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Home My WebLink About02/10/2004LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, FEBRUARY 10, 2004 CITY HALL, 7:00 P.M. 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. CALL MEETING TO ORDER AT 7:00 P. M. 2. ROLL: Councibnembers: FiLL� McCloskey Christensen Gill -Gerbig Giannetti Mayor Dains Staff: Getschow 3. APPROVAL OF THE AGENDA 4. APPROVAL A. Approval of minutes of 1/27/04 City Council Meeting B. Approval of claims totaling $18,781.40 5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Any member of the public may speak at this time on any item NOT on the agenda. In consideration of 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 under Additional Items 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 Council's 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. City of Lauderdale Council Agenda February 10, 2004 Page 2 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS 8. INFORMATIONAL PRESENTATIONS A. Annual Storm Water Meeting- NPDES Phase II Permit 9. PUBLIC HEARINGS 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. A. Vacation of a Public Utility Easement at 2337 Summer Street 11. ACTION A. Resolution 021004A: A Resolution to Vacate a Public Utility Easement at 2337 Summer Street B. Approval of the Union Contract C. Approval of Amendments to the City Personnel Policy D. City Administrator Performance Review E. 2004 Staff Compensation 12. REPORTS 13. ITEMS REMOVED FROM THE CONSENT AGENDA 13. ADDITIONAL ITEMS 14. SET AGENDA FOR NEXT MEETING 15. WORK SESSION DISCUSSION A. Draft Zoning Ordinance — Chapters 1-3 B. Delivery agreement with the City Official Newspaper 16. ADJOURNMENT Lauderdale City Council Meeting Minutes January 27, 2004 1. Meeting called to order at 7:10 P.M. �Gfflu Council present: Giannetti, Christensen, McCloskey, Gill -Gerbig and Mayor Dains Staff present: Administrator Getschow 3. APPROVAL OF THE AGENDA A. Approval of Agenda. Motion by McCloskey, second by Giannetti to approve the agenda. Roll: Yes: all. Motion carried. 4. APPROVAL A. Approval of Minutes. Motion by Giannetti, second by Christensen to approve the minutes of the January 13, 2004 City Council meeting. Motion carried unanimously. B. Approval of Claims totaling $70,629.62. Motion by McCloskey, second by Gill -Gerbig to approve the claims totaling $70,629.62. Motion carried unanimously. 5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS ITEMS NOT ON THE AGENDA 6. CONSENT Lauderdale City Council Meeting Minutes, January 27, 2004 Page 2 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS A. Snow Commotion. Council member Giannetti stated that Snow Commotion is scheduled for Saturday, January 31 from 3:00 p.m. to 6:00 p.m. There will be food such as hot dogs and nachos, and beverages such as hot chocolate along with the regular activities such as the medallion hunt, the "shoot - the -puck" game, and the bonfire. The successful horse drawn hayride will also once again return to the event this year. And for the first time, there will be also be a snow art contest for the kids. INFORMATIONAL PRESENTATIONS 9. PUBLIC HEARINGS 10. ACTION A. Resolution 012704A: A Resolution Adopting The Tier I Sewer Element From The 1997 City Of Lauderdale Comprehensive Plan As The Tier II Comprehensive Sewer Plan And To Request That The Metropolitan Council Review The Tier I Sewer Element To Fulfill The Requirements Of A Tier II Comprehensive Sewer Plan. The City Administrator stated that he had received a letter from Metropolitan Council Environmental Services (MCES) in early December requested that the City respond to a requirement regarding the need to submit a Tier II Comprehensive Sewer Plan as an extension of the overall City Comprehensive Plan, which was adopted by the Lauderdale City Council and approved by the Metropolitan Council in 1997. The MCES stated that the original sewer information contained in the Comprehensive Plan, known as the Tier I element, suffices and meets all the requirements of the Tier II element. Therefore, the City is simply requested to adopt, in resolution form, the Tier I sewer element from the 1997 City of Lauderdale Comprehensive Plan as the Tier II comprehensive sewer plan. Motion by Christensen, second by Gill -Gerbig to adopt Resolution 012704A: A Resolution Adopting The Tier I Sewer Element From The 1997 City Of Lauderdale Comprehensive Plan As The Tier II Comprehensive Sewer Plan And To Request That The Metropolitan Council Review The Tier I Sewer Element To Fulfill The Requirements Of A Tier II Comprehensive Sewer Plan. Roll: Yes: all. Motion carried. Lauderdale City Council Meeting Minutes, January 27, 2004 Page 3 B. Approval of the Joint Powers Agreement with the Ramsey County GIS User's Group. The City Administrator stated that since 1995 the City has been involved with the Ramsey County Geographic Information Systems User Group. This Group was formed in order to create an alliance between the cities in Ramsey County interested in using GIS data created and maintained by Ramsey County. Every three years the joint powers agreement is up for renewal. The annual dues for this organization have been approximately $200.00. A new initiative of the User's Group is the creation of a new online mapping application that has current countywide data with aerial imagery available. This can be easily accessed from the Internet and may not require the City to operate its own software program. Motion by Gill -Gerbig, second by Giannetti to approve the Joint Powers Agreement with the Ramsey County GIS User's Group from 2004-2005. Roll: Yes: all. Motion carried. C. Approval of the 2004 Goals. The Mayor summarized the goals that were initially discussed at the January 13 meeting. Motion by McCloskey, second by Gill -Gerbig to approve the 2004 Goals. Roll: Yes: all. Motion carried. 11. REPORTS A. Mississippi Watershed Management Organization (MWMO). Council member Gill -Gerbig provided an update on the current activities of the Mississippi Watershed Management Organization (MWMO) that she is a Board member of as a representative of Lauderdale. B. Annual Homestead Property Tax Rankings. Administrator Getschow reported that the 2003 annual homestead property tax rankings for cities were released earlier this month. He stated that as a community, Lauderdale is ranked 56t1' out of 108 metro communities in total property taxes. This includes the property tax bill for the city, the county, the school district, and all special districts. The City portion has traditionally been approximately 30% of the total bill. When looking at just the city portion of the tax bill, the City ranks 701h out of 108 metro communities. Lauderdale City Council Meeting Minutes, January 27, 2004 Page 4 Getschow also noted that when using the median valued home in each community as the determining factor for property taxes, Lauderdale ranked 107 out of 108 metro communities. This may actually be the best indicator of property tax ranking since someone will have a difficult time finding a house assessed at $120,000 house in North Oaks or a house assessed at $350,000 in Lauderdale. 12. DISCUSSION A. Union Contract. There was a break taken at 7:57 p.m. At this point, the Mayor excused himself from the meeting due to the fact that he is employed by the same overall union that negotiates with the City of Lauderdale. Under this scenario, he wishes to avoid any conflict of interest. The meeting resumed at 8:04 p.m. Mayor Pro -Tem Gill -Gerbig immediately closed the meeting for the purpose of discussing the union contract. The Mayor Pro -Tem opened the meeting at 8:44 p.m. 13. ITEMS REMOVED FROM THE CONSENT AGENDA 14. ADDITIONAL ITEMS 15. SET AGENDA FOR NEXT MEETING 1. Annual Storm Water Meeting 2. Public Hearing on the vacation of a Utility Easement 3. Union Contract 4. 2004 Staff Compensation 5. Work Session: Draft Zoning Ordinance and Official Newspaper Delivery/Coverage 16. ADJOURNMENT Motion by Christensen, second by McCloskey, to adjourn at 8:45 P.M. Ayes: All. CITY OF LAUDERDALE Claims for Approval February 10, 2004 City Council Meeting IPayroll 01/30/04 Payroll: Check # 7515-7522 01/30/04 Payroll: EFT: Federal Withholding Taxes/FICA 01/30/04 Payroll: EFT: PERA 01/30/04 Payroll: EFT: ICMA Retirement Fund Jan 04 Payroll: EFT: State Withholding Taxes R:MO K61 l 2"111 02/10/04 Claims: Check # 16735-16751 2003 State Sales and Use Tax Subtotal of Claims From Above $7,057.40 $2,609.92 $1,035.42 $647.52 $1,451.78 $5,938.87 $40.49 $18,781.40 Total Claims for Approval $18,781.40 CITY OF LAUDERDALE Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments Search Name AFSCME 016735 2/10/04 021004claims 2/10/04 $113.85 01/04 union dues Search Name AFSCME $113.85 Search Name BFI 016736 2/10/04 021004claims 2/10/04 Search Name BFI Search Name CINTAS 016737 2/10/04 021004claims 2/10/04 Search Name CINTAS Search Name GLENWOOD INGLEWOOD 016738 2/10104 021004claims Search Name GLENWOOD INGLEWOOD Search Name HOME DEPOT CRC 016739 2/10/04 021004claims 2150383 Search Name HOME DEPOT CRC $2,472.50 01/04 recycling $2,472.50 $76.00 1/29, 2/5 pw uniforms $76.00 $75.94 01/04 water delivery $75.94 $19.67 light bulbs $19.67 Search Name HUGHES & COSTELLO 016740 2/10104 021004claims 2/10/04 $850.00 2/04 retainer fee 016740 2/10/04 021004claims 2/10/04 $63.75 2/04 print/process Search Name HUGHES & COSTELLO $913.75 Search Name KENNEDY & GRAVEN 016741 2/10/04 021004claims 59919 Search Name KENNEDY & GRAVEN Search Name MAMA 016742 2/10/04 021004claims 856 Search Name MAMA Search Name MET -COUNCIL ENVIRONMENTAL SER. 016743 2/10/04 021004claims 769037 Search Name MET -COUNCIL ENVIRONMENTAL SER. Search Name MINNESOTA CONWAY 016744 2/10/04 021004claims 329470 Search Name MINNESOTA CONWAY Search Name OFFICE MAX 016745 2/10/04 021004claims 3053j002 Search Name OFFICE MAX Search Name PARK SERVICE 016746 2/10/04 021004claims 2/10/04 016746 2/10/04 021004claims 2/10/04 Search Name PARK SERVICE Search Name RAPIT PRINTING 016747 2/10/04 021004claims 104144 Search Name RAPIT PRINTING Search Name SAM'S CLUB $700.00 12/03 legal services $700.00 $50.00 '04 dues $50.00 $392.00 adjust jan, feb billing wastewater $392.00 $110.22 annual fire extinguisher inspection $110.22 $76.80 general office supplies $76.80 $17.60 2/10/04 truck fuel $158.32 2/10/04 truck fuel $175.92 $167.30 print 1804 newsletter $167.30 02/06/04 10:28 AM Page 1 CITY OF LAUDERDALE 02/06/0410:28 AM Page 2 Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments 016748 2/10/04 021004claims 2/10/04 $46.13 snow commotion supplies 016748 2/10/04 021004claims 2/10/04 $90.00 '04 member dues Search Name SAM'S CLUB $136.13 Search Name TRUCK UTILITIES 016749 2/10/04 021004claims 122212 016749 2/10/04 021004claims 122212 Search Name TRUCK UTILITIES Search Name US BANK, DEBT SERVICES 016750 2/10/04 021004claims 1291553 Search Name US BANK, DEBT SERVICES Search Name WASTE MANAGEMENT 016751 2/10/04 021004claims 2/10/04 016751 2/10/04 021004claims 2/10/04 Search Name WASTE MANAGEMENT $120.00 truck repairs $120.00 truck repairs $240.00 $158.13 '00 street/utility imp admin fees $158.13 $30.33 02/04 garbage service $30.33 02/04 garbage service $60.66 Grand Total $5,938.87 0 1891 Walnut Street ® Lauderdale ® Minnesota • 55113 Phone: 651.631.0300 ® Fax: 651.631.2066 www. ci. lauderdale. mn. us LAUDERDALE ANNUAL WATER FEBRUARY 1 2004 AGENDA WELCOME SUMMARIES (City Administrator) 1. NPDES MS4 Phase II Permit Overview 2. Storm Water Pollution Prevention Plan (SWPPP) Overview 3. Status of Compliance with the Permit Conditions — Annual Report 4. Appropriateness of the Best Management Practices (BMP's) in the SWPPP 5. Progress in Achieving Measurable Goals OPEN FORUM FOR PUBLIC COMMENT 1. SWPPP Annual Report 2. Adequacy of the SWPPP TIME FOR REVIEW AND COMMENT ON COMMUNITY SWPPP's ATTACHMENTS: 1. Frequently Asked Questions for the NPDES Phase II Regulations 2. MS4 Storm Water Program Overview 3. NRDC article — "The Problem of Urban Storm Water Pollution" 4. Lauderdale BMP Lists and Measurable Goals 5. 2003 Small MS4 Annual Report Form Phase II Storm Water Program Revised 10/21/02 "LW, MC League of Minneaota Cities Cities promoting excellence Welcome to the Frequently Asked Questions (FAQ) Page for NPDES Stormwater Phase II regulations. We have attempted to put together some of the most common questions people have regarding the Phase II requirements. For many of them, we've given a brief explanation and provided links to allow you to look further into the subject if so desired. Also, be sure to check back periodically since we will be updating this to reflect more recent inquiries related to the permitting process as it unfolds. Background/Introduction What is the NPDES Phase II pro_mam? Why does this program exist? Terminology What is an MS4? What is an Urbanized Area? Is there a difference between an individual permit and a general permit? When people say NOI is that the same as a permit application? Is that the same as a SWPPP? Permit Fundamentals Who is required to submit an MS4 permit? When do I need to have an MS4 permit submitted? Is water quality monitoring required as part of the MS4 permit? Are we required to field are own activities? Are we required to fiend are own activities? Can I take advantage of other programs done by other entities? Do the MS4 Construction and Industrial applications (NOI) need to be made at the same time? Top 3 FAQs How much will it cost to comply with the Phase H pro.6ram? _What are some common pitfalls in the Phase H application? Where can I find more information on the Phase II program or BMPs? League of Minnesota Cities • 145 University Avenue West • St. Paul, MN 55103-2044 • (651) 281-1200 • (800) 925-1122 • www.Imnc.org Copyright © 2002-2003 League of Minnesota Cities. All rights reserved. Not for reproduction or distribution. N What is the MPDS Phase II program? The National Pollution Discharge Elimination System (NPDES) Phase II program is a federally mandated program established by the Environmental Protection Agency (EPA) to implement and maintain stormwater management activities though a permitting mechanism. The Phase II program consists of three management areas to be regulated: -MS4 activities -Construction activities -Industrial activities Here is a link to the Minnesota Pollution Control Agency (MPCA) general overview of the Phase II program for a more detailed explanation. MPCA Phase II Overview (2 - pages) Why does this program exist? According to a 1996 USEPA Water Quality Inventory, approximately 40% of U.S. waterbodies are impaired and do not meet water quality standards and a large portion of those impaired are due to nonpoint source storm water related problems. This program targets storm water management implementation or reform, seeks to create awareness and change behavior towards the management of storm water runoff to improve the quality and health of the waters of the State. What is an MS4? An MS4 is a publicly owned and operated Municipal Separate Storm Sewer System. Broadly, any drainage feature, that conveys storm water is considered a storm sewer system including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains. Not all MS4's will need to apply for permit coverage. Look into this EPA fact sheet for a more detailed description. EPA Fact Sheet 2.1 (4 -pages) What is an Urbanized Area? An Urbanized Area is a demographical boundary established by the U.S. Census Bureau, which generally describes an urban area that has a population of 50,000 people and a density of at least 1,000 per square mile. For a more complete description, here is a link to an EPA fact sheet. EPA Fact Sheet 2.2 (3 pages) Also, here is a link to maps of the urbanized areas in Minnesota provided by the MPCA. 2000 Census Bureau Maps of Urbanized Areas in Minnesota League of Minnesota Cities • 145 University Avenue West • St. Paul, MN 55103-2044 • (651) 281-1200 • (800) 925-1122 • www.imnc.org Copyright © 2002-2003 League of Minnesota Cities. All rights reserved. Not for reproduction or distribution. Is there a difference between an individual permit and a general permit? Yes. An individual permit is one that is submitted directly by the permittee to the EPA. A general permit is one that is drafted by an EPA designated permitting authority. In Minnesota, the MPCA is the permitting authority (PA). A permittee must submit their Notice of Intent (NOI) to comply with the MPCA general permit. When people say NOI, is that the same as a permit application? Is that the same as a SWPPP? The MCPA definition of Notice of Intent (NOI) states to following: "as referenced in the USEPA documents is synonymous with the term `permit application "for the purposes of this permit. " As part of the NOI/permit application, a summary of the Stormwater Pollution Prevention Program (SWPPP) is required. Although the complete version of the SWPPP is considered a legally binding document and a specific requirement for permit compliance, only a summary is required to be sent with the NOI/permit application. Who is required to submit an MS4 permit? An MS4 permit is mandatory for any operator of an MS4 within an Urbanized Area. Additional discretionary MS4s will be identified by the MPCA after selection criteria are established and applied. For the MPCA list of mandatory MS4s which will be required to submit coverage under the general permit click here. For the MPCA maps of Urbanized Areas in Minnesota click here. When do I need to have an MS4 permit submitted? All mandatory MS4s' must submit their Notice of Intent (NOI)/Application to comply with the general permit by March 10, 2003 Is water quality monitoring required as part of the MS4 permit? No, water quality monitoring is NOT required. The structure of the phase II program has intentionally been left flexible since the EPA realizes the immense differences in climate, infrastructure, existing programs, and demographics for individual cities around the nation. Are we required to fund are own activities? Yes, regulated entities are required to develop their own funding for their programs. League of Minnesota Cities • 145 University Avenue West • St. Paul, MN 55103-2044 • (651) 281-1200 • (800) 925-1122 • www.imnc.org Copyright © 2002-2003 League of Minnesota Cities. All rights reserved. Not for reproduction or distribution. Can I take advantage of other programs done by other entities? Yes. Combining efforts with other entities is strongly encouraged by the EPA and MPCA. A permittee can rely on another entity that may already be implementing a Best Management Practice (BMP) for any of the six minimum control measures. Both SWPPPs will need to document a general description of the BMP including measurable goals and person responsible for executing the work. Also, the EPA is encouraging the entities to develop an "agreement" to ensure that the BMP is being implemented. ®o the MS4, Construction, and Industrial applications (NOI) need to be made at the same time? No. How much will it cost to comply with the Phase II program? The cost of the Phase II program will vary with each permittee. We understand this is an important issue deserving a more precise response, but the differences between certain city populations, existing programs and geography makes it difficult to answer. Here is a document that compares two relatively different cities with different philosophies for permit compliance and written by Andy Reese, a member of the LMC NPDES Phase II Guide Plan Team. NPDES Phase II Cost Estimates What are some common pitfalls in the Phase II application? Three common pitfalls during the application for coverage under the general permit include: ➢ Not starting the application process early enough. ➢ Not identifying and including existing BMPs within your SWPPP. ➢ Relying on water quality monitoring as a measurable goal. Where can I find more information on the Phase II program or BMPs? More information is available in the "Primer." Visit the LMC Phase II Storin Water Pro�t•am section of the LMC web site. If you have questions or need additional information, please e-mail: phaseLUc Ininc. ori. League of Minnesota Cities • 145 University Avenue West • St. Paul, MN 55103-2044 • (651) 281-1200 • (800) 925-1122 • www.lmnc.org Copyright © 2002-2003 League of Minnesota Cities. All rights reserved. Not for reproduction or distribution. Minnesota Pollution Control Agency Policy and Planning Division Regular Facilities and Site Remediation Section Storm Water Phase II Final I MS4 Storm dater Program Overview Polluted Storm water runoff is often transported to municipal separate storm sewer systems (1\4S4s) and ultimately discharged into local rivers and streams without treatment. EPA's Storm Water Phase II Rule establishes an MS4 storm water management program that is intended to improve waterways by reducing the quantity of pollutants that storm water picks up and carries into storm sewer systems during storm events. Common pollutants include oil and grease from roadways, pesticides from lawns, sediment from construction sites, and carelessly discarded trash, such as cigarette butts, paper wrappers, and plastic bottles. When deposited into nearby waterways through MS4 discharges, these pollutants can impair the waterways, thereby discouraging recreational use of the resource, contaminating drinking water supplies, and interfering with the habitat for fish, other aquatic organisms, and wildlife. In 1990, EPA promulgate rules establishing Phase I of the National Pollutant Discharge Elimination System (NPDES) storm water program. The Phase I program for MS4s requires operators of "large" MS4s, that is, those that generally serve populations of 100,000 or greater, to implement a storm water management program as a means to control polluted discharges from these MS4s. The Minneapolis and St. Paul Storm Water Phase II Rule extends coverage of the NPDES storm water program to certain "small" MS4s but takes a slightly different approach to how the storm water management program is developed and implemented. What Is a Phase II MS4? An MS4 if any MS4 not already covered by the Phase I program as a large MS4. The Phase II Rule automatically covers MS4s Water/Storm Water #1.04, January 2001 located in "urbanized areas" as defined by the Bureau of the Census, and on a case-by-case basis those MS4s located outside of urbanized areas that the NPDES permitting authority designates. What Are the Phase II MS4 Program Requirements? Operators of regulated MS4s are required to design their programs to: • Reduce the discharge of pollutants to the "maximum extent practicable" (MEP); • Protect water quality; and • Satisfy the appropriate water quality requirements of the Clean Water Act. Implementation of the MEP standard will require the development and implementation of BMPs and the achievement of measurable goals to satisfy each of the six minimum control measures. The Phase II Rule defines a MS4 storm water management program as a program comprising six elements that, when implemented in concert, are expected to result in significant reductions of pollutants discharged into receiving waterbodies. The six MS4 program elements, termed "minimum control measures," are outlined below. 1. Public Education and Outreach Distributing educational materials and performing outreach to inform citizens about the impacts polluted storm water runoff discharges can have on water quality. `y/q-swl-04 Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194 (651) 296-6300, toll-free (800) 657-3864, TTY (651) 282-5332 or (800) 657-3864 This material can be made available in alternative formats for people with disabilities. Minnesota Pollution Control Agency Policy and Planning Division Regular Facilities and Site Remediation Section 2. Puhlic Participation/Involvement Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives on a storm water management panel. 3. Illicit Discharge Detection and Elimination Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system (includes developing a system map and informing the community about hazards associated with illegal discharges and unproper disposal of waste). 4. Construction Site Runoff Control Developing, implementing, and enforcing an erosion and sediment control program for construction activities that disturb 1 or more acres of land (controls could include silt fences and temporary storm water detention ponds). 5. Post Construction Runoff Control Developing, implementing, and enforcing a program to address discharges of post -construction storm water runoff from new development and redevelopment areas. Applicable controls could include preventative actions such as protecting sensitive areas (e.g., wetlands) or the use of structural BMPs such as grassed swales or porous pavement. 6. Pollution Prevention/Good Houselceeping Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques (e.g., regular street sweeping, reduction in the use of pesticides or street salt, or frequent catch -basin cleaning). Water/Storm Water #1.04, January 2001 What Information Must the NPDES Permit Application Include? The Phase II program for MS4s is designed to accommodate a general permit approach using a permit application. The operator of a regulated MS4 must include in its permit application, its chosen BNIPs and measurable goals for each minimum control measure. To help permittees identify the most appropriate BMPs for their programs, there will be a "menu," of BMPs to serve as guidance. What are the Implementation Options? The rule identifies a number of implementation options for regulated small MS4 operators. These include sharing responsibility for program development with a nearby regulated small MS4, taking advantage of existing local or State programs, or participating in the implementation of an existing Phase I MS4's storm water program as a co - permittee. These options are intended to promote a regional approach to storm water management coordinated on a watershed basis. What Kind of Program Evaluation/Assessment Is Required? Permittees need to evaluate the effectiveness of their chosen BMPs to determine whether the BMPs are reducing the discharge of pollutants from their systems to the "maximum extent practicable" and to determine if the BMP mix is satisfying the water quality requirements of the Clean Water Act. Permittees also are required to assess their progress in achieving their program's measurable goals. If there is an indication of a need for improved controls, permittees can revise their mix of BMPs to create a more effective program. MS4 STORM WATER PROGRAM OVERVIEW rHur- 4 JRDC: The Problem of Urban Stormwater Pollution NATURAL RESOURCES DEFENS DCNome Join Us/Give Now About Us Act Now Tat LA-etH`s H£SY 6Ettxit Clean water & Clean Water & Oceans: Water Pollution: In Brief: Fact Sheet Oceans M Email This Article Drinking Water The Problem of Urban Stormwater Pollution o Water Pollution Polluted runoff rivals (or exceeds!) sewage plants and factories as a source of In Brief water contamination. In Depth Related Links Our drinking water supplies, shellfishing waters and bathing beaches are fouled by Oceans uncontrolled pollution when rainwater and snowmelt wash over city streets, parking \.rater Conservation lots, and suburban lawns and pick up toxic chemicals, disease -causing organisms, wid Restoration and dirt and trash. This problem is called urban stormwater pollution. Recent studies Everglades have found that urban stormwater rivals and in some cases exceeds sewage plants and large factories as a source of damaging pollutants. Chan Air tx Encrgy Two hundred years of unregulated, unmanaged urban stormwater have contributed to many severe public health problems and expensive natural resource losses in the - zSlobal Worming United States. Left unregulated and uncontrolled, urban stormwater: -' ® pollutes drinking water sources, filling in reservoirs with clogging silt and r'`"`I`t` " Fish oxygen -robbing nutrients and contributing to drinking water emergencies; Parks, Forests & "'ildi r°d e fills in navigable waterways with contaminated sediment, leaving us with Toxic Chi-�rnicals increased dredging and spoil disposal costs; fir; Health C Muctear Weapons ® closes or shrinks lucrative rockfish, shad, flounder, crab, oyster, and other u erase commercial fisheries due to chemical contamination, oxygen starvation, and _-; Cities s_ the resulting loss of habitat; Green Living Environmental ® fouls beaches and other recreational waters, causing losses in revenues from Leisiaricn declines in boating, fishing, duck hunting and coastal tourism; . scours smaller stream channels and dumps huge gravel and silt loads, ruining fish and amphibian habitat; Refernc ReFeran�e/Links Publications . obliterates small streams, springs and wetlands during development (these Fun Features natural waterbodies are sources of clean ground and surface water and serve Subscribe as habitat for aquatic life); and Riedia Center • damages homes and businesses during the flash floods common where En Ec-par3ol stormwater is left uncontrolled Site Map Contact Us Each of these problems carries heavy costs: increased spending on health care, higher insurance and drinking water rates, declining stocks of commercial fish, and loss of coastal tourism revenues. Americans are spending millions on these symptoms of stormwater pollution instead of trying to control the root cause. For a collection of case studies documenting some of the most effective strategies being employed by communities around the country to control urban runoff pollution, see Stormwater Strategies. last revised 11.10.00 http://www.nrde.org/water/Pollution/fstonn.asp rage i or 1 2/4/2004 0 .s z w v i••' 4 U y L?. U c3 V S✓ O 0 U V � o 0 U MM vj cid 0 rn U 0 V Q 41" . 0 0 d Ed a r 0 cz Q, a to cr 0 p; CI ❑❑ ❑ D O ❑ ❑ :J O r _ 0 C y U 0 orya Vi n: o> ; V) s N o o w o c» U E ., co F✓ c cw ❑ ❑ ❑ ❑ ❑ ❑ ❑❑❑ ❑ w 4 U y L?. U c3 V S✓ f`. � '� U U U s-; til i"' L`. tU- Ql > '� Y J ^ �_ > o T N U a❑ ❑ Cl ❑ D L?. U c3 d Ql > '� Y J ^ �_ .ai N ^ ^ O � U J r- j «� D ,O O a; n C on 13 CCS C. :f Wit) '_'_ ..� = y > J :J ^. — 'J n - 7- J Ow > '� Y a; ❑ ❑ O ❑ ❑ > '� Y O a; ❑❑ ❑D 13 71 D ❑ 13 Cl Bonestroo ® Rosene Anderlik & memoAssociates Engineers & Architects Project Name: NPDES Phase II Client: City of Lauderdale To: Rick Getschow File No: 532-02-109 From: Shabana Hameed, Wesley Sauders-Pierce Date: 3/12/03 Re: BMPs and Measurable Goals (revisions from 2/18/03 meeting) BMP List and Measurable Goal Options City of Lauderdale NPDES Phase II MS 4 Permit (Revisions from 2nd meeting on 2/18/03) Introduction The list of BMPs below is a compilation of existing practices within Lauderdale. The list was gathered from the self-assessment meeting, concise lists, and ordinance review process. For each BMP, we have established possible measurable goals which we feel could be included in the City's Storm Water Pollution Prevention Plan (SWPPP). Since the measurable goals are the determination of BMP completion and effectiveness reported to the MPCA in your annual report, it is important to consider which goals are appropriate. Best Management Practice Measurable Goals MCMA: 'Public Education and Outreach Local access cable channels • Number of storm water related segments • Prepare seasonally appropriate materials aired F21 Newsletter • Number of educational stormwater articles • Prepare seasonally appropriate articles • Number of times the newsletter is sent out • Update mailing list (quarterly) • Number of households 3 Weekly newspaper • Number of storm water related articles • Submit seasonally appropriate articles • Number of households 4 Public information kiosk • Number of storm water related • Designated spot on kiosk for posting articles/brochures posted storm water related material • Recycling & compost 5 • Illicit discharge City website storm water information • Number of storm water related articles/links • Storm water related material • Number of hits • Upcoming storm water related activities • Access to ordinances • Volunteer opportunities. Q --f— QncpnP Anderllk and Associates. Inc. St. Paul Office: • Milwaukee Office: • Rochester Office: 2335 West Highway 36 1516 West Mequon Road 112 7h Street NE St. Paul, MN 55113 Mequon, W153092 Rochester, MN 55906 Phone: 651-636A600 Phone:262-241-4466. Phone: 507-282-2100 Fax: 651-636-1311 Fax: 262-241-4901 Fax: 607-282-3100 • Willmar Office: 205 5th Street SW Willmar, MN 56201 Phone: 320-214-9557 Fax: 320-214-9458 • St. Cloud Office: 3721 2P Street S St. Cloud, MN 56301 Phone: 320-251-4553 Fax: 320-251-6252 www.bonestroo.com Grayslake WTI= 888 East Belvidere Road Grayslake, IL 60030 Phone: 847.548-6774 Fax: 847-548-6979 i �j� [3otMstrat ® �� Rosene 1U1derlUc E Assochlte; rrg-.,, i Atthi,r 6 Brochures and inserts • Number of brochures - • Storm water related brochures • Number of utility inserts • Utility bill inserts MCM 2: 'Public Participation and Involvement 7 Spring cleanup week • Completed spring cleanup (y/n) • Willmar Office: • Designate time period • Properties inspected (%) Office: • Publicize • Number of letters generated 8 Community/educational/business partnerships • Number of partnerships 2335 West Highway 36 1516 West Mequon Road • Projects completed 9 Community complaint call in and receipt • Year 1 -Complete hotline procedures and Road St. Paul, MN 55113 procedures receipt documentation Willmar, MN 56201 • Establish phone line • Number of complaints Phone: 651-636-4600 • Publicize availability • Actions taken due to complaints. 10 Public meeting • 30 day notice requirement fulfilled 6774 Fax: 651-636-1311 • 30 -day notice • Attendance 11 Joint public/City commissions/boards • Number of citizens appointed • Number of boards/commissions 12 Inter -City city/watershed partnerships • Cooperative efforts (based on shared interest/resource) MCM 3: Illicit Discharge and Detection 13 Storm sewer map • Year 1- Evaluation/verification • Location of pipes & conveyances . Year 2- In process • Location of all water bodies and wetlands • Year 3- 100% complete • Location of structural pollution devices • Update completed (y/n) (grit chambers) • Location of outfalls and other discharge points 14 Spill reduction and response program o Contracted to Falcon Heights Fire Dept. • Spill kits (y/n) • Spill response training • Emergency Management Plan exists (y/n) 15 Community complaint call in and receipt • Year 1 -Complete hotline procedures and procedures receipt documentation • Establish phone line • Number of complaints. • Publicize availability • Actions taken due to complaints 16 Illicit discharge inspection • Completed (y/n) • Inspection of outfalls (min. 20%) • Dry weather flow observation 17 Illegal dumping ordinance • Year 1- Evaluate existing ordinances • Enforcement clause • Year 2- Develop ordinance language, • Penalty clause consult attorney • Year 3 — Implement ordinance 18 Illicit discharge ordinance • Year 1- Evaluate existing ordinances • Enforcement clause • Year 2- Develop ordinance language, • Penalty clause consult attorney • Year 3 — Implement ordinance Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com • St. Paul Office: • Milwaukee Office: Rochester Office: • Willmar Office: St. Cloud Office: Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 1127 1h Street NE 205 5th Street SW 3721 23d Street S 888 East Belvidere Road St. Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56201 St. Cloud, MN 56301 Grayslake, Il 60030 Phone: 651-636-4600 Phone: 262-2414466 Phone: 507-282-2100 Phone: 320-214-9557 Phone: 320-251-4553 Phone: 847-548- 6774 Fax: 651-636-1311 - Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 ;�� Boncstrat H -m Rosene Anderlik t Associate,, gs3iwtr, 6 A,thha�t 19 Right to entry provision • Completed ordinance /n) 20 Sanitary sewer program • Inventory of existing system (y/n) • St. Paul Office: • Length of pipe cleaned • Rochester Office: • Length of pipe replaced St. Cloud Office: • Contingency plans in the event of sewer Office: 2335 West Highway 36 backup (/n) 21 Septic systems prohibited • Ordinance complete (/n MCM4: " Construction Site Runoff Control 22 Community complaint call in and receipt • Complaints received Rochester, MN 55906 procedures • Violations recorded Grayslake, IL 60030 Phone: 847-548- • Establish phone line • Inspections done as follow up Phone: 507-282-2100 • Publicize availability • Actions taken 6774 Fax: 651-636-1311 • Number of stop work orders issued 23 Site plan requirement and review process • Site plan review requirements exists (y/n) Fax: 847-548-6979 • Year I — Review existing procedures • Review standards in place • Number of plans reviewed 24 Development review meeting/pre-construction • Number of plans reviewed meeting (?) • ESC brochures distributed 25 Minimum erosion and sediment control BMPs . Minimum standards exist/referenced (y/n) • BMPs listed • Waste control requirement (y/n) • Linked with MPCA minimum standards • On-site waste control 26 Performance Bond/Letter of Credit • Number of occasions when performance bond money was used for ESC work. 27 ESC Inspection Program • Number of stop work orders issued • Number of inspections 28 ESC Ordinance • Completed ESC ordinance (y/n) • Plan review • Ordinance connection with SWMP (y/n) • 1 acre or > permit requirement • Year 1- Evaluate existing ordinances • Provision for inspection • Year 2- Develop ordinance language, Bonding & security consult -attorney, implement ordinance • Enforcement procedure & penalty clause • Minimum ESC BMPs listed MCM 5: Post -Construction Site Runoff Control 29 Plan review • Plans reviewed (#) Detention ponds • BMPs in place (#) • Infiltration BMPs • Standards in place (y/n) • Filtration BMPs • Manufactured BMPsConnections with MPCA's "Protecting Water Quality in Urban Areas" standard. • Connection with SWMP 30 1 Vegetative stabilization • Number of sites vegetated/stabilized Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com • St. Paul Office: • Milwaukee Office: • Rochester Office: • Willmar Office: St. Cloud Office: Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7h Street NE 205 5th Street SW 372123' Street S 888 East Belvidere Road St. Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56201 Phone: 320-214-9557 St. Cloud, MN 56301 Phone: 320-251-4553 Grayslake, IL 60030 Phone: 847-548- Phone: 651-6364600 Phone: 262-2414466 Phone: 507-282-2100 6774 Fax: 651-636-1311 Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 �� Bormstrcx Rosene nonLom C= A wietifk 6 Associate; Mefflu rryxxoa &A,001.0 31 Structural stabilization • Number of outlets stabilized St. Cloud Office: Grayslake • Number of sites where riprap or any other 112 7'" Street NE 205 5th Street SW 3721 23rd Street S form of stabilization was used 32 BMP Operation & maintenance (ordinance) • Number of maintenance agreements St. Cloud, MN 56301 Phone: 320-251-4553 Grayslake, IL 60030 Phone: 847-548- • Number of violations recorded 33 Wetland ordinance • Ordinance completed (/n) 34 Pet waste ordinance • Ordinance completed (/n) 35 Lawn fertilizer ordinance • Ordinance (completed (y/n) 36 Zoning Ordinance • Completed zoning ordinance (y/n) 37 Storm water management ordinance • Completed storm water management ordinance (y/n) 38 Storm/Surface Water Management Plan • Date; completed (y/n) • Date; updated ( /n) 39 Comprehensive Plan • Comprehensive Plan updated (y/n); date 40 Tree protection program • Program in place • Staff • Ordinance • Policy regarding planting • Policy regarding diseased trees) • Tree Inspector • Tree planting commission MCM 6: Pollution Pievention/Good Housekeeping 41 Equipment Maintenance Program • Equipment maintained (y/n) • Equipment maintenance schedule • Fleet maintained (y/n) • Fleet maintenance schedule • Oil recycled (y/n) • Oil recycled 42 Street sweeping • Number /length of street swept • Licensed contractor • Priority areas 43 Outfall, sediment basins and ponds inspections • Number inspected • 20% minimum each year on a rotating • Number cleaned/sediment removed basis 44 Structural pollution devices inspection (annual) • Number inspected • Manholes, grit chambers, floatable • Number cleaned/sediment removed skimmers and traps, separators and other settling or filtering devices 45 Storm water system maintenance (annual) • Conveyance system inspection (where possible) • Catch basins inspected • List of maintenance actions taken Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com • St. Paul Office: Milwaukee Office: Rochester Office: • Willmar Office: St. Cloud Office: Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7'" Street NE 205 5th Street SW 3721 23rd Street S 888 East Belvidere Road St. Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56201 Phone: 320-214-9557 St. Cloud, MN 56301 Phone: 320-251-4553 Grayslake, IL 60030 Phone: 847-548- Phone: 651-636-4600 Phone: 262-2414466 Phone: 507-282-2100 6774 Fax: 651-636-1311 Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 Y J'A �� Roscrie MemoAjtdMik A Asi"Iate; [ryr+rarc 6 t,i�"necr 46 Training Programs staff attended • External training • In-house training • Brochures/postings on City premises • Number of training programs offered • Number of training programs attended • Number of brochures • Number of postings Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com • St. Paul Office: • Milwaukee Office: Rochester Office: • Willmar Office: • St. Cloud Office: Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 112 7" Street NE 205 5th Street SW 3721 23rd Street S 888 East Belvidere Road St. Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56201 St. Cloud, MN 56301 Grayslake, IL 60030 Phone: 651-636-4600 Phone:262-241-4466 Phone: 507-282-2100 Phone: 320-214-9557 Phone: 320-251-4553 Phone: 847-548- 6774 Fax: 651-636-1311 Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 11 By completing this annual report form, you are `providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including all assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goals for each of the minimuni control nieasures "as required by the MS4 Permit. Use of this form is not mandatory; however, you must address all the questions in sinnilar format. Name of MS4: Contact Person: Telephone Number: () Address: (city) (state) (zip code) Permit Conditions Yes No 1. a. Did you hold a public meeting on your Storm Water Pollution Prevention Program (SWPPP)? [PartV.G.l.e] NOTE: You must hold your public meeting before March 10, 2004. b. What was the date of the public meeting? c. In what newspaper or publication of general interest did you publish the public notice of your meeting? [PartV.G.l.e.2] d. On what date was it published? NOTE: Please retain a copy of the public notice in your records. 2. a. During your public meeting, did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1-3] NOTE: input must be considered prior to submittal o your annual report. b. Did you create a record of comments and your response to comments/record of decision (ROD)? c. Have you kept the ROD in accordance with the permit? [Part V.G.2.b] 1 1/28/2004 Permit Conditions:: . Yes No d. Do you plan to incorporate any comments into your next SWPPP update? [Part V.G.2.c] 3. a. Did you identify and inspect all of your structural pollution control devices such as trap manholes, grit chambers, sumps, floatable skimmers and separators, etc.? [Part V.G.6.b.21 b. How many structural pollution control devices do you have in your MS4 system? c. How many structural pollution control devices did you inspect? d. What percentage is this? NOTE: If less than 100 % were inspected, please explain why. 4. a. Did you repair, replace, or maintain any structural pollution control devices? b. Briefly, summarize any significant unscheduled (not routine) maintenance or improvement activities stemming from inspections of your structural pollution control devices. Attach a separate sheet. 5. a. Did you identify and inspect at least 20% of your outfalls, sediment basins, and ponds? [Part V.G.6.b.3] b. How many outfalls, basins and ponds do you have? c. Indicate if this number known or estimated? d. How many of you outfalls, sediment basins, or ponds did you inspect? e. What percentage is this? f. Briefly, summarize the dates of completion of major additional protection measures triggered by your inspections. [Part V.G.6.b.4]. Attach a separate sheet if necessary. 1/28/2004 6. a. Did you make a change to any identified best management practices or measurable goals that were submitted with your permit application? [Part V.G.6.b.1] See note below. Note: At this time, it is not necessary to revise your SWPPP to describe all operational and maintenance storm water activities you plan to undertake during the next reporting cycle. As you know, a May 2003 decision by the Minnesota Court of Appeals remanded portions of the MS4 general permit back to the MPCA for modification. MPCA has been working on changes to the permit. The MPCA intends to modify the permit in the spring, 2004. After the modified permit is approved by the MPCA Citizens' Board, MPCA staff will send a letter to MS4 permittees that addresses the process for SWPPP approval and the MPCA state-wide public notice for each MS4 SWPPP. Your revised SWPPP will be due approximately 90 days after the modified permit is issued. b. Briefly list the best management practices using their unique identification numbers you used in your permit application or any measurable goals that were changed. Attach a separate sheet if necessary. 7. Did you rely on any other entities to satisfy any portion of your SWPPP? Yes or no (circle one). 8. Do you discharge to waters with a restricted discharge? See Appendix C Part B; you may view the applicable rules at www.pca.state.nin.us/water/water mnrules.html Yes or no (circle one). If your answer is no, skip ahead to the certification. If your answer is "yes," please attach the following: a. A map of the watersheds where your MS4 discharges to the waters with restricted discharge. (Use a USGS map or equivalent) b. A narrative estimate of the impervious surfaces where your MS4 discharges to the waters with restricted discharge (estimated total impervious from land use and zoning or existing data can be used if available). c. A narrative estimate of the future /projected impervious surfaces where your MS4 discharges to the waters with restricted discharge (using available zoning or planning information that may affect your future discharges). d. A narrative estimate of how your SWPPP can be altered to eliminate new or expanded discharges to the waters with restricted discharge. This consists of your preliminary plan to avoid, divert, or eliminate discharges to restricted waters, whenever possible. 3 1/28/2004 "wi%ner"'orOperator Certifications -" � z v=' The person with overall administrative responsibility for SWPPP implementation must sign the annual report. This person must be duly authorized and should be the person who signed the MS4 permit application or a successor. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). Authorized Signature (This person must be duly authorized to sign the annual report for the MS4) Date Last Name First Name Title Mailing Address MN City State Zip Code ( ) Telephone (include area code) E -Mail Address Please submit your annual report by March 10, 2004 to: MS4 Storm Water Program Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 4 1/28/2004 Lauderdale City Council Memorandum Council Meeting Date: February 10, 2004 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: Public Hearing and Consideration to Vacate the Utility Easement at 2337 Summer Street BACKGROUND: At the January 13, 2004 meeting, a petition presented by Marliyn Salovich of 2337 Summer Street, requesting that the city vacate the public utility easement that exists on her private property. The petition was accepted by the City Council and a public hearing was set for this meeting. As was stated earlier, this easement was for the operation of the former park lift station that was replaced with a gravity sanitary sewer line as part of the 2000 Street and Utility Improvements. It should be noted that the new sanitary sewer line is now entirely located within the Community Park property and not in the easement area where the former lift station was located. The former lift station was entirely located on the private property of 2337 Summer Street. Pursuant to the same statutory process that is utilized for vacating public rights-of-way such as streets or alleys, ten (10) days mailed notice and fourteen (14) days published notice was provided prior to this hearing. The Council shall conduct the public hearing and then consider whether or not to vacate this easement. The decision is based on the overall "public interest" in vacating the easement. Included in the packet is a draft resolution that would need to be approved in vacating the utility easement. ENCLOSURES: 1. Resolution 021004A: A Resolution Vacating a Public Utility Easement at 2337 Summer Street with Exhibit A- Petition from Marliyn Salovich, 2337 Summer Street and Exhibit B- Legal Description of the Easement 2. State Statute Chapter 412.851 — "Vacation of Streets" (also applies to easements) COUNCIL ACTION REQUESTED: 1. Conduct the public hearing. 2. Consider adoption of Resolution 021004A: A Resolution Vacating a Public Utility Easement at 2337 Summer Street. RESOLUTION NO. 021004A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION VACATING A PUBLIC UTILITY EASEMENT AT 2337 SUMMER STREET WHEREAS, there exists a public utility easement for the operation of a sanitary sewer lift station on the property of 2337 Summer Street; and WHEREAS, the City Council of the City of Lauderdale (the "City") has received a petition from the owner of 2337 Summer Street requesting the City to vacate the easement since the sanitary sewer lift station no longer exists; and WHEREAS, the City has reviewed said petition, a copy of which is attached hereto as Exhibit A, and has determined that it has been signed by the owner of 2337 Summer on whose property on which the easement exists; and WHEREAS, the City Administrator has caused notice of the public hearing to be held before the City Council on the matter to be published, posted and mailed to the affected property owner as required by law; and WHEREAS, a pubic hearing has been held this day before the City Council at which the views of all those affected by the proposed vacation have been heard and considered. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Lauderdale, Minnesota, as follows: 1. It is hereby found and determined, after due consideration of all evidence, that the public interest will be served by vacating the public utility easement. 2. It is found and determined that the petition attached hereto as Exhibit A has been signed by the owner of 2337 Summer on whose property on which the easement exists. 3. A legal description of the easement, which is hereby vacated, is described on Exhibit B and attached hereto. 4. The City Administrator is hereby authorized and directed to prepare a notice of completion of these proceedings and present the same to the Ramsey County Auditor for entry into the transfer records of the County and to take any and all additional steps necessary or convenient to effect the purpose of this resolution. Dated this 10th day of February, 2004. ATTEST: SEAL: Jeffrey Dains, Mayor Rick Getschow, City Administrator EXHIBIT A eft �' y4 b'n4s h e d, /Ct es7- eamo-new7- c w bP:"zV'Davns Co., Nlmneapolis, Kinn. jfoem Conr * ncing, Blanes (IU!" EXHIBIT B __. _0 rjGc 0.3 r �ag9t )t4zcle this .................. tQ... d27 0 .... N ..O.1uABE, R .......... , .i,9Jr2 EADU4 Da .. �.z _: ........a:nd....i�. ne T......rr..�. z�.��1:I,.�,.0, hi5..... wi�'e... ...... _........... . of t' F• !,ort :ty of _... Hams ey_............... as d Sate of . ..114inne.s.ota ...... pal t l ee o,° the first part, and ... . The Vllla e .of .... baude.rd4le a.... a-Muni.cipal. .. ........ . .......... .............. ....... ............... .............. ........................ ........... ....... ........... ...................... .._... -_...................... ....... d. co7•porat;on ?under the ltzzc:s of tr'be ,State of............. nneao.ta._.......__................ ........ I p(17-ty of the second, pc.,rt Witil£ zeff , That th - said part. .e.s of the f-"st Tart, Z7L consideration of 2e sum. of ---------One Doil1ar and other go.9d and Valuable cons is eratiort--T) 1LL,1R 5, .........................._..........._........... I ............. _ .......... ........._........................_......I ...... to ...... _-...thi';n........... ............ .-..i.n handl paid by the said party of the second part, the receipt zvhes•eof is he7•eby aelc-n-ozuledoecl, do __. _... nereby Gra?zt, La.r�?aza7z, Sell,, and Co7j-,.,e-j1 the said party o- the Seco77d pa -rt, its successors and assisns, Forever, all the tract-... or parcel....-- of land lying and being in the Countp of ........... a.T s. y_......... ........ _............. ......... and State of 31initesota,, described as follows, to -wit; .? permanent easement for the construction and maintenance of sanitary sewer lines and a sanitary sewer pumping station upon, under and across the following described property: That part of 'ease's rearrangement of Lots 3,4,7,8, Prospect Hill, included within the following described boundary linea Commencing at the intersection of the North lane of Summer Street and the Fast line of Lake Street extended as the same are now laid out in the Village of Lauderdale, Ramsey County, Minnesota; thence North a distance of thirty (30e)feet; thence West a distance of twenty (201) feet; thence Southwesterly a distance of approximately fifty (501) Feet to a point on the North line of said Summer Street; thence Easterly along the said North line of said Cummer Street a distance of approximately Forty (401) feet to the boint of 'beginning. Zi o jViabe alt% to �nlb tl)t &arllQ, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to the said party of the second part, its successors and assicsns, Forever. And the said........�ar1... De.sLauriers...and... Lo.rra.ine.,,.De.sLaur3 er.e.,....h�,.S...... ............................................................................................................................................................................................................................. part.. P.P of the- first part, for . e !`3 V 9 h r............hcb s, r-woutors and administrators, do...:........ covenant with, the saicl party of the second part, its successors and assigns, that........they... : Yrq..............well seized in fee of the lands and preralses aforesaid,.and ha.YP.... Food right to sell and convey the same in manner and forna aforesaid, and that the same are free frorrz all incumbrances, EN 1 IBED 1."I i "ISE iER %Cv t9 kidit.:r, CUjIty, %iraes4ia ./Incl the above bardained a7zd granted la7zds azul premises, i„a the quiet and peaceable possession of the said party of the, second part, its successors ai?.d asslft.s, against all persons 7.(azvfzr.•lly claiming or to clai7 z Lauderdale City Council Memorandum Council Meeting Date: February 10, 2004 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: Union Contract Enclosed is a copy of the final draft contract proposal from the union to be approved by the City Council. The changes from the 2001-2003 contract are reflected in this draft. They are highlighted on pages 12, 15, 16, 17, and 19. This final draft contact follows negotiations with the union and City Council discussion at the January 13t1i and January 27th meetings. ENCLOSURES: 1. Union Contract between the City of Lauderdale and AFSCME Council 14 for January 1, 2004- December 31, 2006 COUNCIL ACTION REQUESTED: Approve the Union Contract between the City of Lauderdale and AFSCME Council 14 for January 1, 2004- December 31, 2006. AGREEMENT BETWEEN THE CITY OF LAUDERDALE AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES COUNCIL 14 January 1, 2004 -December 31, 2006 ARTICLE TABLE OF CONTENTS 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 6 ARTICLE 7 -DISCIPLINE 8 ARTICLE 8- GRIEVANCE PROCEDURE 9 ARTICLE 9 -NO STRIKE -NO LOCKOUT 11 ARTICLE 10 -WORK SCHEDULES 11 ARTICLE 11 -OVERTIME AND COMP TIME 12 ARTICLE 12 -BENEFIT ELIGIBILITY 13 ARTICLE 13- HOLIDAYS 13 ARTICLE 14- VACATIONS 14 ARTICLE 15 -INSURANCE 15 ARTICLE 16 -WAGES 15 ARTICLE 17 -AUTO EXPENSES 17 ARTICLE 18- UNIFORMS 17 ARTICLE 19- SICK LEAVE 17 ARTICLE 20- LEAVE OF ABSENCE WITHOUT PAY 18 ARTICLE 21 -COURT DUTY 18 ARTICLE 22- MILITARY LEAVE 18 ARTICLE 23- ELECTION DAYS 19 ARTICLE 24 -SCOPE OF AGREEMENT 19 ARTICLE 25- DURATION 19 ARTICLE 26- SAVINGS CLAUSE 20 ARTICLE 27- DRUG AND ALCOHOL TESTING POLICY 20 MEMORANDUM APPENDIX A: APPENDIX B: OF AGREEMENT: RELATED TO MERIT INCREASES DRUG AND ALCOHOL TESTING POLICY SALARY SCHEDULES 22 23 24 2 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. 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. TEMPORARY OR SEASONAL EMPLOYEE -an employee retained to fill a full-time or part-time position which is of a provisional or seasonal nature. 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. 1. EMPLOYEE REPRESENTATIVE -The American Federation of State, County and Municipal Employees, Council 14. M. STEWARD -An employee designated by the UNION for the purposes of communicating with the EMPLOYER on matters of interest to either party; and representing bargaining unit members in the union grievance process. ARTICLE 3: NON-DISCRIMINATION 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. 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. 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 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 anyone 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. 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. E 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. 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. E. The UNION may use the EMPLOYER IS 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 as 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. 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. ARTICLE 6: SENIORITY A. Seniority is an employee's length of service for the EMPLOYER from the most recent date of employment, re-employment or reinstatement. 6 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 to reprimand any employee, it shall normally not be done in the presence of other employees or the public. D. Written reprimands, disciplinary suspensions, disciplinary demotions or discharge of permanent employees are appealable 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. F. 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. F.1 An employee who is reprimanded in writing, suspended, disciplinary demoted, or discharged shall be furnished with a copy of notice of such disciplinary action. F.2 Employees shall have access to information contained in their personnel records in accordance with the provisions of the Data Practices Act, as mentioned. G. 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 represe'lltative 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. H. 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 I and the UNION wishes to appeal the grievance to Step 2 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 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 2, 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 UN10N, 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. 9 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 2. 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 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 10 appealed to the next step within the specified time limit or any reed extension thereof, if shall be considered settled on the basis of the EMPLOYER'S 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 -ay 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 while the grievant's presence 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 including discharge. 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. Subdivision 1. 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. Subdivision 2. 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. A. 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. This ineludes— required `'uil" 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. B. Employees required to remain on standby will be compensated for all hours worked, and will receive an aditienlenehalf t s who are on standby must on 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. 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. 12 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 New Year's Day Martin Luther King Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The day following Christmas Eve Day Christmas Day observed paid holidays: January 1 Day 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1st Monday in September November 11 4th Thursday in November Thanksgiving Day 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 if they choose, with use 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. 13 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 6 through 10 years of service After 10 years of service 10 days per year 15 days per year One additional day per year not to exceed 20days per year Employees may carry over no more than ten (10) days of vacation time plus the amount accrued during the previous year from one year to the next. 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 (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. 14 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. On January 1 of the first year of the contract, the Employer will fifty ,cellars �L increase by—a per month, its maximum contribution to the cost of group insurance. On January 1 of the second and subsequent years of the contract, the employer will increase, by twenty-five dollars ($25), it's maximum contri'b'ution tothecost of group group insurance. in add t3 , 1 Otte—empleye'r�Vill pre'vide Leng erfR 'Di .�LTT�77.lit insuranee fer all empleyees beginning in january 1998. For 2004 2091, the City will contribute up to a maximum of four hundred seventy-five dollars MMM per month per employee for group health, dental, life, short term and long term disability insurance. For 2005 2092, - the City will contribute up to a maximum of five hundred dollars N M per month per employee for group health, dental, life, short term and long term disability insurance. For 2006 2903 the City will contribute up to a maximum of five hundred and twenty-five dollars NO= per month per employee for group health, dental, life, short term and long term disability insurance. 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. Market Equity Increase For M, the Market Equity Increase will be: 1. for the Public Works Maintenance Worker 2. for the Public Works Coordinator 3. for TSLrativ the Deputy Assistant Clerk, €ems _— y eche the For the second and third year of the contract, the Market Equity will be no less than N for all job classifications covered by this agreement. Merit Increase All eligible employees shall receive a merit increase on January 1 of each year of the contract. Merit increases will be awarded according to the provisions of Article 16. In M, the maximum possible merit increase shall be K= Future merit raises will be pro -rated according to the provisions of Article 16, such that the raise awarded for satisfactory performance shall be equal to the rate of inflation as listed by the U.S. Department of Labor's Consumer Price Index. The defining category shall be drawn from the category Midwestern Urban Areas with populations greater than 1.5 million. The yearly rate of inflation listed in December shall determine the merit increase for a satisfactory performance evaluation for the following year. In a case where it appears that an employee will not receive a satisfactory evaluation, the City Administrator will meet with that employee during the month of July to discuss performance problems and develop a plan for improvement. The employee and the City Administrator will meet again three months after the improvement plan meeting, at which time the City Administrator will provide an assessment of the employee's performance relative to the plan. EVALUATION RATING PERCENT OF MAX. MERIT INCREASE Outstanding 105% Consistently Exceeds Requirements 95% Meets Requirements 85% Occasionally Meets Requirements 0% Consistently Does Not Meet Requirements 0% Unsatisfactory 0% See Appendix B attached. 16 DEFERRED COMPENSATION r In order to qualify, employees must provide proof of insurance. The deferred compensation contribution will end if the employee rejoins the employers group health insurance program. 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 and as required by OSHA to field workers (pants and shirts) . ARTICLE 19: SICK LEAVE Sick leave may be used as earned upon appointment to City employment. a. 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. 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 17 minor child for as long as is reasonably necessary. Up to three (3) days of sick leave per year may be used to attend to any other member of the employee's immediate family who is ill. c. 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 Council's discretion. d. 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 period of 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 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. 18 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. The 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. ARTICLE 25: DURATION A. This contract shall become effective 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, = for wages and conditions of employment 19 for calendar year a = 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 20 By: Dated: By: Dated: Joyce Carlson, AFSCME Co. 14, Business Representative Dave Hinrichs, Public Works Coordinator, Lauderdale CITY OF LAUDERDALE By: Dated: By: Dated: Jeff Dains, Mayor, City of Lauderdale Rick Getschow, City Administrator, City of Lauderdale 21 Memorandum of Agreement Relating to Article 16: Wages -Merit Increase Under the circumstances that the rate of inflation as listed by the U.S.Department of Labor's Consumer Price Index, (which shall be defined as the amount listed for all urban consumers in Midwestern urban areas with populations greater than 1.5 million), exceeds an amount for pro -rated merit rate increases that the resources of the City could be able to accommodate, the City of Lauderdale and AFSCME Council 14 agree to meet and negotiate the pro -rated merit increase percentage in that given year. UNION By: Dated: By: Dated: Joyce Carlson, AFSCME Co. 14, Business Representative Dave Hinrichs, Public Works Coordinator, Lauderdale CITY OF LAUDERDALE By: Dated: By: Dated: Jeff Dains, Mayor, City of Lauderdale Rick Getschow, City Administrator, City of Lauderdale 22 t_ ' ' lkiO City of Lauderdale Alcohol and Drug Testing Policy 23 APPENDIX B 2004-2006 Salary Schedule 24 Lauderdale City Council Memorandum Council Meeting Date: To: 194,, Agenda Item: February 10, 2004 Mayor and City Council Rick Getschow, City Administrator Personnel Policv Amendments It has been past practice to update the Lauderdale Personnel Policy to keep its language consistent with the language of the union contract. This was last undertaken in 1998 and 2001, following the last comprehensive union contract negotiations. I have enclosed the proposed revised personnel policy, which includes a change in Section 9, Subsection 11- Insurance. The revision involves language regarding the city provision of life insurance and the contribution of the city to the deferred compensation fund. ENCLOSURES: Proposed amended City of Lauderdale Personnel Policy COUNCIL ACTION REQUESTED: Approval of the proposed amended City of Lauderdale Personnel Policy. CITY OF LAUDERDALE PERSONNEL POLICY SECTION 1. PURPOSE. The purpose of this Personnel Policy is to establish a uniform and equitable system of personnel administration for the employees of the City of Lauderdale (City), to define the rights and responsibilities of the City and each of its employees, and to give fair and equal employment opportunities to all qualified applicants and employees. SECTION 2. EMPLOYMENT GUIDELINES. This personnel policy is a guideline for the City and its employees regarding City employment. It does not constitute an employment contract. This policy, like other City policies, may be amended at any time at the sole discretion of the City. SECTION 3. AT -WILL EMPLOYMENT. All City employees are hired on an at -will basis, which means that either the employee or the City may terminate employment at any time for any reason or no reason. SECTION 4. EQUAL EMPLOYMENT OPPORTUNITY POLICY. 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. SECTION 5. SCOPE. Subdivision 1. Positions Covered. This policy will apply to all employees in all positions, except the following: a. Elected officials; b. Members of all boards and commissions; C. Consultants and personnel paid on a fee basis; d. Volunteer personnel and personnel appointed to serve without pay; e. Emergency personnel; f Independent contractors; and g. Any other person specifically exempted by the City Council. Lauderdale Personnel Policy Page 2 of 14 Subdivision 2. Superseded by Law. No provision of this policy is intended to violate, supersede or conflict with any applicable federal law or regulation, state statute or local ordinance. In the event of conflict or violation of any such regulation, the offending provision of this policy will be void, but all remaining provisions will remain in effect. SECTION 6. 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, step-parent 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 eight 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. Lauderdale Personnel Policy Page 3 of 14 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. SECTION 7. APPOINTMENTS. Subdivision 1. Selection Criteria. Appointments for all municipal positions will be made by the City Council. All appointments will be made on the basis of merit and fitness for the position. Subdivision 2. Examinations. When required by law or deemed appropriate by the City Council to determine an applicant's employment-related qualifications, merit and fitness will be ascertained by written, oral or other examinations, including medical or psychological examinations. An offer of employment may be conditioned on a pre-employment medical or psychological examination. Subdivision 3. Employment of Relatives of Municipal Personnel. Whenever possible, the City Council will avoid appointing any person to a municipal position in which he or she would supervise or be supervised by a member of his or her immediate family. Subdivision 4. Probationary Period. All regular full-time and regular or non -regular part-time appointments will be subject to the serving of a probationary period. This probationary period will be regarded as an integral part of the initial selection and examination process and will be used to observe the employee's work, secure the most effective adjustment of the employee to his or her position and reject any employee whose performance does not meet the required work performance standards. The probationary period for all regular full-time and regular or non -regular part-time City employees will be six (6) months from the date of employment. A probationary new employee may be discharged by the City Council from his or her position at any time during the probationary period for any reason. Lauderdale Personnel Policy Page 4 of 14 An interview will be conducted with the probational employee before the probationary period expires. The City Council will also be given a report by the employee's supervisor or other designated person regarding whether the employee's performance has been satisfactory and whether the employee should be retained in the appointed position. At the end of the probationary period, the City Council will designate the employee for regular employment or discharge the employee. The City Council may also extend the probationary period at its discretion. The City Council's decision is final and will be provided to the employee in writing. SECTION S. WORK HOURS. Subdivision 1. 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. Subdivision 2. Part-time and Temporary Emplovees' 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. Subdivision 3. 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. SECTION 9. BENEFITS. Subdivision 1. 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. Subdivision 2. Amount of Benefits. 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 Lauderdale Personnel Policy Page 5 of 14 Subdivision 3. Holidays. The following days are observed paid holidays: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day The day following Thanksgiving Day Christmas Eve Day Christmas Day Personal Day - January 1 - 3rd Monday in January - 3rd Monday in February - Last Monday in May - July 4 - 1st Monday in September - November 11 - 4th Thursday in November - 4th Friday in November - December 24 - December 25 - Employee Choice Employees shall also receive one (1) personal holiday per year. The date of such personal holiday shall be approved by the employee's supervisor or designated personnel representative. Personal holidays shall be taken during the calendar year earned. 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. Subdivision 4. 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 10 days per year 6 through 10 years of service 15 days per year After 10 years of service One additional day per year not to exceed 20 days per year 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 (5) days of vacation time during each year of City employment. The word "day" implies a nominal eight-hour shift. Lauderdale Personnel Policy Page 6 of 14 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 Holida ss 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. Subdivision 5. 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 when: (1) the employee cannot work, because of illness, injury or disability of themselves or their immediate family, and (2) for medical, dental, or optical examinations or treatment of the employee or 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. Up to three (3) days of sick leave per year may be used to attend to any other member of the employee's immediate family who is ill. Upon separation of employment from the City, 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) continuous years of service with the City at the time of separation. C. Use for Funerals. An employee may use up to (3) 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 Council's discretion. Lauderdale Personnel Policy Page 7 of 14 Subdivision 6. Jury or Witness Duty. 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. Subdivision 7. 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 period of 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. Subdivision 8. Parental Leave. An employee who works twenty (20) or more hours per week and has been employed with the City for more than one (1) year is entitled to take an unpaid leave of absence in connection with the birth or adoption of a child or family medical problem. The length of parental leave is up to the parent, but it cannot last longer six (6) weeks or begin more than six (6) weeks after the birth or adoption of the child. If the child must remain in the hospital longer than the mother, the leave may not begin more than six (6) weeks after the child leaves the hospital. The employee is entitled to return to work at the same position and at the same rate of pay he or she was receiving before the leave began. Group insurance coverage paid for by the City will remain in effect for all eligible employees throughout the six week parental leave. The employee will have the option to continue coverage at his or her own expense if the parental leave extends beyond six weeks. Requests for parental leave must be made in writing to the City Administrator or designated personnel representative at least two (2) months before the requested leave's starting date. Subdivision 9. School Conference and Activities Leave. An employee who works twenty (20) hours or more per week and has been employed with the City for more than one (1) year is entitled to take up to sixteen (16) hours during any school year to attend school conferences or classroom activities related to the employee's minor child as long as these activities were planned in advance and could not be scheduled during non -work hours. The employee must request school leave at least forty-eight (48) hours in advance from his or her supervisor or the designated personnel representative. A reasonable effort should be made to schedule the leave to avoid disrupting City business. Any leave taken under this section will be unpaid. An employee may substitute paid vacation time for unpaid school leave according to the provisions of the City's vacation policy. Lauderdale Personnel Policy Page 8 of 14 Subdivision 10. Military Leave. Every employee to whom Minnesota Statutes Section 192.26 or 192.261 or U.S.C.A., Title 38, Section 2021 applies is entitled to the benefits afforded those sections to the subject conditions therein prescribed. Subdivision 11. Insurance. All regular full- and part-time employees may be covered by a group health, dental, life and 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 established, from time to time, by the City Council. The employee shall pay the balance of the premium costs, with the exception of life insurance provided for the employee equal to lx salary with a $50,000 annual maximum. The employer shall pay each employee not enrolled in the employer's health insurance program $75 per- filefith or- half the cost of into a deferred compensation fund. In order to qualify, employees must provide proof of insurance. The deferred compensation contribution will end if the employee rejoins the employer's health insurance plan. Subdivision 12. Retired Employees. Retired City employees may continue to participate in the City's health insurance program, at the prevailing appropriate group rate, at the retiree's expense, if offered by the insurance company. SECTION 10. COMPENSATION. Subdivision 1. Rates of Pav. All pay rates will be set by the City Council. Subdivision 2. Overtime Pay. 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 each hour worked eight hours in a day or 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. All paid leave time shall be considered time worked for the purpose of computing overtime. Subdivision 3. Compensatory Time Off. 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. Subdivision 4. Pay Days. Employees shall be paid biweekly on alternate Fridays. In the event that either day falls on a weekend or holiday, paychecks will be distributed on the day preceding the weekend or holiday. Lauderdale Personnel Policy Page 9 of 14 Subdivision 5. Attendance at City Meetings. Non-exempt employees who are required by the City Council to attend City meetings at a time when they are not otherwise scheduled to work will be paid their regular hourly wage for each hour spent at the meeting at the City Council's request. These employees will also receive a credit for their attendance at the meetings to be applied toward the employee's vacation and sick leave accrual for the month. The amount of the credit will be determined by the City Council. Time spent by employees at City Council meetings that is not at the City Council's request will not be compensated. Subdivision 6. 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) hour's compensation at the overtime rate if the total hours worked during the day exceeds (8) eight hours or the hours during the week exceeds (40) forty hours. SECTION 11. PERFORMANCE EVALUATION. There may be a performance evaluation completed annually for each regular full-time and regular part-time employee. The evaluation will include a review of the employee's principal responsibilities, an appraisal of the employee's job performance, a discussion of problem areas, if any, and a plan of action to set objectives for performance and to assist in alleviating any problem areas. SECTION 12. DISCIPLINARY ACTION. Employees may be subject to disciplinary action for failing to fulfill their duties and responsibilities as City employees. Discipline could consist of an oral reprimand, a written reprimand, suspension, demotion or involuntary termination depending on the circumstances and severity of the situation. SECTION 13. GRIEVANCES. Subdivision 1. General. An employee who believes he or she has a grievance about an employment-related issue may submit the grievance to the City. The decision to invoke the grievance procedure is voluntary. It is up to the employee to initiate the procedure. Subdivision 2. Procedure. If an employee chooses to submit a grievance to the City, the following procedure should be used: a. Oral report. The employee should discuss the grievance with his or her supervisor or the designated personnel representative within five (5) working days of the incident. Lauderdale Personnel Policy Page 10 of 14 b. Written report. If the employee is not satisfied with the results of the oral report, he or she may submit a written summary of the grievance to the designated personnel representative. The written report should be submitted within five (5) working days of the employee's receipt of the response to his or her oral report and should include the date the employee made the oral report. A written response to the employee's written report will be issued as soon as possible. C. Hearing. If the grievance is not resolved by oral or written report, the employee has five (5) working days from the date he or she received the written response to the written report to request a hearing. To request a hearing, the employee must submit a written summary of the grievance, including the dates of the oral and written reports, to the City Council. A hearing will then be scheduled on a mutually convenient date. d. Decision. The employee will receive the City Council's decision in writing as soon as possible after the hearing. The City Council's decision will be final. SECTION 14. TERMINATION OF EMPLOYMENT. Subdivision 1. Resignation. Any employee who voluntarily leaves City employment must give at least fourteen (14) days written notice of resignation. Upon leaving City employment, an employee in good standing will be compensated for all accrued vacation time. An employee is in good standing if he or she gives adequate written notice of resignation and is not under suspension or notice of involuntary termination at the time notice of resignation is given. Failure to give adequate written notice may be considered cause for denying the employee future City employment and termination benefits. Unauthorized absences from work for a period of three (3) or more working days may be considered a resignation without notice. Subdivision 2. Involuntary Termination. An employee may be involuntarily terminated for any reason not prohibited by law or for no reason at the will of the City Council. The City Council, at its discretion, may give the employee fourteen (14) days written notice of termination or the financial equivalent thereof. Subdivision 3. Lav -offs. The City Council may lay off 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 Lauderdale Personnel Policy Page 11 of 14 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. SECTION 15. MISCELLANEOUS REGULATIONS. Subdivision 1. Travel Expenses. Employees traveling on City business will be reimbursed for reasonable work-related expenses. The employee must complete and submit the appropriate claim form within two (2) weeks of his or her return, along with corresponding receipts, for reimbursement of those expenses. Subdivision 2. Vehicle expenses. 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. Subdivision 3. Political Activity. City employees are specifically prohibited from engaging in the political activities listed below: a. Campaigning for a candidate or issue during working hours or while on City business. b. Attempting to influence a campaign by specifically alluding to the employee's position with the City. C. Participating in a campaign where such participation could cause a conflict of interest with the employee's job duties. No City employee may hold any other office or employment in city, county, state or federal government, or any division thereof, or in the private sector, where the office or employment interferes with the impartial discharge of duties or where it results in giving the employee legislative or elective authority over the City officials or City affairs. Subdivision 4. Employee Records. Employees must inform the City of any change in their current address, telephone number or emergency contact information as soon as possible after the change becomes effective. Subdivision 5. Gratuities. City employees and officials may not accept gratuities or presents of any kind from contractors, City residents, or anyone who has business contacts with the City. If a gratuity or present arrives by means other than personal delivery, the item should be turned over to the City Council. Lauderdale Personnel Policy Page 12 of 14 Subdivision 6. Property. Employees may use City property only for work-related purposes. SECTION 15. CRIMINAL HISTORY BACKGROUND CHECK The Police Department is authorized to conduct a criminal history background investigation on applicants for positions with the City as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the City, where the City Administrator has determined that conviction of a crime may relate directly to the position sought. The Police Department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the City Administrator or other City Staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. If the City Administrator rejects the applicants application due solely or in part to the applicants prior conviction of a crime, subject to the exception set forth in Minnesota Statutes, section 364, the City Administrator must notify the applicant in writing of the following: a) The grounds and reasons for the rejection; b) The applicable complaint and grievance procedure set forth in Minnesota Statutes Section 364; c) The earliest date the applicant may reapply for employment; and that all competent Evidence of rehabilitation will be considered upon reapplication. SECTION 16. SEXUAL HARASSMENT POLICY. Subdivision 1. Applicability. This sexual harassment policy applies to all officials and employees of the City of Lauderdale, including regular full-time and regular part-time employees, elected and appointed officials, temporary, seasonal and non -regular employees, employees covered or exempted from personnel rules or regulations, and independent contractors and consultants. Subdivision 2. General. Sexual harassment is a form of sex discrimination prohibited by state and federal law. Employees have the right to a workplace free of sexual harassment. The City will not tolerate sexual harassment of its employees by anyone -supervisors, other employees, officials or citizens. Persons harassing others will be promptly and firmly disciplined. All personnel must become familiar with this policy and comply with it. Lauderdale Personnel Policy Page 13 of 14 Subdivision 3. Definition. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or communication of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment or public service; b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions such as promotion, assignment, demotion, discipline, or discharge; C. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment. Subdivision 4. Examples. Behavior that could be considered sexual harassment may include: a. Verbal harassment (e.g. sexually -oriented comments, sexually -oriented innuendoes or sexually -oriented derogatory remarks); b. Physical harassment (e.g. unwelcome touching, gestures, assault, impeding one's movement or other physical contact that an employee finds offensive); C. Visual forms of harassment (e.g. sexually derogatory posters, letters, poems, graffiti, cartoons or drawings); or d. Requests for sexual favors or unwelcome sexual advances. Subdivision 5. Reporting Procedure. Employees who believe they have experienced sexual harassment or who know of conduct they believe might constitute sexual harassment toward an employee, are required to report it to their supervisor, the designated personnel representative(s), the Mayor, or the City Attorney. The City official who receives the report should inform the designated personnel representative(s), the Mayor or the City Attorney in confidence as soon as possible. If any City employee, official, or the City Attorney directly receives an oral or written complaint from an alleged victim of sexual harassment, he or she must immediately forward the complaint to the designated personnel representative(s), the Mayor or the City Attorney, or direct the alleged victim to report the incident. Failure to forward a report of alleged sexual harassment to the appropriate person(s) could result in disciplinary action against the person(s) who neglected to make the report. Lauderdale Personnel Policy Page 14 of 14 Subdivision 6. Investigation and Recommendation. Upon receiving any report alleging sexual harassment, the designated personnel representative or other appropriate official will conduct an investigation. To the extent possible, the allegations and investigation will be kept confidential. An alleged victim may have a staff person of the same gender present during all contacts with the designated personnel representative. The alleged victim and any witnesses may be asked to put their reports in writing. If the facts are found to support the allegations, the harasser will be subject to disciplinary action up to and possibly including immediate termination depending on the circumstances and severity of the harassment. The designated personnel representative may report on the investigation and its results to the City Council. The City will keep a complete record of the nature of the complaint, its investigation and its resolution. Pending completion of the investigation, the designated personnel representative may take any appropriate action necessary to protect the alleged victim, other employees, or citizens. Anyone who makes a false complaint of sexual harassment or anyone who gives false information during a sexual harassment investigation could also be subject to disciplinary action up to and possibly including immediate termination. The City may also discipline any individual who retaliates against a person who testifies, assists or participates in any manner in a sexual harassment investigation. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment. SECTION 17. EFFECTIVE DATE. The effective date of these personnel policies is These personnel policies supersede all prior City personnel policies between the City and its employees. With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreements negotiated pursuant to the Public Employment Labor Relations Act (MS 179A.01 -179A.25), supersede these rules and regulations on any subject area covered by both the collective bargaining agreement and these rules and regulations. Lauderdale City Council Memorandum Council Meeting Date: February 10, 2004 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: City Administrator Performance Review BACKGROUND: A merit evaluation for 2003 needs to be completed for the City Administrator. The merit evaluations for other staff was completed by the City Administrator and is summarized in the 2004 Staff Compensation memorandum, which is the agenda item that should immediately follow this item. Included in the packet is an evaluation form for discussion at the meeting. CITY OF LAUDERDALE PERFORMANCE EVALUATION Date: February, 2004 Employee Name: Rick Getschow Dept: Administration Position Title: City Administrator Evaluation Period From: January 1, 2003 to December 31, 2003 CRITERIA # 1 : KNOWLEDGE OF WORK Evaluate the job-related "know how" and skills of the position. To what extent does the employee understand all aspects of the job requirements? COMMENTS RATING _Outstanding _Consistently Exceeds Requirements _Occasionally Meets Requirements _Consistently Does Not Meet Requirements Meets Requirements (Satisfactory) _Unsatisfactory CRITERIA # 2: QUALITY OF WORK How skillfully does the employee perform the duties and tasks of the position? Consider neatness and accuracy of detail. To what extent does the employee's performance meet the standards of the position? COMMENTS RATING _Outstanding _Consistently Exceeds Requirements _Meets Requirements (Satisfactory) _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Unsatisfactory CRITERIA # 3: PLANNING/ORGANIZATION OF WORK, PRODUCTIVITY Consider the extent to which the employee makes optimum use of time and completes the required task. Does the employee meet schedules and deadlines in a timely manner? Evaluate the employee's accomplishment of workload in order of established priority. Outstanding Consistently Exceeds Requirements _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Meets Requirements (Satisfactory) _Unsatisfactory CRITERIA # 4: INITIATIVE AND JUDGMENT Appraise the employee's ability and readiness to accept responsibility in assignment of duties. Does the employee reach sound opinions and decisions? Consider ability to work independently. Does the employee apply abilities to resolve issues and problems? COMMENTS _Outstanding _Consistently Exceeds Requirements _Meets Requirements (Satisfactory) _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Unsatisfactory CRITERIA # 5: DEPENDABILITY, PUNCTUALITY AND PERSONAL NEATNESS Consider adherence to scheduled work hours or accepted work schedule. Is the employee punctual? Evaluate attendance record. Does the employee exemplify personal grooming which is compatible with job requirements, projecting an image of professionalism relative to assigned responsibilities? COMMENTS RATING _Outstanding _Consistently Exceeds Requirements _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Meets Requirements (Satisfactory) _Unsatisfactory CRITERIA # 6: INTERPERSONAL RELATIONS Evaluate the employee's ability to work with others. Consider how well the employee performs job responsibilities while working harmoniously and courteously with others. Does the employee demonstrate cooperation in accomplishing individual and team goals? NIQ iv, I IT, I A 114 k ti RATING _Outstanding _Consistently Exceeds Requirements _Meets Requirements (Satisfactory) _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Unsatisfactory CRITERIA#7: COMMUNICATION Appraise the extent to which the employee informs others as to problems, issues, methods, results and other aspects of position responsibilities, so that high levels of productivity are encouraged through interchange of information and knowledge. COMMENTS RATING _Outstanding _Consistently Exceeds Requirements _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Meets Requirements (Satisfactory) _Unsatisfactory CRITERIA # 8: SAFETY AWARENESS Consider the degree to which the employee demonstrates regard and awareness of safety practices in relation to self, others and property. Assess employee's observation of approved safety practices and respect for equipment. COMMENTS RATING _Outstanding _Consistently Exceeds Requirements _Meets Requirements (Satisfactory) _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Unsatisfactory CRITERIA # 9: ADHERENCE TO QUALITY CUSTOMER SERVICE Consider the degree to which the employee performs the job responsibilities and duties with attention to providing a high level of awareness of service satisfaction to the citizens of the City. Does the employee respond to citizen requests and inquires in a timely and courteous manner. Does the employee exemplify the organizational commitment to quality customer service? C0107Jil►yi14ki11 RATING _Outstanding _Consistently Exceeds Requirements _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Meets Requirements (Satisfactory) _Unsatisfactory REMEDIAL ACTIVITIES Actions which supervisor and employee have agreed upon to correct performance evaluation rated unsatisfactory or below expectations. 3 3. DEVELOPMENT ACTIVITIES Action which supervisor and employee agreed upon to further employee professional development. 1. 2. 3. GOALS OVERALL PERFORMANCE RATING COMMENTS RATING _Outstanding _Consistently Exceeds Requirements _Occasionally Meets Requirements _Consistently Does Not Meet Requirements _Meets Requirements (Satisfactory) _Unsatisfactory Was the position description reviewed during the conference? _Yes _No Position description is current Needs revision This form was reviewed by (Employee Initials) (Appraisers Signature/Title) Acknowledged (City Administrator Initials) (Date) Lauderdale City Council Memorandum Council Meeting Date: February 10, 2004 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: 2004 Staff Compensation BACKGROUND: Attached is the proposed compensation schedule for 2004 union and non-union staff. There are two components from the union contract and the personnel policy that dictate compensation changes. The first component is the market equity adjustment, or "Stanton analysis". According to city policy, this adjustment is based upon what other seven - county metro cities with population between 1,500-4,000 pay in comparable positions. For union employees, the union contract that was approved sets those Stanton adjustments. The second component of annual staff compensation is the merit adjustment. These are based on performance evaluations and a formula set in the City's personnel policy and/or the union contract with union members. This year's inflation figure is 2.5%. A percentage of that 2.5% inflation figure is applied to evaluations that are: satisfactory (85%), consistently exceeds requirements (95%), and outstanding (105%). Performance evaluations were completed within the last week. • Public Works Maintenance 1. A Market (Stanton) Adjustment of 2.5% has been ratified in the union contract. 2. A Merit Adjustment of 2.375% is included as a result of the performance evaluation. • Public Works Coordinator A Market (Stanton) Adjustment of 2.5% has been ratified in the union contract. 2. A Merit Adjustment of 2.375% is included as a result of the performance evaluation. • Deputy Clerk 1. A Market (Stanton) Adjustment of 2% has been ratified in the union contract. 2. A Merit Adjustment of 2.375% is included as a result of the performance evaluation. • Assistant to the City Administrator 1. A Market (Stanton) Adjustment of 1% is included. 2. A Merit Adjustment of 2.375% is included as a result of the performance evaluation. • City Administrator 1. A Market (Stanton) Adjustment is not included. 2. The annual Merit Adjustment will be decided pursuant to the performance review and evaluation. Satisfactory 2.125% Consistently Exceeds Requirements 2.375% Outstanding 2.625% COUNCIL ACTION REQUESTED: Motion to approve the 2004 Staff Compensation as agreed upon by the City Council retroactive to January 1, 2004 Lauderdale City Council Memorandum Council Meeting Date: To: From: Agenda Item: 121,0100111► I � February 10, 2004 Mayor and City Council Rick Getschow, City Administrator Work Session Discussion 1. Zoning Ordinance Draft. The City Council reviewed the last draft of the zoning ordinance in 1999 and 2000. Since that review, staff has edited the ordinance based on Council input. Since a significant amount of time has passed since the last review, the proposal is to once again go through the ordinance in pieces. It is anticipated that this final review will conclude in this summer. The Council can then schedule appropriate public hearings to finalize the process of revising the entire ordinance. Included under separate cover in this packet is another draft of Chapters 1-3. Please come to the meetings with any suggestions or changes that you may have. 2. Roseville Review. There will be an update and possible discussion regarding a meeting that the Mayor and City Administrator had with the Publisher of Lillie Suburban Newspapers/Roseville Review regarding delivery and coverage. ENCLOSURES UNDER SEPARATE COVER: Zoning Ordinance Draft A. Chapter 1- General Provisions B. Chapter 2- Definitions C. Chapter 3- Administration and Enforcement LA605 a CHAPTER 1 SLE, PURPOSE AND AUTHORITY GENERAL PROVISIONS SECTION: 10-1-1: Title 10-1-2: Pe lie-a-nd Purpose and Intent 10-1-3: Authority 10-1-4: Standard; Requirement Rules of Construction 10-1-5: Complian Application 10-1-6: Amendment; CempreheTo•e Separability 10-1-7: Penalty 10-1-1: TITLE: This Title may be cited as the LAUDERDALE ZONING OPDINANCE, and will be referred to herein as "this Title" and shal1,inc,lude and mean all provisions of this text and the zoning map and all amendments thereto. (Zoning Ord. as amd.) 10-1-2: POLICY AND PURPOSE AND INTENT: This Title shall be adopted, without limitation, for the following purposes: A. To regulate the number of stories, size structures, the percen occupied, size of yards the density and distrib- use of buildings and industry, residences, location, height, bulk, of buildings and other tage of lot which is and other open spaces, ition of population, the structures for trade, recreation, public activities, or other purposes; B. To protect and provide limited retail commercial service, and industrial development to improve the tax base and provide employment opportunities; LA605 C. To provide housing which shall accommodate residents from all economic levels; D. To provide a framework within which public and private agencies and individuals can plan their development and expansion; E. To protect the public health, safety, comfort, and general welfare by regulating the use and development of land; F. To implement the Comprehensive Plan. 10-1-3: AUTHORITY: 10-1 (2) This Title is enaeted pui=suant te— the —au-t-herity granted by the 462.363—(Zening Grdas--afnd. )— The State of Minnesota has delegated the responsibility to the City of Lauderdale as a Statutory City to implement its Comprehensive Plan through regulating the use of land and protecting the health, safety and welfare of its citizens. This Title is enacted pursuant to and has been adopted within the authority delegated to the City by the State of Minnesota through the Municipal Planning Act, and Minnesota Statutes, sections 462.351 to 462.365. 10-1-4: STANDARD; REQUIREMENT RULES OF CONSTRUCTION: Moved To 10-1-5: Where the—eenditrenp impesed—by any —previsien-s—of this —Title —are —either mere—er lees—rearietive than eemga-rab1e eenditie impeaed y ether erdi-nanee rule—ems r-egulcatien—ef the—Cit,, the erdinanee,— rule—er regulation which —impeses-- the —mere restrietive eendit i e , standard er requirement shall prevail. (Zenng Ord. as--amd.) This Title shall be interpreted using the following Rules of Construction: A. Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; technical words and phrases, and such other words as have acquired a special meaning, or that shall be defined in this Title, shall be defined according to the special meaning or definition; LA605 10-1 (3) B. The singular includes the plural, and the plurals the singular; the present tense includes the past and future tenses and the future includes the present; C. The Council shall not intend a result that is absurd, unreasonable, or impossible in executions, and intends to favor the public interest over private interest; D. The Council intends all Code provisions to be effective but does not intend to violate the Constitution or laws of the United States or the State of Minnesota. 10-1-5: APPLICATION: This Title shall be applied and enforced as follows: A. In their interpretation and application, the provisions of this Title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare; B. Where the conditions imposed by any provisions of this Title are either more or less restrictive than comparable conditions imposed by any other ordinance, rule or regulation of the City, the ordinance, rule or regulation which imposes the more restrictive condition, standard or requirement shall prevail; C. This Title shall not be intended to abrogate any easements, restrictions or covenants relating to the use of land or imposed on lands within the City by private declaration or agreement, but where the provisions of this Title are more restrictive than any such easement, restriction or covenant, or the provision of any private agreement, the provisions of this Title shall prevail; LA605 D. No structure or building shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged, nor shall any structure, building or land be used or be designed to be used, except in compliance with the provisions of this Title and after the issuance of all permits and certificates required by this Title and other applicable ordinances of the City; E. The physical standards of this Title relative to the width, depth, area, Right -of -Way, shall not prevent a Lot of Record from being used for any purpose or in any manner with which is in conformity with this Title; F. No provision of this Title shall be deemed ineffective by failure to use or enforce it; G. All measured distances expressed in feet shall be measured horizontally and/or vertically and rounded to the nearest tenth of a foot. 10-1 (4) 10-1-6: AMENDMENT; ONMP-REHETNIVE SEPARABILITY The Gedneint ends this Title -webe-a eemprehens-ive affie-Rent-te the -Grdinanee-eedifiedam.-this Title. Exeept as ether _is previdedherein, the-re=vs±ens a f this Title are net intended alter, difflin=sh, er=rerecte-er etherwi-se fnedify anrights er liabilities e3Asting en itTe f f ee t ive-date . Any aet-den= , = f f ns e eeffifflitted, er rights -a- g erase -rued, er liability, penalty ineurred-er impe s ed prier to -the -e f f e e t_ive-date-e f the erdinanee eed-i€-i edin this Title is net -af f eeted-by-i t s -enae tx ent . ( g, Drd . as -and. It is hereby declared to be the several provisions of this Title the following: intention of the City that the are separable in accordance with A. Sections of Code: If any court of competent jurisdiction shall adjudge any provision of this Title to be invalid, such judgment shall not affect any other provisions of this Title not specifically included in said judgment; `LA605 10-1 (5) B. Property and Structures: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. M - -720"11H CHAPTER 2 DEFINITIONS SECTION: 10-2-1: Definitions 19 2 2.Gt-her Term 10-2-1: DEFINITIONS: 10-2 (1) For the purposes of this Title the terms defined in this Section have the meanings given them by this Section. Terms not defined herein have the meanings given them by other ordinances of the City or general usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number. Accessory Use or Structure. "Accessory Use or Structure" shall mean a use or structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Adjoining Lot or Land. "Adjoining Lot or Land" shall mean a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land. Access. "Access" shall mean a way or means of approach to provide physical entrance to a property. Addition. "Addition" shall mean an extension or increase in floor area or height of a building or structure. Adult Use. "Adult Use" shall include, but not be limited to the following uses: a) . Sauna Parlors; b). Massage Parlors; c). Escort Services; d). Modeling Studios; e). Photography Modeling Studios; f). Rap Parlors; g). Sensitivity Centers; h). Adult Book Stores; i). Adult Motion Picture Theaters; j). Adult Mini -Motion Picture Theaters; LA605 10-2 (2) k). Any similar activity. Alley. "Alley" shall mean a narrow lane or passage, especially one between or behind buildings through a city block, providing a secondary means of public access to abutting property and not intended for general traffic circulation. Alteration. "Alteration" shall mean any change or rearrangement in the supporting members of any existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another. Animal Hospital. "Animal Hospital" shall mean a place where animals or pets are given medical or surgical treatment by or under the supervision of a licensed veterinarian and the boarding of animals is limited to short- term care incidental to the hospital use. Animals, Domestic Pets. "Animals, Domestic Pets" shall mean animals kept within the home as pets, such as dogs, cats, household birds, and similar animals. Animals considered wild, exotic, or non-domestic, such as bears, and lions shall not be considered domestic pets. Antenna. "Antenna" shall mean any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes over one (1) meter in diameter, and omni- directional antennas, such as whip antennas. Antenna shall be further defined as follows: Amateur Radio Antenna. "Amateur Radio Antenna" shall mean a radio -communication service for the purpose of self -training, intercommunication and technical investigations carried out by amateurs, that is duly authorized persons interested in radio technique solely with a personal aim and without monetary interest. i LA605 10-2 (3) Personal Wireless Services. "Personal Wireless Services" shall mean any commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services or as defined in Section 332 (c)(7) of the Communications Act of 1934. Personal Wireless Service Facilities. "Personal Wireless Service Facilities" shall mean any facility for the provision of personal wireless services. Public Utility - Persons, corporations, or governments supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this ordinance, Personal Wireless Service Facilities shall not be considered public utility uses, and are defined separately. Tower. "Tower" shall mean any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, constructed primarily for the purpose of supporting one or more antenna(s), meteorological device, or similar apparatus. Tower, Multi -User. "Tower, Multi -User" shall mean any tower to which is attached the antennas of more than one Personal Wireless Services or governmental entity. Tower, Single -User. "Tower, Single -User" shall mean any tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code. Applicant. "Applicant" shall mean the property owner, or leesee with the property owner as co -applicant, applying for a zoning amendment, conditional use permit, sign permit, variance, or appeal. Application. "Application" shall mean the documents, plan exhibits and written material by which a property owner justifies a request for a zoning amendment, conditional use permit, sign permit, variance, appeal or other request for approval, relief or consideration, which shall include all information on any an application form approved by the Zoning Administrator. LA605 10-2 (4) ArTmV BTL—ic+D'UGTIOz GR cTIRplaeee— where —t-we—(2) er--mere-meter v ehiel-e s net in e p e ra-t i ng ee n d i t i -en -ems past -s thereef are -sto rend -net being- esterefite-eper-a-tien; -er any land, building-er struet-u r^scd€er the wreeking -- storage-ef su-eh fneter vehieles-eparts -thereef;the ter,;, ether geods, a-rti-eles-er ffierehand =. See new definition under "Junkyard". Automobile Repair Garage. "Automobile Repair Garage" shall mean the primary use of a building for the maintenance, servicing, repair, or painting of vehicles. Automobile Service Station. "Automobile Service Station" shall mean the use of a building for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories. Basement. "Basement" shall mean any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Berm. "Berm" shall mean an earthen mound or series of mounds used as a buffer between two land uses. Block. "Block" shall mean a traet unit of land bounded by streets or by a combination of streets, parks, and public land, railroad rights-of-way, shorelines, or corporate boundary lines of the City or any other barrier to the continuity to of development. Board of Adjustment and Appeals. "Board of Adjustment and Appeals" shall mean the City Council of the City of Lauderdale. Boarding House. "Boarding House" shall mean a building, not a hotel or motel, where for compensation and for prearranged periods, meals or lodging are provided to not leers more than three (3)- three ( 3 ) ner ffiere than—tem—(1-0) unrelated perse a nontransient roomers. Boulevard. "Boulevard" shall mean the property owned by the City which is between the edge of the roadway and the owner's property line. Boundary Lines. "Boundary Lines" shall mean the lines indicating the bounds or limits of any tract or parcel of land. � LA605 10-2 (5) Buildable Area. "Buildable Area,, shall mean the area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance have been met (see illustration, below). Building. "Building" shall mean a any structure having a roof supported by columns Wieder intended —€e er sheltering any use—er eeeupaney. Where separated partitien or walls, witheut epenings, biding —c ee rs dered—a—separate building and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. Building Code. "Building Code" shall mean the latest edition of the Minnesota State Building Code as adopted by the City Council. Building Height. "Building Height" shall mean the vertical distance fremthe average level ef the highest and le=ores of a building, e the highest measured from the average elevation of the finished grade within twenty feet of the structure to the highest point for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs (see illustration, below). LA605 10-2 (6) Building Line. "Building Line" shall mean a line parallel to a lot line at the required setback beyond which a structure or building may not extend. Building Official. "Building Official" shall mean the officer, along with the Zoning Administrator, charged with the enforcement of this Title, or his or her duly authorized deputy. The Building Official is also charged with the enforcement of the Building Code and the issuance of Building Permits. Building Permit. "Building Permit" shall mean written permission issued by the Building Official for the construction, repair, alteration, or addition to a structure. Building, Principal. "Building, Principal" shall mean a building in which is conducted the principal use of the lot on which it is located. B,asiness Gerviee. nnusiness—Sem .. shall mean any ems' industrial enterprises , Carport. "Carport" shall mean an automobile shelter having two or more sides open. Certificate of Occupancy. "Certificate of Occupancy" shall mean a document issued by the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable City Ordinances. Charitable Use. "Charitable Use" shall mean property used by a nonprofit or charitable organization that provides a service beneficial to the general public or to a %LA605 10-2 (7) significant portion of the public for no fee or at fee recognized as being less than that charged by profit-making organizations. Child Care Center. "Child Care Center" shall mean a private establishment enrolling three or more children and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed by the State of Minnesota to operate as a child care center. No overnight facilities are provided at a Child Care Center, and the children are delivered and picked up daily. Church. "Church" shall mean a building or use of land in which persons regularly assemble for religious worship and which shall be maintained and controlled by a religious body organized to promote religious worship. City. "City" shall mean the City of Lauderdale, County of Ramsey, State of Minnesota. Clinic. "Clinic" shall mean an establishment where human patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight. Club and Lodge. "Club" and "Lodge" shall mean a public or private building in which the members of one or more public or urivate organizations regularly assemble. Conditional Use. "Conditional Use" shall mean a use permitted in a particular Zoning District only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Title. - =7 Conditional Use. "Conditional Use" shall mean a use permitted in a particular Zoning District only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Title. �LA605 10-2 (8) GenditienalUse-gerffiit: A permit, issued by theGeunein a e e e r-denee-with p r-eee domes speeded -i -n - this Titl,a-s-a fleiibility de-omaee-te enable the Geunei 1 to assign diffiensiens te a prepesed- use -er eenditiens su~reunding it after eenTider-atien of adjeeent--rises and their €unetiens-and tyre- pee a l p r eb iems-wh ieh the p r epe s ed-u.s e -presents . Conditional Use Permit. "Conditional Use Permit" shall mean a permit issued by the City Council stating that the conditional use meets all conditions set forth in this Title. Council. "Council" shall mean, unless otherwise indicated, the City Council of the City of Lauderdale. Cever-age: That pertien-ef a -let eeveyed-by-prine-iceal-and eeeesse See new definition entitled "Lot Coverage". Curb. "Curb" shall mean a bituminous or concrete boundary usually marking the edge of the roadway or paved area. Curb Cut. "Curb Cut" shall mean the opening along the curb line at which point vehicles or pedestrians may enter or leave the roadway. Day -Care; Greup-- Nursery: —A serviee previded-to-the -publ-ie, in whi eh s i3E (66-e rye re-ehi l dream -e f s ehee l e r p ice s eh = =1 age are eared-fer during established business heurs, --Tour ie�e ne eve rn i g'ht—f a`�,c�.z'i t i = a re•7 .7 where re the e L, i l ,-7 ,-, are- delivered --and -piekSee new definition under "Child Care Center". Deck. "Deck" shall mean a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than one foot above ground. Driveway. "Driveway" shall mean a private roadway providing access for vehicles to a parking spaee in the side-er rear yard e f the -p repe rt earpe rt ; gar -age, dwelling -er-ether str-uet are -in the -side -ems-rear-ef property. LA605 10-2 (9) Driveway Permit. "Driveway Permit" shall mean written permission issued by the Building Official for the construction, repair, alteration, or addition to a driveway. Dwelling Unit. "Dwelling Unit" shall mean any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation. The term does not include hotels, motels, or boarding houses. Dwelling, Condominium. "Dwelling, Condominium" shall mean a building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Dwelling, Multi -Family. "Dwelling, Multi -Family" shall mean a dwelling or portion thereof containing three (3) or more dwelling units. Dwelling, Single -Family. "Dwelling, Single -Family" shall mean a building containing no more than one dwelling unit. Dwelling, Townhouse. "Dwelling, Townhouse" shall mean Single family attached units in structures housing three (3) or more contiguous dwelling units, sharing a common wall, each having separate and individual front and rear entrances; the structure is of a row house type as distinguished from multiple dwelling apartment buildings. No single townhouse shall contain more than eight (8) dwelling units. Dwelling, Two -Family. "Dwelling, Two -Family" shall mean a structure on a single lot containing no mere than two dwelling units—each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. I. LA605 10-2 (10) 6 Earth Material. "Earth Material" shall mean any rock, natural soil, or fill or any combination thereof. Easement. "Easement" shall mean a grant by a landowner for a specific use of the land by the grantee. Encroachment. "Encroachment" shall mean any protrusion beyond the property line which extends into, upon, over, under or otherwise occupies any public street, alley, adjacent property, sidewalk, boulevard or right-of-way. Engineer. "Engineer" shall mean that person appointed by the City Council to advise the City Council on engineering matters. Essential Services. "Essential Services" shall mean public conduits, including their appurtenant structures, used to provide sewage removal, water supply, powers fuel, communications, public utilities, public conduits, and any other public convenience or necessity. Family. "Family" shall mean any of the following: A. An individual or any number of persons related by blood, marriage or adoption, together with domestic servants or temporary gratziditei guests, maintaining a common household in a single dwelling unit; or B. Persons living in a State- licensed residential facility serving six (6) or fewer persons and the authorized person or persons in charge thereof, together with domestic servants or temporary gra ei guests, all maintaining a common household in a single dwelling unit; or , eleeti=iiceaffi, water er ether transmiss±en e- distributien-system and e e ei= dispesal systems. l l eetren , eerie atzi e , Essential Services. "Essential Services" shall mean public conduits, including their appurtenant structures, used to provide sewage removal, water supply, powers fuel, communications, public utilities, public conduits, and any other public convenience or necessity. Family. "Family" shall mean any of the following: A. An individual or any number of persons related by blood, marriage or adoption, together with domestic servants or temporary gratziditei guests, maintaining a common household in a single dwelling unit; or B. Persons living in a State- licensed residential facility serving six (6) or fewer persons and the authorized person or persons in charge thereof, together with domestic servants or temporary gra ei guests, all maintaining a common household in a single dwelling unit; or LA605 10-2 (11) C. A group of not more than three (3) persons not related by blood, marriage or adoption maintaining a common household in a single dwelling unit. Fenee :—Ani-strueture, intended—€er preteetien, 1 ,0 .8 ef a building er and eeurts rhe errelerre— r prioaey, whieh is eer trueted Fflaterial and--ineluding—baeksteps t„,;ld r ef weed, but mudin r e , er et-ne-r its &- Fence. "Fence" shall mean a partition intended as a dividing marker, a barrier, or an enclosure. Fence Permit. "Fence Permit" shall mean written permission issued by the Building Official for the construction or addition to a fence six feet (61) and under in height. Fill. "Fill" shall mean a deposit of earth material placed by artificial means. Final Plat. "Final Plat" shall mean the final map, drawing or chart on which the Applicant's plan of Subdivision shall be presented to the City Council and which, if approved by the City Council, shall be filed with the Ramsey County Recorder. "F �=a0-�--�re•aZ-=-00r within the—sur-reunding pertienthereef,exelusive—ef T... ll shall ---ea—s�—mc��t�z—��ee--in�-�� exterier walls vent shafts 1 ,0 .8 ef a building er and eeurts rhe fleer area of a building, previded with surreu usable area ,...der the leer -above er—a—pew=en iding exterier walls herizeprejeetien thereef,n�� scall be—iiL of the reef er Floor Area, Gross. "Floor Area, Gross" shall mean the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor -to -ceiling height is less than six feet. Floor Area, Net. "Floor Area, Net" shall mean the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or LA605 10-2 (12) ground floor, except when used or intended to be used for human habitation or service to the public. Floor Area Ratio. "Floor Area Ratio" shall mean the gross floor area of all buildings on a lot divided by the lot area (see illustration, below). Front Yard Parking, Permanent. "Front Yard Parking, Permanent" shall mean a parking area in the Front Yard or Side Yard of the property which is approved by the City Council under the terms outlined in Section 10-5-4 (N) of this Title. Funeral Home. "Funeral Home" shall mean a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation. Garage, Private. "Garage, Private" shall mean an accessory building or accessory portion of the principal building which shall be intended for storage of the private passenger vehicles. of the family residing upen the—lei Greenhouse. "Greenhouse" shall mean a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale or personal enjoyment. "LA605 10-2 (13) fer flat reef—te—the leek line ef fRaTsardreefs; —and the fflea— height —between eaves and aAdge—€er gable, hip a ger-elreefs. See definition under "Building Height" ffiffi-M MW fl—MO-Mr-n- Home Occupation. "Home Occupation" shall mean any gainful occupation or profession carried on by a resident of the dwelling unit, which is clearly secondary to the main use of the premises as a dwelling and does not change the character thereof or exhibit any exterior evidence of the home occupation use. Hospital. Hospital" shall mean an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities. Hotel. "Hotel" shall mean a facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities. Impervious Surface. "Impervious Surface" shall mean any material which reduces or prevents absorption of storm water. Junkyard. "Junkyard" shall mean an open area where waste, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junkyard includes uses established entirely within enclosed buildings. This definition shall not include sanitary landfills. Kennel, Animal. "Kennel, Animal" shall mean any structure or premises in which animals are kept, boarded, bred, or trained for commercial gain. Kennel, Dog. "Kennel, Dog" shall mean any structure or premises on which two (2) or more dogs over six (6) months of age are kept. LA605 10-2 (14) Kitchen Facilities. "Kitchen Facilities" shall mean that as defined in the Minnesota State Building Code. Landscaping. "Landscaping" shall mean the addition of lawns, trees, plants and other natural and decorative features to land. Light Manufacturing. "Light Manufacturing" shall mean the processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. Loading Space. "Loading Space" shall mean an off-street space or berth used for the loading or unloading of commercial vehicles. Local Government Buildings. "Local Government Buildings" shall mean public structures housing public facilities or services including but not limited to City Hall, City Garages, and Warming Houses an�'�t Stations. Lot. "Lot" shall mean a designated parcel, tract or area of land established by plat, in subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit separated €rem -ether pareels-by deseript-1— and meeting the—phy3ieal sta'nda-rds—ef this Title. Lot Area. "Lot Area" shall mean the horizontal plane bounded by the lot lines, exclusive of any public rights- of-way. Lot Consolidation. "Lot Consolidation" shall mean the combining of two or more existing parcels into one parcel and recorded as one parcel by the City Council according to the regulations of this Code. Let,Ger-nei:-A let situated at- the --jianetien e e -n -t ae-(2) er Fflere _rt =rs=et= g streets. r .J Lot, Corner. "Lot, Corner" shall mean a lot bounded by the intersecting boundaries of two or more roads. LA605 10-2 (15) Lot Coverage. "Lot Coverage" shall mean that portion of the lot that is covered by prine-ipal and aeeesse use strueturpg Buildings and Structures expressed as a percentage of the total area of the lot. Lot Depth. "Lot Depth" shall mean the average horizontal distance between the front lot line and the rear lot line. Lot Frontage. "Lot Frontage" shall mean that side of a lot abutting on a street. Lot Line. "Lot Line" shall mean a line defining the horizontal plane of a lot. Lot Line, Front. "Lot Line, Front" shall mean the lot line separating a lot from a front street right-of-way. Lot Line, Rear. "Lot Line, Rear" shall mean that lot line which is opposite the front lot line. If the rear line is less than ten feet in length or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. Lot Line, Side. "Lot Line, Side" shall mean any lot line which is not a front lot line or a rear lot line. Lot, Minimum Area: "Lot, Minimum Area" shall mean the fneasur—ement-s--ef a let eefaputed—e3Eelusive—efany pe-rti= ef the right ef way of a-ny—publie thereug fare smallest lot area established by the zoning ordinace on which a use or structure may be located in a particular district. Lot of Record. "Lot of Record" shall mean a lot which meets the physical standards for width, depth, density, area and right-of-way frontage established by laws either: A. On the date before the adoption of this Code, the Lot was last conveyed and recorded with the Ramsey County Recorder; or B. On the date the lot was recorded with the Ramsey County Recorder, after approval by the City Council as a Plat. LA605 10-2 (16) depth.Let, Width ef: The fflean width ffleasured at right ang! te the Lot Width. "Lot Width" shall mean the maximum horizontal distance between the side lot lines measured parallel to a public right of way at the front yard set back. Manufacturing. "Manufacturing" shall mean establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. Minimum Subdivision Design Standards. "Minimum Subdivision Design Standards" shall mean the guides, principles and specifications for the preparation of a Subdivision indicating among other things, the minimum dimensions of the various elements set forth in the Preliminary Plat and the Final Plat. Mini -Storage Facility. "Mini -Storage Facility" shall mean a structure whose principal use is to serve as a location for the storage of goods, materials, or equipment for more than two persons. Manufactured Home or Mobile Home. "Manufactured Home" or "Mobile Home", an""Manufaetured Heme—Part" shall mean a dwelling unit(s) bearing the seal of the State Building Inspector classifying it as a manufactured home or mobile home. For the purposes of this Ordinance, the term "Manufactured Home" shall be used. Manufactured Homes shall be further defined as follows: A. Manufactured Home, Trailer, or Unit. "Manufactured Home, Trailer, or Unit" shall mean a factory built structure or structures, used for occupancy and equipped with the necessary service connections and made so as to be readily moveable as a unit or units on its own running gear or designed to be a relocatable structure or structures without a permanent foundation. It may be mounted on wheels and used as a conveyance of highways, propelled by its own power or drawn by other motive power. LA605 10-2 (17) B. Manufactured Home Park. "Manufactured Home Park" shall mean any park, court, lot, parcel or tract of land, designed, improved, maintained or intended for the purpose of supplying a location for manufactured home units or upon which any manufactured homes are parked. It shall include all buildings used or intended for use as part of the equipment thereof, whether a charge is made for the use of the Manufactured Home Park or not. "Manufactured Home Park" shall not include Manufactured home sales lots on which unoccupied manufactured homes are parked for purposes of inspection and sale. C. Manufactured Home Lot. "Lot" shall mean a section of ground in a Manufactured Home Park of not less than 7500 sq. ft. of otherwise unoccupied space designated as the location of one mobile home unit, and all other necessary improvements required by this Chapter. Motel. "Motel" shall mean an establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Meter Fuel S ien:—An establishfflent where —game1in-; keresene, --fReter—e3-1--and Daps e "cants are sold eir—used in servieing—fteter—vehieles acrd--where—usualne-ter ve ; repairs and—serviees are per€erfae — See definitions under "Automobile Repair Garage" and "Automobile Service Station". Nonforming or Nonconformity. "Noncomforming or Nonconformity" shall mean any development, structure, sign, off-street parking lot, land use, or lot which was legally constructed or established prior to the effective date of this ordinance, or subsequent amendment to it, which would not be permitted by or is not in full compliance with, the provisions of this ordinance. Nonconforming or nonconformity shall be further defined as follows: >. LA605 10-2 (18) Nonconforming Land Use. "Nonconforming Land Use" shall mean a use or activity which was lawful prior to the adoption, revision, or amendment of the Zoning Ordinance, but which fails, by reason of such adoption, revision, or amendment, to be a permitted, accessory or conditional use in the zoning district in which it is located. Nonconforming Lot. "Nonconforming Lot" shall mean a lot of record, lawfully existing on the date of this ordinance, which does not comply with one or more of the lot area or lot width regulations applicable in the district in which it is located. Non -Conforming Sign. "Non -Conforming Sign" shall mean a sign which existed prior to adoption of this Code but does not conform to the requirements of this Code. Nonconforming Structure or Building. "Nonconforming Structure or Building" shall mean a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the zoning ordinance, but which fails by reasons of such adoption, revision, or amendment, to conform to the present requirements of the Zoning District. Noise. "Noise" shall mean an undesired audible sound. Nuisance. "Nuisance" shall mean an interference with the enjoyment and reasonable use of property. Nursery. "Nursery" shall mean land or greenhouses used to raise trees, flowers, shrubs and plants for sale. Nursing Home. "Nursing Home" shall mean an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals, who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. il'�7iFk1'fA�'Mz Lw�_Z,_ Nursing Home. "Nursing Home" shall mean an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals, who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. LA605 10-2 (19) Y Office. "Office" shall mean a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. Outlot. "Outlot" shall mean a parcel of land, included in a plat, which is smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined through platting with additional land; or a parcel of land which is included in a plat and which is at least double the minimum size and which is thereby subject to future platting prior to development; or a parcel of land which is included in a plat and which is designated for public or private open space, right-of-way, utilities or other similar purposes. An outlot is deemed to be unbuildable. Park. "Park" shall mean a tract of land, designated and used by the public for active and passive recreation. Parking Area. "Parking Area" shall mean any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets. Parking Lot. "Parking Lot" shall mean off-street parking space for at least three vehicles. A driveway is not a parking lot. Pedestrian Way. "Pedestrian Way" shall mean the right-of- way across or within a block, for use by pedestrian traffic. bi il-ding ems—tetruet-ures as distingttished fre eenditienal. See definitions under "Use, Permitted" and "Use, Principal". Person. "Person" shall mean any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person. LA605 10-2 (20) Planned Unit Development. "Planned Unit Development" shall mean an area within a zoning district which may include single or mixed uses, one or more lots or parcels, intended to create a more flexible, creative and efficient approach to the use of land and subject to the procedures, standards and regulations contained in this Title. Planner. "Planner" shall mean the Zoning Administrator of the City of Lauderdale, Minnesota. Planning Commission. "Planning Commission" shall mean the Planning Commission of the City of Lauderdale. Preliminary Plat. "Preliminary Plat" shall mean the preliminary map, exhibits, drawing, or chart indicating the proposed plan of the Subdivision to be submitted to the Planning Commission and City Council for their consideration and approval. Property Line. "Property Line" shall mean the legal boundaries of a lot. Property Owner. "Property Owner" shall mean the fee title owner of property as recorded by Ramsey County or the Contract Deed owner of property. Public Hearing. "Public Hearing" shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to speak and participate. Public Land. "Public Land" shall mean land owned or operated by municipal, school district, county, state or other governmental units. Public Notice. "Public Notice" shall mean the advertisement of a public hearing in the effte a publieati-en as designated --bthe —City Geuneii a paper of general circulation in the area, and through other media sources, indicating the time, place, and nature of the public hearing. Quorum. "Quorum" shall mean a majority of the full appointed membership of a City Commission, Committee, Board, or Council. LA605 10-2 (21) Recreation, Commercial. "Recreation, Commercial" shall mean a privately owned business or organization offering recreational uses, services, or equipment. Recreation, Public. "Recreation, Public" shall mean a recreational use, facility, service, or equipment and operated by a governmental unit. Recreational Use. "Recreational Use" shall mean recreational facilities, services, equipment, or uses which may include accessory buildings maintained for active or passive recreation including, without limitation, parks, playgrounds, ski and snowmobile trails, picnic grounds, wildlife and nature areas, hockey rinks, tennis courts, outdoor pools, volleyball courts, horseshoe pits, in-line skating and skateboarding facilities, together with necessary loading and parking areas, but excluding recreational activity for which a structure is required to house the principal use. The City Council may also define other uses as "Recreational Uses" as it deems necessary. Recreational Vehicle. "Recreational Vehicle" shall mean a mobile vehicle, including boats, used for recreational purposes, capable of being towed or self-propelled. Research Laboratory. "Research Laboratory" shall mean an establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products and/or scientific results. Restaurant, Fast Food. "Restaurant, Fast Food" shall mean an establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready -to -consume state for consumption either within the restaurant building or off premises. Restaurant, Sit -Down. "Restaurant, Sit -Down" shall mean an eating establishment which serves a substantial proportion of its food consumption at tables or counters located on the premises. Retail Trade. "Retail Trade" shall mean establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. LA605 10-2 (22) Retaining Wall. "Retaining Wall" shall mean a wall designed to resist the lateral displacement of soil or other materials. Right -of -Way. "Right -of -Way" shall mean land designated by the City Council, the County, or the State for public vehicular and pedestrian traffic by easement, dedication, statutory user, common law dedication, or other instrument or legal right. Road or Street. "Road or Street" shall mean that part of a right-of-way improved for vehicular traffic, whether designated as a Principal Arterial, "A" Minor Arterial, Urban Collector, or local road or street or however otherwise designated. Sanitary Sewer System. "Sanitary Sewer System" shall mean pipes that carry only domestic or commercial sewage and into which storm, surface and ground waters are not intentionally admitted. School. "School" shall mean any building or part thereof which is designed, constructed or used for educational or instruction in any branch of knowledge. Screening. "Screening" shall mean a method of visually shielding or obscuring one adjacent or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Semipublic Use. "Semipublic Use" shall mean the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Sensitive Resource Management. "Sensitive Resource Management" shall mean the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or highly erosive bedrock, or flora or fauna in need of special protection. Setback Area. "Setback Area" shall mean the area of a lot between the lot line and building foundation in which buildings and structures shall be prohibited by this Title. LA605 10-2 (23) Setback, Building. "Setback, Building" shall mean a line within a lot which establishes the minimum distance between the lot line and the foundation of a structure. Setback Area, Front Yard. "Setback Area, Front Yard" shall mean the setback area between the building foundation and the right e y front lot line. Setback Area, Rear Yard. "Setback Area, Rear Yard" shall mean the setback area between the building foundation and the rear lot line. Setback Area, Side Yard. "Setback Area, Side Yard" shall mean the setback area between the building foundation and the side lot line. Sidewalk Permit. "Sidewalk Permit" shall mean written permission issued by the Building Official for the construction of a sidewalk in the right of way area of the City. Shed. "Shed" shall mean a one-story storage building that is accessory to the principal building. Shopping Center. "Shopping Center" shall mean any contiguous group of three or more retail stores or service establishments, which provides off-street parking utilized in common by patrons. Any naffie, identifieatien,display, srrrn-rture—er de ie'e—wYT2'Ch is pu 7l ely displayed iliustrati and wZTsC'Z'I is used to direct accentien inst itutien ems" r aee. to a—predue —, pergen, business, Sign. "Sign" shall mean any publicly displayed message - bearing device or attention -attracting device used for visual communication, the primary purpose of which is to bring the subject thereof to the attention of the public, including any banner, pennant, symbol, valance, or similar display. Sign shall be further defined as follows: Accessory Sign. "Accessory Sign" shall mean a business sign relating to the business activity or service conducted on the premises upon which the sign is placed. Address Sign. "Address Sign" shall mean a postal identification number only, whether in written or numeric form. LA605 10-2 (24) Billboard Sign. "Billboard Sign" shall mean a sign which directs attention to a business, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. Campaign Sign. "Campaign Sign" shall mean a sign erected by a candidate for public office or by a person or group promoting a candidate for public office or a political issue. Directional Sign. "Directional Sign" shall mean an on- site sign for the purpose of making specific locations known and to assist in finding these locations; for example, "Parking," "Shipping Receiving Area." Flashing Sign. "Flashing Sign" shall mean an illuminated sign on which the illumination is not kept stationary or constant in intensity. Free Standing Sign. "Free Standing Sign" shall mean a sign 20 feet or less in height which is placed on the ground and not affixed to any part of any structure. Governmental Sign. "Governmental Sign" shall mean a sign which is erected by a governmental unit for the purpose of directing or guiding the public. Illuminated Sign. "Illuminated Sign" shall mean a sign which is illuminated by an artificial light source. Institutional Directional Sign. "Institutional Directional Sign" shall mean a sign which bears the address and/or name of a church or recreational area or similar use and directs traffic or pedestrians to the institutions. Institutional Sign. "Institutional Sign" shall mean a sign or bulletin board which identifies the name or other characteristics of a public, semi-public, or private institution on the site where the sign is located. Motion Sign. "Motion Sign" shall mean a sign which revolves, rotates, or has any moving parts intended to attract attention. 13 LA605 10-2 (25) Name Plate or Identification Sign. "Name Plate" or "Identification Sign" shall mean a sign which bears the name and address of the business or the occupants of the building. Off Premises Sign. "Off Premises Sign" shall mean a sign which advertises a business which is located within the City but not on the property where the sign is located. Portable Sign. "Portable Sign" shall mean a sign so designed as to be movable from one location to another and which is not permanently attached to the ground or any structure. Projecting Sign. "Projecting Sign" shall mean a sign, all or any part of which extends laterally from the building more than 12 inches. Pylon Sign. "Pylon Sign" shall mean a free standing structure which is in excess of 20 feet in height with a sign mounted thereon. Residential Sign. "Residential Sign" shall mean a directional or identification sign located in residential districts. Roof Sign. "Roof Sign" shall mean a sign erected upon the roof of a structure to which it is affixed. Shopping Center Identification Sign. "Shopping Center Identification Sign" shall mean a sign and sign structure adjacent to an arterial street which shall be limited to 30 feet in height. The sign shall be limited in area to a maximum of 125 square feet per surface, maximum of two surfaces. LA605 10-2 (26) Sign Area. "Dign-Area" --shall mean that —area !, 1�liLai lines of the surfaee—which-- advertisement er in the ease of messages, bears figures, —the er that area whieh isemeluded in the smallest ,..'t ,. whiEtrean be- made -te=reumsebbe- the -message, ems' symbol -displayed there6nL- maxi -9 . a free—standing er pylen sign 'defers—te surfaee --ea.a --g--_-r -i area _ f e r -= g� Sign Area. "Sign Area" shall mean the entire face of a sign including the advertising surface and any framing, trim or molding, but not including the supporting structure. Sign Structure. "Sign Structure" shall mean any structure which supports or is capable of supporting any sign as defined in this Section. Temporary Sign. "Temporary Sign" shall mean a sign which is erected or displayed for a limited period of time, not to exceed twelve (12) ten (10) day periods per year, except those permitted in this Section. Total Allowable Sign Area. "Total Allowable Sign Area" shall mean the maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated as to create a surface area in excess of the requirements. Traffic Sign. "Traffic Sign" shall mean a sign which is erected by a governmental unit for the purpose of directing or guiding traffic. Wall Sign. "Wall Sign" shall mean a sign which is affixed directly to an exterior wall. Significant Historic Site. "Significant Historic Site" shall mean any archaeological site as defined in Minnesota Statutes 138.31, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the Director of the Minnesota Historical Society. LA605 10-2 (27) Site Plan. "Site Plan" shall mean the development plan for one or more lots on which is shown the lot lines, utility services, open spaces, means of ingress and egress, landscaping, structures, signs, lighting, screening devices, and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. Soil. "Soil" shall mean naturally occurring superficial deposits overlying bedrock. Storm Sewer System. "Storm Sewer System" shall mean a conduit that collects and transports runoff. Story. "Story" shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be is no floor above it, then the space between such floor and the ceiling next above it. �ee�.tsse•� Street or Road. "Street or Road" shall mean any thoroughfare or public way not less than 16 feet in width which has been dedicated or deeded to the public for public use, whether designated as a Principal Arterial, "A" Minor Arterial, Urban Collector, or Local Street or however otherwise designated. Street, Principal Arterial. "Street, Principal Arterial" shall mean State Trunk Highway 280 in Lauderdale. Street, I'A" Minor Arterial. "Street, `A' Minor Arterial" shall mean Larpenteur Avenue in Lauderdale. Street, Local Street. "Street, Local Street" shall mean those streets other than Principal Arterials, "A" Minor Arterials, and Urban Collectors in Lauderdale. Street, Urban Collector. "Street, Urban Collector" shall mean Eustis Street and Roselawn Avenue in Lauderdale. Structure. "Structure" shall mean any building or appurtenance including i-�ad-ditien tee buildings, billboards, ui d ngs,billboards, carports, porches, decks, antennae, except aerial or underground utility lines, such as sewer, �LA605 10-2 (28) electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. and ether bu ld4ng features but net ineluding sidewalks,drives,fenees-,- panes, reereatienal equipffie� and � ll utility sheds. i i the use ef whieh i A structure shall have a fixed location on the ground or an attachment to something having a fixed location on the ground. Structure does not include sidewalks that are no more than thirty inches (30") above grade, driveways that are no more than thirty inches (30 -)above grade, fences six feet (61) in height and less above grade, patios that are no more than thirty inches (30") above grade, and recreational equipment. Subdivider. "Subdivider" shall mean all property owners commencing proceedings under this ordinance to effect a subdivision of land hereunder. Subdivision. "Subdivision" shall mean any or all of the following: A. The division of land by platting, conveyance, registered land survey or other means into two (2) or more lots, plats, sites or other divisions, any of which is less than two and one-half (21/2) acres in area, or B. A division of land, regardless of area, if such division or plat provides for the granting or dedicating of a public street, or C. The resubdivision of land heretofore divided or platted where the total area of land being resubdivided is one acre or more. Sppl—Yi=d: A e of€ering fer sale—building r-e=c a l es t supplies, -ab l i Sent s t eiG3.-ng----e r- tee-1surpl_es, eek term dees net i-xs-lude—aute reduetien yards —e Swimming Pools. "Swimming Pools" above or below grade, having a wate one hundred (100) square feet ani than eighteen (18) inches which i used for swimming, wading or other owner or tenant of the property constructed, or by their family or ;hall mean any enclosure, !r surface area exceeding I a water depth greater a designed, intended, or recreational use by the upon which the pool is invited guests. LA605 10-2 (29) heusi-ng three(3) er ffiere--een-tinueus dwelling unitsr sharing a eefffiiien wall, eaeh having separate and individual - ,a tr re �ti-,, t tore —ef a y=ew heu �eirc—cazi�rccr�circx-azrce J ; czxc�l. r�t� type _.s distinguishedffi ffiultiple dwelling i ng apartfaent.s buildings. Ne single tewnheuse shall eentain ffiere than eight—(8)—dwelling units. See definition under "Dwelling, Townhouse" Use. "Use" shall mean the purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained. Useable Open Space. "Useable Open Space" shall mean a ground area or terrace area on a lot which is graded, developed, landscaped or equipped or intended and maintained for recreation or leisure, available to and useable by persons occupying a dwelling unit and their guests. Such areas must be landscaped or covered only for recreational purposes. Roofs, driveways, and parking areas do not constitute useable open space. Use, Commercial. "Use, Commercial" shall mean the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. Use, Existing. "Use, Existing" shall mean the use of a lot or structure at the time of the enactment of the Zoning Ordinance. Use, Industrial. "Use, Industrial" shall mean the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. Use, Institutional. "Use, Institutional" shall mean a non- profit or quasi -public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure, or land used for public purpose. Use, Permitted. "Use, Permitted" shall mean a use which may be lawfully established in a particular Zoning District if it conforms to all requirements, regulations and performance standards in the Zoning District. Use, Principal. "Use, Principal" shall mean the predominant purpose or activity for which the land, LA605 10-2 (30) structure or building thereon is designed, arranged, or intended or for which it is occupied or maintained. Use, Temporary. "Use, Temporary" shall mean a construction trailer or other structure used during the construction of a primary use and allowed for a period not to exceed nine (9) months. Variance. "Variance" shall mean the waiving by the Board of Adjustments and Appeals etien of the literal provisions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. Warehouse. "Warehouse" shall mean the storage, packing, and crating of materials or equipment within an enclosed building or structure awaiting shipment to other premises. Wholesale Trade. "Wholesale Trade" shall mean establishments or places eir of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Yard: T required—epen spa.-ee—eithe Errent, side er recd e f a dei— hi eh is uneeeupi ed er unebstruetedby struetures f rem greund level upward. Yard. "Yard" shall mean an open space that lies between the principal or accessory building(s) and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this Title. Yard, Corner Side. "Yard, Corner Side" shall mean a yard located immediately adjacent to a corner lot line and extending from the front yard to the rear lot line. All side yards fronting a street shall be measured from the side property line beginning at the edge of the public right of way (see illustration, below). t LA605 10-2 (31) Yard, Front. "Yard, Front" shall mean the yard extending along the front lot line between the side lot lines. All yard fronting a street shall be measured from the front property line beginning at the edge of the public right of way (see illustration, below). Yard, Interior Side. "Yard, Interior Side" shall mean a yard located immediately adjacent to another lot or to an alley and extending from the front yard to the rear yard (see illustration, below). ,, LA605 10-2 (32) Yard, Rear. "Yard, Rear" shall mean a yard extending along the full length of the rear lot line between the side lot lines, or side lot line and corner yard (see illustration, below) . Zoning. "Zoning" shall mean the regulation of the use of land within the City pursuant to Chapter 462 of Minnesota Statutes, and this Title. Zoning Administrator. "Zoning Administrator" shall mean that person appointed by the City Council to advise the City Council on planning and subdivision matters. The Zoning Administrator shall also mean the officer, along with the Building Official, charged with the enforcement of this Title, or his or her duly authorized deputy. Zoning District. "Zoning District" shall mean the zone within the city within which certain zoning or development regulations apply. LA605 10-2 (33) Zening Map: An iineffieial fflarentitled 1113auderdale Zen]'-- _"z) Map"whieh refflains en file zening distriets designated at the City Hall depieting all within the Git-y—. Zoning Map. "Zoning Map" shall mean the map which is part of the Zoning ordinance that delineates the Zoning District boundaries. Zoning Permit. "Zoning Permit" shall mean written permission issued by the Building Official for the construction, repair, alteration, or addition to a fence six feet (61) and under in height, driveway, or sidewalk in the right of way area, or any other construction as designated by the City Council. 4, LA6 0 5 CHAPTER 3 ADMINISTRATION AND ENFORCEMENT SECTION: 10-3-1: Zoning Administrator 10-3-2: Board Of Adjustment And Appeals 10-3-3: Varianees and Appeals General Zoning Application Procedures 10-3-4: erti ieate—ef Geeupaney Resubmission 10-3-5: ffien'men ^ Zoning District Amendments 10-3-6: Penalty Conditional Use Permits 10-3-7: Variances 10-3-8: Appeals 10-3-1: ZONING ADMINISTRATOR: 10-3 (1) A. Appointment: The Zoning Administrator is appointed by the City Council. B. Duties: The Zoning Administrator shall: 1. Administer and enforce the provisions of this Title, in accordance with its literal terms and shall not have the power to permit any construction or any use or change of use which does not conform to this Title; 2. Prepare staff reports to the Planning Commission and City Council for applications submitted for their review; 3. Serve as the Staff Designee to the Planning Commission; 4. Provide information relative to all matters arising out of this Title; 5. Maintain ent fi=e—ef all ze =rg -_r,-i f_eate of eeeidpaney and .,i i , , ,tiens as pub i e reeerds. Maintain permanent and current records of this Title, including but not limited to, all maps, amendments, conditional use permits, variances, appeals, site plans, and expansions or changes of nonconforming use, and applications therefer thereof. LA605 10-3 (2) 10-3-2: BOARD OF ADJUSTMENT AND APPEALS: A. Composition: The Board of Adjustment and Appeals shall be the City Council. B. Powers And Duties: The Board of Adjustment and Appeals shall hold meetings, keep minutes and, pursuant to notice, shall hear variances, appeals and conduct public hearings, take testimony under oath and render decisions in writing. The Board has all the powers and duties assigned to it by Minnesota Statutes, section 462.354, subdivision 2, and this Title. C. Fees: A fee shall be charged in accordance with a schedule as determined from time to time by the City Council for any appeal proceeding filed with the Board (Zoning Ord. as amd.) 10-3-3: GENERAL ZONING APPLICATION PROCEDURES: The following procedures shall be followed for Planning Commission and City Council consideration of Zoning District Amendments, Conditional Use Permits, and Variances: A. Applicants shall meet with City staff for a pre -application meeting during which time the appropriate application procedures, requirements, and applicable zoning ordinance provisions are reviewed and explained. B. Applicants shall submit the application form, required materials as stated in this Chapter, and fees to the zoning administrator. A fee shall be charged in accordance with a schedule as determined from time to time by the City Council for any application proceeding. C. If after the application has been accepted, the zoning administrator determines that the application is not complete, the zoning administrator shall notify the applicant in writing within ten (10) business days of receipt of the application detailing the information which must be supplied, and that no further action shall be taken by the city on the application until the information is supplied. If the applicant fails to provide the information within thirty (30) days of the notification, the application shall be deemed withdrawn and will be returned to the applicant, including all application fees. D. If after determining that an application is complete, the zoning administrator shall present the application along with a staff report to the Planning Commission. LA605 10-3 (3) E. The Planning Commission shall make written findings and recommendations on the proposed application to the City Council. F. The City Council shall hold a Public Hearing on the proposed application. Except in the case of variances, notice of the time, place and subject matter of the proposed application shall be published in the official newspaper of the City at least ten (10) days prior to the Hearing. G. For zoning district amendments involving district boundaries and conditional use permits, property owners within 350 feet of the subject property shall receive a copy of the notice of the public hearing by mail at least ten (10) days prior to the hearing. For variances, property owners adjacent to the subject property shall receive a copy of the notice of application by mail at least ten (10) days prior to the hearing. Failure to receive a notice shall not invalidate the proceedings. H. All public hearings conducted shall be open to the public. Any person may appear and testify at a hearing either in person or by duly appointed agent or attorney. I. After the public hearing is concluded, the City Council will issue a denial or approval of the application in accordance with the timeline requirements of Minnesota Statute 15.99. The Council shall also submit written findings on each matter heard by it indicating its final order. 19 3 4: GERTIFIGTE£--GF ^z C-UPA GY (to be moved to Title 9 of the City Code with other Building Permit regulations) 3. Ghange—the —use —ef a str,,et,,re—erland te--a different use; x, LA605 10-3 (4) 10-3-4: RESUBMISSION A. 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