.
Policy:
In compliance with Sec. 164.530(d) (1) of HIPAA's Privacy Rules, the City of Lake Elmo has
implemented a complaint handling process so individuals can issue complaints regarding
the City of Lake Elmo's policies and procedures implemented in order to comply with
HIPAA's Privacy Rules. The complaint process is outlines below.
The City of Lake Elmo will document all complaints made, the handling thereof, and the
eventual outcome. Such documentation will be maintained by the Privacy Officer for a
period of six (6) years, as required by Sec. 164.5300)(2) of HIPAA's Privacy Rules.
The City of Lake Elmo's Complaint Process;
You will need to decide how the City of Lake Elmo would like the complaint process to
operate. The contact person or office responsible for receiving the complaints will have to
be identified in the policy, as well as in the notice to plan participants. The Privacy Rules do
not designate any timeframes or processes regarding how complaints should be handled
and resolved. The process can mirror any other complaint processes the City of Lake Elmo
may currently have in place. Once determined what the complaint process will be it should
be documented here in this section of the policy.
May 2012 City of Lake Elmo Appendix A -28
HIPAA's Privacy Rule: Appendix X
Mitigation
Purpose:
The purpose of this document is to outline, educate, and create policies and procedures for
the City of Lake Elmo and other appropriate workforce staff, regarding HIPAA's Privacy
Rules administrative requirements of mitigating any harmful effects of violations of privacy
policies, refraining from intimidating or retaliatory acts, and not requiring individuals to
waive their rights under HIPAA's Privacy Rules, as set forth in Sec. 164.530 of HIPAA's
Privacy Rules.
Policy:
In compliance with Sec. 164.530(f) of HIPAA's Privacy Rules, the City of Lake Elmo,
including any members of its workforce, will mitigate, to the extent practicable, any
harmful effect that is known to the City of Lake Elmo of a use or disclosure of protected
health information (PHI) in violation of the City of Lake Elmo's privacy policies and
procedures, and/or of HIPAA's Privacy Rules, by the City of Lake Elmo or any of its
Business Associates (as defined by Sec. 160.103 of HIPAA's Privacy Rules).
In compliance with Sec. 164.530(g), (1)-(2) of HIPAA's Privacy Rules, the City of Lake Elmo,
including any members of its workforce, will not intimidate, threaten, coerce, discriminate
against, or take other retaliatory action against:
Any individual for the exercise by the individual of any right under, or for
participation by the individual in any process established by, HIPAA's Privacy Rules
and/or the privacy policies and procedures put in place by the City of Lake Elmo, or
Any individual or other person for: filing a complaint with the City of Lake Elmo
health plan or Secretary of Health and Human Services (or any other officer or
employee of HHS to whom the authority involved has been delegated); testifying,
assisting, or participating in an investigation or compliance review proceeding or
hearing; or opposing any act or practice made unlawful by HIPAA's Privacy rules,
provided the individual has a good faith belief that the practice opposed is unlawful,
and the manner of the opposition is reasonable and does not involve a disclosure of
protected health information (PHI) in violation of HIPAA's Privacy Rules.
In compliance with Sec. 164.530(h) of HIPAA's Privacy Rules, the City of Lake Elmo will not
require individuals to waive their rights under HIPAA's Privacy Rules and/or the City of
Lake Elmo's privacy policies and procedures as a condition of the provision of treatment,
payment, enrollment in the health plan, or eligibility for benefits.
May 2012 City of Lake Elmo Appendix A -29
Documentation Requirement:
The City of Lake Elmo will document any violations of the policies listed above, the
handling thereof, and the eventual outcome. Such documentation will be maintained by the
Privacy Officer for a period of six (6) years, as required by Sec. 164.530(j)(2) of H1PAA's
Privacy Rules.
Note:
The Privacy Rules do not prescribe steps that need to be taken in regards to the above
three requirements, and no detailed steps need to be, nor should be, written beyond the
basic requirements.
May 2012 City of Lake Elmo Appendix A -30
HIPAA's Privacy Rule: Appendix XI
Workforce Sanctions
Purpose:
The purpose of this document is to outline and educate the City of Lake Elmo and other
appropriate workforce staff, about the possible sanctions for violating the policies and
procedures put in place by the City of Lake Elmo in order to comply with HIPAA's Privacy
Rules.
Policy:
As required by Sec. 164.530(e)(1) of HIPAA's Privacy Rules, the City of Lake Elmo has
created and will uniformly apply appropriate sanctions against members of its workforce
(defined by Sec. 160.103 of HIPAA's Privacy Rules as: employees, volunteers, trainees, and
other persons whose conduct, in the performance of work for the City of Lake Elmo Health
Plan, is under the direct control of the City of Lake Elmo, whether or not they are paid by
the City of Lake Elmo) who fail to comply with the privacy policies and procedures the City
of Lake Elmo has put in place.
Each member of the City of Lake Elmo's workforce will have proper notice of the City of
Lake Elmo's privacy policies and procedures, as well as the possible sanctions for violating
those policies and procedures (as outlined below), through the privacy training they
receive. A copy of the possible sanctions available will be provided to each member of the
workforce directly following training (or, if not possible directly thereafter, as soon as is
reasonably possible).
Note: These sanctions (outlined below) do not apply to a member of the City of Lake
Elmo's workforce with respect to activities related to Sec. 164.502(j) (disclosures by
whistleblowers and workforce member crime victims) or Sec. 164.530(g)(2) (refraining from
intimidating or retaliatory acts: individuals and others) of HIPAA's Privacy Rules.
Documentation Requirement:
The City of Lake Elmo will document all sanctions applied. Such documentation will be
maintained by the Privacy Officer for a period of six (6) years, as required by Sec.
164.530(j)(2) of HIPAA's Privacy Rules.
Sanctions for violating the City of Lake Elmo's privacy policies and procedures:
Sanctions for violating the City of Lake Elmo's privacy policies and procedures fall under
6.6 Disciplinary Actions in the City of Lake Elmo's Personnel Manual, as well as Article 8 -
Discipline and Discharge in the City of Lake Elmo and General Teamsters Union Local 662
Labor Agreement and Article 6 - Discipline and Discharge in the City of Lake Elmo Clericals
Labor Agreement.
May 2012 City of Lake Elmo Appendix A -31
Tlif CITY OF
LAKE ELMO
AGENDA ITEM:
SUBMITTED BY:
THROUGH:
REVIEWED BY:
Library Update
Dean Zuleger, City Administrator
Mayor Dean A. Johnston
Dean Zuleger, City Administrator
c. C T
DATE: October 16, 2012
REGULAR
ITEM #: K ( C )
MOTION
SUMMARY AND ACTION REQUESTED:....„, The City Council is asked to entertain a
discussion and possible action on the City of Lake Elmo Library.
BACKGROUND INFORMATION: The Library Board has several housekeeping items for
the City Council to act on and be informed about as it approaches its first year anniversary. Items
to be discussed is the current slate of Library Board applications, the resignation of Board
Member Jenna Weis and the naming of Rosemary Maier (1Alternate) to fill the terni, the
Library Board's recent action to hire an FTE Librarian, and the desire of the Library Board to
have a goal setting workshop in the near future. There may be some discussion on the conversion
of the interim library building to rental housing after inspection and conversion.
STAFF REPORT: The Library Board has successfully opened a library facility with over 4,000
books, a reference section, and both teen and children departments. This effort was largely
achieved through the use of a dedicated group of volunteers that have logged thousands of hours
of time in building prep, collection preparation and manning day-to-day operations. It has truly
been a herculean effort. A grand opening will take place on October 20.
The Library By-laws note that (2) one-year Library Board terms are set to expire. These terms
are currently .filled by Board President Steve DeLapp and Board Member Sara Lindner — both
who have orally re -applied for appointment. Local author Renee Murray has also applied in
writing for a permanent Board position — Ms. Murray has been a stalwart volunteer at the
Library.
Current Board member and new mother Jenna Weis has tendered her resignation due to time
constraints with one-year left on her term. Per past- practice her seat would be assumed by
Rosemary Maier (1" Alternate).
With LTE Librarian Olivia Morris's recent departure, the Library Board voted on October 10th to
hire a FTE Librarian (40 hours) and expand hours of operation to 40 hours as soon as possible. In
-- page
City Council Meeting [Consent _Agenda Item 15]
July 17, 2012
addition, it is the intent of the Library Board to conduct a goal setting workshop and retreat prior
to year's end.
RECOMMENDATION: Based upon the background information. presented, the staff
recommends that the City of Lake Elmo City Council:
Advise the Library Board nomination Committee consisting of Mayor Johnston,
Council Member Park, and Administrator Zuleger recommend to the City
Council (2) Board Member Candidates and (1) Alternate Candidate for
affirmation;
Appoint 1" Alternate Rosemary Maier to complete the final year of a two-year
term vacated by Board member Jenna Weis.
SUGGESTED ORDER OF BUSINESS:
Introduction of Item ...... .............„...„.................................... City Administrator
Report/Presentation........ ......... ........... ...... ........... City Administrator
Questions from Council to Staff........... ....... ......„....................Mayor Facilitates
Public Input, i t Appropriate ........ ...... .....Mayor Facilitates
Call for Motion ............. ..... ..................................... ........ Mayor & City Council
Discussion ...... ...................................... ........ ......... ....... Mayor & City Council
Action on Motion................„........„.............................. ......... _Mayor Facilitates
-- page 2 --
CITY OF BAYPORT
294 NORTH THIRD STREET
BAYPORT, MINNESOTA 55003
PHONE 651-275-4404 FAX 651-275-4411
October 9_ 2012
David Beaudet, Mayor
City of Oak Park Heights
P. O. Box 2007
Oak Park Heights, MN 55082
Dean Johnston, Mayor
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo. MN 55042
Re: Train Horn Noise
Dear Fellow COMMunity Leaders:
Keni Grandlienard, Board Chair
Baytown Township
4220 Osgood Avenue North
Stillwater, MN 55082
Carmen Sarrack. Mayor
City of Oakdale
1584 Hadley Avenue North
Oakdale, MN 55128
The City of Bayport has received a number of complaints from residents regarding excessive
train horn noise, especially at night, along the Union Pacific Railroad track that extends trom the
St. Croix River through the communities of Baytown Township, Oak Park Heights. Lake Elmo,
and Oakdale. We question whether this may also be an issue in your community.
We understand that federal laws and rules permit the conductor and/or engineer to blow the horn.
even within an established quiet zone, if they feel there is a perceived danger ahead. However,
the city is seeking your cooperation to help us to reach out and request that the railroad minimize
excessive horn use, in an effort to improve the quality of life in our communities.
Attached, please find a draft of the letter we intend to send to the Union Pacific Railroad and we
would like to include your community in this correspondence, to demonstrate support for our
efforts. 1 would appreciate hearing. from you and can be reached at 651-275-1776 or
sstores/c-ici.bavnort.inn.us.
Sincerely.
Mayor Susan St. Ores
City of Bayport
cc: Bayport City Council
Bayport City Administrator Mitchell Berg
CITY OF BAYPORT
294 NORTH THIRD STREET
BAYPORT, MINNESOTA 55003
PHONE 651-275-4404 FAX 651-275-4411
November 1, 2012
Mr. Wesley J. Lujan
Union Pacific Railroad
101 N. Wacker Drive. Suite 1910
Chicago, Illinois 60606
Re: Train Horn Noise
Dear Mr. Lujan:
We have received an increasing number of complaints from residents regarding excessive train
horn noise, especially at night, along the Union Pacific Railroad track that extends from the St.
Croix River through the communities of Baytown Township, Oak Park Heights, Lake Elmo, and
Oakdale. We understand that federal laws and rules permit the conductor and/or engineer to
blow the hom, even within an established quiet zone. if they feel there is a perceived danger.
However, we would like you to know that the excessive train noise we have been experiencing is
adversely impacting the quality of life for our residents.
We would appreciate your immediate cooperation to minimize excessive horn use and invite you
to help us work on a long-term plan to eliminate excessive train noise overall in our
communities. We look forward to hearing from you and working together to address this matter.
1 can be reached at 651-275-1776 or sstoresa,ci.bayport.mmus. Thank you in advance for your
cooperation.
Sincerely,
Mayor Susan St. Ores
City of Bayport
[Mayor or Board Chair]
[Name of City or town]
[Mayor or Board Chair]
[Name of City or town]
[Mayor or Board Chair]
[Name of City or town]
[Mayor or Board Chair]
[Name of City or town]
Date:
Start Date:
End Date:
Time Interval:
Speed Interval:
Posted Speed Limit:
Average Speed:
Highest Speed:
50th Percentile:
85th Percentile:
Number Above Speed Limit:
Total Number of Vehicles:
0
2 400.
2200.
2 000
1 80°-
1.600
1 400'
1 200
t000
0 0
600-
400
200
10/16/2012 10:56:39 am
10/7/2012 07:00 am
10/16/2012 10:00 pm
60 minutes
5 mph
40 mph
49 mph
148 mph
50 mph
54 mph
7164
7500
31-35
36-4C
41-45
Comments:
'\t\iB HWY 5 at 11240
46-50 51-55
Speeds
56-60
61-65
66-70
24
7