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HomeMy WebLinkAboutCity Council Packet 10-2-2012 THE CITY OF LAKE ELMO Our Mission is to Provide Quality ualit Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character NOMCE OF MEETING City of Lake Elmo Laverne3800 r City Council Meeting Tuesdayr October 2., . AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. ORDER OF BUSINESS/GROUNDRULES F. ACCEPT MINUTES 1) Accept September 11, 2012 City Council Minutes 2) Accept September 1 , 2012 City Council Minutes G. PUBLIC COMMENTS/INQUIRIES H. PRESENTATIONS a) Utility Infrastructure Financial Plan ® Tammy Omdahl b) Quality Star Recognition - 3aycees c) Quality Star Recognition - Rock Point Church I. CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 3) Approve Payment of Disbursements and Payroll 4) Resolution 2012-49 Designating Data Practice Officials and Approving City's Data Practices Policy 5) Resolution 2012-50 Approving Tax Forfeited Parcels for Public Auction 6) 2012 Seal Coat Project — Pay Request No. 1 (Final) 7) 194 Corridor East Gravity Sewer — Approve Engineering Services to Prepare Revised Easement Exhibit 8) Resolution 2012-51 Approving Delinquent Storm Water Assessments 9) Resolution 2012-48 Approving Joint Powers Agreement for Building Services Pool 10) Demontreville Park Purchase of Benches and Foul Line Fence J. REGULAR AGENDA 11) Keats Avenue North MSA Street and Trunk Watermain Improvement Public Hearing and Resolution 2012-42 Ordering Improvements and Preparation of Plans and Specifications 12) Approve Ordinance 2012-63 Amending City Code Section 150.250 Pertaining to Shoreland Standards K. NEW BUSINESS Discussion Only Item: Sale of Interim Library/Art Center Building L. SUMMARY REPORTS AND ANNOUNCEMENTS • Mayor and Council • Administrator ® City Attorney • City Engineer ® Planning Director ® Finance Director M. Adjourn to Closed Session per MN State Statute 13D.05 Subd. 3(b) Attorney-Client Privilege regarding the Detachment Appeal N. CLOSED SESSZON: DETACHMENT APPEAL O. Adjourn LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1 , 212 CITY OF LAKE ELMO CITY COUNCIL SPECIAL MEETING MINUTES SEPTEMBER 11, 2012 Mayor Johnston called the meeting to order at 7:00 P.M. PRESENT: Mayor Johnston, Council Members Emmons, and Pearson [Council Member Smith arrived at 7:31 P.M.] Also Present: City Administrator Zuleger, City Attorney Snyder, Finance Director Bendel, Planning Director Klatt, and City Clerk Thone. ITEM 13: City Administrator Zuleger provided an administrative overview of the proposed 2013 Budget. A small discussion was had to remind everyone of the possible need to add or include additional funds for traffic issues. Several other points were highlighted, including the elimination of the use of the internal service funds for backfilling shortfalls, the inclusion of contingency funds, and the proposed paying down of debt to maintain a high bond rating. Mr. Zuleger noted that the staff attempted to provide a true operating cost budget. The proposed budget increases the Levy $50,342. ITEM C: GENERAL OPERATING ACCOUNT REVIEW Finance Director Bendel informed the Council the City anticipates about $3,000,000 in gross revenue which is a little less than in the past due to a reduction in grant money and other anticipated revenue reductions. There is an anticipation of increased permit revenue coming in. The 2012 budget was $2,900,000. The city came in at $2,950,000. The overage was primarily due to the transfers coming in higher because of paying down the $200,000 in debt. The 2013 figures are increased by about$100,000 mostly due to staff additions. Council Member Pearson and the mayor asked for clarification on the increase in the Fire Department budget. Finance Director Bendel explained that those funds had historically been in the CIP fund and are now in the operating budget, City Administrator Zuleger explained the policy change for the Council. ITEM D: ENTERPRISE/UTILITY ACCOUNT REVIEW Finance Director Bendel noted that the funds are cash-flowing, which is vital for future planning.At the end of 2011 the enterprise fund had $839,000. The staff is projecting $971,000 in the 2013 budget available for future infrastructure development. City Administrator Zuleger also explained that this year the staff did not allocate a significant portion of surface water revenue to fund the Finance Department. The realigned expenditures correct past misallocations. Council Member Emmons sought clarification regarding the status and funding of the Water Fund. Mr. Zuleger clarified that the Water Fund is cash-flowing for the day-to-day operations, but the looming debt service needs to be addressed. Page 1 of 3 LAKE EL MO CITY COUNCIL MINUTES SEPTEMBER 11, 2012 ITEM E. SPECIAL ACCOUNTS REVIEW Finance Director Bendel explained that this section is actually the Internal Service funds. The recommendation is to expend the funds currently available,but to not transfer any additional funds into that account. The "Radio Replacement Fund" currently has about $72,000. All proposed expenditures will be brought to the Council separately. One item that is needed is a new large format printer for the Planning Department. The"IT Fund" currently sits at about$24,000. One expected expenditure will be required upgrading of staff computers. The "Furniture, Fixtures, & Equipment Fund"were mostly expended performing the renovations to city hall. A discussion was had with council members, and City Administrator Zuleger explained all large expenditures not laid out in the budget will be brought to the Council for approval instead of using the Internal Service Funds. The difference in the CIP Fund process was distinguished from the standard expenditure submission to the council. [Council Member smith arrived at 731 P.M.] ITEM F: 2013-2015 CIP REVIEW Finance Director Bendel and City Administrator Zuleger explained this was a preliminary draft pro forma. Some work items are still outstanding regarding the pro forma. It was noted that it does not include any revenue from 3M litigation. Finance Director Bendel noted that the CIP will not impact the 2013 Budget Levy. It will impact the 2014 Levy and forward. In response to Council Member Emmons inquiry about the CIP numbers being placeholders until more specific information is brought back to Council, City Administrator Zuleger advised that the Levy motion should include language regarding the pending issues. Mr. Zuleger also pointed out that the council needs to re-hear and re-vote on the Keats Avenue Trunk Water Main. If it did not pass, it would affect the Inwood Avenue Trunk Water Main and booster station and require a redesign, which would have an impact on the figures. Also, there is additional sewer work that needs more investigation in the Legion Avenue/Lake Elmo Avenue area that may affect the calculations. Lastly, it was reiterated that the need for additional fire apparatus will have an impact as well, Mayor Johnston raised the issue of traffic safety enforcement. City Administrator Zuleger explained the estimated cost of$70,000-80,000, but noted that further information is still needed, including the enforcement report of the pilot program and discussion with Washington County Sheriffs Office. Council Member Smith expressed her wish to refrain from traffic enforcement discussions at this time. Page 2 of 3 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 11, 2012 A discussion was had between council and staff regarding once the levy is set, it can be reduced, but it cannot be increased. The need for additional staff was discussed. All members agreed that more information regarding the traffic issue is needed before a final decision on funding a solution can made. ITEM G:PUBLIC COMMENTS/INQUIRIES: No public comments. ITEM H:ADOPTION OF PROPOSED LEVY MOTION., COUNCIL MEMBER SMITH MOVED TO ADOPT THE RECOMMENDED BUDGET LEVY OF $3,163,359 REFLECTING AN INCREASE $50,342. MOTION SECONDED BY COUNCIL MEMBER PEARSON. MAYOR JOHNSTON MOVED TO AMEND THE MOTION BY ADDING AN ADDITIONAL $70,000 PLACEHOLDER FOR TRAFFIC ENFORCEMENT OR ANY OTHER NEED WITH THE OPTION TO REMOVE IT. MOTION SECONDED BY COUNCIL MEMBER PEARSON.MOTION CARRIED 4-0. AMENDED MOTION: ADOPT THE AMENDED BUDGET LEVY OF $3,233,359, REFLECTING AN INCREASE$120,342.MOTION CARRIED 4-0. ITEM 1: DESIGNATION OF DATE AND TIME OF PUBLIC HEARING The staff recommends the date and time of December 4, 2012, during the regular City Council meeting at 7:00 P.M.for the 2013 budget public hearing. MOTION: COUNCIL MEMBER SMITH MOVED TO DESIGNATE THE DATE AND TIME OF THE 2013 BUDGET PUBLIC HEARING AS DECEMBER 4, 2012 AT 7:00 P.M. MOTION SECONDED BY MAYOR JOHNSTON. MOTION CARRIED 4-0. Council members held a very brief discussion regarding the future of the Arts Center. It was agreed upon that that item would be placed on an agenda in the near future. ADJOURN-The meeting adjourned at 8:15 P.M. LAKE ELMO CITY COUNCIL Dean A.Johnston,Mayor Sandie Thone, City Clerk Page 3 of 3 LAKE EL MO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 CITY OF LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 Mayor Johnston called the meeting to order at 7:00 P.M. PRESENT: Mayor Johnston, Council Members, Smith, Pearson [Council Member Emmons arrived at 7:03 P.M.; Council Member Park arrived at 7:15 P.M.] Also Present: City Administrator Zuleger, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Planning Director Klatt and City Clerk Thone. APPROVAL OF AGENDA MOTION: Council Member Pearson moved to approve the September 18, 2012 City Council Agenda as presented, Council Member Smith seconded the motion. Motion passed 3-0. Council Member Emmons arrived at 7:03 P.M. ACCEPTED MINUTES ITEM 1: THE SEPTEMBER 4, 2012 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED (PAGES 3, 6 AND 6)BY CONSENSUS OF THE, CITY COUNCIL. PUBLIC COMMENTS/INQUIRIES: Charlie Stockwell, representing the Minnesota Boat Club, announced that his organization along with the Minneapolis Rowing Club and several other Twin Cities rowing clubs will be submitting a proposal for a rowing competition on Lake Elmo to be held on August 3 and 4, 2013. The group is seeking support of residents living on the lake; if they receive unanimous support they will bring forth a formal request for approval for the event. Past similar events were held in 1976 and 2009. The group is working with the Lake Elmo Park Reserve, Washington County, and the local Lake Elmo business community. PRESENTATIONS. No presentations. CONSENT AGENDA 2. Accept Financial Report dated August 31, 2012 3. Accept Building Permit Report dated August 31, 2012 4. Approve Payment of Disbursements and Payroll of$254,454.60 S. 2012 Crack Seal Project- Receive Contractor Quotes and Award Contract 6, 2012 Street and Water Quality Improvements - Pay Request No. 1 7. Approve Resolution 2012-44 to Set Hearing for 2013 Budget and Levy Discussion MOTION: Council Member Smith moved to approve the Consent Agenda as presented. Council Member Emmons seconded the motion. MOTION PASSED 4-0. Page 1 of 6 LAKE EL MO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 REGULAR AGENDA ITEM 8: 2011 STREET AND WATER QUALITY IMPROVEMENTS - FINAL ASSESSMENT HEARING City Engineer Jack Griffin presented information on the 2011 Street and Water Quality Improvements. The three project areas were Tartan Meadows, David Nelson Estates, and the 50th Street and Kimbro Avenue area. He provided an overview of the costs of the projects stating the final project costs came in at $604,000 with savings due to favorable construction bids. The final proposed assessments for included properties are as follows: Tartan Meadows: $2,700. David Nelson Estates: $3,200; 50th Street/Kimbro Avenue: $5,400. The city's share of the cost dropped from $578,000 to $453,000. All figures are lower than expected. Mr. Griffin also provided an overview of the financing terms.. OPEN PUBLIC HEARING AT 7:11 P.M. No public comments. CLOSE PUBLIC HEARING AT 7:12 P.M. Council member Smith commented on how pleased she was about the savings and expressed her appreciation for the work of staff. MOTION: Council Member Pearson moved to approve RESOLUTION 2012-45 ADOPTING THE FINAL ASSESSMENT ROLLFOR THE 2011 STREET AND WATER QUALITY IMPROVEMENTS, Council Member Smith seconded the motion. MOTION PASSED 4-0. ITEM 9: ORDINANCE 2012-62 ZONING AMENDMENT CODIFICATION; APPROVE RESOLUTION 2012-46 AUTHORIZATION OF SUMMARY PUBLICATION OF ORDINANCE 2012-62 Planning Director Kyle Klatt explained this amendment is the same as presented at the August 21, 2012 meeting. The purpose for bringing the item back to council is to approve the ordinance codification and summary publication. MOTION: Council Member Pearson moved to adopt ORDINANCE 2012-62 APPROVING ZONING TEXT AMENDMENT AND RESOLUTION 2012-46 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 2012-62. Council Member Emmons seconded the motion. MOTION PASSED PASS 5-0. Council Member Park arrived at 7:15 P.M. ITEM 10: APPROVE PROPOSED GENERAL LEVY AND PROPOSED 2013 BUDGET; RESOLUTION 2012-47 The Council was asked to reconfirm the council action taken on September 11, 2012 by resolution. MOTION: Council Member Smith moved to approve RESOLUTION 2012-47. Council Member Park seconded the motion. M07ION PASSED 5-0, Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 ITEM 11: up later im meeting 1m accommodate additional ITEM 12: LEGION AVENUE SEWER SURVEY RESULTS City Administrator %u|eger explained the survey process and results (nine YES responses, six NO responses) and provided the current status of the project. Many of the respondents inquired about the cost. He expressed that the costs will be estimated by staff and should be completed in October. Staff is planning on extending the survey south to include additional properties on Lake Elmo Avenue. Council Member Emmons inquired about specific sections (specifically south o[30mStreet) of the area and whether they would or should be included in the survey. He expressed his interest to keep the area io consideration going forward. Mayor Johnston inquired vvbothnc the survey is necessary for the properties across the street if state )ovv required connection regardless. City Attorney Snyder explained that the Council has discretion in conducting a survey. He explained the options of neighborhood meetings, workshops, and surveys and the respective pros and cnun of each. Ultimately, terms of hook-up and timing are up to the City's discretion. City Administrator Zuleger recommended continuing with the survey for consistency and data integrity. Council Member Park inquired how the south side of the area would hook up to the oevvec line. City Bugiooec GdOlu stated if the scvvcr is made available a service stub would be available and property outside of the area would not.receive a stub so the value of the survey is to determine the interest and to determine i[the MDS/\ needs ocnoudiuQ. The specific design of the project has not been done yet, ou specifics such as pipe location are undetermined. Council K{ooubor 8roitb reminded the Council that staff was previously directed to consider this area. Justin Bloycr, 8881 Jane Road North, approached the council and asked whether these units vvnu)d count towards the rec units,to which Mayor Johnston replied in the affirmative. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Pearson reported meeting with the City of Oakdale to discussed truck sharing. He asked for the Couoci/'s support of the program, and all nzaoobocs confirmed their support. Mr. Pearson also reported the library board had a onoedug and was discussing hiring a fuUbme librarian. He asked vvbotber there vvooid be council support for this action. Council Member Enonnoua inquired how this would fit inthe previous plans. Mr. Pearson responded that the 8uocd vvnu)d best be able to answer that question, but previous plans included paying off the existing debt. City Attorney Soydor asked that council put this on as an agenda item for a future cocrdug. Mr. Pearson just asked that council be uvvarc of the discussion. Mayor Johnston asked that the library board present the item at a later noecbug. City Administrator Zu|egcr added that be met with Judy Gibson of the library board, and they are working on 2013 objectives and goals, which includes staffing needs. Page 3of6 LAKE E0MO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 Council Member Smith reported she would like to see a list of expenditures for the library to date. She thanked all volunteers at Lake Elmo Days and stated the event was very successful and expressed her appreciation for the sporting events and especially thanked staff who helped make the event such u great success. Council Member Emmons also thanked the many volunteers at Lake Elmo Days. CnuurU Member Pack expressed her excitement for all of the new staff- Deputy Clerk /ldano Bell, Taxpayer Services and Communications Coordinator /L|yasa MacLeod and Building Official Rick Chase. Mayor Johnston reported participating in a meeting at Cimarron with residents and Washington County,That meeting also included a discussion about a book exchange with the library. The Mayor also reported working at Lake 8lcnn Days for the Rotary, touring with the Metropolitan Parks and Open Space Commission at Lake Elmo Park Reserve, attending a Metropolitan Council meeting and appointed chair of the Parks and 0poo Space Commission. He also gave a brief update on the gateway corridor stating the transportation was mainly proposed ioWoodbury. City Administrator %ulegnr reported he and Finance Director met with Northland Securities. Staff will be submitting a ObUbes Pro Forma that does not include any legal xrtdx0000t in order to provide a boaoUuc. Along with Public Works Director Bouthi|at, he met with the Parks Commission. The Commission has developed a plan uf work for 3013. Mr. Zuicgcc reported the new weekly newsletter called "Fresb" will begin being published soon. He reported that be had discussion with the Oakdale City Administrator about providing water service to the Keats Avenue/Eagle Point area of Lake Elmo as well as public works and safety collaboration. Mr. %uioger provided a recap nf the 9/12 staff retreat.Staff is addressing train whistle issues that have emerged. City Attorney Snyder reported the detachment hearing had been sustained by the Washington County District Court, and an appeal may be necessary. He proposed a closed/executive meeting on the ongoing litigation. City Engineer Griffin had no additional report other than his written reported previously provided to council. Planning Director K)atL reported scheduling otown hall meeting regarding the Village Land Use Plan. Staff has also been working with the Minnesota Land Trust to identify options for open space preservation.A Village work group meeting is also scheduled before the town hall meeting. Finance Director Bendel reported she has primarily been wrapping up budget items. October will entail storm water assessments, street assessments in November, and regular water assessments in December. She also notified the Council that she will be attending a Government Finance Officers Association conference. City Administrator %u)egcr noted that Planning Director K1att will be attending the upcoming '4rnericuo Planning Association conference, Mr. Zu|egcr also will be attending and lecturing at lean government conference in Steven's Point,VVi. Page 4of6 LAKE EL MO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 [Council called afive minute recess at 7:48 P.M. Council returned from recess at 7.56 P.M.] ITEM 11: LAKE ELMO TRAFFIC ENFORCEMENT UPDATE (Item moved to accommodate additional public wishing to comment) City Administrator Zuleger presented information on the current concerns of the city's traffic enforcement and highlighted the red zone traffic policing in the community in the past six months. He expressed the practice has produced data from 11 different sites in the city on speed, time of day, and number of vehicles. He stated staff has been working closely with MnDOT, Washington County and the Safe Route to School program regarding traffic concerns on Lake Elmo Avenue and Highway 5. He stated they have specifically requested traffic calming efforts in these areas and reported the speed trailer will be on Highway 5 beginning on September 19, 2012. Recommendations and requests include the following: 1) Speed limit reduction on Lake Elmo Avenue from 40mph to 30mph from 20th Street to Highway S. 2) Zero tolerance for speeding(writing citations at the lowest possible speed over the limit). 3) Speed limit reduction on Highway 5 from Jamaca Avenue (the roundabout) to Klondike Avenue from 55mph to 45mph. In addition, a reduction to 30mph from Klondike Avenue to Manning Avenue is requested. 4) Perform Road Safety Audit on Highway 5. Mayor Johnston inquired whether the Parks Commission had discussed a trail or sidewalk on either stretch of road, and City Administrator Zuleger replied in the affirmative and those discussions are beginning. Council Member Smith recalled a project discussion involving Lake Elmo Avenue in the past and asked City Engineer Griffin if he recalled the property owners were opposed to the trail on Lake Elmo Avenue to which Mr.Griffin replied he did recall the discussion similarly. Discussion was had regarding staffs work on the traffic enforcement overtime approved at the last council meeting but the additional officers have yet to begin the increased traffic enforcement for the approved 30 day period of extra patrol. Mayor Johnston explained that adding an officer fulltime would cost the city approximately $120,000 annually and approximately $40 per household in taxes annually to put it in to perspective for residents. Council Member Park supported the speed limit reduction on Highway 5 and stated how difficult the traffic has become in this area. Mayor Johnston suggested a parked squad car as a traffic calming advice. City Administrator Zuleger reiterated how the zero-tolerance enforcement policy works. Mayor Johnston noted that the code-red enforcement has been mildly successful with non- residents, but fairly successful with residents. PUBLIC COMMENTS: Page 5 of 6 LAKE EL MO CITY COUNCIL MINUTES SEPTEMBER 18, 2012 Tammy Saeger, 2813 Lake Elmo Avenue, expressed her concerns about the speeding on Lake Elmo Avenue and explained her dog was killed by a car on the road in front of their house. She also noted a woman was killed many years ago riding her bike on the road. Teresa Schmidt, 3240 Lake Elmo Avenue, expressed her concerns over the speeding near downtown. John Butenhoff, 2976 Lake Elmo Avenue, commended and supported what the city was doing to rectify the situation. Paul Larson, 2041 Lake Elmo Avenue, expressed his concern that 30 mph from 20th Street was not far enough and recommended it begin at the bottom of the hill and maybe add a flasher- it is forty five in front of his house where his grandchildren cross to the lake. Donald Durand, 2901 Lake Elmo Avenue, expressed his concern of the out of control speed of the vehicles on Lake Elmo Avenue and cited the 29 tickets over the past three weeks. He cited the volume of human traffic crossing, walking, jogging, biking along and to the lake and he personally has been almost hit several times. He stated there are 36 residents who need to cross road to access the lake He stated the worst times are in the morning and early evening work-drive times. Stephen Johnson, 2915 Lake Elmo Avenue, expressed his thanks for the council addressing the resident's concerns regarding this issue and supported all of the previous public comments. City Administrator Zuleger stated staff will work to implement the increased enforcement and expects a report from Washington County Sheriff's office after the 30-day increased enforcement and calming efforts. Staff is continuing to work with MnDOT and Washington County Transportation and will bring the issue back to council after that study is concluded. The Mayor expressed concern that the affected residents receive notice of the issue back on the agenda. Mr. Zuleger confirmed that notice will be provided through all the regular channels. Council Member Park asked City Engineer Griffin if the City can independently implement the proposed traffic calming measures or if it would need to work with the county. Mr. Griffin confirmed that the county would need to be involved. A brief discussion was had regarding the source of the traffic. MOTION: Council Member Park moved to adopt the four traffic management recommendations presented by staff. Mayor Johnston seconded the motion. 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LLm 0 Np0 o o 2 o co pp o o m o oo a, m R o o 0 0 0 4 o 0 0 0 n rn o 0 `w 0 o m m o n o o M o E o o O c a + C, + + oo + + o + 0 + a o m Z a a v o w v m m m m w m a ro + ® o a `v a m m + rn + m rn + O + o m a v O m ro m m m m m m of `v rn = 0 � p ro c� v T E z v m m m m m m m = m Z v '� O VE M o +yam c 4 ° O) e-I ri N N m p0 m N a+ +- a+ .v w+ a+ s� a+ r W r ro m 2 c <c ¢ 4 G 2 i= Q 3 3 a, -S � vi vai Q Q 0 n Q ro p Q c + y t} N s + N nj O tl1 -�w � •� u ; U} :� � o � :N cc1 � � � O � OSJ.� e� G m v cc _ S1 cn O + _ o w my v Q) 'o v o H t� cs v v v ° u m cu 'v E E v r t>z i a N ! o CL M o N � N LIJ M > W °> p� t mYm tC � u, CD 4 N U .0' L �- CD r-I O N " m # o i ® 0 0 00 Q0 A m in m M -n - rP A@r 0 A Z, THE CITY OF MAYOR AND COUNCIL COMMUNICATION DATE: 10/02/2012 CONSENT ITEM#: 3 MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of$297,285.85 SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$297,285.85. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim# Amount Description ACH $ 9,620.85 Payroll Taxes to IRS & MN Revenue 9/20/2012 ACH $ 5,014.18 Payroll Retirement to PERA 9/20/12 ACH $ 571.69 Payroll Benefits to Reliance Std 9/25/12 DD4181 —DD4217 $ 31,796.42 Payroll Dated 9/20/12 (Direct Deposit) 38959-38960 $ 1,019.91 Payroll Dated 9/20/2012 (Payroll Paper Checks) 38961-38968 $ 15,579.66 Accounts Payable Manual 9/25/12 38969-39023 $ 233,263.14 Accounts Payable Dated 10/2/12 1586-1592 $ 420.00 Accounts Payable 10/2/12 (Library Checks) I TOTAL $ 2975285.85 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction. RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of$297,285.85. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the October 2, 2012, Disbursements as Presented[and modifedj herein." ATTACHMENTS: 1. Accounts Payable Dated 10/2/2012 SUGGESTED ORDER OF BUSINESS (if removed from the C'onsentAgenda): Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... 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G. r,4 00 00 C4(4 E3 Cq Cq kn C4 C-4 Cq r- Lr, GD fn Izo CIA rq Z ct �4 rq oc, Oo Lr) a3 r:� u 5:�j C� rq C) 00 00 00 rq ti N o Cq (,q rq 03 00 C� Cd rq rq Cq N Pa rq Cq (-A Cq 0 91 C4 Cq C) z CoC-q > Lr) Lrl �T F— IT Lrl <=� — rq 00 ate - C> t C� m C) c L) oc) C� �c — 1�0 — It o O as 4t C w. ao to op 00 oc fn U, Ln cu C-4 W) r— rq Ln Cl OC'I C-4 C) vi C-A 00 t-- 141 0 cli 72 C'4 cq rq u > as O CJ s Id O O no visa A'�i THE CITY OF LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 10/2/2012 CONSENT ITEM#: 4 MOTION Consent Agenda AGENDA ITEM: Resolution 2012-49 Designating City's Data Practice Officials and Approving City Data Practices Policy SUBMITTED Y: Sandie Thane, City Clerk THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Adam Bell, Deputy Clerk STAFF REPORT: As part of the Consent Agenda the City Council is requested to consider approval of Resolution 2012-49 Designating City's Data Practices Officials and Approving City's Data Practices Policy. Minnesota State Statute Chapter 13 regulates the collection, creation, storage, maintenance, dissemination and access to government data in government entities. MN Statute 13.05 requires the government entity's Responsible Authority to annually update the city's Data Practices Policy and make any changes necessary to maintain the accuracy of the document. The policy identifies the types of data the city maintains and how each type of data is classified. In addition, the policy provides for written procedures to ensure data requests are received and complied with in an appropriate,permitted and prompt manner. The city is required to have two officers to administer responsibilities set forth in the act. The required officers are the Responsible Authority and the Compliance Officer, who by state statute can be and often are the same person within a government entity. The Responsible Authority is responsible for collection, use and dissemination of any set of data. The Compliance Officer handles questions or issues with regard to data access. Both of these officials are required to be named specifically, not just as a position responsibility. It is recommended the city council designate City Clerk Sandie Thane as both the Responsible Authority and the Compliance Officer and Deputy Clerk Adam Bell as the Data Practices Designee. RECOMMENDATION: Staff recommends the City Council approve Resolution 2012-49 Designating City Data Practices Officials and Approving City's Data Practices Policy; City Clerk Sandie Thone as both the Responsible Authority and the Compliance Officer and Deputy Clerk Adam Bell as the Data Practices Designee. This action requires a simple majority vote. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-49 A RESOLUTION DESIGNATING CITY'S DATA PRACTICES OFFICIALS AND APPROVING CITY'S DATA PRACTICES POLICY WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and procedures pertaining to government data practices; and WHEREAS, the statute also requires the appointment of a data practices compliance official, a data practices responsible authority and designee(s) to enforce the data practices policies of government agencies. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Lake Elmo, that the attached City of Lake Elmo Data Practices Policy, together with the exhibits attached thereto, are hereby adopted and approved as if fully set forth herein; and BE IT FURTHER RESOLVED, that City Clerk Sandie Thone will be appointed to serve as the city's data practices compliance official and data practices responsible authority and that Deputy Clerk Adam Bell is hereby appointed as data practices designee. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SECOND DAY OF OCTOBER 2012. CITY COUNCIL CITY OF LAKE ELMO By: Dean A. Johnston Mayor ATTEST: Sandie Thone City Clerk Resolution 2012-49 \ l THE CITY OF LA E 1 r--'4 E LMU` \ u � \ \\ S t ( \ !\ l � I 2 1 l \ t � � l \ \ \ \ h \\ 2 a u \ l l � L \ i � h c \ \ \ \ l ti \ Page I of 21 ACCESS TO DATA BY THE PUBLIC Access To Data By The Public While some data maintained by the city is data about individuals, which is presumed to be private, the broader assumption about government data in general is that it is public, and should be readily available to anyone who asks for it. Failure to disclose information that is public is a violation of data practices laws. Any person (individual or non-individual) can have access to public data simply by making a request to the responsible authority that has jurisdiction over the data. The person has the right to inspect and copy the data at reasonable times and places, and, if the person so requests,will be informed of the data's meaning. Inspection of Data There is no fee for inspecting the data (Minn. Stat. Sec. 13.03, subd. 3.) Inspection includes visual inspection of the information in paper or some other medium, such as on the website. Inspection does not include printing copies, unless printing a copy is the only way to inspect the data. For data stored in electronic form and available to the public through electronic remote access, inspection includes allowing the public to have access to the data so that they can print or download the data from their own computer equipment. The responsible authority may charge a reasonable fee for remote access to data if there is a specific statutory grant of authority. Data with Commercial Value When data requested by the public include data that have commercial value (such as a formula, pattern, compilation, program, device, method, technique, etc) and a substantial and discrete portion of the data was developed with a significant expenditure of public funds, the responsible authority may charge a reasonable fee for the information in addition to the costs of making, certifying and compiling the copies (Minn. Stat. Sec. 13.03, subd. 3(d)). Any fee charged must be clearly demonstrated by the agency to relate to the actual development costs of the information. Computer Storage Medium If the requested data is maintained in a computer storage medium, the responsible authority must provide a copy of the data contained in that medium in electronic form if the city can reasonably do so (Minn. Stat. Sec. 13.03, subd. 3(e)). o 1 11 Big Page 2 of 21 Time Limits For Response Copies of public information should be disclosed as soon as reasonably possible. Work on compiling copies should begin immediately upon request. If the request cannot be honored immediately the city should, as a matter of courtesy, send a letter to the requester acknowledging receipt of the request and giving the requester an estimate of the time it will take to compile and send the information. CLASSIFICATIONS OF GOVERNMENT DATA Classifications of Government Data The Minnesota Government Data Practices Act defines Government Data as all data collected, created, received, maintained or disseminated by any state agency, political subdivision, or statewide system regardless of its physical form, storage media or conditions of use (Minn. Stat. Sec. 13.02, subd. 7). Government Data are separated into classifications and the classification of data determines their accessibility by the public. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is attached as Exhibit A. Data On Individuals Data on individuals are defined as government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data is not accessed by the name or other identifying data of any individual. There are three classifications of data on individuals : ® Public -- This is data about individuals which can be disclosed to anyone for any purpose, e.g. names and salaries of city employees. ® Private -- This is data about individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data. Page 3 of 21 ® Confidential -- This is data about individuals that even the individuals themselves cannot be told, e.g., information from an investigation about welfare fraud or in adoption records. Note, however, that even if the confidential data itself cannot be disclosed to individuals, individuals do retain the right to know whether an agency is maintaining confidential data about them. Confidential information may be given to people who are authorized access by federal, state or local law or court order or people within the city staff, the city council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. Data Not On Individuals Data not on individuals are government data about non-individuals, such as organizations including partnerships, corporations, associations, etc. ® Public -- This is data about non-individuals, such as businesses,which can be disclosed to anyone for any purpose, e.g., names of vendors who have contracts with the city. ® Private -- This is data about non-individuals which can be disclosed only to the subject of the data or to government entities and employees whose work assignments reasonably require access to the data, e.g., certain financial information about businesses. ® Protected Non-public -- This is data about non-individuals, which is available only to government entities with a legal right to know it. A corporation being investigated for fraud, for example, would not have a right to the information being collected during the investigation. Information Technology Policy Information Policy Compliance and Consequences All City of Lake Elmo users, including employees, volunteers and contractors, who have rights to access or modify city information in any media, or who use city computers, business applications or electronic communication resources, must comply with Lake Elmo Information Policy, the federal Health Insurance Portability and Accountability Act (HIPAA), the Minnesota Government Data Practices Act and all other laws or rules governing the protection of data. Failure to comply is grounds for sanction and/or disciplinary action up to and including termination of employment, cancellation of contract and/or loss of resource privileges. Failure to comply may also result in notification to law enforcement officials and regulatory,accreditation and licensure organizations. Page 4 of 21 Use of any City of Lake Elmo information technology devices will be limited to employees. All files of any kind, including electronic mail disseminated or received utilizing city devices or software or which resides on computers within the City of Lake Elmo should not be considered as private and employees shall have no expectation of privacy. The contents of electronic mail will not normally be monitored, censured, or otherwise examined unless there is reason to believe the usage is being abused. City investigations, law enforcement investigations, or court order or data practices request may require the examination and release of any file or document, including electronic files such as electronic mail. Electronic Mail (Email): Purpose of Email: the email system is a tool to be used for matters directly related to the business activities of city employees and as a means to further the mission by providing services that are efficient, accurate,timely and complete. Public Nature of Email: email is a public record like any other public document. Email may be searched for evidence in any legal proceeding. By using the email system, the employee consents that in the event of suspicious activity their email system may be searched for evidence gathering purposes. E-mail messages are subject to regulation under the Minnesota Data Practices Act. As such, all e-mails unless private (content determines public or private) should be considered public information. Policy: employees are responsible for adhering to business standards when email is created, sent, forwarded or saved. Failure to adhere puts the organization and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. Employees should not keep e-mail for an extended period of time. If it is a critical e-mail correspondence, it should be saved as a hard copy or as a text file and moved to the server. Delete all inbox, sent,and deleted messages that are no longer needed. Members of the Public Might to Access Public Data The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. The Data Practices Act also provides that the City of Lake Elmo must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. Page 5 of 21 You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to Make a Data Request To look at data or request copies of data that the City of Lake Elmo keeps, make a written request. Make your written request for data to the appropriate individual listed in the Data Practices Contacts document on page eight. You may make your written request for data by mail, using the data request form on page ten. If you choose not to use the data request form,your written request should include: 1. that you, as a member of the public, are making a request for data under the Data Practices Act, Minnesota Statutes, Chapter 13; 2. whether you would like to look at the data,get copies of the data, or both; and 3. a clear description of the data you would like to inspect or have copied. The City of Lake Elmo cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example,you want us to mail you copies of data),we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you,we will not be able to begin processing your request. How We Respond to a Data Request Upon receiving your written request, we will work to process it. If we do not have the data, we will notify you in writing as soon as reasonably possible. If we have the data, but the data are not public, we will notify you in writing as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly,within a reasonable amount of time by doing one of the following: 1) Arrange a date, time, and place to inspect data, for free, if your request is to view the data, or 2) Provide you with copies of the data as soon as reasonably possible. LN.......... ME= Page 6 of 21 You may choose to pick up your copies, or we will mail or fax them to you. If you want us to send you the copies, you will need to provide us with an address or fax number. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will provide you with an explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. The Data Practices Act does not require us to answer questions that are not requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. The City of Lake Elmo will prepare summary data if you make your request in writing and pre-pay for the cost of creating the data. Upon receiving your written request - you may use the data request form on page ten - we will respond within ten business days with the data or details of when the data will be ready and what the cost will be. Data Subjects Data about You The Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, CD-ROMs, photographs, etc. Classification of Data about You The Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. Page 7 of 21 Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. The following is an example of public data about you: if you are an employee of a government entity, the fact that you work for the entity, and your job title and bargaining unit is public. Private data: We cannot give private data to the general public, but you have access when the data are about you. The following is an example of private data about you: your Social Security number. We can share your private data with you,with someone who has your permission,with City of Lake Elmo staff who need the data to do their work, and as permitted by law or court order. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. The following is an example of confidential data about you: if you register a complaint with a government entity concerning violations of state laws or local ordinances concerning the use of real property, your identity is confidential. We can share confidential data about you with City of Lake Elmo staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data. Your Rights under the Data Practices Act The City of Lake Elmo must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject,you have the following rights. Your Access to Your Data: You have the right to view (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you may have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian,you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Page 8 of 21 Minors have the right to ask the City of Lake Elmo not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When we Collect Data from You: When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person,you must use the consent form we provide. Protectine vour Data: The Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. When vour Data are Inaccurate and/or /or Incomplete: You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data To look at data, or request copies of data that the City of Lake Elmo keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts document on page ten. You may make your written request by mail using the data request form on page twelve. If you choose not use to use the data request form,your written request should include: 1. That you are making a request, under the Data Practices Act (Minnesota Statutes, Chapter 13),as a data subject, for data about you; 2. Whether you would like to inspect the data, have copies of the data, or both; 3. A clear description of the data you would like to inspect or have copied; and 4. Identifying information that proves you are the data subject, or data subject's parent/guardian. ON Page 9 of 21. The City of Lake Elmo requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor's parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity document located on page thirteen. How We Respond to a Data Request Once you make your written request, we will work to process your request. If it is not clear what data you are requesting,we will ask you for clarification. • If we do not have the data,we will notify you in writing within 10 business days. ® If we have the data, but the data are confidential or private data that are not about you, we will notify you in writing within 10 business days and state which specific law says you cannot access the data. ® If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: 1. Arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or 2. Provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page nine. After we have provided you with access to data about you, we do not have to show you the data again for six months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will provide additional explanation. The Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not requests for data. LIN 0 i Page 10 of 21 CITY OF LAKE ELMO Data Practices Contacts Responsible Authority Sandie Thone, City Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 �&Lorie c�lak Ifa o[g Data Practices Designee Adam Bell, Deputy Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 ab Data Practices Compliance Official Sandie Thane, City Clerk 3800 Laverne Avenue North, Lake Elmo, MN 55042 Phone: 651.747.3900 Fax: 651.747.3901 s-dh-o 11 e-@—1a kL&Y Lmao Eg, Page 11 of 21 Copy Costs - Members of the Public The City of Lake Elmo charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). Copies must be paid for prior to receiving. For 100 or Fewer Paper Copies - 25 Cents per Page 100 or fewer pages of black and white, letter or legal size paper copies cost 25� for a one- sided copy, or 50� for a two-sided copy. Most Other Types of Copies -Actual Cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies will be calculated at the actual hourly rate of the employee. Copy Costs - Data Subjects The City of Lake Elmo charges data subjects for copies of government data. These charges are authorized under section 13.04, subdivision 3. Copies must be paid for prior to receiving. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies will be calculated at the actual hourly rate for the employee. OEM Page 12 of 21 City of Lake Elmo Data Request For - Members of the Public Date of request: I am requesting access to data in the following way: Note: inspection is free, for copies the City of Lake Elmo charges $0.25 per page for 100 or fewer one-sided pages of black and white, letter or legal size paper copies cost or SU for a two-sided copy. ❑ Inspection ❑Copies ❑ Inspection and copies These are the data I am requesting: Note: Describe the data you are requesting as specifically as possible. If you need more space,please use the back of this form. Contact Information Name: Address: Phone number: Email address: You do not have to provide any of the above contact information. However, if you want us to mail you copies of data,we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. a. ism: Page 13 of 21 City of Lake Elmo Data Request For - Data Subjects Date of request: To request data as a data subject, you must show a valid state ID, such as a driver's license, military ID, or passport as proof of identity. I am requesting access to data in the following way: ❑ Inspection []Copies ❑ Inspection and copies Note: inspection is free, for copies we charge $0.25 per page for up to 100 pages ($0.50 two sided up to 50 pages) or employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies is calculated at the actual hourly rate of the employee. Description of data requested: Note: Describe the data you are requesting as specifically as possible. If you need more space,please use the back of this form. Contact Information Data subject name Parent/Guardian name (if applicable) Address Phone number Email address Signature of Data Subject or Parent/Guardian Staff Verification Identification provided MMM Page 14 of 21 Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as ® state driver's license ® military ID ® passport ® Minnesota ID ® Minnesota tribal ID A minor individual must provide a valid photo ID, such as • state driver's license ® military ID ® passport ® Minnesota ID ® Minnesota Tribal ID ® Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either a certified copy of the minor's birth certificate or a certified copy of documents that establish the parent or guardian's relationship to the child, such as ® court order relating to divorce, separation, custody, foster care ® foster care contract ® affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as ® court order(s) ® valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Page 15 of 21 CITY OF LAKE ELMO NOTICE TO ALL APPLICANTS FOR MUNICIPAL PERMITS, LICENSES, OR OTHER MUNICIPAL ACTION 1. If you are requesting municipal action on any request for any of the above, you will be required to furnish certain information about yourself, the project you are involved in, or other matters pertaining to the application. Some of the information you are asked to provide is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. 2. The purpose of this information is to enable the City of Lake Elmo or other government agencies to evaluate relevant factors in considering your request. You are not legally required to provide this information. If you do not provide the requested information,the City may not act upon your request. 3. The information inspect the information. DATA PRACTICES ADVISORY TENNESSEN WARNING REQUIRED BY MINNESOTA STATUTES CHAPTER 13.04 BY COMPANY/TITLE: Page 16 of 21 NON-PUBLIC DATA MAINTAINED BY CITY(EXHIBIT A) 1. Personnel Data (Private) Minn. Stat. §13.43 All data on all individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission is private, except the following which is public: • Name • Employee identification number (not the employee's Social Security number) • Actual gross salary • Contract fees • Actual gross pension • Value and nature of employer paid fringe benefits • Basis for and amount of added remuneration, including expense reimbursement • Job description,job title and bargaining unit • Education and training background • Relevant test scores and rank on eligible list • Previous work experience • Date of first and last employment • Veteran status • The existence and status (but not nature) of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in discipline • Final disposition of any disciplinary action, together with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the city • Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement • Work availability • Work location • Work telephone number • Honors and awards received • Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extend that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data OEM Page 17 of 21 • Names and addresses of applicants for and members of an advisory board or commission ® Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) If it is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a pre-petition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting agency. All other data is private but may be released pursuant to a court order. Data pertaining to an employee's dependents are private data on individuals. 2. Property Complaint Data (confidential) Minn.Stat.§13.44 The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 3. Security Information (Private) Minn. Stat. §13.37 Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. This also includes interior sketches, photos, or plans of buildings where detailed information about alarm systems or similar issues could jeopardize security. 4. Sealed bids (Non-public) Minn. Stat. §13.37 Sealed bids, including the number of bids received, prior to opening. 5. Trade Secret Information (Non-public) Minn. Stat. §13.37 Government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the City, (2) that is the subject of efforts by the City that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known moo= Page 18 of 21 to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 6. Examination Data Minn.Stat.§13.34 Completed versions of personnel and licensing examinations are private, unless the Responsible Authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 7. Elected Officials Correspondence (Private) Minn.Stat.§13.601 Correspondence between individuals and elected officials, but either may make it public. 8. Federal Contracts Data (Non-public) Minn.Stat. §13.35 To the extent that a federal agency requires it as a condition for contracting with the city, all government data collected and maintained by the city is classified as private or nonpublic depending on whether the data are data on individuals or data not on individuals. 9. Civil Investigative Data Minn. Stat. §13.39 Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 10. Appraisal Data (Confidential or Non-public) Minn. Stat.§13.44 a. Estimated or appraised values of individual parcels of real property that are made by personnel of the city or by independent appraisers acting for the city for the purpose of selling or acquiring land through purchase or condemnation are classified as confidential data on individuals or protected nonpublic data. b. Appraised values of individual parcels of real property that are made by appraisers working for fee owners or contract purchasers who have received an offer to purchase their property from the city are classified as private data on individuals or nonpublic data. The data become public upon the occurrence of any of the following: The data are submitted to a court-appointed condemnation commissioner; The data are presented in court in condemnation proceedings; or Page 19 of 21 The negotiating parties enter into an agreement for the purchase and sale of the property. 11. Personal and intangible property; appraisal data (Non-public) Minn. Stat. §13.44 Preliminary and final market value appraisals, which are made by personnel of the city or by an independent appraiser acting on behalf of the city, of personal and intangible property owned by the city are classified as nonpublic data not on individuals until either (1) a purchase agreement is entered into; or (2) the parties negotiating the transaction exchange appraisals. 12. Social Security numbers (Private) Minn. Stat. §13.355 The Social Security numbers of individuals, whether provided in whole or in part, collected or maintained by a government entity are private data on individuals, except to the extent that access to the Social Security number is specifically authorized by law. 13. Recreation/Social Programs Data (Private) Minn.Stat. §13.57 People enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. Planning Survey Data (Private/Non-public) Minn. Stat. §13.43 The following data collected in surveys of individuals conducted by the city for the purpose of planning, development and redevelopment are classified as private or nonpublic: names and addresses of individuals and the legal descriptions of property owned by the individuals, and the commercial use of the property to the extent disclosure of the use would identify a particular business. 15. City Attorney Records Minn.Stat. §13.30 The use, collection, storage, and dissemination of data by the city attorney are governed by statues, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. Page 20 of 21 16. Electronic Access Data Minn. Stat. §13.15 Data created, collected, or maintained about a person's access to a city computer for the purpose of gaining access to data or information, transferring data or information are private data on individuals or nonpublic data. 17. Service Cooperatives Claims Data Minn. Stat. §13.43 Claims experience and all related information received from carriers and claims administrators participating in a group health or dental plan, including any long-term disability plan, offered through the Minnesota service cooperatives to the city, and survey information collected from employees and employers participating in these plans and programs, except when the executive director of a Minnesota service cooperative determines that release of the data will not be detrimental to the plan or program, are classified as nonpublic data not on individuals. Page 21 of 21 Consent to Release - Request from a Government Entity Explanation of Your Rights You have the right to choose what data we release. This means you can let us release all of the data, some of the data, or none of the data listed on this form. Before you give us permission to release the data, we encourage you to review the data listed on this form. You have the right to let us release the data to all, some, or none of the persons or entities listed on this form. This means you can choose which entities or persons may receive the data and what data they may receive. You have the right to ask us to explain the consequences for giving your permission to release the data. You may withdraw your permission at any time. Withdrawing your permission will not affect the data that we have already released because we had your permission to release the data. If you have a question about anything on this form, or would like additional information or explanation, please contact Sandie Thone, City Clerk, 3800 Laverne Avenue North, Lake Elmo, Minnesota 55042; 651.747.3900 or tC sthon i:g, before signing.-L mQ&- give my permission for the City of Lake Elmo to release data about me to as described on this form. I understand that my decision to allow release of the data to -is voluntary. 1) The specific data that the City of Lake Elmo may release: 2) 1 understand the City of Lake Elmo wants to release the data for this reason: 3) 1 understand that although the data are classified as private at the City of Lake Elmo, the classification/treatment of the data at depends on laws or policies that apply to This authorization to release the data expires on Individual data subject's signature Date Parent/guardian's signature [if necessary] Date 100-i 01 ................. CITY OF LAKE ELMO DATA PRACTICES PROCEDURES ADOPTED THE to DAY OF FEBRUARY, 2003 u �o'A ,l i CITY OF LAKE ELMO DATA PRACTICES PROCEDURES INDEX Subjec Page 1.0 Introduction 1 2.0 Responsible Authority 1 3.0 Access to Public Data 1 A. People Entitled to Access 1 B. Form of Request 1 C. Time Limits I D. Fees 1 4.0 Access to Data on Individuals 2 A. People Entitled to Access 2 B. Form of Request 3 C. Identification of Requesting Party 3 D. Time Limits 3 E. Fees 3 F. Summary Data 3 G. Juvenile Records 4 5.0 Denial of Access 5 6.0 Collection of Data on Individuals 5 7.0 Challenge to Data Accuracy 6 8.0 Data Protection 6 A. Accuracy and Currency of Data 6 B. Data Safeguards 7 9.0 Annual Review 7 EXHIBITS s 11 E Consent to Release Private Data 1 Information Disclosure Request 2 Access and Nondisclosure Agreement 3 Notice to Juveniles 4 Tennessen Warning 5 Contract Language, Outside Agents 6 APPENDICES LETTER Private & Confidential Data Maintained by City A Record of Annual Review B ill CITY OF LAKE ELMO DATA PRACTICES PROCEDURES 1.0 Introduction These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the "Act"), specifically Minn. Stat. §13.03, Subd. 2; and 13.05, Subd. 5 and 8. 2.0 Responsible Authority The person who is the responsible authority for the compliance with the Act is the Deputy Clerk. 3.0 Access to Public Data All information maintained by the City is public unless there is a specific statutory designation, which gives it a different classification. The City General Records Retention Schedule lists data series maintained by the City and their classifications. A. People Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the data. The person does not need to statehis or her name or give the reason for the request. B. For of Request. The request for public data may be verbal or written. C. Time Limits. 1. Requests. Requests will be received and processed only during normal business hours. 2. Response. If copies cannot be made at the time of the request, copies must be supplied as soon as reasonably possible. . Fes. Fees, at the rate of$.50 per page side, may be charged only if the requesting person asks for a copy, unless a significant time is required. In that case, the fee will include the actual cost of searching for, retrieving and copying or electronically transmitting the data. The fee may not include time necessary-to separate public from non-public data. The Deputy Clerk may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. 4.0 Access to Data on Individuals. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. People Entitled to Access. 1. Public information about an individual may be shown or given to anyone. 2. Private information about an individual may be shown or given to: a. The individual, but only once every six months, unless a dispute has arisen or additional data has been collected. b. A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 1, or a form reasonably similar. c. People who are authorized access by the federal, state, or local law or court order. d. People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen warning described below. e. People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. 3. Confidential information may not be given to the subject of the data, but may be shown or given to: a. People who are authorized access by federal, state, or local law or court order, b. People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. 2 B. Form of Request. Any individual may request verbally or in writing if the City has stored data about that individual and whether the data is classified as public, private, or confidential. All requests to see or copy private or confidential information must be in writing. An Information Disclosure Request, attached as Exhibit 2, must be completed to document who requests and who receives this information. The Deputy Clerk or designee must complete the relevant portions of the form. The Deputy Clerk or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. C. Identification of Requesting Party. The Deputy Clerk or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. 1. Requests. Requests will be received and processed only during normal business hours. 2. Response. The response must be immediate, if possible, or within 5 working days-it an immediate response is not possible. The City may have an additional 5 working days to respond if it notifies the requesting person that it cannot comply within 5 days. E. Fees. Fees may be charged in the same manner as for public information. F. u►nrmary Data. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public, The Deputy Clerk or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The Deputy Clerk or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within 10 days after receiving the request. If the summary data cannot be prepared within 10 days, the Deputy Clerk must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The Deputy Clerk may ask an outside agency or person to prepare the summary data if(1) the specific purpose is given in writing, (2) the agency or person agrees not to disclose the private or confidential data, and (3) the Deputy Clerk 3 determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The Deputy Clerk may use the form attached as Exhibit 3. G. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. 1. Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the Deputy Clerk or designee has been given evidence that there is a state law, court order, or other legally binding document which prohibits this right. - 2. Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 4. 3. Denial of Parental Access. The Deputy Clerk or designee may deny parental access to private data when the juvenile requests this denial and the Deputy Clerk or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the Deputy Clerk or designee will consider: a. Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences, b. Whether denying access may protect the juvenile from physical or emotional harm, c. Whether there is reasonable grounds to support the juvenile's reasons, and d. Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The Deputy Clerk or designee may also deny parental access without a request from the juvenile under Minnesota Statutes § 144.335. 4 6.0 Denial of Access. If the Deputy Clerk or designee determines that the requested data is not accessible to the requesting party, the Deputy Clerk or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The Deputy Clerk or designee must give the specific legal authority, including statutory section, for withholding the data. The Deputy Clerk or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. 6.0 Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: ® the purpose and intended use of the requested data, • whether the individual may refuse or is legally required to supply the requested data, • any known consequences from supplying or refusing to supply the information, and • the identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer, A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 5. 7.0 Challenge to Data Accuracy. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's Deputy Clerk in writing describing the nature of the disagreement. Within 30 days, the Deputy Clerk or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of 5 inaccurate or incomplete data, including recipients named by the individual, or(2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the Deputy Clerk's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The Deputy Clerk will correct any data if so ordered by the Commissioner. 8.0 Data Protection. A.Accuracy and Currency of Data. Ali employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Clerk, or Finance Director, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. All records must be disposed of according to the City's records retention schedule. B. Data Safeguards. Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Private and confidential data must be kept only in City offices, except when necessary for City business. Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: 1. not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, 2. not leave private or confidential data where non-authorized individuals might see it, and 3. shred private or confidential data before discarding. 6 Exhibit 1 CONSENT TO RELEASE PRIVATE DATA 1, authorize the City Of Lake Elmo ("City") to (Print Name) Release the following private data about me: To the following person or people: The person or people receiving the private data may use it only for the following purpose or purposes: This authorization is dated and expires on The expiration cannot exceed one year from the date of the authorization,except in the case of authorizations given in connection with applications for life insurance or non-cancelable or guaranteed renewable health insurance and identified as such,two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. X Signature IDENTIFY VERIFIED BY: 0 Witness: X Identification: Driver's License, State ID, Passport, 0 other: 11 Comparison with signature on file 11 other: Responsible Authority/Designee: 8 Exhibit 3 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT 1. AUTHORIZATION. City of Lake Elmo ("City") hereby authorizes ("Authorized Party") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): o The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be o The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with attached Exhibit A. 4. SECURITY, The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public Which IS Obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody, The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. 10 The Authorized Party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 6. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this Agreement and classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover$1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): ® If the Authorized Party is the requestor, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. • If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: By: Date: Title (if applicable): CITY OF LAKE ELMO By: Date: Its: Exhibit 4 NOTICE TO PERSONS UNDER AGE OF 18 Some of the information you are asked to provide is classified as private under state law. You have the right to request that some of all of the information not be given to one or both of your parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, ® Whether there is reasonable grounds to support your reasons, and Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes § 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN To: DATE: BY: (name) (title) REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Print Name: Signature: 12 Exhibit 5 DATA PRACTICES ADVISORY Some or ail of the information that you are asked to provide on the attached form is classified by state law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities who are authorized by law to receive this information are: 13 Exhibit 6 SAMPLE CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn, Stat, Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract. Contractor agrees to return data to the City, as requested by the City. 14 APPENDIX A PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY 1. Personnel Data (Private) Minn. Stat. §13.43. All data about an individual who is employed as, or an applicant to be, an undercover law enforcement officer. All data on all other individuals who are or were an employee, an applicant for employment, volunteer, independent contractor, or member or applicant for advisory board or commission, except the following which is public: Name Actual gross salary Salary range Contract fees Actual gross pension Value and nature of employer paid fringe benefits Basis for and amount of added remuneration, including expense reimbursement Job title Job description Education and training background Previous work experience Date of first and last employment The existence and status (but not nature) of any complaints or charges against the employee, whether or not resulting in discipline Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement Work location Work telephone number Badge number Honors and awards received Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data City and county of residence Names and home addresses of applicants for appointment to and members of an advisory board or commission If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or 15 (3) a court, law enforcement agency or prosecuting authority. 2. Employment Data (Private) Minn. Stat. §13.43, Data about current and former applicants for employment or appointment to an advisory board or commission, except the following which is public: Veteran status Relevant test scores Rank on eligible list Job history Education and training Work availability Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) Names and addresses of applicants for and members of an advisory board or commission are public. 3. Property Complaint Data (Confidential) Minn. Stat. §13.44. The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 4. Security Information (Private) Minn. Stat. §13.37. Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. Absentee Ballots (Private) Minn. Stat. §13.37. Sealed absentee ballots before opening by an election judge. 6. Sealed Bids (Private) Minn. Stat. §13.37. Sealed bids, including the number of bids received, prior to opening. 7. Labor Relations Information (Private) Minn. Stat. §13.37. Management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or create to prepare the management position. 8, Examination Data Minn. Stat. §13.34. 16 Completed versions of personnel and licensing examinations are private, unless the Deputy Clerk determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 9. Elected Officials Correspondence (Private) Minn. Stat. §13.33. Correspondence between individuals and elected officials, but either may make it public. 10. Benefit Data (Private) Minn. Stat. §13.31. All data about individuals participating in the City's housing rehabilitation program. 11. Civil Investigative Data Minn. Stat. §13.39. Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 12. Appraisal Data (Confidential) Minn. Stat. §13.50. Appraisals made for the purpose of selling or acquiring land. 13. Recreation Data (Private) Minn. Stat. §13.57. For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. City Attorney Records Minn. Stat. §13.30. The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery. production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the "work product" privilege is confidential. F:\users\LORI\Jerry\LE\data practices procedures.DOC 17 APPENDIX B RECORD OF ANNUAL REVIEW DATA PRACTICES PUBLIC DOCUMENT Under the Minnesota government Data Practices Act, I as the Deputy Clerk for the City of Lake Elmo am required to annually review the City's public document to update the document and ensure its accuracy. The following records the date on which I have done so. DATE COMPLETED SIGNATURE 1� When a contract with an outside party requires access to private or confidential information the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 6. 9.0 Annual Review The Deputy Clerk shall review the data practice procedures annually for compliance with the Act and shall complete Appendix B. 7 THF C ITY O LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 10f2f2012 CONSENT ITEM#: 5 MOTION Consent Agenda AGENDA ITEM: Resolution 2012-50 Approving Tax Forfeited Parcels for Public Auction or Auction to Adjacent Owners SUBMITTED BY: Sandie Thone, City Clerk THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Kyle Klatt, Director of Planning STAFF REPORT: As part of the Consent Agenda the City Council is requested to consider approval of Resolution 2012-50 Approving Tax-Forfeited Parcels for Public Auction or Auction to Adjacent Owners. Please find attached the letter received from Washington County on September 13, 2012 requesting the city's approval for the parcels located in the City of Lake Elmo described herein which have been forfeited to the State of Minnesota for non-payment of property taxes. The parcels have been classified as non-conservation land and include the following parcels: 1) Parcel ID: 34.029.21.11.0006; Lot A Stonegate 2nd Addition 2) Parcel ID: 36.029.21.33.0015; Section 36 Township 029 Range 021 PT of SW 1/ As required by MN Statute 282.01, the city is requested to either approve the parcels for public auction or auction to adjacent land owners or request a conveyance to the city for an authorized public use or public purpose. RECOMMENDATION: Staff recommends the City Council approve Resolution 2012-50 Approving Tax-Forfeited Parcels for Public Auction or Auction to Adjacent Owners. This action requires a simple majority vote. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-50 A RESOLUTION APPROVING TAX FORFEITED PARCELS FOR PUBLIC AUCTION OR AUCTION TO ADJACENT OWNERS WHEREAS, the parcels located in the City of Lake Elmo described herein have been forfeited to the State of Minnesota for non-payment of property taxes; and WHEREAS, the parcels have been classified as non-conservation land and include Parcel ID: 34.029.21.11.0006; Lot A Stonegate 2 d Addition and Parcel ID: 36.029.21.33.0015; Section 36 Township 029 Range 021 PT of SW 1/4; and WHEREAS, required by MN Statute 282.01, the city is requested to either approve the parcels for public auction or auction to adjacent land owners or request a conveyance to the city for an authorized public use or public purpose. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo approves the above mentioned parcels for sale. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SECOND OF OCTOBER 2012. CITY COUNCIL CITY OF LAKE ELMO By: Dean A. Johnston Mayor (Seal) Sandie Thone City Clerk Resolution 2012-50 Property Records and ® ��,�GTONCOG Taxpayer Services ashngton Jennifer Wagenius Director y��SIflY.PPOGPt54.�`S~oQ 1, Steve Gransee Taxpayer Services Division Manager September 13, 2012 Lake Elmo City Hall City Clerk 3800 Laverne Ave. N Lake Elmo, MN 55042 Re: Tax Forfeited Parcels Lake Elmo City Clerk: Enclosed is a classification listing of non-conservation land located in your city. The parcels described in the listing forfeited to the State of Minnesota for non-payment of property taxes. I will be requesting the County Board to classify the parcels as non-conservation at a September meeting. As required under M.S. 282.01, we request that the City review and either approve the parcel(s)for public auction or auction to adjacent owners or request a conveyance to your city for an authorized public use or public purpose. We request a letter listing the parcel(s) approved for sale or to withhold from sale. If requesting a conveyance, contact us for specifics on required forms and other information. Your request(s)will be contingent upon the Department of Natural Resources' approval of the classification and sale. Please keep in mind that the previous owner may still be allowed to repurchase their forfeited property at anytime during this period. Special assessments that were levied before the forfeiture do not need to be certified to this office. They were canceled at forfeiture and will be paid from the sale price, if adequate funds are available. If the sale price is not high enough to fully pay the unpaid taxes and special assessments,some or all of the special assessments levied prior to forfeiture may be reassessed by the city. Special assessments that are levied after the forfeiture should be certified to this office. They will be added to the appraised value and paid from the sale price. Please be advised that if the City Council fails to respond within sixty(60) days of the date of this letter,the classification and sale will be deemed to be approved by the city. If you have any questions, please feel free to contact me by calling 651-430-8272 or by email at steve.gransee@co.washington.mn.us Sincerely Steve Gransee Taxpayer Services Division Manager Enc. Parcels Forfeited Listing Government Center e 14949 62nd Street North—P.O. Box 6, Stillwater, Minnesota 55082-0006 Phone: 651-430-6175 a Fax: 651-430-6178 ® TTY: 651-430-6246 www.co.washington.mn.us Equal Employment Opportunity/Affirmative Action z 51 ul Cl) THE CITY OF LAKE ELMO Q OWN.- MAYOR AND COUNCIL COMMUNICATION DATE: October 2, 2012 CONSENT ITEM#: 6 MOTION AGENDA ITEM: 2012 Seal Coat Project—Accept Improvements and Approve Pay Request No. 1 (Final) SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider accepting the improvements and approving Pay Request No. 1 (Final) in the amount of $134,727.44 for the 2012 Seal Coat Project [$51,784.88 to be reimbursed by West Lakeland Township]. STAFF REPORT: The 2012 Seal Coat Project has been fully completed. The Project Engineer has prepared a Certificate of Completion and is recommending acceptance of the improvements and release of the final retainage. The two-year warranty period will begin on October 2, 2012, and will extend to October 2, 2014. Final Payment in the amount of $134,727.44 has been requested by the Contractor, Allied Blacktop Company, based upon the work completed. The original construction contract was in the amount of $128,814.51. The additional $5,912.93 was due to an increase of 4,907 square yards of quantity on Lake Elmo streets as field measured and verified by the Project Engineer. Of the total $134,727.44 in construction cost, the City of Lake Elmo will be reimbursed $51,784.88 by West Lakeland Township (WLT) for the streets seal coated in West Lakeland under this contract. The City of Lake Elmo has been previously reimbursed $3,107.09 by WLT for engineering and administration fees. The final total project cost for the Lake Elmo Project was $91,943; $82,942.56 in construction and $9,000 for design and construction engineering services. This project came in roughly $6,733 over the Project budget due mostly to the added quantities paid as measured in the field vs. the planned quantities as measured from aerial photos. Construction engineering services also ran over budget by $500 due to numerous resident issues with construction questions. The Project budget remained within the overall City budget of$125,000 for 2012 Seal Coating. RECOMMENDATION: Staff is recommending that the City Council consider accepting the improvements and approving Pay Request No. 1 (Final) for the 2012 Seal Coat Project, as part of the Consent Agenda. The recommended motion for this action is as follows: "Move to accept the improvements and approve Pay Request No. I (Final) in the amount of $134,727.44,for the 2012 Seal Coat Project[$51,784.88 to be reimbursed by West Lakeland Township]." ATTACHMENTS: 1. Pay Request No. 1 (Final) 2. Certificate of Completion PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 1 (FINAL) FOCUSENGINEERING, inc. 2012 SEAL COAT PROJECT PERIOD OF ESTIMATE PROJECT NO. 2012.118 FROM 6/7/2012 TO 9/18/2012 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO ALLIED BLACKTOP COMPANY 3800 LAVERNE AVENUE NORTH 10503 89TH AVENUE NORTH LAKE ELMO,MN 55042 MAPLE GROVE,MN 55369 ATTN:JACK GRIFFIN,P.E.,CITY ENGINEER ATTN:PETER CAPISTRANT,PRESIDENT CONTRACT CHANGE ORDER SUMMARY PAY,ESTIMATE SUMMARY No Approval Amount 1.Original Contract Amount $128,814.51 Date Additions Deductions 2, Net Change Order Sum $5,912.93 1 9/18/2012 $5,912.93 3. Revised Contract(1+2) $134,727.44 4.*Work Completed $134,727.44 S. *Stored Materials $0.00 6.Subtotal (4+5) $134,727A4 7. Retainage* G.0% $0.00 8. Previous Payments $0.00 TOTALS $5,912.93 $0:00 9.Amount Due(6-7-8) $134,727.44 NET CHANGE $5;912 93 `Detailed Breakdown Attached CONTRACT TIME' START DATE: 6/7/2012 ORIGINAL DAYS 110 ON SCHEDULE SUBSTANTIAL COMPLETION: 8/17/2012 REVISED DAYS 0 YES L-XI FINAL COMPLETION: 9/25/2012 REMAINING 7 NO ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief,the quantities shown in this s estimate are correct and the work has been performed in accordance ENGINEER ®� with the contract documents. 1� t DATE CONTRACTOR'S CERTIFICATION: CONT ACTOR The undersigned Contractor certifies that to the best of their ,(1 knowledge,information and belief the work covered by this payment estimate has been completed in accordance with the contract BY documents,that all amounts have been paid by the contractor for / f work for which previous payment estimates was issued and payments DATE received from the owner,and that current payment shown herein is now due. APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY BY DATE DATE FOCUS Engineering,inc. PROJECT PAYMENT FORM LO co IZT oq z l71 r00 =, r�4 IH 0 00 Lf) m z < LLJ Lf) Ln C) C) z N LU z z M LIJ min z Z) VI AVM%L 9 11 >- %wo --j �7 < , N V) =) Z M r� LL 00 (n 06 < n Lu t-- < < u) uj U CJ cc CL CL < < uj z LU Lu (f) Lr) U) LI) uj LLJ ® Q 00 00 LIJ �e < 0 < Z < -z ® 00 N 0 0 t� I o LLI (N Lr� ui ui 0 LLJ < < z Lu Ln LIJ V)uj 0 Z LLJ Ln C� z C) uj LU < LLJ U P-- 5 o o 0 LLJ < W. L6 u LU — a cc 0 7> 0 �:4 0 u -j < , V) �: =) >. Lu LL < L/) 0 V) u FE O C) 0 0 Cj r,j U LL u LU rN CITY OF LAKE ELMO.MN 2012 SEAL COAT'PROJECT PROJECT NO.2012.118 CERTIFICATE OF COMPLETION DATE OF ISSUANCE: October 2, 2012 OWN-ER: CITY OF LAKE ELMO, MNN CONTRACTOR: ALLIED BLACKTOP COMPANY PROJECT NAME: 2012 SEAL COAT PROJECT PROJECT NO.: 2012.118 This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated June 5, 2012. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: October 2. 2012 Rvan W. Stem-pski Re4. ?.To. 45')95 FOCUS THE WARRANTY PERIOD BEGINS October2. 2012 AND ENDS October 2.2014 ITIF CITY OF ,k LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: October 2, 2012 CONSENT ITEM#: 7 MOTION AGENDA ITEM: I94 East Corridor Gravity Sewer—Authorize Engineering Services to prepare revised Easement Exhibit SUBMITTED Y: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Engineering Services by TKDA to prepare a revised Easement Exhibit for the Trunk Gravity Sanitary Sewer line in the I94 East Corridor. Services would be provided in accordance with the TKDA Proposal dated September 12, 2012 for an estimated amount of $2,800. STAFF REPORT: The City Engineer is recommending that the City retain Professional Engineering Services to complete a revised Easement Exhibit for the potential alternative gravity sewer route in the I94 East Corridor (Lake Elmo Avenue to Manning Avenue) for the purpose of easement negotiations. The City has previously completed engineering design work to potentially install trunk gravity sewer pipe in the area located south of loth Street and through properties near or adjacent to Lake Elmo Avenue when the City proceeds with the Village Lift Station and Forcemain project. However utility easements remain to be negotiated and acquired to accommodate the gravity pipe. Easement Exhibits exist for the initial sewer route previously designed,however alternative routing and design may be required to implement the project. It is therefore recommended that staff proceed with obtaining a revised Easement Exhibit representative of the alternative routing to increase the City's negotiating capabilities. RECOMMENDATION: Staff is recommending approval of the requested engineering services as part of the Consent Agenda. The recommended motion for this action is as follows: "Move to approve Engineering Services by TKDA to prepare a revised Easement Exhibit for the Trunk Gravity Sanitary Sewer line in the 194 East Corridor in accordance with the TKDA Proposal dated September 12, 2012./or an estimated amount of$2,800. ATTACHMENTS: 1. 194 East Corridor Sewer Plan Exhibit—Option B 2. TKDA Proposal for Engineering Services, dated September 12, 2012. 0 e b r r, � t z Segment#3 Village Lift Station and Forcemain `Zv n Option B Sewer Cost: $SA Million � r Segment#4 Lake Elmo Ave Trunk watermain '• Million Segment Alternative#2 Trunk West Gravity -' to Lake Elmo Ave � 5 4 Segm of Lift Elmo Aver $22S Segment Alternative#1 Trunk East-North Gravity' a f - � Gra Sew Sever and Water Utility Expansions.- Eastern 1-94 Corridor (Option ) l " g end 0 750 1,500 3,000 Feet Lift Station Proposed Gravity Sewer City of Lake Elmo Existing Watermain Proposed Forcemain Sewer 5-8-12 Data Source: Existing Sewer Future Gravity Sewer Washington County,MN 0 Well#1 -- Proposed Watermain 444 Ceder soomsmO 1500 � Saint pmxwus51m a51.aea*mo Mi muoxom ��0 AV � KDA September 12, 2O12 Vie Ernoi| Only: jack.griffin@8JCuSengineeringinc.conn Mr. Jack Griffin, PE City Engineer City of Lake Elmo 3MUO Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Proposal for Engineering Services Lake Elmo Avenue Infrastructure Improvements, 1-34 to 30th Street Project Easement Exhibit Dear Mr. Griffin: Pursuant to communications with you, we propose to provide Engineering Services in connection with the Lake Elmo Avenue Infrastructure Improvements, 1-94tO 30th Street Project, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in our General Agreement dated February 2, 1988. |. PROJECT DESCRIPTION The Lake Elmo Avenue Infrastructure Project oonaiutSOftheinst8||otionof000nbaryoevver |Ut station and foroann@in/gr8vitv system to convey wastewater flow from Reid Park located on 30th Street to the yWCEG connection |OC8had on Hudson Boulevard. The City has requested Engineering Services to revise the current set of construction documents for the purpose of re- bidding the Project. The revised documents will replace the current alternate b/d with 8 new alignment for the gravity connection south 0f1Uth Street, approximately 4'500 feet in length. This P/opO83| is for Engineering Services to provide 8 revised easement exhibit for the new alternative gravity sewer alignment south of1Oth Street. ||. SERVICES TO BE PROVIDED BY TKDA Based OnTKDA'8 understanding Of the Project, vvepropoaebJprnvidethefo||nvvingServi0eS: A. Determine the trench width. B� Determine permanent easement and temporary easement for the identified alignment based on existing contour information. xnemv|vmom owned componu promoting affirmative action and*«uv|vpno,mvuu Mr. Jack Griffin, PE City of Lake Elmo Proposal for Engineering Services - Easement Exhibit Lake Elmo Avenue Infrastructure Improvements, 1-94 to 30th Street Project September 12, 2012 Page 2 C. Prepare an exhibit with an aerial photograph background that identifies pertinent information suitable for preliminary discussions with the property owners. D. Revise the exhibit based on input received for no more than two variations of the alignment. III. ADDITIONAL SERVICES If authorized in writing by the City, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Meet with the City and/or property owners or other site visits. B. Survey the alignment to more accurately identify impacts. C. Stake proposed alignments. D. Review alignments in addition to those noted in SECTION II. IV. CLIENT'S RESPONSIBILITIES These responsibilities shall be as set forth in our Agreement and as further described or clarified hereinbelow: A. Designate one individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. This individual shall be identified in the signature block area of this Proposal. B. Provide TKDA with access to the site as required to perform services listed in SECTION II above. C. Provide parameters sufficient to identify the initial alignment. D. Provide parameters sufficient to identify the additional alignments. E. Provide reviews of materials furnished by TKDA in a reasonable and prompt manner so that the Project schedule can be maintained. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your written acceptance of this Proposal and to complete SECTION 11 services for each alignment within two weeks of receiving sufficient alignment parameters. Mr. Jack Griffin, PE City of Lake Elmo Proposal for Engineering Services - Easement Exhibit Lake Elmo Avenue Infrastructure Improvements, 1-94 to 30th Street Project September 12, 2012 Page 3 Vl. COMPENSATION Compensation to TKDA for services provided as described in SECTION 11 of this Proposal shall be on an Hourly Time and Materials basis in the estimated amount of$2,800. The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our control. Therefore, if it appears at any time that charges for services rendered under SECTION II will exceed the above, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Lake Elmo and the return of a signed original to us. This Proposal will be open for acceptance for 30 days, unless the provisions herein are changed by us in writing prior to that time. Sincerely, `9'= Ronald S. Quanbeck, PE William E. Deitner, PE Project Manager CEO RSQ:WED:adh ATTACHMENT: PROJECT FEE ESTIMATE ACCEPTED FOR THE CITY OF LAKE ELMO, MINNESOTA By: (signature) Printed Name/Title Date CLIENT'S DESIGNATED REPRESENTATIVE: Name/Title Phone Email TKDA Project Fee Estimate Client; City of Lake Elmo Easement Exhibit Date; 9/l2/ 0012 Project: Lake Elmo Ave. Infrastructure Project, 1-94 to 30th Street By: RSQ Est.Person Hours Task Description Task Sr Reg Eng Reg Eng Totals Billing Rate/Hr x Multiplier $ 143 $ 81 A Determine Trench Width 4 4 B Determine Easement Requirements 1 4 5 C Prepare Exhibit 3 3 D Revise Exhibit with no more than 2 Alignments Determine Trench Width Revised Alignments(2) 2 g g Determine Easement Requirements Revised Alignments(2) 2 4 6 Prepare Exhibit Revised Alignments(2) 4 4 TOTAL HOURS 5 25 30 TOTAL LABOR COST EEEEI$ 715 $ 2,025 $ 2,740 MILEAGE $ 50 TOTAL COST $ 2,790 TOTAL(ROUNDED) $ 2,800 THE c;rr v OF LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 10/02/2012 CONSENT ITEM#: 8 MOTION Consent Agenda Resolution 2012-51 AGENDA ITEM: Authorize Certification to Washington County Auditor for the Unpaid Surface Water Utility Bills SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Adam Bell, Deputy Clerk SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is respectfully asked to approve the certification of the delinquent Surface Water Utility Bills to Washington County Auditor. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has authority by Minnesota State statute 444.075, subd.3 to assess property owners for unpaid surface water utilities and services. Affected homeowners with past due balances were sent notification of the proposed assessment. Homeowners have until October 12, 2012 to pay the balance due without additional fees. STAFF REPORT: The City operated the water, sewer, and surface water under its Enterprise funds. Enterprise funds account for specific City operations that are financed and operated similar to a private business. Generally, the services are provided to identifiable beneficiaries, as well as the general public, and all or most of the costs come from user's fees. The user fees collected are utilized to operate the City's respective water, sewer, and surface water systems. Assessing the property owners listed on Exhibit A (attached) for unpaid services will assure collection of charged fees. The deadline to certify the unpaid surface water utility to Washington County is October 15, 2012. ECOMMENDATION: It is recommended the City Council authorize the certification of the delinquent surface water accounts to the Washington County Auditor. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. ATTACHMENTS: 1. Resolution 2012-51 2. Exhibit A CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-51 RESOLUTION AUTHORIZING CERTIFICATION TO THE WASHINGTON COUNTY AUDITOR FOR UNPAID SURFACE WATER UTILITY BILLS WHEREAS, Minn. Stat. 444.075, subd. 3, permits certification of unpaid charges to the county auditor for collection with taxes payable; WHEREAS, the Municipal Code for the City of Lake Elmo contains a provision to certify delinquent accounts to the County Auditor for the collection with taxes payable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA, THAT: 1. The list of delinquent accounts, a copy of which is attached hereto as Exhibit A, and made part hereof, is hereby accepted and shall be certified to the Washington County Auditor for collection with taxes payable. 2. The certified amount shall be payable over a period of one year, with interest as provided in Exhibit A. 3. The owner of the property may, at any time prior to certification to the County Auditor,pay the delinquent amount to the City Finance Director. 4. The City Finance Director shall forthwith transmit a certified duplicate of Exhibit A to the County Auditor to be extended on the property tax lists of Washington County. Such delinquent accounts shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF OCTOBER, 2012. By: Dean A. Johnston Mayor (Seal) Sandie Thane, City Clerk Resolution 2012-51 CITY OF LAKE ELMO SW Assessments October 15,2012 Past Due Account Amount Fee Total PIN 05-00000240-00-1 142.73 25.00 167.73 302921220002 05-00000250-00-4 18.13 25.00 43.13 302921220005 05-00000260-00-7 2.41 25.00 27.41 302921230002 05-00000300-00-6 69.08 25.00 94.08 402921130002 05-00000320-00-2 41.02 25.00 66.02 402921140005 05-00000340-00-8 28.21 25.00 53.21 402921410002 05-00000350-00-1 63.05 25.00 88.05 402921410003 05-00000370-00-7 1,038.91 83.11 1,122.02 1002921120002 05-00000380-00-0 268.90 25.00 293.90 1002921130002 05-00000400-00-3 69.04 25.00 94.04 1002921240031 05-00000410-00-6 294.29 25.00 319.29 1002921310001 05-00000420-00-9 637.92 51.03 688.95 1002921420001 05-00000530-00-9 38.60 25.00 63.60 1102921410003 05-00000540-00-2 24.88 25.00 49.88 1102921410004 05-00000840-00-3 41.74 25.00 66.74 1402921310002 05-00000950-00-3 170.25 25.00 195.25 1502921410001 05-00001090-00-1 5.86 25.00 30.86 2602921330004 05-00001390-00-2 154.00 25.00 179.00 3602921420001 05-00001510-00-2 50.00 25.00 75.00 102921130003 05-00001520-00-5 50.00 25.00 75.00 102921140002 05-00001530-00-8 50.00 25.00 75.00 102921140003 05-00001650-00-1 12.68 25.00 37.68 1002921440007 05-00001720-00-9 50.00 25.00 75.00 1202921410002 05-00001730-00-2 26.55 25.00 51.55 1202921410024 05-00001740-00-5 50.00 25.00 75.00 1202921420008 05-00001750-00-8 50.00 25.00 75.00 1202921420011 05-00002190-00-7 55.00 25.00 80.00 102921340002 05-00002400-00-1 55.00 25.00 80.00 202921110012 05-00002460-00-9 55.00 25.00 80.00 202921230001 05-00002560-00-6 50.00 25.00 75.00 202921410009 05-00002590-00-5 55.00 25.00 80.00 202921410012 05-00002880-00-3 55.00 25.00 80.00 302921120003 05-00003120-00-5 55.00 25.00 80.00 302921210004 05-00003310-00-6 55.00 25.00 80.00 302921310009 05-00003510-00-0 55.00 25.00 80.00 302921320018 05-00003530-00-6 50.00 25.00 75.00 302921320020 05-00003550-00-2 55.00 25.00 80.00 302921330003 05-00003710-00-4 55.00 25.00 80.00 302921340001 05-00004100-00-8 55.00 25.00 80.00 302921430010 05-00004130-00-7 55.00 25.00 80.00 302921430013 05-00004470-00-0 55.00 25.00 80.00 402921120014 05-00004530-00-5 70.00 25.00 95.00 402921210002 05-00004550-00-1 55.00 25.00 80.00 402921210005 05-00004610-00-6 55.00 25.00 80.00 402921210011 05-00004620-00-9 55.00 25.00 80.00 402921210012 05-00004640-00-5 78.84 25.00 103.84 40292121.0014 05-00004790-00-7 55.00 25.00 80.00 402921220012 05-00005050-00-5 60.00 25.00 85.00 402921230017 05-00005300-00-1 3.15 25.00 28.15 402921330001 05-00005320-00-7 15.28 25.00 40.28 402921330014 05-00005450-00-3 55.00 25.00 80.00 402921330038 05-00005530-00-4 55.00 25.00 80.00 402921330051 05-00005910-00-6 55.00 25.00 80.00 502921130004 05-00005950-00-8 55.00 25.00 80.00 502921140006 05-00006110-00-9 104.50 25.00 129.50 502921420002 05-00006340-00-2 104.50 25.00 129.50 502921420026 05-00006610-00-4 55.00 25.00 80.00 502921430025 05-00006820-00-1 55.00 25.00 80.00 502921440027 05-00007070-00-9 95.00 25.00 120.00 602920310014 05-00007630-00-9 16.64 25.00 41.64 602920320040 05-00007740-00-9 104.50 25.00 129.50 602920320051 05-00007800-00-4 55.00 25.00 80.00 602920320057 05-00008490-00-2 55.00 25.00 80.00 902921110004 05-00008620-00-5 55.00 25.00 80.00 902921110019 05-00008690-00-6 55.00 25.00 80.00 902921130004 05-00008950-00-5 55.00 25.00 80.00 902921220007 05-00009000-00-6 20.81 25.00 45.81 902921220013 05-00009010-00-9 55.00 25.00 80.00 902921220014 05-00009060-00-4 15.55 25.00 40.55 902921220023 05-00009250-00-5 55.00 25.00 80.00 902921240007 05-00009640-00-0 55.00 25.00 80.00 902921320003 05-00009680-00-2 8.40 25.00 33.40 902921320007 05-00009820-00-8 55.00 25.00 80.00 902921320022 05-00009840-00-4 55.00 25.00 80.00 902921320026 05-00010090-00-5 55.00 25.00 80.00 902921340002 05-00010200-00-2 55.00 25.00 80.00 902921340013 05-00010210-00-5 55.00 25.00 80.00 902921340014 05-00010570-00-4 55.00 25.00 80.00 902921420014 05-00010740-00-9 50.00 25.00 75.00 902921430005 05-00010870-00-5 55.00 25.00 80.00 902921430018 05-00010940-00-3 55.00 25.00 80.00 902921430025 05-00010980-00-5 50.00 25.00 75.00 902921430029 05-00011060-00-5 60.50 25.00 85.50 902921440006 05-00011100-00-4 55.00 25.00 80.00 902921440010 05-00011190-00-1 55.00 25.00 80.00 902921440019 05-00011200-00-1 104.50 25.00 129.50 902921440020 05-00011260-00-9 55.00 25.00 80.00 902921440026 05-00011310-00-1 49.50 25.00 74.50 1002921140007 05-00011360-00-6 16.67 25.00 41.67 1002921210007 05-00011420-00-1 55.00 25.00 80.00 1002921210014 05-00011510-00-5 55.00 25.00 80.00 1002921210023 05-00011760-00-4 99.00 25.00 124.00 1002921240009 05-00011790-00-3 55.00 25.00 80.00 1002921240012 05-00011970-00-1 55.00 25.00 80.00 1002921310004 05-00012100-00-3 73.99 25.00 98.99 1002921320005 05-00012170-00-4 9.38 25.00 34.38 1002921430005 05-00012190-00-0 55.00 25.00 80.00 1002921410015 05-00012220-00-6 50.00 25.00 75.00 1002921430002 05-00012230-00-9 7.50 25.00 32.50 1002921430003 05-00012250-00-5 189.92 25.00 214.92 1002921410003 05-00012350-00-2 55.00 25.00 80.00 1102921230003 05-00012400-00-4 55.00 25.00 80.00 1102921310002 05-00012520-00-7 104.50 25.00 129.50 1102921330019 05-00012580-00-5 88.00 25.00 113.00 1102921340012 05-00012620-00-4 55.00 25.00 80.00 1102921340016 05-00012850-00-7 55.00 25.00 80.00 1102921430009 05-00012930-00-8 104.50 25.00 129.50 1102921430017 05-00013170-00-3 55.00 25.00 80.00 1202921110030 05-00013490-00-0 155.00 25.00 180.00 1202921140013 05-00013610-00-0 55.00 25.00 80.00 1202921210003 05-00013930-00-7 50.00 25.00 75.00 1202921410030 05-00014000-00-4 55.00 25.00 80.00 1202921420019 05-00014010-00-7 104.50 25.00 129.50 1202921420020 05-00014050-00-9 55.00 25.00 80.00 1202921420024 05-00014070-00-5 55.00 25.00 80.00 1202921420026 05-00014120-00-7 104.50 25.00 129.50 1202921420031 05-00014190-00-8 55.00 25.00 80.00 1202921420038 05-00014270-00-9 55.00 25.00 80.00 1202921420046 05-00014360-00-3 3.61 25.00 28.61 1202921440009 05-00014680-00-0 55.00 25.00 80.00 1302921230056 05-00014740-00-5 55.00 25.00 80.00 1302921240005 05-00014750-00-8 55.00 25.00 80.00 1302921240006 05-00015020-00-9 95.00 25.00 120.00 1302921320036 05-00015290-00-4 50.00 25.00 75.00 1302921320084 05-00015300-00-4 55.00 25.00 80.001302921320089 05-00015450-00-6 104.50 25.00 129.50 1302921330018 05-00015470-00-2 104.50 25.00 129.50 1302921330020 05-00015500-00-8 55.00 25.00 80.00 1302921330024 05-00015860-00-7 104.50 25.00 129.50 1302921340025 05-00015980-00-0 55.00 25.00 80.00 1302921430007 05-00016130-00-8 55.00 25.00 80.00 1402921210014 05-00016420-00-6 3.23 25.00 28.23 1402921320015 05-00016430-00-9 55.00 25.00 80.00 1402921320016 05-00016530-00-6 104.50 25.00 129.501402921410012 05-00016570-00-8 55.00 25.00 80.00 1402921410016 05-00016580-00-1 55.00 25.00 80.00 1402921410018 05-00016630-00-3 104.50 25.00 129.501402921410027 05-00016790-00-8 55.00 25.00 80.00 1402921440012 05-00016870-00-9 104.50 25.00 129.50 1402921440020 05-00017040-00-3 55.00 25.00 80.00 1502921310004 05-00017120-00-4 2.33 25.00 27.331502921320003 05-00017210-00-8 55.00 25.00 80.00 1502921320018 05-00017230-00-4 104.50 25.00 129.50 1502921320020 05-00017250-00-0 55.00 25.00 80.00 1502921320022 05-00017300-00-2 55.00 25.00 80.00 1502921320027 05-00017320-00-8 55.00 25.00 80.00 1502921320031 05-00017470-00-0 55.00 25.00 80.00 1502921330018 05-00017530-00-5 55.00 25.00 80.00 1502921330027 05-00017540-00-8 3.60 25.00 28.60 1502921330029 05-00017610-00-6 55.00 25.00 80.001502921340002 05-00017650-00-8 55.00 25.00 80.00 1502921340007 05-00017660-00-1 55.00 25.00 80.00 1502921420003 05-00018000-00-0 104.50 25.00 129.501602921140005 05-00018250-00-9 104.50 25.00 129.50 1602921140031 05-00018330-00-0 55.00 25.00 80.00 1602921210003 05-00018500-00-5 104.50 25.00 129.50 1602921210020 05-00018670-00-3 55.00 25.00 80.001602921220016 05-00018780-00-3 60.50 25.00 85.50 1602921220029 05-00018790-00-6 8.30 25.00 33.301602921220030 05-00019020-00-5 55.00 25.00 80.00 1602921410012 05-00019260-00-1 104.50 25.00 129.50 2102921120009 05-00019360-00-8 55.00 25.00 80.00 2102921120022 05-00019500-00-4 60.50 25.00 85.50 2102921120038 05-00019620-00-7 104.50 25.00 129.50 2102921120050 05-00019700-00-8 55.00 25.00 80.00 2102921130004 05-00019790-00-5 55.00 25.00 80.00 2102921130014 05-00019830-00-4 104.50 25.00 129.50 2102921130019 05-00019990-00-9 104.50 25.00 129.50 2102921210001 05-00020220-00-1 55.00 25.00 80.00 2102921220007 05-00020320-00-8 55.00 25.00 80.00 2102921230007 05-00020450-00-4 55.00 25.00 80.00 2102921240006 05-00020530-00-5 104.50 25.00 129.50 2102921330003 05-00020590-00-3 55.00 25.00 80.00 2102921330009 05-00020640-00-5 55.00 25.00 80.00 2102921330014 05-00020670-00-4 55.00 25.00 80.00 2102921340004 05-00020900-00-4 55.00 25.00 80.00 2202921220012 05-00020920-00-0 55.00 25.00 80.00 2202921220014 05-00020960-00-2 55.00 25.00 80.00 2202921220019 05-00021100-00-7 14.32 25.00 39.32 2402921110006 05-00021160-00-5 55.00 25.00 80.00 2402921110012 05-00021260-00-2 104.50 25.00 129.50 2402921110024 05-00021290-00-1 55.00 25.00 80.00 2402921120003 05-00021530-00-4 55.00 25.00 80.00 2402921120036 05-00021710-00-2 55.00 25.00 80.00 2402921140010 05-00021760-00-7 24.00 25.00 49.00 2402921210007 05-00022210-00-6 55.00 25.00 80.00 2402921310004 05-00022350-00-5 55.00 25.00 80.00 2402921320003 05-00022360-00-8 5.33 25.00 30.33 2402921320004 05-00022600-00-1 104.50 25.00 129.50 2402921330012 05-00022680-00-5 55.00 25.00 80.00 2402921420003 05-00022900-00-2 55.00 25.00 80.00 2402921420025 05-00022980-00-6 55.00 25.00 80.00 2402921430009 05-00023540-00-5 50.00 25.00 75.00 2502921330005 05-06023560-00-1 55.00 25.00 80.00 2502921330007 05-00023740-00-9 50.00 25.00 75.00 2502921340006 05-00023920-00-7 55.00 25.00 80.00 2602921110002 05-00023930-00-0 55.00 25.00 80.00 2602921330001 05-00023940-00-3 50.00 25.00 75.00 2602921330002 05-00023980-00-5 104.50 25.00 129.50 2602921430002 05-00024150-00-9 236.50 25.00 261.50 2702921340005 05-00024180-00-8 55.00 25.00 80.00 2702921420004 05-00024230-00-0 50.00 25.00 75.00 2702921420013 05-00024510-00-5 95.00 25.00 120.00 2802921130001 05-00024580-00-6 55.00 25.00 80.00 2802921130012 05-00024700-00-6 55.00 25.00 80.00 2802921140008 05-00024830-00-2 104.50 25.00 129.50 2802921440002 05-00024870-00-4 55.00 25.00 80.00 3402921120004 05-00024970-00-1 55.00 25.00 80.00 3402921210005 05-00025020-00-2 104.50 25.00 129.50 3402921210010 05-00025110-00-6 55.00 25.00 80.00 3402921220002 05-00025260-00-8 55.00 25.00 80.00 3402921230008 05-00025270-00-1 55.00 25.00 80.00 3402921230009 05-00025590-00-8 55.00 25.00 80.00 3502921120004 05-00025600-00-8 55.00 25.00 80.00 3502921140003 05-00025820-00-8 55.00 25.00 80.00 3502921440007 05-00025850-00-7 50.00 25.00 75.00 3602921320006 05-00025930-00-8 55.00 25.00 80.00 102921110013 05-00025940-00-1 50.00 25.00 75.00 102921110015 05-00025950-00-4 50.00 25.00 75.00 102921110016 05-00025960-00-7 55.00 25.00 80.00 102921110017 05-00025980-00-3 50.00 25.00 75.00 102921120011 05-00026070-00-6 50.00 25.00 75.00 102921130015 05-00026130-00-1 50.00 25.00 75.00 102921130021 05-00026150-00-7 50.00 25.00 75.00 102921130023 05-00026260-00-7 104.50 25.00 129.50 102921130036 05-00026360-00-4 50.00 25.00 75.00102921140014 05-00026430-00-2 55.00 25.00 80.00 102921140023 05-00026460-00-1 50.00 25.00 75.00 102921440005 05-00026990-00-5 55.00 25.00 80.00 402921330015 05-00027060-00-2 185.00 25.00 210.00 702920220004 05-00027070-00-5 185.00 25.00 210.00 702920230010 05-00027090-00-1 50.00 25.00 75.00 802921140017 05-00027240-00-0 11.33 25.00 36.33 902921240018 05-00027350-00-0 60.50 25.00 85.501002921240008 05-00027410-00-5 50.00 25.00 75.00 1002921410016 05-00027530-00-8 17.69 25.00 42.69 1002921440005 05-00027540-00-1 203.74 25.00 228.74 1002921440006 05-00027620-00-2 66.50 25.00 91.501002921440015 05-00027630-00-5 80.00 25.00 105.00 1002921440016 05-00028060-00-1 55.00 25.00 80.00 1102921330021 05-00028070-00-4 55.00 25.00 80.00 1102921330022 05-00028190-00-7 185.00 25.00 210.00 1202921120002 05-00028260-00-5 2,070.72 165.66 2,236.381202921130012 05-00028280-00-1 46.23 25.00 71.23 1202921140004 05-00028290-00-4 50.00 25.00 75.00 1202921140005 05-00028300-00-4 155.00 25.00 180.00 1202921140009 05-00028350-00-9 50.00 25.00 75.00 1202921420010 05-00028360-00-2 50.00 25.00 75.00 1202921420012 05-00028370-00-5 185.00 25.00 210.00 1202921420014 05-00028380-00-8 7.48 25.00 32.48 1202921420048 05-00028390-00-1 18.62 25.00 43.62 1202921430012 05-00028400-00-1 185.00 25.00 210.00 1202921430013 05-00028420-00-7 152.65 25.00 177.65 1202921430015 05-00028570-00-9 50.00 25.00 75.00 1302921320085 05-00028650-00-0 55.00 25.00 80.00 1402921230004 05-00029090-00-9 55.00 25.00 80.00 2202921220026 05-00029190-00-6 50.00 25.00 75.00 2302921120001 05-00029210-00-9 95.00 25.00 120.00 2402921110004 05-00029220-00-2 95.00 25.00 120.00 2402921120018 05-00029230-00-5 95.00 25.00 120.00 2402921120019 05-00029240-00-8 95.00 25.00 120.00 2402921120020 05-00029250-00-1 95.00 25.00 120.00 2402921120021 05-00029260-00-4 95.00 25.00 120.00 2402921120022 05-00029270-00-7 84.23 25.00 109.23 2402921130004 05-00029280-00-0 95.00 25.00 120.00 2402921140005 05-00029290-00-3 151.80 25.00 176.80 2402921220003 05-00029330-00-2 44.05 25.00 69.05 2502921320002 05-00029340-00-5 115.11 25.00 140.11 2502921320004 05-00029350-00-8 17.90 25.00 42.90 2502921320005 05-00029360-00-1 6.33 25.00 31.33 2502921320006 05-00029370-00-4 43.38 25.00 68.38 2502921320007 05-00029410-00-3 50.00 25.00 75.00 2702921410003 05-00029420-00-6 50.00 25.00 75.00 2702921410004 05-00029520-00-3 50.00 25.00 75.00 2702921420002 05-00029530-00-6 50.00 25.00 75.00 2702921420003 05-00029550-00-2 50.00 25.00 75.00 2702921420007 05-00029560-00-5 50.00 25.00 75.00 2702921420008 05-00029580-00-1 50.00 25.00 75.00 2702921430004 05-00029590-00-4 50.00 25.00 75.00 2702921430005 05-00029600-00-4 50.00 25.00 75.00 2702921430006 05-00029610-00-7 50.00 25.00 75.00 2702921430007 05-00029630-00-3 50.00 25.00 75.00 2702921430011 05-00029640-00-6 50.00 25.00 75.00 2702921430012 05-00029650-00-9 50.00 25.00 75.00 2702921430013 05-00029680-00-8 50.00 25.00 75.00 2702921440005 05-00029690-00-1 50.00 25.00 75.00 2702921440006 05-00029700-00-1 50.00 25.00 75.00 2702921440007 05-00029710-00-4 50.00 25.00 75.00 2702921440008 05-00029720-00-7 50.00 25.00 75.00 2702921440009 05-00029800-00-8 5.27 25.00 30.27 2802921120002 05-00029810-00-1 43.96 25.00 68.96 2802921120003 05-00029820-00-4 68.85 25.00 93.85 2802921130003 05-00029830-00-7 52.45 25.00 77.45 2802921130004 05-00029940-00-7 95.00 25.00 120.00 3602921330006 05-00029970-00-6 129.89 25.00 154.89 3602921120001 05-00029980-00-9 1,038.68 83.09 1,121.77 3602921130001 05-00029990-00-2 2,049.80 163.98 2,213.78 3602921210001 05-00030000-00-4 656.78 52.54 709.32 3602921210001 05-00030010-00-7 518.47 41.48 559.95 3602921230001 05-00030020-00-0 518.78 41.50 560.28 3602921230002 05-00030030-00-3 1,037.20 82.98 1,120.18 3602921240001 05-00030060-00-2 832.02 66.56 898.58 3302921440036 05-00030080-00-8 2,278.38 182.27 2,460.65 302921210003 05-00030610-00-9 17.68 25.00 42.68 1302921320048 05-00030620-00-2 17.68 25.00 42.68 1302921320049 05-00030680-00-0 11.53 25.00 36.53 1602921410017 05-00030690-00-3 11.53 25.00 36.53 1602921410018 05-00030780-00-7 4.77 25.00 29.77 1602921410029 05-00030820-00-6 314.69 25.18 339.87 1602921420002 05-00030990-00-4 1,465.95 117.28 1,583.23 3302921420015 05-00031190-00-7 9.80 25.00 34.80 3302921440023 05-00031350-00-9 794.75 63.58 858.33 3402921340004 05-00031600-00-5 1,101.09 88.09 1,189.18 202921210003 05-00031810-00-2 110.66 25.00 135.66 402921140004 05-00031830-00-8 27.80 25.00 52.801102921230001 05-00031840-00-1 27.68 25.00 52.681102921230007 05-00031910-00-9 160.67 25.00 185.67 3402921130001 05-00031930-00-5 45.97 25.00 70.97 3402921430002 05-00031940-00-8 136.82 25.00 161.82 3502921220001 35,876.96 8,908.33 44,785.29 THE CITY OF LAKE MAYOR AND COUNCIL COMMUNICATION DATE: 10/02/2012 CONSENT ITEM#: 9 OTION Consent Agenda AGENDA ITEM: Approve Resolution of JPA with the City of Hugo SUBMITTED BY: Rick Chase, Building Official THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Sandie Thone, City Clerk SUMMARY AND ACTION REQUESTED: As part of the Consent Agenda City Council is respectfully requested to approve Resolution 2012-48 for the City of Lake Elmo to enter in a joint powers agreement with the City of Hugo for administration of the State Building Code as needed. STAFF REPORT: With the hiring of the Rick Chase as the cities Building Official, there are times due to schedule, that additional inspection services are required. The city will be joining a pool of certified Building officials to provide for coverage as needed. In addition please find the attached proposed Joint Powers Agreement between the City of Lake Elmo and the City of Hugo outlining the services and fees for the administration of the State Building Code. RECOMMENDATION: Staff recommends that the City Council approve Resolution 20I2-48 a Joint Powers Agreement between the City of Hugo and the City of Lake Elmo to provide mutual assistance and cooperation in providing building inspection services, in the event the building official is unavailable. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-48 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR BUILDING SERVICES BETWEEN THE CITY OF HUGO AND THE CITY OF LAKE ELMO WHEREAS, the City of Lake Elmo and the City of Hugo employ building officials on staff but encounter periods when the official/inspector cannot perform the daily duties of the position, and; WHEREAS, the above referenced participating cities agree to enter into a Joint Powers Agreement pursuant to the authority granted under Minnesota Statues section 471.59 to enable the parties to submit building inspectors to a general pool to be administered by the City of Hugo in order to allow participating cities to utilize inspectors from that pool to perform building inspections as needed. NOW THEREFORE BE IT RESOLVED, that the City of Lake Elmo has approved entering into a Joint Powers Agreement for Building Services administered by the City of Hugo. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THIS SECOND DAY OF OCTOBER 2012. CITY COUNCIL CITY OF LAKE ELMO By: Dean A. Johnston Mayor ATTEST: Sandie Thone City Clerk Resolution 2012-44 JOINT POWERS AGREEMENT ESTABLISHING SHARING OF BUILDING INSPECTION SERVICES THIS JOINT POWERS AGREEMENT ("Agreement"), is made and entered into as of the day of , 2012, by and between the City of Hugo, a municipal corporation and a WITNESSETH: WHEREAS,the above-referenced Cities ("participating City") desire to provide mutual assistance and cooperation in furnishing building inspection services. WHEREAS, the above referenced participating cities desire to enter into a joint powers agreement pursuant to the authority granted under Minnesota Statutes sections 471.59 to enable the parties to submit building inspectors to a general pool to be administered by the City of Hugo in order to allow the participating cities and other cities to utilize inspectors fiom that pool to perform building inspections when and as needed. NOW THEREFORE, in consideration of the mutual terms, covenants, warranties and conditions set forth, the Parties hereto, intending to be legally bound hereby, mutually agree as follows: ARTICLE I A. Each participating city shall at all times have an appointed Building Official registered by the State of Minnesota. Each City's designated Building Official may choose to provide certified building inspector(s), licensed by the State of Minnesota as `Building Official" or `Building Official Limited," for participation in rendering building inspection services and may withdraw any names previously supplied. The participating Building Inspectors will be included in a pool of available building inspectors to be drawn upon by any other participating city choosing to utilize those services according to the then current term sheet attached as Exhibit A hereto; and; B. Participating Building Inspectors shall conduct only those inspections for which they are licensed and qualified, and; C. The City of Hugo shall maintain the names, phone numbers, email addresses and Minnesota License Information, of the current pool of building inspectors available to perform building inspection services and shall provide the list to all participating cities upon request or when inspector names are added or deleted, and; D. Participating building inspectors shall only perform building inspection services and shall not conduct plan reviews, collect fees or issue permits, and; E. The City of Hugo shall not be responsible for administering or securing payment between participating cities. Payment shall be made according to the term sheet attached as Exhibit A, and, F. The City of Hugo will provide a method for participating Building Officials to communicate their inspection needs. Upon receiving a request for building inspection services from a participating city, the City of Hugo will make that request available to other participating cities. Arrangements for inspection services may occur between participating cities without involvement from the City of Hugo. G. Inspectors that are provided to the pool from any City shall take direction from the Building Official within the City that the inspection occurs. The inspector shall provide the required documentation of the inspection along with any correction notices. ARTICLE II Liability. For the purposes of the Minnesota Municipal Tort Liability Act, (Minnesota Statutes, Chapter 466), a building inspector providing services under this Agreement shall be deemed to be an employee of the party for which the services are being performed. The party performing the building inspection services agrees to defend and indemnify the party providing the building inspector against any claims brought or actions filed against the party providing the building inspector for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of any services pursuant to this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The Limits of liability for the parties may not be added together to determine the maximum amount of liability for any party. The intent of this provision is to impose on each party a limited duty to defend and indemnify the other party for claims subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Nothing herein shall be construed to provide insurance coverage or indemnification to an employee of any party for any act or omission for which the employee is guilty of malfeasance in office, willful neglect of duty, or bad faith. Hold Harmless. Each party agrees that it shall indemnify and save harmless, protect and defend the other party, its employees and agents from any or all liability, suits or demands, including the legal defense thereof, for bodily injuries, including death, or property damages, including loss of use arising out of any activity by itself or its employees and agents under this Agreement. 2 Workers' Compensation. Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing services pursuant to this Agreement. Each party waives the right to sue the other party for any workers' compensation benefits paid to its own employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the other party or its officers, employees, or agents. ARTICLE III Authoritv, Binding Effect. Both parties represent and warrant that the individuals executing this Agreement on behalf of each of the parties have the full power and authority to execute and perform this Agreement, and this Agreement constitutes a legal, valid and binding obligation enforceable in accordance with its terms. ARTICLE IV Successors. All terms, covenants, and conditions of this Agreement shall be binding upon, and insure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. This Agreement and the rights and obligations of any party hereunder shall not be assignable except with the written consent of the other party hereto, which consent shall not be unreasonably withheld. Severabiiity. This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, for any reasons and to any extent,be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the extent permitted by law. Termination. Any party may terminate its participation in this agreement at any time upon written notice provided however that the provisions of Articles 11, 1I1, and IV shall survive termination to the full extent needed for the protection of all parties. Waivers and Amendments. This Agreement may be amended or superseded, and its terms or covenants hereof may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of the breach of any term or covenant contained in this Agreement or in any other such instrument, whether by conduct or otherwise, in anyone or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any breach, or a waiver of the breach of any other term or covenant contained herein. Updates to the teen sheet attached as Exhibit "A" may be made annually by the City of Hugo with general consensus among participating cities to ensure proper management and coordination of the pool. 3 F'oree 1'!'Iaieure. Neither party shall be held responsible for performance of this Agreement if the party's performance is prevented by acts or events beyond the party's reasonable control, including but not limited to: severe weather and storms, earthquake or other natural occurrences, strike and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative,judicial, executive or administrative authorities. Entire Agreement. It is understood and agreed that this entire Agreement contains, supersedes and replaces any and all agreements and negotiations, whether oral or written, between the parties relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below: THE CITY OF HUGO BY: Bryan Bear, City Administrator DATE: BY: Fran Miron, Mayor DATE: IINSERT PARTY] BY: DATE: BY: DATE: 4 BUILDING INSPECTOR SERVICES 'TERM SHEET July 20, 2012 1. The City of Hugo will establish an e-mail list including all participating Building Officials. 2. Any member of the pool may request inspection services from other members of the pool at any time via the e-mail list, or by other means. The request for inspection services should include the time, date, and nature of the inspection(s). 3. Each participating Building Official should evaluate their workload before offering an inspector to provide the service. Any inspector that is provided is expected to perform the inspection according to the directions provided by the receiving City's Building Official, and shall arrive on time for the scheduled inspections. 4. Fees in the amount of$43.00 per hour and mileage at the rate of$0.555/mile, shall be payable to the providing city within 30 days of receipt of an invoice for the inspection services. The hourly rate is the average metro rate for a building inspector determined by the League of MN Cities annual survey multiplied by a factor of 1.4, then rounded to the nearest whole dollar. The mileage rate is that which is allowed in the most recent IRS determination. Participating cities may at their option, exchange services in lieu of paying the rates stated. 5. The building inspector shall only perform building inspection services and shall not conduct plan reviews, collect fees or issue permits. The Building.Inspector shall provide to the receiving Building Official a copy of the proper inspection report with any correction notices. 6. The requesting City shall ensure that the building inspector has access to the improvements to be inspected to eliminate the need for multiple trips. In addition, the inspector shall have proper instructions from the Building Official and access to files and other important information that is needed for the inspection. The building inspector shall not be called upon to resolve disputes between the requesting city and the property owner or to render opinions reasonably judged by the inspector to be outside his area of expertise 7. The building inspector shall be entitled to decline any inspection which in his reasonable judgment may jeopardize human life, safety or welfare. The building inspector will coordinate with requesting city personnel as reasonably requested. 8. If the building inspector is required to offer testimony in connection with any work done or observations made, then the requesting city shall compensate the building inspector at then current rates. 9. The building inspector shall always conduct himself in a professional manner in any participating City, and shall be polite and respectful of contractors, residents, and their properties. 5 6 THF CITY OF LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 9/26/2012 CONSENT ITEM#: 10—$Fiscal Impact MOTION AGENDA ITEM: Demontreville Park Player Benches & Fence SUBMITTED BY: Michael Bouthilet THROUGH: Dean Zuleger REVIEWED BY: Cathy Bendel/Parks Commission SUMMARY AND ACTION REQUESTED: Colin Fischer, an Eagle Scout Candidate, proposed an improvement project to the Lake Elmo Parks Commission. His project proposal is to re-establish the infield surface standard dimensions, add bases, player benches, and foul line fencing for the safety/protection of players on the bench. BACKGROUND INFORMATION: The current infield has been encroached by grass and could use re-definition. The player benches are older wood models that could use an upgrade. Our current practice is when we improve the benches; we also fence the area between the bench and the field to protect players seated from foul or errant balls. STAFF REPORT: Colin Fischer's project details, has his volunteers sod cutting, digging out a defined infield, installing the player benches, bases, and posts for the fencing. The Public Works Department will add and grade new infield material (park maintenance budget) and string the fence. The Parks Commission approved a CIP funding for the benches and the fences. Three quotes were obtained for the 15 foot aluminum benches with back rests as follows: • Tomark Sports....................$1,015.85 (tax & shipping incl.) ® MN/WI Playgrounds............$1,199.00 (tax & shipping incl.) ® Miracle Recreation...............$1,355.18 (tax & shipping Incl.) Two quotes were obtained for 2ea.30 foot sections of green vinyl coated sections of fence as follows: ® Midwest Fence..................$1,196.00 • Sterling Fence....................$1,892.00 ECOMMENDATION: To purchase the player benches from Tomark for $1,015.85 and fencing from Midwest Fence for $1,196.00 ATTACHMENTS Tomark quote. Midwest Fence quote. Quotation Repeat Printout Document Number: 20459888 _ 70MSMRM P.O. Number : Bench w/back NJ my ow Doc.Creation Date: 09/11/2012 Customer Number: 2024273 P.O. Box 1088, Corona, CA 92878 Sales Re : Allison Bickel TEL: 1 800 959 1844 FAX: 1 800 986 6275 Come Visit us at www.tomark.com Ordered by : Mike Bouthilet Customer#:2024273 Ship To: Lake Elmo Public Works Sold To:LAKE ELMO PARK DEPT 3445 Ideal Ave North 3800 LAVERNE AVE N LAKE ELMO MN 55042 LAKE ELMO MN 55042 Payer: LAKE ELMO PARK DEPT 3800 LAVERNE AVE N LAKE ELMO MN 55042 Item Item Delivery SKU Color/ Qtyl unit Extended Number Description DT(S) Team/ uoM Price Price _ - — ---- ---- — — - —Size -- -- K10722 15'Surface Mount Bench w/Back 09/18/2012 BEPH15 2EA 387.75 775.50 Check your quote atwww.tomark.com/?&Prog ram ID=20459888&zip=55042 Merchandise Other. Freight> Sales Tax Payment/Credit Total Order Amount Sub Total I Applied $ 775.50 $ 0.00 $ 175.00 $ 65.35 $ 0.00 $ 1,015.85 -- - - - — $ - 35 -- — -- Pagel of 1 ESTIMATE / ORDER Gopher state(1)Call ID#464 Ticket# u 3 � z Nearest Intersecting Street �.. ;cvl,Ari�l .rc� � Hudson Page# Hudson Grid# �.625 E.Villaume Ave. � � �.,,. Township County So. St. Paul,MN 55075 Phone: 651-451-2222 Fax: 651-451-6939 Company: Lake Elmo Public Works Bill To: Date: 9/12/2012 Address: 3800 Laverne Avenue North Address: Job No: City: Lake Elmo State: MN Zip:55042 City: State: Zip: Estimator: David Reiss Contact: Mike P.O. Job Site Address: Work Phone 651-248-7828 Terms Down Payment Fax#: Progress Payment Other Phone Bat on Completion Quantity Description Amount 60 Iinear feet of 6'high galvanized chain link fence. Fence fabric 9 gauge galvanized. Top rail 1-5/8"O.D.SS30. Line posts 2-1/2"O.D.SS30 Terminal posts 3"O.D.SS30 All fittings,ties,nuts,and bolts included. Material Only$974.00 60 linear feet of 6'high vinyl coated chain link fence. All specifications same as above. Material Only$1,196.00 Customer Pick Up at Midwest Fence. A Service charge of 1.5%(18%annually)will be applied on all past due balances.The purchaser shall be responsible for any and all collection and legal costs incurred by Midwest MATERIALS AND INSTALLATION $ Commercial Fence in the event of this bill becomming past due.Midwest Fence reserves the right to lien the improved property if payment in full as agreed to in this contract is not THIS ESTIMATE VAUD FOR 30 TAX received. DAYS FROM ABOVEDATE TOTAL $ Owner responsible for establishing correct property and fence lines.Any permits required shall be the sole responsibility of the owner.Owner responsible for removal of obstructions of every nature which will interfere with the installation of the fence.This contract assumes normal ground conditions.Should rocky or excessive hard digging be encountered,owner agrees to pay additional costs of such work.Midwest Fence shall furnish only the materials and labor specified in this contract.Any changes made from the above specifications will be billed at Midwest Fence's current retail prices. TNIS CONTRACT SUBJECT TO ACCEPTANCE BY MIDWEST FENCES CREDIT MANAGER. I accept this contract on behalf of Midwest Commercial Fence Customer Signature Date Credit Manager Date Salesperson Signature Date www.midwestfence,com THE CITY OF l MAYOR AND COUNCIL COMMUNICATION DATE: October 2, 2012 IMPROVEMENT HEARING ITEM #: 11 RESOLUTIONS AGENDA ITEM: Keats Avenue North: MSA Street and Trunk Watermain Improvements— Public Improvement Hearing; Resolution No. 2012-42 Ordering Improvement and the Preparation of Plans and Specifications SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED Y: Ryan Stempski, Assistant City Engineer Sandie Thone, City Clerk Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: The city council is respectfully requested to open the Public Improvement Hearing for the Keats Avenue North: MSA Street and Trunk Watermain Improvements; and following the hearing, consider adopting Resolution 2012-42 ordering the improvement and the preparation of plans and specifications. BACKGROUND INFORMATION: The Public Improvement Hearing for this project was opened on March 6, 2012 and subsequently continued until August 21, 2012. Following the Hearing, a vote of the City Council resulted in a 3-1 vote in favor of ordering the improvement and the preparation of plans and specifications. However, a 4/5ths majority vote of all council members is required to order the improvement. Therefore, the project has been scheduled and noticed to be Re-Heard on October 2 when it is anticipated that the full council will be in attendance. STAFF REPORT: Pursuant to Minnesota Statutes, Sections 429.011 to 429.111, a Public Improvement Hearing was noticed for October 2, 2012, to consider making the following improvements: ® Street Reconstruction of Keats Avenue North, from 47th Street N. to Trunk Highway 36. • Install 16-inch diameter Trunk Watermain from Julep Avenue (Tapestry Development) along 47th Street, then north along Keats Avenue to 59th Street(Rock Point Church). The attached notice was published in the official newspaper and individual notifications were sent to each address that potentially will be impacted by these improvements. An Amended Feasibility Report for the Keats Avenue North: MSA Street and Trunk Watermain Improvements, dated August, 2012, was approved by the City Council on August 21, 2012. The improvements include: ® The street reconstruction of Keats Avenue North as an Urban Section Road meeting state aid standards at 32 feet from back of curb to back of curb with concrete curb and gutter. The Estimated Total Project Cost is $1,297,000. ® The installation of a 16-inch Trunk Watermain pipe connecting the existing watermain lines in the Tapestry development and Rock Point Church. The Estimated Total Project Cost is $1,028,000. The detailed findings of the report, project cost details, and associated assessment impacts are included in the Feasibility Report and will be presented at the meeting. This Report is available for review at City Hall. FUNDING: Should the improvements be ordered, the project will be partially financed through special assessments. The Lake Elmo City Council adopted an assessment policy, dated November 16, 2010. The proposed assessments in the Report are consistent with this assessment policy. The project can be funded using special assessments as well as lateral benefit charges, Municipal State Aid Funds, DEED Water System Grant Funds, and Water Enterprise Funds. For the Street Improvements of Keats Avenue North, the project can be primarily funded using the city's municipal state aid construction fiends. In addition, there are 22 properties that are proposed to be specially assessed with an estimated unit assessment amount of$3,400. The City cost share for use of state aid funds is therefore $1,222,200. The trunk watermain improvement project is being installed as a part of the community wide integrated water system. Therefore, the watermain extension project will be primarily funded using the City's $1.0 million DEED water system grant with matching funds from the city's Water Enterprise Fund. These funds must be expended prior to December 31, 2014. Similar to a collector street improvement project, a local benefit will be realized by the properties adjacent to the trunk watermain line. It is recommended that the city consider assessing a water lateral benefit charge in the amount of$5,800 to those 22 properties. RECOMMENDATION: Staff is recommending that the City Council approve Resolution 2012-42, thereby ordering the improvement and the preparation of plans and specifications. Ordering a 429 Public Improvement project without a resident petition requires a super majority 4/5 vote. The suggested motion is as follows: "Move to approve Resolution No. 20I2-42, ordering the Improvement and the preparation of the flans and Specifications,for the Feats Avenue North:MSA Street and Trunk Watermain Improvements." ATTACHMENTS: 1. Resolution 2012-42 2. Notice of Hearing and Preliminary Assessment Rolls 3. Keats Avenue North: MSA Street and Trunk Watermain Improvements Feasibility Report, as Amended(available for review at City Hall) CITY OF LADE ELMO WASHINGTON COUNTY STATE OF MINNESOTA SOLUTION 2012-42 A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE KEATS AVENUE NORTH: MSA STREET AND TRUNK WATERMAIN IMPROVEMENTS WHEREAS, pursuant a resolution of the City Council adopted the 8th day of February, 2012,the Council ordered a hearing on Improvement for the Keats Avenue north: MSA Street and Trunk Watermain Improvements, and WHEREAS, ten days' mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the second day of October, 2012, at which all persons desiring to be heard were given the opportunity to be heard thereon, WHEREAS, the feasibility report, as amended and dated August 2012 states that the project is necessary,cost-effective,and feasible, NOW,THEREFORE,BE IT RESOLVED, 1. Such improvement is deemed necessary, cost-effective, and feasible as detailed in the Feasibility Report as amended. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the second day of October,2012. 3. The City Engineer is hereby designated as the engineer for this improvement. The engineer shall oversee the preparation of the Plans and Specifications for the making of such improvement. 4. The City Engineer shall retain the services of a consulting engineering firm to assist, where needed,to prepare Plans and Specifications for the making of such improvement, and to assist the City Engineer during the construction phase of the improvement as requested. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. ADOPTED BY THE COUNCIL THIS SECOND DAY OF OCTOBE ,2012. CITY OF LAKE ELMO CITY COUNCIL (Seal) By: Dean A. Johnston,Mayor Sandie Thone,City Clerk Resolution No. 2012-42 1 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w 0 0 0 0 0 ® O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q � O O O O O O O 0 0 0 0 O C C O 0 0 0 0 O O O O W CO OO O0 W 00 00 00 00 00 00 00 Ol 00 00 00 00 00 00 00 0000 l0 CL Ln Ln Ln Ln u) Ln Ln Ln Ln Ln Ln Ln Ln Ln V) Ln Ln Ln Ln Ln Ln LA r� N ri i/}t/} i/} i/1-i/} {/}i/}i/} i/)• i/} i/} ;/).i/}if)- V'}in i/? 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Y W W J 2 o2S o?J ¢ = = Q = Z LU w r LU CL Z Z r w w w Y w g - ¢ } ® J < g w ¢ Lu O_ O U w ¢ Z Z W W Z a > > J 06Z = w Z ® ¢ � uj z � azuas � U W W Z Q o� 06 a V) rr w a ¢ Y ¢ L6 � F LLJ w w � ozf 02 ¢ = 06 o2S U- LU LLJ ¢ ® W J R w S N p U U W ® 0'6 �- J o�S Z m m Z a W w _ _ w N ® Q Q LLJ L � w O L w > Z m Z ® U CD Wu Q Wr Q >' � ® —, OOOwv � � ® SaY � 0ccwZ -j 0 LLJO WLU N Y Y Z W N ¢ ¢ ® � z o m g o Ir Lu w O O N Q 0 (D W w � w w C7 Q LU LU W SS w � J J J w L, W h Ln U Ln O 2i 0 a � ® S w m w V) Z 2 � LL,® U V)) LVn Y o ® # a t r O U rl N m Ln LA I-, m ®i rl N M d' Ln to P m a) O rH N M Z dt r r r r®I r e i rl r ri N N N N CITY OF LAKE ELMO NOTICE OF RE-HEARING KEATS AVENUE NORTH: MSA STREET AND TRUNK WATERMAIN IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, October 2, 2012, to re-hear and consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The improvement will consist of the street reconstruction of Keats Avenue North, a Municipal State Aid route, from 47th Street North to Trunk Highway 36; and will concurrently include the construction of a Trunk Watermain connection from Julep Avenue North, easterly along 47th Street North, then north along Keats Avenue North to 59th Street North (Rock Point Church). The improvement will include the reconstruction of Keats Avenue North with the placement of a new bituminous surface in the current approximate location and grade. The area proposed to be assessed for these improvements include properties abutting the above referenced streets or properties that gain direct driveway access to their property from the above referenced streets. The estimated total cost of the street improvements is $1,297,000 and the estimated total cost of the trunk watermain improvements is $1,028,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. DATED: September 14, 2012 BY ORDER OF THE LAKE ELMO CITY COUNCIL Dean Johnston,Mayor (Published in the Oakdale-Lake Elmo Review on September 19, 2012 and September 26, 2012) THE CITY OF LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 10/2/2012 REGULAR ITEM#: 12 MOTION AGENDA ITEM: Zoning Text Amendment— Shoreland Standards SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean A. Zuleger, City Administrator VIEWED BY: Planning Commission Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: Following up from a previous text amendment to the Shoreland Standards (§150.255), the Planning Commission reviewed and approved a proposed text amendment that would reduce the required setback from the Ordinary High Water(OHW) Level from 20 feet to 10 feet for water- oriented accessory structures on recreational development lakes. This setback would be consistent with State Statute and MN DNR standards related to shoreland management. BACKGROUND INFORMATION: The City's Shoreland Ordinance was adopted in 1993,which included a 20-foot setback for water-oriented accessory structures. After the previous text amendment related to the size of water-oriented structures was approved, the Planning Commission directed Staff to prepare a public hearing on the matter of the setback at the request of the previous applicant. The public hearing for this text amendment was held on September 24t1i where the proposed amendment was unanimously approved. STAFF REPORT: It is important to note that the proposed amendment would only apply to water-oriented accessory structures on recreational development lakes. According to the Lake Elmo City Code, these structures include boathouses, gazebos, screen houses, fish houses, pump houses, and detached decks. Therefore, the proposed 10-foot setback from the OHW mark would only apply to these types of structures. In addition, the 10-foot setback would only apply on recreational development lakes, including DeMontreville, Elmo, Jane, and Olson. Finally, all the existing performance standards governing water-oriented accessory structures, such as structure height, will remain in place. As part of the review of the proposed text amendment, Staff received comments from the Valley Branch Watershed District regarding the proposed amendment. These commented noted that allowing a 10-foot setback for water-oriented structures would conflict with the Valley Branch's requirement of an unmowed vegetative buffer strip of 35 feet around the recreational development lakes in Lake Elmo. However, this requirement is already in conflict with the City's current Shoreland Standards, requiring a setback of 20 feet from the OHW for these structures. Regarding this conflict, the Planning Commission thought it better to be consistent with the State and DNR standard as opposed to the Valley Branch standard. For that reason, they approved the text amendment. The review comments from Valley Branch Watershed District are attached. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Zoning Text Amendment by taking the following action: "Move to approve Ordinance 2012-63, amending §150.255, Shoreland Standards, of the Lake Elmo City Code as recommend by the Planning Commission." ATTACHMENTS: 1. Ordinance 2012-63 2. MN State Statute— Shoreland Management 3. Review Comments from Valley Branch Watershed District SUGGESTED ORDER OF BUSINESS: - Introduction of Item.............................................................. City Administrator - Report/Presentation................................................Planning Director - Questions from Council to Staff............................................. Mayor Facilitates - Public Input, if Appropriate.................................................... Mayor Facilitates - Call for Motion ...............................................................Mayor& City Council Discussion.......................................................................Mayor& City Council - Action on Motion.................................................................... Mayor Facilitates at �nre CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE 2012-63 AN ORDINANCE AMENDING THE SHORELAND STANDARDS SECTION OF THE GENERAL PROVISIONS TO REVISE THE REQUIRED SETBACK FROM THE OH W LEVEL FOR WATER- ORIENTED ACCESSORY STRUCTURES BASED ON MINNESOTA STATE STATUTES SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 150: General Provisions, as follows: § 150.255 SHORELAND STANDARDS D) Placement, Design, and Height of Structures (2) Design Criteria for Structures b. Water-Oriented Accessory Structures 1. The structure or facility must not exceed 13 feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed 8 feet above grade at any point. 2. The setback of the structure or facility landward from the ordinary high water level must be at least-2-0 10 feet on a recreational development lake and 50 feet on a natural environment lake. 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions. 4. The roof may be used as a deck with safety rails,but must not be enclosed or used as a storage area. 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. 6. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment,may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. SECTION 2. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date This Ordinance No. 2012-63 was adopted on this 2nd day of October 2012, by a vote of Ayes and Nays. Dean A. Johnston, Mayor (Seal) Sandie Thone, City Clerk This Ordinance No 2012-63 was published on the day of , 2012 2 MN State Statutes for Shoreland Management:Water-Oriented Accessory Structures 61203300 ZONING PROVISIONS. H. Ac ce-,-ssni- stracvure and facillies, All accesscli�r _�tiucvjres and facilities, exc-ept those tLat are Yvatey-oriented, invot meet or eHced e strucrv�lr- setback s-�,andar&_ If all, IYy local goveiriment c,orltrols� ea�cLs lot inav liave one cl faci-717c --c),cared cliosei To j_,lablic than t1i� sTi-,in-alre if all of-he ctandvdi are ine-� (1) The struct',iiie or facility iinist not exceed -.en feet ill height, exclusi'G 7 e of safety rails_ arid cannot occzupy an area g-rea-ler tlnaun _250 sqtiare feet. Detaclied decks 111,11st nat exceed eight feet above grade at any ponit. see bach of, tit- s--nactirec=1 facilin- frorn tlie higla ;vatei- le',-e: lnu t 1'� at lea>t dell fet-?T. (31) The stnicture or inuast be tyeated to redtice visibility as viewed fivoll'-I public waters arid aclpiacent shc.,relands lay vegetatioil, topoggrapilu , increased , etback_�,'_ c%lor. or oth,,er niezuis acceptable to the local Tardt of governinei-it., ass"LlIllil"I'g, saillinler- leaf-on canditior-is. (4) The roof is ay be used a-!-,, a deck -,,vitli safety rails. but rm st not be enclo,,,ed or used as asicarage area- (5) The stnarnaire or fkilit-v' nlust not be designed or iised i"or liumall v ) - Inbitation and nest not (.-olitain waters-apply or seyvage treatraers facilhies. (6) Asanahenalvef,-)i,, ,a�,eiieralcle-.,,-elopmentalidj,,e.,--,,i,-eatir-dial. developmBrit T acce�sor�-7 structun-es used sole-ly for vvercrah storagEN and includill"g- sterage of relatp-d boating and -sporti I ng equil.-)ment, niay occupy an a-rea 'up to 400 squaTe feel provided the rnaxiirrain 'width of ffie _st.,ructiwe is 20 feel as naeaiTured pal'allel to the oo nfiggiuralion of the shorelint-, (7) Any accessai-� stilictiares or facili.-Ides n4:a ineeting, the abo,,-e criteria, 01' any a'delitional accessonv stanctures or facilities mnist meet or exceed stnu,27-111'e , etbach staiidai-ds. From: John P. Hanson[JHanson@barr.com] Sent: Thursday, September 20, 2012 5:00 PM To: Kyle Klatt Subject: Zoning Text Amendment for Water-Oriented Accessory Structures Hi Kyle, I just received your request of comments on Monday and didn't get to it until today. I'm sorry for missing your deadline for comments. I guess the only comment I have is that the VBWD requires unmowed vegetative buffers around lakes,wetland and streams and does not allow any impervious surface or structure to be placed within the buffer. The various applicable buffer requirements copied below. For Lake DeMontreville, Lake Olson, Lake Jane,Lake Elmo, Horseshoe Lake,and Sunfish Lake,the following is the requirement: A minimum 35-foot wide buffer strip measured perpendicular to the 0HW extending 35 feet inland shall be provided.A mowed access and shoreline is allowed, but must not exceed 30%of the landowner's shoreline width or 30 feet,whichever is less.For shorelines less than 20 feet wide, a 6 foot-wide access path is allowed. Access paths shall not be located where,concentrated runoff will flow to the lake. For other, smaller"lakes"and wetlands, the following is the requirement: A minimum 16.5 foot vegetative buffer strip around the delineated wetland boundary or the OHW,whichever is greater in elevation, shall be provided for all permitted activities.Average buffer widths at wetlands shall conform to Standard]OC and Appendix C of the VBWD Rules. A mowed access path within the buffer is allowed, but must not exceed a width of 6 feet. Access paths shall not be located where concentrated runoff will flow to the wetland. For streams within the City, the following is the requirement: An average 50-foot wide vegetative buffer strip and a minimum 25-foot wide foot vegetative buffer strip measured perpendicular from and on both sides of the centerline shall be provided and maintained at all times for all permitted activities adjacent to the stream. Exceptions from this requirement for special situations,such as water crossings,are allowed if the permit applicant fully documents the circumstances and reasons that the buffer encroachment is necessary. A mowed access path within the buffer is allowed, but must not exceed a width of 6 feet. Access paths shall not be located where concentrated runoff will flow to the Greek, John John P. Hanson, PE Valley Branch Watershed District Engineer Barr Engineering Company 1 4700 W. 77th St. I Edina, MN 55435 Primary phone:952,832,2622 1 cell: 612.590.1785 VBWD project office: 651.748,4230 LhqnLc?n@barr.cor-n I www.barr.com I www.vbwd.pLg