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Long Lake City Council Meeting - 5/6/2025

Long Lake City CouncilWednesday, May 7, 2025
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And I was thinking I just endorsed John Schwingler for oral counsel and am I not allowed to do that or is there anything on code of conduct against that? I didn't think so either. But when I thought when I heard you say I said oh no I just literally sent it to him like 15 minutes ago. No cuz I was thinking he he had kind of asked me to Yeah. He's a good friend of mine. So you know we've endorsed candidates running for um you know party affiliated candidates in the past. I watched the debate. You seem kind of like a rational person. Hey, we're on um so we're going to get started. Okay, I'll bring to order the um May 6th meeting of the Long Lake City Council. And um all council members are present. Uh Mayor Miner is absent with prior notice. And so we'll start with the pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. [Music] All right. Um, next we'll I've just got a couple of mayor comments. from um Mayor Miner. Um the first was the uh we had a a really good day for the pancake breakfast last Sunday and I I was there early. I had to leave around 9:00. So um but it seemed like things were cooking pretty good then. And uh and I wanted to say thank you to uh Chief Highland and all the firefighters that um that uh helped put that on and all the other volunteers as well. Uh I don't know if you guys all made it, but uh but it was a great day for it. Todd and I brother. Yep. Got to sit together. Got our Got our pancakes. All right. Yeah. So, thank you. Do you know what the numbers were? No, I didn't. Uh, Scott, did you get anything on that? Mike had an estimate of maybe a thousand people, which was a little lighter than last year's. Okay. So, but he didn't have hard numbers, but we estimated. Seems like it was a little later than last year, too. And it was in 80°. Yeah. Yeah. First nights, right? Okay. Well, again, thank you uh to all who participated in that. And uh and then the second thing I just wanted to mention is that this Thursday uh which is May um 8th uh at 700 p.m. at Trinity Lutheran Church, we're going to have a joint fire services open forum. And this will be a a joint uh meeting um with Orno and Long Lake uh to kind of go over what um we have been discussing for the past several months uh with the negotiating teams between the two cities and um um you know we had now have agreed to the first this first amendment and that's been signed and so there's a transition period and then what we're working towards come January of 2026. So um please come to that if you're interested. Uh you can uh there will be opportunity for question and answer and comments as well. Uh but we'll we'll give a a presentation of the um the thought process that has gone into it so far. But then we'll be looking for input from from the community as well. And that is history. So that's what it's noticed. Correct. It should be noticed. And will that be taped? Um I think LMC might have been LMC will be there. Yeah. And it's Trinity Lutheran Church this time. I know in the past we've um done it at a different location or at least along Lake Copen Houses, but this one will be at Trinity um up on uh County Road 6 at 7 p.m. Um that's the that's all I had for mayor comments. Uh so we'll start go to agenda item number four and that is to approve the agenda. I'll make a motion to approve tonight's agenda. Go ahead. Second. I have a motion and a second. Uh, any further comments? All in favor say I. I. I. That passes 40. Item five, consent agenda. Um, you see what items are on there. I'll take a motion to approve that. I can make a motion to approve tonight's consent agenda. I'll second. Okay, we have a motion, a second. Any further discussion? All in favor say I. I. That passes 4. Uh, then we have open correspondence. Open correspondence is an item on the agenda agenda during which the public may address the city council. Um, I expect that we don't have anybody in the audience. Uh, do you have any email, Scott? Uh, nope, not today. Okay, then we will move on to regular business item number seven. And the first is to award contract for the Lindlewood Lane 2025 street improvement project. Scott, are you gonna kick this off? Um, actually, I'll just kind of turn it right over to Jeff from Disb. Um, he if you wanted to introduce yourself. Okay, of course. Thank you. Uh, my name is Rachel Shai. I'm the project engineer at WSB that worked on this project. Um, so yeah, we're just bringing it to be awarded to the contractor. It was Aztec Corp. So, so yeah, we did get good bids. They were lower than we had estimated. I want to say it was like 8% lower. I know we have more details um in kind of our letter of recommendation and everything, but And you got had a bid range almost difference like over $60,000. Yeah. Yeah, we got a lot of good competitive bids. I think they're eight or nine biders with a good good range of prices. So, have we worked with Aztec before? Are they new? I don't know historically in Long Lake, but I know in other communities that WSB serves and we have a good relationship with them. Are they local? They started work in miniaturista yesterday on the project there. Okay. I believe they're out of St. Cloud, but Okay. Why can they bid so low? I don't know. They They know something that we don't. Okay. Um I was looking for the range of bids here from Theirs was 206,000 and page 32. Uh Oh, okay. There I see it. Yeah. Right. So, they were the lowest of eight biders. Mhm. And didn't when did we determine start and completion date cuz I did we put parameters on that? Yeah, we have um in June after school is out. Yeah. For So what's the duration? Uh anticipated a substantial completion in August and final in September, believe. Yeah. Okay. Trying to wrap it up before then school starts again in the fall. Great. Shh. Don't even talk. And and then with that being said, there's going to be a continuous workflow, right? They're not going to leave for a period of time and come back. No. Okay. because I remember one of our last projects they left for like two, three weeks and came back and it took all summer. So, I'm just more worried about um um after school, great, but maybe I know there's some people that are worried about um traffic for graduations and having parties in that area and stuff like that. So, maybe we just have to do a little bit of shift work when the time comes with them today. Perfect. As soon as we know the schedule, the start date, which will be after school, we'll communicate with with them immediately so they can and so they they know what to expect. Um, as far as the You're we're we're not catching on the mic. So, if you're going to talk, why don't you step up? I'm sorry. We've communicated uh regarding the graduation party um on Linda Wood uh with with the property owners several times. Uh we've not we had don't have a pre-construction conference scheduled yet. That's where we'll find out what the contractor is thinking about when they want to start. They're going to try to fit this in amongst their other jobs. So it may not be right away. It might stretch a little bit. They've got that window that they need to have everything done. Uh and we're anticipating 6 to 8 weeks. In regards to the continuous flow, we have to be aware that if it rains on 3 in on Tuesday, that's going to delay things all the way down the line. So the subs that were supposed to come in on Wednesday and Thursday are now into next week. Sod and landscaping are the worst. Sure. So I mean there's we do the best that we can and try to keep the contractors going on a steady pace. Sometimes it's things that are out of our control. Understand? So there will be messaging to the residents and they know about this um starting it sounds like you've already reached out to residents in terms of coordinating graduation parties. That's correct. Okay. Yeah. So when we know more others will know more. As of right now, we didn't even have a nothing approved yet. So, well, I can make a motion to I don't know if you have it all scripted. Motion to adopt resolution number 202510 awarding the construction contract for the Linda Wood Lane 2025 street improvement project to Asphalt Service Technologies Corporation and authorizing the mayor and city administrator to enter into the contract for said services. Second. And and just as a reminder, this is this a mill and overlay or is this uh more than that? A complete reconstruct reconstruction or uh yeah, it's a full depth reclaim. So, we'll be removing all the pavement, stripping it off, and paving back in place. Okay. And utilities, uh some minor storm work. We'll be adding a few catch basins along with some curb in that area at the low point. So our sewer lines and uh water there is no there's no public utilities in the road. Okay. Goes through actually goes through the back goes through the backyard and goes down. Yeah. Any any like gate valves or sanitary structures in the roadway will just be adjusted for the pavement work but no additional work for that. Okay. By the way, if Midco is going to be putting in fiber optic, does that impact like streets and things like that or do they how do they where do they put that in? I guess I don't know. That that's in the boulevard so it wouldn't impact our streets. Yeah. Okay. All right. Uh any further discussion? We have a a motion and a second. All in favor say I. I. I. That passes 40. And this is fully funded. Scott, we out of which fund? uh payment management plan or payment management. Yep. Good. Thank you. Y thank you. Okay. Then we will move on to item number seven in our record-breaking uh short council meeting. Um and well I guess I guess I say that now. Yeah. Hey, real quick. Just a question on this last one. Do we ever like when we make bids like that, is there ever contingency? Somebody said if they go over, what happens if like we have a contractor that keeps going over and is delinquent in some way, shape or form, are there repercussions for that or more often than not, depending on like say timelines and stuff, there's actually payback. So they start paying you for every day they're late. So when you start you put that part in your contract, more often not you don't see that. But you know, you got to be somewhat flexible due to weather too. But you keep watching that and that's and the reason they you know ultimately they'll think yes they were the lowest bid but you also need to know the company so you can actually say they're the lowest responsible bidder and that's where you can have sometimes you may have to pay up for maybe the second bid because the first one was maybe way too low for a reason and or maybe it's a company that has you know not very good standings for that that kind of reason. Is that a process? Is that something that we go through as a council or staff does all that? Staff does that. Okay. All right. Okay. Yeah. So, we've already did all we went for advertisement. We did all the bid opening. Went through the whole process that you're supposed to for the request. So, but they um WSB said they have worked with this uh contractor before and doing local work. Yeah. I was just curious if all of a sudden you found yourself, does that have to be in the contract that some wording that if you're over so much it will be so much per day or I I just Yeah. More often than not, you're you the engineering is going through if you saw they t they put in contingencies saying okay maybe if we went off quantity so we add another 10% on quantity engineering fees add 10% cuz we might be off like so they kind of build that in their estimate but at the same time is you hope your change orders are never going to be completely way above your engineering cuz your engineering then may need to find a new position we may need to find a better engineer you know so it kind of goes hand in hand they want to be accurate as close and then the expectation of what's happening is you know kind and guided by their pre-plans, you know. So, okay. Um, thank you. I just Yeah. Okay. We'll move on to item uh letter B under regular business, and that's the adoption of the code of conduct policy for city council and city advisory boards. Scott, uh, thanks, uh, chairman. Um so if you remember on April 15th uh Janette presented the code of conducts for the city council after discussion um it was um thought that we should actually extend this out to even all the other city advisory boards. So this is more of a uniform um code across all parts of the city related to any um boards andor governance. And so with that being said, um it was provided back to our city attorney with the suggestions that the city council made. um kind of even talking about um the enforcement and or how it was written on um some things that are uh what do you want to say legally challenging or kind of how you were talking how one's a criminal some you know yeah conflicts of interest you can get in trouble state statutes I'm assuming open meeting law and he did all the edits to make sure everything was on par for what the city council was looking for so um actually city staff didn't even have to redo the the draft um the city attorney did do that for us. So he included all of his edits and took the advice from watching the meeting and what we were able to provide back to him. So this is the final draft that has been completed by uh staff and legal counsel. So um I guess with that for for I just have a couple you know just questions because you know the open meeting laws um you're going to get in trouble if you don't follow those. if you take um you gain something from your position or use it to um to financially gain. But um some of them seem a little subjective. Uh what was it? Um forget kind of fair treat employees. Um used city use of the city logo. It seems um you can't do that. Obviously you have other legal consequences if you do that. Um use of public property but uh in terms of some of the subjective is um kind of misbehavior arguably misbehavior uh I guess what I saying uh in the fair treatment of people what what's fair. So, one of my concerns was I I can't find it exactly in here, but they were more subjective and you have um the city may hold a hearing within 90 days of a written complaint. Um and the the member will have an opportunity to be heard, but if there a if after the hearing the city council finds a violation of law or standard, it's the standard that I'm worried about has occurred, then they may censor the member. That's fine. but refer the member for criminal prosecution, direct the member not to participate in a decision or other action as deemed appropriate. Well, what's that other action? And what's my concern is is there a way because that this could be used if um for let's say politicking. Uh if you don't agree with somebody and you want to uh you say that they have uh violated this subjective code um my concern is is there an appeal process or is the council final the council's decision final and what is the other action as deemed appropriate because some of this is kind of subjective except for like the open meeting laws and you can't take um bribes. That's pretty cool. Um so is there an app is there an appeal process because this goes to some of these um code of conducts go to um decorum a little bit and when it's decorum that can be subjective. Um the way that the way that I kind of interpret this too is is almost the same as if this was an employee of the city. Um you know if there was a written violation, you know, city administrator and the legal council follows up on the complaint, follows up on um does the interviewing processes all those other things and then at the end of the day the city attorney and the city admin presents findings. Right. Yeah. Um to me it's almost the same process. Um I think there needs to if there's if there's findings based and who I guess that goes back to who interprets the code, right? If it's, you know, like if it's city city attorney and city administrator looking at like, well, I can see how this could be interpreted this way, then you provide, you know, provide this findings and then maybe the council then goes back to what process do they do they agree is is there a majority vote in my opinion then for that for that but what's the appeal part right so what it's it's the decorum stuff um because you could the city could say, you know, I think he has a conflict of interest. We don't want him uh he or she kind of participating in this vote. That seems kind of reasonable, but even that would require an appeal process because that's uh a decision. But more of like uh members shall not cause city employees to suffer recrimination, abuse, or humiliation. Well, those are all very subjective, right? And what happens if somebody politically has a different position and um I could you you could see this being a way to abuse and I'm just saying other councils it could have been a way to abuse um and I'm thinking one close by. Um, is there general disparagement language for that last bit that that would be better or I don't know or or like what's the process for appeal? Um, like is this final and what kind of authority does the city have? And this may be part maybe Tames can answer that. I mean, you can't limit a city council member too much. I mean, uh, nobody wants to get in trouble for, uh, if they're conflicted out to to do that. That that would be people kind of want to air on the side of caution, but as you said, the decorum issues, what's the appeal process if you don't agree with the city council and what actions can they take? Are there actions as they deem appropriate? I mean, censor, deem appropriate, remove them from the council. What's the appeal process? So, I would just like it cuz um a lot of these have um statutories statuto limits. That one's pretty easy to figure out, but it's the subjective ones that you're talking about. It's it's really the subjective ones. I mean, it hasn't been an issue, but it's No, but it's good to think about it ahead of time. You know, it's So, you'd like to see some language in there for an appeal? Yeah. Like just um what would be like and I I think uh just asking uh John how what that mechanism is. I mean, yeah, because it might be part of a state statute thing, right? I think it is. I I don't know that needs to be in here, but I think anybody would have the opportunity to appeal. Okay. Right. I mean I would think you know I would ask John just because what authority does the city council have? It's not statutory for decorum. Um is there appeal process for decorum particularly if it's some sort of right that um you're a bridging maybe there is appeal process I don't know just if that could be a quick question for yeah maybe f what does it look like? Yeah. What does it look like? Be just is it is it specifically to the censuring the member language or um directing the member not to participate in a decision or other action? I see I mean it doesn't say uh removal from the council on here specifically, does it? cuz I think that removal of a council is a way way different process I believe just because they were elected. So I think removal I think reelect like stat removal removal is very difficult statutory probably comes in so this is this is this is just trying to keep under under control that's more than anything and and would you yeah would you even appeal that I mean if you're saying well you know like um directing the member not to participate in a decision you know is that I mean you can advise them not to be but in and so so going back to your example would be if they were found with um what was the one a conflict of interest right you guys making a make a submit a complaint saying you believe there's a there's a a violation right staff city administrator city attorney yep determines there is one then you say okay the following as you're not able to participate in this decision. You know, I think that's the process there, but that would go back to how do you appeal that then if you chose but again the con the statute probably shows that one. So that one's not behavioral, but that one's process. It's a subjective decorum sort of like but but yeah, but then there's also the gifts. Um remove them from a meeting would be an action. You just essent essentially you would say that they not allowed to vote on that one item because there is a conflict of interest that had been found. All right. So, what if what if somebody took cuz you don't want to get in trouble, right? On the gifts and donations section, you know, when I started on the council, I I remember they said, you know, if you if you're invited over to somebody's house cuz they want to show you, you know, some uh something, you know, that the city has to take care of in their yard or something that don't even accept that plate of cook because, you know, just to kind of Yeah. But but uh you know what if there is more going on and somebody takes a gift of substantial value? Um I mean is that what level does that reach in terms of conflict of interest and and actions or penalties for that? Is that more of a um state statute? I think we've switched from code of conduct to an actual legal state. They've already thought that one out for Well, it says so that in the last paragraph it says refer the matter for criminal prosecution, I guess, would be Yeah, that just that's kind of wrapped up there. Yeah, because that one has statute limits on there, too. Statutes. Yeah, that's I don't know. Some are better than others. It's just I was looking for like if you criminal prosecution there's a due process there's an appeal process and I was just wondering how that comes in here where it's a decorum issue and the deemed appropriate is they have to miss some city council meetings and what what's the appeal process for that I mean yeah I mean I mean it's so rare that it's going to oh it's just cur curious to know just uh I don't know when things get contentious I see It's not always going to be smooth. Well, hopefully it is, but we Yeah. But then again, the policy is created at the discretion of the city council is subject to change or termination at any time. So, but I think your point is we're going into establishing this in good faith. We have it. Let's figure it out right now. Yeah. Yeah. just like and we could establish it and then um add something at the next meeting in terms of like what what's if you don't agree with the decision of the city council, what is your recourse? Well, could we pass this tonight and ask that question of John Thames? if it's something we do need to add to it, then add it or or should we hold off on on deciding that or because I I think that process is is written somewhere but not in the actual code of conduct. But um I'm just trying to figure how you could make a motion contingent of language or added fore process or not necessarily it's not necessarily language added. It's really just clarification of a question that she has. Right. What what would be the consequences? What other consequences? Because I think there might be something if there if you were publicly um reprimanded, there may be some deep recourse that's in a state statute or something. Yeah. So then I mean maybe if that's if it's if it if everybody's okay with this passing it tonight and then having the followup and have it in an email form back to I can copy all the council members back and so you can maybe even add some more detail and questions you may want to understand back and forth a little bit with John and then we just bring it to modify it at the next meeting. You could if we even have to. Yeah. Yeah. Okay. And you know, why don't we just table it till the next meeting and see if anything needs to be addressed. I know I should have kind of um I think we talked about other things and I I just don't want the as I said the decorum thing seems somewhat subjective in terms of um what qualifies. How else would you How else would you hurt feelings like Yeah. Yeah. Yeah. Well, I know there's subjectivity in here, but I don't know how else you would state that when you talk about decorum in the decorum. I think they it's stated. Okay. It's sort of like if um violations and you can you have a written hearing and a complaint and actions is deemed necessary and where's the like if you disagree with it what am I what is your recourse? What are your options after the fact? Yeah. Well, it says the member accused must have the opportunity to be heard at a hearing. So the hearing or does exist city council can take those actions. So it doesn't happen without a hearing, but the hearing is local to the people that Yeah. It's actually just probably right here. And it's not like a different body like it's a nonbiased. Oh, right. Yeah. I mean, dear dear revotes against the four of us on something and we're upset and then we can make a claim. Hey, your item number, you know, C, you violated that and then your appeal comes back to the people who now Yeah, that's that's yeah, that that doesn't feel appropriate and I you know, it's mostly I don't know kind of looked you know I understand you don't want to I always say it was in my opinion but fair treatment uh working never these are very aspirational and good to keep in mind. [Music] Um conduct of meetings and whether Yeah. as you said and it could be a very different u council. Mhm. So and this goes down too to our advisory committees as well. So yeah, I mean I mean not not to belittle them in any way, shape, or form, but you know, if there's some, you know, some representation of the city that maybe shouldn't have occurred because it states that in here, you know, could we could we then Yeah. Well, it usually comes from a complaint. Um, yeah, it' be filed with from a written complaint that's received by the city administrator or upon the council's own valition. Okay. Yeah. Okay. So the old C council could say, "Hey, we need to do something about Mr. or Mrs. X at in the whatever committee. We made the complaint and um we we decide the complaint." Yeah. Yeah. I mean you in some of the uh committees maybe some people don't um aren't fully you know read into how um city commissions work and and maybe they um they might do something that technically violates this without their realizing it and then and then it's just it might just be a matter of of I mean it may be unintentional. Right. Right. in which case there's not a violation. It's just an educational opportunity. Yeah. It's training or education and um so we just need to make sure that that all of that them see this then as well. Right. So, right. And that's kind of why I think it's starting here and then once the council likes it all, it's going to just get handed out to everybody. But maybe you're maybe just tableabling like you're saying and and for ver, you know, verification, maybe something needs to be added. Maybe it's just more of an understanding what happens so we all know. Well, so it's so so yeah, everything else we're okay with. I I really I is the only thing we're hung up on is some recourse process. Yeah. If somebody disagrees with the suggest, you know, because it is it's us if we said you did it and they said I want to appeal and we said, well, we still say you did it. Yeah. You know, then and it would come out as if it was a contentious right item. All right. You okay with that, Scott? That we table this for So yeah, look for a simple I still will need a motion, but I think it's worth just so everybody's okay with the final document. Yeah, cuz I thought it was good. I mean, it was shorter than It seemed like it was shorter than the last one. I didn't compare them, but I know that they tried making it very compact and reasonable. So I thought it was good. Dear, do you want to do you want to make a motion to table it with the question that you would like to have answered? Okay. I would like to make a motion or I make a motion to table um adoption of the code of conduct policy for the city council and city advisory boards uh to uh review uh the compliance and enforcement uh section of the code uh with respect to uh any sort of appeal or review process beyond the city council. Um, so, uh, I think that's it. Okay, I'll second that. A motion and a second. Any further disc? All in favor say I. I. That passes 40. So, we'll table that. Hopefully, uh, to to come back uh, next. Yeah, council. It shouldn't be an issue. It just it's good to have it defined so everybody that's approving it has a good good idea that you'll send that question to our attorney. Yep. I'll do it in the morning. Okay. Thanks, Scott. Thank you. Thanks for bringing that up, Dearra. It's good to cover all the bases because like you say now, you know, I in my 10 years on the council, I don't know that we've ever had a code of conduct issue. No. And but we don't want to either. No, I know. But but but even though it's rare, um when it if it ever does come up, you want to have a clear code to uh to navigate uh through that. And every city rates them differently. I've noticed that um Orno had it before their council just recently. I didn't look at it. I didn't have a chance to look at theirs either, but yeah, they're there. A lot of communities around here are doing it just to be get everything on the up and up. So, okay. Uh then we'll move on to item number eight, other business, and we'll go around the horn starting at the end. Uh nothing. Uh uh went to the pancake breakfast, met a lot of nice people. It was really wellrun like it every year that I've attended. Fire department did an excellent job. Glad it's summer. So Mike, I'm good. Thank you. Um I wish I could attend the uh forum this Thursday. Uh but I have a LM LMC meeting this Thursday. It's a full commission meeting. So, um I will have to forgo the forum, but I will watch it on video. Are there any hot topics on their agenda? There are. Um I think they're looking at um kind of the transition to the future. Okay. So, I will have some I suspect I'll have something to report back at the next council meeting. Okay. We look forward to that. Thanks, Scott. Um nothing right now. All right. Um, just to add on to uh the pancake breakfast, it was it was good to see uh some Orno equipment and firefighters there perhaps. I don't know that I specifically I saw the equipment there anyway. So, uh kind of a nod to the uh joint uh collaboration that we're going to be uh working towards here in the next 8 months as we as I said as we transition to a uh a new future for u the the combined uh fire departments. So again, Thursday night at Trinity Lutheran Church, there'll be an open house to um to share that with everyone and to uh take questions and comments about that. So we look forward to seeing um as many as we can out there. And uh if there's nothing more uh and then uh if there's no objection, I'll adjourn by general consent. Hearing none, meeting adjourned at 7:06. Thank you. Did you hear that?