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11/26/2013
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, NOVEMBER 26, 2013 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL THE MEETING TO ORDER 2. ROLL CALL 3. APPROVALS F�IL a. Agenda b. Minutes of the November 12, 2013 City Council Meeting c. Claims Totaling $33,196.90 4. CONSENT a. Establish 2014 Recycling, Sanitary Sewer, and Storm Sewer Fees — Resolution 112613A b. Approval of Conditional Use Permit for 2520 Broadway Drive — Resolution 112613B c. 2014-2015 Union Contract d. St. Paul Regional Water Board Agreement e. Application for 2014 SCORE Grant for Recycling — Resolution 112613C f PCIC Minutes 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS 7. PUBLIC HEARINGS a. 2014 Budget and Levy b. Ordinance 13-06, Amending Zoning Ordinance 10-6 Pertaining to District Uses Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEMS a. 2014 Budget and Levy b. Ordinance 13-06, Amending Zoning Ordinance 10-6 Pertaining to District Uses 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a.. Larpenteur Avenue Pedestrian Improvement Project b. Zoning Ordinance Updates c. Eureka! Recycling Contract Extension d. Tobacco Ordinance e. Joint Powers Agreement with Ramsey County for CAD Services f. Applications for Non -Domestic Animal Permits 12. WORK SESSION a. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. b. Eureka! Recycling Contract Extension c. Sign Ordinance & Dynamic Signs d. Council Dias Chair Demonstration and Selection e. Community Development Update 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 6 November 12, 2013 Mayor Pro Temp Gaasch called the City Council meeting to order at 7:30 p.m. Councilors present: Mary Gaasch, Roxanne Grove, Denise Hawkinson, and Lara Mac Lean and Mayor Jeff Dains. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator; and Kevin Kelly, Deputy City Clerk. Mayor Pro Temp Gaasch asked for changes to the meeting agenda. Butkowski added Street Sweeping to additional items in the agenda. Councilor Mac Lean moved to approve the agenda as amended. Councilor Grove seconded the motion and it passed unanimously. Councilor Grove moved to approve the October 22, 2013 City Council meeting minutes. Councilor Hawkinson seconded the motion and it passed unanimously. Councilor Hawkinson moved approval of the claims totaling $114,367.11. Councilor Mac Lean seconded the motion and it passed unanimously. Councilor Gaasch moved adoption of the Consent Agenda approving the September Financial Report, 2430 Larpenteur Avenue survey, and sanitary sewer lining payment request. Councilor Grove seconded the motion and it passed unanimously. Special Order of Business: Council recognition of Trygve Hanson for his Dedication to the Park and Community Involvement Committee The Council thanked Trygve Hanson for his work on the Parks and Community Involvement Committee over the years. Hanson was very active on the Committee including designing and painting the sandwich boards advertising City events. Mr. Hanson is moving from the City. St. Anthony P.D. Citizen's Academy Graduation Lauderdale residents Steve Lange and Kelly Whitstone were honored by the St. Anthony Police Department and the City Council as they recently graduated from the Citizens Academy. The Citizen's Academy is an eight-week course which residents learn about the inner workings of the Police Department and take part in exercises related to policing. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 6 Informational Presentation University of Minnesota Sustainability Program and Festival November 12, 2013 University of Minnesota student Evaline Knodel addressed the Council regarding the Sustainability Festival which is being held on November 14. Knodel reminded the Council and residents about the festival which is being held at Silverwood Park in St. Anthony from 5:30- 8:00 p.m. The goal of the festival is to build up and empower residents to have sustainability "tools" which can be employed in their everyday life. Public Hearing and Discussion Items: HHC, Inc. and Beaupre Aerial Equipment — Zoning Amendment and Conditional Use Permit Beaupre Aerial Equipment would like to purchase the property at 2520 Broadway Drive which currently houses Hamlin Auto Body. Beaupre is a construction equipment rental business, which is not specifically listed as a permitted or conditional use in the 1- 1, Industrial district. Mayor Pro Temp Gaasch called the Public Hearing at 7:54 for input on the proposed Zoning Amendment to allow for construction equipment rental as a conditional use in the I-1, Industrial District. No one addressed the Council and the public hearing was closed at 7:54 p.m. Councilor Hawkinson moved to approve the zoning amendment request. Councilor Mac Lean seconded the motion and it passed unanimously. Conditional Use Permit, Beaupre Aerial Equipment HHC and Beaupre submitted the CUP appliction. Bownik stated the Use is compatible with other nearby uses. Many of the concerns were addressed at a previous Council meeting. Most items including delivery vehicles will be stored inside the building. The large boom lifts will be stored outside and can be lowered. Mayor Pro Temp Gaasch called the Public Hearing at 8:02. John Young of Paramount Real Estate addressed the Council. Mr. Young is the Agent for Beaupre. Mr. Young addressed screening the items in the yard of the property which is difficult due to Hwy 280 being at a higher elevation than the parking areas of 2520 Broadway Drive. Mr. Young stated that outside storage of the booms will be lowered when applicable. The Public Hearing closed at 8:05 with no further public comment. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 6 November 12, 2013 Councilor Hawkinson moved to approve the Conditional Use Permit to allow for a construction equipment rental, leasing and sales facility in the I-1 Industrial District. Councilor Grove seconded the motion and it passed unanimously. Business Assistance Policy Butkowski stated the City updated the policy to meet state standards and Council input on businesses appropriate for the City and to increase the City tax base. Mayor Pro Temp Gaasch called the Public Hearing at 8:10. Don Vandenberg of Brandychase asked what the policy was going to be used for. Butkowski stated the policy addressed the potential need for the City to provide funding to a redevelopment project. The Hearing closed at 8:13 with no further comment. Councilor Mac Lean moved to approve the Business Assistance Policy. Councilor Hawkinson seconded the motion and it passed unanimously. Discharge of Weapons Ordinance The previous ordinance had not been updated to meet the State conceal and carry ordinance. The amended ordinance defers to State ordinance regarding weapons. No one except authorized personnel can discharge a weapon within the City. Councilor Mac Lean stated she has been approached by Lauderdale residents who are concerned with an increase in wildlife in the City and at the University Golf Course. Councilor Grove moved to approve the Discharge of Weapons Ordinance. Councilor Hawkinson seconded the motion and it passed unanimously. Discussion Items: Resolution 112113B — No Fault Sewer Backup Coverage This item has been discussed at previous Council meetings. This insurance offered through the League of Minnesota Cities will cover the 610 sewer connections in the City from any sewer line backup. The cost to the City will be $1,091.00 per year. The policy will provide $10,000.00 in coverage to property owners in the event of a sewer backup into private property. Butkowski explained the policy also covers water main breaks. The Mayor joined the meeting at 8:24 p.m. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 4 of 6 November 12, 2013 Councilor Hawkinson moved to adopt Resolution 111213B the No Fault Sewer Coverage. Councilor Mac Lean seconded the motion and it passed unanimously. City Logo The Council made a final decision on the new City Logo. Councilor Mac Lean moved to approve the new City of Lauderdale logo. Councilor Grove seconded the motion and it passed unanimously. Additional Items: Butkowski stated that the owner of Dakota Sweeping, the company scheduled to do the street sweeping this year, has asked for an extra $800.00 over their agreed to bid. Dakota Sweeping did not properly estimate the amount of work it would take to clean up all the leaves and other debris on the streets. The Council stated that Dakota Sweeping needed to do an "impeccable job" of street sweeping and did not want a decision to approve the increase to set a precedent of the Council being open to the renegotiation of signed contracts. The Council agreed to half of the $800.00 request. Councilor Hawkinson moved to approve an additional $400.00 to Dakota Sweeping for the fall street sweeping. Councilor Mac Lean seconded the motion and it passed unanimously. Agenda items for the November 26 Council Meeting may include a discussion of the Larpenteur Avenue Project, establishing 2014 Sanitary and Storm Sewer Fees, the 2014 Budget and Levy Public Hearing and Adoption, Zoning Ordinance Updates and the Eureka! Recycling Contract. Mayor Dains explained that the Council was moving into the work session. Work sessions are a continuation of the meeting but not aired on community television. Mayor Dains asked if anyone wished to address the Council. Don Vandenberg from Brandychase stated he has seen coyotes in Falcon Heights Community Park and they do not seem to be frightened by humans. Dan Murphy of 1938 Carl Street would like to form a coffee club in Lauderdale and would like to use the Social Room at Lauderdale City Hall for the gathering. Mr. Murphy would like to foster "friendly conversation" among neighbors. The Council agreed that the coffee club would be a good thing. Mr. Murphy will work with City Staff to schedule time at City Hall for this group. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 5 of 6 November 12, 2013 Steve Lange of 1790 Carl Street stated he has heard Roosters crowing from inside a house along Community Park. Butkowski stated the Council adopted an ordinace recently to address the keeping of Roosters, which is prohibited. The City has given chicken owners until January 1, 2014 to come into compliance with the ordinance. Don Vandenberg told the Council that he is looking into starting a neighborhood watch group in the City. Butkowski directed Mr. Vandenberg to contact Sergeant Jon Mangseth of the St. Anthony Police Department to implement this idea. Work Session: 2014 Recycling, Sanitary Sewer and Storm Water Fees Butkowski and the Council discussed appropriate fees. The Recycling contract ends at the end of the 2014 and there will be no increases in fees for 2014. Butkowski stated there are surpluses in the Sanitary Sewer Fund and proposed a 1 to 1 %2 % increase and excess funds will be set aside for future projects Butkowski stated the City's goal is to increase reserves in the storm sewer fund. Butkowski proposes a 12.5% increase in this fee which is approximately $5.00 a year per residential property. Community Development Update Butkowski updated the Council that Luther Seminary has met with the Trust for Public Land recently. 2420 Larpenteur - Butkowski stated the EPA approved Phase I testing of the site. There is an electric utility through the property in which there is not easement, which must be resolved. Duane Grace, the City Commercial Building Inspector, looked at the building and found no safety issues with the building and that it was suitable for cold storage. Grace reported the roof was the best asset of the building. Corval Group (1633 Eustis) — Butkowski stated she attended a "safety celebration" event at Corval recently. Butkowski stated Coval is looking to redevelop the property and proposed an idea to take down an out building to add more office space. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 6 of 6 November 12, 2013 Laipenteur Avenue Project — Ramsey County is working on getting MNDOT approval of the project. The arca thctwccn Carl and Pleasant Streets has been found to lack the space for trees but there still =v be space for street lighting. The bump -out proposed for Malvern Street isn't feasible as the bmmip caused storm water difficulties. Steve Ramlow from 2449 Larpenteur has agreed to the price for the easement onto his property. The Council went into closed session at 9:15 to discuss the labor contract. There being no further business on the council agenda, Councilor moved to adjourn the meeting. Coun("f)r xcowled the motion and it carried. The meeting adjourned at 9:49 p.m. Respectfully sub rn i t t cd, Kevin Kel y Deputy City Cler!< CITY OF LAUDERDALE CLAIMS FOR APPROVAL November 26, 2013 City Council Meeting Payroll 11/22/13 Payroll: Direct Deposit # 501682-501691 11/22/13 Payroll: Payroll Liabilities, e -payments #830E -833E Vendor Claims 11/26/13 Claims: Check #'s 21983-22002 $7,298.50 $8,916.11 $16,982.29'1 SUBTOTAL $33,196.901 Total Claims for Approval $33,196.90 CITY OF LAUDERDALE 11/22/13 1:29 PM Page 1 *Claim Register© 112213pyrll NOVEMBER 2013 Claim Type Direct Claim# 3645 NORTH STAR BANK, CHECKING S Ck# 000830E 11/22/2013 Cash Payment G 101-21703 FICA WITHHOLDING. 11/22/13 Payroll $2,162.60 Invoice Cash Payment G 101-21701 FEDERAL TAXES Invoice Transaction Date 11/22/2013 Claim# 3646 PERA 11/22/13 Payroll Due 0 NORTH STAR CHE 10100 Ck# 000831 E 11/22/2013 $976.58 Total $3,139.18 Cash Payment G 101-21704 PERA 11/22/13 Payroll $1,635.34 Invoice Transaction Date 11/22/2013 Due 0 NORTH STAR CHE 10100 Total $1,635.34 Claim# 3647 ICMA RETIREMENT TRUST - 457 Ck# 000832E 11/22/2013 Cash Payment G 101-21705 ICMA RETIREMENT 11/22/13 Payroll $3,205.98 Invoice Transaction Date 11/22/2013 Due 0 NORTH STAR CHE 10100 Total $3,205.98 Claim# 3648 MN DEPARTMENT OF REVENUE Ck# 000833E 11/22/2013 Cash Payment G 101-21702 STATE WITHHOLDING 11/22/13 Payroll $935.61 Invoice Transaction Date 11/22/2013 Due 0 NORTH STAR CHE 10100 Total $935.61 Claim Type Direct Tota $8,916.11 Pre -Written Check $8,916.11 Checks to be Generated by the Compute $0.00 Total $8,916.11 CITY OF LAUDERDALE 11/22/13 1:43 PM Page 1 *Check Detail Register© NOVEMBER 2013 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 021983 11/26/2013 DAKOTA SWEEPING & MAINTENANCE E101-43000-314 STREET SWEEPING $1,690.00 2014 Fall Street Sweeping otal DAKOTA SWEEPING & MAINTENANCE $1,690.00 Paid Chk# 021984 11/26/2013 EHLERS E 405-48500-327 OTHER SERV- SEWER/NPDES 1 $900.00 TIF Financial Consultation Total EHLERS $900.00 Paid Chk# 021985 11/26/2013 EUREKA RECYCLING E 203-50000-389 RECYCLING CONTRACTOR $2,446.15 10/13 Recycling Contract Total EUREKA RECYCLING $2,446.15 Paid Chk# 021986 11/26/2013 G & K SERVICES E 601-49000-425 CLOTHING $63.55 10/13 PW Clothing E 602-49100-425 CLOTHING $63.55 10/13 PW Clothing Total G & K SERVICES $127.10 Paid Chk# 021987 11/26/2013 HEWLETT-PACKARD CO E 402-48000-531 OFFICE EQUIPMENT $1,677.55 2 New PC's for City Hall - JB & Pub Works Total HEWLETT-PACKARD CO $1,677.55 Paid Chk# 021988 11/26/2013 HUGHES AND JOSEPH E 101-41500-300 LEGAL FEES - PROSECUTING $850.00 10/13 Legal Fees Total HUGHES AND JOSEPH $850.00 Paid Chk# 021989 11/26/2013 INTEGRA E 101-41200-391 TELEPHONE/PAGERS $49.55 10/13 Fax Line Total INTEGRA $49.55 Paid Chk# 021990 11/26/2013 KENNEDY & GRAVEN TRUST ACCT E 101-41500-305 LEGAL FEES - CIVIL $2,673.50 General consultation and purchase of 2430 Larpenteur Total KENNEDY & GRAVEN TRUST ACCT $2,673.50 Paid Chk# 021991 11/26/2013 LMCIT E 601-49000-362 PROPERTY INSURANCE $757.00 8/1/13-8/1/14 No Fault Insurance Total LMCIT $757.00 Paid Chk# 021992 11/26/2013 MN DEPT OF AGRICULTURE E 101-43000-442 MISC $25.00 2014 Tree Care Registry Renewal Total MN DEPT OF AGRICULTURE $25.00 Paid Chk# 021993 11/26/2013 MUSKA ELECTRIC CO E 101-45200-442 MISC $736.91 Repair Hockey Rink Lights and string rope for City Hall flag pole Total MUSKA ELECTRIC CO $736.91 Paid Chk# 021994 11/26/2013 NAPA AUTO PARTS E 101-43000-442 MISC $38.67 Anti -freeze, Washer Fluid and Shop Towels CITY OF LAUDERDALE 11/22/13 1:43 PM Page 2 *Check Detail Register© NOVEMBER 2013 Check Amt Invoice Comment Total NAPA AUTO PARTS $38.67 Paid Chk# 021995 11/26/2013 PREMIUM WATERS, INC E 101-41200-208 WATER DELIVERY $40.60 10/13 Water Delivery Total PREMIUM WATERS, INC $40.60 Paid Chk# 021996 11/26/2013 PUBLIC EMPLOYEES INS PROGRAM G 101-21706 HEALTH INSURANCE $2,473.42 12/13 Health Benefits Total PUBLIC EMPLOYEES INS PROGRAM $2,473.42 Paid Chk# 021997 11/26/2013 SOFTWARE HARDWARE INTEGRATION E 101-41200-538 COMPUTER SOFTWARE & EQU $614.53 Software for new computers - DH & JB ital SOFTWARE HARDWARE INTEGRATION $614.53 Paid Chk# 021998 11/26/2013 SPRINT PCS E 602-49100-391 TELEPHONE/PAGERS $19.88 10/13 PW Cell Phones E 601-49000-391 TELEPHONE/PAGERS $19.88 10/13 PW Cell Phones E 101-43000-391 TELEPHONE/PAGERS $39.75 10/13 PW Cell Phones Total SPRINT PCS $79.51 Paid Chk# 021999 11/26/2013 VANGUARD CLEANING SYSTEMS E101-43000-327 OTHER SERV- SEWER/NPDES 1 $942.70 Social Room/Public Areas & Office - Carpet and Tile Cleaning Total VANGUARD CLEANING SYSTEMS $942.70 Paid Chk# 022000 11/26/2013 WASTE MANAGEMENT E 101-43000-384 REFUSE DISPOSAL $152.57 Refuse Disposal Dec/Jan/Feb - City Hall Total WASTE MANAGEMENT $152.57 Paid Chk# 022001 11/26/2013 XCEL ENERGY, PARK & GARAGE E 101-43000-383 GAS UTILITIES $59.48 10/13 PW and Warming House E 101-45200-383 GAS UTILITIES $59.47 10/13 PW and Warming House E 101-45200-381 ELECTRIC $7.07 10/13 PW and Warming House E 101-43000-381 ELECTRIC $7.06 10/13 PW and Warming House Total XCEL ENERGY, PARK & GARAGE $133.08 Paid Chk# 022002 11/26/2013 XCEL ENERGY, STREET LIGHTING E 101-43000-380 STREET LIGHT UTILITY $574.45 10/13 Street Lights Total XCEL ENERGY, STREET LIGHTING $574.45 10100 NORTH STAR CHECKING , $16,982.29 CITY OF LAUDERDALE 11/22/13 1:43 PM Page 3 *Check Detail Register© NOVEMBER 2013 Check Amt Invoice Comment Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $11,034.73 203 RECYCLING $2,446.15 402 CAPITAL IMPROVEMENTS $1,677.55 405 TIF -PROJECTS $900.00 601 SEWER UTILITIES $840.43 602 STORM SEWER ENTERPRISE FUND $83.43 $16,982.29 ACTION REQUESTED Consent X LAUDERDALE COUNCIL MEETING DATE November 26, 2013 Special Public Hearing ITEM NUMBER 2014 Rates for Storm Sewer, Report Sanitary Sewer, and Recycling Discussion/Action Resolution x STAFF INITIAL Jim Work session APPROVED BY ADMINISTRATOR BACKGROUND: At the last meeting, the council discussed the following rate increases for 2014: Storm Sewer: 12.5% Sanitary Sewer: 1% Recycling: 0% The attached resolution reflects these increases. OPTIONS: 1) Adopt the prepared resolution as part of the consent agenda. 2) Amend the rate increases prior to adopting the resolution by removing this item from the consent agenda for discussion and action. STAFF RECOMMENDATION: By approving the consent agenda, the Council is approving the attached resolution. COUNCIL ACTION: RESOLUTION NO. 112613A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ESTABLISHING 2014 STORM SEWER RATES, SANITARY SEWER RATES, AND RECYCLING RATES WHEREAS, the City of Lauderdale incurs expenses related to the operation of its storm sewer collection system, including costs for salaries and maintenance of the utility; and WHEREAS, the City of Lauderdale incurs expenses related to the operation of its sanitary sewer collection and disposal system, including Metropolitan Council Environmental Services wastewater treatment fees, as well as its own costs for salaries and maintenance of the utility; and WHEREAS, the City of Lauderdale incurs expenses related to the operation of its residential recycling program, including costs for salaries and collection of materials; and WHEREAS, storm sewer rates, sanitary sewer rates, and recycling rates are set annually by the Lauderdale City Council; and WHEREAS, the City Code provides for the collection of storm sewer service charges, sanitary sewer service charges, and residential recycling collection; NOW THEREFORE, BE IT RESOLVED that the Lauderdale City Council sets the following rates for 2014: 1) Storm Sewer: A flat rate of $13.22 per quarter per REF (Residential Equivalency Factor) 2) Sanitary Sewer A) Residential: A flat rate of $49.03 per residential unit per quarter B) Commercial: $2.42 per unit of water consumption per month, with a minimum monthly charge of $13 3) Recycling: A flat rate of $2.45 per residential unit per month Adopted by the City Council of the City of Lauderdale this 26th day of November, 2013. Jeffrey Dains, Mayor (ATTEST) Heather Butkowski, City Administrator (SEAL) ACTION REQUESTED Consent X LAUDERDALE COUNCIL MEETING DATE November 26, 2013 Special Public Hearing ITEM NUMBER Resolution of Approval for Conditional Report Use Permit at 2520 Broadway Drive with Findings of Fact Discussion/Action Resolution — X STAFF INITIAL Jim Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the November 12 City Council Meeting, the City.Council passed a motion approving a conditional use permit for HHC, Inc. and Beaupre Aerial Equipment to operate a construction equipment rental business at 2520 Broadway Drive. The CUP was approved with the following two conditions: 1) Booms on lift equipment stored outdoors shall be in the lowered position, except when needed for space. 2) Material such as tires, scrap metal, etc. shall be stored inside the building or screened by a privacy fence not less than six feet in height. Attached is a resolution of approval with findings of fact for this meeting. OPTIONS: • Adopt the prepared resolution as part of the consent agenda. • Remove from the consent agenda for discussion and action. STAFF RECOMMENDATION: By approving the consent agenda, the Council is approving the attached resolution. COUNCIL ACTION: Member introduced the following resolution and moved its adoption: CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 112613B A RESOLUTION OF THE LAUDERDALE CITY COUNCIL APPROVING A CONDITIONAL USE PERMIT A CONSTRUCTION EQUIPMENT RENTAL BUSINESS AT 2520 BROADWAY DRIVE WHEREAS, HHC, Inc. and Beaupre Aerial Equipment requested a Conditional Use Permit to operate a construction equipment rental business at 2520 Broadway Drive; and WHEREAS, the property is located in Ramsey County and is legally described as: PIN: 172923320116 Lot: 2 Block: 1, BROADWAY BUSINESS PARK WHEREAS, notification letters went to property owners within 350 feet of the perimeter of the subject property; and WHEREAS, Public Notice was published in the October 29, 2013 edition of the Roseville Review, and WHEREAS, Title 10-12-4 & 10-12-5 of the City Code allows the City Council to consider certain criteria and performance standards in approving conditional use permits; and WHEREAS, the Lauderdale City Council has made the following findings: • The use appears to conform to similar uses in the 1-1 Industrial District. • The proposed use will be compatible with other uses in the 1-1 District as well as with the adjacent Boyer Truck facility. It should have no adverse impacts on surrounding uses. • The visual impression and environment of the use is consistent with the district as set forth in the conditions listed below. • The vehicle access and parking plan appear to be organized in a way that does not significantly increase traffic congestion and noise. Traffic volume should be comparable to Hamline Auto Body's use of the site. • The use appears to promote the objectives of the Zoning Ordinance and the Land Use & Tax Base section of the Comprehensive Plan. It is encouraging that the building would be utilized immediately instead of potentially deteriorating waiting for a buyer. The only fumes and noise will be from the trucks delivering and returning equipment, which should be comparable with Hamline Auto Body's use of the site. The proposed use should produce fewer odors because Beaupre intends to remove the existing paint booths. Beaupre also intends to remove the car wash, which will free up some capacity in the sanitary sewer system. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lauderdale, does hereby approve a Conditional Use Permit to operate a construction equipment rental business at 2520 Broadway Drive, with the following conditions: 1) Booms on lift equipment stored outdoors shall be in the lowered position, except when needed for space. 2) Material such as tires, scrap metal, etc. shall be stored inside the building or screened by a privacy fence not less than six feet in height. Dated: November 26, 2013 Jeffrey Dains, Mayor Attest: Heather Butkowski, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon, the following voted in favor thereof: Member And the following voted against same: Absent: Whereupon said resolution was declared duly passed. (SEAL) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Closed Session Meeting Date November 26, 2013 ITEM NUMBER Union Negotiations STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: As discussed at the last meeting, the City's union employees asked for two items outlined in the draft contract for 2014 and 2015: • A 3% pay increase each year. • $50/month more each year to cover insurance benefits. As this was agreeable to the Council, I cleaned up the draft text and it is ready for Council approval. I will then get signatures from the union folks. OPTIONS: STAFF RECOMMENDATION: By approving the Consent Agenda, the Council approves the 2014-2015 union agreement. AGREEMENT BETWEEN THE CITY OF LAUDERDALE AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES COUNCIL 5 January 1, 2014 - December 31, 2015 TABLE OF CONTENTS ARTICLE 1- RECOGNITION 3 ARTICLE 2- DEFINITIONS 3 ARTICLE 3- NON-DISCRIMINATIONATION 4 ARTICLE 4- UNION SECURITY 4 ARTICLE 5- MEET AND CONFER 6 ARTICLE 6- SENIORITY 7 ARTICLE 7- DISCIPLINE 8 ARTICLE 8- GRIEVANCE PROCEDURE 9 ARTICLE 9- NO STRIKE -NO LOCKOUT 11 ARTICLE 10- WORK SCHEDULES 12 ARTICLE 11- OVERTIME AND COMP TIME 13 ARTICLE 12- BENEFIT ELIGIBILITY 13 ARTICLE 13- HOLIDAYS 13 ARTICLE 14- VACATIONS 14 ARTICLE 15- INSURANCE 15 ARTICLE 16- WAGES 16 ARTICLE 17- AUTO ALLOWANCE 16 ARTICLE 18- UNIFORMS 17 ARTICLE 19- SICK LEAVE 17 ARTICLE 20- LEAVE OF ABSENCE WITHOUT PAY 17 ARTICLE 21- COURT DUTY 18 ARTICLE 22- MILITARY LEAVE 18 ARTICLE 23- ELECTION DAYS 18 ARTICLE 24- SCOPE OF AGREEMENT 18 ARTICLE 25- DURATION 19 ARTICLE 26- SAVINGS CLAUSE 19 ARTICLE 27- DRUG AND ALCOHOL TESTING POLICY 19 SIGNATURE PAGE 20 APPENDIX A: DRUG AND ALCOHOL TESTING POLICY 21 ARTICLE 1: RECOGNITION A. The employer recognizes the employee representative as the representative of all workers who are defined as public employees by Minn. Stat. 179A, excluding supervisory and confidential employees. B. If the EMPLOYER establishes new job classes within the bargaining unit, both parties agree to negotiate on wages. All other terms and conditions of this AGREEMENT will apply. ARTICLE 2: DEFINITIONS The following words and phrases will have the meanings given here and will apply throughout this policy. All other words and phrases used in this policy will maintain their generally accepted common meanings. A. ANNIVERSARY DATE -the month and date of an employee's initial hiring or promotion. B. DESIGNATED PERSONNEL REPRESENTATIVE (S) -city council member(s) who act(s) as liaison(s) between the employees and the city council on personnel matters. C. EXEMPT EMPLOYEE -employees to whom the federal Fair Labor Standards Act does not apply. Generally, administrative, executive and professional employees are exempt employees. D. IMMEDIATE FAMILY -the employee's spouse and children and the following relatives of either the employee or the employee's spouse: mother, father, brother, sister, grandparent, aunt, uncle, stepparent or legal guardian. E. INDEPENDENT CONTRACTOR/CONSULTANT -persons or firms hired by the City who determine their own hours of operation or use their own resources in the performance of their duties. Independent contractors and consultants are not City employees. F. NON-EXEMPT EMPLOYEE -employees to whom the federal Fair Labor Standards Act applies. G. OVERTIME -time worked by non-exempt employees in excess of 8 hours per day or forty (40) hours per week. H. PART-TIME EMPLOYEE 1) REGULAR PART-TIME EMPLOYEE -an employee retained on a non -temporary basis who works less than forty (40) hours per week on a regular schedule throughout the year. 2) NON -REGULAR PART-TIME EMPLOYEE -an employee retained on a temporary basis who works less than forty (40) hours per week on an irregular schedule throughout the year. I. REGULAR FULL-TIME EMPLOYEE -an employee retained on a non - temporary basis who works forty (40) hours or more per week on a regular schedule throughout the year. J. TEMPORARY OR SEASONAL EMPLOYEE -an employee retained to fill a full-time or part-time position which is of a provisional or seasonal nature. K. TERMINATION -a complete separation of an employee from City employment. Termination can be voluntary, through resignation or retirement, or involuntary, through discharge by the City. L. EMPLOYEE REPRESENTATIVE -The American Federation of State, County and M. STEWARD -A purposes of interest t members in Municipal Employees, Council S. n employee designated by the UNION for the communicating with the EMPLOYER on matters o either party; and representing bargaining the union grievance process. ARTICLE 3: NON-DISCRIMINATION of unit It is the City's policy to provide equal employment opportunity to all employees and applicants for employment in accordance with all applicable equal employment opportunity -affirmative action laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. ARTICLE 4: UNION SECURITY A. In recognition of the UNION as the exclusive representative: A.1 The EMPLOYER shall once each month deduct an amount sufficient to provide the payment of regular dues established by the UNION from the wages of all employees authorizing, in writing, such deduction on a form designated and furnished for such purpose by the UNION. The employer will deduct a "fair -share" fee according to Minn. Stat. 179A from the wages of those employees choosing not to join the union and provide the fair share fee to the union through an equivalent process. Only the duly certified exclusive representative shall be granted payroll deduction of dues and fair share fees for employees covered by this AGREEMENT. A.2 The EMPLOYER shall remit such deductions monthly to the appropriate designated officer of the UNION with a list of the names of the employees from whose wages deductions were made. 4 A.3 The UNION shall certify to the EMPLOYER, in writing, the current amount of regular dues to be withheld and any fair share assessments authorized by law. A.4 Such dues deductions shall be canceled by the EMPLOYER upon written request by the employee, at which time a fair share fee will be deducted as authorized by law. A.5 The EMPLOYER shall, upon request of the UNION, make available to the UNION a report listing all employees included in the bargaining unit as identified by the article herein titled "Recognition." Such report shall contain the name, classification, pay rate, work unit and mailing address of record. B. The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken under the provisions of this article. C. The UNION may designate certain employees from the bargaining unit to act as stewards and shall, within thirty (30) days of the execution of this AGREEMENT and upon occurrence of any change thereafter, certify to the EMPLOYER a current list of business representatives, officers and stewards who are authorized by the UNION to investigate and present grievances to the EMPLOYER. The EMPLOYER agrees to recognize such representatives for the purpose of investigating and presenting grievances to the EMPLOYER subject to the following stipulations: C.1 Not more than one employee representative (steward or officer) will be authorized time off with pay to investigate or present any one grievance matter to the EMPLOYER. Nothing in this clause is intended to limit the number of UNION stewards who may request to use their own time (vacation, compensatory, or time without pay) to investigate and present grievances. C.2 Employee stewards and officers may leave their work stations with the concurrence of their designated supervisor(s), and they shall notify their designated supervisor(s) upon return to their work stations. Concurrence of the supervisor to leave a workstation for UNION business will be limited to the investigation and presentation of grievances to the EMPLOYER. 5 C.3 One employee representative (steward or officer) of the UNION shall receive paid time off to participate in contract negotiations and meet and confer meetings. C.4 The EMPLOYER shall make reasonable adjustments to the workloads of employee representatives of the UNION who receive paid time off for UNION related activities under the provisions of subsections A, B, and C, above. D. Non-employee business representatives of the UNION as previously designated to the EMPLOYER as provided herein may, with concurrence of the EMPLOYER, come on the premises of the EMPLOYER for the purpose of investigating and presenting grievances. E. The UNION may use the EMPLOYERS facilities for UNION business with _prior approval of the EMPLOYER. F. The EMPLOYER agrees to allow the UNION to use designated bulletin boards for the purpose of posting notices of UNION meetings, UNION elections, UNION election returns, UNION appointments to office, UNION recreational and social affairs, arbitration awards, decisions of the Bureau of Mediation Services and the courts, and other items authorized by signature of union officers. All posted materials must be UNION publication or legibly signed by an authorized UNION officer. G.Nothing in this AGREEMENT shall be construed to affect the status of veterans in contravention of existing veterans preference laws relating to the employment, discharge or promotion of veterans. H. The EMPLOYER shall allow officially designated union officers a 20 -minute period within the new employee orientation period to brief new bargaining members on the union and to provide a copy of this AGREEMENT and any other official materials authorized by union officers. ARTICLE 5: MEET AND CONFER At least once each month or as often as mutually agreed upon, the parties will meet and confer to discuss non-negotiable items such as health and safety, work rules and procedures, and other items which are mutually agreed upon. iT1i �ijaOW:1=021kip to) 1.40 A. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment, re- employment or reinstatement. A.1 Seniority is not interrupted during the period an employee is on approved leave, including leave for UNION business or layoff, if the employee returns to active work status having complied with all the terms and conditions of this AGREEMENT and the conditions the EMPLOYER established in approving the leave. A.2 An employee appointed to a permanent position in the same job class and department as he/she was employed as a temporary employee shall have seniority for purposes of layoff and recall from the employee's most recent date of hire as a temporary employee, provided such temporary and permanent appointments are contiguous and sequential. B. Seniority lists shall contain the names of bargaining unit employees by class arranged in order of most to least senior. Upon request of the UNION, the EMPLOYER shall establish a seniority list for all bargaining unit members. C.The City Council may layoff any employee whenever such action becomes necessary in the city council's judgment, including shortage of work funds, the abolition of a position, or changes in organization; provided, however, that fourteen (14) days written notice be given if practicable. No regular or probationary employee shall be laid off while there is a temporary employee serving in the same class of position or for which the regular or probationary employee is qualified, eligible and available. Any regular employee, upon receiving a lay-off notice, may request to be reduced to a lower paid position within the same department if the lower paid position is vacant and the employee held the position previously. The request to be reduced must be submitted in writing within seven (7) calendar days of receipt of the notification of lay-off. Except in those instances where senior employees are not qualified to perform remaining work duties, seniority shall determine the order of: C.1 Layoff, (which shall be in inverse order of seniority with the City). C.2 Recall from layoff, (which shall be in order of seniority with the city, provided that if an employee does not return to work upon recall, as directed by the EMPLOYER or on an extended date mutually acceptable to the employee and EMPLOYER, he/she shall automatically have terminated his/her employment). Notice of recall from layoff shall be made by certified mail to the employees last known address as shown by the employer's records. The employee will have 14 days to respond to this recall notice before recall rights to the position are waived. D. The most senior employee with the minimum qualifications for an open position will receive first choice of whether or not to take that position. ARTICLE 7: DISCIPLINE A. The EMPLOYER will discipline employees only for just cause. The employer will follow the principle of progressive discipline wherever practicable. B. Discipline, when administered, will be in one or more of the following forms and normally in the following order: 1. Oral Reprimand 2. Written Reprimand 3. Suspension 4. Discharge or disciplinary demotion. C. If the EMPLOYER has reason shall normally not be done employees or the public. to reprimand any employee, it in the presence of other D. Written reprimands, disciplinary suspensions, disciplinary demotions or discharge of permanent employees may be appealed up to and through the arbitration step of the grievance procedure contained in this AGREEMENT. The employer will notify the union promptly of all such disciplinary actions. E. Investigations, which do not result in disciplinary actions, shall not be entered into the employee's personnel records. A written record of all disciplinary actions shall be entered into the employee's personnel record. All disciplinary entries in the personnel office record shall normally state the corrective action expected of the employee. E.1 An employee who is reprimanded in writing, suspended, demoted for disciplinary reasons, or discharged shall be furnished with a copy of notice of such disciplinary action. E.2 Employees shall have access to information contained in their personnel records in accordance with the provisions of the Data Practices Act, as mentioned. F.Employees will not be questioned concerning an administrative investigation of disciplinary action more serious than a written warning unless the employee has been given an opportunity to have a UNION representative present at such questioning. When mutually agreeable, the UNION shall have the right to take up a suspension, demotion, and/or discharge as a grievance at the second step of the grievance procedure, and the matter shall be handled in accordance with this procedure through the arbitration step if deemed necessary. G.Disciplinary action shall be taken in a timely manner. ARTICLE 8: GRIEVANCE PROCEDURE A grievance shall be defined as a dispute or disagreement raised by an employee against the EMPLOYER involving the interpretation or application of the specific provisions of this AGREEMENT. A. Step One: Oral report. The employee or union representative will discuss the grievance with his or her supervisor or the designated personnel representative within 10 working days of the incident or the time the employee learned of the incident. The supervisor shall give his/her oral or written answer within 10 working days after the employee or representative has presented the grievance. B. Step Two: Hearing. If the grievance is not satisfactorily resolved in Step one and the UNION wishes to appeal the grievance to Step two of the grievance procedure, it shall be referred, in writing, to the City Administrator within 10 working days after the designated supervisor's answer. The grievance appeal shall be initiated by means of a written grievance which shall set forth the nature of the grievance, the facts on which it is based, the provisions of the AGREEMENT allegedly violated, and the relief requested. The City Administrator shall discuss the grievance with the employee and the UNION within 10 working days after the date presented at a time agreeable to the parties. The City Administrator and/or his/her designated representative shall give written answer to the employee and the UNION representative within 10 working days following their 9 meeting, or two days subsequent to the next meeting of the City Council, whichever is greater. C. Grievance time frames may be extended with the mutual consent of the parties. If a grievance is unresolved at Step two, the parties may agree to seek a mediated settlement through Minnesota Bureau of Mediation Services. Any fees and expenses for the Mediator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. Employees who serve as such representatives or witnesses shall not be compensated at a rate in excess of their base pay rate. D. Step Three: ARBITRATION -If the grievance is not settled in accordance with the foregoing procedure, the UNION and employee may refer the grievance to arbitration within fourteen (14) calendar days after the employee and UNION'S receipt of the EMPLOYER'S written answer in Step two. The parties shall mutually agree upon an arbitrator. If the parties are unable to agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the "Rule Governing the Arbitration of Grievances" as established by the Public Employment Relations Board and administered by the State of Minnesota Bureau of Mediation Services. The arbitrator shall hear the grievance at a scheduled meeting subject to the availability of the EMPLOYER and the UNION representatives. The arbitrator shall inform the employee, the UNION representative and the EMPLOYER of his/her decision within thirty (30) calendar days following the close of the hearing or submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. Employees who serve as such representatives or witnesses shall not be compensated at a rate in excess of their base pay rate. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide 10 only the specific issue(s) submitted, in writing, by the EMPLOYER and the employee/UNION, and shall have no authority to make a decision on any other issue(s) not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The decision shall be based solely upon the arbitrator's interpretation or application of the express terms of this AGREEMENT and on the facts of the grievance presented. The parties may, by written agreement, agree to submit more than one grievance to the arbitrator provided that each grievance will be considered as a separate issue and each on its own merits. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYERS last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the employee and the UNION 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 written agreement of the EMPLOYER and UNION representatives involved in each step. The grievant shall not suffer loss of regular pay. The presence of the grievant is necessary at a grievance presentation meeting with the EMPLOYER or an Arbitrator, except where such grievance presentation meeting or arbitration hearing occurs during the period the grievant has been removed from his/her job for disciplinary reasons. ARTICLE 9: NO STRIKE -NO LOCKOUT A. In recognition of the provisions included in this AGREEMENT for a grievance procedure to be used for resolution of disputes, the UNION agrees that neither the UNION, its officers or agents, nor any of the employees covered by this AGREEMENT will engage in, encourage, sanction, support or suggest any strikes, slow downs, mass absenteeism, mass use of sick leave, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part of the full, faithful and proper performance of the duties of employment. Any violation of any provisions of this Article may be cause for disciplinary action up to and including discharge. 11 B.No lockout shall be instituted by the EMPLOYER during the life of this AGREEMENT provided Section A of this article is not violated by employees or the UNION. ARTICLE 10: WORK SCHEDULES The normal hours of work for all employees will be established by the City Council with specific work schedules subject to the City Council's approval. Department heads and supervisory employees are required to work all hours necessary to perform their duties. A. Part-time and Temporary Employees' Work Schedules. The City shall provide temporary, seasonal and non - regular part-time employees with an advance approximation of hours to be worked during the upcoming year at the time of hiring whenever possible. This approximation is not a guarantee of those hours but rather a guideline subject to change at the City's discretion. B. Rest Breaks. An employee is entitled to take one fifteen (15) minute rest break during each consecutive four (4)hour period of work with the permission of the employee's immediate supervisor. Rest breaks should be scheduled to avoid disrupting City business. An employee may take an unpaid 30 minute lunch break. C. Call Back. An employee called in for work at a time other than the employees' normal scheduled shift will be compensated for a minimum of two (2) hours pay. That compensation will be at straight time until total hours worked for the week exceeds 40 or in excess of eight (8) on any given day, at which time the employee will receive payment at the overtime rate. D. On Call/Standby. Employees required to remain on standby will be compensated for all hours worked, and will receive additional time at regular pay for each eight hours (8) hours on standby. Monday through Friday, employee will receive an additional one-half hour of regular pay for each eight (8) hours on standby. Saturday, Sunday, and Holidays, employees will receive 3.5 hours of regular pay for each day on standby. Employees who are on standby must be able to be within City limits as soon as possible and no later than 45 minutes when called, in normal circumstances. Standby duties may be contracted to an outside service provider at any time. 12 ARTICLE 11: OVERTIME AND COMP TIME A. All non-exempt employees are eligible for overtime pay. Overtime will be paid at a rate of one and one half times the regular hourly rate of pay for hours worked in excess of 8 on any given day or each hour worked over forty (40) hours in a given work week. Overtime work must have prior approval by an employee's immediate supervisor or the designated personnel representative except in the case of emergencies. B. All paid leave time shall be considered time worked for the purpose of computing overtime. C. Compensatory time off may be available to non-exempt employees at the City's option as an alternative to overtime pay. If available, non-exempt employees are eligible for compensatory time off at the rate of one and one-half hour for each hour worked in excess of forty (40) hours per week. Compensatory time off must be used within two (2) weeks of the date or dates on which it is accrued unless permission is received from the designated personnel representative(s) to use it on a later date. No compensatory time off is available unless the employee has received approval from his or her supervisor or the designated personnel representative(s) before the work is performed. ARTICLE 12: BENEFIT ELIGIBILITY Only regular full-time and regular part-time employees are eligible for benefits. Non -regular part-time employees, temporary and seasonal employees, and independent contractors and consultants are not eligible for benefits provided by the City. Regular full-time employees are eligible for full benefits. Regular part-time employees are eligible for holiday, vacation and sick leave benefits in proportion to the hours they work per week rated on the following scale: Under 20 hours per week Holidays & Sick leave at 1/4 benefits 20 to 30 hours per week 1/2 benefits 30 to 40 hours per week 3/4 benefits 40 or more hours per week Full benefits ARTICLE 13: HOLIDAYS The following days are observed paid holidays: New Year's Day January 1 Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May 13 Independence Day Labor Day Veteran's Day Thanksgiving Day The day following Thanksgiving Day Christmas Eve Day Christmas Day July 4 1st Monday in September November 11 4th Thursday in November 4th Friday in November December 24 December 25 A.Whenever one of the above holidays falls on a Saturday, the preceding day will be observed as a holiday. Whenever one of the above holidays falls on a Sunday, the following day will be observed as a holiday. B. Regular employees working a holiday will receive 2 times their normal rate of pay, in addition to any other premiums, overtime or standby pay. Employees may elect to receive part of this pay in compensatory time subject to supervisor scheduling approval. C. Personal Holidays: Full-time employees shall also receive one (1) personal holiday per year. The date of such personal holiday shall be approved by the EMPLOYER. Personal holidays shall be taken during the calendar year earned. ARTICLE 14: VACATION Vacation may be used as earned after the probationary period has been satisfactorily completed. Vacation is computed based on the employee's anniversary date. A. Accumulation. Vacation for regular full-time employees is accumulated as shown, based on the number of years of employment with the City: 0 through 5 years of service - 3.08 Hours per pay period to a maximum of 10 days per year. 6 through 10 years of service - 4.62 hours per pay period to a maximum of 15 days per year. Employees with more than 10 years of service with the City will accrue an additional .31 hours per pay period for each year of service starting the eleventh (11) year up to twenty (20) years. The maximum accrual for those with more than ten (10) years of service is 320 hours or forty (40) days. Employees may carry over twice their annual vacation -earning rate. Any unused vacation time in excess of this amount will be forfeited unless other provisions are made by the city council. Regular full-time employees must use at least five 14 (5) days of vacation time during each year of City. employment. The word "day" implies a nominal eight-hour shift. B. Requests. Vacation time must be requested at least forty- eight (48) hours in advance. Vacation requests must be approved by the employee's supervisor or the designated personnel representative and may be denied in the event of an emergency or if taking a vacation at that time would impair the City's ability to carry out its business. C. Legal Holidays during Vacation. Whenever a legal holiday falls on a working day during an employee's vacation, that holiday will not be counted as a vacation day. D. Terminal Leave. Any employee leaving the Municipal service in good standing shall be compensated for vacation leave accrued and unused to the date of separation. ARTICLE 15: INSURANCE All regular full and part-time employees may be covered by a group health, dental, life, short-term disability and long-term disability insurance plan as approved, from time to time, by the City Council. A portion of the monthly premium costs of such insurance plan may be paid by the Municipality, such portion to be negotiated by the EMPLOYER and the UNION. The -balance of the premium costs shall be paid by the employee. The Employer will also offer a deferred compensation plan. The Employer will provide, as part of the group insurance plan, basic life insurance coverage equal to the annual salary of the employee, up to $50,000 of annual salary. Additional units of life insurance may be purchased by the employee as permitted by the Insurance Carrier. Effective January 1, 2014, the Employer will increase by fifty dollars ($50.00) per month, its maximum contribution to the cost of group insurance. The City will contribute up to a maximum of eight hundred fifty dollars ($850) per month per employee for group health, dental, life, short-term and long-term disability insurance. Effective January 1, 2015, the Employer will increase by fifty dollars ($50.00) per month, its maximum contribution to the cost of group insurance. The City will contribute up to a maximum of nine hundred dollars ($900) per month per employee for group health, dental, life, short-term and long-term disability insurance. 15 DEFERRED COMPENSATION Should an employee have their primary insurance provided by an outside entity, such as a spouse's employer, the employee may elect for contributions to a deferred compensation fund in an amount based on benefit eligibility. Each month, the Employer shall pay into full time employees' deferred compensation funds an amount equal to the cost provided for group insurance as described on page 15. Part time employees' deferred compensation will be proportional to their benefit eligibility. At no time can the cost to the Employer for insurance plus deferred compensation exceed the maximum insurance contribution defined on page 15. In order to qualify, the employee must provide proof of insurance. The deferred compensation contribution will end if the employee rejoins the employers' group health insurance program. ARTICLE 16: WAGES Step System: Employees shall receive a one step increase at 6 months, and another step at the anniversary of their first year of employment. Employees will receive a one increment increase annually thereafter upon the anniversary of their hire up to the 5th step. 2014 Pay Increase: Employees shall receive a 31 pay increase effective January 1, 2014. 2015 Pay Increase: Employees shall receive a 3% pay increase effective January 1, 2015. ARTICLE 17: AUTO -ALLOWANCE Employees authorized to use their personal vehicles on City business will be reimbursed for vehicle expenses at rates set under federal guidelines or by the city council by separate contract. When employees possess specialized equipment (snowplows, bobcats, etc.), the City cannot require employees to donate the use of that equipment, and must negotiate a rental fee that is acceptable to employees. ARTICLE 18: UNIFORMS The employer will provide appropriate uniforms, outer clothing and footwear required by OSHA to field workers (pants and shirts). 16 ARTICLE 19: SICK LEAVE Sick leave may be used as earned upon appointment to City employment. A. Accrual. Sick leave will be accrued for all regular full- time employees at the rate of one (1) day per calendar month and may be accrued to a maximum of ninety (90) days. B. Use of Sick Leave. Sick leave may be used only in the event of personal illness, legal quarantine, disability or emergencies such as death or serious illness in an employee's immediate family. An employee must request sick leave from his or her immediate supervisor before the start of the employee's workday on each day -sick leave is used. An employee may be requested to file a physician's statement, signed by the physician and the employee, indicating the nature of his or her illness. An employee may use available sick leave to attend to his or her sick minor child for as long as is reasonably necessary. C. Use for Funerals. An employee may use up to three days of sick leave as funeral leave. Funeral leave must be taken on consecutive working days, one of which is the day of death or the day of the funeral. Any deviations from this policy will be at the City Administrator's discretion. D. Upon separation of employment from the Employer, for any reason other than discharge for just cause, the employee or their designated beneficiary shall be paid one-half (1/2) of all unused accumulated sick leave, provided that the employee has ten (10) years of continuous service with the employer at the time of separation. ARTICLE 20: LEAVE OF ABSENCE WITHOUT PAY Upon request, a leave of absence without pay may be granted by the City Council for a period of up to ninety (90) days. No benefits will accrue or be paid out during a leave of absence without pay. Accrued vacation time may be paid out upon request of the employee. This is with the understanding that the vacation is paid out according to the regular pay schedule over regular pay periods, which is the same scenario used to pay for all vacation days earned by the employees. An employee may elect to continue insurance benefits coverage during a leave of absence at the employee's expense. When special circumstances exist, the City Council may, upon request, extend a leave of absence. ARTICLE 21: COURT DUTY 17 Any regular full-time or regular part-time employee who is required to serve as a juror or as a witness in court regarding City business shall be granted leave with pay while serving in such capacity. Upon completion of jury duty, the employee shall reimburse the City for the amount of jury duty pay, less the amount received for traveling expenses. ARTICLE 22: MILITARY LEAVE All employees subject to Minnesota Statute Section 192.26 or 192.261 or U.S.C.A., Title 38, Section 2021 are entitled to the benefits and conditions listed therein. ARTICLE 23: ELECTION DAYS Any employee who is entitled to vote in any statewide general election or at any election to fill a vacancy in the office of representative in Congress, may absent himself/herself from his/her work for the purpose of voting during such election day for a period not to exceed two (2) hours without deduction from salary on account of such absence, provided the employee has made prior arrangements for the absence with the EMPLOYER. Any employee making claim for time off for voting and not casting a ballot or utilizing the time off for unauthorized purposes shall be subject to disciplinary action. ARTICLE 24: SCOPE OF AGREEMENT A. This AGREEMENT shall represent the complete agreement between the UNION and EMPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. B. Therefore, the EMPLOYER and the UNION, for the life of this AGREEMENT each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this AGREEMENT or with respect to any subject or matter not specifically referred to or covered in this AGREEMENT, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this AGREEMENT. 18 ARTICLE 25: DURATION A. This contract shall become effective January 1, 2014 and shall continue in full force and effect up to and including December 31, 2015. B. Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this contract, are hereby superseded. C. Either party desiring to terminate or modify this contract must notify the other party in writing at least thirty (30) days prior to December 31, 2013 for wages and conditions of employment for calendar year 2014 or beyond. A notice of desire to modify this contract shall set forth specifically all proposed modifications sought by the party and all clauses of this contract for which no modification is sought shall be renewed automatically. D. Negotiations with respect to proposed modifications may commence at any time after notice of proposed modifications has been given. ARTICLE 26: SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and Ramsey County. In the event any provisions of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. Upon written request of either party, the parties shall meet and negotiate on a substitute provision for the voided provisions. ARTICLE 27: DRUG AND ALCOHOL TESTING POLICY The UNION agrees to the City's Alcohol and Drug Testing Policy as referenced in previous contract negotiations. See Appendix A 19 By: Dated: Christi Nelson, AFSCME Co. 5, Business Representative By: Dated: David Hinrichs, Public Works Coordinator, City of Lauderdale CITY OF LAUDERDALE By: Dated: Jeff Dains, Mayor, City of Lauderdale By: Dated: Heather Butkowski, City Administrator, City of Lauderdale 20 APPENDIX A ALCOHOL AND DRUG TESTING POLICY Purpose The City is committed to the health, well being and safety of its employees and property. All employees have a responsibility to report to and be at work in a fir condition to perform. This policy has been established for the purpose of providing a safe work place for all, and to comply with the Drug Free Workplace Act. Policy The use, possession, distribution, manufacture or sale of alcohol or illegal drugs anywhere at work on City time, on City property, or in City vehicles is prohibited and considered a willful violation of City policy which can result in suspension or discharge. Drug and alcohol testing of both blood and urine may be conducted under the circumstance set forth below. The City will use Minnesota Rule 4740.1075 through 4740.1090 for minimum standards of alcohol and drug detection limits. Specifics: 1. Applicants. All acceptable candidates who have been offered employment for full and part time positions in areas where physicals are required, will be required to undergo a drug test as part of the placement procedure. This test will only be used to detect illegal drugs, or their metabolites. We will notify and applicant of test results and, subject to the provision of #7 below, will withdraw an employment offer from anyone who tests positive. 2. Employees may be required to undergo drug and alcohol testing at one of the nearest Medical Centers if there is reasonable cause for suspicion to believe that the employee is under the influence of drugs or alcohol and: A. Has violated written work rules prohibiting the use, possession, sale or transfer of drugs or alcohol while working, while on City premise, or while operating City vehicles, machinery or equipment. B. Has sustained a personal injury requiring medical care, or has caused another employee to sustain an injury requiring medical care. C. Has caused a work related accident or was operating or helping to operate equipment, machinery or a vehicle involved in a work related accident. Employees will be driven to one of the nearest medical centers by their supervisor or the City Administrator. The medical center 21 will take the urine or blood sample, and will forward the sample to the laboratories for testing. 3. An employee must notify his/her supervisor within 5 days of any arrest or conviction under any criminal drug statute. If an employee has been convicted under any drug statute, s/he will be requested to pursue the requirements in #4. 4. Any employee may be required to undergo drug or alcohol testing if that employee has been referred by the City for chemical dependency treatment or evaluation and has been found to be chemically dependent. The employee may be required to undergo testing, without proper notice, during the period of evaluation or treatment and for up to two years following completion of any prescribed chemical dependency treatment program. 5. Applicants and employees may refuse to submit drug/alcohol testing; however, a refusal to submit to required testing will be grounds for immediate suspension with intent to terminate. Offers of employment will be withdrawn from applicants and employee who refuses testing. 6. Before testing is conducted, employees or applicants must state on a written form if they have seen the City policy and note any over-the-counter and prescriptions medications they are taking to have recently taken plus any other relevant information. This form will be given to the clinic at the time of testing. 7. The City Administrator or designee will receive the results of the drug and alcohol tests. Results of testing will be reported in writing to the employee or applicant within three working days of receipt by the City. If the test results is positive, the City will inform the employee or applicant in writing of his/her right to: A. Provide any additional information to the City within three working days upon receiving results of tests, that could explain the positive test result. B. Receive a copy of the test result report. C. Retest the original sample at their own expense provided they inform Administration within five working days after receiving notice of the positive test result. 8. A positive test result which has been confirmed indicating the presence of illegal drugs, alcohol, or non -prescribed drugs may result in termination, subject to the following: IFN A. An employee who tests positive for the first time will be given the opportunity to participant in, at the employee's own expense or pursuant to coverage under the employee's benefit plan, a counseling or rehabilitation program after consultation with the City Administrator. B. The employee may discharge for any of the following reasons: 1. The employee tested positive on a previous occasion in a work related incident. 2. The employee refuses to participate in a chemical dependency or rehabilitation program recommended by the City Administrator 3. The employee fails to successfully complete chemical dependency counseling or a rehabilitation program. 9. If an employee is called out for a City emergency and is suspected of being under the influence of drugs or alcohol, s/he will not be subject to the testing procedures of this policy if s/he is suspected of being under the influence of drugs or alcohol. However, s/he will not be allowed to work, and will be sent home. 10. Results of test and other information acquired in the drug and alcohol testing process will be treated as private and confidential information. The employee tested and the City Administrator or designee will be told the result of the testing. If a positive result is confirmed, the City Administrator or council designee and the employee's supervisor will be notified. Results will be disclosed to no one outside of the City unless required by law or unless released of information is requested by the employee. 23 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date November 26, 2013 ITEM NUMBER St. Paul Water Board STAFF INITIAL Yh APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: After all of the discussions we had regarding this issue, I think there is finally resolution. A copy of the revised agreement with Maplewood, West St. Paul, and Falcon Heights is at- tached. It was also reviewed by city attorney, Ron Batty, since he needs to sign it. At the end of the day, Lauderdale will appoint someone to the St. Paul Regional Water Board for a three year term in 2017. That should give us a good amount of time to find someone! OPTIONS: STAFF RECOMMENDATION: By approving the Consent Agenda, the Council approves the Agreement for Suburban Rep- resentation Selection Process to the Board of Water Commissioners as presented. COUNCIL ACTION: AGREEMENT FOR SUBURBAN REPRESENTATION SELECTION PROCESS TO THE BOARD OF WATER COMMISSIONERS This agreement, made and entered into as of this day of by and between the Cities of Falcon Heights, Lauderdale, Maplewood, and West St. Paul, municipal corporations under the laws of Minnesota (hereinafter referred to as "Suburban Cities"). WITNESSETH: 2013, WHEREAS, the Board of Water Commissioners (hereinafter referred to as the "Board"), is a municipal corporation organized under the 1885 Laws of the State of Minnesota, Chapter 110, which laws originally provided for a five (5) member governing commission; and WHEREAS, the Saint Paul Charter Commission and Saint Paul City Council have authorized that the composition and governance of the Board of Water Commissioners be enlarged and changed so as to allow for representation by suburban municipalities that have contracted with the Board for the provision of water services, as more fully explained in Saint Paul City Council Resolution No. 96-1365, which is attached hereto as Exhibit "A"; and WHEREAS, prior to January 1, 1998, the Board of Water Commissioners consisted of five total members: three (3) Saint Paul City Council members appointed to two (2) year terms by the Mayor of Saint Paul, and two (2) at -large Saint Paul citizen members appointed to four (4) year terms by the Mayor of Saint Paul; and WHEREAS, in a contract with the City of Maplewood for the provision of water services, Maplewood and the Board agreed to enlarge Board membership to six total members with the additional member representing the City of Maplewood, as more fully explained in the following (Article I, Section 3): In accordance with the terms of the proposed amendment to the Saint Paul City Charter the Maplewood representative on the Board of Water Commissioners will be a resident of the City of Maplewood appointed by the Mayor and City Council of Maplewood and who shall serve for a term of four (4) years. The appointment by Maplewood will be made by January 1, 1998. In the event of a tie vote on any issue, the Mayor of Saint Paul shall be considered an ex officio member of the Board with the right to vote to break the tie vote; and WHEREAS, in Article 1, Section 4 of the same Maplewood Agreement, the Board agreed to seek to enlarge the Board membership to seven total members in the event that other suburban cities enter into similar agreements with the Board, as more fully explained in the following: In the event that at least three (3) additional suburban cities enter into agreements with the Board that are similar to this Maplewood Agreement, Water Board membership will be expanded to seven (7) members. The two (2) non -Saint Paul resident members will thereafter represent all of the suburban cities, including Maplewood. In the event that the total of residential accounts plus commercial and industrial accounts (excluding auto -fire accounts) of communities outside the City of Saint Paul and served by agreements similar to this Agreement exceed forty-three percent (43%) of the total Board's accounts, the number of Saint Paul appointees will be changed to four and suburban representation to three; and WHEREAS, the Cities of Falcon Heights, Lauderdale and West St. Paul have executed agreements similar to the Maplewood Agreement, and therefore are entitled to seek and expand Board membership to a total of seven members in order to increase the suburban representation on the Board; and WHEREAS, the parties to this Agreement are desirous of jointly and cooperatively developing a plan to select the present and future suburban representatives 2 to the Board of Water Commissioners; and WHEREAS, the parties have previously entered into a ten year agreement for representation on the Board, said agreement dated September 16, 2002; and WHEREAS, the parties now wish to extend for an additional ten year period said agreement with new terms for representation. NOW, THEREFORE, the parties hereto do hereby jointly agree to the following: SECTION I. GENERAL PURPOSE It is the general purpose of the parties to this agreement to jointly and cooperatively develop a plan to appoint the original suburban representative(s) to the Board of Water Commissioner and to select replacement representative(s) for appointment following the term expiration(s) of the original representative(s) or in the event that a suburban representative is unable to complete a term, SECTION H. SELECTION OF SUBURBAN REPRENTATIVES TO THE BOARD OF WATER COMMISSIONERS The parties agree that the two suburban representatives shall be selected on the following basis and according to the following terms: The two suburban seats shall be designated as Seat A and Seat B. 2. The City of Maplewood shall appoint a representative to the Board, designated as Seat A, and said appointee shall serve as desired by the Maplewood City Council throughout the term of this agreement. The second suburban representative shall be designated as Seat B, and shall consist of two three -year terms and one four-year term with the first term commencing January 1, 2014 and ending December 31, 2016. Representation on Seat B shall be rotated among the suburban representatives in the following order: a) West St. Paul (2014 — 2016) b) Lauderdale (2017 — 2019) C) Falcon Heights (2020 — 2023) 4. The parties agree that in the event an additional suburban community enters into a Water Service Agreement similar to those agreements executed by and between the Board and the cities of Falcon Heights, Lauderdale, Maplewood and West St. Paul, that this agreement may be amended to include any such additional communities, which communities shall be subject to the same terms and conditions as the original communities. Maplewood hereby acknowledges that should additional cities join, Seat A may not remain an exclusive seat for Maplewood. 5. Vacancies — the parties agree that a vacancy on the Board of Seat B shall be filled by the City currently holding the appointment and shall be for the period remaining in the three year term. 6. Duration —the parties agree that the term of this Agreement shall continue until December 31, 2023, unless otherwise amended as provided herein. 7. Amendment — the parties agree that this agreement may be amended upon such terms and conditions as may be mutually agreed to in writing by all of the suburban communities currently represented on the Board of Water Commissioners at the time of amendment. 0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf respectively as of the day and year first above written. FORM APPROVED: I• BY: mm City Attorney City Attorney City Attorney BY: City Attorney 5 CITY OF FALCON HEIGHTS BY: Mayor BY: City Administrator CITY OF LAUDERDALE BY: Mayor BY: City Administrator CITY OF MAPLEWOOD BY: Mayor BY: City Manager CITY OF WEST ST. PAUL BY: Mayor BY: City Manager �. Council Fi 1 e,i \3 0 ` Ordinance # Green Sheet n ORDINANCE CITY:,: F SAINT PAUL, MINNESOTA 39 Presented By Referred 7o Committee: Date 1 2 3 An ordinance enacted pursuant to Minnesota 4 Statutes, Section 410.1.2, Subdivision 7, 5 amending Section 1.5.03 of the Saint Paul City 6 Charter. 7 8 The Council of the City of Saint Paul Does Hereby Ordain: 9 10 Section 1 11 12 That in accordance with, the authority granted to the City 13 Council pursuant to Minnesota Statutes Section 410.1.2, 14 Subdivision 7, and upon the recommendation of the Saint Paul 15 Charter Commission, Section 15.03 of the Home Rule Charter for 16 the City of Saint Paul be. and is hereby amended to read as 17 follows: 18 . • . 19 Sec. 15.03. Hoard of water commissioners. 20 f.-}Xt. }:t}}vJ•.:i....r....:...vr tY 4 s vn X} y t } S¢: }rr r $Y }}yt:ta'bd! Yl}.': v ytiY ti: ua tti. 21 '3exe s#ls�k►,eboa�ticx,�y�abi�omm�r5Pvado~ }}xr.{: Y :! }.::: }}, :}} v } x } a..tf k t {d rk ?a dk Fk x:.:oxt oMfg 22 # #{ }p.�L e k app axx�,te %,r r :]. a s x r tc s�xL. VAN; ��Ss x'?n ' !h �• {•}.-:tf$}:•:.�' } } !t• t,.} { t, 4 f {•3,{r } .k '• h 23 wx k > a R].i 4f� `the U -,"I, Gl�z �lia#1 b 24 k� r f�bvrkk<?ry;o'�5ti # s; >Nt.:{azsscde ;ot,ex :•.i; i;.,`t :.::. •-. •.:'i{vl•.G ..,, 'k i r • >�i r y.;,�Lt~L • '3�� � h 't -t,. } 1 25d$is:w. ,fzcac t :c�c}:}�`yi�eitzbe:':scl?:s $`:�1ae: s:x�ebt k i:: >}' "XII: •: Yx :� };k,•>•-'fh'- -x4}xrlY ' rr # nr,•h .} L•l4r..; i }t;=? r. wt : v;?i +2 •ty :.: 26�i?e.:£rS2c:?zzt�hcrS(,d cYr}��r{:x•. Lc '�e; L:c yi ,ty `�} f}� {} w4 pkv}? t �L{t. 27m�.oa:�� l'lt<:t::$rbrta'1,sdn k•:} v #wt. 4+ h :4 ? �fi x x, K L}rr .7...:..}}< rL y tc r' r S%ry� l • J fi�thv� ra}:y } 28 �.'• :, . <„rrravuSubLv:v.cAk%y>?r::t, c fid': s'� kie 1 '1i k} k S : {ff +t ^,t 29�ao need �.xx fth�mangxo�x; I There- small.-be-a-beard-e€-water-eemmissieners-eempesed-ef'-fives' 2 45�-members -appeinted-by- the -mayer-and-appreved-by-the-eeuneil- 7:�,`�JZlp 3 Three -43�-members - shall -be-members-e€- the -eity-eetineil-and-serve 4 terms -te-eeineide-with-their-eleeted-term-a€-a€€iee:-Twe-{2} 5 members - shall -be -resident -eiti.zens-e€-Saint -Paul-whe-held-ne 6 ether-eity-a€€iee-er-eity-empleyment:-Eaeh-shall-serve-€er-a-term •7 o€-€eUr-44}-years;-exeept-that-ene-e€-the-twe-{2�-members-€irst 8 appeinted-shall-serve-€er-a-term-a€-twe-{2}-years--A-eitisen 9 member- appointed- te-€ ill -a-vaeaney- shall - serve- €er-the-unexpired 10 term: -The -beard-shall-eleet- annually- ene-o€- its -members -to-be 1.1 president-e€-the-beard-and-ene-e€-its -members -viee-president ;-and 12 it-may-make-bylaws;-rules-and-regulatiens-€er-its-gevernment-net 13 ineensistent-herewith;-subjee.t-te- the -approval -of -the -eity 14 eeuneil:-The-eempensatien•,-e€-the-beard;-i.€-any;-and-the 15 eemgensatien-e€-all -of€ieers-and-empleyees;-shall -be-€fixed-by-the 16 eity-eeuneil7 17 18 Employees-,, of the board shall be considered employees of the 19 City of Saint Paul. Except as modified by this Charter -or state 20 law, the board and its employees shall in all respects be subject 21 to and subordinate to all provisions of this Charter and the 22 ordinances and resolutions enacted in pursuance thereof. 23 24 The board of water commissioners shall exercise all - 25 authority for the operation of the water utility as provided by 26 Chapter 110, Special Laws of Minnesota for 1885, which is 27 incorporated herein as fully and effectively as if set forth 28 herein verbatim. 29 30 Section 2 31 32 This ordinance shall take effect and be in force ninety (90) days 33 from and after i.ts adoption, approval and publication unless 34 within 60 days of its passage and publication a petition 35 requesting a referendum on thzs- ordinance, is filed with the City 36 Clerk. 37 Adopted by Council: Date Adoption Certified by Council Secretary By: A\ ==, ;4 L Approved by Mayor: Date L By; —)kx, Vug p1p leurm DEC 281996 Requested -by Department of: Water Utility BY: General Manager Form Approved by City Attorney By: v� Approved by Mayor for Submission to Council By. ACTION REQUESTED Consent X LAUDERDALE COUNCIL MEETING DATE November 26, 2013 Special Public Hearing ITEM NUMBER SCORE Funding for Recycling Program Report Discussion/Action Resolution X STAFF INITIAL Jim Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling legislation based on the recommendations of the Governor's Select Committee on Recycling and the Environment. This set of laws, commonly referred to as SCORE, is a part of Minnesota's Waste Management Act. The SCORE legislation has provided counties with a funding source to develop effective waste reduction, recycling and solid waste management programs. SCORE funding grants are automatically provided to municipalities in Ramsey County on an annual basis with submittal of a grant application. In 2013, Lauderdale received $4,939 to help cover expenses related to the City's recycling. program such as administration, promotion, equipment, and collection. Lauderdale is eligible for $4,975 in 2014. A resolution is required as part of the grant application. Adopting the enclosed resolution means the city accepts the funding. A grant agreement should be ready for signing in January. OPTIONS: • Adopt the prepared resolution as part of the consent agenda. • Remove from the consent agenda for discussion and action. STAFF RECOMMENDATION: By approving the consent agenda, the Council is adopting the attached resolution. COUNCIL ACTION: RESOLUTION NO. 112613C CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION ACCEPTING 2014 SCORE FUNDING FROM RAMSEY COUNTY FOR THE LAUDERDALE RECYCLING PROGRAM WHEREAS, SCORE Funding Grants are available to municipalities in Ramsey County for reimbursement of expenses related to administration, promotion, and collection of, recycling materials; and, WHEREAS, the City of Lauderdale has a comprehensive curbside residential recycling program currently in use; and, WHEREAS, these funds will provide Lauderdale with a method of paying for some incurred costs related to the administration of this program, thus aiding in keeping the cost to the residents low; NOW THEREFORE, BE IT RESOLVED that the Lauderdale City Council does hereby authorize staff to submit an application to the St. Paul - Ramsey County Department of Public Health - Environmental Health Section for allocation of 2014 SCORE Funding Grant Monies in the amount of $4,975.00. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Lauderdale on this 26th day of November, 2013. Jeffrey Dains, Mayor (ATTEST) Heather Butkowski, City Administrator (SEAL) ACTION REQUESTED Consent X LAUDERDALE COUNCIL MEETING DATE November 26, 2013 Special Public Hearing ITEM NUMBER PCIC Minutes Report Discussion/Action STAFF INITIAL Jim Resolution Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Attached are the minutes from the Park & Community Involvement Committee meeting of October 14, 2013. OPTIONS: 1) Approve as consent item. 2) Remove from consent for discussion. STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges receipt of and placing on file the attached minutes of the Park & Community Involvement Committee. COUNCIL ACTION: 10/14/13 PCIC Minutes MINUTES MONDAY, OCTOBER 14, 2013 PARK & COMMUNITY INVOLVEMENT COMMITTEE 1. CALL TO ORDER 6:44 p.m. 2. ROLL CALL Members Present: Matt Eisenschenk, April Brandt, Annie Downing, Trygve Hansen, Members Absent: Monica Gallagher, Nate Downing, Marilyn Smith Staff & Council Present: Jim Bownik Others Present: 3. APPROVAL OF THE AGENDA Hansen motioned to approve the agenda, second by A. Downing. Motion carried unanimously. 4. APPROVAL OF MINUTES OF SEPTEMBER 16, 2013 MEETING A. Downing motioned to approve the minutes, second by Hansen. Motion carried unanimously. 5. REPORTS A. Fun Run/Walk Wrap Up The Committee discussed the event including number of participants, race results, financial sponsors, and volunteers. Bownik reported 70 people participated this year, compared to 97 in 2012. Each city netted $417.45 in revenue, compared to $323.05 in 2012. Sponsors included Lauderdale Wellness Center, Finn Sisu, and Personal Fitness Systems. Bownik thanked Smith and Brandt for helping with the race. 6. DISCUSSION/ACTION A. Halloween Planning #2/2 (Thursday, October 31, 5-7 p.m.) The Committee discussed final details of the event including set up, food and drink, donations, supplies, the maze, and assignments. Set up is. Sunday, Oct. 27, from 12-4 p.m. Bownik said he will be working on confirming and recruiting people for assignments as needed. No changes are planned to the menu or activities. 1 10/14/13 PCIC Minutes 7. OTHER BUSINESS A. Membership Update Trygve Hansen has announced he is resigning from the Committee because he and his family are moving to St. Anthony Park. The Committee thanked him for his contributions as a member, as chair, and as vice -chair. 8. SET PRELIMINARY AGENDA FOR NEXT MEETING Eisenschenk read the preliminary agenda for the next meeting. 9. SET DATE FOR NEXT MEETING The committee meets on Mondays at 6:30 p.m. The next meeting will be Monday, December 16 at 6:30 p.m. 10. ADJOURNMENT Hansen motioned to adjourn the meeting, second by A. Downing. Motion carried unanimously and adjourned at 7:26 p.m. Respectfully submitted, Jim Bownik Assistant City Administrator / PCIC Staff Liaison E LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date November 26, 2013 ITEM NUMBER 2014 Budget and Levy STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Before adopting the budget and levy, a public hearing must be held. November 26 was the day established for this "Truth -in -Taxation" hearing (TNT). Notice of property taxes for 2014 were sent by the County a week or two ago. We rarely have anyone speak at the TNT hearing and with all but 21 properties seeing a property tax reduction, I expect that will hold true this year as well. The notices people received do not appear to show the impact of the school referendum that was passed in early November so the anticipated savings will be less. If you get any questions regarding this, direct them to the school district office. In addition to minor tweaks, a few changes have been made to the budget since September. The budget reflects the agreement reached regarding the union contract; I originally budget- ed for a two percent increase. The City will owe taxes on 2430 Larpenteur in 2014; those are budgeted in Fund 402. The recycling and sewer funds reflect the Council discussions of the previous meeting. During the last legislative session the sales tax exemption for cities was reinstated. By law, the Council has to identify how the anticipated savings are going to be used. Staff calculat- ed the City would have saved $1,200 in 2012 if the law were in effect so that is the number we work from insetting this budget. In reality, this is less than .01% of the operating budget for next year and inconsequential to the budgeting process. You could say it is being used for almost anything in the budget. Maybe the easiest is that the money is being set aside for future reinvestment in the City (by way of the $38,000 you are setting aside for future devel- opment projects). I attached a couple of reports from Ramsey County showing how Lauderdale compares to the other City's in the county. STAFF RECOMMENDATION: I will give a presentation at the start of the discussion. After that the Council can take public comment regarding the budget. Staff will bring the resolution setting the levy and the final budget to the next meeting for approval. N M O V N r N co r N M N M M N r M 00 Co Co O Co O M� O N O OM M a `- V 00 N L N M Cl)ON O C0 N O 0OMNw O V N �MM(0 0 O M 0 0 h 0 e M O N N � 00 W N O M r- 01 O CO N L0 V 0 m V' N O to 0 (D e r L000 N M 0) N Cl)O`- V M M L0 V M N t� O N Lo M N to M O M N L0 Lo M 01 n O 01 (D O V O O� M O n 0 N u M. co N co Lo .- O h M M N, M N c- N U It M V 00 O — O M N V N (0 O O V V m 00 Lo M t- M n •! 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(D w N w N w N t0 N w N N w N N N (D (D (D N (D co N N O N N (D (D N w N N (D (D N tV (D t0 N w co N N w N N w w N N wtD N N tD tD I I wY N O L m- J0 FC m O N Jc m=mV0 m > Co c mw c mc _C LJ 13:—L J Z Z Z0 y co U) n �I M C� bA O at p N F N tp M d d d M (A M E71 M O O N M O N N M tC N O Co M 0 N r 00 r h r M00 N v M O O N N N N NM v- M v W) O O N (O r r r � N W U F bR � � � T v �� � � � r w r Co M N Co 1` tC LD 00 w t, r O CF) co to r N N Co r N N' ti O o [� t M t0 tl3 r r 00 M 00 M I g r N N N p T O (t) O 1 M O Lo i 'O = O � o o��� \\ 0 0 0 0 0 o 0\\ o o i Lo to M t- 1- N N N N O O (U (q N N N OR to O 0> O O O 0 6 6 O co 6 Ch M r r r In CM M'T 'T Ej p CV T - M 1 i t~ j 0 O I� �00-M N (q o op\j o 0 o 0 0 - 0 0 o 0 0 0 0 0 0 r O � O M co cl' � d' to (D LO O r ti r' m N � V2 Oi r r N N M cM N� CU (V M N N r O r 1� CV T- In In c� O d � � C cl U Z e o o\ \\ o 0. � o\\ o o .-o 0 0 0 o N � .0- 0 o o c c 0\\\ o 0 o o o o\ o c o \\ 0 0 o o CV V O r G O O I- t- Co Co I- O O In O (O (O Cl! c- r- O M U V 00 00 C:, O N I� I� Ch L? 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O O O Cl O O O O O O O O O O O O O O 'b O O O O O O O LO O O In 0 0 O O O O d O 00 CO CO O O CO N O 00 to LO _ CA �- : d C7 M _ d (6 r,: L r,: L6 - O [1 C6 t, Cr N N O N m O Lr) U) O O M O N N M N N m r- O N O T- O N EA N N v- a U w d Cl O .�. > 00 0 0 0 0 O Cl O O O O O O Cl O O O O N b O O O LO O O O O O Cl LO 0 0 O O O O _ 0) t- M_ I- _ _ N M N O V O 1 � N= I- M (D V)w � CO CO m to C5 T- ti __ M N CO O M N d' M M O m N �- N O O O O CA O 'T 00 N N M N N (O T- N CO T- O Ef} N N T- N �- �- �- r r- e- �- a U w �- CO M IT M M "T N M IT N 'I N v- M N U) e- M ,meq N N N N N N N N N N N 00 N N N N N N 00 N N N N N N N N (D O O (D O (O CO (D (O (O (D N (O (O (O (O (0 (O N Co CD CD (O (O (O (O (O Y C >i M 75 N 'N N p G Y d T N fQ (Q ,� (� 2 =(o p� U ,rn co N = J N m m C J N L% C m O > N C (Q CT C (0 C N N m� m m o o 0 o aa� w, Q LL CD J J 12 Im ani Z Z lz ix m NET TAX LEVY COMPARISON FINAL PAYABLE 2013 LEVY VS. Proposed PAYABLE 2014 LEVY (Ramsey County Portion Only)* Prepared by: Ramsey County, Property Records & Revenue, Property Tax Services NET TAX CAPACITY LEVIES MARKET VALUE BASED LEVIES Final Proposed Final Proposed Payable 2013 Payable 2014 Payable 2013 Payable 2014 Percent Market Market Percent Taxing Authority Net Tax Levy Net Tax Levy Chane Based Levy Based Levy Change Ramsey County $266,147,110 $265,928,122 -0.1% NA NA NA County Library 10,391,241 10,610,229 2.1% NA NA NA Total County $276,538,351 $276,538,351 0.0% City or Town Arden Hills $3,191,230 $3,289,027 3.1% $0 $0 0.0% Blaine 168,436 166,140 -1.4% 2,543 2,433 -4.3% Falcon Heights 1,084,007 1,083,850 0.00 0 0 0.0% Gem Lake 254,942 399,539 56.7% 0 0 0.0% Lauderdale 610,115 616,215 1.0% 0 0 0.0% Little Canada 2,712,864 2,794,384 3.0% 0 0 0.0% Maplewood 17,835,640 18,283,210 2.5% 692,760 615,760 -11.1% Mounds View 4,000,381 4,128,823 3.2% 181,000 178,000 -1.7% New Brighton 7,388,308 6,870,308 -7.0% 0 0 0.0% North Oaks 1,253,459 1,291,062 3.0% 0 0 0.0% North St. Paul 2,958,536 2,955,828 -0.1% 415,188 479,848 15.6% Roseville 16,444,826 17,203,721 4.6% 825,000 825,000 0.0% St. Anthony 1,577,268 1,618,129 2.6% 0 0 0.0% St. Paul 101,207,852 101,207,852 0.0% 0 0 0.0% Shoreview 9,604,567 9,919,154 3.3% 0 0 0.0% Spring Lake Park 67,844 69,725 2.8% 0 0 0.0% Vadnais Heights 3,579,662 3,686,463 3.0% 0 0 0.0% White Bear Lake 4,663,438 4,662,756 0.00 0 0 0.0% Town of White Bear 2,804,002 2,910,000 3.8% 55,000 55,000 0.0% Total City & Town $181,407,377 $183,156,186 1.00/0 $2,171,491 $2,156,041 -0.7% Schools I.S.D. #282 1,333,062 1,139,514 -14.5% 1,045,686 1,189,342 13.7% I.S.D. #621 22,890,048 23,521,704 2.8% 19,248,223 18,051,828 -6.2% I.S.D. #622 12,787,517 14,739,946 15.3% 6,547,132 6,161,180 -5.9% I.S.D. #623 8,881,766 12,820,817 44.4% 13,552,972 6,411,530 -52.7% I.S.D. #624 13,912,123 13,085,145 -5.9% 13,671,535 14,251,633 4.2% I.S.D. #625 90,587,829 100,175,041 10.6% 43,131,511 34,881,492 -19.1% Total School $150,392,345 $165,482,167 10.0% $97,197,059 $80,947,005 -16.7% Special Taxing Districts $2,100 $2,100 0.0% NA NA NA Bicentennial Pond Blaine EDA 0 1,515 100.0% NA NA NA Capitol Region Watershed 2,656,412 2,969,278 11.8% NA NA NA Karth Lake LID 0 0 0.0% NA NA NA Lake Diane Sewer 2,250 2,250 0.0% NA NA NA Met Council 12,262,705 12,263,586 0.0% NA NA NA Metro Watershed 3,853,692 4,846,250 25.8% NA NA NA Middle Miss. Watershed 27,685 28,647 3.5% NA NA NA Mosquito Control 2,541,612 2,496,104 -1.8% NA NA NA North St Paul HRA 223,435 222,798 -0.3% NA NA NA North Suburban Hospital 170,635 186,197 9.1% NA NA NA Regional Rail Authority 19,938,811 19,053,307 -4.4% NA NA NA Rice Creek Watershed 2,239,676 2,291,474 2.3% NA NA NA Roseville HRA 698,471 703,579 0.7% NA NA NA St. Anthony HRA 44,577 45,478 2.0% NA NA NA St. Paul HRA 3,178,148 3,178,148 0.0% NA NA NA St. Paul Port Authority 2,841,000 2,835,000 -0.2% NA NA NA Shoreview HRA 75,000 90,000 20.0% NA NA NA Valley Branch Watershed 19,214 16,767 -12.7% NA NA NA Total Special Districts $50,775,423 $51,232,478 0.9% NA NA NA Total Net Lev $659,113,496 $676,409,182 2.6% $99,368,550 $83,103,046 -16.4% Prepared by: Ramsey County, Property Records & Revenue, Property Tax Services PROPOSED PAY 2014 TAX RATES MUNICIPALITY SCH. WATER- DIST SHED DIST. CODE CITY OR TOWN (1) COUNTY (2) SCHOOLS (3) MISC (4) TOTAL LOCAL TAX RATE (5) MARKET TAX RATE ARDEN HILLS 621 (R) 2517 28.236% 63.743% 29.667% 9.822% 131.468% 0.21045% ARDEN HILLS 621 (R)(K) 2518 28.236% 63.743% 29.667% 9.822% 131.468% 0.21045% ARDEN HILLS 623.(R) 2537 28.236% 63.743% 23.301% 9.822% 125.102% 0.09604% BLAINE 621 (R) 2917 36.302% 63.743% 29.667% 12.081% 141.793% 0.21690% FAIRGROUNDS 623 (C) 3031 0.000% 63.743% 23.301% 9.042% 96.086% 0.09604% FAIRGROUNDS 625 (C) 3051 0.000% 63.743% 46.977% 9.042% 119.762% 0.13697% FALCON HEIGHTS 623 (C) 3331 24.796% 63.743% 23.301% 9.042% 120.882% 0.09604% FALCON HEIGHTS 623 (R) 3337 24.796% 63.743% 23.301% 9.822% 121.663% 0.09604% GEM LAKE 624 3740 46.490% 63.743% 26.137% 7.481% 143.851% 0.27299% GEM LAKE 624 (M)(NB) 3746 46.490% 63.743%1 26.137% 12.000% 148.370% 0.27299% LAUDERDALE 623 (C) 4731 29.999% 63.743% 23.301% 9.042% 126.085% 0.09604% LAUDERDALE 623 (1) 4732 29.999% 63.743% 23.301% 9.911% 126.954% 0.09604% LAUDERDALE 623 (R) 4737 29.999% 63.743% 23.301% 9.822% 126.866% 0.09604% LITTLE CANADA 623 (M)(NB) 5336 31.299% 63.743% 23.301% 12.000% 130.343% 0.09604% LITTLE CANADA 624 (M)(NB) 5346 31.299% 63.743% 26.137% 12.000% 133.179% 0.27299% MAPLEWOOD 622 (M)(BC) 5725 49.476% 63.743% 37.561% 12.000% 162.780% 0.17010% MAPLEWOOD 622 (M)(NB) 5726 49.476% 63.743% 37.561% 12.000% 162.780% 0.17010% MAPLEWOOD 622 (V) 5729 49.476% 63.743% 37.561% 9.114% 159.894% 0.17010% MAPLEWOOD 623 5730 49.476% 63.743% 23.301% 7.481% 144.001% 0.11568% MAPLEWOOD 623 (C) 5731 49.476% 63.743% 23.301% 9.042% 145.562% 0.11568% MAPLEWOOD 623 (M)(NB) 5736 49.476% 63.743% 23.301% 12.000% 148.520% 0.11568% MAPLEWOOD 624 (M)(NB) 5746 49.476% 63.743% 26.137% 12.000% 151.357% 0.29263% MOUNDS VIEW 621 (R) 5917 44.791% 63.743% 29.667% 12.081% 150.283% 0.23138% NEW BRIGHTON 621 (R)(B) 6308 45.549% 63.743% 29.667% 9.822% 148.781% 0.21045% NEW BRIGHTON 621 (R) 6317 38.809% 63.743% 29.667% 9.822% 142.042% 0.21045% NEW BRIGHTON 621 (R)(D) 6318 41.574% 63.743% 29.667% 9.822% 144.806% 0.21045% NEW BRIGHTON 282 (R) 6387 38.809% 63.743% 33.113% 9.822% 145.488% 0.28677% NORTH OAKS 621 6710 10.935% 63.743% 29.667% 7.481% 111.826% 0.21045% NORTH OAKS 624 6740 10.935% 63.743% 26.137% 7.481% 108.296% 0.27299% NORTH ST. PAUL 622 (M)(NB) 6926 36.134% 63.743% 37.561% 14.736% 152.174% 0.22114% NORTH ST. PAUL 622 (V) 6929 36.134% 63.743% 37.561% 11.849% 149.287% 0.22114% ROSEVILLE 621 (R) 7917 40.052% 63.743% 29.667% 11.450% 144.912% 0.23203% ROSEVILLE 623 (M)(NB) 7936 40.052% 63.743% 23.301% 13.628% 140.724% 0.11763% ROSEVILLE 623 (C) 7931 40.052% 63.743% 23.301% 10.670% 137.765% 0.11763% ROSEVILLE 623 (R) 7937 40.052% 63.743% 23.301% 11.450% 138.546% 0.11763% ST. ANTHONY 282 (R) 8187 75.143% 63.743% 33.113% 11.910% 183.910% 0.28677% ST. PAUL (6) 625 (C) 151 46.147% 58.970% 46.788% 11.762% 163.667% 0.13697% ST. PAUL (6) 625 (1) 152 46.147% 58.970% 46.788% 12.630% 164.536% 0.13697% ST. PAUL (6) 625 (L) 154 46.147% 58.970% 46.788% 10.200% 162.106% 0.13697% ST. PAUL (6) 625 (M)(BC) 155 46.147% 58.922% 46.730% 14.720% 166.519% 0.13697% ST. PAUL (6) 625 (M)(NB) 156 46.147% 58.934% 46.747% 14.720% 166.548% 0.13697% ST. PAUL (Airport) 999 (L) 194 0.000% 59.118% 0.000% 10.200% 69.319% -- SHOREVIEW 621 (M)(NB) 8316 37.474% 63.743% 29.667% 12.345% 143.229% 0.21045% SHOREVIEW 621 (R) 8317 37.474% 63.743% 29.667% 10.167% 141.051% 0.21045% SHOREVIEW 623 (M)(NB) 8336 37.474% 63.743% 23.301% 12.345% 136.863% 0.09604% SHOREVIEW 623 (R) 8337 37.474% 63.743% 23.301% 10.167% 134.685% 0.09604% SPRING LAKE PARK 621 (R) 8517 57.388% 63.743% 29.667% 12.081% 162.879% 0.21045% VADNAIS HEIGHTS 621 8910 29.351% 63.743% 29.667% 7.481% 130.241% 0.21045% VADNAIS HEIGHTS 624 8940 29.351% 63.743% 26.137% 7.481% 126.712% 0.27299% VADNAIS HEIGHTS 624 (M)(NB) 8946 29.351% 63.743% 26.137% 12.000% 131.232% 0.27299% WHITE BEAR LAKE 622 (V) 9329 21.140% 63.743% 37.561% 9.114% 131.558% 0.15047% WHITE BEAR LAKE 624 9340 21.140%1 63.743% 26.137% 7.481% 118.501% 0.27299% WHITE BEAR LAKE 624 (M)(NB) 9346 21.140% 63.743% 26.137% 12.000% 123.020% 0.27299% WHITE BEAR LAKE 624 (R) 9347 21.140% 63.743%1 26.137% 9.822% 120.843% 0.27299% WHITE BEAR LAKE 624 (V) 9349 21.140% 63.743%1 26.137%1 9.114%1 120.134% 0.27299% 1of4 CITY OF LAUDERDALE 2014 Revenue Budget Worksheet 11/21/13 12:22 PM Page 1 2012 2013 2013 2014 Amt YTD Amt Budget Budget Account Descr UnderLine FUND 101 GENERAL $483,024.03 $246,818.24 $488,203.00 _ $495,281.00; R 101-31010 CURRENT AD VALOREM $7,360.59 $11,353.22 $0.00 $0.00 R 101-31020 DELINQUENT AD VALOREM $0.00 $0.00 $0.00 $0.00' R 101-31030 FORFEITED TAX SALES $100,748.07 $66,319.87 $121,912.00 $120,934.00 R 101-31040 FISCAL DISPARITIES $0.00 $0.00 $0.00 $0.00 R 101-32000 LICENSE AND PERMITS $150.00 $0.00 $150.00 $150.00 R 101-32110 3.2 ALCHOLIC LICENSE $400.00 $0.00 $400.00 $400.00 R 101-32120 CIGARETTE LICENSE $1,350.00 $1,408.00 $1,000.00 '' $1,300.00 R 101-32130 GARBAGE HAULERS LICENSE $970.00 $650.00 $600.00 $600.00 R 101-32140 HEATING/AC LICENSE $600.00 $450.00 $300.00 $400.00 R 101-32150 TREE COMPANIES LICENSE $0.00 $0.00 $0.00 $0.00 R 101-32160 GAS STATION LICENSE $0.00 $0.00 $0.00 $0.00 R 101-32170 DRIVEWAY CONTRACTOR S LICENSE $4,933.25 $3,863.50 $3,000.00 $4,000.00 R 101-32180 RENTAL HOUSING LICENSE $11,986.94 $13,744.06 $6,000.00 $11,000.00 R 101-32210 BUILDING PERMITS $1,000.00 $1,400.00 $500.00 $500.00 R 101-32211 ZONING PERMIT APPLICATION $2,736.32 $2,263.96 $1,000.00 $2,000.00 R 101-32225 PLAN REVIEW FEE $1,494.00 $1,152.00 $700.00 $1,000.00' R 101-32230 PLUMBING PERMITS $340.00 $310.00 $250.00 $250.00 R 101-32240 ANIMAL LICENSES $1,728.50 $1,619.50 $1,000.00 $1,500.00' R 101-32270 HEATING A/C PERMIT $0.00 $0.00 $0.00 $0.00 R 101-32280 STREET EXCAVATION PERMIT $516,153.00 $258,076.50 $516,153.00 $535,093.00 R 101-33401 LOCAL GOVERNMENT AID -$134.39 $0.00 $0.00 $0.00 R 101-33402 HOMESTEAD CREDIT $1,198.00 $599.00 $1,198.00 $1,198.00` R 101-33405 PERA RATE INCREASE $0.00 $0.00 $0.00 $0.00' R 101-33406 MARKET VAL HOM CRED/LINAC $0.00 $0.00 $0.00 $0.00 R 101-33623 MET COUNCIL - LIV COMM GRANT $0.00 $0.00 $0.00 $0.00 R 101-33624 LIVABLE COMMUNITIES $7,633.25 $7,352.00 $4,000.00 $6,000.00 R 101-34101 CITY HALL/PARK RENTAL $156.00 $25.00 $0.00 $0.00' R 101-34103 ADMINISTRATIVE FEE $0.00 $0.00 $0.00 $0.00 R 101-34105 SALE OF PUBLICATIONS $0.00 $0.00 $0.00 $0.00. R 101-34107 ASSESSMENT SEARCHES $98.38 $91.27 $50.00 $100.00' R 101-34109 COPIES $150.00 $150.00 $0.00 $0.00 R 101-34110 VARIANCE FEES $0.00 $0.00 $0.00 $0.00 R 101-34111 LEGAL FEES $0.00 $0.00 $0.00 $0.00 R 101-34112 CONDITIONAL USE PERMITS $0.00 $0.00 $0.00 $0.00 R 101-34113 ZONING AMENDMENT $0.00 $0.00 $0.00 $0.00 R 101-34114 ADVERTISING SALES $0.00 $0.00 $0.00 $0.00; R 101-34115 GENERAL GOVERNMENT MISC. $0.00 $0.00 $0.00 $0.00; R 101-34116 ENGINEERING FEES $0.00 $0.00 $0.00 $0.00' R 101-34201 FALSE SECURITY ALARM - POLICE $222.63 $0.00 $500.00 $500.00 R 101-34202 FALSE FIRE ALARM - FIRE DEPT. $425.00 $75.00 $1,000.00 $1,000.00 R 101-34203 FIRE INSPECTION FEE $0.00 $0.00 $0.00 $0.00 R 101-34205 FIRE CALL REIMBURSEMENT $50,182.40 $41,356.29 $37,000.00 $45,000.00 R 101-35101 COURT FINES $27,470.25 $197.52 $0.00 $0.00 R 101-36100 SPECIAL ASSESMENTS $92.00 -$92.00 $0.00 $0.00 R 101-36101 PRINCIPAL $1,844.55 $19.97 $0.00 $0.00 R 101-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00. R 101-36103 TREE REMOVAL $0.00 $0.00 $0.00 $0.00 R 101-36200 MISCELLANEOUS REVENUE $2,952.56 $1,874.71 $2,000.00 $1,800.00 R 101-36211 INVESTMENT INTEREST $1,500.00 $0.00 $0.00 $0.00 R 101-36230 DONATIONS $0.00 $0.00 $0.00 $0.00 ` R 101-36231 DOG PARK DONATIONS $646.50 $691.40 $300.00 $500.00 R 101-36240 SURCHARGES 11/21/13 12:22 PM Page 2 2012 2013 2013 2014 $0.00 Amt YTD Amt Budget Budget Account Descr UnderLine $134.56 $1,676.82 $0.00 $0.00 R 101-36250 REFUNDS & REIMBURSEMENTS $7,149.00 $1,982.00 $0.00 $0.00 R 101-36252 LMC INSURANCE REFUND $16.65 $0.00 $0.00 $0.00 R 101-36255 MISC $0.00 $0.00 $0.00 $0.00 R 101-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 $0.00 R 101-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 101-39999 PRIOR PERIOD ADJUSTMENT $1,236,712.04 $665,427.83 $1,187,216.00 $1,230,506.00 $100.00 FUND 201 COMMUNITY EVENTS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $75.00 $75.00 $50.00 $1,200.00 $1,409.00 $800.00 $401.00 $760.00 $400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $397.00 $112.00 $100.00 $325.00 $1,695.46 $700.00 $0.00 $0.00 $0.00 $1,793.19 $854.00 $600.00 $38.94 $30.06 $50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $139.64 $93.36 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,369.77 $5,028.88 $2,800.00 FUND 202 COMMUNICATIONS $0.00 R 201-34785 PARK EVENTS $0.00 R 201-34786 WINTER EVENT $75.00 R 201-34787 GARAGE SALE $800.00 R 201-34788 DAY IN THE PARK $400.00, R 201-34789 MUSIC UNDER THE TREES $0.00 R 201-34790 MUGS $0.00 R 201-34791 POP SALES $100.00 R 201-34792 T-SHIRT SALES $400.00: R 201-34793 FUN RUN/WALK $0.00 R 201-34794 NATIONAL NIGHT OUT $1,000.00 R 201-34795 HALLOWEEN DONATIONS $35.00 R 201-36211 INVESTMENT INTEREST $0.00 R 201-36230 DONATIONS $0.00 R 201-36250 REFUNDS & REIMBURSEMENTS $100.00 R 201-36255 MISC $0.00 R 201-39200 INTERFUND OPERATING TRANSFERS $0.00 R 201-39201 TRANFER FROM GENERAL FUND BAL $2,910.00 $0.00 $4,939.00 $0.00 $0.00 R 202-33600 GRANTS & AID FROM LOCAL GOV. $124.10 $61.84 $100.00 ' $75.00 R 202-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00;, R 202-36250 REFUNDS & REIMBURSEMENTS $20,312.84 $15,446.25 $20,000.00 $20,000.00 R 202-36253 CABLE FRANCHISE REVENUE $20,436.94 $20,447.09 $20,100.00 $20,075.00 $0.00 FUND 203 RECYCLING $0.00 $0.00 $0.00 $4,947.00 $0.00 $4,800.00 $35,001.22 $18,414.63 $35,000.00 $0.00 $0.00 $0.00 $419.00 -$280.63 $0.00 $573.51 $418.30 $300.00 $0.00 $0.00 $0.00 $0.00 $307.00 $0.00 $0.00 $0.00 $0.00 $40,940.73 $18,859.30 $40,100.00 FUND 301 TAX INCREMENT DEBT SERVICE $0.00 R 203-33621 METROPOLITAN COUNCIL -BIN GRAN $4,975.00 R 203-33622 COUNTY GRANTS R 203-36100 SPECIAL ASSESMENTS R 203-36101 PRINCIPAL $0.00 R 203-36102 PENALTIES & INTEREST $400.00 R 203-36211 INVESTMENT INTEREST $0.00 R 203-36250 REFUNDS & REIMBURSEMENTS $0,00 R 203-36255 MISC $0.00 R 203-39200 INTERFUND OPERATING TRANSFERS $40,375.00 $0.00 $0.00 $0.00 $0.00 R 301-31040 FISCAL DISPARITIES $0.00 $0.00 $0.00 $0.00 R 301-31050 TAX INCREMENT $0.00 $0.00 $0.00 $0.00 R 301-31051 DELINQUENT TAX INCREMENT $0.00 $0.00 $0.00 $0.00 R 301-33402 HOMESTEAD CREDIT $0.00 $0.00 $0.00 $0.00 R 301-33406 MARKET VAL HOM CRED/LINAC $0.00 $0.00 $0.00 $0.00 R 301-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 301-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 301-39200 INTERFUND OPERATING TRANSFERS 11/21/13 12:22 PM Page 3 2012 2013 2013 2014 Amt YTD Amt Budget Budget Account Descr UnderLine $0.00 $0.00 $0.00 $0.00 R 301-39205 TRANS FROM TIF PROJECT FUND $0.00 $0.00 $0.00 $0.00 R 301-39999 PRIOR PERIOD ADJUSTMENT $0.00 $0.00 $0.00 $0.00 FUND 302 00 ST/UTIL IMP DEBT SERVICE $0.00 $0.00 $0.00 $0.00 R 302-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 302-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00' R 302-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00' R 302-36250 REFUNDS & REIMBURSEMENTS $0.00 $0.00 $0.00 ` $0.00 R 302-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 302-39310 GENERAL OBLIGATION BND PROCEE $0.00 $0.00 $0.00 $0.00 R 401-39999 PRIOR PERIOD ADJUSTMENT FUND 303 02 ST/UTIL IMP DEBT SERVICE $0.00 $0.00 $0.00 $0.00 R 303-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 303-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00 R 303-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 303-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 303-39310 GENERAL OBLIGATION BND PROCEE $0.00 $0.00 $0.00 $0.00 R 401-39201 TRANFER FROM GENERAL FUND BAL FUND 304 03 ST/UTIL IMP DEBT SERVICE $40,502.62 $16,597.65 $34,000.00 $22,000.00 R 304-36100 SPECIAL ASSESMENTS $4,832.96 $1,902.57 $5,000.00 $2,000.00 R 304-36102 PENALTIES & INTEREST $1,272.58 $666.63 $1,000.00 $500.00' R 304-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 1$0.00 R 304-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 304-39310 GENERAL OBLIGATION BND PROCEE $46,608.16 $19,166.85 $40,000.00 $24,500.00 R 401-39201 TRANFER FROM GENERAL FUND BAL FUND 401 CAPITAL IMPROVEMENT STREETS $0.00 $0.00 $0.00 $0.00 R 401-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 _$0.00 R 401-36102 PENALTIES & INTEREST $105.71 $0.00 $0.00 $0.00 R 401-36200 MISCELLANEOUS REVENUE $3,013.86 $2,271.58 $2,000.00 $2,000.00' R 401-36211 INVESTMENT INTEREST $32,006.00 $0.00 $0.00 $0.00' R 401-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 401-39201 TRANFER FROM GENERAL FUND BAL $0.00 $0.00 $0.00 $0.00 R 401-39999 PRIOR PERIOD ADJUSTMENT $35,125.57 $2,271.58 $2,000.00 $2,000.00 FUND 402 CAPITAL IMPROVEMENTS $266.26 $421.31 $400.00 $400.00 i R 402-36211 INVESTMENT INTEREST $70.50 $0.00 $0.00 $0.00 R 402-36250 REFUNDS & REIMBURSEMENTS $0.00 $0.00 $0.00 $0.00' R 402-39101 SALES FIXED ASSETS $84,012.00 $0.00 $0.00 $0.00 R 402-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 402-39201 TRANFER FROM GENERAL FUND BAL $0.00 $0.00 $0.00 $0.00 R 402-39999 PRIOR PERIOD ADJUSTMENT $84,348.76 $421.31 $400.00 $400.00 R 403-39999 PRIOR PERIOD ADJUSTMENT FUND 403 CAPITAL IMPROVE STORM WATER $1,022.77 $724.32 $1,000.00 - $600.00 ` R 403-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00' R 403-36250 REFUNDS & REIMBURSEMENTS $0.00 $0.00 $0.00 $0.00 R 403-37230 PENALTIES $0.00 $0.00 $0.00 + $0.00 R 403-37300 STORM SEWER FEE $0.00 $0.00 $0.00 $0.00 R 403-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 403-39201 TRANFER FROM GENERAL FUND BAL $0.00 $0.00 $0.00 $0.00 R 403-39999 PRIOR PERIOD ADJUSTMENT 11/21/13 12:22 PM Page 4 2012 2013 2013 2014 Amt YTD Amt Budget Budget Account Descr UnderLine $1,022.77 $724.32 $1,000.00 $600.00 FUND 404 PARK IMPROVEMENT $8,305.30 $0.00 $0.00 $0.00 R 404-33130 CDBG/DNR $0.00 $0.00 $0.00 $0.00 R 404-33400 STATE GRANTS AND AID $1,430.57 $1,148.76 $1,000.00 $1,000.00 R 404-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 404-36230 DONATIONS $2,150.78 $0.00 $0.00 $0.00! R 404-36255 MISC $32,006.00 $0.00 $0.00 $0.00 R 404-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 404-39201 TRANFER FROM GENERAL FUND BAL $0.00 $0.00 $0.00 $0.00 R 404-39204 TRANS FROM COMMUNITY EVENT $0.00 $0.00 $0.00 $0.00 R 404-39999 PRIOR PERIOD ADJUSTMENT $43,892.65 $1,148.76 $1,000.00 $1,000.00 R 405-39999 PRIOR PERIOD ADJUSTMENT FUND 405 TIF -PROJECTS $160,928.31 $97,691.55 $180,000.00: $0.00 R 405-31050 TAX INCREMENT -$6,184.60 $3,833.38 $0.00 $0.00 R 405-31051 DELINQUENT TAX INCREMENT $0.00 $0.00 $0.00 $0.00 R 405-33406 MARKET VAL HOM CRED/LINAC $0.00 $0.00 $0.00 $0.00 R 405-33419 LARPENTEUR AVE REIMBURSEMENT $0.00 $0.00 $0.00 $0.00 R 405-36210 INTEREST EARNINGS $2,074.85 $1,960.62 $1,500.00 $0.00 R 405-36211 INVESTMENT INTEREST, $0.00 $0.00 $0.00 $0.00 R 405-36255 MISC $0.00 $0.00 $0.00 $0.00; R 405-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00' R 405-39207 TRANS FROM DEBT SERVICE FUND $0.00 $0.00 $0.00 $0.00 R 405-39999 PRIOR PERIOD ADJUSTMENT $156,818.56 $103,485.55 $181,500.00 $0.00 R 601-36100 SPECIAL ASSESMENTS FUND 407 SEWER IMPROVEMENT $0.00 $0.00 $50,000.00 $0.00 R 407-36200 MISCELLANEOUS REVENUE $2,467.47 $1,747.40 $2,000.00 $1,500.00 R 407-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00. R 407-37240 SEWER CONNECTIONS/RECONNECTI $0.00 $0.00 $0.00 $0.00 R 407-39200 INTERFUND OPERATING TRANSFERS $2,467.47 $1,747.40 $52,000.00 $1,500.00 R 413-36250 REFUNDS & REIMBURSEMENTS FUND 409 WATER UTILITY $0.00 $0.00 $0.00 $0.00' R 409-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 409-36251 ST. PAUL WATER SURCHARGE $0.00 $0.00 $0.00 $0.00 FUND 412 02 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 R 412-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 FUND 413 03 ST/UTIL CONSTRUCTION $0.00 $0.00 $0.00 $0.00 R 413-33000 INTERGOVERNMENTAL REVENUE $0.00 $0.00 $0.00 $0.00 R 413-33600 GRANTS & AID FROM LOCAL GOV. $0.00 $0.00 $0.00 $0.00 R 413-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 $0.00 R 413-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 413-36250 REFUNDS & REIMBURSEMENTS $0.00 $0.00 $0.00 $0.00 R 413-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00' R 413-39310 GENERAL OBLIGATION BND PROCEE $0.00 $0.00 $0.00 $0.00 FUND 601 SEWER UTILITIES $0.00 $0.00 $0.00 $0.00 R 601-33000 INTERGOVERNMENTAL REVENUE $0.00 $0.00 $0.00 $0.00 R 601-36100 SPECIAL ASSESMENTS $0.00 $0.00 $0.00 ' $0.00 R 601-36101 PRINCIPAL 11/21/13 12:22 PM Page 5 2012 2013 2013 2014 Amt YTD Amt Budget Budget Account Descr $0.00 $0.00 $0.00 $0.00 R 601-36102 PENALTIES & INTEREST $0.00 $0.00 $0.00 $0.00 R 601-36104 SEWER ASSESSMENT $1,865.04 $1,592.69 $2,000.00 $1,800.00 R 601-36211 INVESTMENT INTEREST $0.00 $0.00 $0.00 $0.00 R 601-36230 DONATIONS $0.00 $0.00 $0.00 ' $0.00 R 601-36250 REFUNDS & REIMBURSEMENTS $0.32 $0.00 $0.00 $0.00 R 601-36255 MISC $262,946.66 $220,481.96 $242,000.00 $245,000.00 R 601-37210 SEWER SALES AND SERVICE $0.00 $0.00 $0.00 $0.00 R 601-37215 DELINQUENT SEWER RECEIPTS $0.00 $0.00 $0.00 $0.00 R 601-37230 PENALTIES $0.00 $0.00 $0.00 $0.00 R 601-37240 SEWER CONNECTIONS/RECONNECTI $0.00 $0.00 $0.00 $0.00 R 601-39101 SALES FIXED ASSETS $0.00 $0.00 $0.00 ': $0.00 R 601-39999 PRIOR PERIOD ADJUSTMENT $264,812.02 $222,074.65 $244,000.00 $246,800.00 FUND 602 STORM SEWER ENTERPRISE FUND $337.78 $292.76 $300.00 $300.00 ` R 602-36211 INVESTMENT INTEREST $68,877.10 $67,192.89 $61,000.00 $62,000.00 R 602-37300 STORM SEWER FEE $0.00 $0.00 $0.00 $0.00 R 602-39200 INTERFUND OPERATING TRANSFERS $0.00 $0.00 $0.00 $0.00 R 602-39999 PRIOR PERIOD ADJUSTMENT $69,214.88 $67,485.65 $61,300.00 $62,300.00 FUND 999 GASB34 $3,648.00 $0.00 $0.00 $0.00 R 999-31010 CURRENT AD VALOREM -$60,882.00 $0.00 $0.00 $0.00 R 999-36100 SPECIAL ASSESMENTS $7,000.00 $0.00 $0.00 ' $0.00: R 999-39101 SALES FIXED ASSETS -$50,234.00 $0.00 $0.00 $0.00 $1,956,536.32 $1,128,289.17 $1,833,416.00 $1,632,966.00 � r - a 0 N m N d N M W J w D J LL O M O N M O N N O N QJ W Z W C7 ri O ri 0 z LL W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W ggggggggggggggggg------------------- H H H H H H H H H H H H H H H H H H H H N (n to (n (n to (n N to _N — M 0 — In to 0 iZ-i hZi MZi rZ-1 iZr rZi nzr iZi iZi MZi �Zi --------- 0 -i — H N `Zr --i --i --i — J J J J J J J J J J J J J J J J J Q Q Q Q Q Q Q Q ¢ Q Q Q Q Q Q Q Q Q Q Q g uj V) Ln z LU z LU Lu Z uj 0 w w u O N ° uu zO Z w w w z w w O o_ n w vwi � O cn O U m °' W CL W J� 5� Ja a a LL V) p Ln z Ln d J a w rj W ZQ w 1- ° ce a S w LL a D U z z H F W Z W M W W m 9 U z� c. � w H U W z M pU = O a O m m a O dS w O O w 0 z U_ >> CY z Ln O � �z cn z w z LU w W a �- C� z aq z W W Z a �-r p sJ z�LL z J H J� J C7 00 2 5. 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O O O O O O O O O O O O O O O O O O iA 4Ar Idl- i& '.+b4 :iii b`i- I iA b4 b4 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O b4 iA i{T b4 1.4 Vi iA iA iA iii b4 iA b4 b4 i,9- iA 4A - O LM O O Ln O O O Ln 0 0 0 0 00 m M N V: n O O N 0 0 0 CO 0 0 0 0 0 0 n. .-L N O O tD O O O 1-+ C) CD G C 00 mtD N m t^D b4 iA 001 iPr 1A tPr 00 iPr iA iA if)- Vl- EA- LOn rlJ V' C) 06 C6 tp 00 N .-1 r-� M r1 b4 b4 b4 b4 M �-i N O O Ln O O O Ln 0 0 Cl 0 0 0 N N N O R O LM O O O N O O O O O O '-L t0 f� M M m O O Ln O 00 Cl) M 00 M N O 00 tD LM Ol V' O1 t0 b4 V' 00 if. 01 00 N iR O .-1 m iR N .-1 t0 r'! C) O V- � O tD t0 O M Nm N M m b4 4Ab4 b4 Lr)< b4 � .^-� MN 0 � V�- .moi Ot Ol 0 Z D 11 O .-I N M t0 ri d- N iA O 01 tD 00 C) tp N Lf') b4 N fV n ko N b4 ACTION REQUESTED Consent LAUDERDALE COUNCIL MEETING DATE November 26, 2013 Special Public Hearing ITEM NUMBER Ordinance Amending City Code Report Discussion/Action _ Resolution STAFF INITIAL Jim Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: At the last meeting, a public hearing was held and the Council passed a motion amending the Zoning Ordinance to add construction equipment rental, leasing, and sales as a conditional use in the 1-1 District. Attached is the amended Ordinance. OPTIONS: STAFF RECOMMENDATION: Motion to approve the amended Ordinance as presented. COUNCIL ACTION: CITY OF LAUDERDALE ORDINANCE NO. 13-06 An Ordinance Amending Title 10, Chapter 6 of the Lauderdale City Code Regarding Conditional Uses in the I-1, Industrial District. The City Council of the City of Lauderdale ordains as follows: SECTION I. The Lauderdale City Code is amended by deleting the str-ieken material and adding the underlined materials as follows: 10-6-2-E. I-1, Industrial: 1. Antennas; 2. Auto reductions and junk yards; 3. Auto sales, service, and repair; 4. Commercial recreation; 5. Construction equipment rental, leasing, and sales; 6. -5-. Manufacturing; 7. 6. Public utility buildings; 8. -7-. Supply yards; 9. 8-. Truck terminals; 10. -9-. Wholesale business; and 11. 4-0, Telecommunications towers. SECTION II. This ordinance shall be effective upon its adoption and publication. Adopted by the City Council of the City of Lauderdale this 26th day of November, 2013. Jeffrey Dains, Mayor ATTEST: Heather Butkowski, City Administrator Published in the Roseville Review the 3rd day of December, 2013. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date November 26, 2013 ITEM NUMBER Recycling Contract Extension STAFF INITIAL Jim APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Chris Goodwin from Eureka! Recycling was at the October 22 meeting to provide an update on Eureka's collection changes and discuss extending the current recycling contract. As you know, Eureka is planning many changes for 2014 including converting their Materials Recovery Facility (MRF) from dual -sort to single stream, changes to their trucks, and adding more plastics. These changes will have a significant impact on Lauderdale. Mr. Goodwin will again be at the meeting to discuss their proposal and answer questions. However, staff will likely recommend the Council direct staff to prepare an amended contract agreement to extend for one year under the current terms and conditions based on the following rationale: • Many cities will be dealing with these changes in 2014 including Roseville, St. Paul (a flyer detailing their changes in attached), St. Louis Park, and White Bear Lake with Eureka. I am concerned that Eureka! could get overloaded trying to coordinate all of these changes with so many cities. Roseville anticipates transition in February, and St. Paul in April. Thus, Lauderdale could not make a transition until June. With so many unknowns, I think it would be advantageous to watch and monitor the other cities as they figure out the transition, including the issue of cart ownership. • Staff is not ready to accept Eureka's proposal because we just received it. It would be extremely rushed to try getting a deal done in 2 weeks. Many things need to be considered including cart ownership, collection frequency, potential changes to revenue sharing, the proposed processing fee, reporting requirements, etc. The County would like to weigh in on some of these things since their goal is to increase recycling rates. Dan Krivit of Foth, the County's consultant, has been authorized to assist us with these issues, but mainly in 2014 because of the County's consultant budget. • Retain flexibility to consider organized collection possibilities. • If there was any thought of obtaining Requests for Proposals (RFPs), we would have time to do that. Thus, staff will likely seek authority to amend the contract agreement to extend for one year under the current terms and conditions. Staff would then bring the amended contract agreement back to the Council for approval at the next meeting. OPTIONS: 1) Accept a proposal from Eureka! for a 3 year extension. 2) Direct staff to prepare a one year extension under the current terms and conditions. STAFF RECOMMENDATION: 1) Motion to direct staff to prepare a one year extension under the current terms and conditions. Jim Bownik From: Christopher Goodwin[christopherg@eurekarecycling.org] Sent: Thursday, November 21, 2013 4:57 PM To: Jim Bownik Subject: Proposal Letter for Extension & Program Changes Attachments: Proposal Letter For 2013 Extension and move to SS & Plastics - 11 -1 5-2013.pdf; Sample of Current Tonnage and Revenue Share Spreadsheet - Lauderdale 2013.pdf; Sample New Tonnage & Revenue Share Spreadsheet - 11-21-2013.pdf Hi Jim, I have attached a letter with our proposal to change the program to single stream and add plastics and to extend the contract term. As per your request I have also included an alternative proposal should the city prefer to purchase the carts. I have also included two versions of the monthly revenue share spreadsheet as the proposals include some changes to how revenue share will work. Please let me know if you have any questions or need some additional information. Otherwise I will see you at the city council meeting on Tuesday. Thanks, Chris Christopher Goodwin Customer Relations & Education Manager Eureka Recycling 2828 Kennedy Street NE Minneapolis, MN 55413 Phone: (612) 455-9146 Fax: (612) 455-9146 Main Zero Waste Hotline: (651) 222-7678 christopherg(@eurekarecycling.org<mailto:christopherg(@eurekarecycling.org> 1 November 15, 2013 City of Lauderdale Attn: Jim Bownik 1891 Walnut Street Lauderdale, MN 55113 Jim, Thank you for the opportunity to speak to you and the members of the Lauderdale city council and staff about extending the recycling contract and snaking the exciting changes we are working to bring to Lauderdale's recycling program. As per your request we have included below a proposal for how to extend the contract beyond the end of the current terin which ends December 31" of this year. Here are the changes we propose to make to the current contract. In June of 2014 we will make the switch to singe sort recycling and add additional plastics to the program. For the first three months we will continue to collect the single sort recycling set out weekly in the current bins. This will give our drivers the opportunity to continue to educate residents at the curb about any items that they set out that are not recyclable. In September we will roll out new recycling carts to all residents and begin collection every other week using carts. Eureka proposes to purchase the carts for the curbside households (approximately 570). We already have carts and dumpsters in place for the multifamily households (approximately 580 households). In order to cover the cost of financing that purchase we would need to have two additional changes to the contract: 1. We would need to have a three year extension of the current contract term. That would take the term out to December 31", 2016. 2. Eureka would keep 100% of the revenue fiom the sale of materials for the duration of the three year extension. The city would continue to not pay any processing fees for the sorting and marketing of the material. These changes will allow for us to move Lauderdale to the new system with carts for all residents with no increase in the per household fee for collection in 2014. That would remain at $2.52 and would have the same CPI based increase for each of the last two years based on the published CPI increase from the Minneapolis Federal Reserve, not to exceed 3%. 2828 Kennedy Street NE \ Minneapolis, MN 55413 \ (651) 222-7678 \ Fax (612) 623-3277 \ www.eurekarecycling.org Eureka Recycling is an affirmative action, equal opportunity employer. It is our policy to hire without discrimination based on race, creed, religion, sex, color, national origin, sexual or affectional orientation, ancestry, familial status, age, disability, marital status or status with regard to public assistance. Printed on 100% postconsumer recycled paper that was processed without the use of chlorine. Multifamily collection would also move to a single sort system. We already provide Eureka Recycling owned containers for all of the multifamily properties. We would put new lids on the existing carts and new stickers on any dumpsters to reflect the singe sort recycling instructions. Alternative Option for City Owned Carts: Should the city prefer to purchase and own the carts the proposal to move to single sort and add additional plastics on a timeline that transitions the program in early June in bins and then adding carts in September would not change. In addition we would still like to extend the contract to the end of December 2016. There would not need to be a change in the per -household fee charged for collection. However there would need to be a change to the way that revenue share is calculated. In order to cover the additional costs of processing single sort material we propose to change the revenue share calculation to include a $74 per ton processing fee. This processing fee would be applied to the papers collected and to aluminum. These are currently the only materials that the city receives revenue from. The processing fee would be reflected on the tonnage and revenue share report that the city receives each month (see attached sample of the old and new reports). Either of these two options will mean that in the late spring of 2014 the city will move to a more convenient method of sorting and setting out recycling. It also continues to keep Lauderdale prepared for the addition of compostable materials to the program in the coining years. The staff at Eureka Recycling and I very much appreciate and enjoy the partnership that we have developed with the staff, city council and residents of Lauderdale over the last eight years. We look forward to continue our efforts to demonstrate that there really is no such thing as waste. Please contact Christopher Goodwin if you have additional questions, need clarification or additional information. His phone number is 612-455-9146 and his email is christopherg cl,eurekarecycling.org. Sincerely, Tim Brownell CEO 2 d' c d l(o m m v m O d J i d'L o 0 t4 CD C W d r r o d C y r r M LO � N CO N O O O r CO to tf ) 0 to N00 O r N Iq r m LL '. oO CO Ln 6) 00 r M r M �- V N r O o o c o 0 o o o 0 Q O O 0 0 0 0 0 0 0 O 0 0 IL O O m V) M 00 r N m 00 co co M N r N Cfl i C M L v`^i O m O w N E �v z a °Y' cC d s c7c�c7uwLu G1 R N v 3 v^�o_ Z, m a 0 v o v = Q c m c7 c E > ` 9 c o S' L F- m Na v 2 = �' V N Q d n U c o M �o V- 'Q N c N c O m `,9 . d O N' c 0 c o C e m > cV i >_ F- 0 ', m N a U a •L Rf' o E a E C. �' 0 is Fes- Fes- V O' Q. G.. -2 F Q J F�—U U5 C H d a d N v ap O CD M c0 N O) is Lo Lo U) d a � d L 0 0 t0O C,� O d 7 _ _ N M 6�9 d1 � fA Z m _ N O O) F- Q 0 to N to iL d FL of ! cp W 69 O d 69 r v 6s 0 IL d _ d d N 6 l0 � O F— C O i p o p Gxi- _ Nto r f-- O O O M O 0 0 O O O 00 e0 O (D r U) N 0) U) 00 r r M r co .- V N r O) _ N 0 o 0 0 o 0 0 � o 0 p O O O O O O O O O Qp O O U) U) `- M o0 r N O 11 00 c0 U) � M N i- N U) w > C � NO Id. _ Z o N C � N = U' (.7 U' V w nw. m V' O 0 d _ f6 O c: c r to E o U ca = o M E N v N = m U = Irl :Q U: y p c 0 q) w @ ~ QJ <F- �U� U� V Mecyciing Services Timeline A Changes coming in April, 20141 la I N The City asked and you told us that you want expanded recycling services. You want to recycle more plastic material. You want the oov&A recycling program to be more convenient. You want to dispose RE(YdE ITfORWARD of big bulky items easily. And you want more opportunity to %10* compost organics. This timeline outlines the City's plan to improve recycling services over the next three years. 2016+ 2015 Boost recycling in 0 vrovicie more APrjJ Expand Increase plastics backyard recycling to Launch include all single sort 91, #2, #4, recycling #5, and #7 collection, bottles and containers. F vrovicie more Wheeled, opportunities Increase to reuse and backyard dispose of composting bulky items like education and furniture and expand appliances. Convertto a Transition Wheeled, to.a wheeled, covered cart covered for recycling cart for collection. organics collection. • ;a a d a 2 .c a.� ca 7` a Y d W T (n+n c a i[ a) l_0 f x t m° V = Y £ po (A E in N .Pi v 3N . pay a- ..-i C L Y W co O PI ;>- ate. "' �= Q '0 V f0 W co 41 � -ter . � a?� ' N LL. c N @ U cu V n s0 $A H V) J a. d 3 �o a, u m 40 "va T: m r 0 3 C ,t0 Ln N 0 a) N +� m u bA: i1y_ y�ro a 4 rte, .— � _ M O U L � ■ .Q >' w 4.4 cz bZS;cd � z -0 -a 0 c v O LD ML U^ 0 L c t � f1 4-J a) _r__� � to to tQ ul GA3 41 �-+ U ,N U tio � 1� to V v a 0 u � a 'Lj) 41 _ v L O ctto •VI tom) :..c ,N 41 v Uv >" v >'O 0 v p v >-0 Q. +1 vI N v o in v cn Iv 4� D a-' M t c N 41 t v vii m Z V t � v -x U Q . V) J a. d 3 �o a, u m 40 "va T: m r 0 3 C ,t0 Ln N 0 a) N +� m u LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date November 26, 2013 ITEM NUMBER Sian Ordinance STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Councilor Mac Lean asked for an update on Croix Oil. At this point, I don't have one. From my perspective they drew a hard line in the sand that they need the sign they proposed to move ahead with the project. I know there are a number of concerns regarding their pro- posed sign. With that in mind, I think we might finally have some council meeting time to start discuss- ing the revisions needed to the sign ordinance in general and as it relates to things like dy- namic signs. I have attached short memos from the League for your review. I also sent a link to your email accounts of the study that was commissioned by the League (saving trees). OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: r V INFORMATION MEMO LEAGUE of Sign Ordinances and the First MINNESOTA g CITIES Amendment Learn how to design a sign ordinance for your city that meets the requirements of the First Amendment for protecting various forms of speech. RELEVANT LINKS: 1. First Amendment principles The First Amendment protects signs as speech, and courts will look very closely at any attempts to regulate signs. There are a few rules for regulating signs: • Do not regulate based on content. • Do not favor commercial speech (advertising) over noncommercial speech. • Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. The main substantial governmental interests recognized by courts are traffic safety and aesthetics. II. Drafting a sign ordinance See sample sign ordinance, With the First Amendment rules for regulating signs in mind there are City of Hopkins. several steps cities can take when drafting ordinances. There are things every sign ordinance should probably contain and provisions all sign ordinances should avoid. A. Provisions to include 1. Statement of purpose This section tells why the ordinance was drafted and how it should be applied. It should state clearly that it is not intended to have content -based restrictions and should not be applied that way. It provides a quick clear statement of government purposes and how the ordinance fulfills those purposes rather than needing to review your legislative record if challenged. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.imc.org 3/7/2007 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 0 2013 All Rights Reserved Minn. Stat. § 21113.045. 2. Substitution clause A substitution clause provides that for every sign that is allowed, any non- commercial message could be legally substituted. This ensures that non- commercial speech is never discriminated against based on content because it will always allow a noncommercial message on any sign. Many ordinances inadvertently define signs in terms of advertising and may incidentally seem to allow only commercial messages. A substitution clause may correct these mistakes by providing a catch-all allowance of noncommercial messages notwithstanding other provisions. 3. Severability clause A severability clause provides that if any provision of the ordinance is found to be invalid, the remainder of the ordinance stands on its own and is still valid. This clause may prevent a flaw in part of the ordinance from invalidating all of it. 4. Election season pre-emption Your ordinance should contain acknowledgement of election season preemption required by state law. Under this law municipalities must allow noncommercial signs of any size during election season, from 46 days before the state general primary until ten days after the state general election. 5. Content -neutral regulations Regulations should be objectively based on time, place, and manner, not content. Examples include regulations based on size, brightness, zoning district, spacing, and movement. B. Provisions to avoid 1. Unfettered discretion Avoid discretionary approval by the city. Having discretion creates the potential for favoring some messages or messengers over others, whether or not that discretion is actually abused. Permit requirements should be transparent and objective. 2. Exemptions or favoritism Avoid exempting certain groups or messages, such as church signs or official flags, from permit requirements. This could be content -based discrimination. League of Minnesota Cities Information Memo: 3!7/2007 Sign Ordinances and the First Amendment Page 2 [ t-14 1111114TLlilk 241IMI&I Exemptions also may "water down" the substantial government interest. For example, if an ordinance prohibits temporary signs but allows a long list of exemptions, it suggests the city is not really concerned about temporary signs. Exemptions may be based on valid time, place, or manner restrictions, such as exempting all signs under a certain size from permitting requirements. 3. Over -defining signs Cities may inadvertently treat non-commercial speech differently by defining "sign" as "advertising". This occasional problem is the combination of a few steps: • Signs are defined as advertising devices. • The ordinance allows signs as defined. • All other signs are prohibited. This arguably prohibits noncommercial speech, which is unconstitutional. 111. Common sign ordinance issues A. Off -premises advertising (billboards) Off -premise advertising consists of commercial signs that do not advertise for a business on the same premises as the sign. It is legal to forbid off - premise advertising, so long as the prohibition does not extend to noncommercial messages B. Flags Be cautious of regulations that might favor some types of flags, particularly the United States Flag, over other flags. This is a good place for the substitution clause; if one type of noncommercial flag would be acceptable, any noncommercial flag should be allowed. C. Yard signs City ofLadue v. Gilleo, 512 Some courts have held that yard signs are constitutionally protected and U.S. 43, 114 S. Ct. 2038 (1994), cannot be prohibited. Be especially cautious about provisions that favor some messages over others, such as exemptions for real estate or construction project signs. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 3 RELEVANT LINKS: LMC information memo, Regulating Dynamic Signage. SRF Consulting Group, "Dynamic Signage: Research Related to Drive Distraction and Oudinance Recommendations ", June 7, 2007. Minn. Stat. § 462.355, subd. 4. Minn. Stat. § 462.357, subd. le. Paul Merwin, Defense Attorney pmerwin@lmc.org 651.281.1278 Jed Burkett, Land Use Loss Control Attorney jburkett@lmcorg 651.281.1247 D. Electronic signs Electronic signs present new challenges, as the technology is capable of new levels of brightness, movement, flashing, and potential distraction. Most sign ordinances do not adequately address these issues. The League has commissioned a study on the traffic safety implications of the technology. Cities may wish to consider moratoriums while the study is conducted and then drafting ordinances that apply the information to each community. A moratorium may prevent electronic signs from becoming grandfathered. IV. Further assistance There are exceptions to these general rules about sign ordinances and the First Amendment but they should be approached cautiously and with legal advice. Cities should work closely with their city attorney to draft and review sign ordinances. You may also contact League staff for assistance and sample ordinances. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 4 r 00 INFORMATION MEMO LEAGUE OF Regulating Dynamic Signage MINNESOTA g g ynamgna g CITIES City options for regulating large electronic billboards with changing images and movement known as "dynamic signs" to provide safe roadways and observe constitutional protections on speech. Provides links to studies and an ordinance sample. RELEVANT LINKS: I. Dynamic signs In the fall of 2006, a number of Minnesota cities were surprised by the appearance of large electronic billboards akin to giant television screens. These signs are the next generation of sign displays with the ability to feature changing images and movement—known collectively as dynamic signs. SRF Consulting Group, Attempts to regulate them resulted in litigation in at least one community - "Dynamic Signage: Research Related to Driver Distraction Minnetonka. In developing a regulatory response, Minnetonka partnered and Ordinance with the League of Minnesota Cities to commission a study on the impact of Recommendations", June 7, 2007. such dynamic signs on traffic safety. This memorandum discusses the legal framework of regulating dynamic signage in light of the recent litigation and study. II. Regulatory framework Highway Beautification Act, while the federal and state government can enact and have enacted laws 23 U.S.C. § 131. regulating signs, those regulations only provide minimum standards. Courts Metromedia, Inc. v. City of have explicitly recognized that cities have the ability to regulate signs, San Diego, 453 U.S. 490, 101 S. Ct. 2882 (1981). including dynamic signs, more restrictively. There is no uniform system of regulation that cities must follow. Each community is different and has different needs that local ordinances may reflect. Such regulations must meet the same basic legal tests for all sign regulation. LMC information memo, Most city land use decisions get a very deferential standard of review known Taking the Mystery Out of Findings of Fact, as rational basis review. Under this level of review, city decisions will be upheld if they have any rational basis. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.Imc.org 7/26/2007 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 0 2013 All Rights Reserved RELEVANT LINKS: LMC information memo, Sign Ordinances and the First Amendment. Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 101 S. Ct. 2882 (1981). La Tour v. City of Fayetteville, 442 F.3d 1094 (8th Cir. 2006). A. First amendment strict scrutiny Because sign regulations implicate free speech rights which are protected by the First Amendment, they are subjected to higher levels of scrutiny. The highest level of scrutiny, called "strict scrutiny," applies when government tries to regulate based on the content of speech. The only content -based sign regulation that courts have upheld is treating off -premise signs (billboards) differently than on -premise signs that advertise the business on the same property. One distinction that may seem like it is content based, but our federal court of appeals has said is not, is a ban on dynamic signs with an exception for time and temperature displays. The court held that because of their unique nature, allowing only time and temp displays is not a prohibited content - based regulation. It is important not to overstate this, however. Regulations that go further and carve out a broader exception for "public information" are likely to be struck down as impermissibly content -based. B. First amendment intermediate scrutiny Sign regulations that are not content based are subject to "intermediate scrutiny", which tests whether the regulation is substantially related to a significant government interest. This roughly translates to "regulate for a good reason." Cities should take care that the scope of the regulation is not excessive when viewed in light of all of the regulatory objectives, and that they do not create exceptions to the regulations that cannot be justified by reference to one or more of the city's articulated objectives. III. Regulatory tools A. Safety, values, preferences, aesthetics The available research on traffic impacts supports significant content -neutral limits or even bans on dynamic signs for safety reasons. The studies confirm that billboards can tend to distract drivers, dynamic features contribute to the distraction, and even short distractions can increase the risk of accidents. This is not surprising as promotional materials put out by sign companies themselves boast the signs' ability to hold viewer attention as a benefit of dynamic signs. Safety is only one concern. Cities may also regulate signs based on values, preferences, and aesthetics. Not every sign is appropriate in every community or every neighborhood. Not every community wishes to become Las Vegas or even downtown Minneapolis. Cities can take a number of different macro -level approaches to regulation. Some examples include: League of Minnesota Cities Information Memo: 7/27/2007 Regulating Dynamic Signage Page 2 RELEVANT LINKS: • Complete or near-complete bans that do not allow dynamic signs at all. • Allow dynamic signs with restrictions such as minimum display time, allowing only a percentage of a sign to change, or text size limitations. • Allow different things in different zoning districts, such as allowing brighter dynamic signs in a downtown business district than in residential neighborhoods. • Offering incentive programs to billboard companies to allow dynamic signs in exchange for removal of non -conforming static signs. • Encourage dynamic displays. Some communities like the clean, new look of dynamic signs and encourage them to remove old blighted and poorly maintained signs. B. Sign aspects Sample sign ordinance, city A content -neutral regulation that regulates dynamic signage will be subject of Hopkins. to intermediate scrutiny, so a community must show a regulation is substantially related to a significant government interest. In plain language, you must articulate what problem a regulation is,intended to address and how the regulation addresses it. There are at least six aspects of dynamic signs that regulations may address this. The specifics of how to regulate each of these aspects is up to each community. Because review of regulations must face intermediate scrutiny, cities have to take some extra steps when drafting and adopting ordinances. For each aspect regulated, cities should consider adopting findings or local studies that articulate the reason and any support for the regulation. The SRF study and other materials can provide a scientific basis for a number of regulatory steps. In addition, cities may choose more stringent regulation in order to take a conservative approach to protecting safety. 1. Duration of message/speed of changeover Studies have described the Zeigarnik effect, a psychological need to see a task through to its end. In the case of dynamic signs, a driver's desire to read an entire message before it changes or to complete a scrolling message has been shown to negatively impact drivers' tendencies to maintain a constant speed or remain in a lane. To address these issues, many cities have imposed minimum message durations that might vary depending on community preference and traffic conditions. League of Minnesota Cities Information Memo: 7/27/2007 Regulating Dynamic Signage Page 3 RELEVANT LINKS: 2. Motion, animation, video Motion can range from simple visual effects to full realistic video. Motion can extend the period of time a driver will keep watching a sign, increasing distractedness. Cities may prohibit motion or limit it either to specific areas or to specific characteristics such as a motion time frame calibrated to traffic speed. 3. Brightness Brightness can be a safety factor, particularly at night, as sudden brightness can be distracting or diminish night vision. A number of communities limit brightness based on time of day and by color displayed. This can be difficult to quantify and measure. 4. Sign placement and spacing The number of signs and their location can be a big factor in driver awareness. A large number of signs can increase distractedness. Poorly placed signs may block views or cause distraction in unsafe areas. Cities may impose site standards and spacing requirements. These may present regulatory challenges as spacing may be dependent on the actions of neighboring property owners. 5. Size of signs Size can have impacts in several ways. Too big, and it obstructs views and distracts. Too small, and it takes longer to read and encourages sign users to sequence messages. Cities may limit dynamic signs or the percentage of a sign that can be dynamic. 6. Text size and legibility Signs that are difficult to read invite increased driver focus. Regulations can, for example, require minimum sizes based on road speed. IV. Planning ahead Cities should think about dynamic signs as early as possible. Regardless of Minn. stat. § 462.357, sued. your city's approach, it is better to make a rational choice rather than having le. dynamic signs arrive before you have thought about the issue. Once the LMC information memo, signs are up, Minnesota's nonconforming use law arguably grants them Land Use Nonconformities• "grandfathered" status, with a narrow exception for safety. League of Minnesota Cities Information Memo: 7/27/2007 Regulating Dynamic Signage Page 4 RELEVANT LINKS: Paul Merwin, Defense Attorney pmerwin@lmc.org 651.281.1278 V. For further assistance Contact League staff for more information, resources or assistance on regulating dynamic signs. League of Minnesota Cities Information Memo: 7/27/2007 Regulating Dynamic Signage Page 5 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session X Meeting Date November 26, 2013 ITEM NUMBER Dias Chairs STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staples Business Interiors will be dropping off chairs for the Council to give a whirl. I tried out a few they had and narrowed it down to three I thought you might like. As these chairs are coming from the "commercial" side of Staples, versus their retail or online divisions, the chairs are "higher end" and customizable. The three chairs coming out will have fabric seats and mesh backs but they can have fabric backs if you prefer. They will also be dropping off the swatches so you can decide which color you prefer. I know you are all going to love this. That is why I save it until the logo discussions were finished. I found Stables Business Interiors though the state bid materials. The chairs being delivered list between $500 and $700 but will cost the City about half. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: