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04 15 2025 CC Work Session Agenda PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL WORK SESSION MEETING AGENDA April 15, 2025 at 5:00 PM Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights 1.Call to Order 2.Discussion a.City Council Code of Conduct b.City Advisory Commissions c.Acacia Boulevard Power Line Relocation d.Sibley Memorial Highway Turnback 3.Adjourn Alternative formats or auxiliary aids are available to individuals with disabilities upon request. Please contact City Hall at 651-452-1850 or by emailing cityhall@mendotaheightsmn.gov. Page 1 of 17 This page is intentionally left blank 2.a City Council Work Session Memo MEETING DATE: April 15, 2025 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: City Council Code of Conduct ACTION REQUEST: The city council should discuss moving forward with the development of a Mendota Heights City Council Code of Conduct. BACKGROUND: As part of the city council strategic priority-setting session on March 4, the council proposed creating a city council code of conduct. Many cities have adopted Council Codes of Conduct to establish shared expectations for behavior and communication among elected officials. These policies promote accountability, transparency, and mutual respect both within the council and in interactions with city staff and the public. A Council Code of Conduct may also provide a framework to help guide council members in handling disagreements, navigating conflicts of interest, and maintaining professionalism during meetings and public engagements. ATTACHMENTS: 1.Code of Conduct Examples Page 2 of 17 1 Edina City Council – Code of Conduct Contents Introductory Pledge ............................................................................................................................................ 2 Compliance and Enforcement ............................................................................................................................. 2 Comply with the Law ........................................................................................................................................... 2 Roles of Council, Staff and Commissions ............................................................................................................ 3 Working with Staff .......................................................................................................................................... 4 Working with Boards/Commissions ................................................................................................................ 5 Working with the Community ............................................................................................................................. 5 Intergovernmental Relations .............................................................................................................................. 6 Page 3 of 17 2 Introductory Pledge Edina residents and businesses deserve a fair, ethical and accountable local government which earns the public’s full confidence for integrity. Recognizing these goals, the Code of Conduct is established for all elected officials of the City of Edina. As a member of the Edina City Council I agree to uphold the Introductory Pledge for elected officials adopted by the City Council and conduct myself by the following model of behavior. I will: •Comply with the law, including o Staying within the City Council’s authority o Following the open meeting, gift, and conflict of interest laws •Respect City Council roles and responsibilities when working with staff, Boards and Commissions •Be consistent in policy and respect process •Fulfill the Council’s fiduciary responsibility to act in the best interest of the City, and all of its residents, both financially and legally by: o keeping the common good as the highest purpose to focus on achieving constructive solutions for the public benefit o not disclosing private or confidential information of the City, or using that information to advance personal interests o protecting City interests and liability by following advice of legal counsel Compliance and Enforcement The Code of Conduct expresses standards of ethical conduct expected for members of the Edina City Council. Members themselves have the primary responsibility to assure the public that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. We will hold ourselves and each other accountable and when there is a suspected violation of the law, we will discuss with the City Manager. Comply with the Law Members shall comply with the applicable federal laws, state laws, and city ordinances in the performance of their public duties. Authority In statutory cities, powers are granted to the Council as a whole, and not to individual members. Mayoral Role According to MN Statute 412.191 the Mayor is a full member of the council in addition to: •Act as presiding officer of meetings (Subd. 2) •Represent the City ceremoniously •Execute official documents (Subd. 4) Open Meeting Law (OML) Public deliberations and processes shall be conducted openly and in a transparent manner. The Minnesota Open Meeting Law (Chapter 13D) requires that meetings of governmental bodies generally be open to the public in order to: Page 4 of 17 3 • Prohibit actions being taken at a secret meeting where it is impossible for the interested public to become fully informed about a public board’s decisions or to detect improper influences • Assure the public’s right to be informed and observe public meetings The Minnesota Supreme Court has noted that meetings of less than a quorum of a public body held serially to avoid a public meeting or to fashion agreement on an issue of public business may violate the open meeting law. Gift/Donations Gifts from Interested Persons: Under MN Statute 471.895, Council Members may not receive gifts from any “interested person” in conjunction with their City Council duties. • A “gift” is defined as money, real or personal property, a service, loan, a forbearance or forgiveness of debt, or a promise of future employment, that is given and received without the giver receiving something of equal or greater value in return • "Interested person" means a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make o Virtually every resident or person doing business in the City could have a direct financial interest in a decision • See statute for exemptions Gifts to the City: Council Members can recommend acceptance of general gifts through the City’s donation policy. All gifts to the city must be accepted by City Council resolution. Logo Members shall not use the City’s name or logo for the purpose of endorsing any political candidate or business. Conflict of Interest Conflict of interest is when any member who has a “financial interest” in, or who may receive a financial benefit as a result of, any action or if there is potential for the appearance of conflict of interest. Questions about a potential conflict of interest shall be discussed with the City Manager. Contractual Conflict of interest: (MN Statute 471.87, with exceptions in MN Statutes 123B.195 and 471.88) A public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Non-contractual Conflict of interest: Non-contractual matters may include such things as Council decisions on zoning, local improvements, and the issuance of licenses. Although not generally prohibited by state law, an interested Council Member most likely should abstain from participating in the council discussion and from voting on these issues. Members who have a potential conflict of interest shall: • Disclose the conflict of interest to the group, and • Abstain from the Council discussion debate and vote Roles of Council, Staff and Commissions We are all part of a team committed to the residents of Edina both today and in the future. To be effective we must come to meetings with an open mind, think strategically about City issues and delegate details of implementations to staff. We will strive to maintain a culture of trust, respect and candor as a Council and when working with staff and Boards/Commissions. Page 5 of 17 4 City Council City Manager & Staff Advisory Boards, Commissions, Task Forces •Make policy-level decisions •Hire & supervise City Manager •Approve o Budget and related work plan o Ordinances and policy decisions o Development proposals o Variances and rezoning requests •Appoint representatives to advisory boards and commissions •Provide best efforts and technical advice to Council •Manage operations and staff •Propose budget and policies •Carry out Council decisions •Deliver services •Equitably enforce codes & policies •Provide community perspective •Propose work plan items •Advise the Council through Work Plan “Charges” •Hold hearings as directed by Council •Assist as directed in work plan with engagement efforts Respectful Behavior Members should STRIVE TO: •Treat people with courtesy, politeness, and kindness •Encourage others to express their opinions and ideas •Listen to what others have to say •Use the ideas of others to improve decisions and outcomes •Recognize and respect differences •Prepare for the issues at hand •Focus on the business of the body •Consider only legally germane information in decisions •Act as a decision maker, not an advocate Members should AVOID: •Speaking over or cutting off another individual’s comments •Insulting, disparaging, or putting down people or their ideas •Bullying other members by displaying a pattern of belittling, demeaning, judging or patronizing comments •Violence or the threat of violence will not be tolerated Working with Staff Members shall respect and adhere to the Council-Manager (Plan B) structure of Edina city government as outlined in MN Statute 412. This means: City Council does… City Council does not… •Hire, fire, and supervise City Manager •Set the strategic direction for the City •Consider and approve budget and related work plan, and monitor performance relative to those items •Consider and approve policy decisions •Consider and approve development proposals •Consider and approve variances and rezoning requests •Appoint citizens to citizen advisory boards and commissions •Approve and amend work plans and bylaws •Hire and fire staff •Direct the activities of staff, other than the City Manager •Individually direct the activities of boards, commissions or other resident groups •Individually approve policies, projects etc. •Individually commit City resources or staff to specific causes •Individually enforce policies, City Code, etc. •Individually speak or prepare official correspondence on behalf of the City unless authorized by the City Council. City Council CommissionsStaff Manage Operations, Advise Council (technical analysis & evaluation) & Implement Policy Advise Council (community needs & values) Decide Strategy Page 6 of 17 5 City Council Members promise City Staff they will: •Respect staff as valued resources and members of our team •Support the maintenance of a positive and constructive workplace environment for City employees where individual members, City staff and the public are free to express their ideas and work to their full potential •Provide direction to the City Manager as a body and not direct the work of individual staff •Encourage staff to focus on the big picture in reports •When possible, notify the City Manager in advance of a Council Meeting of questions or requests to pull agenda items from the consent agenda so the appropriate staff can compile the information needed •Agree that information they ask of the City Manager will be shared equally with all Council Members •Copy the City Manager on all communications with staff, including questions Working with Boards/Commissions As set forth in the Edina City Code Chapter 2 Article III, Edina’s Boards and Commissions are established by the City Council and serve as advisory to the council. Specific Board and Commission roles are: •Investigate matters within the scope of the Commission or as specifically directed by the council •Advise the Council by communicating the viewpoint or advice of the Commission •At the direction of the Council, hold hearings, receive evidence, conduct investigations, and, based on such hearings, evidence and investigations, make decisions and recommendations to the council City Council Members promise Boards and Commissions they will: •View Boards and Commissions as vitally important resources to support our decision-making •Communicate effectively with Boards and Commissions to ensure they have the tools to do their work •Give clear direction as a body and take adequate time to review the result of their deliberations •Because of the value of the independent advice of boards, commissions, and task forces to the public decision-making process, members of Council shall refrain from using their position to influence the deliberations or outcomes of board, commission, and task force proceedings •The expectation is that Council Members will not typically attend Board, Commission, Committee, Working Group or Task Force meetings. However, under special circumstances, if we attend a meeting: o We will do so only as an observer and prior to attending we will notify the appropriate staff liaison o Strive for good communication by reporting out to other Council Members Working with The Community Residents: City staff is the first call for help for residents. We will refer residents who have concerns to the City Manager. If a resident has contacted the City Manager but is still not satisfied, we will discuss with the City Manager. We acknowledge if a resident receives conflicting information from different City Council Members or staff that is difficult for the resident and could increase liability for the City. Businesses or other interests: The purpose of a City Council meeting is to discuss information needed to decide, review that information, and decide. It is not feasible to conduct all business in a public meeting. Particularly around development, business interests might ask a member to meet outside of the City Council meeting to facilitate idea generation about proposals. The City Council’s overarching principles for working the community are: •Never grant any special consideration, treatment, or advantage •Respect sensitivity of personal information Page 7 of 17 6 •Honor our rules regarding public testimony and clearly communicate the rules •Make ourselves available to all parties on an equal basis and not advocate for a certain point of view •Be cautious about how we participate in meetings or events and not prejudge the issue before the Council has had a chance to deliberate Meetings requested by residents or businesses: 1.AFTER DECISION: If we are invited to a meeting about an issue the Council has decided upon, we will explain how the Council arrived at the decision. 2.DURING DECISION: If we are invited to a meeting about an issue that will be before the Council in the future, we will uphold the above principles for working with the community, and: a.We will not make our decision about an issue before the city council until the process allows. b.We will be sensitive to the fact that we are not hearing everyone, and we will give equal consideration to all feedback regardless of the way it is received. 3.DURING SPECIFIED ENGAGEMENT PROCESS: If we meet with a resident during a planned engagement process, we will notify the resident that we are there to listen and encourage them to participate through the established process to engage. We will ensure that staff received the feedback provided to us. Intergovernmental Relations Members shall represent positions approved by the City Council to the best of their ability when working with: •Legislative bodies •Federal or state agencies •Other local governments, such as School Boards or Counties If an individual Council Member’s opinion differs from the City position, or a matter agreed upon by the full Council, Members shall explicitly state they do not represent their City Council or the City of Edina, nor will they allow the inference that they do. Page 8 of 17 Shakopee City Council January 7, 2025 11.b Agenda Item:2025 City Council Norms of Behavior Prepared by:Bill Reynolds, City Administrator Reviewed by: Action to be considered: Adoption. Motion Type: Adopt Background: The City of Shakopee has annually outlined the accepted city council norms of behavior since 2015. The following are the current Norms of Behavior for the operation of the City Council and its members. Upon review, no changes are recommended. Speak only for yourself, not on behalf of another councilmember unless specifically tasked by your colleagues to speak for the group. Don't question motives. Assume others have positive intentions even if you disagree. Always be respectful of one another, the public process, and of staff. Do not criticize staff or others in public. Aim for consensus but accept the decisions of the majority once it has been made. Stay focused on the role of an elected official - policy, prioritization and resident representation. Work through the city administrator and never through line staff. Do not attend staff meetings, trainings, or group functions unless specifically invited or scheduled through Administration. Do not loiter in work areas. Respect staff and the fact that they work for the City Council as a whole - not for you as an individual. Do not expect them to: engage in the fray (trade secrets, gossip or triangulation) make your individual case on issues (take sides), or be your "insider" (informant). Such activities by individual councilmembers undermines the leadership of the City Council, individual departments, and the organization as a whole. Councilmembers should come to meetings prepared and willing to take part in discussions with their ideas and viewpoints as part of the process to make the best decisions. this helps to build consensus and strengthen the City Council's actions as a body. 63 Page 9 of 17 Ground Rules 1.Assume positive intent 2.Seek to understand first (each person sees thru the lens of their experience) 3.Honor healthy and respectful conflict 4.Speak up and address issues, bringing solutions to the problem 5.Do what’s right for the community (share challenges so we can collectively identify a resolution) 6.Be fully present so we can do our best work 7.Use open, honest, direct communication (this includes full disclosure of boards relationships and other possible conflicts of interest) 8.Build and maintain trust (including confidentiality) 9.Collaborate and build relationships (no “we” or “they”) 10.Keep our sense of humor Page 10 of 17 This page is intentionally left blank 2.b City Council Work Session Memo MEETING DATE: April 15, 2025 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: City Advisory Commissions ACTION REQUEST: Review the City's advisory commissions to discuss their current relevance, effectiveness, and alignment with the City's strategic priorities. BACKGROUND: The City's Advisory Commissions include the Planning Commission, Parks and Recreation Commission, Natural Resources Commission and Airport Relations Commission. City commissions are defined in City Code Title 2. Each commission includes seven members who are appointed by the city council. Advisory commissions play an important role in supporting the City Council by offering recommendations, community input, and specialized expertise on a range of topics. As community needs evolve and priorities shift, it is important to periodically assess whether existing commissions continue to serve their intended purpose and whether adjustments are needed to their structure, scope, or focus areas. The council should consider the following in their discussion: •Purpose: Are the commissions addressing issues of ongoing relevance and importance? •Membership and engagement: Are commissions adequately staffed, and do they reflect the diversity and interests of the community? •Productivity and impact: Are the commissions generating meaningful recommendations and contributing to policy decisions? •Alignment: Do commission activities align with the City's strategic plan and current priorities? •Resource use: Are staff and financial resources being effectively allocated to support these commissions? Page 11 of 17 ATTACHMENTS: None Page 12 of 17 2.c City Council Work Session Memo MEETING DATE: April 15, 2025 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, Public Works Director SUBJECT: Acacia Boulevard Power Line Relocation ACTION REQUEST: Staff are seeking feedback from Council on options regarding the relocation of the overhead utilities along the north side of Acacia Boulevard. BACKGROUND: As part of the Capital Improvements to Oheyawahe, the task force has recommended that the overhead utilities be buried or relocated so that the site better portrays pre-European settlement aesthetics. Initial discussions with Xcel Energy estimated that burying the lines would cost around $400,000. The project budget was not able to support that cost. Staff then asked Xcel Energy for a cost to relocate the power lines to the south side of Acacia Boulevard but remain overhead. Xcel Energy responded that they would need a $10,000 deposit to develop a detailed cost estimate. The deposit would be applied towards the project if the city moved ahead. City Council approved the $10,000 deposit as part of the 2025 budget. Staff asked Xcel Energy to begin the detailed cost estimate for the relocation and were informed that Xcel would only consider one option, not both to analyze. After additional conversation with Xcel Energy, it was brought to the attention of the city that burying the lines along the north side of the street could be funded through a City Requested Facilities Surcharge (CRFS) program. The CRFS program is similar to the utility franchise fee which the city enacted in early 2024. Xcel Energy stated that a $400,000 project would be spread out over all subscribers in the city and would result in an estimated fee of $1.97 per household, per month for three years. The complete estimate is attached. In addition, Comcast/Xfinity is also co-located on the poles. Comcast/Xfinity has stated they would bury their communication lines and not seek reimbursement, which they estimate at around $150,000. Staff are asking for direction from the Council before responding to Xcel Energy. Page 13 of 17 ATTACHMENTS: 1.MendotaHeightsCRFS Page 14 of 17 Northern States Power Company, a Minnesota Corporation City Requested Special Facilities Surcharge (CRFS) City of Mendota Heights 400,000 Customer Class Customers Surcharge(1)Months Recovery Residential 5,064 $1.93 36 $348,969 Res Low Income 41 $1.00 36 $1,464 Small C&I ND 397 $1.93 36 $27,358 Small C&I 205 $5.79 36 $42,381 Large C&I 74 $7.72 36 $20,398 Street Lighting 29 $1.93 36 $1,998 Sm Mun Pump ND 2 $1.93 36 $138 Small Mun Pump 1 $5.79 36 $207 Large Mun Pump 0 $7.72 36 $0 Total 5,813 $442,913 Total Carrying Charges included in recovery amount(2)$42,912 Allowable Class Surcharge Levels per Month Under CRSF Tariff Residential:$0.25 up to $5.00 Low Income Residential:$0.25 up to $1.00 Small C&I Non-Dmd:$0.25 up to $5.00 Small C&I - Demand:3 Times Residential Amount Large C&I - Demand:4 Times Residential Amount (1)Adjustment possible in final months of recovery period for more precise cost recovery. (2) Excess Expenditures = Monthly carrying charge of 0.7138% applies to outstanding balance, equal to compounded rate based on 6.95% overall rate of return from the last general rate case (2022 of MYRP) and 1.96% tax factor. Page 15 of 17 2.d City Council Work Session Memo MEETING DATE: April 15, 2025 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, Public Works Director SUBJECT: Sibley Memorial Highway Turnback ACTION REQUEST: Staff are seeking confirmation from Council on options regarding MnDOT’s rehabilitation and turnback efforts of Sibley Memorial Highway BACKGROUND: During the April 6, 2021, City Council meeting, staff received direction to work with the Minnesota Department of Transportation (MnDOT) to rehabilitate the pavement along Sibley Memorial Highway in preparation for the roadway's turnback to the City. At that time, multiple options were discussed, and it was decided to proceed with a Mill & Overlay (M&O) treatment and the installation of ribbon curb along the rural sections of the roadway. Staff have since communicated this direction to MnDOT, who provided 30% design plans. These plans include a Mill & Overlay approach and ribbon curb installation to improve drainage. Specifically, the proposed rehabilitation in the rural section calls for milling off the top 2” of pavement and resurfacing with 4” of new pavement, effectively increasing the pavement depth. Upon reviewing MnDOT’s 30% plans, staff identified concerns with the existing pavement thickness and the long-term implications of adding more pavement. In particular, staff are concerned about the future cost burden to the City when further rehabilitation is needed. In follow-up discussions, MnDOT indicated that the proposed improvements would extend the pavement life by approximately 12–15 years. At that point, a Full Depth Reclamation (FDR) is likely to be needed due to the pavement’s condition. However, because of the existing pavement depth and the additional thickness added through the current proposed M&O plan, staff believe that significant pavement removal will be required before any FDR can occur. This would increase project costs and could tie up the City’s Municipal State Aid (MSA) funds over multiple years to fund the improvements. Staff are requesting Council input to confirm the preferred design approach for Sibley Memorial Highway as part of the turnback process from MnDOT to the City. Page 16 of 17 ATTACHMENTS: None Page 17 of 17