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City Council Agenda Packet 11-20-2012
THE ('117-V OF LAKE ELMO ............. Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character City of Lake Elmo 3800 Laverne Avenue North City Council Meeting Tuesday,, November 20, 2012 7:00 P.M. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. ORDER OF BUSINESS/GROUND RULES F, ACCEPT MINUTES J- -1 . Accept November 7, 2012 City Council Minutes 2. Accept November 9, 2012 Lake Elmo Canvassing Board Minutes G. PUBLIC COMMENTS/INQUIRIES H. PRESENTATIONS a. Acknowledge and Accept Equipment Donation to Fire Department from the Lake Elmo Rotary b. Dave Boucheck, Valley Branch Watershed District Update c. Trunk Highway 5/CSAH 17 Road Safety Audit Process and Scope of Work - Presentation by MnDOT 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. 2. Accept Financial Report dated October 31, 2012 3. Accept Building Permit Report dated October 31, 2012 4. Approve Payment of Disbursements and Payroll 5. 2012 Rain Garden Project - Change Order No. 1 6. 2012 Rain Garden Project - Pay Request No. 1 7. 2012 Street and Water Quality Improvements - Pay Request No. 3 8. Whistling Valley I-III Additions - Resolution Accepting Public Improvements 9. Accept New Insurance Agent of Record 10. Variance - 8961 37th Street North (Lot Dimension Variance: See Planning Packet) 11. Variance - 974 Jasmine Avenue North (Accessory Building Variance: See Planning Packet) J. REGULAR AGENDA 12. Approve to put out RFP for New Year-End Audit Firm 13. Animal Control Contract with Companion Animal Control LLC 14. Application for Council Vacancy -- January 2, 2013 15. Adoption of 2013 City of Lake Elmo Plan of Work K. SUMMARY REPORTS AND ANNOUNCEMENTS • Mayor and Council • Administrator • City Attorney • City Engineer • Planning Director • Finance Director M. Adjourn LAKE ELMO CITY COUNCIL., MINUTES OVE BED, 2012 CITY OF LAKE ELMO CITE' COUNCIL MINUTES NOVEMBER 7, 2€11 2 Mayor Johnston called the meeting to order at 7:00 P.M. PRESENT: Mayor Johnston,Council Members Smith, Pearson,and Park. Also Present: City Administrator Zuleger, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Planning Director Klatt,and City Clerk Bell. APPROVAL OF AGENDA MOTION: Council Member Pearson moved to approve the November 7, 2012 City Council Agenda as presented. Council Member Park seconded the motion. Motion passed 4-0. ACCEPT MINUTES ITEM 1: THE OCTOBER 16, 2012 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL, Mayor Johnston inquired about the discussion regarding the purchase and sale of the Arts Building. His understanding was that park funds were used for the purchase. He asked if the funds from the sale would be returned to the parks fund. City Administrator Zuleger confirmed that Park funds were used and any funds would be returned to that fund upon the sale. The mayor also asked for confirmation on the previous request for an executive session at tonight's meeting.City Administrator Zuleger stated that due to developments in the ongoing litigation, that executive session would need to be held at a later date. PUBLIC COMMENT Dave Moore, Stillwater Boulevard, expressed his belief that the intersection on Laverne in front of the Arts Building contains water and could easily be addressed and remedied by public works as part of the infrastructure of the city. Peter Eggen, 5250 Keats Avenue, spoke on the water improvement and road funding. There are forty houses on cul de sacs. All have access to Keats Avenue. These properties are not paying anything. They use the road twice as much. He cited a Minnesota statute that allows assessing properties based on "benefits received." He claimed that the properties on the cul de sacs use it twice as much and benefit from it. Spread out the payments to everyone. Regarding the water project, Mr. Eggen stated he is being forced to have it but would not benefit from it.He wants the city to place a fire hydrant by each street.This would make him feel safer,and he would be happy to pay for it. He also stated that no one on Keats Avenue wants city water. PRESENTATIONS: Page 1 of 6 LAKE EL MO CITY COUNCIL MINUTES NOVEMBE ➢ 2012 MNDOT PRESENTATION ON THE 2013 HILTON TRAIL INTERCHANGE/ DEMONTREVILLE TRAIL J-TURN PROJECT Adam Josephson of MnDOT reported he will be back on November 20, 2012 to address the State Highway 5 safety audit. Curt Fakler, project manager, presented an overview of the upcoming projects affecting the Demontreville area. He highlighted the impact on area roads. He spoke about the traffic and safety benefits and improved traffic flow. There is an upcoming open house at Lake Elmo city hall from on November 15, 2012 from 4-7 PM. There will also be an open house at Mahtomedi city hall on November 19,2012. A discussion was had regarding how these projects met the stated goals and objectives that Lake Elmo has for the long-term. Council Member Pearson inquired about the project's interim status.Mr.Josephson stated there are not any planned future projects at this time. Much will depend on the results of the future studies. Council Member Smith noted that the city wants to work with MnDOT and expressed her hope that MnDOT wants to work with Lake Elmo. She thanked MnDOT for its efforts. CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Post-Issuance Tax Compliance Procedures for Tax Exempt Bonds 4. 2012 Crack Seal Project-Pay Request No. 1 (Final) 5. Approve Resolution 2012-55 State of Minnesota Redevelopment Grant Program - A Resolution Accepting the DEED Water System Infrastructure Grant 6. Keats MSA Street and Trunk Watermain Improvements - Approve Engineering Design and Construction Support Services Contract 7. Accept Resignation of City Clerk Sandy Thane, and Appoint Adam Bell as City Clerk; Resolution 2012-56 MOTION:Council Member smith moved to approve die Consent Agenda as presented. Council Member Pearson seconded the motion. MOTION PASSED 4-0. REGULtIII.AGENDA ITEM. ; APPROVE CONDITIONAL USE PERMIT FOR GRADING PROJECT AT 9242 HUDSON BOULEVARD; RESOLUTION 2012-57 Planning Director Klatt provided an overview on the CUP application.He explained the location and surrounding area.The reason for the grading project is to expand the existing area currently being used by Summit Board Shop. Applicant hopes that the expansion of the ski bill would grow his business.Mr.Klatt explained that city approval is required due to volume of earth being moved. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER, 2012 Staff conducted historical research on the site. Along with the site constraints, which include a BP Pipeline Easement, a septic system, and access to the site the storm water pond, there are issues involved with the site, namely whether the parking situation conforms to the original site-plan, previously approved legal non-conforming setbacks, and finally, related watershed district requirements. The project involves grading of approximately five acres and will substantially alter the site. The grading will raise the site height from 1035 feet elevation to 1070 feet elevation. Impacted property owners have signed off. Mr. Klatt explained the land/environmental impact and what staff recommends as conditions/restrictions.Mr. Klatt reported that the Planning Commission does recommend council approval with 12 conditions of approval as noted. Council Member Smith inquired about a recent event held at the site and noted that there did not appear to be a problem with parking.Applicant Joe Heinen, owner of Summit Board Shop, further explained the parking situation. One suggestion made is to use additional parking in back,primarily for employees,to address any ensuing parking issues.A discussion was had explaining the specifics of the actual hill and its potential uses. Ms. Smith expressed her pleasure with the offering. She really likes the concept. Mayor Johnston noted a concern regarding the noise and the removal of trees. Mr. Klatt explained that one of the recommended conditions was the replacement of some of the trees lost and replacement of the existing screening.The applicant understands that this is a condition. Council Member Pearson inquired if the recommended motion included the Planning Commission recommended conditions. Mr.Klatt confirmed that it did. MOTION. Council Member Pearson moved to approve RESOLUTION 2012-57, CONDITIONAL USE PERMIT ALLOWING THE SUBSTANTIAL GRADING PROJECT AT 9242 HUDSON BOULEVARD Council Member Park seconded the motion. MOTION PASSED 4-0. Council Member Smith expressed her concerns about requiring the replacement of trees when future development may require repeated removal.The mayor felt it was appropriate and relies on staff recommendation.Council Member Park suggested that this property may retain the concerned trees for 15-20 years.Ms.Smith noted the difference between traffic noise and Idds playing. ITEM 9: LIBRARY BOARD APPOINTMENTS City Administrator Zuleger gave an overview of library board nomination history. He explained that the board may want to expand to a seven member board, but has not taken action as of yet. He explained the appointment recommendations,which includes re-appointing Steve DeLapp and Sara Linder to three-year terms if the board remains at five regular members. He also explained the Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES OVE BER, 2012 nominating committee's recommendations of appointing Renee Murray to a three-year term new board member, Marjorie Williams to a one-year term new board member, and Anne Bucheck as a two-year term alternate. The library board is planning a retreat and should have more information after that. Mayor Johnston suggested reappointing Steve DeLapp and Sara Linder to three year terms and wait for the board to meet and decide whether to expand its size. MOTION:Mayor Johnston moved to APPOINT STEVE DELAPP TO A THREE-YEAR REGULAR BOARD TERM AND SARA LINDER TO A THREE-YEAR REGULAR BOARD TERM AND DELAY OTHER APPOINTMENTS UNTIL AFTER THE LIBRARY BOARD TAKES ACTION. Council Member Park seconded the motion. MOTION PASSED 3-1,SMITH NAY Council Member Smith explained her NO vote. She has no issues with the candidates,but she would life to see the library get back into the Washington County library system sooner rather than later. At that point,no board will be needed. NEW BUSINESS ITEM 1 :REQUEST FOR CONNECTION TO 32NII STREET 201 SYSTEM City Administrator Zuleger provided an overview of the subject property's history and septic issues. The homeowners approached the city requesting to connect to the system so the. property can be sold. Jack explained that the 201 Wastewater System was built using federal grants in 1987. Seven homes are currently on system.The system was designed to last a long time.The concern that staff has is that system life is reduced by adding additional properties. The county reported that system is operating at 50%. If the system fails in the future, there is sufficient space to install a mound. system. The property is also in MUSA area and so someday---10-15 years—there will be sewer installed in that area.Because there are fall backs,staff considers this a reasonable request. Mr. Griffin explained how connection costs were reached. The original 1987 connection cost was indexed to 2012 values.The indexed cost is$8,325. Council Member Smith inquired about the property and how long it has existed. Mary Schwarz, property owner, explained that they have lived there for approximately 27 years. Ms. Schwarz further explained that the septic system was not failing, but rather became non-compliant due to changes in the state requirements. Mayor Johnston noted that the updated regulations will cause similar problems for many homes in LE. Ms. Smith asked about whether installing a holding tank would be cheaper if future sewer was planned for the area. Mr. Griffin said that the planned sewer installation was too far away to consider at this time. Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER, 2012 Council Member Pearson inquired about how the 201 system.would be handled when city sewer is brought to that area. Mr. Griffin explained that waivers will be given for the subject properties to allow for connection. MOTION: Council Member Smith moved to approve RESOLUTION 2012-59, ALLOWING THE SCHWARTZS AT 10961 32ND STREET TO CONNECT TO THE CITY'S 201 WASTEWATER SYATEM LAYING $8,325 AND PERMIT STAFF TO DRAFT CONNECTION AGREEMENT REGARDING FUTURE SEINER HOOK UP AND COMPLIANCE ISSUES. Council Member Pearson seconded the motion. MOTION PASSED 4-0. SUMMARY REPORTS AND ANNOUNCEMENT Council Member Park-- congratulated the new council members and mayor. Council Member Pearson reported attending a city staff meeting. She commended City Administrator Zuleger on the meeting. Council Member Smith commended City Administrator Zuleger for helping city move in the right direction.She also congratulated Justin Bloyer and Council Member Pearson on their elections. She added that it was inappropriate for the Mayor to bring up the dismissal of the complaint with the OAH at the council meeting.There is a need for change in the way campaigns are conducted. Mayor Johnston reported receiving letter from the Office of Administrative Hearings dismissing all election complaints against him without any action. The letter will be entered as an exhibit to tonight's meeting. The Mayor noted that Michael Gerster, Government Relations Director for the Oakdale Gun Club, was in attendance. Lake Elmo has a very strong relationship with the club and is looking forward to continue working on safety improvements. City Administrator Zuleger reported the 2013 plan of work draft. He hopes to complete it prior to the Truth in Taxation hearing. He reported soliciting requests for proposals for a park survey. Staffing updates: Adam Bell appointed as new City Clerk; replacing him with a Program Specialist position instead of a. Deputy Clerk; extended an offer for an Accounting/Utility Clerk, Public Works Director is working on hiring a Parks Maintainer. He added attending a Greater MSP meeting with the Mayor and had a great talk with many other administrators and mayors. Making great strides in development leads. Good networking opportunity. City Attorney Snyder No report City Engineer Griffin No report Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER, 2012 PIanning Director Klatt reported holding Design Standards workshop. Hope to get recommendations to planning commission within the next month. Theming meeting kickoff with Damon Farber&Associates at 7AM on 11/8. Finance Director Bendel reported benefit renewals are coming up. Premiums went up very little. Minnesota sales tax audit went well. Starting on base rate case analysis. Accounting clerk will be starting November 26. Adjourned open meeting at 8:18 P.M. LAKE ELMO CITY COUNCIL Brett Emmons, Mayor Pro Tem Adam R. Bell,City Clerk Page 6 of 6 CITY OF LAKE ELMO WASHINTONG COUNTY,MINNESOTA STATE OF MINNESOTA Minutes of the Canvassing Board Meeting Held Friday,November 9, 2012 Pursuant to due call and notice thereof, the canvassing meeting of the City Council, City of Lake Elmo, Minnesota was held at 4:00 p.m. at City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota. CALL TO ORDER Mayor Johnston called the meeting to order at 4:04 p.m. The following members were present: Council Members Emmons, Smith,and Pearson. OATH OF OFFICE All members of the city council took the oath of office as canvassing board members. 1, (Name), do solemnly swear to support the Constitution of the United States,the Constitution of the State of Minnesota, and to discharge faithfully,justly, and impartially the duties of the office of the Canvassing Board of the City of Lake Elmo,Minnesota, to the best of my judgment and ability, so help me God. RESULTS CANVASSING City Clerk Adam Bell reviewed the results of the 2012 general election race for Lake Elmo mayor and city council. The results were presented by precinct and showed that Mike Pearson was the winner of the mayoral race and Justin Bloyer and Anne Smith were the winners of the city council race. Council Member Smith moved to adopt Resolution 2012-58, "RESOLUTION CANVASSING THE RESULTS OF THE 2012 GENERAL ELECTION AND DECLARING THE WINNERS." Council Member Emmons seconded the motion. Motion passed 4-0. ADJOURN There being no further business to come before the canvassing board,Council Member Smith moved to adjourn the meeting. Council Member Pearson seconded the motion. Motion passed 4-0. Time of adjournment was 4:07 P.M. Brett Emmons, Mayor Pro Tern ATTEST: Adair Bell, City Clerk 11 113 C17"Y OF AKE f-�,LMO MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM#: H(a) MOTION AGENDA ITEM: ROTARY DONATION TO FIRE DEPT. SUBMITTED BY: Chief Greg Malmquist THROUGH: REVIEWED BY: SUMMARY AND ACTION REQUESTED: PRESENTATION — Acknowledge and accept equipment donation from the Lake Elmo Rotary. STAFF REPORT: Rotary contributed $8500 toward the purchase of the following: I-Ruggedized computer tablet, w/base, remote keyboard, desktop keyboard and warranty for FD Duty Vehicle. 4-Pulse/Oximeters for medical response baseline vitals. These units are placed in our 2 Duty Vehicles as ell as our first out medical response trucks. They allow us to obtain oxygen levels as well as pulse readings in our patients. 1-Ice Machine for Station 41. The primary use of this will be to provide ice, 24/7 at an incident scene for responders and victims. This is critical in.the event of a large incident and we need to "Rehab" (rehydrate) responders that are working on the scene. ($700 from the first Fall Festival, earmarked for this,was finally used) Members of Rotary will be present to explain the grant/donation process and accept recognition. Lake Elmo Fire Department will bring the equipment for display. RECOMMENDATION: Staff is recommending that the city council receive the presentation. No formal action is being requested of the council. ................................. TH E- CITY OF TAKE ,LMO MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 PRESENTATION ITEM #: H(c) AGENDA ITEM: Trunk Highway 5 Road Safety Audit Process and Scope of Work— Presentation by Adam Josephson,MnDOT East Area Manager SUBMITTED BY: Jack Griffin., City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: SUMMARY AND ACTION REQUESTED: The city council is respectfully requested to receive a presentation from Adam Josephson, MnDOT East Area Manager regarding the Trunk Highway 5 Road Safety Audit Process and Scope of Work. STAFF REPORT: MnDOT, Washington County and city staff have been working collaboratively to identify and mitigate various traffic safety and speed concerns along Trunk Highway 5 and Lake Elmo Avenue in the Downtown District. Recently, MnDOT pursued and secured funding to cornmission a Road Safety Audit. A Road Safety Audit (RSA) is a formal. safety performance examination of an existing or future road or intersection by an independent, multidisciplinary team. It qualitatively estimates and reports on potential road safety issues and identifies opportunities for improvements in safety for all road users. RECOMMENDATION: Staff is recommending that the city council receive the presentation by Adam Josephson, MnDOT East Area Manager. No formal action is being requested of the council. T A F 1 - CITY OF LAKE F MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM#: 2 MOTION AGENDA ITEM. October 2012 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY. Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, The City Council is asked to accept the October 2012 Financial Reporting Packet. 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 operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find a report for October reflecting the monthly detail supporting the year to date actual results and comparing those results to the 2012 Budget. The most significant variances are highlighted below: Revenues: • Building Permit revenue to date has exceeded the full year budget by 39%. As mentioned in previous months,the growth trend has continued. • Heating Permit revenue to date has exceeded the full year budget by 91% and it is anticipated that this trend will continue. • Plumbing Permit revenue to date has exceeded the full year budget by 125% and it is anticipated that this trend will also continue. • Plan review fees continue to be strong with the new housing increased activity and on a YTD basis are 91%above the fall year budget. • Assessment searches to date continue to surpass budget due to the coordinated effort to ensure all search request fees are received. The average number of searches each week continues to increase due to the increased volume of activity in the housing market. Expenses: All departments are at or well below their 83% of budget to date as all Departments continue to strive to identify and implement any cost saving measures. A few key items to note: • Some recurring expense items show zero for January which stands out. This is a result of moving the expense back to December when the expense was incurred for year end. • Unemployment Benefits and Workers Compensation are expensed as those benefits are paid out to claimants. A workers compensation premium refund was received in July due to lower salary dollars than estimated as well as in less costly rating classification codes. • Although no contract services were budgeted for Administration, expenses were incurred to cover the front desk prior to being fully staffed. • The Finance Department also used contracted services to cover the Finance department lack of full-time staff and is over budget in that category as a result. The contractor services were primarily used to prepare for the annual Financial Audit. • The Planning Department also uses a part-time contractor to cover the Planning Assistant functions until a frill-time staff person was hired. The new Planning Assistant is now on staff full-time and it is anticipated that these services will no longer be needed. • The Building Inspection Department contracted with the City of Hugo to provide support until the new Inspector was hired. It is anticipated that these services will only be needed to cover planned absences of the new Building Official;going forward. • The majority of the annual conferences for updating certifications occur in October and the expenses are reflected in each department. RECOMMENDATION: It is recommended that the City Council receive the October monthly Financial Reporting Packet as part of tonight's Consent Agenda. Alternately, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and review. ATTACHMENTS: 1. 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Wo$$�gr a ti -P CCiCCobo=Wei_Gp VOC v, Af R -gxN h�o navo��g�44gS.o� w�.G�covoa G p .t -`v',$wm�aa 'ccG=c_- etia�ooNow, ro p p pp pp pPpp b `�QN~P M•S O C O•N'OOCC OTC Y 8s OO SYf O C �F ` t'•�����G G ti ti C �C G C C O P G pp ��•• pp .. pp� O S S S G p C C Cd a: � I Y r u] REEa � rs a t� t O D TF-IE CITY OF '11 "A ELM MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM #: 3 MOTION Consent Agenda AGENDA ITEM: Year to Date Permit Report SUBMITTED BY: Rick Chase,Building Official THROUGH: Rick Chase,Building Official REV'IE`VED BY: Cathy Bendel, Finance Director SUMMAXV AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly permit report. No specific motion is needed, as this is reconiniended to be part of the overall approval of the Consent Agenda. STAFF DEPORT: Below are some key statistics for Jan 1- October 31: 2012 2011 New homes 27 19 Total valuation $12,346,112 $ 8,499,300 Avg home value $457,263 $447,331 3 New home permits were generated in October, 1 permit is issued and to date is still waiting for pick-up. T1 1E.CT ' LA. K E_ELMO z MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM#: 4 MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of$383,228.04 SUBMITTED BY: Cathy Bendel., Finance Director REVIEWED BV: Dean Zuleger, City Administrator SUMMARY AND ACTIf)':'v REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$383,228.04. 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.' : : I>reerittota ACH --- $ 1.0,497.73 Payroll Taxes to IRS &MN Revenue 11/15/2012 ACH $ 5,023.52 Payroll Retirement to PERA 11/]5/12 DD4257—DD4297 $ 31,540.76 Payroll Dated 11/15/12 (Direct Deposit) 39168-39172 $ 7,678.00 Payroll Dated 11/15/2012 (Payroll Paper Checks) 39173-39277 $ 328,248.03 Accounts Payable 11/20/12 1607-1610 $ 240.00 Library Card Reimbursement 11/20/12 ............ . AL :: . _ ;::. .....................:.. ..... 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$383,228,04. 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 November 20,2012, Disbursements as Presented land mo dffiecd] herein." ATTACHMENTS: 1. Accounts Payable Dated 11/20/2012 SUGGESTED ORDER OF BUSINESS (if removed Lram the Consent Agenda): - Questions from Council to Staff............................................. 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N U' U N Q' N r7 N N OU C � (11 013 CC N N 4 ,,,,, W y N cUn -'� � N w ".•+ �-:t C O '� O .-1 a C O c I O �' '�^^ O C/) O G N_ � N N N N v v� G d rr U � w ai z 'nT � NAn '� vi i u 'n L zn ~ ^ o v c ° ,a a ^ o o a ^ o o 00 1 o 0 0 n nCD vlov o In N In ES.i N f� O U aC^'c ' oQo G, M M ,� c- Ix `^ .l en N An N N CLI N O ,j C "' R' O � r O -W In ¢r O O .,. P " O / 1 — In N O C Vt O q+. r". M 00 �-- 00 In •c d d' 'e;' [�; h t'I' U} rn z U w-? In It An In It W" d' +n �T "" C C d ^ C ¢ M C ,�, ,�, N Q I .., V"I' ^ t +, C O ^ O O ^ AS"� ✓ N '""` 3 N 5 [+ 3 �„J OC In ... In "D fr) onIn rJ il b17 wJ o, d c� p i � iet ji L W N k O N p � G Q O d C> y O gy � M M N G c+i r N M C{ 00 .00 N O a r oo 'a x 00 clt M G .�y w OG O er ........ . ..... THE CfTi' (-)F- LAKE F.LMO ............ MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM #: 5 MOTION AGENDA ITEM: 2012 Rain Garden Project—Change Order No. 1 SUBMITTED BY: Ryan Stempski,Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIENN-7ED BY: Jack Griffin,City Engineer Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Change Order No. I for the 2012 Rain Garden Project, increasing the project contract arnount by$1,3411.13. STAFF REPORT: This Change Order was requested by the Washington Conservation District to address unforeseen conditions during the construction of the 2012 Rain Garden Project. The Contractor, St. Croix Valley Landscaping was required to correct 3 rain gardens on the project that were not draining due to underlying soil conditions. Change Order No. I includes soil correction and drain tile work for 3 rain gardens in the total amount of$1,341.13. With the approval of this Change Order, the Revised Contract Amount will be$47,842.29. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Change Order No. 1. for the 2012 Rain Garden Project in the amount of$1,')41.13. ATTACHMENTS: 1. Change Order No. ]. CON T RACE' CHANGE ORDER FOR CITY OF LAKE ELMO, MINNESOTA FOCUS ENGINEERING, inc. 2012 RAIN GARDEN PROJECT PROJECT NO. 201.2.123 CHANGE ORDER NO. 1 DATE: November 20, 2012 TO: ST,CROIX VALLEY LANDSCAPING,389 280TH STREET,OSCEOLA,WI 54020 This Document will become a supplement to the Contract and all provisions will apply hereto.The Contract Documents are modified as follows upon execution of this Change Order. CHANGE ORDER DESCRIPTION/JUSTIFICATION.: Washington Conservation District recommended a correction to 3 rain gardens that were not performing due to underlying soil conditions that were unforeseen.Draintile was necessary along with minor grading improvements to ensure the gardens drain down.This corrective work addressed the issue of standing water in these gardens. Attachments (list documents supporting change): None i=EM DESCRIPTION OF PAY ITEM UNIT QTY UNITE PRICE INCRIEASE/(DECREASE) C01-1 CORRECTIONS/ADD DRAINTILE TO 3 GARDENS LS 1 $1,341.13 j $1,341.13 ....__....... _. — I NET CONTRACT CHANGE $1,341.13 Amount of Original Contract $ 46,501.16 Sum of Additions/Deductions approved to date(CO Nos. ) $ 0.00 Contract Amount to date $ 46,501.16 Amount of this Change Order (ADD) (D€DWGT) (NO C €) $ 1,341.13 Revised Contract Amount $ 47,842.29 The Contract Period for Completion will be (UNCHANGED) ('^' B) (DiGRSASEP 0 days I APPROVED BY ENGINEER: FOCUS Engineering, inc. APPROVED BY CONTRACTOR ENGINEFR BY DATE DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY BY ------- DATE DATE FOCUS Engineering,inc. CHANGE ORDER FORM Tf il- CITY OF LAKE Li. ............. ............ MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM#: 6 MOTION AGENDA ITEM: 2012 Rain Garden Project—Pay Request No. I SUBMITTED BY: Ryan Stempski,Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to approve Pay Request No. 1 to St. Croix Valley Landscaping, the Contractor for the 2012 Rain Garden Project in the amount of$42,341.29. This payment includes the work to complete the construction for 17 rain gardens on the project. The warranty period will begin on November 20, 2012, and extends to November 20, 2013. STAFF REPORT: The 17 rain gardens for the 2012 Rain Garden Project have been fully completed, including all restoration and punch list items. The project Certificate of Completion has been issued by Rusty Schmidt, the Project Manager from Washington Conservation District (WCD), and the one-year warranty period has been initiated. Payment for construction costs in the amount of $42,341.29 has been requested by the Contractor, St. Croix Valley Landscaping. This amount is approximately 3% over the original construction contract amount of$41,000.16. Additional soil correction and drain tile work was needed at 3 rain garden locations to ensure proper drainage and infiltration. Change Order No. I was processed in the amount of$1,341.13 to address this issue. The Contract for the project also includes $5,501 for one year of maintenance by St. Croix Valley Landscaping for total contract amount of $47,842.29. Maintenance costs will be paid throughout 2013 as necessary to establish the gardens. After the first year, maintenance will be completed by the adjacent property owners. All property owners have signed Maintenance Agreements committing to the ongoing rain garden maintenance work. A VBWD Community Grant in the amount of$27,822 was approved for this project. Staff will submit for reimbursement in this amount. The City cost share then includes the remainder construction amounts plus engineering for a total city cost share of $25,020.29 ($20,020.29 + $5,000 engineering) to be paid from the Storm Water Utility Fund. The 2012 Rain Carden budget amount was $35,000. RECOMMENDATION: Staff is recommending that the City Council accept the work as recommended by the Washington County District and approve Pay Request No. 1 in the amount of$42,341.29 to St. Croix Valley Landscaping, as part of the Consent Agenda. ATTACHMENTS: 1. Certificate of Completion, Prepared by the Washington Conservation District 2. Partial Pay Estimate No. 1 (TI-YOF!_AKf,ELMO, r-V� 2012 RAIN GARDEN PROJECT CERTIFICATE OF COMPLETION DATE OF ISSUANCE: Date OWNER.- CITY OF LAKE FLMO, MN CONTRACTOR: ST. CROIX VALLEY LANDSCAPING PROJECT NAME: 2012 STREET:IMPROVEMENT RAINGARDEN PROJECT PROJFCT NO.: 201.2.1.23 N This Certification of Completion applies to all work under the Contract Documents Fj This Certification of Completion applies to the following specified pans 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 September 4, 2012, and related Contract Documents as prepared by Washington Conservation District dated August 6, 2012, the above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: November l3, 2012 Rusty Schmidt .................. ............ WASHINGTOK CONSERVAVAiTION DISTRICT' T]IF,WARR A IN TY PER TOD B 1-_-,GINS Nov. 14, 21012 AND ENDS Nov. 14, 2013 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 1 FOCUS ENGINEERING, inc. 2012 RAIN GARDEN PROJECT PERIOD OF ESTIMATE #REF€ FROM 9/4/2012 TO 11/9/2012 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO ST.CROIX VALLEY LANDSCAPING 3800 LAVERNE AVENUE NORTH 389 280TH STREET LAKE ELMO,MN 55042 OSCEOLA,WI 54020 ATTN:JACK GRIFFIN, P.E.,CITY ENGINEER CONTRACT CHANGE ORDER SUMIA-ARY PAY ESTIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $46,501.16 Date Additions Deductions 2.Net Change Order Sum $1,341.13 1 11/20/2012 $1,341.13 3.Revised Contract(1+2) $47,842.29 4.*Work Completed $42,341.29 5.*Stored Materials $0.00 6.Subtotal(4+5) $42,341.29 7.Retainage* 0.0% $0.00 8.Previous Payments $0.00 IOTA;S $1,341.13 $0.00 9.Amount Due(6-7-8) $42,341.29 NET CHANGE $1,341.13 *Detailed Breakdown Attached CONTRACT TIME START DATE: 9/17/2012 ORIGINAL DAYS 44 ON SCHEDULE SUBSTANTIAL COMPLETION: 10/31/2012 REVISED DAYS 0 YES F FINAL COMPLETION: 10/31/2013 REMAINING 9 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 estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. DATE — ------- CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their 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 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 Ely DATE DATE --�--- -- FOCUS Engineering,inc. PROJECT PAYMENT FORM THt.. (A-1-,° (.)F t,A MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM#: 7 MOTION AGENDA ITEM: 2012 Street&Water Quality Improvements—Pay Request No. 3 SUBMITTED BY: Ryan Stempski,Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator R.EN71ENNIE D BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 3 for the 2012 Street &Water Quality Improvements. STAFF REPORT: Hardrives, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 3 in the amount of$217,888.94. This request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents,the City has retained 5% of the total work completed. The amount retained is $38,541.55. The total value of the work completed to date is $770,831.07 of the revised contract amount of $861,634.79, or 90% complete. RECOMMENDATION: Staff is recommending that the City Council consider approving Pay Request No. 3 for the 2012 Street & Water Quality Improvements, as part of the Consent Agenda,in the amount of$217,888.94. ATTACHMENTS: 1. Partial Pay Estimate No. 3 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 3 _ FOCUSFNGINEERiNG, inc. 2012 STREET AND WATER QUALITY IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO. 2012.123 FROM; 10/1/2012 TO 10/31/2012 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO HARDRIVES, INC. 3800 LAVERNE AVENUE NORTH I 14475 QUIRAM DRIVE LAKE ELMO, MN 55042 ROGERS, MN 55374 ATTN:JACK GRIFFIN,P.E.,CITY ENGINEER � ATTN: MIKE LEVER, DIVISION MANAGER CONTRACT CHANGE ORDER SUMMARX PAY I STIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $849,736,79 Date Additions deductions 2.Net Change Order Sum $11,898.00 1 10/16/2012 $11,898.00 3. Revised Contract(1+2) $861,634.79 I 4. *Work Completed $770,831.07 I 5. *Stored Materials $0.00 6.Subtotal (4+5) $770,831.07 7. Retainage* 5.€% $38,541.55 8.Previous Payments $514,400.58 TOTALS $11,898.00 $0.00 9.Amount Due(6-7-8) $217,888.94 NET CHANGE $11,898.00 *Detailed Breakdown Attached _ CONTRACTTIME. ;' F START DATE: 7/17/2012 ORIGINAL DAYS 94 l ON SCHEDULE SUBSTANTIAL COMPLETION: 10/19/2012 REVISED DAYS 0 YES �? FINAL COMPLETION: 11/30/2012 REMAINING -12 NO ENGINEER'S CERTIFICATION: FOCUS Engineering,Inc. The undersigned certifies that the work has been reviewed and to the -- 2 best of their knowledge and belief,the quantities shown in this r ° � estimate are correct and the work has been performed in accordance ENGINEER f, with the contract documents. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their 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 work for which previous payment estimates was issued and payments received from the owner,and that current payment shown herein is DATE now due. APPROVED 6Y OWNER: CITY OF LAKE ELMO, MINNESOTA BY BY FOCUS Engineering,ins. Pi?C)J[Cf PAYMENT FORIN', PARTIAL PAY ESTIMATE NO, 3 2012 STREET AND WATER QUALn IMPROVEMENTS FOClu"S ENGINEERING, inc. CITY OF LAKE ELMO,MINNESOTA PROTECT'NO.20*12.123 CONTRACT(Revised) j 7L 5 PERIOD TOTAL TODATE 7EM DESCRIPTION OF PAY!TtM UNIT QoANT.TY VNITPRICE AMOLIN-1. �--QUAN-,:7 QUAN7�TY AVIOUNIT AMOUNT "IOB!XATION 7RAFFICCONTROL 0123 DD 53,695.19 SlITFENCE LF I 3w Sal, 5966.00 i 150.00 548ia0 mo 5963.00 4 N*LET PROTEciON EA 23 $96.40 52.217.20 -1 TREE REMOVAL EA S2157,77 .2j) 53.213,24 6 SALVAGE AND REINSTALL MAILBOX EA 85 SE5.01 S5,525-m 7 SALVAGE AND REINSTALL SIGN EA 15 Si33.R8 -4,68SSO 8 SAWCJT BITUMINOUS AND CONCRETE PAYSIVIENT TALL TYPES) LF I t'rjo S2.49 94".0 $2.343,09 I 73.0 9 REMOVE AND DISPOSE CDNM-TE CURB AND GUTTER LF 65 'DVE A' Sy i.292 54.fij '14 5422.45 55.938,60 605.0 52,793.00 .0 REM NDDISPOSEOFEXISTING BITUMINOUS PAVEMENT PAVEMENT SY $20 S6.56 S3.41'.20 SS56.01) 32 RE.AOVEANDD-3pOsErF F-XISTIN1,16 STORM,SEWER CBlC.MFl EA 53.890.83 32.0 S6.426.36 Sy 22 S"141.00 3 SALVAGE AND REINSTALL PAVERS 14 SU3CRAOE CORRin-ON SY SEA. 1.025.0 5T 082,75 .03 $!3.523,51 '.35i S IL 0 C 0 M.M.0 N E X CAV'AT�O N i C V)1 P CLASS 5 AGGREGATE BASE(2OV.CRUS+I-D) CY 474 S�4.03 54,82s.-6 17 SELECT GRANULAR BORROW 512 16 HAULOUT EXCESS MILLINGS CY j 1,024 SSS6 5 S,1 1 75.04 i 628.0 57,438,89 i 561D $4,757,28 19 PLACE RECLAIMED MATERIAL FROM OTHER SITES Cy 45A" $8.48 53,624.48 -Z7$.N -S252.98 38,12a.0 $34.696 4v� 20 RECLAIM DMS7ING&TUkfIN6USANO EASE MATERIALS Sy 38,406 S11.9i - s7s.430'00 R5 S2S,439.00 21 SUBGRAD:PREVARAT10%OF RECLAIMED SURF-ACE ito S:ZS41ag 22 SUOGRAOE PREPARATION FOR PARKING LOTS S1.695.9, 23 12'CLASS 5 RCP STORM SEWER LF I ns S36A2 54,333.56 i30-0 Se 24 15'CLASS 5 RCP STORM SEWER 'F 2,7 S37A.9 $9.260.03 25 12"CONCP.E-1 FLARED END SECTION E.A $963-96 26 CATCH BASIN,TYPE 402 Wari R•3250,A CASTING ER i 3 5:1.9m08 55,850.16 3.0 27 CLATCHBASIN,TYPE 404'WITH R-35011-T.CAST E CASING A A SU7717 za -'DIA C8?.I+1 WITH"SUMP,TYPE 40'WrfH SALVAGED R-32SO-A CASnN EA 1 51-88fi-93 PE STO-9 WITH R.3 5 0 14 Ll CASTING EA 52,23Su S4,477.09 79 e OLA CM54,TYPE 30 DIA Ca-&IH VJITH','SUMP,TYPE", -S VAT H R-3501-TiT.CASTING EA S2,184--a 3.0 56,554,9- 31 -'DIA CBMK,TYPE 456 WITH R-3 250-A CASTING EA j 3 52,227.92, 5603.46 3.0 56,683,46 32 5'DIA CB',qHW-rP.1-SUMP,TYPE 405 WITH R-35W.-TS CAST 146 :A 53.49i'68 83 4"PVC PERF EDGE DRMN WITH BACKFItt AND WRAP LF Arlo 54 i.9 S2,076.00 400,0 $2.076.00 34 $613 COINCRET E CUR.AND G UIFTE 9 LP 35 5624 CONCRETE CURB AND GUT ER LF 299 S37.49 511,172.02 i 272.0 36 0-12 CONCRETE CURB AND GUTTI iR LF 8D-1 527.69 SSIXO S23.536.50 S? CONCRETE CURB CUT FOR RA4NGARDEN EA 17 S32-32 55,462." 26.0 SSI'ZiJ2 58 6'CONCRET E FLUME EA 5642.fiA S22,27�.99 iVI-0 S4,284.00 99 15'1:ONCRCF'DRIVEWAY BY 62o $4214 40 BITUMINOUS DRIVEWAY sy J 1122" S2r,77 520.543,25 i 136XO $2,280.72 327.0 $5,483.79 S-M-35 s2i�1.9651X) B.AaS.87 S186,735,Ss sAaB.s 5186,739.B.4 5 4'� BIUMINDUS WEARING COUI RSF� 'IN s,9011 42 S.rTUMINOUS NON-WEARING COURSE TN 3,27S ssa-w S29i,9LS.OD4.19728 $245,374.6, 43 fi:TUMINOQ5 MATiRtAL FORTACK COAT GAL 1"ISO 52aa 54"53-50 I i,950,CO Skl53..So -53.50 44 SAWANO SEAL STREETS LF 7'e00 45 REMOVE CATCH BASIN CASTING EA 8 stl'.'17 5913-36 a.0 5513•36 46 INSTALL CAST]"IS EA a S803.30 SEA26.40 3.0 S-8,426A0 47 SALVAGE AND R."045rAt!CASTING(.ALL TYPES} 7 7,0 S3.887.3' CULVERT END CLEANING :A I iO $i7fi.T3 S1.767.30 i iox 53'767.30 As DLTrCH GRADING LF 1-90 S-0i 52,307.9.0 I t50A 52.307.90 Eu 53.994.6 SO CLASS 3 RIP RAP WIT,H GEOTEXTILE FABRIC 613 565-11! S3,994,60 EADSIONSTABLIZATIONVIAT SY 200 S6gF $! 2 BEDROLL DITCH CHECK EA 30 S64.26 Si,927.80 i 53 SEEDING W[Tii WOOD FIBER BLANKET Sy i.i3l! - 511,756-5 i !,SO^-D0 $2.945.DC ..90D.3 52-q45110 54 SODDING SY 14,100 $2-85 S18'728BO 61568.0 S18,7113.811 77 - 55 IMPORT AND PLACE TOPSOIL Cy --.90c Slaloo 524.700.00 -36-0 S7,732.00 56 ST RIPTING-L'Yz'-).0W STRIPING LF 6.130 5121 5--,.287.30 i 57 STRIPING-3'WI-.RE ST RIPl-N4 IF 6.94C SO.27 58 HA.\D'C-'P PAVEME%T./.ARKI\G EA 2 SZ.B.AB $836.86 TOTALS-BASE CONTRACT $849,736.79 $229,356.77 S758,93107 CHANGE ORDER NO.I 6612 CONCRETE.CURB AND GIXITER TOTALS-CHANGE ORDER NO.1 $11,898,00 TOTALS-REVISED CONTRACT S961,634.79 $229,356.77 $770,831.07 ................................................... ....................................... THE CITY OF MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM#: 8 MOTION AGENDA ITEM: Whistling Valley First, Second and Third Additions—Resolution Accepting the Developer Installed Public Infrastructure Improvements SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger,City Administrator REVIEWED BY: Cathy Bendel, Finance Director Kyle Klatt, Planning Director Mike Bouthilet, Public Works Dave Snyder, City Attorney SUMMARY AND ACTION REQUESTED: The city council is respectfully requested to consider approving a resolution accepting the Developer Installed Public Infrastructure Improvements. STAFF REPORT —ND BACKGROUND INFORMATION: City staff has reviewed the public infrastructure improvements the for the Whistling Valley First, Second and Third Additions and have found them to have been fully completed in compliance with the Standard Form of Completion Agreement Between Surety (Travelers Casualty and Surety Company of America) and Contractor (Colbalt Contracting) dated October 31, 2011, and the standards and ordinances of the City. The City Engineer has issued a Certificate of Completion subject to the receipt of the 2-year warranty Bond. RECOMMENDATION: Staff is recommending that the city council. approve, as part of the Consent Agenda, Resolution No. 2012-59, accepting the public infrastructure installed as part of the Whistling Valley First, Second and Third Additions. ATTACHMENTS: L Resolution 2012-59 2. Engineer's Recommendation Letter of Final Acceptance and Certificate of Completion CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2012-59 A RESOLUTION ACCEPTING THE DEVELOPER INSTALLED PUBLIC INFRASTRUCTURE IMPROVEMENTS FOR THE WHISTLING VALLEY FIRST, SECOND AND THIRD ADDITIONS WHEREAS, the public infrastructure improvements the for the Whistling Valley First, Second and Third Additions have been fully completed in compliance with the Standard Form of Completion Agreement Between Surety (Travelers Casualty and Surety Company of America) and Contractor (Colbalt Contracting) dated October 31, 2011, and the standards and ordinances of the City; WHEREAS, the Standard Form of Completion Agreement between Surety and Contractor dated October 31, 2011, supersedes prior representations and agreements including the original development agreement for the improvements,but incorporates Contract Documents, and Plans and Specifications which capture the essential intended public improvement requirements for the development; WHEREAS the City Engineer, Planning Director, and Public Works Superintendent have reviewed the improvements and in correspondence dated November 14, 2012, the City Engineer has issued a Certificate of Completion subject to receipt of the 2-year warranty Bond, and has declared the public infrastructure improvements to be complete and recommends acceptance by the City; WHEREAS, the estimated aggregate costs relating to the installation of public improvements is $1,635,000; and WHEREAS, the City shall, upon acceptance of the improvements, account for those assets. NOW, THEREFORE, BE IT RESOLVED, upon satisfaction of the administrative and financial requirements noted by staff, the City Council accepts the Developer-installed public infrastructure improvements for the Whistling Valley First, Second and Third Additions; effective as of November 20,2012. Date: , 2012 CITY OF LAKE ELMO By: Dean A. Johnston,Mayor ATTEST: Adam Bell, City Clerk (Seal) Resolution No. 2012-59 1 --: ELMO -� . - November 14, 2012 Mr. Brian K. Fern Ms. Shawn A. Pikas Travelers Bond & Financial Products Construction Engineering Services One Tower Square, S102A Hartford, Connecticut 06183 RE: Engineer's Recommendation for Final Acceptance Whistling Valley First, Second and Third Additions City of Lake Elmo, Minnesota Dear Mr. Fern, We have reviewed the Developer-installed improvements for the Whistling Valley First, Second and Third Additions, as completed under the Standard Form of Completion Agreement between Surety (Travelers) and Contractor (Colbalt Contracting), dated October 31, 2011. We find that the work has been fully completed in all respects with the exception of meeting the specified Final Completion date of June 15, 2012. The Improvements are hereby declared to be complete and acceptance of the Improvements by the City is recommended upon receipt of a 2-year warranty bond in the form and amounts acceptable to the City Attorney. The warranty period on the improvements will be in effect from the date of receipt of the warranty bond for a period of 2 years. Sincerely, C/ Jc M(Jack) W. Griffin, P.E. City Engineer f Il Cc:" Dean A. Zuleger, City)Adbministrator Cathy Bendel, Finance Director David Snyder, City Attorney Kyle Klatt, Planning Director Mike Bouthilet, Public Works Superintendent 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651,747.3900 CITY OF LACE ELMO_MN WHISTLING VALLEY FIRST. SECOND,AND THIRD ADDITIONS CERTIFICATE OF COMPL.F.TIO DATE C* I-M .ANCE: November 14.2012 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: TRAVELERS CASUALTY AND SURETY COMPANY OR_A_MERICA&: COLBALT CONTRACTING PROJECT NAME: WHISTLING VALLEY FIRST, SECOND,AND THIRD ADDITIONS PROJECT NO.: 2011.115 ® 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 Standard Form of Completion Agreement between Surety, (Travelers) and Contractor (Colbalt Contracting) dated October 31, 2011, and related Contract Documents as prepared by Engineer (Solution Blue, Inc.) dated October 27, 2011. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: November 14,201.2 John W.Griffin;P.E.,City Engineer LLL..��� d.V?�M t.t 1 1. .✓ PITY OF LAKE ELMO,1It1INNESOTA I1 THE WARRANTY PE .IOD BEGINS Date of receipt of AND ENDS ars t; eaf er warranty bond LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM#: 9 MOTION Consent Agenda AGENDA ITEM: Accept New Insurance Agent of Record SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REOUESTED- As part of its Consent Agenda, the City Council is asked to approve the acceptance of the Northern Capital Insurance Group as the Agent of Record for the City of Lake Elmo. No specific motion is needed, as this is recommended to be pant of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: In the last year, many cost savings modifications were made to our existing policies based on suggestions by the Finance Director due to her experience with insurance. Although the insurance agent should actively suggest cost saving strategies and alternatives, that has not been the case with the current agent. As a result, we have sought out referrals by other Cities and the most prevalent agency was Northern Capital Insurance Group. The consistent feedback is that they have saved the Cities premium dollars and time due to being very familiar with dealing with the League of Minnesota Cities. RECOMMENDATION: It is recommended that the City Council authorize the appointment of Ronald Youngdahl, agent of Northern Capital Insurance as the Agent of Record for the City of Lake Elmo. ATTACHMENTS: 1. Insurance Proposal 2. Agent of Record Authorization form required by the League of Minnesota Cities. INSURANCE PROPOSAL Prepared For. _ _ z V Cit of, Lake Elmo W re. x` �n s:. Presented by: dahl sRonald L. Young Northern Insurance Group. P.O. Box 93 Minneapolis, MN 55440-93% -8819 October 10. 2012 Dean luleger Cathy Bendel City of Lake Elmo 3800 Laverne Ave. N Lake Elmo, MN 55042 RE: Insurance Agent of Record Proposal Bear Dean and Cathy: The following presentation describes our Agency's background and the"proactive" service package we offer to all of otu°City clients. The overall objective of our service package is to save our City clients premium dollars and save time for our clients dealing with the League of MN Cities by: • Onsite Insurance Audit of We will complete an insurance audit of current policies acid make a physical audit/photograph of the City structures,vehicles, equipment, and insurance exposures. The benefit of this audit will be to save premium dollars for the City by eliminating and coverage duplication, unnecessary coverage,and uncovering any insurance gaps in current program. The Physical Audit Report will also be used as a Risk Management tool to make the renewal application to the INC easier and more accurate. • Workers Compensation Claims Manage )ent- Our goal is to save premium. dollars in Work Comp by moving all our. clients to .80 Experience Modifications. We do this by proactively managing larger loss time claims and control the process to keep costs to the City down. We also review all claims reserves and engage the LM.CIT in.reducing these reserves to lower Experience Modification and Work Cornp prenaiutns. • I'ropert i/Casualty Claims Mara rent-Again, our goal is to save premium dollars by getting all of our clients below a. 1.00 Experience Rating Modifier. We also show our larger Cities how to save additional premium..by choosing the best LM.CIT Deductible Aggregate Modifier option based on our risk retention. analysis. • begat Services Hotline- We offer a legal hotline for our City clients. This is available for calls relating to Human.Resources, Work Comp, Land. Use, or any other City business. 0 L..NICIT Internet AMIicakion "Hands On"Renewal Assistance-From our online experience are will make your renewal process a"one step"renewal by pre-entering renewal information which will eliminate most of your paperwork. : Other Standard Services Claims Analysis and Loss Control Coordination Risk Retenti.onl Deductible Analysis Claim Handling Assistance Prompt Response to City Staff Insurance(questions Certificate of Insurance. vehicle Insurance Cards Construction Contracts Review All Other Insurance/Risk Management Issues We are looking forward to the opportunity to work.with you on the 2013 LMCIT renewal. The agent transition will be a seamless process starting with the attached Agent of Record Request which we will submit to you LMCIT underwriter. If you have any other questions please contact Carl or myself and,by all means contact our city references for their experiences working,with us. Sincerely, R.L. Youngd,hl�",— Vice President Carl Bennetsen Public Entity Accounts Manager -- TABLE OF CONTENTS I. Mission Statement & Professional Affiliations 11. Agent Services for Municipal. Clients A. Municipal Coverage Checklist B. Risk Detention Analysis tl . Public Entity Service Team IV. Municipal Client Reference list V a Agent of Record Authorization Northern Capital Insurance Group A . Northern Capital is a privatcly held brokerage company that.has been a leader in the industry since 1978.Northern Capital is a Minnesota based.agency that has the experience and personal attention to meet your needs. We have no out of state home office bureaucracy to get in the way of servicing our clients. This allows us to deliver a comprehensive array off ser-6ces to your clients and follow through on the commitments we make to our clients. NORTHERN HERN CAPITAL I1R MISSION ■ "I'o provide the City with the most cost-effective insurance program in conjunction with the League of Minnesota Cities Insurance Trust(LMCIT)_ e To do this by working with the City to customize a program that will enhance the value of the LMCI'1 coverage. 0 To provide a.unique.value added Agency program that is service driven and risk- management oriented. a To accomplish the above with the dedication of our Agency team's long term experience and knowledge of City exposure and the LMCIT coverage. PROFESSIONAL ASSOCIATION MEMBERSHIPS AND EDUCATION MN Government finance Officers Association The mission.is to promote excellence and leadership in the government finance profession by providing;duality educational opportunities. Minnesota PRIMA(Public Risk MamaLement Association) Its stated purpose is to provide practical and current information on.Risk Management and Safety issues. INCIT Safety and.Loss Control Workshop, An ursurance agent's agenda of pertinent information to help inform client Cities with the latest.insurance;coverage and claims. Northern Capital Agent Services Northern Capital's unique proactive services include: Insurance_audit of City-Agent will complete an audit of the current City and EDA insurance policies,and physical audit/photograph City structures,equipment,to be used as a risk management tool for the LMCIT coverage renewal process Workers Consuensation Claims IVManagement-Our goal is to proactively manage claim, reserves to lower the WC Experience Modification and premiums.using oure WC claims management consultant. Prow ert-°/Casual ,Claims Management- Save premium dollars by getting our clients below a 1.00 Experience Rating ;Modifier,and by choosing the best I-MCIT deductible option. (See Exhibits) • I. l Services Il;otline-A legal hotline for our City clients,for calls relating to Human Resources, Workers Compensation,Land Use,or other City Business. ■ LIMCIT Online Renewal Support-Our LMCIT online renewal support service will make your future renewal process simpler and time saving by pre-entering and updating renewal. information. • LINICIT Coverage&Premium Surnmarv-Agent will.provide a detailed summary with premiums by coverage,department, and individual items to facilitate City expense allocation. The agent will perform the following services: • Assist the City in evaluating municipal agreements and City contracts for insurance concerns. • Advise and assist the city in assembling the underwriting data, including updating values, for the renewal rating process. • Advise and assist the city, in evaluating and selecting among coverage alternatives such as deductibles., limits, optional coverage's,alternative coverage forms,etc. • Review coverage documents and invoices to assure coverage has been correctly issued and bi I led. • Advise the city on potential gaps or overlaps in coverage's. • Assist:the city as requested in submitting claims and interpreting coverage as applied to particular claims. • review loss reports for correct reporting,appropriate reserves,etc. • Assist as requested with safety and loss control activities. • Assist the city in.identifying risk exposures and developing appropriate;strategies to- address those exposures. The above list is intended as a starting point. The city and agent will review and discuss this list to determine if specific services should be added tc)this list to meet the City's need and situation. MUNICIPAL COVERAGE CItIECKUS` * City of Coverage Dates: Coverage Symbols: Y=Client has Coverage N =No Coverage PROPERTY Y N AUTOMOBILE Y N Buildings ❑ ® Tort Limits-Waived ❑ :! Contents ® ❑ Claims Made Liability © ❑ Mobile Property ❑ Q Owned Units ❑ Property In Open ❑ Hired/Non-Owned Liability 71 Builders Risk to 2 Million ❑ Z IUM/UM Liability ❑ M Replacement.Cost ® ❑ Garage Liability ❑ Terrorist Activity Z ❑ Garage Keepers ❑ M Flood LMCI.T Limited Coverage ❑❑ � Seized Vehicle Phys. Damage ❑ Z Loss of Revenue Accounts.Receivable ® ❑ WORKERS COMPENSATION Valuable Papers ❑ Minnesota Statutory ❑ Petrofund R.eimbursem.ent. ❑ Employers Liability ❑ Infectious Disease Testing ❑ Z EQUIPMENT BREAKDOWN Peace Officer Stress Benefits ❑ Z Boiler& Machinery ❑ ® Elected Officials Covered ❑ Computer Equipment ❑] ® Board& Commission.(Listed) ❑ Z Computer Media/Data ❑ Z Retro-rating Option ❑ Income Loss/Extra Expense ❑ ® Medical Deductible Option ❑ Z Ice Rink Buried Pipe ❑ Z EXCESS LIABILITY CRIME Limit $ 1.000,000 ❑ Money/Securities/Forgery ® ❑ Band-Faithful Performance ❑ Z OTHER. Liquor MN Statutory MUNICIPAL LIABILITY Loc, Tort.Limits-Waived ❑ Z Defense Cost Reimbursement ❑ Claims Made Liability ❑ ❑ `� _ ❑ ❑ Fire.Damage-Legal ❑ ❑ _ ��.__ _` ❑ ❑ Medical Expenses ❑ El Mold Limited Coverage ❑ ❑ city, of Pollution Liability-Urnited Z ❑ Signature: Products/Completed Ops Z ❑ Print Name: Asbestos Claim-Limited Z ❑ Title: Land.C..lse Regulation I ❑ Date: Fireworks Display ❑ No Fault Sewer Backup ❑ ❑ Northern Capital Insurance Group Public Officials E&O ® ❑ Signature: Employrnent Practices Liab. ❑ Print Warne: Ronald Younod.ahl Title: Vice President Date: *The coverage afforded by the LMCIT Covenants described herein is subject to all the terms, limits, exclusions and conditions of such coverage covenants. Northern Capital Agent Services Example: Risk Retention/Deductible Analysis City of Deductible Options—Estimated Premium Savings Basis_ $56,610 Property &Casualty Package excluding Employee Dishonesty Bond and Machinery Breakdown coverage's. Current $500 Deductible—Currently 3.5%Credit y Year Deductible Paid& Pending �..�.._._._.._._ . __........ $SOU 201.1 _...._.._.............__._..- ...._........._.........__..... _.. .... -.__.__._..__... ._..._._....._._.______._.n. ., ..._w. ._.._.____..__._.._.,__...._._..__.___ ._.._,__......,._._. 2010 1 $1,850 _.._. ..._.._._............. __.__....__.v....- -__...__..........._.:..._...._..........._.._....._......_...., .._._.._..__ .._. __..__._.._..._..._..._._.....-. --._.__..._.._.._._....._ ! 2009 k $2,320 __...._ ...w._..._..._..._......._..._......._........_... __—_..__....._......__w__..._._.__,......._..... 2008 , so _ _.__.............................—.-.........._.........__......._..........................--..._...............__......w._..._.......-___................ . 2007 1 S500 Option. $2,500 Deductible 11.5% Credit($4,693 Additional Credit) 1 Year I Additional Deductible ; Net Gain/Loss _._....._._........_......._w......___...._............_.................__..._......_... .: _._...._ .._..,.....__.... .........._._............................._.........__.._w....._..._._.._....._.._..... _..__...._.._...,_.......... 2011 1,710 $2,99' __._._._._._........w............... ....__ __._.�... .___..�_..._...__ _..._...........w.__._..__..._....._ _.._.._...__..,___..__.__......__.__.__._.__.._............_,_..,.................._._....._.._...... 201.0 $3.333 +$1,360 _.__._.....n...__.........._______. .._�.._.___._w._W._....__.._.___.._.._.__.._.._..,._ ..W ...__.__.._......_._._.._._..._. ___—...._.._.._...__.__._._..._.....,.... ...._ _._.._..._._... 2009 $4.553 +$140 i 2008 i...so _. _ +$4,693 f _........... m.._..._ ...... 2007 '2,5 + 2.193" _.._.-__..._..__.._.._.__.___.._._.__.._......... -$1.1,369 "niN.n'""+;fF��".�`F.C:.'.SS1i�L3.'.. �:`4alS'_c.Kv`G9^Hk':'R�tii+NfmG'=.='iLs4H_.••-»� -�g9tA3i9:S.py�''.xJ.!N,�qi�—"t_'ww3'?N".cY'hEfFIYIL`�!�:y^ xr`�'S."»:-P` .%T1.-'�fii'. Y ".,.„�li�'G"MaR.Y�"J.S"?S�✓,�t-� Option. $5,000 Deductible— 1..7% Credit($7,920 Additional.Credit) Year Additional Deductible Net Gain/Loss 2011 ; $1,170 +$6.210 __.......w........_ ..._._......_.........--.................��...__ .._..��_ _. -.._.._....._._.._...._._ __.._ _.__.._.w..._ _�.... 2010 : $5,833 __....._______,_ 20t19 ' $4,552 +-$3,368 2009 $O 7 + S7 920 _., ........ __............. _....._ ._..._.._._ ..._._ S22,505 a^.N3}l�SiA'9:'.:'�^i.._.,.Y�"^•':vY-Ys^Yh43�eY'GY.nSI�� -`"F"f+N°3:.'N.�,r'1n�S:;C:'X.iW.Nn'4b4`F.'M.�.."X�'c�5c'L3,Sb.''y�.t`..`L�J.'.Y�^��:VW.'li'GAG=?"m'^...�vLGHYGu`�Kfb�MY'.K+�:YAS^.l�i i.'�'-�.�^q:�_5. �T"�4".1�."".'.u^y-� -.wG'sal� Conclusion: I. Premium increase.from 2007-2012 was 44.7% ($40,968 to $5€},288) 2. Clahns: Seve€-ity concern,not a.frequency problem 3. 1.1arger Deductible Puns: Would recommend.establishing a City"insurance F und,' from which premiums and loss deductibles are paid. The "premium basis" should be at the $500 deductible premium basis to provide funds for the higher deductibles. Northern Capital Services Tea Team Executive Manaizer. Licensed.Property and Casualty agent. i Ron Youngdahl Founder of R.L. Youngda.hl &Associates Northern Capital ': that merged in 2000 with Arthur J. rlv{r rop. Otirig_da.hf.c€rn i Gallagher. Has been involved with 952-996-891.9 4 municipal clients for 25 years ` Public Entity Accounts Manag Licensed .Property and Casualty agent. Carl Bennetsen j .I�onnerly affiliated with R.L. Youngdal & j ' Northern Capital Associates.Has worked with The League l e�r�n. tsar{u.rzs rt_hc_rr cula-I-Irttt'cotri of MN Cities Insurance Trust since its 952-996-8864 - - inception. Primary focus is municipal accounts. 'r _..____...M_.._�__ ._._.__ .. Insurance Marketing account E: ecutive Licensed Property and Casualty agent. Kristy I-Iagner j Customer Service and account marketing Northern Capital `: including coverage changes and updates 952-996-881.3 _ .. Legal Services Hotline I Kennedy & Graven is currently the largest Kennedy&, Graven ` Minnesota law firm that practices Peter G. Mikhail ( primarily in local government law. Hotline )ke ed-;,raven.conn. ':. services for our cities include: employment 612-337-9220 ! and personnel issues;land use questions; Mary D. Tietjen and other municipal law questions. Ii.e ` nc' `ke4r �f5. ra °en..czx_ Additional services beyond one hour per 612-337-9277 ` issue are subject to negotiation. Robert J. Vose r5'ti) t' a?l�ti;ll3 g�"sivep..corn i i 612-337-9275 Workers Compensation Claims Provide claims review f©r accuracy of Marra-gengent I reserving;and effect of Workers Tracey Bryan Compensation.experience rating. All other Claims/Experience Mod Consulting services are subject to negotiation. f KB A Inc. tbr.ar;�.i).kl�a�;f:F�rtsz.€l «rzz�. _4.s..c�rn 952-935-2100 EmploAe Benefit specialist Complete benefit programs including Rebecca A. Deelstra group medical. group life,and disability Northern Capital Life & Health plans- 'Mese services are available rde 4l.str ;cir� in.w°.� separately and are not included in the fee ! 952-996-8845 ( agreement. a NORTHERN CAPITAL MUNICIPAL CLIENTS REFERENCE LIST City. of New Brighton City of Victoria Daniel A. Maiers,Director of Finance Don Uram, City Administrator 803 Old Highway 8 NW 7951 Rose Street New Brighton,MN 551.12-2792 Victoria, MN 55386-0036 (651.)638-2102 (952)44 3-421.1 City of Eagan City of Spring Lake Park Gene Van Overbeke, CPA, Director of Barbara Nelson, City Administrator Administrative Services Peggy Anderson,Accountant 3830 Pilot Knob Road 1301 81"'Ave NB Fagan, MN 55122-1910 Spring Lake Park, MN 55432 (651)675-5016 (763)794-6491 City of Orono City of Albertville Ron Olson, Finance Director Tina Lannes, Finance director P.O. Box 66 5959 Main Ave. NE Crystal Bay, MIS 55323-0066 Albertville, MN 55301 (952)249-4611 (763)496-6802 City of Deephaven City of Brooklyn Center Dana Young,City Administrator Dan Jordet, Finance Director 20225 Cottagewood Road 6301 Shingle Creek.Parkway Deephaven, MN 55331 Brooklyn Center, MN 55430 (952)474-4755 (763) 569-3345 Cite of'woodland City of Shorewood Shelly Souers Bruce DeJong, Finance Director 20225 Cottagewood Road 5755 Country Club Fed. Deephaven, MN 55331 Excelsior, MNI 55331 (952)474-4755 (952)960-7903 Rory Youngdahl and Carl Bennetsen have over 20 years each of municipal insurance experience with.the League of Minnesota Cities Insurance Trust. Our previous agency, R.L. Youngdahl & Associates(later a merger partner with Arthur J. Gallagher Co.),was the. LMCIT Agent of Record for several.metro area cities of a similar:size and exposure (including the cities of.Eagan; New.Brighton, and.Orono). About three years ago, after calls from several prior municipal,contacts,Ikon Youngdahl and Carl Bennetsen reunited to form the.Agency's Public Entity Service Team. Our problem solving proactive approach is based on the"hands-on"municipal service program.that we initiated at R.L. Youngdahl& Associates. We are looking for quality municipal clients that have an interest in controlling their insurance costs. and are looking for an agent with enhanced risk management services. A K.E FLN40 November 20, 2012 To The League of Minnesota Cities: This confirms that effective immediately, we have appointed Ronald Youngdahl, agent of Northern Capital Insurance,P.O. Box 9396, Minneapolis,MN 55440-9396, as our insurance agent of record with respect to our property/casualty insurance. Northern Capital is hereby authorized to deal directly with The League of Minnesota Cities Insurance Trust with respect to changes in our current insurance policies. This letter also authorizes The League of Minnesota Cities Insurance Trust to furnish Northern Capital with.all information they may request as it pertains to our insurance contracts,rates,rating schedules, surveys,reserves, claims and all other data they may wish to obtain for their study of our present and future insurance requirements. Sincerely, Signature Date Title ::.:........... ........:.:.. ri�t� c1�r�� c�[�-� LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/12 CONSENT ITEM 4: 10 `RESOLUTION AGENDA ITEM. .Lot Size and Septic System Variance— 8961 37`h Street SUBMITTED BY: Kyle Klatt,Planning Director THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Planning Commission Nick M. Johnson, City Planner SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request from Terri Franzwa, 8367 26th Street North, to build a new home at 8961 37th Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfi elds. The City Council previously approved a similar variance for the applicant's property in 2007,but this variance has since expired. Ms. Franzwa would now like to build a home on the property and is seeking a new variance in order to move forward with her building plans. The recommended motion to act on this request is as follows: "1fove to approve Resolution 2012-60 approving a variance to allow the construction of a new horrre at 8961 37th Street North on a lot that does not rrreet the City's minimum area requirements for•lot size or the required rrrinitnum suitable area for septic drainfr.elds." BACKGROUND INFORMATION: The attached Planning Commission report includes a detailed review of the application along with the original Staff recommendation to the Commission. Should the Council support the Planning Commission recommendation for approval of the request, the attached resolution reflects the findings that were adopted by the Commission.. PLANNING COMMISSION REPORT: The Planning Commission reviewed the variance request at its November 14, 2012 meeting and conducted a public hearing at this time. No one spoke at the public hearing. The Commission raised questions concerning the availability of public water services to the applicant's lot and whether or not soil testing had been completed to verify the feasibility of constructing a sanitary sewer system on the property. Staff noted that public water service is available to serve the new home and that the applicant had performed soil testing. The soil tests document that the site is suitable for a standard trench-type on-site sewage treatment system. PLANNING COMMISSION RECOMMENDATION: Based upon the above background information, Staff report and Planning Commission recommendation, it is recommended that the City Council approve the request from Terri Franzwa, 8367 26th Street North, to build a new home at 8961 37th Street North on a lot that does, not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields by undertaking the following action: "1Mlove to approve Resolution 2012-60 approving a variance to allow the construction of a new home at 8961 37th Street North on a lot that does not meet the City's minirnunt area requirements,for lot site or the required minimum suitable area for septic drain fields." ATTACHMENTS: 1. Resolution 2012-60 2. Planning Commission Report(11/14/12) 3. Application Narrative 4. Certificate of Survey for Lot S. Site Plan 6. Location Map 7. Aerial Photograph of Site 8. Washington County Soil Testing Letter(I l/13/12) 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 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2012-60 A RESOLUTIONAPPROVING A VARIANCE TO ALLOW THE CONSTRUCTION OF A NEW HOME ONA LOT THAT DOES NOT MEET THE MINIMUM REQUIREMENTS FOR LOT SIZE OR SUITABLE DRAINFIELD AREA WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Terri Franzwa, 8367 26"'Street North(the"Applicant") has submitted an application to the City of Lake Elmo (the"City") for a variance to build a new home at 8961 37th Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields, a copy of which is on file with the City; and WHEREAS, notice has been published,mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS,the Lake Elmo Planning Commission held a public hearing on said matter on November 14, 2012; and WHEREAS,the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated November 20, 2012; and WHEREAS,the City Council considered said matter at its November 20, 2012 meeting. NOW, THEREFORE,based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.017. 2) That all the submission requirements of said Section 154.017 have been met by the Applicant. 3) That the proposed variance is to build a new home at 8961 37th Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area on one acre for septic drainfields. The Applicant's lot is 0.86 acres in size and the Zoning Ordinance requires a minimum area of 0.9 acres for a lot of record to be considered buildable. 4) That the Variance will be located on property legally described as follows: Lots 1 and 2 of Block 2, Kenridge Addition in the City of Lake Elmo, Washington Council and State of Minnesota. More commonly known as 8961 37th Street North. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: That the proposed use is reasonable because prior to 2007 there was a single family hoarse located on this site and the property was previously considered buildable as part of a subdivision that was platted prior to adoption of'the City's present Zoning Ordinance. With the subsequent adoption of larger minimum lot size requirements by the City, the lot house was considered a legal non-conforming use, in which case it could have been rebuilt on the property within one year of the previous structure being razed. The re-establishment of a single-family home on this lot is reasonable as it is located in a neighborhood of other single,family homes with similar lot sizes. b) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. ,Specific findings: That the applicant's property is unique due to the removal of the previous structure from the premises and the relatively short time frame after which a new structure could have been built without variances from the minimum lot size requirements of the Zoning Ordinance. The current owner of the property was not responsible for the declaration of the previous nuisance conditions on the site, and instead is seeking to restore the past use that is otherwise consistent with the surrounding land uses This lot is,further unique in that the minimum size for a septic system would not be applicable to a lot with an existing house. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings. The applicant's lot is larger than many of the lots in the surrounding neighborhood and has historically been used for a single family home. The proposed location of the home on the property is consistent with the siting of homes on adjacent lots 8) That the proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific findings:No impacts above and beyond those considered normal for any other single-family lot in the surrounding neighborhood would be expected with a new home on the Applicant's lot. CONCLUSIONS AND DECISION Based on the foregoing,the Applicant's application for a Variance is granted, provided the following conditions are met: 1. The proposed house shall be required to connect to the municipal water system. Passed and duly adopted this 200'clay of November 2012 by the City Council of the City of Lake Elmo, Minnesota. Brett Emmons, Mayor Pro Tern ATTEST: Adam R. Bell, City Clerk _I H F CITY O E ELM MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM 4: 11 AIOTION AGENDA ITEM: Variance—974 Jasmine Ave. N. SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dcan A. Zuleger, City Administrator REVIEWED BY: Planning Commission Kyle Klatt,Planning Director SUNIANLkRY AAD ACTION REQUESTED: The City of Lake Elmo has received an application from Gary and Richelle Jader, 974 Jasmine Avenue North, for a variance to construct an accessory building closer to the front lot line than the principal structure. The proposal involves the construction of a detached garage for the purpose of storage of tools and yard equipment. The Lake Elmo Zoning Ordinance(§154.092) does not allow accessory buildings to be located nearer the front lot line than the principal structure in residential district. The Planning Commission held a public hearing for this variance request on 11/14/12, at which the Commission recommended approval of the variance. BACKGROUND INFORMATION: Gary and Richelle Jader submitted a building permit to construct an accessory structure on their property at 974 Jasmine Ave. N. When the applicants found that the proposed site would conflict with the Zoning Ordinance, they decided to apply for a variance. The proposed site is the most suitable due to a number of constraints,which are outlined in the Staff Report. Initially, the applicants wanted to build the structure further to the West, but were unable to do so due to the location of their septic drainfield, as well as the 10-foot setback required by Washington County. The Jaders wish to build the accessory building in order to store various tools, such as their snow blower, lawn mower, and other gardening equipment. STAFF REPORT: Due to the site conditions of the property at 974 Jasmine Ave. N., the applicants have found it problematic to locate the proposed accessory structure in any other location on their property. The site has several constraining elements, including an existing septic drainfield, steep slopes along the sides of the principal structure, as well as concerns related to access to the detached garage. After discussing these problems with the applicants, Staff made a site visit to the property and found the constraints to be accurate. In order to approve a variance under the new State Statute,the applicant must demonstrate con-ipliance with 4 required findings: 1. Practical Difficulties 2. Unique Circumstances 3. Character of the Locality .4. Adjacent Properties and Traffic Staff reviewed the application and determined that the variance request met the 4 required findings. Additional detail about this review can be found in the Staff Report to the Planning Commission. In addition to the Staff review of the proposed variance, four of the applicant's adjacent neighbors submitted letters in support of the proposed project. These letters support the applicant's case that the proposed location of the accessory building is the most suitable site on the property. The letters of support are attached. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Variance by taking the following action: "Move to approve Resolution 2012-61, approving the Variance at 974 Jasmine Avenue North, as recommend kv the Planning Commission." ATTACIIIVIENTS: 1. Resolution 2.012-61 2. Planning Commission Report, 11-14-12 3. Application and Applicant Narrative 4. Site Plan 5. Location Map 6. Site Photos 7. Letters of Support from the Neighboring Property Owners 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 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 201.2-61 A RESOLUTION GRANTING A VARIANCE TO ALLOW FOR THE CONSTRUCTION OF AN ACCESSORY BUILDING NEARER THE FRONT LOT LINE THAN THE PRINCIPAL STRUCTURE AT 974 3ASMINE AVENUE NORTH. WHEREAS,Mr. Gary Jader and Mrs. Richelle Jader have requested a variance to allow construction of an accessory building nearer the front lot line than the principal structure at 974 Jasmine Avenue North; and WHEREAS,the Lake Elmo Planning Commission held a.Public Hearing on November 14, 2012, and reviewed and recommended approval of the variance to allow construction of the accessory building nearer the front lot line than the principal structure with the following condition: 1. The accessory structure must be located as far from the front lot line as possible while still meeting the required 10-foot setback from the existing septic drainfield. NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves a Variance at 974 Jasmine Avenue North to allow construction of an accessory building nearer the front lot line than the principal structure. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THE '11VENTMTH DAY OF NOVEMBER, 2012. By: Brett Emmons Mayor Pro Tem ATTEST: Adam Bell City Clerk Resolution 2012-61 1 THE- C;[TY C)F TAKEELMO `" MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM #: 12 MOTION Regular Agenda AGENDA ITEM: Approval to put out an RFP for year-end audit services SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: The City Council is respectfully asked to approve the issuance of an RFP to obtain quotes for year-end audit services. BACKGROUND INFORMATION: Abdo Eick and Meyers LLP has been performing the audit of the financial statements for the City of Lake Elmo for over 10 years. It does not appear that an RFP has been put out for competitive quotes during this time. The contract period historically was for three years; the most recent of which expired in 2010. For 2011, due to the staffing changes, a one year extension of that agreement was put into place. RECOMMENDATION: With the competitive nature of the current market and based on comments from other audit firms it appears The City of Lake Elmo may be able to save as much as 15% (approximately $4k) on the annual audit fee expense by merely putting out a Request for Proposal. It is recommended that the City Council approve issuing an RFP for quotes for performing the year-end audit. "Move to approve issuance of an RFP for quote for performing the year-end audit beginning with year-end 2012" ATTACHMENTS: 1. RFP . . Request for Proposal 1-or Professional Auditing Servf'ces For Fiscal Years Ending 2`0 1 29 2013g 2014 November 20, 2012 TABLE OF CONTENTS I. INTRODUCTION A. General Information B. Term of Engagement C. Subcontracting II. NATURE OF SERVICES REQUIRED A. General B. Scope of Work to be Performed C. Auditing Standards to be Followed D. Reports to be Issued E. Reporting to the Audit Committee F. Special Considerations G. Working Paper Retention and Access to Working Papers III. DESCRIPTION OF THE GOVERNMENT A. Name and Telephone Number of Contact Person B. Background Information C. Budgetary Basis of Accounting D. Federal and State Financial Assistance E. Pension Plans IV. TIME REQUIREMENTS A. Proposal Calendar B. Notification and Contract Dates C. Schedule for the 2011 Fiscal Year Audit 1. Preliminary Audit Work 2. Detailed Audit Plan and Programs 3. Fieldwork 4. Draft Reports D. Date Final Report is Due V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance B. Work Area,Telephones, Copiers, Fax Machines, Internet Connection C. Report Preparation(CAFR) V1. PROPOSAL REQUIREMENTS A. General Requirements 1. Submission of Notification of Interest 2. Inquiries 3. Submission of Proposals B. Proposal 1. General Requirements 2. Independence 3. License to Practice in Minnesota 4. Finn Qualifications and Experience 5. Partner, Supervisory and Staff Qualifications and Experience 6. Similar Engagements with Other Government Entities 7. Specific Audit Approach 8. Identification of Anticipated Potential Audit Problems 9. Report Format C. Dollar Cost Bid l. Total All-Inclusive Maximum Price 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each 3. Out-of-pocket Expenses in the Total All-inclusive Maximum Price and Reimbursement Rates 4. Rates for Additional Professional Services 5. Manner of Payment VII. EVALUATION PROCEDURES A. Audit Committee B. Evaluation Criteria 1. Mandatory Elements 2. Technical Qualifications 3. Price C. Oral Presentations D. Final Selection E. Right to Reject Proposals ATTACHMENTS A. Proposer Warranties B. Schedule of Proposed Fees for City of Lake Elmo Audit I. INTRODUCTION A. General Information The City of Lake Elmo is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal years ending December 31, 2012,2013, and 2014. This audit is to be performed in accordance with auditing standards generally accepted in the United States of America;the standards for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States,the Single Audit Act Amendments of 1996, and the provisions of OMB Circular A-133. There is no expressed or implied obligation for the City of Lake Elmo to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered,three(3)copies of a proposal must be received by Cathy Bendel,Finance Director, at 3800 Laverne Avenue N,Lake Elmo,MN 55042 by 4:00 P.M.on December 20,2012. The City of Lake Elmo reserves the right to reject any or all proposals submitted. Proposals submitted may be evaluated by an. Audit Committee, which may consist of industry experts in addition to City Staff.. During the evaluation process the City reserves the right,where it may serve the City's best interest, to request additional information or clarifications from responding firms,or to allow corrections of errors or omissions. At the discretion of the City,firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals,unless clearly and specifically noted in the proposal submitted and confirmed in the engagement letter between the City of Lake Elmo and the firm selected. B. Term of Engagement An initial 3-year contract is contemplated subject.to annual review of performance. All contract renewals will be at the sole discretion of the City,with scope of services and pricing to be negotiated. The City may select a formal bid process after the initial 3-year contract. C. Subcontracting Following the award of the audit contract,no subcontracting will be allowed without the expressed prior written consent of the City of Lake Elmo. 1 II. NATURE OF SERVICES REQUIRED A. General The City of Lake Elmo is soliciting the services of qualified firms of certified public accountants to audit its financial statements for the fiscal years ending December 31,2012,2013,and 2014. This audit is to be performed in accordance with the provisions contained in this request for proposals. B. Scope of Work to be Performed The City of Lake Elmo desires the auditor to express an opinion on the fair presentation of its basic financial statements in.conformity with generally accepted accounting principles. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Govenunental Accounting Standards Board as mandated by generally accepted auditing standards. The auditor is not required to audit the MD&A,OPEB information,or the statistical section of the report. C. Auditing Standards to Be Followed To meet the requirements of this request for proposals,the audit shall be performed in accordance with: • The auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. • The provisions of the Single Audit Act as amended in 1996. • The provisions of U.S. Office of Management and Budget(OMB)Circular A-133. • The provisions of the Minnesota Legal Compliance Audit Guide for Local Government D. Reports to be Issued Following the completion of the audit of the fiscal year's financial statements,the auditor shall issue: l. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. 2. A report on the compliance and internal control over financial reporting based on an audit of the financial statements. 3. A report on compliance with applicable laws and regulations. In the required report on internal controls,the auditor shall communicate any reportable conditions or material weaknesses, as defined by Governinent Auditing Standards, found during the audit. 2 Irregularities and illegal acts. Auditors shall be required to make an inunediate,written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Administrator and the City Council. E. Reporting to the Audit Committee(if applicable) Auditors shall assure themselves that the City of Lake Elmo's audit committee (if applicable) is informed of each of the following: l. The auditor's responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates 4. Significant audit adjustments S. Other information in documents containing audited financial statements 6. Disagreements with management 7. Management consultation with other accountants 8. Major issues discussed with management prior to retention 9. Difficulties encountered in performing the audit F. Special Considerations 1. The City of Lake Elmo currently anticipates it will prepare one or more Official Statements in connection with the sale of debt securities which will contain the general purpose financial statements and the auditor's report thereon. The auditor shall be required, if requested by the underwriter, to issue any necessary documentation to substantiate the financial information contained in the Official Statement. G. Working Paper Retention and Access to Working Papers All working papers and reports must be retained,at the auditor's expense,for aminimum of three(3) years, unless the firm is notified in writing by the City of Lake Elmo of the need to extend the retention period. The auditor will be required to snake working papers available,upon request,to the following parties or their designees: ■ City of Lake Elmo ■ MN State Auditor 3 • U.S. General Accounting Office(GAO) • Parties designated by the federal or state governments or by the City of Lake Elmo as part of an audit quality review process • Auditors of entities of which the City of Lake Elmo is a sub-recipient of grant funds In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF THE GOVERNMENT A. Major Contact Person: The auditor's principal contact with the City will be Cathy Bendel, Finance Director, or a designated representative, who will coordinate the assistance to be provided by the City of Lake Elmo to the auditor. B. Background Information • The City of Lake Elmo is located in Washington County and serves an area of 32 square miles with a population of 8,069. • The City of Lake Elmo`s fiscal year begins on January 1 and ends on December 31 • The City is a statutory City with a Council-Administrator form of government • The City provides the usual services to its citizens which include police and fire services, parks, street construction and maintenance, and land use planning, including code enforcement. The City also provides water, sanitary sewer, and storm sewer services • The City has a total payroll of approximately$1.5 million covering 18 full-time employees and 28 part-time and seasonal staff • The City has a combined budget of$11.5 million • The City is organized into four departments. The accounting and financial reporting functions of the City are centralized. • More detailed information on the City and its finances can be found in the 201.1 annual budget which is available on the City's website at: httu://www.Iakeelmoor, under the Finance tab 4 C. Budgetary Basis of Accounting The City prepares its budgets on a basis consistent with generally accepted accounting principles. D. Federal and State Financial Assistance During one or more of the fiscal years to be audited, the City does expect to receive in excess of $250,000 of State and Federal assistance from various programs. The specific programs and information will be available prior to the interim work. E. Pension Plans All full time and certain part-time employees of the City are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota(PERA). The association administers the Public Employees Retirement Fund and the Public Employees Police and Fire Fund which are cost sharing, multiple employer retirement plans. The Lake Elmo Fire Department Relief Association has its own plan and submits an audited report to the City. IV. TIME REQUIREMENTS A. Proposal Calendar Request for proposal issued November 20, 2012 Due date for proposals December 15,2012 B. Notification and Contract Dates Selected firm notified December 31, 2012 Engagement Letter executed January 15, 2013 C. Schedule for 2012 Fiscal Year Audit The City will have all records ready for audit and all pertinent staff available to meet with the firm's personnel at a date that is mutually convenient. Each of the following should be completed by the auditor no later than the dates indicated. 1. Preliminary Audit Work The auditor shall complete preliminary audit work by February 15, 2013. 5 2. Detailed Audit Plan By February 15,2013 the auditor shall provide the City a detailed audit plan and a list of all schedules to be prepared by the City. 3. Fieldwork The auditor shall complete all fieldwork by April 20,2012. 4. Draft Reports The auditor shall have reviewed drafts of the audit report(s) and completed auditor's reports for the CAFR(if applicable)by May 31, 2013. D. Date Final Report is Due The City shall prepare final financial statements, notes, required supplementary schedules and statistical data by June 15, 2013. The auditor shall provide all recommendations, revisions, and suggestions for improvement to the City by June 30, 2013. The final auditor reports and ten signed copies should be delivered to the Finance Director at 3800 Laverne Avenue N, Lake Elmo,MN 55042 by June 15, 2013. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR &REPORT PREPARATION A. Finance Department and Clerical Assistance The finance department staff and applicable City management will be available during the audit to assist the firm by providing information,documentation,and explanations. The preparation ofaudit confirmations will be the responsibility of the City. B. Work Area,Telephones, Copiers, Fax Machines, Internet Connection The City will provide the auditor with a conference room that includes adequate work space,desks, and chairs. The auditor will also be provided with access to telephone lines, copiers,fax machine, and wireless internet connectivity. C. Report Preparation (CAFR) Report preparation, editing, and printing shall be the responsibility of the City(if applicable). 6 VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Time will be made available to Audit Finns for an on-site visit should one be desired. 2. Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals should be made to: Cathy Bendel,Finance Director cbendel@lakeelmo.org (651) 747-3909 3. Submission of Proposals The following material is required to be received by December 15,2012 for a proposing firm to be considered: a. Three(3) copies of the Proposal to include the following: i. Title Page Title page showing the request for proposals subject; the finn's name;the name,address, and telephone number of the contact person; and the date of the proposal. ii. Table of Contents iii. Transmittal Letter A signed letter of transmittal briefly stating the proposei's understanding of the work to be done, the commitment to perform the work within the time period,a statement why the firm believes it to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for 60 days. iv. Detailed Proposal The detailed proposal should follow the order set forth in Section VI B of this request for proposals. 7 b. Proposers should send the completed proposal to the following address: Cathy Bendel, Finance Director City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 B. Proposal 1. General Requirements The purpose of the Proposal is to demonstrate the qualifications,competence and capacity of the firms seeking to undertake an independent audit of the City of Roseville in conformity with the requirements of this request. As such, the substance of proposals will carry more weight than their form or manner of presentation The Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements. 2. Independence The firm should provide an affirmative statement that is independent of the City as defined by Government Auditing Standards. The firms should also list and describe the firm's professional relationship involving the City or any of its agencies for the past five(5) years,together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City written notice of any professional relationships entered into during the period of this agreement. 3. License to Practice in Minnesota An affirmative statement should be included that the firm and all assigned key professional staff are properly registered and licensed to practice in Minnesota. 8 4. Firm Qualifications and Experience The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. If the proposer is a joint venture or consortium,the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm is also required to submit a copy of the report on its most recent external quality control peer review, with a statement whether that quality control review included a review of specific government engagements. The firm shall also provide information on the results of any federal or state desk or field reviews of its audits during the past five(5)years. In addition, the firm shall provide information. on the circumstances and status of any disciplinary action taken or pending against the firm during the past five(5) years with state regulatory bodies or professional organizations. 5. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners,managers,other supervisors and specialists,who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Engagement partners,managers,other assigned staffmay be changed if those personnel leave the firm, are promoted, or are assigned to another office; provided that the replacements have substantially the same or better qualifications or experience. The City retains the right to approve or reject replacements. 9 6. Similar Engagements with Other Government Entities For the finn's office that will be assigned responsibility for the audit,list the most significant engagements (up to S)performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 7. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed,to perform the services required in Section 11 of this request for proposal. In developing the work plan,reference should be made to such sources of information as the City's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposers will be required to provide the following information on their audit approach: a. Proposed segmentation of the engagement b. Level of staff and number of hours to be assigned to each proposed segment of the engagement C. Sample size and the extent to which statistical sampling is to be used in the engagement 8. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City. 9. Report Format The proposal should include sample formats for required reports. 10 C. Dollar Cost Bid 1. Total All-Inclusive Maximum Price The dollar cost bid should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal. 2. Rates by Partner, Manager, Supervisory and Staff'Level Times and Hours Anticipated for Each The dollar cost bid should include a schedule of professional fees and expenses,presented in the format provided in Attachment B,that supports the total all-inclusive maximum price. 3. All estimated out-of-pocket expenses to be reimbursed should be presented in the format provided in Attachment B. All expense reimbursements will be charged against the total all-inclusive maximum price submitted by the firm. 4. Rates for Additional Professional Services If it should become necessary for the City to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement,then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Any such additional work agreed to between The City and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost bid. 5. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the finn's dollar cost bid proposal. Interim billing shall cover a period of not less than a calendar month. I1 V11. EVALUATION PROCEDURES A. Audit Committee Proposals submitted may be evaluated by an Audit Committee. The City of Lake Elmo reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. B. Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process. 1. Mandatory Elements a. The audit firm is independent and licensed to practice in Minnesota. b. The firm has no conflict of interest with regard to any other work performed by the firm for the City. C. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal d. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work. 2. Technical Qualifications a. Expertise and Experience 1. The firm's past experience and performance on comparable government engagements 2, The quality of the finn's professional personnel to be assigned to the engagement and the quality of the finn's management support personnel to be available for technical consultation b. Audit Approach 1. Adequacy of a proposed staffing plan for various segments of the engagement ?, Adequacy of sampling techniques 12 3. Adequacy of analytical procedures 3. Price Please complete Attachment B C. Oral Presentations It is expected that the City will request all firms selected as a finalist to make an oral presentation. Such presentations will provide firms with an opportunity to answer any questions the Citymayhave on a firm's proposal. D. Final Selection The Finance Director and City Administrator will recommend to the City Council the appointment of a CPA firm judged to be most responsive and responsible proposer for the auditing services requested. The final decision with respect to the appointment will be made by the City Council. E. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the engagement letter between the City and the firm selected. The City of Lake Elmo reserves the right without prejudice to reject any or all proposals. 13 ATTACHMENT A PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Minnesota laws with. respect to foreign(non-state) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts,or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City. D. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name (typed): Title: Firm: Date: A ATTACHMENT B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2012 FINANCIAL STATEMENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF OTHER(SPECIFY) SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 2012 AUDIT Excludes cost of Single Audit(if necessary). B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR. THE AUDIT OF THE 2013 FINANCIAL STATEMENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF OTHER(SPECIFY) _ SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 2013 AUDIT * Excludes cost of Single Audit(if necessary). B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2014 FINANCIAL STATEMENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF OTHER(SPECIFY) SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 2014 AUDIT ** ** Excludes costs of Single Audit(if necessary). B SUMMARY SCHEDULE YEAR NOT-TO-EXCEED AMOUNT 2012 2013 2014 GRAND TOTAL** Excludes cast of Single Audit (if necessary) C Ti I IP.(1 TY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION ................. DATE: November 20, 2012 REGULAR ITEM#: 13 - $ MOTION AGENDA ITEM: Animal Control Contract with Companion Animal Control LLC SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Pro Tern Emi-nons REVIENVED BY, Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: 'Approve a contract for municipal animal control with Companion Animal Control LLC, Bayport, MN in the amount of approximately $7200 per year($6,000 retainer- $1,200 in animal collection costs). BACKGROUND INFORMATION: Currently the City of Lake Elmo places the responsibility of animal control within its law enforcement agreement with Washington County — which has assigned the use of an old squad car specifically for canine dog control—BUT—does not retrieve stray / feral cats. On average, the retrieval of a dog removes a deputy from the road approximately 2 hours,on average—leaving Lake Elmo marginally covered by police. In.the Fall of 2012, the Woodbury Humane Society Shelter informed.the City of Lake Elmo that they would no longer receive dogs from Lake Elmo, if the City did not also provide for the collection of feral cats. Washington County Sheriffs Department will not retrieve cats, so the City has been searching for alternative options. STA {F REPORT: In trying to procure animal control services, the City of Lake Elmo looked to fill three basic needs: I. The humane treatment of animals; 2. The enthusiastic retrieval of cats; 3. A cost effective way to retrieve animals based on capture,not time or mileage. City staff spoke with surrounding communities on their annual cost of retrieval, and program costs ranged from $6,000 - $15,000 per year. A list. of possible animal control options were developed including partnering with Stillwater / Roseville, In this process a list of names was developed that included Brittany Foley, an animal control specialist that works part-time at the Woodbury Shelter. Ms. Foley was vetted, found to meet the basic requirements and was willing to be paid on 24/7 graduated retainer plus per animal retrieval as opposed to mileage reimbursement. The Administrator, with City Attorney review, drafted a service contract with --page 1 -- City Council Meeting [Regular Agenda Item 13] November 20,2012 Companion Animal Control, LLC — Brittany Foley, Managing Member to begin retrieval of canines and cats in accordance with the wishes of the Woodbury Humane Society Shelter. The contract includes: l. A$500 per month 24/7 availability retainer; 2. A $30 per animal retrieval fee from the hours of 7 AM — 7 PM, a $45 fee per animal retrieval fee from 7 PM to 7 AM, and $60 animal retrieval fee on holidays; 3. All efforts will be made to identify the owner and deliver the animal --to the owner with a citation for violation of the leash law; 4. Contractor will carry$300,000 of general liability insurance and name the City as an additional insured when performing animal retrieval duties for a Lake Elmo. 5. The Contract contains periodic review. In addition, to the animal control contract the City staff is in the process of developing a revenue neutral animal licensing and stray animal fine schedule to recover as much of the annual retrieval cost as legally possible. RECOMMENDATION: Based on the aforementioned information, the City Staff recommends the following action: Motion: To engage in a contractual relationship with Companion Animal Control, LLC for the purpose of stray dog & cat animal retrieval under the terms spelled out in the service agreement dated November 20, 2012. Further. the City Staff is instructed to develop an animal license and fine schedule that will create a revenue neutral financial condition for the retrieval of stray animals.. ATTACHMENTS: Service Agreement with Companion Animal Control, LLC SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Deport/Presentation................................................City Administrator - 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 --page 2-- Animal Control Agreement THIS AGREEMENT, made of day of November 2012, by Companion Animal Control LLC, 457 Sixth Street North, Bayport, MN 55003, hereinafter referred to as "Humane Officer" or "Contractor", and the Cite of Lake Elmo, Minnesota, hereinafter referred to as "City" Whereas, the City is desirous of utilizing an independent contractor to perform certain animal control services as provided herein. WITNESSETH, that the Humane Officer and the City, for the consideration stated herein,mutually agree as follows: 1. STATEMENT OF WORK: Contractor shall furnish all labor, equipment, and services perfonned for the duty as humane officer for the City, as set forth below in an efficient and workmanlike manner in accordance with this Agreement. Humane Officer shall comply with all federal, state and local laws and ordinances in performing the duties herein. 2. FEE FOR SERVICE: The City will pay the Humane Officer for performance of this Contract, in current funds for the services set forth herein: a. A monthly 24 hour per day, 7 day a week availability retainer of Five Hundred Dollars ($500.00) per month for the recovery of dogs & cats as directed by the members of the Washington County Sheriffs Office, City Council, City Clerk (as a licensing official), or City Administrator. This availability retainer is for all expenses and time (including mileage) incurred in the recovery of dogs & cats, the completion of any reports, assistance with 1 law enforcement efforts and the administration of any matters involving dangerous or potentially dangerous dogs. b. Thirty Dollars ($30) pick-up and delivery fee per animal (dog or cat) recovered and delivered to the local Humane Society Animal Shelter located in Woodbury, MN during regular business hours defined as 7 AM—7 PM. c. Forty-five dollars ($45) pick-up and delivery fee per animal (dog & cat) recovered and delivered to the local Humane Society Shelter located in Woodbury,MN after 7 PM and before 7 AM. d. S60 Dollars ($60) for pick-up and delivery fee per animal (dog & cat) recovered and delivered to the local Humane Society Shelter located in Woodbury, MN on a major holiday (Easter, Memorial Day, Labor Day, Thanksgiving, Christmas); e. The Humane Officer will not be required to recover or subdue any animal other than dogs & cats. The Humane Officer will not carry or utilize a firearm in the course of her work unless approved in writing by the City. £ Invoices and requests for payment shall be in a form approved by the City and shall be processed in accordance with the City's routine payment schedules. 3. CONTRACTOR'S DUTIES: Contractor shall, upon request of the members of the Washington County Sheriff's Department Office, City Council, City Clerk, or the City Administrator, take all reasonable steps to catch and take into custody any dog or cat believed to be stray, at large or in violation of any City Ordinance or Minnesota State Statute. All apprehension of dogs or cats directed by the aforementioned shall 2 be treated humanely. Every effort shall be made to return the animal to its rightful owner at which time a ciliation shall be issued for violation of the City's leash law. In the event that the animal cannot be returned to its owner, the animal shall be delivered into the custody of Humane Society Animal Shelter in Woodbury MN or other certified animal receiving facility as designated by the City of Lake Elmo. The Contractor agrees to comply with all state laws regarding waiting periods. The Contractor shall supervise the publication. of notice when an animal has been picked up. Contractor shall maintain reasonably adequate books and records of its activities hereunder and make those available to the City upon request. Contractor and the City shall conduct a quarterly review for the purpose of determining the effectiveness of the animal control program, review program costs and implement continuous improvement measures. Contractor shall assist the City in its construction of all animal-related ordinances or procedures to insure humane treatment. 4. INDEMNIFICATION: Contractor, on behalf of herself and her insurers, agrees to indemnify and hold the City harmless against all claims, losses, causes of action, and expenses, including legal expenses, relative to Contractor's performance of this Contract. The City shall not be liable for any loss suffered by the Contractor due to personal injury or because of damage to, or destruction of, any property, or any loss of profits or other consequential damage or any inconveniences resulting from the theft, damage to, or destruction of personal property. City may, at its option,but with no obligation to do so, obtain insurance covering Contractor against liability to third 3 parties relative to Contractor's performance of this Contract. Contractor shall be solely responsible for obtaining at her own expense, any insurance coverage which she may desire insuring herself against personal injury or property damage. Contractor shall indemnify and defend the City with respect to all claims, demands, losses, lawsuits settlements, penalties and other charges arising out of or relating to the acts of the contractor arising out of or relating to its work for the City including reasonable attorney's fees. Contractor shall comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality. Contractor will immediately report to the City any requests from third parties for information. The City will immediately notify Contractor of any requests from third parties or the City for information. Contractor shall furnish and maintain in force and effect a comprehensive general liability insurance policy in a form satisfactory to the City. It shall be in the amount of not less than $300,000 and shall name the City as additional insured and require notice to the City before any cancellation or modification. S. LEGAL STATUS: The parties agree that the Contractor is in full control of the manner in which the work is pursued and the Contractor shall not receive health insurance, worker's compensation insurance, salary, retirement benefits, PERA benefits, or any other fringe benefits offered to employees of the City and shall, in all respects be deemed an Independent Contractor. 6. TERMINATION: it is further agreed that this in a case of violation, breach or non- performance by Contractor of any of the agreements contained in this Contract, City 4 shall have the right to declare this Contract immediately null and void upon written notice to Contractor. 7. REPRESENTATION: The Contractor represents that she employs others who are properly trained to perform the Contract, and if required by the State, is certified by the State of Minnesota. 8. TERM: This Contract shall become effective upon its execution by both parties and continue month to month, subject to termination upon 60-day advance written notification of termination by either party. No amendment or modification of this Contract shall be effective unless made in writing and signed by both the City and the Contractor. All provisions of this agreement relating to insurance, indemnity and compliance with the Minnesota Data Practices act shall survive termination to the full extent needed for the protection of the City. IN WITNESS THEREOF,the parties have executed this Contract as the City of Lake Elmo, Minnesota,on the day and year first above written. Brittany Foley,Member Companion Animal Control, LLC CITY OF LAKE ELMO By: Mayor Attested by: City Clerk 5 LAKE ELMOMAYOR & COUNCIL COMMUNICATION DATE: November 20, 2012 REGULAR ITEM#: 14 MOTION AGENDA ITEM: ,.Application for Council Vacation January 2013 Sf'BNIITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Pro Tern Emmons REVIEWED BY. Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: Results of the 2012 City of Lake Elmo local election will create a one two-year term vacancy when Mayor-Elect Mike Pearson takes office on January 2, 2012. State Statutes define a process where a City Council considers candidates for a vacancy by a defined process and then votes. If there is a clear majority, that candidate is selected. If there is a tie, the Mayor is at liberty to decide who will fill the vacancy, including non-candidates. The Council is asked to recommend the use of a standard application to allow for interested candidates to apply for the vacancy. BACKGROUND INFORMATION: Typically, MN Cities fill Council vacancies via the use of an application and interview process, The City of Lake Elmo currently uses this process to select Planning Commissioners, Park Commissioners, and Library Board members. In an effort to make sure that the most qualified candidate is selected, an application must be constructed that allows all Council members the best look at the individual before determining who will fill the vacancy. STAFF REPORT: Per consultation with Mayor-Elect Pearson, the Administrator has developed a Council application that has at its heart three components: 1. Intent of Public Service; 2. Vision of Policy; 3. Fields of Interest. The application specifically looks at motivation for public service, opinions on growth, and gains a success on a candidate's priorities. There is also a distinguishing characteristic question.offered to gain insight on team-building and style, RECOMMENDATION: Based on the aforementioned info, the staff recommends the following: --page ] -- City Council Meeting [Regular Agenda Item 14] November 20,2012 Motion: Adopt the City of Lake Elmo Council Application with a distribution strategy that includes standard City communication vehicles &newspaper/media distribution with an application.deadline of December 15`h 2012. ATTACHMENTS: City of Lake Elmo Council Application SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - 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 --page 2-- THE ( I` Y OF LA --q E L M 0 City of Lake Elmo Council Application Name Address Phone: Email: Fears Lake Elmo Resident: Occupation: Education: Previous Gout Non-Profit Experience Getting to Know You What do you believe the role of local government should be? What do you believe our role as a City Council member should be? That do you think are the most important issues facing Lake Elmo in the next two years? Five years? What are your thoughts on how Lake Elmo should approach growth? What are your thoughts on regional collaboration and partnership? Please Rank the Following Disciplines of Local Government from 1-9 in Order our Importance to You (1= Most Important, S = ,east) Public Safety _m Street Maintenance — Financially Sustainable Growth Environmental Protection parrs & Recreation Financial Stewardship Water & Sewer Services Traffic Safety Quality of Life (Library, Rec Center,Shopping, Dining) Other_ Describe your Decision-Making Style By Checking All That Apply- Collaborative, Team Oriented Individualized Fact-based, Thoughtful Analysis __ Debate-based What the ONE WORD that describes what you will bring to the City Council that will distinguish you from other candidates? Larne Date .rHF CITY OF MAYOR & COUNCIL COMAJUNICA TION DATE: November 20, 2012 REGULAR ITEM#: 15 MOTION AGENDA ITEM: Adoption of the 2013 City of Lake Elmo Plan of Work SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Pro Tern Emmons REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: The City of Lake Elmo is in the process of improving its operations and communication with taxpayer-residents. Vital in this process is a clear understanding of what will be expected from local government in the coming year. Through a series of meetings, retreats, and conversations a plan of work has been. adopted to clearly define the scope of work that will be undertaken by both the City Council and appointed staff of hake Elmo. The 2013 Plan of Work is founded in five governing principles in thirteen distinct. disciplines of work that produce 59 measureable goals. The Council is asked to adopt this Plan of Work.prior to the adoption of the 2103 City Budget on December 11,2012. BACKGROUND INFORMATION: A large part of 2012 was spent on re-aligning the City budget with critical program functions in an effort to truly understand the cost of doing the taxpayers business. In addition, a concerted effort was made to define the most important goals & objectives of each department / segment of work. The re-alignment of the budget and the definition of priorities is the first step to adopting a performance based budget that allocates resources to the right areas. In addition, while the engineering and planning functions have always provided an outlook for the City Council to review, other functions have not. The 2013 Plan of Work is a holistic look at the operational expectations of the City of Lake Elmo. STAFF REPORT: The 2013 Plan of Work has at its foundation five basic precepts: I. Work must be pro-active and taxpayer-centered; 2. The program must add value to the community; 3. Operations must be efficient, stable and fair; 4. Programs must be cross-fimetional and team-based; 5. Staff members must be allowed to demonstrate expertise in their individual fields. These five precepts are based on the tenants of policy governance and meant to major on the major issues while efficiently handling the minor issues of day to day operation. Further, precepts 1, 2, and 3 are meant to minimize personal agendas and politics. Precepts 4 and 5 are to --page 1 -- City Council Meeting `Regular Agenda Item 15] November 20,2012 allow for the proper use of staff resources and leverage the talent of the staff responsible for execution. These five precepts were then applied against 13 divisible discipline (or categories) of work that represent the key undertakings of the Council and staff in 2013. A mission. statement was developed for each discipline that will be used as a precursor for performance based budgeting in 2014. Underneath each discipline, 1-6 key goals and objectives were developed that must be substantially completed in 2013. Upon approval, balanced scorecards including staff responsibility will be assigned to each goal with Key Success Factors noted. The Plan of Work. will be used to measure both organizational and individual performance. RECOMMENDATION: Based on the aforementioned summary, the Administrator recommends: Motion: To adopt the 2013 City of Lake Elmo Plan of Work as presented with Balanced Scorecards, Staff Assignment-,, key Success Factors completed by January 2, 2013. ATTACHMENTS: 2013 City of Lake Elmo Plan of Work SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - 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 --page 2-- �L. THE CITY OF ___"LM0 LAKE 01.3 r. 6 L_s..5:'v e _;G a a'a _ a The 2013 City of Lake Elmo Plan of Work has been developed to reflect five core ideas of local government. First, our work must be proactive and taxpayer-centered. Second, the program must add value to the community in all aspects. Third, our operations must be efficient, stable and consistently fair. Fourth, program must be cross-functional and team based. And fifth, staff members must be allowed to demonstrate expertise in their individual fields. The following represents the major goals & objectives in the City of Lake Elmo's major areas of work. y� Mission Statement: To provide the citizens of Lake Elmo with the most informed, efficient and transparent customer service experience possible. 2013 Goals& Objectives 1. Continue to develop a multi-platform information strategy that includes a relevant website, daily, weekly and quarterly news updates, and pertinent mailings on key community issues; 2. Create procedures and standard operating guidelines to insure a 24 hour turnaround response on all taxpayer issues; 3. Establish a consistent method for taxpayer input that includes website polling, citizen surveys, focus groups and neighborhood meetings; 4. Procure and Implement Taxpayer/Property Tracking Software for more accurate record keeping and taxpayer information.; 5. Extend the cable franchise for maximum utilization for consumers and public access broadcasting. 6. Explore implementing the Speak Your Peace civil dialogue project in cooperation with Jaycees and Rotary Mission Statement: To thoughtfully adopt a City-wide Comprehensive Plan that maintains the open space E character of the community while balancing attractive, sustainable growth opportunities that meet the re uirements of the Metropolitan Council. 2013 Goals&Objectives 1. Adoption of the Comprehensive Plan for both the 1-94 Corridor and Old Village; 2. Adoption of Architectural Design Standards and Form Based Codes; 3. Development of a "community theme" that produces continuity and identity between the three major planning areas and emphasizes sustainability, 4. Streamline & Improve Policies /Procedures for the handling of routine land matters including but not limited to variances, site plan review, setbacks et al; 5. Achieve 10-20% quantitative easing in Met Council REC Unit mandates and extend deadlines to 2040; 6. Successfully appeal Nass Detachment Case at Appellate Level. ....nuruu_.. x Mission Statement: To create a City Code that is based on the development of an orderly community, reflects state-of the-art municipal governance, and can be fairly understood and applied to the matter regulated. To create a record retention system that provides orderly access and transparency. 2013 Goals &Objectives 1. Update and Amend Section 130 of the Code regarding "Nuisance"; 2. Update and Amend Section 151 of the Code regarding the use of"Signs"; 3. Update and Amend Section 95 of the Code regarding "Animals"; 4. Convert paper files from years 2000-2012 to Laserfiche record retention. sr. Mission Statement: To efficiently steward the tax dollars and other resources of the City of Lake Elmo in a manner that eliminates waste and that maximizes the investment of our residents 2013 Goals & Objectives 1. Approved Financial Policies in the areas of Undesignated Fund Balance, Debt Service Ratio, Repayment of the Internal Planning Loan, and Refinancing of Current Debt; 2. Adopt Pro Forma Financing Plan for the Installation of New Utilities; 3. Implement Performance Based Budgeting for the 2014 Budget; 4. Complete New Water and Sewer Rates Prior to the 2013 Summer Billing Cycle; 5. Complete Audit by May 15th/ Maintain Aa2 Bond Rating 6. Implementation of no-risk developer agreements, escrow policies and surety bonds to eliminate taxpayer risk through development �- •. ". .' ,.�` � a';nnucwxnx:r�;..nnacxwncm .. Mission Statement: To provide the resources and manpower to sufficiently protect taxpayers and their property values from harm. 2013 Goals & Objectives 1. To increase traffic enforcement to improve roadway safety and mitigate the volume hazard caused by cut-through, commuter traffic; 2. To modernize the fire fleet through purchase or contractual arrangement that ensures state-of-the art fire suppression and maximizes firefighter safety; 3. To reduce the number of nuisance properties by 80% by the end of fiscal year 2013; 4. Convert from Washington County to Contracted Humane Officer for Animal Control; 5. Begin the Train Whistle Quiet Zone Application Process; 6. Improve permit review time to 5 working days or less. Fes"`• -.,...�.,.w:.,,.,•s&.:.�:.✓,�,���..'»�-..w«`o�.::-�F.,r. � Mission statement: To construct and maintain efficient infrastructure (streets and utilities) for the purpose of providing safe thoroughfares, potable drinking water, and the elimination of waste. 2013 Goals & Objectives 1. Revise and implement 7 Year Road Maintenance Plan that includes appropriate treatments such as crack fill, chip seal, overlay, re-use/reconstruct; 2. Bid &Construct sewer extension from the Cottage Grove intercept to the Old Village; 3. Construct Keats Ave. trunk water main to relieve head pressure and improve water quality; 4. Negotiate interim water supply agreement with Oakdale to serve the 1-94 corridor. Design Inwood trunk water main extension to 1-94 corridor; 5. Negotiate the extension of sewer from Oakdale to the Tri-Lakes area; 6. In cooperation with waste haulers, develop a community-wide recycling program that utilizes single-stream recycling, a centralized drop-off for over-sized items, and continual education; 7. Develop 201 sanitary system access/ rehabilitation plan. w -Mission Statement: To allow Lake Elmo to develop as a community in an environmentally sustainable manner at a pace that reflects "open space"character and marketplace realities. 2013 Goals & Objectives: 1. Create an Economic Development Authority with business community representation; 2. Approve Sustainability/Themed Residential Development Along the 1-94 Corridor; 3. Develop Business Improvement District in the Old Village District—Establish TIF District; 4. Create Community Image / Branding Campaign that emphasizes open space character. (fresh) Mission Statement: To develop efficient and safe local transportation policy that allows for orderly, lawful � traffic flow. 2013 Goals & Objectives: 1. Develop and recommend a Highway 36 corridor plan; 2. Complete Highway 5 Road Safety Audit; 3. Articulate and Extend Lake Elmo Avenue Traffic Enforcement/ Red Zone Policing; 4. Partner & Enhance Washington County's Manning Avenue Re-Construction Plan. k�. r � 4-. �\ xam:nwxnv8a'w..mvwc.+zm.me:•iA�.+sFNecwe.uv..n..nwnwnttsnm.tr. — rteaxro-v.ett+-+.+ar.. v.Y a4wxuvaarvYA wwnwuwm Qfw^\j..'vn_.rauwW wFw...e�-v..r��..ti.- '::�.' 'rro,Jisu�..as.s�eurude-.o.iEOY..^.fn.-M.tiex's�tmmn t Mission statement: To provide for an orderly process that allows for all Lake Elmo residents to exercise F _ their right to vote. 2013 Goals & Objectives: 1. Add two voting precincts in anticipation of the 2014 elections. z s Mission Statement: To develop a comprehensive and fully accessible park, recreation and trail plan that provides use opportunities for all citizens. n 2013 Goals& Objectives: 1. Complete Park Usage Survey (500 sampled) 2. Full Implementation of Park Maintainer 3. 2014-2019 Park Capital Improvement Plan Adopted 4. Begin Grant Process for Phase I of Trail Plan Implementation � w Mission Statement: To protect the natural resources of the City of Lake Elmo through carefully policy l development, deliberate advocacy for clean groundwater, drinking water and surface water, and proper 2, management of storm water. 2013 Goals & Objectives 1. Work with USEPA, MNDEED, MPCA to secure funds/grants to alleviate infrastructure costs associated with the provision of clean drinking water to our taxpayers as a result of the 3M groundwater contamination —Continue to Pursue Economic Remedies of 3M Contamination; 2. Create wetland and woodlands overlay districts within land use map; 3. In cooperation with waste haulers, develop a community-wide recycling program that utilizes single-stream recycling, a centralized drop-off for over-sized items, and continual education; 4. Work with Washington County and the Valley Water Branch District to mitigate current surface water flooding issues associated with the Old Village. Mission Statement: To create a lean and efficient government that properly stewards taxpayer dollars and =; resources, n i 2013 Goals&Objectives 1. Complete 30 standard operating procedure protocols in six disciplinary areas using key success factor looping; 2. Paperless Council & Planning Commission Meetings by 3rd Quarter 2013. �tG�r:aL.t•Y�''_:v7`T.e'..�0.". ."MSbIDrdc"yM'-�.`�4»cW�,-.-.,s-++^ .«rc »=�". .c^it<5w.uws�,K,a, _ C Mission Statement: To establish the public trust in policy-making by creating a productive, trust-base meeting process that is relevant to the issues at hand and civil in dialogue. 2013 Gauls& Objectives 1. Complete 24 policy-focused meetings & 10 technically-based workshops; 2. Create a citizen based Committee structure utilizing the expertise of the community; 3. Complete an error free, sound record-keeping and technically sound broadcast of all affected Planning Commission and City Council meetings.