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05.09.16 Work Session Packet
City ofFamimgton Mission Statement 430 Third Street Through teamwork and Farmington,MN 55024 cooperation,the City of Farmington provides quality services that preserve our proud past and foster a promising future. AGENDA CITY COUNCIL WORKSHOP May 9, 2016 6:30 PM Farmington City Hall 1. CALL TO ORDER 2. APPROVE AGENDA 3. DISCUSSION ITEMS (a) Trident Development TIF Analysis Update (b) Part Time Building Inspector Position Discussion (c) Liquor Store Funds (d) Liquor Store Update (e) Recreational Facilities Plan Review 4. CITY ADMINISTRATOR UPDATE (a) 2016/2017 City Council Priorities (b) Draft Code of Conduct 5. ADJOURN City of Farmington 430 Third Street Farmington,Minnesota e 651.280.6800 -Fax 651.280.6899 ' .,,po„e www.cifarmington.inn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Trident Development TIF Analysis Update DATE: May 9, 2016 INTRODUCTION Trident Development, LLC has submitted an application to the city of Farmington EDA requesting Tax Increment Financing(TIF)for the construction of a new 70-unit assisted senior living facility with memory care south of St. Michael's Church on Denmark Avenue. DISCUSSION Stacie Kvilvang from Ehlers, serving as the city's financial consultant,will be at the meeting to review their analysis of the need for TIF assistance and provide the city council with a recommendation for a TIF agreement. The EDA reviewed this recommendation at their April 28,2016 meeting. A public hearing for the proposed TIF district is scheduled for the June 6,2016 city council meeting. BUDGET IMPACT TBD ACTION REQUESTED Discuss the TIF analysis as presented by the city's financial consultant, Stacie Kvilvang and ask any questions you may have. y0W City of Farmington p 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 ' .,,no" wwwci.fannington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Part Time Building Inspector Position Discussion DATE: May 9,2016 INTRODUCTION The Community Development Department would like to discuss the immediate addition of a part-time combination(residential/commercial)building inspector to serve under the direction of the Building Official, Ken Lewis. Currently we employ just one(residential)building inspector to work with the Building Official DISCUSSION With building activity picking up this year and anticipating what may come in the following years for new homes,residential permits, and commercial projects it is recommended we add a second inspector in the field to compensate for the overflow. This inspector would be doing field inspections,plan review, and maintaining expired permits. With current workloads,the Building Official is spending the majority of his time in the field conducting routine inspections and is not available for project management and administrative functions. The addition of a part-time inspector would allow Ken to spend the time required to maintain his duties as Building Official—meeting with contractors,residential and commercial as well as architects and planners for the upcoming projects,taking care of issues that arise in the field and via telephone calls. This is in addition to current duties of budgeting,maintaining scheduling and reports,and coordinating requirements from other government agencies (Department of Health,Met Council,Department of Labor and Industry, etc.). In order to maintain current service levels and standard permit processing time,Ken will still need to be in the field to help maintain commercial inspections and fill in's but at a smaller scale. This is what the Community Development Department anticipates coming into the City of Farmington this year and future to justify the position addition: Commercial Projects Trident Senior Assisted Living Facility—Approximately$76,000 in unbudgeted permit revenue This Little Piggy addition—permit revenue TBD 14 different projects for the school district—Approximately$70,000 permit revenue 8- 10 projects already in the system—Approximately$15,000 permit revenue Potential large commercial development—permit revenue TBD Miscellaneous smaller remodels Residential Several new residential plats BUDGET IMPACT Based on projected permit revenues,the position would be budget neutral. ACTION REQUESTED In order to maintain current service levels,public safety, acceptable permit and plan review time for both residential and commercial projects,we recommend authorizing the recruitment of a part-time combination building inspector. o�F City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .,, 4./ www cifarmington.inn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Liquor Store Funds DATE: May 9,2016 INTRODUCTION The city has had positive results from its two liquor stores over the previous five years. The stores have turned around financially and are headed in the right direction. DISCUSSION As you may recall, last year we formalized the Four Pots philosophy for the liquor store funds. This approach makes sure the city has enough dollars set aside to pay day to day bills while also setting aside dollars to reinvest back into the community and growing the dollars needed for future capital projects. As a reminder the Four Pots philosophy is funded after the funds are earned and includes: 1. Operations-Our goal is to have$350,000 in this pot to ensure enough cash flow to pay bills. This pot is currently fully funded. 2. Administrative Transfer-This pot covers all of the administrative costs (finance, HR, administration, etc.)that the city provides to the liquor store. The goal is to have the roughly$53,000 built up by the end of the year to fully fund the following years transfer. This pot is currently fully funded. 3. Community/Organizational Transfers-This pot covers the dollars the city council intends to donate on an annual basis to community groups and/or city departments. The funding for this pot comes from the bottom line profits each year that are not needed to fund pots one and two and is split between this pot and pot four. The current balance in this pot is $227,437.07. 4. Capital Improvements-This pot includes the dollars the stores may need for capital improvements to current locations and/or dollars being set aside for the building of a future store. The current balance in this pot is $267,437.08. • Community/Organization Pot As we review the financial information on a regular basis we noticed the community/organization pot balance increasing significantly. This means that we have been bringing in more profits than we have been investing back into the community. With that in mind I asked departments to submit ideas they had to me for potential use of these dollars. I had over$1,000,000 in ideas submitted for the use of these funds. Robin Hanson, Blair Peterson and I reviewed the requests. One of the first things we did was talk about a philosophy for the use of these type of dollars. Traditionally we have looked to park and recreation type uses for past liquor store profits. In the past five years we have expanded that to include other departments to both benefit the departments and reduce or eliminate these costs for taxpayers. We also thought there are certain projects that the city should be responsible for funding. After reviewing the projects we are proposing the following potential uses for almost half of the community/organizational dollars. Downtown Redevelopment Plan Bike Racks $ 5,000 Benches and Signs $10,000 LED Monument Sign $50,000 Patio/Doors of Banquet Room at RRC (Hold) $25,000 Pergola at RRC (Hold) $ 5,000 Roving Camera for Parks/Other Areas $10,000 Arena Sound System(Partnership with FYHA) .$ 8,000 TOTAL $113,000 The two projects listed with holds are meant to be funded but are recommended to wait until possible decisions are made in regards to the Downtown Redevelopment Plan. We do not propose to spend all of the dollars that are available but we will look at this issue again later this year and/or when potential projects arise. I have attached examples of two different types of signs. These are included as examples only and staff is looking at all options in these two areas. BUDGET IMPACT All of the potential projects would be funded through liquor store profits already raised. ACTION REQUESTED Review the proposal and provide staff with any direction you have on this issue. ATTACHMENTS: Type Description D Backup Material LED Sign Example © Backup Material Post Sign Example 5 EXPERIENCE 8' f-__._. 7' 7" LED 1 of r, : / 3n ' 9rIIrl : I 6 ) ,r, j of i ! . 3' 5" ' (W.. use Box 3'6" i �._ 2r 6 I. \ DAYSTAR EXP COLOR 20mm 48x112 ID CABINET: 2'6"x 8' LED CABINET:3'5"x 7'7" Header Vinyl: Photoreal Paint Color:Spartan Bronze Approved as shown ', 1/2"=1' Text Color: Draft:White Sk:881952-1 Cowling Text Vinyl: SIGN DESIGN f! Cust:3126079 Date GRAPHICS DISCLAIMER:This custom artwork Is not Intended to provide an Approved with listed changes \\ stewartsIgns 5/2/2016 exact match between Ink,vinyl,paint,or LED color.Brickwork,masonry -0` America's Premler Sign Company L/bUnderwood and landscaping is not Included In the proposal.Measurements shown are PROPOSAL approximations;dimensions of final product may vary.LED images shown Date are simulated to replicate optimum viewing distance.Sign is designed to ORIGINAL DESIGN DO NOT DUPLICATE be Illuminated at all times.Sketches are based off of this premise. PH.1-800-237-3928 FAX 1-800-485-4280\ J\ / VACKER TRAIL MARKER INC. POSTS SIGNS FOR PARKS&TRAILS „.� "or' •Structural recycled plastic lumber posts. � A `t • Reinforced with fiberglass. Resistant to UV and harsh weather. . • Tapered top, routed dada and routed pocket to accept a TUFF panel ' 7}�g ' � insert on one, two, three or all four post sides I 1,i, f ic.., i ' . - ,', ' NI r', ,_ f , ' • TUFF panel insert Is mechanically fastened in the ii ,,, ,, routed pocket and can be customized to include o , information such as a park/trail name, agency or I l; G� ,y',/,.,'., i` park district name, contact information, SEGD ' l4 national recreational symbols, prohibitive ,l i symbols, mile markers and directional arrows. . cji -.1 /3 Posts am available in 4'5!4''(true),and 6x6"(nominal) ', 6 , : if at a suggested length of 7'. Clients are encouraged to i)1 t; ) o`r lr, provide a rough sketch with desired content for each I ,' sign panel insert version to serve as a resource during I ( ,, �F7 q the design process, �1 *,i 'x . l 't 1 1 y �_. , i�",' r1 Standard post color is cedar, Additional colors and ,; (�I , t sizes available by spelca!order. Tapered top ( I Routed dado f - L_g ,,:f s f, Sunfish Lake wAVnux r r Park —V9s/.( l Richmond l }TILE PL Town ® MILL ' ilirAl 4 ■ n IRNiIcMhm/Poien_.d 'a�y*W,� Avenue —(: , ® 1 1 :01.4 L+� n f 10U - - u .„Cyr , \;r,rt �..�► io f Routed"pocket' Custom designed TUFF panel sign Inserts to accept sign panel vackersign.com I (877) 487-31011 (651) 487-3100 o F1t1 City of Farmington 4( 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 Its *4 *4 www cifarmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Liquor Store Update DATE: May 9,2016 INTRODUCTION The city council has been discussing a number of liquor store related items recently. I will update you on the progress of these issues at the work session. DISCUSSION I will provide an update of the liquor store issues we have been discussing at your work session. BUDGET IMPACT NA ACTION REQUESTED Hear the update presented and provide any direction to the city administrator that you see appropriate. 4%04, City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .4'44 POO www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Recreational Facilities Plan Review DATE: May 9,2016 INTRODUCTION At your May 2, 2016 city council meeting you accepted the recommendation of the Park Facilities Task Force for a possible ballot question in November 2016 for park facilities. In talking with a few of you over the past week I thought it would be good to review your actions and the projects included in the committee recommendation before we bring this issue back for possible ballot language. DISCUSSION I have attached what I call the$10 million dollar option to this memo so you can see the recommendation of the committee. In addition, I have attached the$12.5 million dollar option that would potentially include funding from outside sources for your review. BUDGET IMPACT TBD ACTION REQUESTED Review the information and share any thoughts you may have on this issue and provide city staff with direction on the next step in this process. ATTACHMENTS: Type Description © Backup Material $10 Million Dollar Projects o Backup Material $12.5 Million Dollar Projects Exhibit F Final Recreational Facilities Task Force Recommended List of Facilities and Cost Estimates Task Force Recommended Referendum Funding Recreational Facility Item Amounts By Project Jim Bell Park and Preserve Community Park Improvements General Site Improvements ie rough and finish grading,signage and general park lighting $ 400,000 Landscaping ie parking lot,buildings,seeding park general areas,trees $ 100,000 Vehicular parking and circulation $ 950,000 Pedestrian circulation through park and connections to existing trails $ 150,000 Picnic areas and site furnishings ie small and large shelter,benches,picnic tables,waste containers, etc $ 75,000 Playground ie one structure for 2-5 yr olds and second structure for 5-12 yr olds $ 100,000 Courts ie basketball,tennis,pickieball $ 80,000 TOTAL $ 1,855,000 Jim Bell Park&Preserve Ballfield Complex $ 700,000 construct five field youth baseball/softball complex including:outfield,pitching mounds,skinned infield,turf seeding,irrigation system,backstops,bring utilities to ballfield complex site and fencing around fields Jim Bell Park&Preserve Soccer and Lacrosse Fields $ 160,000 turf seeding,bring utilities to ballfield complex site and irrigation Schmitz-Maki Arena second sheet outdoor ice including refrigeration system,and additional parking lot $ 700,000 Aquatics Jim Bell Park&Preserve:new pool with lazy river,zero depth shallow area,waterslides,lap swim/open swim area,geysers/fountains,deck space,bathhouse,security fencing,furniture,fixtures and equipment etc. $ 4,000,000 Parks North Creek Park:construct multi-purpose building with restrooms for shelter rental use,warming house use, community group rental use and year round park and rec program use $ 225,000 Trails North Creek Greenway: Install new bridge and complete construction of existing gap in trail connection $ 150,000 Subtotal $ 7,790,000 10%Construction Contingency $ 779,000 Construction Total $ 8,569,000 12%Design and Engineering Soft Costs $ 1,028,280 Subtotal Costs $ 9,597,280 Bond issuance cost,underwriter's discount and capitalized interest $ 400,000 TOTAL COST $ 9,997,280 4/22/16 to 4.4 O O . 0 . . 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U W To Y b (171 i+ c N N ca 00 1-' U U Y U .O c 3 C G $' m - Q �L O y O y '''' a) 0 CL O U a- C 3 - ~ �, C . .c � +" c d a = 7 �' 'A 3 a ..- 0 03 aJ C to C > o . a7 U. C U R C 03 E 2 0 do 0 E U C > y Ca in O 10 a o In 03 i_ a) 1N 1 d a, c c -c _ a ,F co N .0 N cYi C c IX L. C CU C = o O m O ro g m u L +` C U u 4-, m C c in C > cu N H cu 0 cu N ° -fl C 0 ? a CO ca Cl) VI VI W C c U I- 4 •N ' 'a 4 +' C C .� O ate! • C on L t W aa) -° o O 3 in a1 c c CO v o 4.72 a1 - w O _ + U C w O U C.) • 0 as 3 E Y C et. .0 y > > c C7 Y i+ c d 3 >, U .a m .0 v m t :_ 0 m etkRifie City of Farmington 430 Third Street Farmington, Minnesota `ga 651.280.6800 -Fax 651.280.6899 to,►a�"`' www.cifamiington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: 2016/2017 City Council Priorities DATE: May 9, 2016 INTRODUCTION The city council met in your annual goal setting work session on April 15, 2016. At that meeting you discussed a wide variety of issues/projects that you considered including in your priority list for 2016/2017 IMSCUSSION The city council discussed a variety of issues that you wanted to consider including in your 2016/2017 list of priorities. As is usually the case you discussed a number of issues at the work session. Some of the ideas you discussed included- • City Hall Space Lease • Fire Department Inspector • Downtown Liquor Store Location • Road Maintenance/Flagstaff Avenue/Snow Issues • Building Maintenance • Staffing Issues • Park Facilities Question • Downtown Redevelopment Plan • Green Steps Program Step 3 • 2040 Comp Plan • Boards/Commission Recognition • EDA Financial Independence/Levy Authority/EDA Plans • Quality of Lot Availability/Development Restarting • Liquor Store CIP • Township Relationships • Empire Township Water and Police Issues • Exchange Bank Agreement As I look at the list of items from the work session and consider the discussions you had during the day, it is apparent to me that most of the time we spent at that meeting focused more on tasks and hopeful results rather than priorities/goals. With that in mind I took the time to review the list/discussions and grouped the items into similar areas. The areas that almost all of the items and your discussion focused on fell into four categories- 1. Financial 2. Development 3. Partnerships 4. Service Delivery Having participated in a number of these goal setting sessions in my career and being a part of meetings with you over the years I next attempted to take your discussions and work tasks "up a level" to define your priorities. I would proposed that your four priorities for 2016/2017 include- 1. Financial-Continue to take steps to make Farmington a city of fiscal excellence. 2. Development-Support expansion of our residential, commercial and industrial properties. 3. Partnerships-Forge opportunities with existing and new partners. 4. Service Delivery-Endeavor to provide core government services at high quality levels. These are high level goals that can be continual and work on them would benefit the city. Some of the action items that you may want to consider placing under each goal include: Financial-Continue to take steps to make Farmington a city of fiscal excellence. 1. Implement the bond refinancing plan in 2016 and 2017 as proposed by staff. 2. Approve the 2030 financial plan and implement all of the capital improvement plans that are associated with the financial plan. 3. Continue to make decisions that will assist in a bond rating upgrade from AA to AA+. Development-Support the expansion of residential, commercial and industrial properties. 1. Complete and implement the process to determine the location of the downtown liquor store. 2. Make a final determination on a possible park facilities question on the November 2016 ballot. 3. Complete the city council portion of work associated with the 2040 comprehensive plan. 4. Look at the possibility of providing the EDA with levy authority based on state law and potential plans developed by the EDA. 5. Support an increase in the variety and amount of residential lots available and support those developers on the verge of starting their projects. Partnerships Forge opportunities with existing and new partners. 1. Consider reinforcing partnerships with Eureka Township and our state legislators. Consider developing annual legislative priorities. 2. Review issues with Empire Township including water supply and police support. 3. Work with government and 50(c)3 agencies about possible use of city hall space. Service Delivery-Endeavor to provide core government services at high quality levels. 1. Support staff with additional resources to maintain Flagstaff Avenue in the winter months. 2. Support staff with additional resources for annual road maintenance projects. It is important to note that not all of the tasks that you discussed at your goal setting session are included in the information above. I believe it is most important to remember the four high level goals you have set. City staff will continue to work on the tasks portion of this information. The tasks are what you will receive updates on during the year. The four goals are the philosophy you can use when you are making decisions. BUDGET IMPACT TBD ACTION REQUESTED Review this information to see if I have summarized the information that was discussed at your goal setting session. Provide direction on this information. ATTACHMENTS: Type Description 0 Backup Material 2016-2017 City Council Priorities CITY OF FARMINGTON CITY COUNCIL PRIORITIES 2016/2017 tFAR/f/ o 16 GGA4`' ' C/� sT'A PROM, The Farmington City Council has established the following priorities that are in the best long term interest of the city. 1. Financial-Continue to take the steps to make Farmington a city of fiscal excellence. 2. Development- Support the expansion of residential, commercial and industrial properties. 3. Partnerships-Forge opportunities with existing and new partners. 4. Service Delivery-Endeavor to provide core government services at high quality levels. 4F t, City of Farmington , 430 Third Street Farmington, Minnesota 4' 65L280.6800 -Fax 651.280.6899 '"..,� , www ci.farmington.mn.us TO: Mayor, Councihnembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Draft Code of Conduct DATE: May 9,2016 INTRODUCTION The city council discussed the issue of a code of conduct at your goal setting session in April 2016. DISCUSSION The city council discussed the issue of a code of conduct for the city council,boards/commissions and city staff at your goal setting session. A number of examples were shared of what is in place in a few other cities and the League of Minnesota Cities. Your discussion at your goal setting session directed me to bring forward a draft based on the League's example. I did discuss this issue with the city attorney and he had a similar opinion to the one I shared with you in April. I have developed the attached draft code of conduct for your review and revision. If the city council wishes to move forward with a code of conduct I would recommend that city staff be directed to review the city council policies and city council by-laws. I recommend this to update this information for content,to reflect the procedures we actually use in regards to some of the issues referenced in these documents and to better reflect the government unit Farmington is today. BUDGET IMPACT NA ACTION REQUESTED Review the attached draft code of conduct and provide city staff with any direction you may have. ATTACITVIENTS: Type Description ® Backup Material Code of Conduct-Draft D Backup Material City Council By-Laws D Backup Material City Council Policies CITY OF FARMINGTON CODE OF CONDUCT Purpose The Farmington City Council has implemented a code of conduct for its members, as well as members of all of the city boards/commissions and city staff. The code of conduct eliminates conflicts of interest and provides standards for conduct in city matters. The city council hopes to promote the faith and confidence of the citizens of Farmington in their government and to encourage its citizens to serve on its city council, on its boards and commissions and as employees. Standards of Conduct No members of the city council, boards/commissions and employees may knowingly: 1. Violate the open meeting law. 2. Participate in a matter that affects the person's financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession or occupation. 3. Use person's public position to secure special privileges or exemptions for the person of for others. 4. Use the person's public position to solicit personal gifts or favors. 5. Use the person's public position for personal gain. 6. Except as specifically permitted pursuant to Minnesota Statute 471.895, accept or receive any gift of substance,whether in the form of money,services, loan,travel, entertainment, hospitality, promise,or any other form, under circumstances in which it could be reasonably expected to influence the person,the person's performance of official action, or be intended as a reward for the person's official action. 7. Disclose to the public,or use for the person's or another person's personal gain, information that was gained by reason of the person's public position if the information was not public data or was discussed at a closed session of the city council. 8. Disclose information that was received, discussed, or decided in conference with the city's legal counsel that is protected by the attorney-client privilege unless a majority of the city council has authorized the disclosure. 9. Represent private interests before the city council or any city committee, board, commission or agency. Except as prohibited by the provisions of Minnesota Statute471.87,there is no violation of item two above for a matter that comes before the city council, board or commission if the member of the city council, board or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the city council under the circumstances described under Minnesota Statute 471.88, if property statutory procedures are followed. FARMINGTON CITY COUNCIL CITIZEN COMMENTS Citizen comments is a time for anyone to address the city council on matters that are not on the city council agenda. Those speaking are asked to state their name and address and limit their comments to five minutes. The city council will not engage in discussion on any topics raised tonight but those issues requiring a response will be responded to by the next city council meeting and placed on the city council agenda. The city council has an expectation of civility of anyone addressing the city council and respects the right of residents to share their opinions. COUNCIL BY-LAWS • SCOPE These by-laws are proposed pursuant to the provisions of Title I,Chapter 5,Section 2 of the Farmington City Code. These by-laws,when adopted,are intended to deal with matters not otherwise covered by State Law, City Ordinance or elsewhere. SECTION I-MEETINGS SUED. 1 -Regular meetings of the City Council shall be held on the first(1st)and third(3rd) Monday of each month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings,including special and adjourned meetings,shall be held in the City Hall unless otherwise designated. SUBD.2-Special meetings of the Council may be called by the Mayor or by any two members of the Council in writing,filed with the Clerk. At least 3 days before the meeting,the Clerk shall notify - each member of the time,place and purpose of the meeting by electronic notice to be sent to him/her personally. At least 3 days prior to the meeting,the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings. Emergency meetings may be held because of circumstances that,in the judgment of the Council,require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each Council member and persons filing a request for written notice. The notice of special meeting shall state the item(s)to be discussed and possibly acted upon. Items not stated in the notice may be discussed,but no action may be taken if any member objects. Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. SUED. 3-At the first regular Council meeting in January of each year,the Council shall: (1) designate the depositories of City funds;(2)designate the official newspaper; (3)pursuant to this section,choose an Acting Mayor from the trustees,who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City,or in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies. The Acting Mayor shall be selected as follows: Odd Numbered Year-Member serving 3 year of term who received the most votes when elected; Even Numbered Year-Member serving 4th year of term who received the 2"d most votes when elected. SUBD. 4-Commission appointments for boards and commissions shall be made at the second(2"d) regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD. 5-All Council meetings,as defined by State Law,including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council,in writing,as to his interpretations of the State"Open Meeting Law." All new members shall be provided such written interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his interpretation to the attention of the Council,in writing,and have the subject placed on the agenda for discussion. 1 • SUED. 6--Council shall adopt such policies that will ensure an orderly,mutually respectful and appropriate public meeting atmosphere,conducive to the proper conduct of City affairs and business. , Rules governing the conduct of the meeting shall be enforceable by the presiding officer,typically the Mayor,or any other such Councilmember in the absence of the Mayor. Council may adopt such rules as a separate Council Policy and may make such changes in policy as deemed appropriate. SECTION II-PRESIDING OFFICER;RULES OF ORDER SUBD. 1-The Mayor shall preside at all meetings of the Council. In the absence of the Mayor,the Acting Mayor shall preside. In the absence of both,the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their members to act • temporarily as presiding officer. SUED.2-The presiding officer shall preserve order,enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules,the proceedings of the Council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the Council,and the mover,as well as the seconder,must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his/her second. But a motion, once debated,cannot be withdrawn except by majority vote of the Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and s/he has opened it to debate. D. Each member,while speaking,shall confine him/herself to the question at hand and avoid all personal,indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects him/her personally,s/he shall first vacate his chair and shall not resume his seat until the matter under, consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held,the presiding officer,during the open hearing,shall allow any member of the public present,the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting,the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SURD.3-Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded,the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. 2 } SECTION III-AGENDAS SUBD. 1 -The agenda shall be prepared by the Clerk and shall be closed at noon on the Wednesday preceding the meeting for publication purposes. Items added after this time must be listed as supplemental and presented to Council under the"Approve Agenda"section of the meeting. SURD.2-The Clerk shall submit a copy of the agenda to the official newspaper and other appropriate media outlets for publication on the Wednesday afternoon preceding the Council meeting. SUBD. 3-The agenda packet shall be distributed electronically to the Council by 6:00 p.m. on the Thursday preceding the Council meeting. SUED. 4-Any Councilmember can place an item on the agenda by so instructing the Clerk. SUED. 5-No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUED. 6-The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed,but no action may be taken if any member objects. SUBD. 7-A consent agenda may be included as part of the agenda,to be approved by a unanimous vote of the City Council. Items may be removed from the consent agenda by request of the Mayor or Councilmembers. SECTION IV-ORDER OF BUSINESS SUBD. I -Each meeting of the Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order: (1) Call to Order . (2) Pledge of Allegiance (3) Roll Call (4) Approve Agenda (5) Announcements (6) Citizen Comments (5-minute limit per person for items not on the agenda) (7) Consent Agenda(All items will be approved in 1 motion with no discussion unless anyone wishes an item removed for discussion). (8) Public Hearings (9) Award of Contracts (10) Petitions,Requests and Communications 3 (11) Unfinished Business (12) New Business (13) Council Roundtable (14) Adjourn SUBD.2-The order of business may be varied by the presiding officer,with the scheduled time of a public hearing publicly specified as concurrent with that of the time of the Council meeting. Public hearings scheduled shall then be opened by the presiding officer in the order they appear on the agenda, or may be varied to facilitate the efficient conduct of Council business. SUBD.3-Each person shall be allowed a maximum of 5 minutes to address the Council under Citizen Comments. SECTION V-MINUTES SUBD. I -Minutes of each Council meeting shall be kept by the Clerk,or,in his absence,his designee. In the absence of both,the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the Clerk and can be accurately identified from the description given in the minutes. SUBD.2-The minutes of each meeting shall be reduced to typewritten form,shall be signed by the taker,and included in the agenda packet for approval at the next Council meeting. The minutes are placed under the consent agenda. The minutes need not be read aloud,but a member shall request the minutes be pulled from the consent agenda for separate vote if there are any additions or corrections or the member was absent from the meeting and would need to abstain from voting on said minutes. SUBD.3-In addition to typewritten minutes,each Council meeting held in the Council Chambers shall be tape recorded. Recordings shall be kept on file in the Clerk's office in a secure location for a period of 3 months from the date the minutes are approved. Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD.4-The minutes shall substantially follow the following format: MINUTES COUNCIL MEETING (REGULAR OR SPECIAL)MEETING DATE 1. Presiding officer,time and place of meeting. 2. Members Present and Absent,time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes. 3. Summaries of all discussions,communications,decisions,including a copy of each motion exactly as stated,whether or not the motion had a second and,if so,whether or not it was adopted,and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes.) 4. Time of adjournment. 4 • SECTION VI-QUORUM AND VOTING SUBD. 1 -At all Council meetings a majority of all the Councilmembers elected shall constitute a quorum for the transaction of business. SUBD.2-The votes of members on any question pending before the Council shall be by roll call, except for the following agenda items: approval of the agenda;approval of the minutes;approval of the consent agenda;and adjournment. The Clerk shall call the roll on a rotating basis. The names of those voting for and against the question shall be recorded in the minutes. If any member,being present, does not vote,the minutes shall be stated "Abstain: Name." SUBD.3 -Except as otherwise provided by statute,a majority vote of a quorum shall prevail. SECTION VII-ORDINANCES,RESOLUTIONS,MOTIONS,PETITIONS AND • COMMUNICATIONS SURD. 1 -If requested by any member of the Council,every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and other communications addressed to the Council shall be in writing and shall be read in full upon presentation of the same to the Council. They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD.2 -Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the Clerk,and filed by him/her in the ordinance or resolution electronic file. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3 -Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number,if any,and the title of the ordinance or resolution to be repealed in whole or in part. No ordinance or resolution or section or subdivision thereof,shall be amended by reference to title alone,but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII-ADMINISTRATOR REVIEW SUBD. 1 -The City Council shall conduct an annual review of the.City Administrator. The procedure shall be substantially as follows: A. The Administrator shall distribute a Council approved evaluation form on or before the anniversary of the Administrator's appointment. B. Councilmembers shall complete the prescribed form and schedule a special meeting to evaluate the Administrator based upon the written evaluations submitted. C. The completed evaluation form shall be submitted to the City Attorney within 21 days from the date the evaluation document is received by Council. D. The City Attorney shall tabulate the results of the evaluation without any reference to individual Councilmembers. 5 • E. The City Council shall consider the tabulated results during a regular meeting following the special meeting to evaluate the administrator and may take action accordingly. . SECTION IX-BOARDS AND COMMISSIONS;MINIMUM PERFORMANCE SUBD. I -There shall be submitted to the Council at the first meeting of January of each year, a performance report of various Boards and Commissions. SUED.2—Attendance reports shall be submitted to the Council/on.the following citizen involvement in Boards and Commissions: Water Board,Planning Commission,Parks and Recreation Advisory Commission,Rambling River Center Advisory Board,Heritage Preservation Commission and Economic Development Authority. SUED.3-Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. • SUED.4-It shall be the goal of the Council to meet at least one time per year with each Board and Commission on an informal basis. Such meeting shall not be held in conjunction with a regularly scheduled meeting of the Council,Board or Commission. SECTION X-AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUBD. I -Definitions For the purpose of this section,the following terms shall have these meanings . given them. Authorized Person: The Mayor or any Councilmember. Authorized Expenditure: Expenditures made on behalf of the City for a public purpose as determined by the City Council. Authorized expenditures shall include,but not be limited to,the following: Travel(except auto mileage within 25 miles),meals,registration,tuition,course materials. Official Function: Any function which is for a public purpose as determined by the City Council. Official functions shall include,but not be limited to,the following: Council meetings outside of the City limits,League of Minnesota Cities functions,training sessions,education courses,official City business,legislative meetings,seminars,meetings where City representation is requested. SUED.2-An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met: A. The expenditures must be for a public purpose as determined by the City Council. B. The Council must be authorized to make the expenditure. C. The money must have actually been spent on behalf of the City,except as provided under Subdivision 3(C)(2). D. The Council has approved the request to attend an official function except as provided under Subdivision 3(CX1). 6 SUBD.3-Procedure: A. A request to attend an official function,or to request reimbursement for attending an official function shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The Council shall either approve the request provided that the conditions set forth under Subdivision 2(A)(B)(C)are met,or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for Council action as follows: 1. Reimbursements for expenses may be submitted for Council consideration. 2. The Council may advance the estimated cost of traveling to and attending the function, provided the person submits a list of itemized authorized expenditures, and reimburse the City for any unused portion. SUBD. 4-The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget,provided that the Mayor submit an affidavit of expenses for the allocated amount. SECTION XI-SUSPENSION OR AMENDMENT OF BY-LAWS SUBD. I -These by-laws maybe temporarily suspended by a unanimous vote of the members ) present. SUBD. 2-These by-laws shall not be repealed or amended except by a majority vote of the whole Council after notice has been given at some preceding Council meeting. SECTION XII-EFFECTIVE DATE SUBD. 1 -These by-laws have been adopted by the Council on the 6"'day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. Adopted: 9/6/83 Effective: 10/3/83 Reviewed: 1/3/12 Amended: 8/03/87, 1/21/92,4/20/92,8/17/92,2/01/93,7/18/94,9/06/94, 1/17/95, 1/16/96,3/03/97, 11/03/97, 1/05/98,2/1/99, 1/18/05,2/2/09, 1/3/12 7 ( ) COUNCIL POLICY-01 • Council-Resident Complaint Resolution Process The handling and resolution of resident complaints is a very high service priority for council and staff. In order to effectively and efficiently address resident complaints brought directly to Council members,the following procedures and value statements are proposed: a) If a Council member is uncertain as to the proper referring department of a resident service complaint,she or he is encouraged to contact the City Administrator,or if the referring service department is known,the Council member is encouraged to contact _ the Department Director directly. Consequently, all resident service complaints or process questions should be taken either to the City Administrator or to the affected Department Director to maintain consistency in service communications, accuracy, appropriate management accountability, and general courtesy to the managing director. b) All resident service complaints or concerns are important, however, in order to effectively resolve the issue and maintain consistency in resolving existing service priorities, a reasonable amount of time may be required to address the issue in the order received. In complaint situations where the level of difficulty is high and/or some amount of time is needed to focus organizational resources on the issue, Council members and the respective resident will be updated on the status. { c) In situations where either the City Administrator or Department Director is unavailable, leaving a detailed message on voice mail is encouraged. Staff will respond to these messages within a reasonable amount of time, usually within the day or next business day at the latest. d) The reporting Council member will receive service feedback on the complaint by the responding department director/designated staff person or the City Administrator upon resolution or as may be requested by the Council member. e) Once the resident service complaint is brought to the attention of the City Administrator/Department Director, it is expected that staff will handle the issue exclusively to ensure direct communications with the resident, and will handle the issue in question according to the City Code, professional judgment and reasonable service time frames. f) Council members are encouraged to refer the resident to the appropriate department director, or indicate that the administrator or department director will contact them on their respective concerns. • t Adopted 10/6/97 COUNCIL POLICY-02 Council-Staff Communication Protocol In order to maintain a consistent, open, and mutually productive relationship, it is encouraged that Council members communicate with the administrator or appropriate department director on all service related issues. It is important that when a service related issue affecting the organization is in question, that the administrator or affected department director is notified to provide Council with a senior level management response. { .) • ( Adopted 10/6/97 ) COUNCIL POLICY-03 Council Expectations of Staff Work Assignments All City-related issues will be objectively and professionally reviewed by staff. Staff research and concluding opinions will be based upon all available relevant sources of data, and based upon respective staff expertise. Staff is hired to provide Council with professional expertise on a variety of subjects and issues to be presented in an unbiased,objective manner. Council is free at all times to question staff rationale,process,and procedures issues and associated background information,but should allow staff to exercise their professional judgment with confidence. ( ) • (. i Adopted 10/6/97 COUNCIL POLICY-04 Council-Management Team Statement of Commitment to Productive Working Relationship Council and staff roles are mutually supportive and respectful; committed to working together as a team. Keeping communication lines open, mutually respectful and honest are key to a productive, high-quality and mentally healthy work environment. Staff respects Council's role as that of preeminent policy maker on all issues affecting the community. Conversely, Council respects the management team's role as professional, competent managers committed to implementing Council policies in a credible,considered,and objective manner. { ` Adopted 10/6/97 J COUNCIL POLICY-05 CITY COMMISSION APPOINTMENT PROCESS Policy Purpose. The purpose of this policy is to set forth the procedures to be used in appointing interested citizens to the City Commissions. The appointment of citizens to City advisory commissions and boards shall be made by the City Council on an annual basis to fill all expired terms. The Council shall conduct interviews of all qualified candidates to consider relevant qualifications and interests, and appoint such members as the Council deems in the best interest of the City. Commission seats vacated by resignation and/or removal shall be appointed by first reviewing any applications on file and/or any requests to be appointed by interested citizens having taken notice of an existing vacancy. If no applications are on file,the City shall solicit applications for appointment by advertisement in the legal newspaper and other public mediums as appropriate. Appointments to fill seats vacated by resignation and/or removal shall coincide with the normal expiration date of the seat and shall be made as soon as practical. Appointments to fill vacated seats during an unexpired term shall be in accordance with the City Code. Adopted 10/6/07 COUNCIL POLICY--06 Council Meeting/Public Hearing Citizen Participation Protocol POLICY PURPOSE The purpose of this policy is to establish guidelines for citizen participation at public meetings that will ensure that the following Council objectives are achieved. e Welcome and encourage citizen comments on matters of interest or concern ■ Preserve and promote the accurate exchange of information • Preserve the equal rights of citizens to communicate their views • Provide for an orderly,courteous,and efficient meeting • Provide adequate time for Council to review and consider agenda items COUNCIL MEETING The following Council meeting guidelines are established and shall be enforceable by the Mayor or presiding Council member. The following guidelines may be amended by a . majority vote of Council. 1. Questions are to be addressed to Council during the meeting; citizens are encouraged to contact City staff prior to or following the Council meeting for further information. Council is free to call upon or direct a question to staff as necessary or appropriate. 2. A citizen desiring to speak may do so only after being recognized by the Mayor. Upon recognition, the citizen should approach the podium and clearly state his/her name and address, 3. To allow for equal time, citizens are limited to five (5) minutes to address Council. 4. Complaints or concerns expressed during `Citizen Comments', and not on a regular Council meeting agenda, will be responded to by the next regularly scheduled Council meeting and placed on the Council Agenda. Citizens will receive a copy of the City's response prior to the next meeting. PUBLIC HEARING Citizen testimony, opinions, or questions at a public hearing are encouraged, and are considered by Council in their respective deliberations. The following guidelines are established by Council and are enforceable by the Mayor or the presiding Council member. 1. A member of the City staff will introduce and explain the agenda item. Effective 1/98 Amended 1/05 2. The Mayor will invite public comment and set a time limit for each speaker so that all citizens desiring to address the issue may have the opportunity to do so. A group of persons may select one spokesperson to speak for the group; that person may be granted more time at the Mayor's discretion. 3. A citizen desiring to speak may do so upon recognition by the Mayor. He/she shall approach the podium and state their name and address. -Citizens not recognized by the Mayor shall refrain from interrupting a speaker who has been recognized as a matter of general courtesy. 4. Questions should be addressed to Council. Council is free to call upon or - redirect a question to a staff member. Citizens are encouraged to contact staff members prior to or following the public hearing to obtain further information. 5. Each citizen will be permitted to address Council once during the meeting. At the Mayor's discretion, second comments may be heard if time exists or if new information is to be presented. 6. After citizen comments have been heard,Council will close the public portion of the hearing and then hold its own discussion on the issue. A decision may be made at this time or postponed until a later meeting. No further public comment on the topic will be allowed unless specifically invited by the Mayor. These guidelines may be amended upon a majority vote of the Council. • I Effective 1/98 Amended 1/05 COUNCIL POLICY-07 Council Workshop Protocols and Purpose POLICY PURPOSE The purpose of this policy is to establish guidelines and clarify the legislative nature and purpose of a Council Workshop. WORKSHOP DEFINITION Council workshops are special work sessions attended by Council, Designated as special informational opportunities for Council, as a whole, to address, examine, and formulate legislative positions on a variety of complex policy issues affecting the community at local,state, and federal levels. WORKSHOP PROTOCOLS The following guidelines have been adopted by Council to establish an appropriate framework for Council workshops to ensure a productive, team oriented and conducive work session environment. • Because the work sessions are attended by a quorum of the City Council, they are considered public meetings subject to the state Open Meeting Law. • Any Council member may request that a workshop be held to discuss a matter,however, items will only be scheduled for a work session by a majority of the Council. • The Mayor or Acting Mayor, as meeting chair, shall endeavor to provide all members with an opportunity to participate in workshop discussions, ■ Because Council workshops are primarily held for the benefit of locally elected officials to further study, evaluate, and understand complex community issues and their related policy implications, no official actions will be taken by Council and there may be limits placed on the participation of interested individuals and organizations. M Issues to be studied at Council workshops shall be publicly identified and appropriately publicized. Agendas shall be prepared in accordance with the issues to be discussed by Council. • Workshop meeting dates,when requested and approved by Council,shall be scheduled as needed and meet the requirements of the Open Meeting Law. WORKSHOP FORMAT As the intent of a Council workshop is designed to facilitate a better understanding of legislative issues before Council,members shall have the opportunity to freely express their thoughts,ideas and concerns in order to fully explore the issues before coming to a final policy position. As Council workshops are conducted as an informal work session, all discussions shall be Adopted 10/6/97 considered fact-fording, hypothetical and unofficial critical thinking exercises, which do not reflect an official public position. While individual and group positions may be formed as part of this process,no official vote shall be taken. Should Council express consensus of opinion on any given matter under deliberation at a workshop, Council members reserve the right to modify, amend, or change their positions prior to an official vote. PUBLIC INFORMATION STATEMENT Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only official Council action normally taken at ®ularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter. • This policy may be amended by a majority vote of Council as deemed necessary and appropriate. ( l ( I Adopted 10/6/97