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02-24-2015 CC Packet
LAKE ELMO ()//1:;11/107O11 to PI.oride l';/1)11,. Sen'i,vs in a R CJp (»Lrlile o iler Pivstovioc.; /hc (.)peo 3'r-we Ohi,11,70. NOTICE OF MEETING City Council Meeting Tuesday, February 24, 2015 7:00 P.M. City of Lake Elmo I 3800 Laverne Avenue North Agenda A. Call to Order B. Pledge of Allegiance C. Roll Call D. Order of Business E. Approval of Agenda F. Accept Minutes 1. Accept Febntary 3, 2015 City Council Meeting Minutes 2. Accept February 5, 2015 Special City Council Meeting Minutes G. Council Reports H. Presentations/Public Comments/Inquiries I. Finance Consent Agenda 3. Approve Payment of Disbursements and Payroll 4. Accept Financial Report dated January 31, 2015 5. Accept Building Repoit dated January 31, 2015 6. Accept City Assessor Report dated January 31, 2015 7. Jane Road 201 Wastewater System - Approve Site Testing and Monitoring Plan 8. 2015 Seal Coat Project - West Lakeland Township Joint Services Agreement 9. 2015 Seal Coat Project - Authorize Preparation of Plans and Specifications J Other Consent Agenda 10. Planning Commission Appointments it. Council Minutes Format u. Hammes Estates 1" Addition Development Agreernent Amendment Request; Resolution No. 2015-09 13. Savona Preliminary Plat Resolution Amendment; Resolution No. 2015-10 K. Regular Agenda 14. 39'11 Street N: Street & Sanitary Sewer Improvements - Change Order No. 3 15. Amend City Facility Use Policy (h/b/cdfrom .ig) 16. Recording of City Meetings (13Ioyer request) 17. Ramsey Washington Suburban Cable Commission/Tim Finnerty - Comcast Transfer; Resolution No. 2015-11 18. Financial Planning Services Agreement 19. Water Surface Ordinance Amendment - Ordinary High Water Level - Lake Olson/Demontreville (Blow nviles1) L. Discussion Item 20. Rural Area Development Discussion - No AImo B/ger reqfiest) M. Staff Reports and Announcements N. Executive Session to discuss pending or potential litigation relating to non-public employment tnatter. O. Adjourn LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Mayor Pearson called the meeting to order at 7:00 pn-i. PRESENT: Mayor Mike Peal -son and Council Members Julie Fliflet, Anne Smith, and Jill Lundgren. ABSENT: Council Member Bloyer Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Council Member Lundgren asked to add Item 9b. Mayor Pearson asked to remove Item 12, Council Member Smith pulled Items 7, 9, and 10 for discussion. Council Member Fliflet pulled Items 8 and 9b for discussion. MOTION: Council Alember Lipt(Irew moved TO APPROVE THE FEBRUARY 3, 2014 CITY COUNCIL AGENDA AS AMENDED. Mayor Pearion secoilderl the Nolioti. MOTION PASSED 3-1 (LUNDGREN NAY). ITEM 1: ACCEPT MINUTES The Council discussed changes to the submitted minutes. THE JAIVUARY 13, 2014 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS. THE JANUARY 20, 2014 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS. COUNCIL REPORTS: Mayor Pearson: attended Cable Commission and Lake Elmo Park Commission meetings. Met with residents on a code compliance issue; the mayor took issue with previous statements made regarding his interaction with a resident during past lake use meeting. Mayor Pearson recounted what his viewing of the video showed and his recent conversations with subject. He and the subject hoped for a compromise. Council Member Smith: Met with Council Member Fliflet and Washington County Commissioner Kriesel regarding library. Continuing discussions on finding a solution. Council Member Fliflet echoed the positive meeting sentlirient. Council Member Fliflet: residents have concerns regarding traffic on Hwy 5. She would like staff to help coordinate an in -person .meeting with state. Council Member Lundgren: worked on AED funding; talked to John Schiltz and LMC about creating a famier's market; met with HOA and Valley Branch Watershed District advisory committee regarding milfoil issues. PUBLIC COMMENTS/INQUIRIES Dave Moore, 8680 Stillwater Blvd commended the mayor's maintenance of order. He spoke about previous statements made about sewer in the village. He stated that growth is coming and urged the Council to look at the history to ensure that mistakes are not repeated. He also voiced his concern about past council meetings. Wally Nelson, 4582 Lilac Lane N., voiced his concerns regarding actions taken at previous meetings including the meeting schedule and committee appointments. Alex Hermon, 2008 Paris Cove Ct., asked how the officials became council members and for how long. FINANCE CONSENT AGENDA Page 1 of 5 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 3. Approve Payment of Disbursements and Payroll 4. 39th Street N: Street & Sanitary Sewer Improvements - Change Order No. 2 5, Pumphouse No. 4 Improvements - Compensating Change Order No. 2 6. 'Pomphouse No. 4 Improvements - Pay Request No. 7 7. 2015 Compensation Adjustments MOTION: (nil Member Smith moped TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Cortn.i/ AlemberLnildom 'comity' 114? motioll. MOTION PASSED 4-0. ITEM 7: 2015 COMPENSATION ADJUSTMENTS. Council Member Smith asked if the pay adjustments have historically been effective retroactively. Finance Director Bendel stated that they had not. MOTION: kip/ Pearson moped TO APPROVE THE 2015 COMPENSATION ADJUSTMENTS OF $34,297 AS RECOMMENDED BY THE CITY STAFF IN ACCORDANCE WITH THE 2015 CITY OF LAKE ELMO BUDGET AND GUIDED BY SATISFACTORY PERFORMANCE REVIEWS AND THE 2013 DPW CLASSIFICATION MATRIX' IN THE SAME MANNER AS LAST YEAR. Council AfemherF1'ilet seamded molion. MOTION PASSED 3-1 (SMITH - NAY). Council Member Smith requested a friendly amendment to look back at previous years to see if adjustments have ever been retroactive. The arnendment was not accepted. OTHER CONSENT AGENDA ITEM 8: DESIGNATE OFFICIAL PUBLICATION NEWSPAPER OF RECORD MOTION: Council MemberWel moped TO DESIGNATE THE OAADALE-LAKW ELMO REVIEW AS THE OFFICIAL NEWSPAPER OF RECORD FOR 2015 AND DESIGNATE THE ST. PA UL PIONEER PRESS AS THE BACK- UP OFFICIAL NEWSPAPER ON AN AS NEEDED BASIS. Coiriti.71 Member Vmiii fronded the motion. MOTION PASSED 4-0. ITEM 9: PUBLIC SAFETY AND FINANCE COMMITTEE APPOINTMENT Council Members Smith, Fliflet and Lundgren explained their opposition to the appointment of the former council member. Wally Nelson, 4582 Lilac Lane N., apologized to council if he was viewed as inappropriate, but believes he would continue to be an asset. MOTION: .11qp»- Par'; lilol TO APPOINT WALLY NELSON TO THE LAKE ELMO PUBLIC SAFEl'Y COMMITTEE. 77!:;1'oo feco:(1. MOTION FAILS FOR LACK OF SECOND. Mayor Pearson explained his disappointment with the failure to appoint Mr. Nelson and why he thought Mr. Nelson has been an asset to the City's financial status. ITEM 9B: PLANNING COMMISSION APPOINTMENT MOTION: Cilimcil Alembcr till,*nm moved TO APPOINT GARY FIELDS AS A FULL VOTING MEMBER OF THE PLANNING COMMISSION. Alqyilr Peamn secoaded the motion. Council Member Fliflet noted that there may be multiple applicants who still may apply and would like to wait and appoint all new members at the same time. MOTION PASSED 4-0. ITEM 10: AMEND CITY FACILITY USE POLICY MOTION: .11,lior l'ealm moped TO AMEND THE CITY OF LAKE ELMO PUBLIC FACILITY USE POLICY TO INCLUDE A PROVISION THAT ALL STATUTORILY CREATED PUBLIC BODIES AND TAXING AUTHORITIES USING THE CITY'S MEETING FACILITIES VIDEO RECORD THEIR PROCEEDINGS IN THE INTEREST OF PUBLIC TRANSPARENCY Coi/ ,Alcmilber Smith .veronded the motioil. Page 2 of 5 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Council Member Lundgren stated that she know the Valley Branch Watershed District does not want to record their meetings. It was noted that it is not statutorily required. Mayor Peaison explained he is in favor of public transparency. Council Member Fliflet does not believe there is a transparency issue because they are open public meetings. Council Member Lundgrenwould like to table the item until Council Member Bloyer is back MOTION: 31,1yor Pealion moped TO TABLE THE ITEM. C'o/wen limber Smith fecumied the /NO /. MOTION PASSED 4-0. REGULAR AGENDA ITEM 11: BLINKOFF POOL — SALE OF PROPERTY IN DEMONTREVILLE WILDLIFE PARK; RES. NO. 2015-05. RES. NO. 2015-06, VACATION PUBLIC HEARING Community Development Director Klatt provided overview of the background. He explained the land sate discussion at the planning commission and the two recommended additional findings. Staff explained the reason the initial estlinate given to the Parks Commission was not obtained. The estimate was based on the market value and City Assessor appraisal. City Attorney Snyder explained the legal options and implications of each. The question of whether the City would ever W,111t to develop the park land was posed. It was pointed out that there is a natural gas pipeline running across the entire wildlife park that would make future development difficult. Mr. Snyder was comfortable with proposed solution, It was noted that a formal appraisal would cost the city a couple thousand dollars. MOTION: Major Pearon moped TO OPEN PUBLIC HEARING. Lou/ha/ Member iJMdr,, .reamied the motion. MOTION PASSED 4-0. Public Hearing Opened at 8:2.3 pm David and Mary Blinkoff, 7920 DeMontreville Trail North, explained how the pool was permitted and installed. City Administrator Zuleger noted that the initial asking price offered the owners was $6,000.00. The Blinkoffs explained that they had done everything in good faith, but the local contractor has been responsible for the location. It was pointed out that the issue is time sensitive with the sale of their property. MOTION: Council A tmther Stti moved TO CLOSE' PUBLIC HEARING. Comm! Member Liendgen fecon(16.(1 the motion. MOTION PASSED 4-0. Public Hearing Closed at 8:27pm Mayor Pearson recused himself. His company did not install the pool, but mayservice it. MOTION A: Council .11,mti,v- Lthr,trD.: wren' TO APPROVE RESOLUTION NO. 2015-05, A RESOLUTION VACATING A PORTION OF PUBLIC PARK LAND. Council Member F/iflet econcleif the motion, MOTION A PASSED 3-0-1. (Pearson abstained) MOTION B: Cmimil Member 1.-migren mor,.'d TO APPROVE RESOLUTION NO. 2015-06, A RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY FOR $3,000. Catmeil Aleinbel- FkOt seconded the 110 TION B PASSED 4-0 Cotuicil Member Smith expressed her sympathy for the Blinkoffs but explained she would have preferred a higher negotiation price. Council Member Fliflet noted she wants to make sure it is clear this is not setting a precedent. City Clerk Bell explained that the previous question (Motion A) needs to be reconsidered as the vacation legally requires a 4/5 vote for approval. City Attorney Snyder stated that there is no conflict for the Mayor's vote. RECONSIDERATION OF MOTION A: Comkil Illember Smith mooed TO APPROVE RESOLUTION NO. 2015-05, A RESOLUTION VACATING A PORTION OF PUBLIC PARK LAND. Council "limber iiinclren iwoncied the motion. MOTION A PASSED 4-0. Point ofpririlege taken at 8:33pm. Reconvened at 8:40 pm. ITEM 13: 5TH STREET LANDSCAPING AND LIGHTING PLAN REVIEW Page 3 of 5 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Conununity Development Director Klatt presented the proposed 5th St. landscape design. Council Member Bloyer called in to meeting via phone. Council Member Lundgren asked about the acorn lamps and the dark sky policy. It was explained that they will be in compliant. The turn lanes were discussed. The plan does include left tun lanes and right in, right out turn lanes. There will be main neighborhood access points, It was explained that MSA roads require certain specifications. It was explained that the City will be responsible for maintenance. The homeowners do not abut the road, so the City will be responsible for it. It was noted that there has been Public Works input on the impact. It was also explained that the developers will be responsible for initial plantings. The replacement plantings will be City's responsibility No Formal Action Requested ITEM 14: PLANNING COMMISSION WORK PLAN FOR 2015 Community Development Director Klatt presented the 2015 Planning Work Plan. The Council discussed the status of the Village Area planning. It was clarified that the chart did not indicate that it is complete. Mayor Pearson asked that the scope of the Village Work Group be defined and meetings be recorded. Council Member Bloyer asked if the meetings will be recorded. The council discussed the Village Work Group status. Council Member Bloyer's participation was discussed. It was explained that he is not able to vote by teleconference. No formal action taken ITEM 15: EASTON VILLAGE FINAL PLAT: RES. NO. 2015-07 Community Development Director Klatt provided summary of the final plat proposal and the related changes from the preliminary plat. Remaining critical issues are 1) storm water management, 2) east village sewer trunk project, 3) platting of out lots, 4) airport (mAq issues, and 5) final routine checklist items for plat approval. Planning Commission recommended approval 5-1. The required disclosure statement was discussed. Staff currently does not receive any complaints about the airport. The airport safety zones were discussed. The method of delivery of the disclosure statement to subsequent owners was discussed. The lack of an identified builder was discussed. The developer stated that he is still negotiating with builders. City Attorney Snyder explained that it is corrunon in PUD applications to have a specified builder. The fact that there are a large number of walkout basements included in the proposal was discussed. Whether all the conditions have been met was discussed. Mr. Klatt stated that it is staff's opinion that the conditions have been sufficiently met to proceed for final plat approval. Mr. Snyder recommended to Council to make it clear that the future railroad crossing costs be borne by the developer. The proposed street names were discussed. There are concerns about causing confusion with non -connecting streets. The temporaiy access on Nlanning Ave. was discussed. The developer explained his timeline. The park land credit was discussed. It was noted that the Council wants the outlots addressed in the developer agreement. Possible future village design standards and how they would affect the approved plat were discussed. It was explained that there is a two-year timeframe from final plat approval that proposals are grandfathered in. It was also clarified that the Watershed did not specifically require all walkouts. The comprehensive plan's guiding principles for the Old Village were discussed. Mr. Klatt explained that preliminary plat approval includes comp plan compliance. The future railroad crossing and who would bear the costs were further discussed. It was clarified that the staff position is that the developer agreement will address the issue. The developer would prefer to have the costs assigned at a later phase, possibly with the future development plat to the north that will actually include the crossing. The Council opinion is that it is inevitable and favors addressing it sooner rather than later. /WOHON: Cm/mil Member Smith moPerl TO TABLE THE ITEM. Cralmil tember 17///e/ so:wide] the ItIOTION A PASSED 4-0. Page 4 of 5 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Council Member Bloyer asked about Resolution 2014-46 comp plan amendment. He also requested that a land use discussion that allows 2.5 acre parcels be placed on next agenda; would like to file a fon-nal data request from the Library Board regarding previous tenant Serenity Hypnosis and Massage. The Council decided to let the attorney decide any investigation issues. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: meeting with Adam Dunnick from Met Council on Friday 2/6/15 at 11:30 at Lake Elmo Inn; Ca -age Station survey is complete; code enforcement review; There are two potential commercial buildings being proposed on 194 corridor; met with school site selectors. City Finance Director: working on year-end processing and downtown numbers. Council Member Fliflet recognized the large amount of work that the finance director has had in January. City Attorney Snyder: requested that two council members meet with him on code enforcement issue. Council Members Smith and Lundgren volunteered. Community Development Director Klatt: No report. City Engineer Griffin: No report. City Clerk Bell: Noted that there is a special meeting Thursday. February 51h at 7:00 pm here at City Hall. The February 17th City Council meeting has been rescheduled to February 24111 at 7:00 pm. The Elmo Liquor License applicant will be meeting with the staff to consider zoning text amendment. Mayor Pearson Adjourned the meeting at 11:07 pna. ATTEST: Adam R. Bell, City Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Pare 5 of 5 LAKE ELMO SPECIAL CITY COUNCIL MINUTES FEBRUARY 5, 2015 CITY OF LAKE ELMO SPECIAL CITY COUNCIL MINUTES FEBRUARY 5, 2015 Mayor Pearson called the meeting to order at 7:00 prn. PRESENT: Mayor Mike Pearson and Council Members Fliflet, Smith, Bloyer and Lundgren Staff present: Finance Director Bendel, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, City Planner Johnson, City Administrator Zuleger, and Deputy Clerk Gumatz. PLEDGE OF ALLEGIANCE ITEM II: MUNICIPAL CONSENT ON PHASE 1 OF THE DOWNTOWN STREET AND UTILITY PROJECT: RESOLUTION NO. 2015-08 City Administrator Zuleger gave an overview of how this project got moved up from 2018 to 2015. M.any residents in the old village were having problems with their septic systems, as well as floodinc, issues each spring. City Administrator Zuleger also explained municipal consent and what the next steps are. Washington County Deputy Public Works Director Wayne Sandberg spoke about some of the problems in the old village. He also spoke about Washington County's role in this project and the county's partnership with the city. Mr. Sandberg also explained what would happen if Lake Elmo chose to delay this project. Washington County Conunissioner Gary Kriesei also talked about the partnership between Lake Elmo and Washington County. City Planner Nick Johnson gave a presentation about Phase I Downtown Street and Utility Project. This includes Laverne Ave., Upper 33n1 St., 36th St., and the Regional Stomiwater Improvements (downstream. Planner Johnson went over the proposed project schedule as well as gave an overview of what Municipal Consent is. The Preliminary Design for Phase I was outlined. There was further discussion about what would happen if the city did not approve or chose to delay Phase I. The Preliminary Design for Phase I outline presentation was continued. Planner Johnson presented options for 36th Street and Laverne Avenue north of 36th Street. Frank Squadrito, 3570 Laverne Ave., spoke about flooding issues on his property. He also spoke about his desire for city sewer and to see the water issues corrected. Dave Faint, 3617 Laverne Ave., spoke about the flooding issues on his property. He voiced his support for storm sewer. He also said that he prefers Option 2 for both Laverne Ave and 36th St. Mr. Faint also stated his concern for the flooding that takes place in the alley between Laverne and Layton. Bill Wacker, 3603 Laverne Ave., asked about extending 36th street. He also spoke about traffic in, the old village when Lake Elmo Avenue is torn up. He felt that Lake Elmo Avenue should he redone first before the city roads. City EngineerGriffin explained why the city streets were being done prior to Like Elmo Avenue. Susan Dunn, 11018 Upper 33rd Sr N., thanked Washington County for partnering with the city. She also spoke about drainage issues in the old village. She hopes that Washington County is working with the Valley Branch Watershed District on this project. She also asked about the size of the pipes being used. Finance Director Bendel gave a report on the financial considerations regarding the project. The 2015 budget included this project at $8.2 million and now it is at $10 million. There was further discussion regarding the financing of the project as wdll as future sewer. City Administrator Zuleger spoke about some funding options for sewer. The city is looking at various grants to help pay for sewer costs. Stewart Johnson, 3603 Lake Elmo Avenue, is happy to see the improvements coming. He is also concerned about tree removal. He also spoke about assessment methodology. Page 1 of 2 LAKE ELMO SPECIAL CITY COUNCIL MINUTES FEBRUARY 5, 2015 The trees and landscaping plan was discussed. Most of the decisions regarding what types of trees will be used as replacement trees will be made at a later date. Meeting recessed at 9:20prn. Meeti eco ,ened at 9:27pm. MOTION: ColinLi/ illemher &Oyer momi THAT AS WE MOVE FORWARD WITH MUNICIPAL CONSENT WE STRIP THE SIDEWALKS FROM EVERY STREET IN PHASE L Mayor Peaoon semilded the lootioil. There was further discussion regarding sidewalks. There was also discussion about putting an overpass or luideipass across Highway 5 and what the costs would he. MOTION FAILED 1-4 (BLO3ER - AVE). MOTION: (11(!yor 1)(w:oll mired TO RECOMMEND APPROVAL OF RESOLUTION NO. 2015-08, APPROVING MUNICIAL CONSENT FOR PHASE I OF THE DOWNTOWN STREET AND UTILITY PROJECT. Com,i1 Member Blot, Aroneleri the motion, The options for parking and sidewalks on Laverne Ave. were discussed. Option 1 includes parking and sidewalks on both sides of Laverne Ave. north of 36,F, Street. Optiori 2 has parking and sidewalks only on the west side of Laverne Ave. noith of 36d, Street. FIRST MOTION TO AMEND: Gmlicil Alemt:er Smith moped TO AMEND FOR LAVERNE AVE NORTH OF 36TH GO WITH OPTION 2 AL!yor Pewioil se(ohnled the molion to amethl The two options for Laverne Ave. north of 36'h Street were further discussed. The Planning and Engineering perspectives and opinions were given. They both reconunended sidewalks on each side of Laverne Ave. FIRST MOTION TO AMEND PASSED 3-2 (SMITH/BLOIER — NAT). The regional stonnwater management plan was discussed. Frank Ticknor from Washington County explained the stonnwater management plan that the county is proposing. Placement of the stormwater pond was debated. It was explained that there are not very many places where the pond can be put because of the size needed. SECOND MOTION TO AMEND: Collthil Member Smith mooed TO AMEND FOR 36TH STREET TO GO WITH OPTION 1. Couilci/ AlemberBloyer Yecomied the molioil eimend. SECOND MOTION TO AMEND PASSED 5-0. ORIGINAL MOTION PASSED AS AMENDED 5-0. Mayor Pearson adjourned meeting at 10:48 pm. ATTEST: Beckie Gumatz, Deputy Clerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 2 of 2 TI IE CITY ()1= LAKE ELMO AYOR& COUNCIL CO UNICATION DATE: February 24, 2015 CONSENT ITEM #3 MOTION AGENDA ITEM: Approve Disbursements in the amount of $247,751.86 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Item ....... ...... . ....... City Administrator Report/Presentation..... Administrator Questions from Council to Staff Mayor Facilitates Call for Motion ..... Mayor & City Council Discussion Mayor & City Council Action on Motion............ ............ ............................................ Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: $247,751.86 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $247,751.86. No specific motion is needed as this is recommended to be part of the Consent Agenda. LEGISLATIVE HISTORY: NA -- page City Council Meeting [Consent Agenda hem 3J February 24, 2015 BACKGROUND INFORMATION/STAFF REPORT: The City of Lake Elmo has the fiduciary responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Claim # ACH ACH DD6090-DD6111 42371-43425 2626-2663 Amount $ 11,843.64 $ 6,417.85 $ 30,217.08 $ 196,933.29 $ 2,340.00 TOTAL S 247,751.86 Description Payroll Taxes to IRS & MN Dept of Revenue 2/19/2015 Payroll Retirement to PERA 2/19/2015 Payroll Dated (Direct Deposits) 2/19/2015 Accounts Payable 2/24/2015 Library Card Reimbursement 2/24/2015 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council approve as part of the Consent Agenda the aforementioned disbursements in the amount of $247,751.86, ATTACHMENTS: Accounts Payable — check registers -- page Accounts Payable To Be Paid Proof List !Rev: PattyB Printed: 02,1 92015 - PRI Botch: 004-12-/015 Invoice f, Inv Date CROSS Acr0...4,4- the Street PrOrbretinj1S. 21-2644 07.1 '7)015 I 01 -4:41-200-44370 ('onicrenecs & raining 21-2644 Total: ACROSS 1001: ,thiutint rint Dale Description Reference -Fast( Type PO # Close POLine # 385.00 385.00 385.00 0.00 02/74/2015 Blue Card an -line IC' Training ANIA7,ONIN Amazon Inc W/05,1015 528,86 0,00 02I24/2015 Adult Rooks 206-450-5300-42500 Library Collection Maintenance 02,05. 2015 926,44 1400 0//24/2015 Computer: 206-450-53110-12500 Libroly Collection Maintenance 02/05.12015 118,59 0.00 02/24/2015 Office 106-45o,5300-i-3500 Libra!). Collection Maintenance 9ft05.-,015 78.46 0.00 0040(115 DVDs 206-450-53011-42500 Library Collection Maintenance 0205i2(115 198.06 0,00 0724/2015 Teen 1116-450-5300-42500 Library Collection Maintenance 2015 30.67 0.011 0224/7015 Jul.' 206-150-5300-47/5011 L ibrary Collection N1 aintenance 02.:05,2015 9,90 0.00 02./24/20 15 Audio 306-450-5300-42500 Libiniy Collection l\ lainteriance 1,890.98 .1M AZONIN otal: 1,890.98 1ITICAl,1 American Eng and Testing, 66015 .)o 1015 601-49-1-9400-4.10.10 ringincering yen ices 66015 I oral'. AllftIZICAN I oral: 7,846.10 0.00 02/24!)015 Water Tower No 4 7,846.10 7,846.1 0 AP - ToIc Paid Proof 1 i!,,t 102119/15 - 1221 0NI1 No 0000 01)(1f) No (11)1)11 No 0000 No 0000 No 0000 No 0000 No (IMO N 0000 Page I Iii oice 4 0:tle ArAll:FGAI_ American Leal Publishing Corp 103 136 (Or P1015 101-310-1320-43510 Legal Publishing 103136 Total: AMI F(1 :\ mount Quantity Pint Date Descriplion Reference Task Type 11) # Close l'OLine # 495.0)) 495,00 0.00 02/24/2015 Internet Renewal 3;315-3/3-16 BAKERPA I 13aker Palricia 21115-01 1)3;1002015 1.144.06 0.00 01/24//0 I 5 Contract Services - January 2015 0 I -000-0000-20200 Accounts Payable 2015411 02110 /015 980.62 0.00 02/24/2015 Contract Services - Jaiinaly 2015 6014100-0000-10100 Accomils Payable ?1,15,01 01.10201.5 163.45 11.00 01/24170 I 5 Contract Services - January 2015 602-000-0000-20200 Accounts Payable 3-01 (12 10 1015 980.62 0,00 02/2412015 Contract Services - January 2015 (,02—o00...001)0-2,0110 _Accounts Payable 2015-01 I otal: 3.268.75 F1AKLIU';Thor. 3,/68.75 RIFFS Rills Inc. \\*55'245 02:0,L1015 66,00 0.00 02.:24/10 I 5 Smilish Lake 101-450-5200-44120 P•nIals - Buildings W5522-15 'Total: 66.00 RIFFS )('(al: 66,00 1301 -HiNNIF Rohm] Inc 0174854 01 302015 3,994.211 0,00 02/74/2015 2013.132 Pumphouse 4 601-494-9400-4.1030 Fngiin.sering Service 0174854 Total: 3,994.90 ONNIF Votal: 3,994.20 (.• A 1' oi "LOH Januar\ 01:31.2015 10 I -000-000(1-10?01) 01..11,1015 I(I1-4 )0-1'700--13160 Impounding January Foto': \ PI.S('NF:, Carlson 02.02 .=.4115 I o I mo0_0000_12110 Liqu01 License 670.01.) 0.00 10 00 II 00 650,00 650,00 0204/2015 Animal Control Services -Januar20)5 02/24(2015 Dog Pick tip/impound 7ani-7pm 550.00 02124/10 I 5 Refund License & Background Check Fees - 10 Be Paid Prool 1 (12;015 - 12:21 1'N.1) No 0000 No 00110 No 0000 0000 No 0000 Nt 0000 No 011110 0000 No 0000 No 0000 Page 2 11)11)1ce 9 Iti% Dllte Amount Quattlill Pint Dale Description Reference 1 ask ivpe r() # Close IPOLine # Fool: 550.00 CA1ZT5()NK 1 550.)3(1 ARQUEST Car ()ticAuto Parts 2.055-1:3S597 01,13)015 146.60 0,00 0224/2015 Parts 101-410-.1125-42210 Equipment Parts 2055-338597 loin!: 14(0(1 1(155.138716 o0r14.2015 58.64 0.00 02.,24/2015 Paris 101-43(1-3115-4)2111 Equipment Parts 1055-338716 Total: 58,64 2055-33030n 21115 64.72 0.00 (21240(115 Parts• 10)-T10-3125-42210 Equipment Parts 2055-1.39.309 64,72 (.'AP“11iF.S1 1 owl: \ SI Comensl 01'17 21115 7.90 too 027472015 rk1ontli1)- service 1(11- )11-.)2'0--14301) Nliscellancous 1 owl: 7.90 ( (MI(AS I loud: 7,9(i )()N1 City or Inoomingioit Jan -15 111.3171115 31.50 0.00 0-2i24/1015 Lab bacteria lesting 6111-104-01(iii-1.2,711 System 1Maii1(cnance Jon -15 Total; :31.50 CTV[31001\1 riotab 31.50 (-1-1 Ill CU) or Hugo 0; 2015 86.00 0,11(1 //2412015 Building inspection fees 1(11 -120-2400-431511 Inspector Contract Sera ices (1) ci.3,)015 75.Q0 OM() 02i2412015 Milcag 101-110- )400-4315(1 Irv:pi:our Contract Services 1 otal: I 11,9Q (-Ty' 11 [Co '1 111,99 (1 yr !,\ Ki),\ ciry 'zIkdolc 10000460-01 (11!.31 )015 7,983.1Q 0,00 (1)/)4i2(.115 Wale' Ser‘ ice EI-Ig"31/15 South l'it 001.,494_04t)ti....4382ir 1 noo0460-01 Total: 2.983.19 lo Bc Paid proo - (2:21 PM) No MO() 0000 11000 No 0000 Nn (100)) No 11(1110 No 0000 No 111101) rage 3 Amount f)ti inli(\ I'Iul Pale 1}esca'i[)likon Deference `['ask ('T1.1 1,\ IC DA -loin!: RC}S['\` ( I11I-4I0-I-150-13181) Infi,l,nctli (11,10 71115 I(1(--110-1 320-43210 Telephone roo..17 Win 2015 101-12n-2-1(n--I 3_ 11) 1 cl, phone 210047O2 102015 11)1 ..l 10-1450-4 3 21(I Telephone 210047 1)2.1O 2(115 I(II-41O-10; l u,).17 1 011- l 10 1 520--132 I II 2 I n')_4 1111-•I 1 U_ 101(1-J +? 10 Telephone 1'104 112.10,201. 111 I -4 10-3 1 O0.432 10 T cFci'!t!?ttt 1:1 , Rud S: Snnz, Inc. 02, I6 2015 )Mier Pad; t)cd Pro! Services 3(1371 loin!: I .(tIn 1D totl: E[3S(.'(' 171hs.co Technologvi\Veh 12J Tr,(61: 12 03 '1114 )0-21121)0 Accounts, 1'a' ahle 1(10))005X7) 'lt1ltlI: FI3S11_) rota': 101-.17(}_72211-44310 I)uc )7 Snhccriplinn,: 1'201-4-1006 Total [(41it4;1,N(.''(171: 2,053.11) 2,05 1.41 0,110 02'24/21)15 Monthly IT Sery ices - I'eb 2,051.42 107,04 1 7.00 17.00 34,00 47,15 224.65 464,44 3.415,86 02/2412015 Moulhly= phone - Adntin (1)i24/201 5 !Monthly phone - Building 02:24/201 5 hlonthk phone - Conn))ur 02/24 2015 NIonlllly phone 02r24r'201 5 I\Mlontl,ly pltr,rte - [ inDuce 02/14i2015 rtinnrhly phone - Mannin( 0,00 (PO4/101.5 I\innlhly phone - P\\' 2,530,5(1 I}.0)1 02:24.2015 Can-inec Sk€1ti+in Sur\'cy 2.530,511 2,5 ((.5(( 1,1 75,00 1.175.00 1.1 75.00 37,04 i7,(14 37,04 21 0,00 (12.)4120I5 Auto Repair Relercnce Center - Dec 2Q14 02/24/2015 Annual IAMRESPONDING 1'i) # No No No N(1 No No No No No Nn Mn ((000 (10(10 (111110 (101}0 Page 4 { III 11,1t1, 1114.311 2t)15 I01-1'02220-4140o Sn1:11I Fool E Equipment 3441 Total; \II=1'.(il?FS Intal' F 1\ l l' 11; F. linpil� Pil e Scrt ic,° 10,I19 2015 09..-1511-\(1111)_4-;)1311 En9incerin9 Ser'ices 1.85`: 112 1)' 2015 —1 511..44030 Itel,air: Main( Imp fl l 131dgG I S58 Four!: 17N1PIRI Total: 1111---I 111-1 4511-1 ;r,2u 1 101 I 111- 11511-11 C';Ihlc 1111er(tinl (: tlhlc Fot:11: Fazlc'n.l C m1p:m 1Nc.1:\IkSS23 (IL 211 2n15 I n I -I ;I-i 1 _2--11210 E,lu'llnlenl Pa1'I< MII°JI'AK J 23 11,1a1: '\INt14I\8S75 11)1-.1.tu-;125-4 ,10 I #1('l IS 1'„cus Enginetirii, 1 0 7-1 -1)1 1)1: 31 '1)1 5 (11-I)!111-0(111(1-?1)21,10 r\cc+nulsP1i abk' I (,97- 171)1 I nlol: I -02 uI 31 21115 ,411.)01-0400-43113(I 4ngrin :erin2 S€riic'e5 170) 01'31 ')(1 6112.1,};_u,l;#}_.#:#tali Encinc'c1m Scrticc" I112 (11',I '21115 4-01?() Fllcinc,... 17(12 1utal; 43.711 -13.70 43.70 24n.25 1 , 1 30.t)0 3,379.15 3.3 79.1 55.00 25-un Pint Pate Pescrip io Reference 'I.lsk ' s11e I'() # 0.00 112;2412015 SUI) \ (bread 02;24:2(11 5 F:;I,,le Point 1)2 74,)(115 F,gle Point (LO0 1(2 24:21/15 01;14;2(I15 Bonus 23,P.I 11.{i(i 02i24.2(115 Hardware 2 t,SS (1, 24:2015 Harclllarc 29.79 53.(67 0,(11) O2.24/21115 General 9 2U11.25 2,442.25 0.(11) (1'r?4 2(115 Water 2,23 7.75 ((((1 02r24%2((15 Sc1vcr 4,C94.(10 0.110 02 )4-2))15 SttPftc' 9,574 00 1,rotcclnr>; td o No 001)(I No (I(II)(1 No (II1(1(1 0010 (MO No 0(10(I tii,co !II 1)111€ Amotiol ()ijiit Piul Dote Ilefereoce Task lrype PIO # (lose POI ioe tt Til3 91..31 2915 265.50 199- -1N9-0119-41930 Emiiiicering Services () (In 74/201.5 1'015.113 Trimspodotion & Triffic 17(1.1 91 .11-2915 549.59 112.--74/(115 2015.115 Street Nhtinlenance -13030 Engineering SCIA ICeS f -113 01.31 .7915 -10,59 ((.0(1 '24! )()15 7)(115.114 Municipal Aid -10-189-N0110--11939 Fnincrni Ser\ ices 7(0 WOO 0.00 to,24,.'7015 2015.11(5 (7apital Improvement J0n-,IR11-811(1)-43939 F niiei niiSer\ ices -01 111 31 21115 45.00 0,00 07:74/7(115 7015,117 2015 Seal Coat 1:16.,.,iiit..c-ring CV CC 1703 1ot11: 3,3(18,50 1 111...1C'015 .370.00 0.00 112/24;7015 7012.178 11'ffier Design System Engineet in Services 1704 370,00 171)5 2015 408,75 0,00 0224/21115 2013.125 Production Well 4 --104-0100-11030 EmMlecring ice,: 170,5 1 eml: 10S.75 1-7m, 04-.11 1015 370.90 0,00 02;241/01 5 7013,126 Seen() 3-1 Water h1ll-404-0400-13030 1Thgineering Services I 706 in :1( 2015 490,44 9.99 07,--1,10015 '013.12(1 Seetio 34 Se \\ er (,02-105-0450-4300 Engineering Services 1700 10E11: 817.40 I -71111 (111.1t1 21115 700,1111 °MO 11111114/21115 201.3.131 Well No 4 Connecting 0111-404-0400-43030 Engineering Ser ice,z 1707 1 ordl: 1)611,11(1 11W11 (II 3! 20I I05l.25 0.00 07,74/2015 2013 132 Pumphouse 4 fm1-40-1-0-100-..1_10_10 Engineering Scr\-ices- 1708 -Folal: 1,951.25 1710 91 31 2(115 I,S89.99 1011 1)//1412./15 7(113.133 LE •NN trook Water -main Eimrilecring Sell ices 1709 rota!: 1,SNQ.9t1 1710 01.31,73015 10,422.23 0,00 02/74/2015 '013.134 LE ,1ve Corridor 100-4 SO-R000-4311311 Engineering. Ser\ ices 1710 1 oml: 10,427.73 I 711 (11:3171115 1,317.25 ft(u) 07,;24r2015 2013.135 2014 Street Impr FeaihiIit 400-4N0-8000-41010 Engineering Services 1711 1 Lc& 1,817.25 1 712 01 31 7 )(I5 531.00 0.110 (0/74,12915 1914 12(1 State 1-liwav 10 -1111-1N9-8999-1307.0 Engineering Ser‘ ices 1712 LoMI: 5.31,00 1 71,1 01•31,?,(115 3417)5 0.00 07;74/7015 '014.131 30t11 Steel 10"---111-31100-43030 Ellyinecring Sen ices 1713 1 Mal: 3.917.15 1711 91.31 2;115 1„1W.50 9,90 112/24•2(115 '014.110 Jane Road 201 System (,(i'...111.5-9-150-43(139 EmOliccring Service,: No 9999 No 0900 Ni) 91199 No f/(1011 (0(0)) No (1(100 No No WOO WOO (HMO 1)11(11) No (HMO micro • imoo (woo No 0000 lie rzlid (1)? to 1.5 - 12.21 pm) Page 0 1 I-15 111 _lua 4(10-41n 31) 'vices �4ullnllt IZuaIltil} nut t Hate Relerence 'Cask 'J'ctae 1'() tE (ll)se P(ll,ine t' 1714 Total: ,__tsn_4(1(I0-4 30 30 171'> 1 72(1 1 721 1;2• 01,31 17 7 1'o(nl: O1-31 21115 I?e, eloper Pavmenl 0I.31 211I5 Ile, Moiler Payux'nl. 1720 4 utal: OI.31: 2015 De`eliTer Pay 12 III 31 7015 I?ev ,dn1,cr Payments 1722 Iota!: 111'31 ?1115 (I I ':3 12(115 Enginccrinl 2015.120 1 otal; II( \N('O1 l t tnlr,;€ it[, Ps,,tr:lia, 41tc I -'.I III_124€)uu5 t11:22 ,1)15 l'l l .l I0-I 320-42((IHI O(licc supplies RI I(1)2$99115 l olul: f"R:\N(v_11 \" I cool: i):S[R\-'ll.'(_icr':K Scr•,iccs 1I827261)26 01 28,21)15 I!nil rn1 1 14 1726926 "I oral: 111:24 21)1,5 1 IniG,II I11.40 ?o0,(Ill t‘42.51) 641.51) 1(14,(I(1 104.011 I11 74).64) 74 /.611 1,141.85 1,141.85 7 (130,51) 2,(,39.51) 44.5(1 45,51) 263.6(1 263_6(.1 380.00 34(I„011 5 1 .202,8 3 2116,30 206.3(1 206.31) +7.80 11.(!ll (12 24"101 5 2(112.12.9 Keats Ave W'atermain 02 24,2015 20122129 Keats Ave Street (),I10 (12/24:2015 2(}i2"i3 ("em,<tr ll)=1 Cnra'icl 11724:2(115 2(11 2.1'_R :1111t1ris (I.II(1 02,'24/2(115 F4nnlers ('r€,s5illt (LOU ()_' 24/2015 2(11 4.124 Engstrom ((.1)11 (12:24:'2015 2(114,126 Easton \'illage tl.00 02/24/2015 2(114.134 Savanna 11 addition O2224 2(115 2(114.I 30 Inwood PVC) (L0() 02:24 2015 2(115.12U EP Blvd Street Improvement 0.00 02,/24/21)1 5 Postage machine ink 02:�4/2015 1.Itri€i+carts 112'?4/2(1I 5 l4:iI„rnl.s 1N', Nu Nu No Nn Nu No No O(II1l I Nn (00(1.1 N+, I10(IO Page 7 1,11 wiry1111 I)”k 11N2738/611 Tott-d: 1V17471' 'S )015 o 1_130-31ml-4-1170 111111611ns I I S2749712 Total', (3W.-1F I?, VI(' Total: 11 Icsabi 111'1), 20 i5 Re1lir.-.1vlaint Eqpt- 9:11,90 Tolol: II !, 1-FRS Incerctaic :\1111ancy 1110214111)023,3 ('2 05 2,015 int )0_27-N1-41114(1 Fqp( 10))2. 7()1002313 1oird: 11\1412.12S total: \1\111-,INC, Jani-King 01 inoes'olo.1115.. 11N1,121.514137 I I .4201 I (I I 10- 1"411-4-101(1 Pepair..'1\ hint Contractual Bldg N1IN1011150-137 Totnl: JANIKIN( Total; j( [Ns( )N,ff, ,101m,-,011 & 1 in itcr Attorlw),-; 02 14021115 101-000-0000-10/o0 ,Accounts I owl': 11)11 )I\1& 1oiil Kzio,Foe1 oil sci iec -0708 00 1, 1014 I 01-000_0000.2(1,00 Acconnts. l'ay1131e 4791168 1 otal: 023012o15 ifil-ilt)-31n0-12120 Fool, Ill Intl fluids -197o 11 1 otal 77(,, '(11 I 01 -11))))-001)0-2(/ ?O)l AO.",,t1111S NyNhic -107767 1(4;11: - I ,k 31,e Paid l'rool 1 i.it (11' 1(P15 - 12;21 PM) Amount Quantity hitt Date Description Deference Task 'Iype # (lose 14)Line 37,8(1 ;7.80 0,110 112 24 2(115 Unirorms 37,80 7,1)l,32 0.00 01/24i2111 5 Plow Blacle4 7.200,3? 7200,37 79,8o (IMO 02,14P015 Helmet flashlight batteries 79 80 79.80 3?6,(10 0310 (111!24;2015 Fchniary Janitorial Sell ICCS 3-16.0( 1 3 -4).1)0 9,384.00 0,00 02,:)4/1)0 I 5 I .egol Seri ices 9.384,00 9.384.00 I .653.45 0.00 02-'14/201.5 Fuel 1.653.45 170,67 ono 1)2!'114/1015 Fuel 47037 1,111,92 WOO 0),'?4'2015 rucl LII1.92 No 0o00 1\1,1 110011 NI11 0000 o 0000 Nit No MOO N(1 UMW 0000 Page 8 IIJ nicc ;`i 11111 Amoitill ()II:10H). PitIt !Male DescripHoll 1/elexence Task Type l'( tt Close 1101Ape kothrucl Fowl: 3236.04 I _andscap I Anclscape Archilecluw, Iiic 104 ,,rdCI I Ili 02172014 780.00 PDXII Ter PdVillentS Lack order I I) I Oial: 7S0,00 as1; order 2 (0111,2015 300,011 So I -ono -noon- -1.29 I o Developer Payments I ask- order 2 Total: .3911.1(1) Landscap Total: I I 70,11(1 LAM; Rt N Iton's Inspection Sr ‘ ices. LII„C 01.0-1 2015 /.073.50 101 - 12(1-'-11111-431 5(1 Inqpccior Contract Ser\-ices (D-0-1-.1t115 316.25 101-120-211(n.-.1331n (I -Filial: 2,380.75 LAN( 2.189.75 1.1J111_ Like Elmo iDil„ Inc 91.61 n ..430_112(1-12 2() Fuel. 1./11 and Fluids 01:31 2015 196.75 In I —I 'O./PO-12110 Fuel. Oil awl Fluids I oral: ./8836 I_ Rill_ -I (ital., 1_ Mir Ne+ksnap,..r. Tillic..Siihurl,an 01;3n )105 1(1 I I (1,132(1--1_3510 I cl,a1 Publishing nit-io 2105 Ili! r 15 Ill t Publishing 714X Foial: I MIL, 1 oral: I /I 1 olllt'r 10214,N.1 15 1 = 1 HI- 1 10--1-10-111 P.xpairs'klaint Comodual Eqpi 14120(1R-1 I oril: 13, '1 (1224,'201.5 11.110 0):'24/)015 Hammes 0.00 (012,f2015 Building inspector services 0.11(1 01,24,00 15 Mileage 0.011 II27412I/15 Fuel 0,00 112124/21115 Fuel 0,00 02,./4/21115 Notice - Elmo Liquor 29.10 0/ 1-412015 Notice - Tract C land 4-1.33 4233 55,117 0.00 t)) 14f21)1 5 Contract ()venlge Chat ge I I0-14)/15 538.67 lo In' 1015 - 12:21 I'M I 011(111 tiutill No 11(11111 No No 1100 No (IOW No Page 1) Ii vele!' # 1 \ CI 1:( )1) Nlacl,cild \I\ )7()7 '015 1,)1..11()_1450-1.1310 NI iIL1(( I owl: NI WI_ l'01) Total: Amonnl Quanlily roil Raft Description Reference Task pe # Close l'Oline I\ TAO- As,trIciaiion 1,5%1 111 1)1;17.2(115 1 ()L 110- I-)50-4 13711 Conferences Sz 15N, IEN.11..F. Toal: Aca: AR I FI N larier Sherri 02'11 21115 1-311-53011--1'500 (f)lleclion Maintenance I otal: 120_1(1 %I.NRIFP Feral. 121/.16 558.67 57,27 (12''2,1121115 1,NIC CcIrtrerence milenve 57.17 5717 75,00 00 11-L14/2015 Nlembershin Renewal - MacLeod 75,.00 75.(1(1 Nt \ Sannation, Inc (1255 02.0s 201 s Hi; -.110-10_10-4,1840 11 5/.1255 ii2.115;21)(5 1(11--12(1-21211-4,),c;41) Reruse 1(7,115 71)15 f) Rehire 07 115 1015 1(11-120-2 710-15N10 Rehc ;63255 01 051015 206-1511-5100-11,41 5(0255 Tota): nrmu)krys \ RliS() N-letionk 52112 01 03 .2o)i 1111 ---130-5 '200-14010 Rep•iip; Mann F.31(1,),.7. 65 71t) I 1)1.2; 21)15 ii) 1010 1ZepniN Niaint BhlL 667.S1 I ocal: I '11.11) 11.110 112:24,2015 Ancestr).coni Presenter 137()4 0,00 01.14f21)15 ('ily -19.71 0,00 011140015 Eire /16.67 0,00 02. izi.,?015 1 0.h7 11,110 0214;2015 Fire 0.00 02/14i/015 I ibrary 6711,8 670.8 7-4-1.22 0.00 (11/41.21115 BoildliT main. s1Ipplie5 2-1-1.22 IRO) 0.00 1)7-14/7015 Par,.itipplie No OHM) 1J0 11000 N-1 0000 0000 Nu 0000 No 0000 No 0000 N 0000 No N41 Page 1(1 (1 '17 21)15 11)1 -150-,5.2110-1 0(0 Repairs 1\ Bldg 6717S 'Tolal: (11 )N '015 10 I --150-51011--410111 Main( 131dg 67)10 Tool: 01 2U 1015 101-13(1-31 15-1-1040 ['Alp( 07.321 01,111 2015 5'10-11010 131i12 673 )3 I ohil: 1 2c.1 ,(if 101 -450-.5)(111--1-10 Bldg 67379 -1(01' 91:11 21115 101 -150-5 200-4401 Repir Maim Bldg ti7-196 kook 02 05 ,1115 /m4....pi:4_0 loft, 113011 I.\ lkiellaileous 67013 I offil: 0? 00 2(115 i 150-5'0i)-4-in Rgriiis-Niaill( Bldg (007 lotnl: IENA PUS() iri,1 priS1 lciiiiI';'1111\y,iler n2'06'2015 Li 20_220-1-10 In R.,;iiirs'Nfaint Eqpt. 5:32 Total: NIENARDSla Foal: Municipal S -:. 01-70 '015 101- 1,?(4,2210--1-1371) Conliirences S. 1 raining., no5ri -75OSNV oial: r,\ 11i 1 (_'()L N o (14411-?()15 I 1 noon-1 5500 Prop:dd 1041147.; 1 Amotipt nut Jati Descriplion Reference I 1.92 11.00 03/24'71015 Painting Supplies 11.9) 144 0,00 02,241015 Paint 53.44 P.M 02.24r201 5 Sewage pump :mil charger )43..00 )(,01 0,00 02'24/2015 1 ape 21.91 0.00 0'24/701.5 Paint ci,upplies 'S.54 1i4m1 0.00 0212412015 Supplies (4.61 96 0.(1) (0-'24,2015 \Vatei supplies 00,x 2, 106,10 400 0.- 24,2015 Paint supplies', 100.10 SS0.65 22.41 (WO 0)/)4/11115 Vehicle Nliiiillenance -72.43 TrIsl< Type l'O# Close 11)0I,ine N 0,00 0212-V2015 Smoke Liquid for smoke machine 1.460.00 1400 0214'2015 NIonlItly \N'aslovater - larch 2015 1.-166.1111 - Ile raid Proof List in! 19/15 - 1221 pivE) 0000 No 00(10 No 0000 No MOO No 0000 No iin(10 No 0000 Ni, 11(1140 NII 1'441 1/11011 MOO N I I_ I Sr\C Ifllll4'li't. "11 (Fr IR`'l115 S \(` (Inc (\ict ('punch lanl_lal� 2015 Inlal: III-,LII'.1,N 1\-filler I: cataliil! , Itic. W07I t,lll prr,.n inn. _(((3fl I?c(1nirs'1\41ainl Imp Not BI(1gs I'11171 I (DIa1: 1'11 1 7 fly I11 2111 5 n€!I-_IO.(_((loll_(-In;(( Rel1airs,IVIaint Imp Not Blt1)s 1 i11 1 7 1(1(7!: tPil1 1 i.1;\ [(WO: . >>5'ho1 (1),l8 2(115 ivid: 1,iNi u C'ollectil 1457691 111 (16-2111 5 I1125 21115 raid I'rool l__ia (o_?!io 15 - Altiintcnuncc 1'ntl Daft I'eRclereitce `!'rtsl: l tie !'1 f: ((.(I() p2124:201 3 02, -24; 2(115 Water %lain Break (0(I U21)-1:2015 Water Main Break - LE A c I(2,-24 `2(! 15 wrier ,apply connect 3:31,15 (1,9() (12'24i2(115 Subscription 02:'4/2(11; ubscripOon ((.99 (1)')1r2((1 Subsct't(�Iit+t7 on lee POI. No IIII(1(1 No No No 11n (II1(111 Page 12 ()14'0 A1111111111i Onantily rnn Opte ffescriptifm Reference T:Isk 1114111.S 21 Ipe 1'0 I! (lose f )11.1 ).11.17 ()aktl:tle Ocilm-tment 2(115 487.50 0.00 ()2/24/2015 Vehicle 1Z.cspoi1seI PipelJlle Incident o ..000_oo0(1-20"111) rnyahlc 201.321115 487.50 l4.1•\ 1.r.T 487.50 “01:,‘ (;opller.Sffite ()He 21152 01 31 7015 731)5 1111 071247015 1 ckets• 101-130-31011-131.50 irontroct Sriccs 13215.2 -Foul: 73.95 LINF(-.\ [ L Imo!: 73.95 11'4113 l'eth Lihr:iry 315.51 0.00 W.24/2015 Colleclion maituctimice -00--151)-5300-125110 Collectirm Main(cminec 141,01 11.00 07740015 Building mainlerimice f5(1_;•3011_44010 Pcpnirc Nloint 457.42 1'4111 )4.113 457.42 r I NI l< 1iiiLv Sc \vci- tier\ 'wk., Inc. 111M2 2015 11-1(1,00 (00 1)2/)4:1(11 Pumped 0 WAS 2iii).450_,,31111--1-1011) 6-1064 10%11: I MOO N1--:1 1 owl: 11_1(1.11(1 1-'1(.)1)17F1?I' l're!gs 115520307 01'31'2015 3.30,411 0.00 (r):24.'7015 Notic.ec/Polllic Hearing 11125i14 1(11 110-1450-13,510 Pt,hloNotiecs 115521)307 [mar. 339.40 1'101\il7r11" Ford339.40 1'1 11.,1 l'Im11 1-lanw.'il H11111)111e1111" (,.41,41 (14'.2,1.2015 13.0(1 (010 07,24'2015 Cinskct 0)1. 014-94110-443011 64-13(+ 13.00 \ 1' 1 fic Paid 1-'ro1.l1 isi 102 10 12 - 12:21 P11.11 No 0000 UMW 00011 No (MOO No (1(11)1) Nil MOO Pay 13 1'11 (I'S Pou r I01 .120 '229-4 19, mount F 11(10 Main! I c1I'( 51.13(i I nc,tl: Ia1: R \nl)(Ilr,' R: 13(-)('IN. IPJ(' (I2_01 2(115 1111 _111I11-(11 Ai'c"1i11ts I'tl i'nit 1c11a1: R:\LP- 11-'11J I nin1: I!1\ 1),I='1J111' Ri erC'nunU (nniteru(kc 111 11 21115 10I--1n_7.229-421 20 Fool, 1.1i1 and FIliids 1: S<C: I C&"1" OFlicc Products, In!•- 11II4t(155;7 112 114 2015 1+11 •-1 IU-1320--12111II1 (11Iicc Suplllie' o I l)1 15532 112.11•( ?91 5 Ilo1-Ill)-('1111--I2UC)(I (')17ii'e Supplies 411,IF=553 2 1.91;11: \FI:F.1S 1 SIR -Fast late. 118916 Ultic) 2915 1111-.1311-3In11-.1-i1711 ('nilorms. 1-1'io-16 I ntal: 1.1025(1 02'L( 2015 Iul-.t;tl-;I(i(1--121(11) Small Fnnik & Alinnrlquipmcnt 140259 I ntui: f \FFF,\5 F foal: ti('11l ICC I. ( (11')1 2(115 itiC-t.t(-;-Ii#(1-_t-1#rl1) 11'p it iti.lil Reference 1 ask 2,602,28 (I.II(I 02, A/21)15 Repl;lcc. rcnr ti 2,o62.28 2,6i62.28 7,5-11,00 (11111 112r2d'21115 2(1)4 Assescnlen)' 7,5-13.U11 7.543,00 (12/2ar2015 Fucl 109.87 11)I),8 7 2-15.88 t1,1)O 02:24/2015 ,\cllnln 27 93 (L(111 02 24f2(►15 ('I:unti 27181 273.81 16.88 (((1(I 0)/24/'2915 I6.85 7c),00 (1.111) (12/21 2015 7C1,(I(I r)5.88 23(I,OII O,MIO II1/24 2(11 5 I'uto I ants 2:21 f'NI! close I'Ol inc tt Ni 11(111(1 N 1V n No (III(III 11(IIII) N1, 11(I(111 Si!111 \I;Iin'e!Dance t 1. 5 757l Oul: I,1S('1l Coln[; 02 1? 201 5 n 1-a 2n-7 > 2(1--I32 10 l clerlione 77uSSe2 02 I ; ,I)I5 I Zo 2 l 10- 1. 210 TFIrllhone (;(12_I1!5_01i11- 1321 O o5I - 7oS' r�111 .-10.I-0_III0-42' 111 r,; 1770$8cl7, Total: f r. )t 11 (;UV the I ool (luv l-{ 15-k )21(3'2015 t 0) _.ln_I-ri_11)11--12 in0 5n)all look &Minor Fqu 1;5 J3 Total: 21552r, Dl ,C (oio(L# (, (1) 111 2(115 4 II'1-:l1111tnrl: lllilili- In t1115 n2 I2 2015 InI--1-tn-;1?;--I?2II! Fquipnlcnt fall, 28015 l nfotl: 11112 I 15 I22:_'1 l'\If Amount Quantity !'lut Putt, Description Relereoce i :n,(111 (1.)(1 ()7,24:2015 lump ranks 40(I.011 I54.8n n,)n )l2 24 _'ll I S :\shhall 154.50 154,8(1 10),5.; 04)11 (12/2 lr`2(115 Analog - Fire 214.21 0.011 02:241201 5 Analog - I'\V' 82.58 01(1I 02124 2015 Analog - Lill Station .alarm 43,20 f).0)) ((2124:42(115 Alarm - \1'el1 house 2 429.61 129.61 05,45 I).1)11 02,'-1'2(11 5 1 Dols 95.45 95.45 715.(11) (((((1 (12:2412015 February C Icanistg Service 15.0( I 7 1 5.1)(1 I48.97 0,00 112.' 4:2015 ISS92 )y No NJ' IIII(I1) (1)11)l) 111)1(11 jVn Il000 ('tin 1)1111O (1(1111) I li 11):71(‘ 11'..1 111 1 mnl- wirt,o,p, Cily Gardg,:. Poor 11.M17 (11 '015 30-272(1-1-101 Itcpnir'N.Ininl Bldg 1-12N1 7 1 1 1V1NC1 (1(11: 1' ,,01 Coi(e1--:17k or Nliitrie.s..oid 12 17 2015 _t.;‘)_5)iii).4 1370 (.:(m)crctIcc: rota': II oil\ 1 Votnl: \ 0.1i11) -'1115 1()I 0-42100 1'16111.1i ionnS 1' \\ \ (I' 1 oial: -1S1-1TAN \Vas:11111pm Condi) N174774 117:(1,72015 (11 -4 111-1 10-43150 Contind :Services S(719-I Tptal: \VASA! I V\ Tom!: \NTEKSFN17 \Vce(,--1:m(1 Signs Grophics 21153 (11 10.111c 11(4 il..f)(41-41,71730 Repons 11( !dint Imp Nol BI(Ip 2053 1 \Y(F1---..SF(-11) Vvi \ 1(1N \\. II(1 7.915 /1 1..pp0.:(10ii()_,21N(1) Flo:mien! i'crinit Fee,: 1).iyal)le 0i 5020) 'Foto': \ , N)N Tordr. P - 1 11.6,1 l`coot Lis( (02 1(74 - 12:21 11N11 Amount nut Date l'esc.riptioli Reference Task Type ?-75.110 (7(1)1 ((2 2A/2(115 Repair garage (loot at Stal I 125.00 ))5.00 1S5.111) (WO (12f 24i2(115 1 rainii1, - Jaime Colemer 185.on 18.5.0)) S78,011 UAW 02/74/2015 1S:( dt)eumeill7; S1N,(11) S2S:(10 (411).(111 (1.017 ((3 24;20 15 Amomark Fce 0((1).(11) 6(10,11(1 85.()1( (70)) 177, 2q/2015 :Sunfish Park (Sate sign S5 110 85.00 Sf18.5f1 1700 (17i14(2(115 Electrical Inspections - January 808,50 R(18.5 l'f 1 # („:10Se No No (WW1 Nt) I)(11)(1 No (MOO NE) 1111011 Ncr (111011 Page 1(i Ins I};tt( \\ hirce:nli \\'bite :Inil7 tl? 115 2015 -l70i3o 2(1 C';II)lc OIter< 02 0; 2015 1111-1IO- 1"ahlc 02-115 1111--t 1 n- I.15(I-.I.5r;7n C'ahle tTer ((21(5 2)'15 I I I l_-1 I It- l 15(I--I 3o2O C't;hlc r I)/rations 1'ohle Tolul: 012-'2015 \1'll lle1111 FIcr, I 1)1 ' 'n I01-43()-1lo0-43510 Street I (?1iIii 01172015 ((1-,-2015 1111 --1 ,IL . I f)-43R 1(1 Sircet Lighting 1,11_'7_'015 nl '7'n15 Io1--I_'O•??'_(t-13X1() Electrie1'lilil� (1271015 111`'7 21115 (n1 1111-I`)-((I-43S11) ElectricUlilily 111./71015 (11:)7 2015 to ...4;1.3(60-1:((11 SIree1 I ifoit,. 11772(115 111 )7 21)15 I111--1I(1-Ic1.It)--txti(() E.Ic.ticUlilil� PI'_721115 OI )7 `1115 I O I--I511- 5'l)0 4 ;R' .. ol'72015 !of --150.52111)-J :X 0P.72015 ltl--I;r)-5'JII--1 IU Flec ric t.Ilili I ,,,11I5 01t 27 21)15 n1--10-I-r1-I0II_.13:.;10 Electricl!1i(i1, III272I115 I!+I-1;11.:InO-a,)Sltt ClrCel E_Rlllin_', 012?II I5 III 7 !O1 5 I"I--)ill 5?0II-1.<SIO I k-L'Ir c I_Ifilil� :\n!nnnt (t(t►ttit Pm( !Mt? i)escl`ip(inn 55,1111 0,011 )5,1)11 25,00 (L(IO 1(,(1,(1(I 214.97 -I ask (17• 3 2O15 CC Shecitll hleetilt 021'24 7015 C(\I 2 3: 15 O2 24/2(015 Bonus (I 2.')4, 2 (-)15 Rolm; 112/24/211I5 [lcL neol 1-Iti1it\ 75.92 O.(III 1)2:'24%2U15 Eleclricol Chilil� 31,P7 ((.{)t) 02 24/2(115 L-Iec)rlcaI (.ltilltr' 0.0I0 02/24/21) 5 [leenicnl Utility (12.-24 2015 Electrical Utilitd` O.01) 02 21 2015 Electrical Utility 0.00 02,'24//2015 ElecUicall)(ilit\ 777.73 11.58 (1.(I11 32 24 ,015 Electr 132.Oti 725_9J 0,00 02124-2015 Electrical Itili( ' 1.837,00 ((.1(0 02,2at)015 Electrical Utility 44.43 O,O(I 02/24'2015 Flcettical (.'tilitt I67.3S t1.(})) 02:24/2015 Electrical Utility 211.69 (I.(I(I I)2 24 21115 Electrical I-ftilit� O2°24 2015 Electrical U(ilily 0-)/24 `2O 15 Electrical 1 Itilitc' Clow I'Ul,i)►e # No No No No Nn No No No No No No No NI1 No No No I1)11111 )'age 17 1114 I1)91c ()1277015 01 27 2015 (,(12, to5”01511-138111 Electric 11127'll15 01,27 2015 101 '11-43810 Electric ltility t,1272.015 III 27.-4115 I it' Itt Elect! ic 116lily (11.!77(115 (4! 1,'2(115 1 01,..110-3160-t.18111 SIR'el Lighting 1,7,itI5 27 2(115 11,1-11f1-1 ()(1--13 111 Street l ighting. 1)1 )7()( 11,(115 111 I 4511-5'1/11-138 11, Electric Utility it127.,(115 tH,'7 '015 1111-1r,(1-5'(11)-4/..Mt Electric Utility tip7'1015 (it 27 2015 ',11-111111-13111 Electric 1 ltilitv 1,1 -17 2015 601-10'I((()-1 Flo.ar Utiliiy 1112 72111i 01 '7 1015 I" I -I 10-2,11,0-13SM Strcet Lighting 111 272.015 nl 27 2)15 II) 171cctiic 1)11774).15 lir 27 11)15 105 "--15(1- 11S III 2015 01:27 '7015 6111 - 1-('-1141- 13R I() Electric 27'015 (II tsti_:.; IS 10 Elect' ic Utility tit )1P1.5 01 '17 2(15 ,01 In1)-13R111 Hun ic 111272015 'Loh 7,\(-K7 Lk low) (1)(18 21)15 1(11.--110.3 100-12150 Shop Nlatcrials 30100 / \( r 1 ()tar. per, Aiwttml Pint IPescriptiop Reference 'hisf; 1 pe Pt) Clcose 18,75 (1.110 )41)015 Electrical 743,10 1/110 W12412015 Electrical Utility 441 111111 0/1?411,15 Electrical Utility 1 ,g110.08 (IMO 1Pi/4/71115 Electrical Utility 28. I I (1.011 02:24/2015 Llectrical Utility 14.8(4 tot) 112.'142015 Electrical Liility 32.114 11.00 (11.24,.2015 Eleoricol 3,432,8o 14m0 111,74/2015 Electrical 153.84 0.(41 (12.,2401115 Electrical Utility 12.76 (UM 11724,-'71115 Electrical Utility 718„5 1 0.01, 02.'249015 Electrical Utility 17o,I3 0.00 Electrical I5581 3.(P) .5-'8 81 13,481.35 I 3282.35 r2:5 42 -125..4? -125.12 I73,554.)" 01) 112/1-1/21115 Electrical Utility 0,00 It/ 4')-1/2015 Electrical 1100 11),,/4/2(115 Electrical Utility 11,00 t42'.)-1/2(115 Shop supplies - 1,11e Pro,1-1 «,..1210 - 1)1\1) ((4)())l moo N, moo moo NI n OW It) 0000 No 1101111 f'4(1 MOO onno 14 'moo ono() (moo Nin mon No WM() No MHO Ni 0001) l'aFc I Accounts Payable To Be Paid Proof List Iser 110(1),R Prinied: (12,(9'21)15 rim Riacli: 005-W-.1(115 II !I ' Rilt`C In‘ Pate Amount Quantity nut Date Description Reference \\' \V(' S 'WU Scr‘ ice Cooper -an in_2it 7(11,2Si2(115 itii-on(1-0000. '17()(i Nicilical Insurance el 711(-1(17 Total: \\' \VC Report 'final: 73,379.00 73,379,00 73,379.00 -Y3,379,00 0,00 0)/24/2015 i\ kirch Premium - (11211,1.15 - 12:3,1 ['NT) 1 ask I pe # (lose 14011,ine No IMMO Page 1 TI 117. CITY 1)F LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: February 24, 2015 CONSENT ITEM #4 MOTION AGENDA ITEM: January 2015 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction of Item ......... ................................................. City Administrator Report/Presentation......... ..... ......... ..... ..... ...... City Administrator Questions from Council to Staff ..... ................ ..... ................... Mayor Facilitates Call for Motion ........... ..... .................. ..... ...... ................. Mayor & City Council Discussion .......................................„................ ..... ......... Mayor & City Council Action on Motion ....... ..... . ..... Mayor Facilitates POLICY RECOMMENDER: Finance FISCAL IMPACT: NA SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the January 2015 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 the comparative financial statements for the month of January 2015 reflecting the monthly and year to date detail, comparing the actual results to the 2015 Budget. -- page City Council tvieetitiv I-Conscya Agenda Iron 41 Febntary 24, 2015 GENERAL FUND: The most significant budget to actual variances are highhghted below: Revenues: • Building Permit revenue for the month was 41% below budget. The budget was compiled for the full year only and the amount shown for the month of January is 1/12th of the total budgeted for the year. This represents 5 new home starts. Sewer Permit revenue for the month was 100% below budget due to there being no new sewer permits in the month ofJanuary. Zoning and permit revenue was 100% above budget due to the budget for January being zero. Fine revenue for the month was 43% below budget. This is primarily a timing issue as there is very little court activity in January and the budget amount represents 1/12t1 of the annual budgeted amount. Expenses: Most departments were at or below budget for the month due to the on -going diligent management of expenditures to the bottom line. A few items to note: Mayor and Council The League of MN annual dues cover 9/1 - 8/31 each year. As a result, the amount in January is the carryover amount paid in 2014 as well as the annual contribution of $5,000 made to the Youth Services Bureau in January for 2015. Planning and Zoning - FT Salary expense is above budget due to as there not being as much billable developer activity to offset toward escrow proceeds as anticipated in the budget. Engineering services expense is 24% above budget due to more general fund activity being worked on than anticipated in the budget. City Hall - Repairs and Maintenance Bldg - The repairs and maintenance expense for the month was ] 88% above budget due to having to do some electrical work in the new space which was not planned for in the budget (51.,068). Fire - Repairs and Maintenance Bldg - The repairs and maintenance expense for January is $1,350 above budget due to there being a cost savings opportunity by paying for the annual lawn service up front for the two fire stations. This is a timing issue that will catch up throughout the year. Building Inspection - The building inspection expenses are 46% below budget due to their utilization of a contracted inspector until the permit volume ramps up to a level justifying a staff addition. Sand & Salt - Salt expense for the month was 6% above budget for the month ofJanuary. page 2 -- City Council Meeting /runseut Agenda hem 4] February 24, 2015 RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the attached January Financial Report. ATTACHMENT: 1, January Financial Reports -- page 3 -- Cite ofI,ake Elmo 2015 Be Month Budeet to Actual Comparative Fr the month ending JanuarY 31-2015 I 0 I -Cie:1ml Fund Surnmata BY Deoartnient DEPT 410 - GEN% GOV'T Full 'Year BUDGE1 2015 % lo (late REVENUE Total licienue 3,798,334.00 1.39% EXPENSE Total 9luyur & Council 40,955.110 22,54% Total Administration 407,316.00 6.71% Total Elections 1,050.00 0.00% Total COM)11111t1C116011$ 70,842.110 6.754 Total Finance 134,647.00 6.84% T0131 Planning & Zoning 224,218.11U 8.54% Total Engineering Services 54,800.00 10,221/4 Total Cit.) Hall 50,235.00 1 1.79% Tolal Genernl Government 984,063.00 8.26% DEPT 420 - PUBLIC SAFETY Total Police 517,799,00 0.20% Total Prosecution 50,000.00 9.67% Total Fire 385,312.00 8.24% Total Firc Relief 37323,00 0,00% Total Building inspections 323,558,00 3.67% Total Emergency ConIIIMPICIIii41115 7,000.00 Total A 1011101 Control 6,800,00 9.12% Tolal Public Sale() 1,327,792.00 3.77% I 53.934.55 2/24/2015 MONTI-I YTD BUDGET ACTUAL Variance ($) Variance (%) BUDGET ACTUAL Variance (5) Variance 1%) Month Month Month Month YTD YTD YTD YTD 71,982.25 53,837.78 (19,147.47) -26.6051. 71,985,25 52,837.78 (19,147,47) -26,60% 10,500.00 9,233.11U 1,267.00 12.07% 111,500,00 9,233.00 1.267.00 12.07% 28,787,37 27,342.92 1,444,45 5,1120/u 28,78737 27,342.93 1.444A5 5,02% 0.00 0,00 0,00 0,00% 0.00 0.00 0.00 0,0054 4,962.77 4,732.27 180.50 3.64% 4,962.77 4,782.27 180.50 3.64% 7,581.31 9,209.29 (1.627.98) -21.47% 7,581-11 9,209.29 (1,627.98) -21.47% 16,555.62 19,153.92 (2,59830) -15,695/ 16,555.62 19,153.92 (2,598.30) -15.69% 4,500,00 5,601.00 (1,101.00) -24.47% 4,500.00 5,601.00 (1,101,00) -24.47% 4,231.1/0 5,920.44 (1,689,44) -39,93% 4,231.00 5,920.44 (1,689.44) .,39.93% 77,118.07 81.242.34 (4,124.77) -5,3555, 77,118.07 81,242,8-1 (4,)24.77) -5.350/o 0.00 1,034.22 (1,034.22) •100.00% 11.00 1,034.22 (1,034.22) -1011.110% 4,100.00 4,832.50 (732,50) -17.37°4 4,100,00 4,33250 (732,50) -17.8704 27,445.47 31,736.77 (4,291.30) -15.64% 27,445.47 31,736.77 (4.291.30) -15,6451. 0.00 0.00 11.00 0.1111°A, 0.01/ 0,00 1400 0.00% 21,824.08 11,362.01 9,962.07 45.45% 21,824.08 11,862.01 9,962.07 45.65% 0.00 0.1111 0.00 11.00%, 0.110 0.00 0.011 0.00% 56$,00 620.00 (35.00) 4,73°4 565.00 620.00 (55,00) -9.73% 511,035.50 3,849.05 7.140/, 53,934.55 _50,1185.50 3.349,115 7.14%. KIONTI1 YID ' GET ACTUAL Variance (Si Variance 1°,iil BUDGET ACTUAL Variance (51 Variance (%) DEPT 430 - PUBLIC WOR KS Month Almon Month Month VTD YID YTO YTD Total Public Works 380,195,00 6.58% 31,482.69 25,014.10 6.468.59 20.55% 31,482.69 25,014,10 6,468.59 20.55% Total Streets 222,578.110 0,110% 1,060.011 0.110 1,060.00 100.011% 1.060.00 0.00 1,060.00 lo1110% Tnlnl Ice & 5oon, Removal 95,500.110 16.89% 16,200.00 16,126.48 73.52 0.45% 16,2110.00 16,126.48 73.58 Total Street L.4211 ring 28,00001 7.44% 2,350.110 2,0144.111 265.90 11.31% 2,350.00 2.084.10 265.90 11.3191. Total Recycling 9,500.10) 0,110°,,6 500.00 0.00 500.110 100.00% 500.00 6.00 500.00 160310% Total Tree Program 6,001).00 0110% 500,00 0.00 500.00 100.00% 500.00 11,00 500.00 I8)1310% Total Public Works 741,773,00 S.03% 1 52, .69 43,224 68 8,868.01 17.0201, 52,092.69 43,224.68 8,868.01 17.02°4 DEPT 450 - CULTURE, RECREATION Toll Parks & Recreation 153,028.00 7.819 11,475.74 11,944.98 (469.24) -4,09% 11,475,74 11,941.98 (469.24) -1.09% IT & Telephone 109,560.110 7.55% 8,930.00 8,267.69 662_11 7,42% 8,93U.00 8,267.69 662.31 7.427/, GRAND Tot,. L ALL EXPENSE'S 3,316.216.00 5.62% 194,621,1)5 186,498,00 8.123.05 4.1790 144,621,05 186,498.00 (1,126.95) 4,1790 SUB TOTAL NET INC OVER EXP 482,118.00 -27.72% 22,635.80) (133,660.22) (11,1124.42) 8,99% (122,635.811) (133,660,22) (11,1124,42) 8.9976 DEPT 460 - COMP A13.1 0.00 0.011% 0 00 0 00 0.00 0 00% U U0 0,00 0.00 0.00% DEPT 490 - CONTINGENCY FUND (1.00 0.00% 0.00 OJAI 0.00 0.0076 11,00 0.00 0.00 0,0096 TRANS TO CITY PRO.) FUND (STREETS) 160,000.00 0,00% 0 00 0 00 0.0)) 0.001i. LI 00 0.00 0.00 0.00% DEPT 493 - 01'11 FINANCING 2110,1100,00 0.00% 0.00 0.00 0 00 0 01i% 0.00 0.00 0.00 0,0076 GRAND TOTAL ALL DEPTS 3,303.535.00 70.5676 194,621.05 6,498.00 8,123.05 4.179/o 194,621,05 186,498,01) 8,123.05 4,179/. _--- Net Income ovvr F-xptnes 22. (133,660.22) 111,1124.42) (122,635.8)1) 3,660.22) (11,024.42) 1)ucigei �n ,Actt,i i_cn1rta at Fn!_[ktem,.,n01 0)1 ' 1M ,Iran'J 1.21(15 ttlld;aner:ll (und Ck;ail ji.'.E7eparrm.-n1 DEP.! 410•GLN'L GO "! REVF;N4E 1 urnul AO VoiorYul r0 ,es I k)cup,rnl Ad V(flI ,n ratio Mobil(' nnine Ta, Fkcitl lae,p.?rirlcs I'cn:111, \ 1ulcasl an I ncea I,hror I men, IV;,Irl,, der 1.1i[rlsr (3cl:eral Cunlruclur Laccno, Healing l"an'racl'n 1.lc211sc illikini,i,iri l'ontman, 1 ir,-11,- Uuiidin; P Tm-l:: HuilUhlg Re-,n,prcl 1'0a IIcaune I'cnn,lo Plumbing Pcmnls Scwcr Peuniu. Animal L1cen54: LIduy Pcmlil., (ROW) Doin,11g Ptn1,111 n(aso io TIe'raP} L,tcen5es Llecsrical ('onna I Inmzitcad (ia111 Aid A1SA-�iaml. nauz: S1:(r Fire Aid P F II;\ Ant Rcc)1111)e Ern nt Slat. 4tar,USur:harge Rea' ('able Fr.whrc Gcvunlc I,arnlp,C SubJ1, 01,' (izn PL1n Chrzk Fees Sm)c ci Copa^,. C,vrLs. Ala ps ASSC Smcnl 5c4rrhe; C10.111 Up nays ('able Op uation Rcunburxmdnl reous rennin 3115,•cllancv00 I(rvurne Intcmal ('1141nrs Inlznsl fnrnnig+ [k,nalions Total Re, rn00 Full 0l'ar 111-D(Ilir 2015 2.'2.626 5 M(1NT11 MIDGET ACTUAL Vano,,00(S) V,lnan,•a-Co) Io Udlc ivlrnrh Mnmi, !Adopt 81nm), 2,831,0811MP 11,11084. 0,01) 15,11011.011 11,011",9 11.10 1 1,400,00 0,00% 0.00 I I,ILU011,0U 8.0n" a 11,1IU 7(111.00 001)3) 1Lun 8.358.00 8,590, 3511.011 1,14911.110 2857 % 0410.00 11,110 ILI)00. 0,00 2,500.00 2U.n0N )(0.01/ n,nn 0,110"/6 0,1111 S17,6110.00 4.89% 43,1.10" ' 1,080,00 0.80% 0.011 28,840,00 29,1141LIr0 II01°. 10,560.00 0,011 %: 2,S001)0 36.00'A 5,1100,011 0,00 ;', .1 250.00 9.11'50 150.011 1600.;% o,Il51M11 13.81"/ O,UO 0.90, 101,696.00 'Loonn 41,508.1111 0.084E 0.80 2,749^00 II.01(1)4. 11.08 0.811 1E011 % IJ UU 15,5118.00 03)075 0.00 5011.00 I I,111(00 I I I h 1 45,11003)1) 0.00`:+ 11,80 7,380A01 14.67% 11,01) 181,92210 8.37% 15,108.25 175.110 4.n11"!„ 5.00 750.00 8.00% 30.00 2,000011 n.0035 025' 2,5111.01) 0,00°0 0.00 48,1XIU,UO 4,79°6, 41101.00 8.80 ('.00 , 0.00 5181.1111 11.80 10,00 1.5110110 (1,1109i. 3t1{k.00 (4100 13.7574 (5 110 10,018.110 11.011% 0 (Ill 1,798334,00 1.3971, 71.945 09 0.68 0.011 OJR1 4.0,011 0.00 ant) 25.JJ I.4„i n.0o „00Ii.0U 3,n1i;.i1U 0,01) 900110 0107 205.00 O 111, S35 37 0170 0.011 Ono n00 0.00 nan S30,00 IS'31.54 7 00 60.00 U.0O 0 00 22,209 43 0.1!0 0.181 n.nn 58.0(i 10011 OAU 5.10131.711 0.1)0 0,00 0.00 0.00 0.00 2011.00 (360.U11) 0.00 201.100 0,111 i 17,79ti.55) 0.00 (97_0.001 580.I10 IS&Jdha) (6110.50 ) 0,00 205,00 0,110 33.5,37 an0 0 Oa II Il0 0,00 11.04 11,00 (1,00 1,0 (.0511.00 71.'-Y .'.UO 7(.U0 0.00 0.00 [I:100.53/ 0,10 0.00 (3nn.nn) 162.011( 0.00 ILnn 0 O lo'° OW, II VI". 00°, 910": d un" 66.677, 0.rro". ° -I I,279'° 23.97°iJ -100,00' 0.110"-, 100 00', mall°° G7 070 0.U04° rig), 0 (1))' 0.0J"6 0.0Usa 100 10°, 11.1Td 40.00% 100.00N n.OU"b 11 IIIi ', -43 514, u 0n".,r 0 081. -11.3)% U.001, ann9° -'A.60Y: VTp [MIDGET ACTUAL Vana,rc (.5) Vammne,i`nl VI 1'TD 11-11 V-1U 6.06 0.00 0.00 U 00 (} aU 330.110 540.00 011U 311U!NI 1100 43,130.00 0.00 2,000 `,121i 0)) 5.70.On 1,5u0.t10 0.11n 0.00 0.60 508.)n n 0)1 0,1111 0.0(1 U oo 0,110 n.rn) 0.00 0.00 0.00 13,160 25 5.00 3100 00u 0_00 4,000.01) 0.00 000 3(10,01) 150,00 0.00 0.011 71,39325 U.06 0.06 0.00 U_0U 11,(01 350110 430.00 UI)0 503110 0.0.1 25d31.45 0,611 1.506.60 3,000.00 0.06 900.06 010) 205.00 1"1.(10 X73.37 0.00 0.1)0 1.1.110 0.06 0.00 Una 0.00 0.011 1.850,00 152)154 7.00 60,110 OAG 0.00 0.110 S8 00 0.00 0.00 Y_,A37,7N ILnn U 00% 0 00 410)".o 0 11n o 1u19° n.dU o.00", O.UU 200.00 5Zl4°e 1)6004I 11.Or,1 Wow, 206.60 66.679 n.on u.Uu (17,70S,33) .4 .27°4 'Alneunlo s16ad eunsislcn!ly by momu 0.00 0,00 n (420.001 580 011 23!/ 71, 19901010 -100,00, (600.01)1 0.II0 0.(IU90 205 U0 Ifu).0(ro 110:! C.011% 335.37 101).00"-° 11(5, 0114,r nnl) 123".)) 0.00 0.n07a 11.IID U.U046 0.1ti1 Ii,U)17° LI00 00U"a 0 on 1 ro% 0.116 1.001, 0.00 6.01', 11.00 U01% (.050 0''i 1011. 001, 7129 0.47)5 2.1.0 4)1 no°-, 30.05 In0,n0?° U.0), 0.00,14 0.0n UA09. (1,7005S) nnn n.nl)"° 0.0II 17111)9, 1301101-100.l00° (67,1)11)-11.33 UAU 0.00"° 0.00 0.00 , 119,147.47)-74L11".o 00 P@054: ences;: i'rlining 1320- AUminialnllinn I IC' A ('t1nt1 i))Unoo Medicate C'antnhnilon, F1et1Ot21cniat )111Farince 1nemp)oy'naeni BUnelils 14'orkcrr Compensation 1lf0icc Supptich Prink''S F0r114; L4°s;tU Scrrlcc.5 5d0.671carrir VciKiie ,ls;csain;: Scr61619 Contract Ser. po<0iec 1,106..'tge Lelia) Prrirlis1lntr lnsnrmcc L'r)*ie (217 orlon E.xpc1n<a_ A1isccllancorts £7/ucs,4.. Sut'sctlptluns Books t nnFcrenco6 is 1r:tinmf! )tali 9Jtneinpillaui T"nn0 Act,nil,l,t'nli,n, 141114 Election, Full 1'ru AIC)N iU VI D 13111)GE1 111JDG01 >1CI UAL Vana16,c15) Y.rr ieo, r{°,) BUDGET ACTUAL 5.Idanr,(5) Varimcc Col 21115 °°today, Month Month Month RtanBt VT VT)) YID `CID 25,690.101 u,u01 0,00 0,00 0110 0 f10'„ 0.00 D.00 0,00 0.00", 1,593,00 {},Ut);e t1.01 113)0 06O0 IIOO",. C.00 000 OAF/ 11.009, 372,00 Ih0000 0.00 0.00 0.u8) 0.0001 0.00 ')00 000 000 300.1111 0.0074 0.00 0.00 0.60 170074 0011 0.00 0,00 0004, 5110.011 1600% 0.00 0_ 0) 0.01) 110O`1), 0,011 0.00 I1.0)1 I1.001, 0.00 0.0056 0.(10 0.00 0,1.) 0.110% 0.00 0.110 11.00 11,00'4 11,500.011 72,85% 10: 0)1.0I 3.378 011 1.627.00 16.2,1 % 11111,10.00 8.178 00 1.622.011 16.27db 2015 share of LAIC a nnpal Pail ma+Ic 1n Saps 7014 pitu 1,11110.00 85,5)15) 500/10 055.00 1355,000) =11 ow', 500.00 895,00 j)ji,li01 -71 GJ"" amina115H payment 40353.011 32_44.0 111,5110.011 9,133.00 1267.00 12,1171" 10,500,00 9.233.00 1,287,1111 12,0700 198,125,110 6.704%a 15,240.38 11.771_46 1310591 1 2,92_', 13 240,38 13,271.46 L7651)" 1292"„ 14,364,00 6.114 % 1304 92 981.80 111.12 11.1.9. I,104 °2 Yti LSO 121.12 11.1414 0,00 0,001/ 0.011 0.110 tl,f11; 0.06°, 0 00 0,01/ 0.00 U.00" 6 12,284,00 6.3554 9-11.92 17100 165.22 17,;0°8 944.97 779,11/ 17 50% 2.873.00 63500 221.00 187.31 38.66 17.51., 221,00 182_31 38.69 17514,, 44,865.00 8.1.170 .1451.15 3,620.0)1 1108.85) -189°, 3,451,15 3,020,00 (1(t8.031 ..L59"9 0,00 0A0% 0.1111 U.Ut) 11.01) 0,U0") omit 11,00 11 011 0,009, 1,000.01) 0.111106 0.00 (r,ilu 0 (10 1.1,1110', 0.00 0.110 11.110 11.019, 5.500.00 5,51% 450.00 300.35 141,65 31.927, 450011 361,35 143.65 31,9711, 0.00 0,0054 0,110 0.110 0.00 0 11616 0,01) 0.00 0.00 0 012°, 45,000.01) 9.80% 3,751100 1,938.00 1,208.001-5.551" 3.7511.00 3,958,00 1208001-5,550, 0,00 0,110% 0.00 000 111)11 (IJ011, 0,00 0.00 11.00 unt)S,i 32,000,011 7,81 % 2,500,011 2,400R11 0.01 0.007, 2,501) 00 2,118100 0 00 0 01°, 0.00 0,0)1% U'N) 0.110 0.00 0,00'1, 0 U0 0.00 I1,00 I0.1161', 2,11110.00 39,97% 11,00 799-111 1799.401-100.1101; 000 740.40 (799,401-100,0000 500.01) 0.00% 0.00 110,1 0.1)4) 0001„ 0,00 11011 0.110 0 00°, 5,000.1111 0,00', 4001)0 6)92 4003r0 100.00% 401041 0,011 400.00 1(0)0011, 35.0110,00 0 s5'0 1) 11)) 194.00 1194.0111-110).0111, 0111 19,100 1104,001 -wt.) NA, 0.00 0,00% 0,00 0,00 0,00 1)310"" n.67 0.110 0.09 0 011,-, 6110.00 25.00% 50,II0 1511:.10 I i00.0u1-200.009; 500)) 150.00 II0U,U01-2011,909, 2,105.10 0.00')) 175,00 0,00 175,00 101,001,, 175.00 0.00 17500 100.0010 0,04 0,00% 11,1110 11,00 0.00 011051 1)00 6.110 0,00 0.00',, 6,100.111) 9.8454 500 011 6110.161 1100.011) .211,1611° 300110 5119.0J ( )9II,0U1 20.0)15, 0.1)0 0.0040 0 00 0.104 0.00 O.(10^, 0 110 1301 000 0 00 407,314.011 0.71116 28,7)17,37 27,342-92 1,44.1.45 5.0241, 28,787,37 27142,92 1,444,45 5,02r, 0,00 0,00",, 0011 0.10' (1,U11 11,(In"6 U,110 0,01) 0.01) I)1211°', 0,111) I1.011% 0.00 0A0 001 1.1.0U°° O,011 U.UU 0.0'J 000".4 0,1111 0.00D'4 000 COO 11.101 0.01.1"-o 11.1111 000 0110 11.1111°, 1100 0.00" o 0.00 0 011 0.00 0.0014 11,00 0110 0 80 0.110% 950.1111 11,00°.t, Il 119 0.011 0 UU 0.001r, O Un UAU (LOU 11.0117, 11,101 0,001,6 110i) 0.00 0.00 0.00%° 00D 0.00 0.UU 0,OU':n 100,00 0,009,0 15,311 0.011 moo 0.00% 11,111) 01)0 {)ni) {)011^,° 1,030,00 U101"!. tlsl0 0.00 0,011 0,1)05) II„00 0,1)0 0A0 0,00°/ Full 1 ear 410181 D 4"IL I111UUCT 11LIIJGh1 ACTUAL Variance($1 Variance(°,) 9IJ11GCr ACTUAL Variance (5) Val)c'iiiX{'°) 1450-Cnenn,n'icatinns 2615 -, )0 dale Month Moos), hlunlh Month 1`1D 1') El 1' I U Y'rD FF Satiric, 35,876,00 43i% 2.750.fi') 1,545.'_1 I'i4,46 4401.7, 2,759,64 1„5.15.23 1,214;16 .1411:"6 €'Lld,l C'cntribratio€t,, 2,401.011 4,46 %° 2.01) 08 I I5.58 84.20 42,113"„ 700.08 115,83 84,211 4:? OF% 11I0.1A€'o€,iol„10on,, 2,224.011 4,11100 17108 9291, 78.177 03,507.a 171.08 02,96 78. I' „15,6656 11400tca,c ('t+n10661)66,,8 520.110 4,1896 40.00 2175 18.25 45,631, 411.0{) 2175 13.25 45.63"6 11t:aitiv'Ut°ntat Insioaote 9,970..10 8„184; 766,4"_ 51 n 11 1 (49.081 -U: ))")) 766.92 010 U , (49 (IS 1 -6 .10", 1V00,66s €'clmp_nsatron 11.110 11.110 % U,II(I 0 00 0.00 5,I,U' 4 11.1)11 0 00 0,11)) 11,10)'6 J,1,,II , Full Year 1 5ION1II WIDGET 111,)DC)7 Al-IllAL. 4`arinnce(S1 1910- rItrn„InwS Zoning 2015 9310 ,1,1u (N,1n11 3d,,ntri 1,1,011, Fr 9!,1ane, 135,854,110 11.24"n I1)-45(131 IS.,?7a,a0 (41_!4,09) Pi' S.)ar,e. .3,6110,011 0,0(I°7'1. '_76.97 OOa7 276.92 1'i:)ti C,n,riln sus 9,849,011 10,80'0 157-02 1,Is.411 (3')6.49) FICA, Coul(103ai^a- 3,640,00 I1) 44% 005.08 002,99 1237-90) Mc01,.,rr Cuntn)tl,aon, 2,U22.00 10.44% 155.54 211.15 (55.041 Eica)Ovttenlal Insurance 32,1147,110 8-36",'° 2A65.1; 2,4.7E00 121285) 660164-[s C,-o'1 n=slim 800.00 0,1)11% 0,00 1600 11,1111 De3edapet atuu..-of Ise( ton[ recv,. el) 100-1U0.11(1% 0.0,1 11,_.31.401 1 231,40 Oilier Supplies 1,8110,1111 1.65 / 150.00 29.05 120,35 Primed 1`.,r', 750,1111 11,11(1p1, r30,1 0.011 Cult) Fr:(-ir1,;r+irtg 5,°*.ices 20,0110.011 U,uoo, 1,500.00 0.011 1,5011,110 t'0nusel 5c!.i.,, , 5,11011-00 11.00 % 0.00 0,(9, 1).00 )`. ,u,-c 200-00 0.11043 0r00 0.90 (I 00 titlrn u) 250.00 (1,11079 =J.(51 000 70.00 1311;,cc.-llnru„u< 5011301I 0.00% 40,011 0 011 40.00 Duet S: Subsa9titsnu 60(1.1111 anna. 50.0(1 (111(I 511,00 ri nkt, 300.00 0A0Y6 3..011 0.00 23.00 !'t,nte,entc. ,t'€r.1,nn,2,009(411 1175°'" 9,00 •26 t)1) (275 ra)) 1'vt4( P)ann)ng,ti Zoning 224,214,0U 854'4. 16555.62 19,153.02 (2,5913301 (930 - 6:nginetriu)_ 5urs-iccs ):nt;,nrcrurc S,.•rriccs 'lutnt f.n„)ncertng 0creiccs 194113GIs 113.11 l'Itnlmns Supple; Julld1.g Itcpalr Sup9lus, I I61,lie, ('clnsu R pdi. '0,,nl 4.4111 nual dlug Bcpiirwh)alnl t"nnlpsaunl Equip 1hc,I0, 1 L. sc (31 nanro115 'Petal Cell 11a11 l;.overnmunt V.vFlncc ("°) -10145% .15.7 7", -35 77'',, Il , l0";, I ell On"„ 05 )1°, 0.00°" 1(10.00°° 0,00°° 11,11(1°" 1011.00"-n 100 t104 I ((0.00°. -15,69% 54.800,00 10,2200 4,51)00+) 5-6111'10 (1,1,01.00)) 24.17% 54,800,011 111.21 . 4,5U0.110 9(41)100 (1,101101) 24,4700 50,(111 0.110% 11.1111 300,00 0,11000 25.00 4,000,011 1 799% 310 00 353 00 31.11111, 120.00 6.000=00 24,116°1, 51111.00 7,70(1.011 10.73 % 0u000 79,53200 1)31"/ 2;11,1 (10 300,00 0.01)% 251)0 59,235.00 ((.7r/. 4,231,00 934,063,00 _ R-16° 7i,118.117 (1,,91) 0,11(I 1.0790;5 109.78 1,443.45 826,56 ',461,00 11.111) 25.00 (5T)1u) 10,22 1913.15) (776,56) 0A0 .5 llr (1,689.44) (4.124.77) YTD !JUL/GE( AC"R'Ah 1•ans,. , (SI 1'(D 17I) Yip 10,43031 15_27410 (4,52100) 2 (6.9,'. 9,99 21402 757.62 1.00,1.1 1 665 4IS 9G?A3 155,54 211.1i 1405.15 2.078.0) (1,011 000 (1.40 (1,231.40) 1,1) 9() 29,65 I) ll (11)0 1.500.00 0 do 0 w, Il.nll 400 U,i10 211.011 0,00 .10,00 0,00 50,00 0.99 25 co 0.00 11.n9 '75.09 16,535.62 IY,15392 1,23 1.4,E 1:0!5 0,00 1,300.00 1100 0.00 _"410', 40.Up 50.00 25.011 1325.' 12.598.301 Vanancc 1°'°I NT) 46,10', IIIO-011"n -40,45"a -s.63 O,0D"a 50,22' 100 00° ° 0,01) "., u,pu't.° IOC, 00';, I I111.0119 100,110'n I00.01)',, 1110110' ° -1'.6950 4,500,0i 5,i,91.(10 11,1111,u01-21,47', 4,500.00 5.401,00 (11,101.10)-24,47% tl )311 25.00 500.00 0011.041 2_,461.00 25.00 4.231,00 0.00 0.00 0.0,31, 0,00 25.00 10000' " 1,079.65 (5790151 -1(5.93".-3 109.7)S 1(1,22 1,143.45 (943.451 -188 z9% `_1u.56 (226,56)-3736'1% 2,401.01( 11.00 1100% 0 09 2 i-0', 10i) 00"; 5,9211,44 (1,689.4413393)33°I 77.118,07 81,242.84 '4,124.771 s:,nxn6-1: no,cs GF1d1) 4 11I"P r 410 - PI?Itl IC SAVE" Y 2100. Pnlice 1 l3i Color:erten, l'1,nlncl total I'nhcr 21 +0 - l'ro et Winn Annuli:5 (rifion,ll Total Prosecution 227.11- Fire F"F Sata:ioa 11r 4aiaric= 111'R 7 i onlril+00ons FICA Cuattibesii,uo, ttedtcore i'onir,0lu tins I Ieulibli)cnia) Insurance Uttu,n),lon,,cnl (3eitesi oicato 'c t etafea >aU,a0 Office Snpp11( 13315 9± Supplo u Eire Preen« on Fool, i,tt) S. Fluids tirnsll 'l0o13 ,ti. Fgri1, Piltclems lnaur n.c Electric 4tti1it9 Ro)aittiteitn Hide 100)'0irdi talus (10,0)1 i)nilurtns Miscellu0000,, Duce R Suliscrlp 000s Maas Con (el ent: e; S 131111Ine ('Snlenalccx ,1 'I raining"{j(ei full V or 1,IONTI I MIDGET 01)1)GI:T A('ll(Al Vooan,•c (51 7I515 91o9Et 5f7,799.00 0,2k1%, 000 l,0131.') (1.034-22) 517,799,0E 4025)"r1 11,11E 30,000,00 9,6714 4,100,011 51E1100.00 9A72e 4,1110,01 68,614.0E 8337.e° 5,776.001 11_3,12_1.101 13,37% 7,-171195 141116.110 9,07% 9.17,00 7,633,00 12,650', 597-15 1,790.110 11.297.6 713.95 14,243,011 6.0215, 1,095.67 i% 11.1E E,tl9,4E 92)00.110 0.00% 0.00 950.00 7.11% 70,0E 3,400,110 0,0075, 180.00 3.1100,0E 0.007.2, 150.011 13.000,11E 1,82 % 1,075.12I 111,892,00 U J41'9 1,730,01) 3,181,00 8,334'% 15300 21562.00 2.30% 11,00 250.00 0,011°/ 25.110 0,307,00 0.1101/, 0.00 17,000,110 11,18 % 1,5011 00 1,0011.00 25,89 J 85,00 1,000.00 75.797.'% 103.00 33,160,00 0.11890 7,770,00 1,500.09 9,72°% 20900 1,5110.90 11,75,7/, 123.00 3,506,00 17,79% 735)700 120,00 0,004'° 1,1 00 1'_,375,1111 0.00% 1,000,00 1200 0-Illl % 0011 I'n)ttt Eire j 385,312,00 !U4% 17,443,47 2150. Fire Helir( Piro Sow Aul 1 owl Fire lielirl 37,123,011 37,32.3.00 4,011 0,1)0 1,034.22 5,711,94 16 403,10 1.000,05 965.50 313.96 1,142101 0.00 0.00 237.14 49.34 165.011 497,u0 6.011 0.00 2,070,05 255,95 1,315.89 76.00 7-13,10 191,35 614,11)) 61,9 011E 0.00 (I,01J 22) 141,3941 16,991 133 11675,51 (379.731 1100.111 (46,391 000 0,00 956 '12400 25000 5.17.96 1.700,5E 0,00 1497,001 23,111) 0170 370.95) (17393) (1,350 39) _, 743 40 05,111) (65.33) 1314.001 19.00 1,0011.00 1100 11,736.77 (4,191,30) ©uncer 7rl1 R7,1L Varian,: (91 V 7If YIU 1,034.711 (1,134.211 I,03J 11_ (1; 134,11) V06ncc (°+) YIU -175300",, -100.011% -11.0711e -1 1001111 -1,027 501 1732,51» -1757^ ° -17.072) 4,100,110 4,332,50 1732,50) .17.3722, , 24^, 3.F77.° -17,921. -54 C4°-i, -1581% -).13°, 05011, 13,65% 1110,00,9 1 V0dl0% 77,94' 97.150, 0.IF)",i 15) 0010) '35.06Ee -204 62", -81 S7_°. , 99.04°e -32.9311; -115.17') 100.00', 1)01,17(17) (, 4u 3,_273.00 9,47E?33 932.00 557,15 11 Si 4495.61 0.00 0,00 70.00 750,00 251) 01) 1,075,01) 1,750.r'0 7_65,00 (1,011 7500 (Lun 1,300.011 35,051 175.0E 22,770 04 206.00 12500 290.(10 10.00 ),000 00 ion s 711_!M I L,402.70 1,099,03 9G5,20 313,4, 1,1121(1I 0,00 0330 ,0.44 0,09 0.11,1 '37E4 49,34 1_65,0'1 497.01) 6,00 00.00 2,070,95 258.9) 1,315.99 _76 50 2_43,1(1 191,35 61_4.00 000 0.00 000 (434 3,4 j (6.992.33) (167051 (378.731 1100,11) 146.393 0.00 0.a4 9,36 2011.00 250,187 3?7.86 1,740.96 0,00 (497.001 75.00 166.351 (334.001 1)I.110 1,0000n 0.00 -8 24% -73.1339 -17.91C -G4, 50° ° -46.51' ) -4 73°. E.00°, 0,001, 13 6©°, I011.04"-', 100,01° e 77.94°%° 97.10" 0.00", -I00 01,°, 100,0E° e 0.0955 -38 0619 -704 62° -81157 ,, 99,0419 -15 ES°° -53 11F° -115,17% IUD 704,0' ° EE' -95,6411 27,445,42 31,736.77 14,2413(11-15,641377.1 000 (?1)t) 1700°° 0+.114 0.0E 0)2l0 ((101'4 0,00 UAi) 0,0U75 0.011 0,00 0,00 0.00E, 24)1)3 'uiling Imp -.Minn CT Satan,,, 1'1-I0A Cnnlclhu#ion> 1141A C',nni'n€ic ms Illetheale Com,duul,nl< FCtnl(k,jDental in,unocc Unc'nplurnicnt Liendits 9', akrt. comj,en,415oo IJftkct 41:p01,cs Ilinlck kt.ntis Fuca, Oil & (11u01> l0;0c'ctor 500ttact Senlccs !1C =10re Ri:151r1/1511Iml l5quip #Inili+.mv h4i.<cc11anenus LJ(tec Sr. St,t,sa,ptt, ,, 13o01;.i Nuec Trust: Csrnfercnre' c&'kra,n,n(: Total k(uildi0;; kmspecnuas 2500. 1.mcrgcncy Communication, C nn6act S,:rt'ic.,. 'k'nt& it.n rp.7m:,! Calmmonicnkiunl 2700 , Anima{ Control Primr:l f,mns 5 011111C1 S,4(1,, Idlsiollaainu;I lnq'uunAing7 T'olol Annual Cnnl rul T'n(11 Public Butch hull ia:r A11161111 STII CAI{Nif7 1311I3Gff AC'(UAL. \';Iri1nce(S) \'7r17ncer,0 Fi 100011 1' 01'TUAI. \'an:n,ra5(S1 l'1 nano.1"°1 2015 4,10 dm, Month h 01011 1101011 6#=msh 1'J'L7 9' 111 \Tp \TE) 149,606,110 4.61 °f, 11,3118 13 01597 93, 44)15,2) 45 (0., ! !.505 )3 6 847 4_ 4.615,23 40 10". 111,346,00 4,77% 334.31 9in93 317.33 3111,114°, 834.)) 516.9S 317.33 3804', 9176,00 J.3J°.. 713.54 40221 311.33 43.6399 711.54 4117 71 311 33 43.63", 2,169,00 43499 1(16.55 94 06 72.79 43.63", 166,85 94.16 72 79 43 l,3". 26,486,1111 4,96"/ 2,101.23 1.41400 777.2) 33,47e, 2.191.23 1,114.00 777.23 .33.47) 0.00 11.00% 1411(1 0,110 11.00 (3011,, 141111 000 10,1711 0111., I I101L00 (400115i 0.110 1L(111 0.00 0.000n 0.110 1i 110 0.110 0410"a 2,1110.110 1.61% 175,09 3 3_n4 141.16 Ft1 r,6ep 175,5(( 3.134 141.16 80.661. 7110.110 0,00^ 1, 0 00 0.00 11.00 0301' 0,110 0.(10 0 00 0,00". 550(1,00 11,003', 450110 000 414).1711 100A0°n 450.00 0410 450.01 111101r. 9,1810,00 4,8399 750--15) 4,14 50 315,50 42,07°tt 750,00 434,50 J 15SO 4317"2 67,1110.1111 3.09 % 3,000 00 2..073,511 926,50 311 gX"., 3,1100,00 2,073 511 1.126..31 30 f ', 3500.01) 0.011°.i4 (0000 0.00 100.110 i(0.00°o 100.)10 1100 1411.00 lot, LAP,. 9110,00 11.18195, 75.00 0.0(1 75.110 11)0.0t0, 76110 0.00 75.00 100.001',. 2,300.00 0-110°/, 175.181 0,00 1 75.110 7(0.505, 175.00 1),1)11 175.0U 1011.11 850,00 11.011% 79 OR (1041 70.00 1110,00A. 7,1,0 0.00 70.170 100.0U9' 65(1,00 0110,L 55.00 000 55410 (0000% 55.00 0,00 53,011 100001a 7110.00 0,110% 09.00 urlll 60.00 (01)15i°n 60.011 11.01) 60.00 10140011„ 3,0110.00 0,005 i, 1.500.00 (}31f1 1,5001114 101111t+*;, 1,31110/0 0310 1,50.00 11701at', 21000,00 11.001% (1.011 0.00 01111 0S00"„ 11(10 11.011 0.00 OAN1"-, 2,775,00 0.09 0 0 00 ❑ 00 04111 ((5)11", 0,00 0,011 0.00 0,00', 323,558,00 1-67"1. 21,824.08 ((052.01 9,962,07 45,659'. 21,824,118 11,362.01 9,962.07 45.0099 7,000,110 U,0075" GAM 11,1011 I)011 41,0011, 11.0,1 11.11:1 ((.13U (1.0t)°., 7,0011.00 nd111",b 11,00 0.0#3 13.011 0.110 , 11.09 0.1111 0,#i0 11,1101', 0.00 0,00%, 0,00 0110 0,00 0.00'4 0.011 0.00 0,170 0,00".,, 6,000,00 8,339', 50(1.00 500 0U 2.00 17(110, 5011.1.0 500I)11 0A0 0.005, 8110,1111 15.01014 65.00 17000 1553010 -04.619, 1,99111 k71111) (5+i7,1 _3,1.07"3 6,800,011 9.107, 565,1/0 620.1111 (35.001 4,7,14 , 565,00 6211,00 (55.101 ,9,7319 ,934:55 50,#3ti5.50 -... 3,840.u5 53,934,55 3,84`},05 7.1491, Pall Veal 1,10N-EII VTi) 3125• lea.. Nana' Itcnmvnl i)1113Ukl IE1..1)MET A1111AL 1'n, imam (5) 15)DJO5T AC UAL Vananie IS V;Irt:m i( ) 2015 '.'ohs 0nte 11101101 Mania hicntil htnn'h 1TU YI'Il 1' 111 1` 1'(J 1.I:r.f-6-6r a 0)alcn-»I 0.00 {1.111i^r„ 0.00 91111 1) 00 Li ±)1} 0.60 1,00 660 t; taM, i:1s,h Saii B11,1199,05 19,1111"1. 15.000,1111 15.014.78 flll=1.i9) .5104, 1.5,000,01J 15,9147S 014,701-6.116ar (15n0aCI Sere,., 1,0011.011 03111% 301300 0,110 500,00 100301.1)a 5011.06 0.00 500,r0 1611,)01) . Ramomfrabial(:9t<ipmer„r 0,51)0.00 2.23'„ 70,100 21176 4°1=.30 66.76", 760.0 311701 100,70 6076,a 1nuil ice & Sam, IErannv,l 1 0,5011,011 111.899'r 111,200,00 10,126,48 73,52 0.45% 16.21)0,00 16,P26.J9 73.52 0.45Y, 3160- .Strati t i1hli;; Su ma L.5iitsta, 28,001300 7,44% '_,756,06 TOW Siren Ll„h0nd 25,000.00 7,04%. 2,3511,110 3200» 1Eccycha„ iicc+elirty 0opnh1a J 51111„110 M1 maallane:,u: 101110,101 Total Recycling f 9 500„1)0 3150- True Program t't+0lta:) Sen'ima, 6,11011,00 Total Tree Program 0,000,01) I'nlal Puhlic 11 ark.; 741.773.00 1111111" 0,U11 5t1030) 500,t)1) 500 00 51111,I)l) 11.0)1 1100) 111111 ?06316 11,00 500.00 0 00 $00,00 0,00 500.011 11.31°, 2.i39.W1 11.319e 2,350.00 0 00"e 3.0)1 1011,01)7) 51,1,110 1111117015 500410 10601L, 5041rN 100.011% 500,00 ,15J.111 265 51 11.310, 2,084.10 265,90 11.31% 6,1)11 601) 0.06", 1.1-00 50,1110 11,l) 011";, 0.011 500.110 [E0t.05'V, 11li0 510},60 100,1111"^ 0.00 500,00 100.011% mm 43,224.6R 5,068,0) t7.0215 51,092.69 43.224.6$ f{,B68,0) 17.0214, Derr 4Su - I: ILI 11NE, 111,1.:111.X410 run 14 car UIID(i1:T 52100- l'arAs & l)cerr„ ti„n 2,115 Fl 5,11,44,-, 77,847.11U Pt' Snt:,llts 64110.110 PER 41 )0 ni,,:(411n4 5,644.110 I9CA C`on)ri0ut:on$ 5,149.011 R14=)1' ",rn ('umlribnrinns 12228,n0 1 ia.',nl'61))ools) 1n.,,,.,ncu 19,940.011 ilnclnpin7lnent )icnr6l' 11,00 4i'c„trr5 C,m,1+=,5,50i, 4,110.1.111 Situ), Altout ,'4. 5U0,00 C'h+:nno2ls 750.011 ['Toronto( Paris 1,00041 trot tiob Itop.'r Y)I),)Oo. 541011 t:tn.Sctaptng Aiater1nl1 3,000.110 Sto41111eol, tn) A1i„a, Equip 1,000,011 51 it ot;c 1400 iasunncc 3,201, 011 IJenric U1ihry S.500,1111 Roil Ise 2,5011.00 4)04=0r61,n,r 14144: 1,0014011 Rep.ur hla'nl NC1T 01d4! 7,500,00 iicvai' 1.Lnn1 [glop 1,500.110 12rn011 4,6014110 0)ucrlcm,.,9; 750410 1"uu1 Parks S 114^cr cation 153,1118,00 9,1110,1111 16,0110,011 36,1100,00 7,80n-00 16,1081,1111 24,4,60 00 dale 10 5101-, 2.47% 10,56% 9,45?4 9,45°r, 0,00 0,1111° a „.197: n,u0%4 0,009, 15,26% 0 ,J0%1 0.110°r 24,22' 8,20% 0,00% 1400% 5,84% 75011 Grand Tout! u1) Eepcnscs 3316(216,110 1E,e% Subtotal Not lneoonc In cr k:apclncs 481.,118;00 427„2% PEI' 1' 4611- CON I It ,l DJ 33,01110,011 0,00"^a 1)s), Servlcc (not cote 247,118,110 0.00% "1"softer In City rl ojccic(Slrcclt) 0,00 0,01) 1)14'r 493-(111119\,ISCING 2)10,I100.00 11.011",f, GRAND TO I'.1L ENV ALL D6:1` IS [ 3,798.334410 1!91"i, Not innm,c o,et ENitbl ma I 1400 1).10)°„ i3(, 01,r;T 0010001, 4344 13 401.77 91.46 I,531 85 0'I 0115 4)) t1it 62,5t1 16510 4U 00 2'O.0t1 5',"00 0510 0.4100 S R7"13t) 205,31 50.00 )flit 0!1 1225.00 35.3.3? 01500 11,47+.74 0,Ci0 447540 5,(n) 3,0i10,00 u uu 61(1Y ri I VT[) AC FOAL 0 , ,o , (SI V-,,, rn:r (",a1 IUDCC°I AC'711:11. Vari;,nce (SI G`arim,ee 1°00 ', 6651h Alonll, t'Tti 1TL) -r-ro 1" IT 8,173.,35 11.135621 .lo `0', 5,955-23 `:,173445 (_',IS5,62)-36.511^, 108,111 155.32 67,95'0, 24.62 108.34, 350.11 67.42°, 613.03 (118 851 -41.20°, 414,15 611.03 1170(0)--11.141°, 49614 (91.47) 12'10"0 403,77 490.24 it:2.47)-22,90".', 116,In5 12I,6111 21,5.7" 94.46 11 o.06 ("46i}t 11_.S7°, 1,4.5050 93,05 5414b 1.533.95 I;15114,4 S3,U5 5-11. 0.00 0 110 11110' -, 0,00 0.00 4.00 0 00', 0,01 0 00 r1 )11,', 0,00 0.0I0 0.D(, 0.041', t 4 4 i 28 05 70.13", 40.110 1 i.95 233)= 70.1 Y., 4!"011 62,5'0 I11U311', 02.511 0 00 r,3 .44 110.00°, 0,041 I C 5.00 100 0050 155 00 0,001 165.00 100,00°, 76,11 (3o.,12)-91180Y° 40,00 70.33 430.171-9)180°0 0 00 250,00 100 110", 750 18) 0,00 250.00 100 40` 6 0410 40.00 I0000°, Sill OD 0110 811.0I1 IIN1!I(1', 0A11 (1 n0 G 143', 0.110 0,141 I) 1111 r3.00^, 11.00 4400 0 111W., V 01) li 00 0 WI V.00", °3,4) (36.43) —I_s0 S110.30 R33.13 (30411-1.s41°° 11,0V 'U$"31 1001(0", 20.33 0,00 306-33 1014012 , 1).00 4(4 1)0 100 04°, 50.00 11410 60,0)1 I 50 005; 1100 200,00 101400', 2l,0 no 0410 201114,1 1161.00°, 0.114) 125.1)0 t00 un°, 125 of n Oil 125 on 1 ou.lwr, 4.011 383.33 I00 O0°-, 39333 01))) 34)) )), 1014.0117, 0,00 4,' 50 110.0(1', 62,50 000 02,)0 100,017', 1044318 (469.14)-4,09",a 11,475,74 11,04404, (407,14) 11,0U 0.00 11,00^, 04la ow G.Ikt 0,)111°., 1,873)01 OAO O.OG% 3s75"00 14175.00 0.011 0.G11°, 4,451.42 411.58 1,61-°, 11t0000 1,951.42 40555 L51°, 0.01 0,00 10A0', 110U (1.00 It.nt1 IL(U", 0 tut) 1400 0,00",-4 0,01) (1.1111 0t10 0,110e, t,411', bll.?,1 19.87°, 7055.00 1,441,27 ,,)37? 29,417°, 8.93000 8,267,69 66231 7,42"r', 0,930,011 8,267.01 661,31 2.421', 194,6111.05 186,498,00 8,123.05 4.17°', 194.611.115 1116,49/100 8,123,05 4.17% 1121,635,801 (4)96611-12) 111.014.42) 8,999'e 1121,635.0O) (131,660.21) 111,1124.47.) 0,00"„ 1.00 1,00 0.00 11.0070. 0A11 1101) (),i47 0.00111 0,110 0.00 0,111 0,001, 0.00 0.00 0,1111 0,1105, 0.00 11,00 II,00 0.0011, 11"140 ('.60 0.00 e 1101u 1i,1)0 0 00 1100 0,0175, 0,00 0,011 05111 11 0(1", 144,520.05 185,498.00 )1,123)05 437500 194,E)1.05 186,40411111 8,123.05 4,17% E 112,4,33.R0) i133,000.22) (II,1112.142) -8.-99°lu (022,515,10) )131.660,21) (11,024.41)-8,99°,:1 1050155 TI IL (11T1' LAKE EL\ 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR COUNCIL COM UNICATION DATE: February 24, 2015 CONSENT ITEM 5 New Single Family Horne Permit Report Rick Chase, Building Official Rick Chase, Building Official Kyle Klatt, Planning Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item ............. ........ ...... .......... City Administrator - Report/Presentation................................................City Administrator Questions from Council to Staff ..... . ...... ....................... ........ ...Mayor Facilitates Call for Motion ..... Mayor & City Council Mayor & City Council Action on ..... ..... Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly new single family home permit report through January, 2015. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: New Homes Total valuation Average home value 2015 5 S2,306,688 461,333 Total Valuation year 3,946,191 RECOMMENDATION: Based on 2014 0 NA NA 167,840 2013 2 $806,200 403,100 861,994 the aforementioned, the staff recommends the City Council accept the January, 2015 monthly new home building permit report. -- page TI IF_ CI ry OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO Monthly Assessor Report Dan Raboin, City Assessor Cathy Bendel, Finance Director Cathy Bendel, Finance Director mUNICATiON DATE: February 24, 2015 CONSENT ITEM# 6 SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report/Presentation.. ...... . ..... ......... ..... Administrator Questions from Council to Staff................„....................... ..... Mayor Facilitates Call for Motion ........ ..... ........................................... Mayor & City Council Discussion.................................... ..... ....... ..... .................. Mayor & City Council Action on Motion.......,..... ..... ...................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly assessor report for through January 2015 outlining work performed on behalf of the City of Lake Elmo. No specific motion is needed as this is recommended as part of the Consent Agenda. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Property splits/plats — 0 Sales collected and viewed Taxpayer inquiries — 4 Miscellaneous inquiries - 5 Inspections — Residential — 2; Commercial — 0 Building permit reviews — 8 Pictures taken — 1 Other work performed included: • Completion of 2015 assessments • Sales analysis, land values and neighborhood values -- page ] -- City Council Meeting [Consent Agenda item 6] February 24, 2015 Monthly meeting with County residential and commercial supervisors Input of all inspection and permit work Perform sales verifications and land value analysis using MLS and other resources Field telephone inquiries RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the January 2015 monthly assessor report. -- page 2 -- IL: CITY OF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: February 24, 2015 CONSENT ITEM # 7 AGENDA ITEM: Jane Road 201 Wastewater System (Tri-Lakes Remote D) — Approve Soil Testing and Monitoring Plan SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS (if removed from the Consent AgendO: 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 POLICY RECOMMENDER: Engineering/Public Works. FISCAL IMPACT: $6,400.00. The estimated cost to coordinate, manage, and complete the recommended soil testing and monitoring plan for the Jane Road 201 Wastewater System is $6,400. This includes S3,600 for Soil Investigation and Design to install 2 piezometers to track groundwater movements, to excavate and review the distribution boxes, and to prepare a report on the findings. This also includes $2,800 for FOCUS Engineering to coordinate the work of Soil hwestigation and Design, coordinate the work with Public Works to make the physical excavations on the site, and to work with Washington County regarding the code requirements and corrective action plan. Staff will track all costs associated with this work. As a potential public improvement the total project costs may be assessed to the benefitting property owners. -- page 1 -- City C'ouncil Meeting [Consem Agenda lion 7 February 24, 2015 SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to approve a soil testing and monitoring plan for the Jane Road 201 Wastewater System to be completed by Soil Investigation & Design, Inc., Public Works, and FOCUS Engineering, If removed from the consent agenda, the recommended motion tbr this action is as follows: "Move to approve the soil testing and monitoring plan on the Jane Road 201 Wastewater System (Tri- Lakes Remote D) in the not to exceed amount of $6,400.00." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: At the November 18, 2014 City Council Meeting, staff was directed to investigate potential repair and/or replacement alternatives for the Jane Road 201 Wastewater System (Tri-Lakes Remote D). Staff was approved to spend an amount not to exceed $5,000 in total costs for this investigation. A report of alternatives was prepared by Soils Investigation and Design, Inc., which included a mound system and a pre-treatment system to rehabilitate the existing site. The report identified that rehabilitating the system on site was not feasible due to several site constraints, and if the site had been feasible the costs would range between $90,000 and $110,000. With several issues now discovered on the existing , staff did does not recommend continuing with on -site replacement alternatives. Staff has also been working with Washington County to better understand the code compliance issues related to the Jane Road 201 wastewater system. Through these efforts it is been identified that additional site testing and monitoring work could provide evidence that the system is working as intended, Staff worked with Washington County and Soil Investigation and Design, Inc. to define the following additional tasks to determine the performance and life expectancy of this system: 1. Review the distribution boxes with Washington County and City Staff to determine characteristics of distribution, 2. Review an excavation pit six feet deep along the south side of the drainfield to determine soil layering and other characteristics, 3. Conduct two soil borings to three feet below the bottom of the existing trench and place two piezometers with data 'loggers in the borings. Data will be collected on a quarterly basis for a minimum of 12 months. Soil Investigation and Design, Inc. provided a proposal in the not to exceed amount of $3,600 to complete the scope of work identified above (see Attachment No. 1) with Public Work staff completing the trench box excavation work. The additional testing and monitoring is recommended to identify a short term solution for the existing properties currently connected to the system. A long term solution will also need to be researched by the City. This long term solution would potentially include a complete replacement of the existing system on a separate property to be acquired by the City. The Planning Department is in the process of identifying possible sites for this solution. City Council Meeting 1Consent Agenda Item 7J February 24, 2015 RECOMMENDATION: Staff is recommendingreconimending that the City Council consider approving, as part of the Consent Agenda, a soil testing and monitoring plan kw the Jane Road 201 Wastewater System to be completed by Soil Investigation & Desiim, Inc., Public Works, and FOCUS Engineering. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve the soil testing and monitoring plan on the Jane Road 201 Wastewater System (Tri- Lakes Remote D) in the not to exceed amount of $6,400.00." ATTACIIM ENT(S1: 1. Soil investigation and Design, Inc. Proposal Dated January 23, 2015. - - page 3 -- oil I vest'. a ion an s esi 2809 78th Ave. N Brooklyn Park, MN 55444 Metro: 651-260-3783 pbrandt@jsoilinvestigations.us January 23, 2015 Mr. Ryan Stempski PE Focus Engineering Lake Elmo, MN 55042 Office: 651.300,4267 ryan.stempski(c:i2focusengineeringinc.com Re: Lake Jane 201 Continuing Investigation Dear Mr. Sternpski, Inc. Greater Minnesota Melrose, MN 56352 320-260-8874 Thank you for the opportunity to estimate costs for your project. This proposal is for completing an investigation for the existing SSTS located on Parcel ID No. 1002921240030 (Tri-Lakes Remote D - 201 Wastewater System). We would suggest the following for investigating the existing SSTS (1) Review the distribution boxes with Washington County and City Staff to determine the characteristics of distribution. (Distribution boxes to be exposed by Lake Elmo Public Works for review.) (2) Review an excavation pit six feet deep along the south side of the drainfield to determine soil layering and other soil characteristics. (Excavation pit to be dug by Lake Elmo Public Works.) (3) We would also suggest that we conduct two soil borings to three feet below the bottom of the existing trench (approximately 8 feet deep), Then place two piezometers in the borings. The piezometers shall be placed in the middle of the system along the 940 contour on the north and south end of the drainfield, a minimum oftwo feet from the influence of the drainfield. The piezometers would be constructed using monitoring well materials and construction methods to protect groundwater. We would recommend placing data loggers in the piezometers to track groundwater movement. We would recommend collecting the data on a quarterly basis and providing a short report on the current conditions. We will prepare a letter reports documenting the results, recommendations and conclusions for both piezometer and the trenching investigation. The costs for the various tasks include travel, tools and materials. The services will be provided at a not to exceed amount ofS3,600.00. We expect to have the City public works department expose the distribution boxes and complete the pit excavation referenced above, we will provide the seed and erosion control blankets. No work shall be completed beyond the estimate without prior City approval. At the client's option the client may extend the scope of work. We try o bring our projects in under our estimated costs. Proposed Schedule: Week of March 2nd to the 6th meet with Washington County and City Staff for Task I. Week of March 911! to the 13th complete soil trench, soil observation and piezometer placement. At the same time install data loggers, piezometers are to be installed prior to snowmelt. Week of March 16th to the 2011! complete trench and piezometer placement report Week ofJuly 20'h to 25th collect data and produce interim report on water levels in the piezometers. Thank you for this opportunity if you have any questions or need for our services please feel free to contact me at 651-260-3783 and/or pbranclt@soilinvestigations.us Sincerely, Paul Brandt PSS Principal Scientist Soil Investigation & Design, Inc. Terms of the Agreement I. Services Soil Investigation & Design, Inc., (Consultant). shalt perform or subcontract for scientific, engineering., and consulting services at the Project Site or Consultant's office(s), according to the provisions of this Agreement and such other proposals, quotations, purchase orders, scopes of work and other addenda which the parties may from time to time incorporate into the agreement. Consultant shall not perform services in excess and beyond the scope of this Agreement unless CLIENT (shall mean person or organization signing authorization) shall specifically direct such services verbally or in writing. H. Compensation CLIENT agrees to pay Consultant for services performed in accordance with the Hourly Rate Schedule provided in the proposal; quotation, purchase order or other addenda that in the future may be attached to this Agreement, or as the parties shall agree from time to time. A statement of estimated cost for services is not a firm figure unless stated as such. If there is no other agreement, CLIENT shall pay for services according to Consultant's most current hourly rate schedule. Cost estimates are based upon the best judgment of the requirements known at the time of the proposal and may he influenced by CLIENT needs and changes. Consultant will perform its services within the estimated costs to the extent practicable and will notify the CLIENT in advance of material variances that will increase the cost of the scope of work. Client understands and agrees to make payment in full to the contract in accordance with this agreement, Client may be entitled to reimbursement through other sources. Delay in the project or in the reimbursement process will not excuse CLIENT from payment in accordance with the terms of this agreement, unless otherwise agreed to in writing by the Consultant. All services are to be provided per the following HOURLY RATE SCHEDULE within the scope of this agreement. HOURLY RATE SCHEDULE Principal Soil Scientist 5145 per hour Project Manager SI00 per hour Technician 584 per hour The above hourly rate schedule prices are subject to change with a one month notice if the project extends over a one year period. 111. Invoices and Payments A statement will be sent monthly for the portion of the services completed to the date of the statement. Full payment is required by the 15th of the month unless prior written arrangements have been made. Failure to timely pay the balance in full by the end of the month shall result in a finance charge of I .5% per month or an annual interest percentage of approximately 18% applied against the remaining balance. If client does not timely pay account, client agrees to pay consultant for any and all court costs, legal expenses and attorney fees incurred for collection whether or not a lawsuit has been tiled. By executing this agreement, the Client hereby agrees to the terms of payment; and if payment is not made on a timely basis, Client agrees to pay all costs of collection, Consultant may, after giving written notice, suspend services without liability until Client has paid in full all amounts due for services rendered and expenses incurred, including interest on past due amounts. In the event Client fails to pay Consultant within sixty (60) days following the invoice date, Consultant may consider the default a total breach of the Agreement. and may, at its option, terminate all of its duties without liability to Client or others. Consultant's suspension or termination of services due to Client's failure to pay in a timely manner, shall not waive Consultant's right to pursue collection of amount owed. You are notified that: The Consultant and any person or company supplying labor or materials for any improvement to the Client's property may file a lien against the Client's property if that person or company is not paid for their contributions. Under Minnesota law, the client has the right to pay persons and/or sub -consultants who supplied labor or materials for improvement(s) directly and deduct this amount from the Consultants contract price. IV. Tax and Fees on Services Client agrees to pay the amount of any tax, licenses or other fee (local, state or federal) specific to this agreement that may be imposed on the provision of services under this Agreement. V. Access Client (under its rights and privileges with respect to the project site) grants to Consultant and its sub-Consultants/contractors the authority and permissions to enter the Project Site where services are to be preformed. VI. Consultant Responsibilities Consultant represents that it is licensed and authorized to work in the State of Minnesota. The performance of services under this Agreement shall meet current scientific and engineering standard in effect in the industry at the time the service are preformed. Set -vices shall be carried out with the degree of care and skill ordinarily exercised under similar circumstances by reputable members °idle profession practicing in the same locality. Consultant provides no other representation to CLIENT, express or implied, and no warranty or guarantee is included or intended in the Agreement, or in any report, opinion. document or otherwise. VII. Client Responsibility 1. Consultant and Client affirm that the Client's knowledge of the site is limited in nature. Client agrees to provide Consultant with all of its known information regarding the existing and proposed condition of the Project Site. Client will provide Consultant with any new information as such information becomes available. Client warrants the completeness and accuracy of the information supplied to Consultant and acknowledges that Consultant is relying upon such information in the performance of services under this Agreetnent. 2. Client shall notify Consultant of any known potential or possible health or safety hazards or conditions existing on or near that Project Site prior to the commencement of services under this Agreement that the Client is aware or 3. Client shall correctly show on plans or surveys furnished to the Consultant, the location of all subsurface structures, such as pipes, tanks, cables and utilities. Client agrees to indemnify and hold harmless Consultant, its officers, directors, agents, employees and sub -Consultants from and against all claims, damages, losses and related expenses involving subsurface structures that the Client is aware of 4. Client shall be fully responsible for the cooperation and safety of its employees and/or agents during the provision of services under this Agreement. 5. Client is fully responsible for the reporting of any environmental matters to the proper federal, state and local regulatory authorities as may be required by law. The Client recognizes that the Consultant may also be required by law and/or regulation to report known environmental conditions to regulators. The Client authorizes the Consultant to act as its reporting agent. 6. Client recognized that environmental, geological, hydrogeologic and geotcchnical conditions at the Project Site may vary from those encountered during the provision of services under this Agreement. The accuracy of services relating to specific test (e.g., a specific soil boring) may not represent conditions a short distance away. Client acknowledges that the use of tests, calculations, analyses, methods and procedures are in a constant state of refinement by regulatory agencies and advancements in the field. Further, the provision of services relating to development and potential site uses is subject to changing and evolving standards. Client recognized that projects involving development may not occur or develop as anticipated and/or may be subject to government regulations that require the achievement of results not contemplated by Client or which cannot be accomplished under current conditions. 7. Client recognizes and appoints Consultant as the Consultant for this project, to include but not be limited to; the items mentioned in the scope of work, items that may be added by mutual written consent, any testing, design, clean-up, and restoration of the site as needed. CLIENT recognizes that consultant may hire, manage, and dismiss as needed all sub -Consultants. VIII. Samples Consultant shall retain soil, rock, water and other samples from the Project Site for a period of thirty (30) days following the analysis. The samples will be discarded or returned to Client, at Consultant's discretion, unless Client request specific disposition at Client's cost and expense. IX. Reports Unless otherwise directed. Consultant will be provided two (2) copies of each report documentimi, the provisions of services herein to the Client. All notes, logs, field data, test, laboratory analyses, calculations and other documents, as instruments of service herein, shall remain the property of the Consultant. The Consultant agrees that the Client owns the project reports and has the use of the documents prepared by Consultant for this project on this site and is limited to the defined scope of services identified in this Agreement. Any other use or reuse shall be at Client's sole risk and Client agrees to indemnify, defend and hold harmless Consultant, its officers, directors, agents, employees and sub -Consultants for all claims, damages and expenses arising out of such other use. If Client does not pay for Consultants services, Client agrees that all report and other work will be returned to Consultant and will not he used by Client for any purpose whatsoever. X. Confidentiality The Consultant shall not release any information concerning services under the Agreement except with the express prior authorization of the other Client. However, when by rule or law Consultant is required to report instances or actions the Consultant shall release the required information to the appropriate regulatory agency. Consultant, upon the request °CChem, shall execute reasonable and customary confidentiality agreement furnished by Client. Client agrees that Consultant may use and publish Client's name and a general description of services provided in describing Consultant's experience and qualifications to other clients or potential clients. XI. insurance Consultant shall maintain: 1. Workers compensation and employee liability insurance coverage in accordance with statutory requirements. 2. Comprehensive general and automobile liability insurance coverage. Consultant will furnish a certificate of insurance upon request. If Client requests increased or additional insurance coverage, Consultant will purchase such coverage, if obtainable, at the sole cost and expense of the Client. XJI. Limitation of Liability It is understood and agreed that, in seeking consulting services under this agreement, the Client is requesting the Consultant to undertake for the Client's benefit, potentially uninsurable obligation. The Liability of Consultant, its agents and sub -Consultants, for claims of loss or damages in the performance of services under this Agreetnent, shall not exceed 100°,10 of the compensation received by Consultant as its professional fee under this Agreement. In no event shall the parties hereto or their agents and representatives be liable for special, incidental, consequential or penal losses and/or damages, including but not limited to delay, loss of use, loss of profits, loss of opportunity, loss of product or revenue or cost of capital. The Client agrees to indemnify, defend and hold Consultant and its agents and representatives harmless from and against all claims, losses damages, costs and liabilities relating to this project under this Agreement. XIII. Ownership of Documents All design components, ideas, plans specifications, field data, notes, calculations, estimates and other documents we prepare, as instruments of service, shall remain property of the Consultant. The Consultant agrees that the Client owns the project reports and has the use of the documents prepared by Consultant for this project on this site and is limited to the defined scope of services identified in this Agreement. Client agrees that all reports and other work furnished to the Client or his agents that are not paid for, will be returned upon demand and will not be used by the client for any purpose whatsoever. We will retain pertinent records relating to the services performed for a period of five (5) years following the submission of the report, during which period the records will be made available to the Client at reasonable times for a reasonable fee. Remarks: Our efforts will be directed at performing the work and accomplishing the objectives defined. The estimated cost and schedule are based on the Consultant's judgment of the requirements known at the time of the proposal. The successful completion within cost and schedule limits can be influenced favorably or adversely by changes in work scope and schedules as indicated by the Client's needs. The Consultant will notify the Client in advance if schedule costs are expected to exceed the estimate. In such events, the Client may wish to 1) authorize additional funds to complete the work as originally defined, 2) re -define the scope of work in order to fit the remaining funds, or 3) request that work be stopped at a specific expenditure level, NIISCELLANEOUS PROVISIONS This Agreement may be terminated by either party upon written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. Failure of the Client to make payment as provided herein shall be considered substantial non-performance and cause for termination, The Consultant shall be compensated in full for all Services perfonned to and Expenses incurred as of the termination date together with any cost which are directly attributable to termination which are not otherwise paid. The drawings specifications and other documents may not be used for construction unless the account is paid in full, The Client shall be responsible for all expenses incurred for the collection of hourly and/or fixed fees including but not limited to attorney fees, The Client shall pay Consultant on an hourly basis for all time spent on the Project up to the time of termination. The terms and conditions ofthis Agreement may be amended only by written instrument signed by both parties Acceptance of this Agreement by separate instrument is limited to the terms contained in the instrument of acceptance, whether in the form of a purchase order, acknowledgment, acceptance or other document. Authorization and Payment Terms Authorization can be initiated by signing both copies of this proposal and returning one copy to Soil Investigation & Design, Inc. Payment will be in accordance with "Section 4: Fee Payment" as outlined on the attached "General Terms and Agreement." Thank you for this opportunity. will be happy to answer any questions you may have regarding this proposal, Authorization for Soil Investigation & Design. Inc.: Soil Investigation & Design, Inc.: 41' Authorized Signature Date 7/10/14 Name: Paul Brandt, Principal Scientist AUTHORIZATION FOR THE CLIENT: Client: Authorized Signature Date Name: This proposal is Valid for 30 days unless signed and return 111E (ATV OF LAKE ELN 0 AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL COMMUNICATION DATE: February 24, 2015 CONSENT ITEM # 8 2015 Seal Coat Project — West Lakeland Township Joint Services Agreement Ryan Stempski, Assistant City Engineer Dean A. Zuleger, City Administrator Jack Griftin, City Engineer Mike Bouthilet, Public Works Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS (if removed from the Consent Affenda): 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 Mayor Facilitates POLICY RECOMMENDER: Engineering. FISCAL IMPACT: Cost savings of $3,000 in engineering and administration services. Seal coat unit price reduction also anticipated based on economy of scale at the time of construction bids. Through a joint project effort, it is anticipated that project cost savings can be realized through an economy of scale and sharing in project expense for preparation of plans and specifications, bidding, and construction administration. In addition, staff believes that by combining the project work for both communities, we can continue to promote a more favorable bidding environment that may result in lower overall construction costs. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving the West Lakeland Township Joint Services Agreement for the 2015 Seal Coat Project. If removed from the consent agenda, the recommended motion for this action is as follows: page 1 -- City Council Meeting Ironsem Agenda Ikon 8] Febntary 24. 2015 "Move to approve the West Lakeland Township Joint Services Agreement for the 2015 Seal Coat Project." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: Staff has reviewed and updated the Joint Services Agreement with West Lakeland Township in preparation of the 2015 Seal Coat Project. Staff is recommending that the city continue to work jointly with West Lakeland Township to perform seal coating for routine maintenance of city and township streets. The agreement identifies the terms and conditions upon which the City of Lake Elmo prepares and administrates a contract for the 2015 Seal Coat Project to be completed on streets within both the city and township. Each jurisdiction pays its portion of the construction costs and shares in the engineering design, bidding and construction administration costs. The construction observation services would be contracted directly by each jurisdiction. The City of Lake Elmo is defined as the lead entity and prepares the plans and specifications with input from the township. The city bids the project and enters into a contract with the selected contractor for all the work. West Lakeland will pay a fee to the city in the amount of $3,000 to reimburse the city for the design, bidding and construction administration services related to the project. The township will reimburse the city within 30 days of receiving contractor invoices for the work performed by the contractor on West Lakeland streets. RECOMMENDATION: Staff is recommending thatle City Council consider approving, as part of the Consent Agenda, the West Lakeland Township Joint Services Agreement for the 2015 Seal Coat Project. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to approve the West Lakeland Township Joint Services. Agreement for the 2015 Seal Coat Project." ATTACHMENTN: West Lakeland Township Joint Services Agreeinent for the 2015 Seal Coat Project. -- page 2 -- JOINT SERVICES AGREEMENT FOR THE 20,15 SEAL COAT PROJECT This Agreement ixmade this day o[ 2015, by and between the West Lakeland Township (hereinafter referred to as "'West Lakeland") and the City u[ Lake Elmo (hereinafter referred to as '"Lake Elmo"), WHEREAS, it is the desire of the parties, and it is thc purpose of' this &urccnnoot, that certain road -related services be performed or contracted by Luke Bnno on behalf of West Lakeland For the PLB-POSC of seal coating certain street segments as designated by West Lakeland,, NOW. THEKCF0U, in consideration of the nno(un| covenants and conditions xc1 forth below. the above parties hereto agree as follows: | Term: The hcnn of this Agreement shall Commence Upon (hcdate o[cxccL�ionand shall be tor the duration of [lie one year warranty period lor tile 2015 Seal Coat Project, 2. Services. For tile term of this Agreement, Lake Elmo shall provide West Lakeland with 1hc CbUnv/ino services in and mn behalf of u/ra Lakeland and at the di,rchno of West Lakeland's Engineer: o. Lake E]nn,v/iU provide pro|essiona{rn-inccdn- services o»prepare Plans and Specifications and Contract CIOCUmcnts for Ulc 2015 3cu| Coat y,nccL The project will include seal coating o[street segments located in West Lakeland, in addition to dhc street segments located in [xkc Elmo tbr which Lake Eli -no is ndhcnviuu contracting. b. Prior to March 24, 2015, West Lakeland will provide Lake Elmo with nplan, designating and depicting the sbcci otgmonio to be m:u| 000ird in {[cyt Lokc|und, said plan to be sui|uhab|e for inclusion in the Plan docvmcnty, along with Lobo|abonofihe estimated quuniidea(in aquun:vardo) uhov/inotile seat coatin- work to be perfornied in West Lakeland as a pail ol'the project. c. Lake Elmo will advertise the I015 Seal Cnzk Project for contractor bids and may award ucontract for seal cnodo&' or portion of thereofas dccmncd in the bco( interests o[Lake Elmo. lt'LakcEli-no awards ucontract for the 20|5 Sea) Coot Project and West Lakeland agrccn, the award dia|l include that portion o[ streets within 'Alest Lakeland, d Lake Elmo will provide professional cnginccringxerviccs for tile consUoc(on administration oftile contract. c. At its oo|c con{ and expense, YVeo( Lakeland will provide a conoboc{1nn observer to inspect the seal coat work performed oil West Lakeland streets. I Payments. VVot LukdandshoU make payments to Lake Elmo for services rc|otcdtn o. \9cs( Lakeland will pay Lake [|unn n fee in the amount or $3,000 for cugioce,iog and odoninix1ro<inu fees performed by [okc Elmo for the son) coat project, Lake E|mu will invoice (h'm amount to West Lakeland once the Lake Elmo City Council accepts the bids and awards tile Construction contract, h Lake Gnon will make Contractor pzynlcnts for all work completed in accordance with the Contract. VVcxi Lakeland will reioohooc Lake Elmo for tile work completed and paid {othe contractor in accordance ,/i\hthe contract for the actual qunnidtcso[nnckperformed oil West Lakeland streets. c Lake Elmo will invoice VVeg Lakeland For services to be reimbursed by \Vcy| Lakeland as Outlined above and u/cx( Lakeland will pay all invoices within 30 days after receipt of the invoice. Lake Bnun yhuU include with its invoices copies of the contractor's c\airns showing the amount uhorrcJ for the work performed and materials Used in West Lakeland, 4. Insurance. Lake Elmm s/od| require its contractor(s) to provide insurance as specified h6nvv, and West Lakeland shall be named usall additional inxorrd Oil Such insurance: Comprehensive General Liability Auto Liability Workers compensation $|,UO0,0OOper occurrence, $2.000,0O0o��rcgoK: $|,IOO'0O0per wccunznucc 5. Indemnification, Luke Eli -no agrees to dcfcnd., indcnoui[» and bn|d harmless YVco\ Lakeland, and its officials, agents and employees from and against all duirnx, actions, ducnagcx' losses and cxpcnscs, including attorneys fees, ahxino out of or resulting fi-om Lake 8mo'u performance of the duties required ondcr this /\gvccnocnt, provided that any suoh c\uino, action, dunoo-e. loss or expense is caused in v,ho)c or in part by an uUugcd negligent act, mnixsi*n, or v/'|\fu| misconduct (|nduding, but not |\nuitcd in, n duin)cd breach of contract made by the contractor) of Lake Brnn. Lake Bmuo agrees to require, as part of its contract with the contractor used to provide the aoa| coating, to include \Ycut Lakeland in the contractor's indemnification obligation Linder the contract. West Lakeland agrees to defend, indemnify and hold harmless Lake Elmo, and its officials, agents and employees hnmoand against all claims, actions, damages, |ousco and cupcnxco` including attorneys' fees, arising out of or resulting, ftom West Loke|uod's performance o{the duties n:quiu/d n[itunder this Agreement, provided 1hat any ouch claim, action, dunua,,e, loss orexpense is caused in v/ho|c or in part b«un alleged negligent act o,omissinn or ,vi||[u| misconduct of West Lakeland. This provision oho|) not be construed on u waiver by either party of any defenses, immunities nr \innitu[ioox on liability to which they are entitled. undrr Minnesota 3Ntutco. Chapter460 or otherwise. Under no cinzunnytnxces shoU a party be required to pay oil behalf of itself and other parties.. any amounts in excess of the limits of liability established in K4inncyuiu 3iotuics, Chapter 466` applicable no uny one party. The limits of liability for some or all of the pat -ties may not he added together to determine the norx\nounn uniouni Of liability for any party. 0. Service Contract, This iyoservice contract. The pat -ties donot intend \ucreate, and nothing herein d/oU be uonsUncd as crcui(o-` u joint powers ugrccnenL, joint vcn(unc. or 'oint enterprise. However, to the cxk:ni o cnurt o[cun1pcicoU judsdic1i0n may Dnd such a relationship exists, Lake Elmo and West Lakeland shall be considered a single governmental entity as provided in Minnesota Statutes, section 471 .59, subdivision la for the purposes of determining total liability. The limits of liability for Lake Elmo and West Lakeland shall not be added together to determine the maximum amount of liability for either party or for any occurrence. 7, Contracting Procedure and Oversight. Lake Elmo shall be solely responsible for letting the contracts for the services to be provided hereunder in accordance Nvith all applicable laws. rules. and regulations. The bonds obtained from the contractor for the work shall include the work to be performed in West Lakeland. Lake Elmo shall. to the extent reasonably necessary, assist West Lakeland to draw upon the performance bond as needed to complete or correct any work the contractor fails to perform in West Lakeland in accordance with the contract. West Lakeland will be responsible for inspecting the work to be performed in West Lakeland, but Lake Elmo shall be responsible for generally overseeing the contractor's performance of services in accordance with the contract. 8. Miscellaneous. This Agreement is solely for the benefit of the parties hereto and no other person shall have any right, claim, or interest in it. 9. Legal Compliance. Both parties agree to comply with all applicable state. federal and local laws, rules and regulations in carrying out their respective obligations under this Agreement. 10. Entire Agreement. This Agreement represents the entire agreement between Lake Elmo and West Lakeland and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof. No amendments, addenda. alterations, or modifications to the terms and conditions of this Agreement shall he effective unless in writing and signed by both parties. IN WITNESS WHEREOF. the parties have set forth their hands on the day and year first written above. CITY OF LAKE ELMO TOWN OF WEST LAKELAND By: its Mayor By: Date Date Its Town Chairperson By: By: Its City Administrator Its Town Clerk -Treasurer Date Date 3 'fl CITY OF LAKE ELMO AYOR COUNCIL CO UNICATION DATE: February 24, 2015 CONSENT ITEM # 9 AGENDA ITEM: 2015 Scal Coat Project — Authorize Preparation of Plans & Specifications SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Mike Bouthilet, Public Works Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS (if removed from the Consent Arienda): Questions from Council to Staff ............................. ........ ........ Mayor Facilitates Public input, if Appropriate........................................Mayor Facilitates Call for Motion Mayor & City Council Mayor & City Council Action on Mayor Facilitates POLICY RECOMMENDER: Engineering and Public Works. FISCAL INIPACT: $8,500 for Engineering Design, Bidding and Construction Services. Engineering and Public Works have identified the street segments to be seal coated and crack sealed in 2015. Engineering is estimating the cost for these improvements to be $179,000, which includes $155,000 for seal coating and $24,000 for crack sealing. This estimate includes both engineering and construction related costs. These costs remain within the 2015 Street Maintenance Budget which has programmed $186,578 for this work. This authorization is for the engineering design, bidding and construction services for the project in the amount of $8,500. If the council approves the West Lakeland Township Joint Services Agreement the city will be reimbursed $3,000 of this amount. Once contract bids are received the council will be asked to approve the construction costs for the project. -- page 1 -- City Council Meeting [Consent Agenda Item SIJ February 24, 2015 SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider authorizing the 2015 Seal Coat Project engineering services to initiate the preparation of plans and specifications. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to authorize engineering services to FOCUS Engineering Inc. in the not to exceed amount of $8,500 for the 2015 Seal Coat Project." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: As part of the annual street maintenance program, certain street and roadway segments are treated with crack sealing and seal coating to preserve and extend the useful service life of the pavement. The City maintains a 5-year rolling street maintenance plan which identifies and programs paved City streets with a proposed maintenance application and desigmated year. Best management practices for street maintenance are followed to maximize benefit on the City's investments. Crack sealing will be scheduled in the spring to prepare the streets for the 2015 Seal Coat Project. The proposed 2015 Seal Coat Project will consist of 7.2 miles of City streets including the following neighborhoods or street segments: Hidden Meadows (Rock Point Church), Discover Crossing, St, Croix's Sanctuary, Fields of St. Croix, 42nd Street N, Beaut Crest Estates, 3isi Street N from Stillwater Boulevard to TH 5, Jamley Avenue N from 28th Street to 31s1 Street, Myron Ellman, Eden Park ls` and 2nd Additions, and The Forest. See attached 2015 Seal Coat Project Map. RECOMMENDATION: Staff is recommending that the City Council consider authorizing, as part qf the Consent Agenda, the 2015 Seal Coat Project engineering services to initiate the preparation of plans and specifications. If removed from the consent agenda, the recommended motion for this action is as follows: "Move to authorize engineering services to FOCUS Engineering Inc. in the not to exceed amount of $8,500 for the 2015 Seal Coat Project." ATTACHMENTN: 2015 Seal Coat Project — Location Map -- page 2 -- City tt/ Or/hi/ale 2015 SEAL COAT PROJECT LOCATION MAP uu 1ai n J\KL ELnr1O 21 Street Legend State Hwys • County Roads City Streets 2015 Seal Coat Project City Hall 5903 La,erne /Wen+.e N (65515174T.54vd 65 lakenimP.vnj Public Works Building 1661� `dl.)3+0 Fire Stations leery n1 a et,ee Schools Parcels Subdivisions City Parks Golf Course Lake Elmo Regional Park Reserve Pai6 71Rve 661) d),9)66 Lakes 0.5 0 25 0 0.5 Miles Map Date: February 2015 Created By: Planning Department TI IF CITY OF LAKE ELMO AYOR & COUNCIL COM UNICATION DATE: February 24, 2015 CONSENT ITEM # 10 AGENDA ITEM: Planning Corrunission Appointments SUBMITTED BY: Beckie Gurnatz, Deputy Clerk THROUGH: Dean Zuleger, City Administrator .REVIEWED BY: Adam Bell, Assistant City Administrator/City Clerk SUGGESTED ORDER OF BUSINESS (if removed from the Consent A2endaL Introduction of Item .... City Clerk Report Presentat ion.... „ ...... Clerk Questions from Council to Staff ............. ..... ...... Facilitates Call for Motion .......... ................ ..... ........... ...... ....................Mayor & City Council Discussion ..... .............................. ..... ............ .......„...........„......Mayor & City Council Action on Motion.... ..... ..... Facilitates POLICY RECCOMENDER: Mayor Pearson, Staff FISCAL IMPACT: None SUMMARY AND ACTION REOUESTED; Council interviewed Mr. Jess Hartley and Ms. Wendy Griffin prior to the City Council Meeting on February 3, 2015. Per Mayor Pearson's request, Council is now asked to appoint Mr. Hartley and Ms. Griffin to the Planning Commission as alternates. If removed from the Consent Agenda, the recommended action can be approved through the following motions: "Move to appoint Jess Hartley as Alternate I to the Planning Commission." "Move to appoint Wendy Griffin as Alternate 2 to the Planning Commission." LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The Planning Commission consists of 7 full voting members and 2 alternates. At this time, the Plarniing Commission currently has 2 alternate member openings, RECOMMENDATION: If removed from the Consent Agenda, the reconunended action ean be approved through the following motion: "Move to appoint' Jess Hartley as an .4Iternate to the Planning Commission." "Move to appoint fflendy Griffin as an Alternate to the Planning Commission." KF- DATE: February 24, 2015 CONSENT ITEM # 11 AGENDA ITEM: Council Minutes Format SUBMITTED BY: Adam Bell, City Clerk THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Beckie Gumatz, Deputy Clerk SUGGESTED ORDER OF BUSINESS: - Introduction of Item Clerk „ ,............,..... ..... Staff Questions from Council to Staff ..... ......... ..... Mayor Facilitates Call for Motion .... ........ ........... ..... Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates POLICY RECOMMENDER: City Clerk FISCAL IMPACT: None. SUMMARY AND ACTION REOUESTED: The City Council is being asked to accept the City Clerk's proposed format for City Council minutes. No formal action or motion is being requested at this time. LEGISLATIVE HISTORY/ BACKGROUND INFORMATION (SWOT): There have been several recent Council and staff discussions about the format and content of various council minutes. Several Council members have requested that the City Clerk identify a solution to attempt to resolve some of the previous disputes based on best practices and related legal requirements. It is the City Clerk's recommendation that the council adopt a more summary form of council minutes. It is staff' s belief that the minutes include more detail about the discussion than is necessary or appropriate. In part due to the lack of a quality historical record of previous council actions, staff has been striving to provide a more thorough legislative history, but this attempt at improving the record has been at the expense of overcompensation. As previously mentioned, over the past several months, there have been numerous occasions where the intent and/or content of the individuals speaking during the meetings as reflected in the record have been questioned. discussed, or debated. Including length), summaries of what was said can cause a substantial delay in the minutes' completion. This policy would also benefit the council. By adoptine, a more paue I -- City Council Meeting February 24. 2015 1Rt.,;:.-,rular..-Igendo hem 11 .1 summary format, the council can receive the minutes much sooner and also avoid the he said/she said arguments can and do easily arise. The proposal would not ignore the policy disagreements, but would instead let the record speak for itself It has become increasingly difficult to interpret and select what to include, especially with long meetings, as has become normal. It is the staff' s professional opinion, based on formal clerk training and comparing other cities' best practices, that the minutes should record what was done and why, but not what was said. In addition, with video records now readily available and better quality than ever before, there is no need for detailed summaries of discussion. If a governing body wishes to have verbatim minutes, an actual transcript should be obtained via a stenographer. This is what other communities that do choose to have transcripts do. Any written comments by the Council or the public would be included in full as an exhibit either attached to the minutes, agenda packets, or the meeting records. The League of MN Cities' City and Mayor's Handbooks' outline what the minutes should entail and summarize the state statutes regarding minutes. From the LMC Handbooks: Minutes of council meetings: The clerk- determines the actual wording of the minutes. unless the council adopts a standard form by motion or specifically directs the clerk to change the wording. [It is of note that anv disagreements between the clerk and council on the true facts set out in the minutes may be required to he resolved through:judicial inquiry and determination.] Generally the clerk has Nvide discretion as to how to keep the minutes. A verbatim record of everything that was said is not normally required. However. the law does require that the following be included in the minutes: The clerk must include the following information in the minutes: • The members of the public body who are present 011'1112 ShIl. 13E01, SlIbi 51110. 15„1-, 1.) • The members who make or second !notions i lhiuiui, 512 15 i„vtillti ir 512.1Qt, 3; .33;13L0;. • Roll-eall vote on motions rAhini. Sroi. /AM!, .;;d75. o; 4; 2. Li" slim. 1: 4:2.1". • Subject matter of proposed resolutions or ordinances. Olin? Sow. wthi. 6; 412./5 j si!bd. 1. • Whether the resolutions or ordinances are defeated or adopted Ohm/. Ski!. 72 231.1.01, sub,/ (); 1'!!. 3.) • The votes of each councilmember, including the mayor 4 iliti. Sii, 2 /3.0,01, -1; 331,-1.111, slehi 41'2.1.51. ; () Nu/hi. In addition, Lake Elmo City Code § 31.02 states that meeting procedure should follow Robert's Rules of Order as stated here: § 31.02 PRESIDING OFFICER. (A) Who presides. The Mayor shall preside at all meetings of the Council. ln the absence of the Mayor. the Acting Mayor shall preside. In the absence of both. the Clerk shall call the meeting to order and shall preside until the Council Members present at the meeting choose I of their members to act temporarily as presiding officer. (B) Procedure. The presiding officer shall preserve order. enforce the rules of procedure adopted by the City Council. and determine without debate. subject to the formal decision of the Council on appeal. all questions of procedure and order. Except as otherwise provided by statute or by the provisions of this subchapter, the proceedings of the Council shall be conducted in accordance with the latest edition of Robert 's Rules () Order (C) Appeal procedure. Ait, Council Member may appeal to the Council a ruling of the presiding officer. If the appeal is seconded. the member may speak once. solely on the question involved. and the presiding City Council Meeting [Regular 11/ February 24. 2015 officer may explain the ruling. but no other Council Member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present, including the presiding officer. If there is a tie vote on the appeal. the original ruling of the presiding officer shall stand. (1997 Code. § 200.01) (Am, Ord. 97-20). passed 11-20-2007) From the Roberts's Rules official website: (Menlo,: Isn't it necessary to summarize matters discussed at a meeting, in the minutes of that nice order for the minutes to be complete? 15: Answer: Not only is it not necessary to summarize matters discussed at a meeting in the minutes of that meeting. it is improper to do so. Minutes are a record of what was done at a meeting. not a record of what was said. [RoNr, ith ed.), p. 468.11. 16-18: see also p. 146 of RONR113.1 **************************4:** Regarding the minutes recording/correction in the city code. it simply states: § 3/.0.3 (A) Recording. Minutes of each Council meeting shall be kept by the Clerk or, at the direction of the Clerk. b) the Deput) Clerk. In the absence of both. the presiding officer shall appoint a temporary recording secretary. Ordinances, resolutions. and claims need not he recorded in full in the minutes if they appear in other permanent records of the Clerk and can he accurately identified from the description given in the minutes. (B) Approved. The minutes of each meeting shall be reduced to typewritten form, shall he signed by the Clerk. and copies shall be delivered to each Council Member as soon as practicable after the meeting,. At the next regular Council meeting .following the delivery. approval of' the minutes shall be considered by the Council. The minutes need not he read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction. it may be made without a vote of the Council. If there is an objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. (1997 Code. § 200.01) RECOMMENDATION: Based on the aforementioned, the staff recommends the City Council accept the City Clerk's proposed summary format for City Council minutes. No formal action or motion is being requested at this time. If further direction is needed, staff requests that Council communicate with the Clerk and staff. Any specific issues with a particular set of submitted minutes should be addressed on an individual basis. TI II CITY ( LAKE ELMO AGENDA ITEIVI: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL COM UNICATION DATE: February 24, 2015 CONSENT ITEM # 12 Hammes Estates 1 Addition Residential Subdivision — Amendment of Approved Developer's Agreement Nick M. Johnson, City Planner Dean Zuleger, City Administrator Jack Griffin, City Engineer Dave Snyder, City Attorney Kyle Klatt, Community Development Director Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS (if removed from the Consent A2enda): Introduction of Item Development Director Report/Presentation.............. ..... ...........Coirununity Development Director Questions from Council to Staff Mayor Facilitates Call for Motion ......... ...... .......................................... Mayor & City Council Discussion ........................................................ ...... Mayor 8.: City Council Action on Motion...................................................... ..... ......... Mayor Facilitates POLICY RECCOMENDER: Staff is recommending that the City Council approve an amendment to the approved Hammes Estates 1st Addition Development Agreement. The requested amendments would incorporate the necessary City payments for the oversizing of watermain within the development, as well as increase the number of pennitted model homes from 4 to 5 at the request of the developer. FISCAL IMPACT: S50,045.00 (estimated). Upon acceptance of the public improvements for the development, the City would need to pay an estimated amount of $50,045 for the oversizing of waterrnain from 8-inch to 12"inch. The oversizing credit would be paid from the City's water enterprise fund. SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve amendments to the approved Development Agreement for the Hammes Estates 1st Addition residential subdivision as part of the Consent Agenda. The requested amendments include adding the provisions for the City payment of watermain oversizing, which was not addressed in the -- page City Council Meeting [Consem Agclitla km 12] February 24, 2015 previously approved agreement. In addition, the developer is requesting to increase the number of model homes permitted from four homes to five. Should the requested action he removed from the Consent Agenda, the motion to take the recommended action on the request is as follows: "Move to adopt Resolution IVo. 2015-09, approving the requested amendments to the approved Development Agreement for the Hammes Estates ls` Addition residential subdivision. LEGISLATIVE HISTORY/STAFF REPORT: The Hammes Estates I' Addition residential subdivision Final Plat was approved on October 7, 2014„ In addition to the Final Plat, the Development Agreement for Hammes Estates Addition was also approved on the same date. The resolutions of approval of these two actions can be found in Attachments #5 and #6. When the original Development Agreement was approved, it did not account for the necessary oversizing of watennain within the Hammes Estates residential development. Upon completion and acceptance of the public improvements, the City would be responsible to pay a credit to the landowner/developer for the installation of oversized watermain. The proposed amendments to the approved Development Agreement are directly related to the payment of the watermain oversizing credit. Oversizing of City utilities within private developments is a common practice necessary to provide adequate sewer, water or storm sewer service to a broader area. In the case of watennain, the locations of oversized pipe are based on modeling of the City's entire water system to determine where oversizing of pipe and other infrastructure upgrades are necessary to optimize the performance of the overall system. More specifically, providing adequate flow and water pressure in different areas of the City requires that certain segments be oversized to provide optimal service. In terms of the oversizing credit, a typical residential subdivision can be served by 8-inch watennain. However, in certain locations, the City's water system may require a 12- inch watennain to be installed. In this case, the oversizing credit owed to the developer would be for the increased cost of oversizing an 8-inch watennain to a 12-inch watennain. This methodology is a widely accepted practice to determine oversizing credits. In the case of Hammes Estates 1' Addition, it was determined that the cost of the oversized watennain and supporting structures/material result in an oversizing credit of S50,045.00. This estimated cost is submitted by the developer's engineer, and then reviewed by the City Engineer. The estimated oversizing cost, the review by the City Engineer, and location of the watennain oversizing is in Attachment #3. In addition, the oversizing costs are also found in Exhibit B of the proposed Development Agreement (Attachment #2). It should also be noted that the amendment to the approved Development Agreement specifies that the City will pay the actual costs of construction for the oversizing. The $50,045.00 oversizing reimbursement is an estimate at this time. Finally, please note that the developer's engineer's estimate (Attachment #3) included a slight calculation error in the oversizing cost of watermain. The correct calculation is reflected in Exhibit B of the Development Agreement. In addition to the oversizing of the watermain, the proposed amendments to the Development Agreement also increase the nurnber of model homes allowed from 4 homes to 5 model homes. -- pave 2 -- City Council Meeting [Consent .4gentia Iton February 24, 2015 This request has been submitted by the developer (Attachment #4). The reason for this request is that the proposed residential subdivision will include homes built by 5 different home builders. According to the developer, 4 custom builders will participate in Hammes Estates in addition to Ryland Homes. The reason they would like to increase the number of model homes to 5 is to allow each builder participating in the project to have a model home. Staff has reviewed this request and found the modest increase to he reasonable. Prior to any model homes being constructed, the developers/builders will need to submit as -built grading survey to ensure that the lots meet the approved Grading Plan. In addition, they will need to demonstrate that there is adequate access to the model homes for emergency services. Per the approved Development Agreement, the location of the model lots is subject to the approval of the Community Development Director. To document the proposed amendments to the Development Agreement, staff has redlined the previously approved version to highlight the proposed changes. In addition to the amendments related to watermain oversizing and model homes, there are some changes related to the review of the document by the City Attorney. These limited changes are a result of review by the agreement by the Attorney and the developer's representation. The developer found all the requested changes by the City Attorney to be acceptable. STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS: Strengths: Approval of the proposed amendments to the approved Development Agreement for Hammes Estates 1 st Addition clarifies the City's responsibility with regards to watermain oversizing. In addition, pennitting one additional model home in the development supports the proposed plan of Hammes West, LLC to bring forward a mix of custom home builders to the project. Weaknesses: None Opportunities: With the completion of the amendments to the Development Agreement, the Agreement can be executed and the plat recorded. This would allow for the submission of the necessary City sewer and water fees (SACs and WACs). The developers are hoping to begin utility and street construction in the spring. Threats: 5 model homes as part of the development is the maximum amount that is acceptable. Constructing homes prior to the acceptance of the public improvements can have some elements of risk. However, staff is confident the risk can be mitigated by requiring as -built survey on all model lots and requiring proper access for emergency services should an accident occur while the homes are under construction. RECOMMENDATION: Based on the above Staff Report, Staff is recommending that the City Council approve amendments to the approved Development Agreement for the Hammes Estates I Addition residential subdivision as part of the Consent Agenda. Should the requested action be removed from the Consent Agenda, the motion to take the recommended action on, the request is as follows: -- page City Cotmeil Meeting [Consem AtcluIrt Item 121 February 24, 2015 "IIlove to adopt Resolution No. 2015-09, approving the requested amendments to the approved Development Agreement for the Hammes Estates lst Addition residential subdivision." ATTACHMENTS: I. Resolution No. 2015-09 2. Hammes Estates Developer's Agreement — Final Draft w/Proposed Amendments 3. Watennain Oversizing Cost Estimates 4. Developer Request to Increase # of Model Homes 5. Resolution No. 2014-81 6. Resolution No. 2014-82 -- Nue 4 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2015-09 4 RESOLUTION ,4PPROVING AMENDMENTS TO THE APPROVED DEVELOPMENT AGREEMENT FOR HAMMES EST4TES 157 ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, The Ryland Group, Inc., 7599 Anagram Drive, Eden Prairie, MN ("Applicant") has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for Hammes Estates Ist Addition; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014-81 on October 7, 2014 approving the Final Plat for Hammes Estates I Addition; and WHEREAS, The Lake Elmo City Council adopted Resolution No, 2014-82 on October 7, 2014, approving the Development Agreement for Hammes Estates lst Addition; and WHEREAS, the Applicant and City have agreed to amend the approved Development Agreement to include provisions related to utility oversizing and other limited amendments. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the amended Developer's Agreement for Hammes Estates I 't Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 24t1 day of February 2015 by the City Council of the City of Lake Elmo, Minnesota. Mike Pearson, Mayor ATTEST: Adam Bell, City Clerk Resolution 2015-09 Iresemed,lbr recording oilbmmtiLm/ DEVELOPMENT CONTRACT (Public sewer and water) Hammes Estates 1st Addition AGREEMENT dated .2015.by and between the CITY OF LAKE ELMKJ a Minnesota municipal corporation ("City"), and The Ryland Group, Inc. aMaryland Corporation (the "Oove|oper"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve the plat for Hannnnen Estates 1«Addition (referred to in this this Contract as the "plat"). The land is situated in the County ofWashington, State ofMinnesota, and islegally described as: That part of the South Half of the Northeast Quarter of Section 34, Township 29 North, Range 21 West, Washington County, Minnesota, EXCEPT the East 60.00 feet of the North 967 feet of said South Half of the Northeast Quarter thereof. AND EXCEPT Parcel 3 of Washington County Highway Right nfWay Plat 48-19B.recorded September 18.1S85esDocument Number 49253O. 2. CONDITIONS OF PLAJ' APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves the final plat. 3. RUGNl[ TO PROCEED. Unless separate written epp/mve| has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove i[eew, construct newer lines, water |ines, otnaets, uti|dies, public or private innp,ovements, or any buildings until all the following conditions have been satisfied: 1)this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the plat has been recorded with the Washington County Roconje/n Office. and 4\ the Citv's Community Development Director has issued a letter that all conditions have been satiafied, e preconatruc1ion conference has been held, and that the Developer may proceed. 4. HOA DOCUMENTS. The required HOA documents shall be recorded with the Washington County Recorder's Office within thirty (30) days of the plat being recorded with the County. 5. PHASED DEVELOPMENT. This plat ino phase ofa multi -phased preliminary plat, the City may refuse 10 approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred tointhis Contract are not being imposed onoudnts. if any, inthe plat that are designated inanapproved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. G. PRELIMINARY PLAT STATUS. The plat in a phase of o multi -phased preliminary p|et, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, nntoudntn. within five (5) years after preliminary plat approval. 7' CHANGES UNOFFICIAL CONTROLS' For two (2)years from the date ofthis Contract, no amendments to the City'o Comprehensive Plan or official controls shall apply to or affect the residential use, development density. lot size, lot layout or dedications of the approved final plat unless required by state or federal |avv or agreed to in writing by the City and the Developer. Thenaafter, notwithstanding anything in this Contract to the Conhary, to the full extent permitted by state |avv. the City may require compliance with any 8nnendnn*ntn to the C/ty's Comprehensive P|an, official oontro|s, platting or dedication 2 requirements enacted after the date oYthis Contract. Q. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans and at the Developer's sole expense. The plans ohgU not be aUaohnd to this Contract. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: P|onA—Fina| Plat Plan B—Final Grading, Drainage, and Erosion Control Plans Plan C— Final Sanitary Sewer, VVahar Main, Storm Sewer, and Street Plans Plan [)— Final Landscape Plan 9' IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C, VVaternlain O. Surface Water Facilities (pipe. pondo, rain gardens, etc] E. Grading and Erosion Control F. 8idevvo|km/Trai|s G. Street Lighting H. Underground Utilities i Street Signs ondTrafficCortro(Signs J� Landscaping and Street Trees K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. K8nnunnon7o Required by Minnesota Statutes The improvements shall be installed in accordance with the City subdivision ordinance and the Cdv's Engineering Design and Construction Standards Manual and pursuant to the direction of the City Engineer. The Developer shall submit plans and specifications which have been prepared by competent registered professional engineer to the City for approval by the City EnQ\nH8r, The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as o condition of City acceptance. In addition, the City may, otthe City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on } afull orpart-time basis. The Developer's engineer shall provide for on -site project management, The Developer's engineer is responsible for design ohangeoand contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at mutually agreeable time at the City Hall with all parties conoenned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications vfiU he permitted unless approved in writing by the City Engineer. The Developer agrees tn furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the Contract. The Developer oho|| not do any work or furnish any materials not covered by the plans and specifications and special conditions of this Contnant, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer an provided in the specifications. 10. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Prior to the commencement of any construction activity authorized under this agreement, the Developer shall submit an escrow for City Engineering Administration and Construction Observation in anamount provided under paragraph 36. Summary ofCash Requirements. Thereafter, the Developer shall reimburse the City each month, within 50 days of receiving an invoioe, for all engineering administration and construction observation performed during the construction of the plat at normal City rates for such Services. If the Developer fails to pay the invoiced amount within such 30-day poriod, and such failure continues for an additional five (5) business days after written notice from the City of such failure, the City may draw upon the escrow and stop the work onsite until said escrow has been replenished in its full amount. City engineering administration will include monitoring of construction progress and construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for testing, final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation may be performed by the C|ty'n in-house staff or consulting engineer. Construction observation shall inc|ude, at the discretion 4 of the odv part or full time inspection of proposed public utilities and street construction, Services will be billed on on hourly basis atnormal City rates therefore, The direction and review provided through the inspection of the improvements should not be considered o substitute for the Developer required nnaneOennen( ofthe development. Developer Will cause the contractor(s) to furnish the City with e schedule of proposed operations at least five (5) days prior to the commencement of construction of each type of Improvement. City shall inspect all Developer Installed Improvements during and after construction for compliance with approved plans and specifications. Developer will notify the City Engineer at such times during construction as the City Engineer requires for inspection purpoaes. Such inspection is pursuant to the City's Qovennnnerdo| authorhy, and no agency orjointventuna relationship between the City and Developer iothereby created. 11. COyWTRACTO RS/S UU3C OyJTRACTORS. City Council members, City employees, and City Planning Commission nnonnb8rs, and corporations, perinerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identif ied in Paragraph 8 above, 12. PERN1Ul[S' The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: A. Right-of-WayExcavations and Obstructions: ° City ofLake Elmo, Right-of-WayUtility |nnteUoUon(s) = City mfLake Brno, Right+of4WayObmtruct\on(o) 0 Washington County, Ub|hv Installations(s) ° Washington County, Street or o\ ~ Minnesota Department VfTransportation, Utility Installation ~ Minnesota Department of Transportation, Right -of -Way Permit B, VVaharn1ain Extensions: . Minnesota Department of Health C. GanharYSewer Extensions: ~ Minnesota Pollution Control Agency • Metropolitan Council Environmental Services D. Sbrmwmter&anepement ° Valley Branch Watershed District Permit E, Erosion, Sedimentation Control: ~ OVVPPP(StormvwaV*rPollution Prevention Plan) F VVedhandMiUOmtion: . Board of Water and Soil Resources, WCA G, ConstnuctionDewatehnq: . Minnesota Department of Natural Resources 13. TIME OFPERFORMANCE. The Developer shall install all required public improvements by October 31. 2015.with the exception of the final wear course of asphalt on streets. The Developer ehoU have the option of installing the wearing course of streets within one (1) year following initial commencement of work on the required basin improvements or installing it after the first course has weathered a winter seaoVn, consistent with warranty requirennents, hovveve, final acceptance of the improvements will not be granted until all work is completed including the final wear course, The Developer may, hVvvever, request an extension oftime from the City. If an extension is gnynted, it nhmU be conditioned upon updating the security posted by the Developer to reflect cost increases and amending this agreement to reflect the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 14. LICENSE. The Developer hereby grants the Qty. its aqentn, ennp|oyeoe, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 15. CONSTRUCTION ACCESS' Construction traffic access and egress for grading, public utility oonahurtion, and street construction is restricted to access the subdivision via the planned construction access off ofKeats Avenue. No construction traffic in permitted on other adjacent |oom| streets. 16. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the Developer to construct the improvements in a sequence which will e||ovv progress and compliance points to be measured and evaluated. The Developer and/or their representatives are required to supervise and coordinate all construction activities for all improvements and must notify the City in writing stating when the work is ready for the inspection at each of the measurable points defined in the following paragraphs 10..17.and 1O. For the purpose cf this paragraph, Electronic message (ennai|)shall be deemed an acceptable method of notification provided it is captioned "Notice pursuant to Development Agreement". 17. EROSION CONTROL Prior to initiating site goading, the erosion control plan, Plan B. shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the approved plans and specifications for the pkat, mth all watershed district permits and with Minnesota Pollution Control Agency's Best Management Practices. The City may impose additional erosion control requirements as deemed necessary. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City. the City may take such action as it deonnn appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed ocUon, but failure of the City to do no will not affect the Developer's and City'a rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days. the City may draw down the security to pay any costs. No deve|opnnent, utility o, street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all responsibility for erosion o0n(rn| compliance throughout the plat and the City may take such action as allowed by this agreement against the Developer for any noncompliant issue as stated above. Erosion control plans for individual lots will be required in accordance with the City's building permit requinarnents, or as required by the City or City Engineer, 18. GRADING PLAN. The plat shall bcgraded inaccordance with the approved grading drainage and erosion control plan, Plan "B". The plan shall conform to Engineering Design and Construction Standards Manual. All grading shall be completed within the Subdivision prior to the preparation and submittal ofthe as -constructed grading plan, 7 Within thirty (30) days after completion ofthe grading, the Developer shall provide the City with a record" grading plan certified by a registered land surveyor orengineer that all tnsOn, pnndn, svwa|es, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations nfthe following: a\ cross sections of ponds; b\ location and elevations along all ovva|Bn, emergency overflows, wedandn, wetland mitigation areas if any. ditches, locations and dimensions of borrow oreas/shookpiles; c\ lot corner elevations and house pads; and d) top and bottom of retaining vvaUo. The City will not issue any building permits until the approved certified record grading plan is On 0e with the City. 19. STREET AND UTILITY IMPROVEMENTS. All storm aewern, sanitary sewero, watermain, and streets shall be installed in accordance with the approved Plans and Specifications for Public Improvements, P|an"C" The plan shall conform tnthe Chv's Engineering Design and Construction Standards Manual. Curb and gutter and the first lift of the bituminous o\neets, nidewa|ks, the boulevards greded, street signs inyt8Ued, and all restoration work on the site shall be nonnp|atod in accordance with the approved p|onm. Once the work is onrnp|otad. the Developer or its representative shall submit a written request to the City asking for on inspection of the initial improvements. The City will then schedule e walk- through to create a punch list of outstanding items to be cnnnp|eted. Upon receipt of the written punch list provided by the City, the punch list horno must be completed by the Developer and the City notified to re- inspect the improvements. The find bituminous wear course may be installed in accordance with paragraph 12. above. 20. STREET MAINTENANCE DKJRUKJG CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City in writing. Warning signs :ho|| be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become innpassab|e, such streets shall be barricaded and dosed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to insure that the streets are passable to traffic and emergency vehicles. The Developer aho|| be responsible for keeping streets within and without the subdivision clean of dirt and debris that may spill, track, or wash onto the street from Developer's operation. The Developer may ,equest, in writing, that the City keep the streets open during the winter months bv plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing the streets because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the otnaoto by the City. The Developer ohoU contract for street cleaning within and immediately adjacent to the development. At o nnininnuno, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading in started. The contract shall provide that the City may dinso\ the contractor to dean the streets and the contractor will bill the Developer. 21. OWNERSHIP OF IMPROVEMENTS. Upon onnnp|edon of the work and construction required by this Cnntraot, the improvements lying within public easements shall become City property. Prior in acceptance of the improvements by the City. the Developer must furnish the City with e complete set of reproducible "record" p|ane, on electronic file of the "record" plans in accordance with the Oity'o Engineering Design and Construction Standards Manual together with the following affidavits: -Developer/Developer Engineer's Certificate ' Land Surveyor's Certificate certifying that all construction has been nonnp|c1nd in accordance with the terms of this Contract. All necessary forms will be furnished by the City. Upon receipt of "record p|ons" and affidavits, and upon review and verification by the City Engineer. the City Engineer will accept the completed public improvements. 22. PARK DEDICATION. The Developer shall pay a cash contribution of $107.554 in satisfaction of the City'n park dedication requirements. This charge is based on the park dedication requirement for all the areas to be platted within the Hammes Estates Preliminary Plat. No additional fees in lieu of land dedication will he charged for future developments within the preliminary plat area. The charge was calculated as follows: 2.1 acres (5.7 acres of park land provided subtracted from 7.8 acres of park land required) at $51.216per acre per the submitted appraisal for the property, The Developer shall q receive a credit from the cash amount due for the acbual costs of the North Bast Park Plan Improvements depicted inthe Final Landscape Plans Dated September 22.2O14. These improvement shall include: 16- f8et by 24-feetohe|ter. picnic table, bike nack, grill station, retaining vvoU, fishing pier, canoe rack, concrete hardmurfaoe, woodland seed mix restoration, |ondscoping, and parking lot improvements. The Developer shall deposit $107.554w)th the City at time of final plat to be held by the City in escrow until such time as park improvements have been installed, Upon installation ofpark improvements, the City shall release the credited amount tothe Developer. 23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND WAC\. The Developer shall boresponsible for the payment of all sewer availability charges (SAC) and all water availability charges (NAC) with respect to the Improvements required by the City and any state ormetropolitan government agency. The newer availability charge (SAC) in the amount of $3.000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer is $171.000�00. The water availability charge NVA{}\ in the amount of $5.000.00 per REU shall be paid by the Developer prior to the City recording the final plat. The total amount to be paid by the Developer in $171.000.00. In addition. e sewer connection charge in the current amount of$1.0UO.0O pnrF<EU. a Met Council sewer availability charge in the current amount 0f$2.435.0O parREU. and a water connection charge in the current amount of $1.000.00 per REU will be collected by the City at the time the building permit is issued for each lot. These amounts are charged at the time of building permit in accordance with the }8\ent city fee schedule, 24' TRAFFIC CONTROL SIGNS. Traffic control signs shall be included as part of the public street improvements, and the installation costs shall be included in the mtna*t construction calculations. 25. STREET LIGHTS. The Developer is responsible for the installation of street lights 10 consistent with n street NohhnD plan approved by the City. The Developer shall coordinate the installation Vfstreet lights with XCe|Energy inconjunction wjththeo1herinnpromannen|s.endoOnaeohopoy >(ce| Energy for all upfront costs associated with the street lighting syntern, including underground cables, posts. |ampn, baUa,ta, atartans, photocells, and glassware, All street lights will be leased by the City upon final acceptance of the system. The Developer oheU also pay $499.68 in payment for the first year operating costs for street lights. 20. WETLAND 88Ul[IGAJ'IOM/. The Developer shall onnnp|ehs vmaUend nndigsdion/rectoration /naccordance with the approved Plans and Specifications and inaccordance with any applicable Watershed or agency Permits. If the mitigation work in found to be incomplete or restoration iaunsuccessful the City may draw down the security at any time during the warranty period if the Developer fails to take corrective nneo8uneS to be used by the City to perform the work. Prior to the acceptance of the public improvements for the Hammes Estates plat, all wetland buffers shall be delineated and identified via staking and signage that \oacceptable tothe City. 27. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. Public sewer and water, cu,bing, and one lift of asphalt shall be installed on all public and private streets prior to issuance Vfany building pnnnUa, exco[dfive#*+4+ model homes on lots acceptable tnthe Community Development Director. B. Prior to issuance ofbuilding perrnits, vve(|end buffer monuments shall be placed in accordance with the Qty's zoning ordinance. The monument design shall be approved bythe Community Development Department. C. Written certification of the as -constructed grading must be on file at the City for the block where the building is to be located. D. Breach of the terms of this Contract by the Developer, including nonpayment of billings from the Qty, shall be grounds for denial of building permits and/or withholding of other pernnits, inspection or actions, including lots sold to third padiea, and the halting of all work in the plat. E. If building permits are issued prior tothe acceptance of public improvennents, the I Developer assumes all liability and costs resulting in delays in completion ofpublic improvements and damage to public improvements caused by the Chx. Oeve|oper, their rontnaotons, subcontractors, nnateha|nnen`employees, agents, orthird parties, F. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the City Engineer. & The City will not issue o certificate of occupancy for any building m>natnuobad on any lot or parcel in the Plat, including any model homes authorized under this agreement, until Public S8vv8r and water, curbing, and one lift ofasphalt is installed on all public and private streets; all utilities are tested and approved by the City Engineer; and the as- constructed grading must beonfile atthe City for the block where the building isto be located. 28. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen.or others that work required bvthis Contract has been performed, the sums due them have not been paid, and the laborers, nnoteha|nnen, or others are seeking payment from the Cbv, and in the future event that such claims have not been resolved by the Developer within thirty (30) days after written notice from the City. the Developer hereby authorizes the City 10 commence an |nherp|eoder action pursuant to Rule 22, Minnesota F7ukas of Civil Procedure for the District Cnurts, to draw upon the letters ofcredit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall re|eane, discharge, and dismiss the City from any further proceedings as K pertains to the letters of credit deposited with the District Court. except that the Court shall retain jurisdiction to determine payment nfattorneys' fees pursuant tnthis Contract. 13. Except as otherwise specified herein. the Developer shall pay all costs incurred by it or the City in conjunction with the development of the p|at, including but not limited to |age|, p|annin8, engineering and inspection expenses incurred in connection with approval and acceptance ofthe p|at, the preparation of this Con1nsct, review of construction plans and docunnents, and all costs and expenses 12 incurred by the City in monitoring and inspecting development of the plat, All onloun1n incurred and due at the time, must be fully paid prior to execution and release of the final plat for recording. C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from p}8i approval and development, The Developer shall indemnify the City and its offioaro, ennp|oyeeo, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. O� The Developer shall reimburse the City for costs incurred inthe enforcement of this Contract, including reasonable engineering and attzrneys foes. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (50) days after receipt. Bills not paid within thirty (30) days shall be assessed a late fee per the City of Lake Elmo adopted Fee Schedule. Upon request. the City will provide copies ofdetailed invoices ofthe work performed. 29. City Payments. In the event city payments arereauirod by Section 28.AUe|ovv. within thirty (30) days of the Chy's final aocmptenoe of the Improvements. purouant to Section 21 of this Aqreement, but only if the Developer is not in default under this Aore*nnent. the City shall pay to the Developer the sums set forth inthe attachment bothis AoreannentnnExhibit B.The actual amount ofthe reimbursement shall be based on actual construction costs which will be verified by the Developer tothe City in the Plans submitted to the City as 'oouired in Section 21,This paVnnenL by the City shall be the Ciiy's only responsibility, with reqord to construction of the Improvements and in no case shall act as a waiver of any other riqht of the City under this Agreement or under applicable |avvs, ordinances, or rules. A. City Payments Pursuant tothis Ag/eernentshall be: $50.045.00 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat A. Implementation of the recommendations listed in the September18, 2014 Engineering memorandum -is reQUired alona with all conditions of approval listed in any Citv Council resolution anorovino the n|aL 13 B. Within thirty (3O)days ofthe plat being recorded a1the County, the Developer shall convey [}utkd A and C to the City by warranty deed, free and clear ofany and all encumbrances. C The Developer shall install a temporary turnaround at the southern end of June Avenue North until it is extended as part of future phases of the Hammes Estates development. Q. The Developer must obtain a sign permit from the City Building Official prior to installation of any permanent subdivision identification signs. F. The Developer shall provide for a minimum green belt/buffer of 100 feet around all of the adjacent Stonegatesubdivision. This buffer shall besecured byacovenant running infavor ofthe City_ and atitle commiirnentissued therefore. G. All trails shall be located within the easements and dedicated to the City of Lake Elmo, Title commitments from a reqional title company shall be provided for all land so dedicated. H. The Developer shall be responsible for the construction of all improvements within the Keats Avenue (CSAH 19) right-of-way as required by Washington County and further described in the review letter received from the County dated May O. 2014. The required improvements shall |nc|ude, but not be limited to: modifications to the median crossing in this area, continuation of a bituminous trail through the median, turn lanes, and other improvements as required by the County. |. The Developer shall observe all other County requirements as Specified in the Washington County review letter dated K4ay5, 2014. J. The Developer shall enter into a maintenance agreement with and satisfactory tothe City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated aspublic park and open space oOthe final plat. K. Any land under which public trails are located will be accepted as park land provided the Developer constructs Said trails within the dedicated areas as part of the public improvements for the subdivision and easements are provided where required bythe City. L Nomore than one hundred units depicted onthe preliminary plat /100\may be 14 approved aspart ofafinal plat until esecond access is provided bothe subdivision via a connection through the property tothe south o[the Hammes Estates. M The Developer shall be responsible to monitor the restored southern shoreline of Goose Lake for invasive species for a period of 5 years as specified in the MN [>NH Public Waters Work Permit, N, The Developer shall submit all documentation of remediationactivitieS related to a recorded soil contamination on the site to the Minnesota Pollution Control Agency for review and approval. The Developer shall submit the acknowledgment nf approval from the Minnesota Pollution Control Agency to the City prior to the issuance of building permits for all lots in the recorded plat affected by the soil contamination event. The Developer must submit the acknowledgement ofsuccessful nennediadon from the MPCA prior to the City's consideration of subsequent phases of the Hammes Estates development. 31. MISCELLANEOUS. & The Developer may not assign this [bntna(z without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect oven if the Developer sells one ormore lots, the entire plat, orany part ofit, B. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or Oeotechnica| engineer licensed by the State of Minnesota. Following cnnstruction, a certification signed bythe design engineer shall be filed with the City Engineer evidencing that the retaining wo|| was constructed in accordance with the approved plans and specifications. All retaining walls identified onthe development plans or byspecial conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which o retaining wall is required to be built. C� Appropriate |eOe| documents regarding inc|udino Homeowner Association doounnents, covenants and restrictions relating to the plat approval and nuUots and conveyanoea, as approved by the City Atkrrney, shall be filed within thirty (30) days of the recording of the p|oL No third - party beneficiary status in hereby conferred. All ouUntm and common areas, including Oudots C o*4 O. shall be maintained in good order and repair by a homeovper's association, and, if it does not do so, then the City may perform the work and assess the costs against the individual lots within the plat of Hammes Estates and without regard hzthe formalities nr requirements of Minn. Stat. §42S. O. Developer shall take out and maintain or cause to be taken out and maintained until six (0) months after the City has accepted the public improvements, public liability and property damage insurance covering personal in'ury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500.000 for one person and $1.UOO.0OOfor each occurrence; limits for property damage shall be not less than $200.000 for each occurrence; or a combination single limit policy of$1.00O,UOO ormore. The City shall bc named aaenadditional insured on the po|icy, and the Developer aho|| file with the City n certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must begiven thirty /30\days advance written notice ofthe cancellation mfthe insurance. E. Third parties shall have norecourse against the City under this Contract. F. /f any portion, oechon, subsection, sentence, c|ause, panagnaph, or phrase of this Contract isfor any ,aenon held inva|id, such decision shall not affect the validity of the remaining portion of this Contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers nh@U be in wrNng, signed by the parties and approved by written resolution of the City Council. The Chy's failure to promptly take legal action to enforce this Contract shall not beawaiver orrelease. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this Contnact, in the form attached heretn, from all parties who have an interest in the property; that there one no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach nfthe foregoing covenants. i Each right, power or remedy herein conferred upon the City is ounnu|advo and in addition to every other right, power or remedy, express or implied, now nrhereafter arising, available to City, at law Vr in equhy, or under any other agreement, and each and every right, power and nan`ady herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and oho|| not be o waiver of the right to exercise at any time thereafter any other right, power orremedy. J. The Developer represents to the City that the plat complies with all city, cnunty, nnetpnpo||tan, stato, and federal laws and n*gu|ahons, including but not limited to: subdivision nrdinancen, zoning ordinances, and environmental regulations. |fthe City determines that the plat does not comply, the City may, at its opUun, refuse to allow construction nrdevelopment work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 32' EVENTS OF DEFAULT. The following shall be "Events of Deheuh" under this Agreement and the term ''Event of []ofou|Y' shall nneon, whenever it is used in this Aoreemend, any one or more of the following events: A. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement and the continuance of such failure for a pe6od of thirty (30) days after written notice thereof (provided, however, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the cinCunnstanceo). B. Failure by Developers to substantially observe or perform any material covenart, condkion, obligation or agreement on their part to be observed or performed under this Agreement and the continuance ofsuch failure for n pehod of thirty (30) days after written notice thereof (provided, hovvever, that in the event of a bona fide emergency, the City shall only be required to give such notice as is practicable under the circumstances). 33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Aoreennent, or otherwise by written, executed instrument 0fthe City, may take any one ormore ofthe following: A. The City may suspend its Performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City 10withhold permits including, but not limited to, building permits. B. The City may initiate such action, including legal or administrative ection, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Deve|opera, or immediately draw on the Letter of Credh, as set forth in this Agreement. In the event of any uncorrected failure to maintain any common area or landscape areas, the City may undertake to do the vvnrK and assess the costs to the individual lots within the plat without regard to the formalities nrrequirements of Minn. GtaL §429.. 18 34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its haUuna to perform any or all of its obligations under this Aoreonno/t may result in substantial damages to the City; that inthe event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may ino|ude, but are not limited to, the reasonable fees oflegal counsel employed with respect tothe enforcement ofthis Agreement. 35, WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship, The Developer shall submit either cash oraletter ofcredit for twenty-five percent /25Y6\ofthe amount of the original cost ofthe improvements, A. The required warranty period for materials and workmanship for the utility contractor installing public novvar and water mains shall be two (2) years from the date of final written City acceptance ofthe work. B The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and tnoiks, materials and equipment shall be e+A4eg44�-one /1i year from the date of final written 3coeptonce, unless the wearing course is p|mmad during the aonne construction season as the bituminous base course. In those instances, the Developer shall guarantee all vvork, including street cons1ruchon, concrete curb and gutter, sidewalks and trai|s, material and equipment for a period oftwo (2)years from the date offinal written City acceptance of the work, C, The required warranty period for sod, trees, and landscaping is two growing seasons following installation. D. The required vvGnonty for landscaping within storm water infiltration areas (Ou<kd A) nhoU be three/3\ years following inSt8||@hnn. The Developer shall also enter into ofunded maintenance agreement with the City for a period of three (3) years prior to acceptance of the landscaping for within these storm water infiltration areas. Said maintenance agreement shall include requirements for the proper care of native plantings and the elimination ofweeds and invasive species. 19 36' SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreemend, payment mfspecial osmesnments, payment ofthe costs of all public innpvovements, and construction of all public improvements, the Developer shall furnish the City with an irrevocable letter of cnadh, in the form attached henatm, from a bonk, oeoh escrow or o combination mash escrow and Letter of Credit ("security") for $2,880,829.56. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Streets S489.24150 Sanitary Sewer 8569.227.75 VVaternnain $558.915.00 Surface Water Facilities (pipe.ponds, rain gardens, $479.785.50 Grading $25.000.00 Erosion Control $25.801.90 Sidewalks/Trails $117.684.00 Street Lighting )(ce| to |nsda||, to be pre -paid directly by Developer Street Signs and Traffic Control Signs $5.550.00 Landscaping $222.856.00 Tree Preservation and Restoration $3.600,00 Wetland Mitigation and Buffers Separate letter cfcredit through Watershed District Monuments $5.700.00 Miscellaneous Facilities N/A Developer's Record Drawings $2.500�00 Construction Sub -Total $2'304'663.65 Total Project Securities (at 125Y6Construction $3,880'829.56 2O This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject tothe approval of the City Administrator. The City may draw down the secuhty, without nodoo, for any violation of the terms of this Contract or if the security is oU0v«ed to lapse prior to the end of the required term. If the required public improvements are not completed at {oast thirty (30) days prior to the expiration of the security, the City may also draw it dVvml. If the security is drawn dowm, the proceeds shall beused tocure the default. 37. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt of proof satisfactory to the City Engineer that work has been completed and financial obligations 10 the City have been satisfied, with City Engineer approval the security may be reduced as follows: A. Up to 50Y6. 0r$1.44O.414.7Oofthe security provided in accordance with paragraph 32. above may be released when: (1) Developer's obligations under this Agreement have been completed and the Public Improvements have been found to be complete to the satisfaction of the City including all corrective work for any identified punch list iterns, but not including the final wear course; and (2) completion of the Improvements is done to the satisfaction of the City and evidence of such is provided by the City in writing and satisfactory evidence of payment, such as lien waivers are provided, B. Up to an additional 25%. or $720,207.39of the security provided in accordance with paragraph 32. above may be released when: (1) Developer's obligations under this Agreement have been completed and the Improvements have been found to be complete to the satisfaction nfthe City including all corrective work for any identified punch list items and including the final wear course; and (2) Improvements are accepted by the City in writing and satisfactory evidence of payment, such as lien waivoro, are provided. C. Twenty percent <25Y6> of the pnnVunto certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required ''record" plans have been received and approved by the City, (5) o warranty security is pnmvided, and /8\the public improvements are accepted bythe City. 38. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash 21 requirements under this Contract which must be furnished to the City at the time of final plat approval: Sewer Availability Charge (SAC) $171.000.00 Water Availability Charge NVAC\ $171.000�00 Park Dedication $107.554.00 Street Light Operating Fee $499.08 City Base Map Upgrading $1.425.00 City Engineering Administration $5O.0OO.00(Based 0ntwo months Vf Escrow administration/observation) Total Cash Requirements $501,478.68 39. NOTICES. Required notices tothe Developer eheU be in writing, and ahoU be either hand delivered to the Developer, its employees or agenta, or mailed to the Developer by certified rnaU at the following address: 36 Moonlight Bay, ShUwabar, MN 55082. Notices to the City shall be in writing and shall be either hand delivered to the [kv Admuinistnshnr, or mailed to the City bycertified nnei| in care of the City Administrator at the folloWng address: Lake Elmo City Hall, 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042, 40. EVIDENCE OF TITLE. Developer shall furnish the City with evidence ofits fee ownership of the property being platted bvway of anattornm/3 bUo opinion or title insurance policy dated not earlier than thirty (30) days prior to the execution of the plat. (SEAL) CITY OFLAKE ELMO BY: AND . Mayor , City Clerk 22 THE RYLAND GROUP, INC. BY: Its STATE {lFM|NNE8OTA COUNTY OF WASHINGTON The foregoing instrument was acknowledged before me this day of . 2 . by and by _ _ _ _ . the Mayor and City Clerk of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) �as. COUNTY OF The foregoing instrument was acknowledged before me this day of . 2015, by The Ryland Group, Inc., a Maryland corporation, for and on behalf of the corporation, DRAFTED BY: City ufLake Elmo 3OOOLaverne Avenue North Lake Elmo, MN 55042 NOTARY PUBLIC 23 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT , fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of STATE OF MINNESOTA COUNTY OF by ) ( ss. ,2 The foregoing instrument was acknowledged before me this day of , 2 DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901 NOTARY PUBLIC 24 MORTGAGE CONSENT DEVELOPMENT CONTRACT TO . which holds a mortgage on the subject property, the development ofwhich h;governed bvthe foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 2 STATE OF MINNESOTA (ma COUNTY OF The foregoing instrument was acknowledged before me this day of 2 .bv DRAFTED BY: City ofLake Elmo 38OOLaverne Avenue North Lake Elmo, MM 55042 NOTARY PUBLIC 25 EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Hammes Estates 15t Addition That part of the South Half of the Northeast Quarter of Section 34, Township 29 North, Range 21 West, Washington County, Minnesota, EXCEPT the East 60.00 feet of the North 967 feet of said South Half of the Northeast Quarter thereof. AND EXCEPT Parcel 3 of Washington County Highway Right of Way Plat 49-19B, recorded September 18, 1985 as Document Number 492530. EXHIBIT 49BIY TO ,DEVELOPMENT CONTRACT cost/ Cost Increase Contract Item Unit (8"to12"VVK4) Quantitv ` VVatennain LF $12.50 3,104 Gate Valves EA $1.225.00 4 P|u95 E4 $345.00 I Fittings Lbs $5.08 1,131 Total Oversizing Estimate � Amount — 53O'8OO.0O $4'9U0M $698M $S,6S5.00 $SO'O4S.00 27 IRREVOCABLE_ LETTER ==CREDIT Dear Sir OF Madam: No. VVehereby issue, for the account of (Name ofDovolopmr) and inyour favor, our Irrevocable Letter of Credit inthe amount rf $ .available bzyou byyour draft drawn onsight onthe undersigned bank o\its offices in Minnesota. 2 The draft must: a) Bear the clause, "Drawn under Letter ofCredit No. .dated .2 .of b) Besigned bythe Mayor orCity Administrator ofthe City mfLake Elmo. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, This Letter of Credit shall automatically renew for successive one-year Vannu unleas, at least forty-five (45) days prior to the next annual renewal date (which ohnU be November3O o/ each year), the Bank do|kmm written notice to the Lake Elmo City Administrator that it intends to modifythe terms of, or cancel, this Letter of Credit, Written notice is effective if sent by certified mai|, postage pnepaid, and deposited in the U.S. K8oi|. at least forty-five (45) days prior to the next annual renewal date addressed as follows� City Administrator, City Hall, 3800 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified' amended. amplified, or limited byreferenceto anydocument, instrument, or agreement, whether or not referred to herein. This Latter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter ofCredit, This Letter ofCredit ohed| be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that o draft drown under and in compliance with this Letter cfCredit shall be duly honored upon presentation. Its 28 K��K����&0F�U�� '"'^-'.'��'^,�'`��^^'"' Date: February 18,2O15 To: Nick Johnson, City Planner From: Jack Griffin, P.E,City Engineer ENGINEERING, inc. Cara Geheren,pE. Jack Griffin, P.E. Ryan5tempski P.E. Chad |sak^nn' P.E. 651.300.4I61 651.300.4264 651.300.4367 651.300.4283 Re: Hammes Estates — Watermain Oversize Costs The City has requested that the standard D'mdh diameter watennain beoversized to a lZ'inch trunkwatennain within aportion ofthe Hammes subdivision as depicted on the attached exhibit. The Hammes Estates preliminary plans have included the t,unkwatennain accordingly. Engineering received the attached watprma|n oversize cost determination as prepared by Westwood Professional Services, dated February 2, 2015. The costs have been reviewed and appear to be an appropriate estimate for the oversizing requested. PAGE 1 of 1 2//912015 Focus Engineering, Inc. Mail 'Hamniesove,xizing Jack Griffin <jack.griffin@focusengineeringinc.com> Hammes Overs'z'ng Ryan BIuhmn <Ryan.B|uhm ps.com' Mon. Feb 2. 2015 sdQ:41 AM To: Nick Johnson «NJohnoon@|akee|moorg> Cc: Jack Griffin <|aok.ghffin@focumyng\neehnginc.com>.Brian McGoldrick <bha jmogo|dhok@hotmaiicomp. "Sonshegand.Mark" <mnonnheg@ry|and.uom> Nick and Jack, The oversizing costs are as follows; - 12`mmhannainversus 8^wobennan-3l04LFx$12.5D8-F=G37.248 - 12^Gate valves versus 8^Gate Valves —4eax$1225=$4QO0 - 12.Plugs versus 8^Plugs —2eax$345=$Og8 3481 Lbuoffittings versus 2350Lbnfor 8^pipe =1131^$5=$5G55 Total Qversbjng=$48.4y3 | hope this helps. See the attached sketch for the location of the 12" vvatennain. Thanks RyanB|uhm Senior Project Manager Ryan.B|uhm@wes0woodps.com Direct (952)806'7432 Main (952)937'5150 Cell (952)873'9300 Multi -Disciplined Surveying &Engineering 7699 Anagram Drive I Eden Prairie, MN 55344 weotwoo ps,00m (888)837'5150 [Quoted temwme"| Confidentiality Statement: This message and any attachments may contain confidential, proprietary or legally privileged information. Any unauthorized dissemination, use, or disclosure of this information, either in whole or in part, is strictly prohibited, The contents of this e-mail are for the intended recipient and are not meant to be relied upon by anyone else. If you have received this message in error, please advise the sender by reply e-mail, and delete this message and any attachments. Thank you. K muumnai|.nnoumcam/ma mvm/?vi~zmm=aenn000usnu,iew=vao,/=C zp nmcnu%zpHam me,mzos— 1/1 112 ! 17, •••••„„.. ;.3. • „ s 7 t5 t t4t \\, ...' . f T ' '''' . f ':"'5 :'' :•. . s " . # k -------tfi : ' 4 KEATS Aletili— '`` a CS Art x9 " Vt.SL".7 , s-J F February 19, 2015 City of _Lake Elmo Attn: Nick Johnson Per our conversation, I expanded from four to the Fall parade. Thank ly, /BrTnMo1dri Chief Manager Hammes West LLC HAMMES WEST LLC 36 Moonlight Bay Stillwater, MN 55082 (651) 439-3636 am requesting the number of model lot building permits be five. This will give each builder in our development a model for you in advance for your assistance. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2014-81 A RESOLU-71ON APPROVING A FINAL PLAT FOR HAMMES ESTATES WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State ofMinnesota; and WHEREAS, Hammes West, LLC, 36 Moonlight Bay, Stillwater, 1V1N (Applicant) has submitted an application to the City of Lake Elmo (City) for a Final Plat for Hammes Estates, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on May 12, 2014 to consider the Hammes Estates Preliminary Plat and continued discussion on the Preliminary Plat until its June 23, 2014 meeting; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation concerning the Preliminary Plat as part of a memorandum to the City Council for the July 1, 2014 City Council Meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its July 1, 2014 meeting and adopted Resolution No. 2014-55 approving the Preliminary Plat; and WHEREAS, the Lake Elmo Planning Commission met on September 22, 2014 to review the Final Plat for Hammes Estates consisting of 57 single-family residential lots; and WHEREAS, on September 22, 2014 the Lake Elmo Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Hammes Estates with conditions; and WHEREAS, the City Council reviewed the recommendation of the Planning Commission and the Final Plat for Hammes Estates at a meeting held on October 7, 2014; and NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: ,RIND1NGS 1) That the procedure for obtaining approval of said Final Plat is found in the Lake Elmo City Code, Section 153.08. Resolution 2014-81 2) That all the requirements of said City Code Section 153.08 related to the Final Plat have been met by the Applicant. 3) That the proposed FinPtat for Hammes Estates consists of the creation of 57 single-farnily residential lots. 4) That the Hammes Estates Final Plat is consistent with the Preliminary Plat and Plans as approved by the City of Lake Elmo on July 1, 2014 and revised on August 25, 2014. 5) That the Hammes Estates Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 6) That the Hammes Estates Final Plat complies with the City's Urban Low Density Residential zoning district, 7) That the Hammes Estates Final Plat complies with all other applicable zoning requirements, including the City's landscaping, storm water, sediment and erosion control and other ordinances, except as noted in this report or attachment thereof 8) That the Hammes Estates Final Plat complies with the City's subdivision ordinance. 9) That the Hammes Estates Final Plat is consistent with the City's engineering standards with the exceptions noted by the City Engineer in his review comments to the City dated September 18, 2014. CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat for Hammes Estates subject to the following conditions: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the plans requested by the City Engineer in a rnemo dated 9/18/14 shall be incorporated into these documents before they are approved. 2) The developer shall provide evidence in a form satisfactory to the City Attorney that warrants it has fee interest in area included in the Hammes Estates Final Plat. 3) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer's Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 2 Resolution 2014-81 4) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the release of the Final Plat for recording. 5) A Common Interest Agreement concerning management of the conunon areas of Hammes Estates and establishing a homeowner's association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. Said agreement shall comply with Minnesota Statues 515B.3-103, and specifically the provisions concerning the transfer of control to the future property owners. The applicant shall also enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the Final Plat. 6) The applicant shall provide fees in lieu of land dedication for 2.1 acres of land to fulfill the City's parkland dedication requirements in a pro -rated amount for the Phase 1 Area or in an amount addressing the total site. 7) The Final Landscape Plan shall be revised per the requested modifications of the City Landscape Consultant, documented in a memo dated 9/18/14. Final Landscape Plans shall be approved prior to the release of Final Plat for recording. 8) The applicant shall provide evidence that all conditions attached to the Valley Branch Watershed District permit for the Final Plat and associated grading work have been met prior to the commencement of any final grading activity. 9) The applicant must provide written authorization to perform any work in the Electrical Transmission easement areas prior to the release of the Final Plat for recording. 10) The applicant shall provide evidence that Washington County has approved final construction plans for all required work within the Keats Avenue right-of-way as described in a letter from the County dated May 6, 2013, Final Construction Plans provided to the City shall be updated to include the improvements approved by Washington County 11) The applicant shall abide by all conditions of the MN DNR Public Waters Work Permit dated 8/27/14. 12) The applicant must revise the Goose Lake Park Plan to provide greater separation between the public use area and the lift station maintenance area. The applicant will be responsible for all necessary watershed district perniitting requirements related to the Goose Lake Park improvements. 13) Per the recommendation of the Fire Chief, the applicant must submit all documentation related to the mitigation of the soil contamination to the Minnesota Pollution Control Agency's Voluntary Brownfield Program for review and approval prior to the issuance of any building pennits for the lots affected by the soil contamination. 14) Prior to the acceptance of the public improvements for the ls' Phase of the Hammes Estates subdivision, all wetland buffers shall be delineated and identified via staking or signage that is acceptable to the City. Resolution 2014-81 15) Any boardwalk trail segments included in the Hammes Estates subdivision must be designed to accommodate bicycle traffic, 16) All trees impacted by the northern buffer trail must be inventoried and replaced at the schedule or rate specified in the City's tree preservation ordinance (§154.257). Passed and duly adopted this 7th day of October 2014 by the City Council of the City of Lake Elmo, Minnesota. ATTEST: A an Bell, City Clerk 4 Resolution 2014-81 Mike Pearson, Mayor CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO, 2014-82 A RESOLUTION APPROVING THE DEVELOPER'S AGREEMENT "OR HAMildES ESTATES 1ST ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, The Ryland Group, Inc., 7599 Anagram Drive, Eden Prairie, MN ("Applicant") has previously submitted an application to the City of Lake Elmo ("City") for a Final Plat for Hammes Estates V' Addition; and WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat request for Hammes Estates at a meeting held on July 1, 2014; and WHEREAS, The Lake Elmo City Council adopted Resolution No. 2014-82 on October 7, 2014 approving the Final Plat for Hammes Estates 1 Addition; and WHEREAS, Condition (2) of said Resolution No. 2014-82 establishes that, prior to the execution of the Final Plat by City officials, the Applicant is to enter into a Developer's Agreement with the City; and WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy of the Developer's Agreement was submitted to the City Council for consideration at its October 7, 2014 meeting. NOW, THEREFORE, based on the information received, the City Council of the City of Lake Elmo does hereby approve the Developer's Agreement for Hammes Estates Is' Addition and authorizes the Mayor and City Clerk to execute the document. Passed and duly adopted this 71h day of October 2014 by the City Council of the City of Lake Elmo, Minnesota, ATTEST: Resolution 2014-82 "IFIF: CITY OF KE ED/ 0 AYOR & COUNCIL CO UNICA TION DATE: February 24, 2015 CONSENT ITEM # 13 AGENDA ITEM: Lennar Request to Amend Savona Preliminary Plat Approval Condition No. 19 SUBMITTED BY: Kyle Klatt, Community Development Director THRGUGH: Dean Zuleger, City Administrator REVIEWED BY: Nick Johnson, City Planner Jack Griffin, City Engineer SUGGESTED ORDER OF BUSINESS: Introduction of ltem Development Director ReportlPresentation.......... ..... ...............Community Development Director Questions from Council to Mayor Facilitates Call for Motion ............ ...... Mayor & City Council Discussion ........ .......................... Mayor & City Council Action on Motion ........................................... ..... N1ayor Facilitates POLICY RECCOMENDER: Staff is recommending that the City Council approve a request by Lennar Corporation to amend a condition that was attached to the City's approval of the Savona Preliminary Plat. FISCAL IMPACT: None. The request would allow the platting of additional lots that would bring in SAC and WAC payments. SUMMARY AND ACTION REOUESTED: The City Council is being asked to consider a request from Lennar Corporation to amend Condition No. 19 from Resolution No. 2013-064 that limits the number of residential units that can be platted within the Savona residential subdivision until such time that a secondary access is provided to the subdivision (beyond the current access to Keats Avenue that was constructed with the first phase of the project). Lennar is asking that this condition be reworded to limit the overall number of building pen -nits that may be issued within the subdivision instead of platted units for the reasons stated in the attached letter. Given the level of platting that has occurred over the past two years within projects adjacent to Savona, Staff is recommending approval of the request, but is asking that the Council 5th consider two conditions with this approval that will require the developer to continue building City Council Meeting 'Consent Agenda Itifin 13] February 24, 2015 Street as future single-family phases are platted. and to require that all necessary utility improvements are in place to serve the first two subdivision phases. Staff is recommending that the City Council approve the request to amend the Resolution approving the Preliminary Plat for Savona by adopting the following motion: "Move to adopt Resolution No. 2015-010, amending Resolution No. 2013-064 approving a prelinzinaty plat for Savona." STRENGTHS, WEAKNESSES, OPPORTUNITIES, THREATS: Strengths: Approval of the request will allow additional platting of Iots and allow the developer to respond to favorable market conditions. Platting around Savona has occurred that will allow for the secondary access to be provided on a faster time schedule than was anticipated when the preliminary plat was approved. The developer would still be limited to an overall number of units pending the completion of secondary access. Weaknesses: Staff has generally been recommending that a secondary access be provided into developments that exceed 1 00-1 50 units. Opportunities: Amending the secondary access condition will allow Lennar to plat additional townhouses in an area that is adjacent to the improved portion of 5th Street, Threats: There is no specific time frame for the completion of any secondary access, although the next phases of either Boulder Ponds or Hammes West will likely provide this cormection. RECOMMENDATION: Based on the aforementioned, Staff is recommending that the City Council approve the request to amend Condition No. 19 from Resolution No. 2013-064 that limits the number of residential units that can be platted within the Savona residential subdivision until such time that a secondary access is provided to the subdivision through the following motion: "Move to adopt Resolution No. 2015-10, amending Resolution No. 2013-064 approving a preliminary plat for Savona." ATTACHMENTS: 1. Resolution No. 2015-10 2. Letter of Request from Lennar Corporation -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2015-10 A RESOLUTION AMENDING RESOLUTION NO, 2013-064 APPROVING A PRELIMJNARY PLAT FOR SA 'ONA WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, U.S. Horne Corporation (d/b/a Lennar), 16305 36th Avenue North, Suite 600, Plymouth, MN (Applicant) has submitted a request to the City of Lake Elmo (City) to amend one of the conditions attached to Resolution No. 2013-064 approving a Preliminary Plat for Savona, a copy of which is on file in the City of Lake Elmo Community Development Department; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on July 22, 2013 to consider the Savona Preliminary Plat and continued discussion on the Preliminary Plat until its July 29, 2013 meeting; and WHEREAS, the Lake Elmo Planning Commission adopted a motion recommending approval of the Preliminary Plat; and WHEREAS, the City Council reviewed the Preliminary Plat request at its August 6, 2013 meeting and adopted Resolution No. 2013-064 approving the Preliminary Plat; and WHEREAS, said Resolution No. 2013-064 included Condition 19 as follows: No more than half of the residential units depicted on the preliminary plat (155) may be approved as part of a final plat until a second access is provided to the subdivision, either via a connection to Hudson Boulevard to the south, Inwood Avenue (CSAH 13) to the west, or back to Keats Avenue (CSAH 19) through the property to the north of Savona. WHEREAS, the City Council approved a Final Plat for Savona on February 18, 2014 and for Savona 2111 Addition on September 16, 2014, which will allow for the construction of 111 single-family and multi -family units: and WHEREAS, the Applicant has submitted a request to revise said condition to allow for the platting of lots in excess of the 155 units prior to the provision of a secondary access into the development. NOW, THEREFORE, based upon the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That platting activity in the area around Savona has occurred that will provide for a secondary access for Savona when 5th Street is constructed to the western property line as part of future development phases, ) That platting activity to the north will bring another secondary connection point to within 300 feet of the Savona boundary, 3) That the Applicant has consented to not allowing building permits beyond 155 total units until such time that a secondary access into the development is provided. CONCLUSIONS AND DECISION NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby amend Condition 19 of Resolution No. 2014-064 to read as follows: 19) A building permit may not be granted for more than half of the residential units depicted on the preliminary plat (155) until a second access is provided to the subdivision, either via a connection to Hudson Boulevard to the south, Inwood Avenue (CSAH 13) to the west, or back to Keats Avenue (CSAH 19) through the property north of Savona. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the approval of this amendment will subsequently amend Section 28 (L) of the development contracts for Savona and Savona 2nd Addition that reference Condition 19 of Resolution No. 2013-064 NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the approval •s amendment is conditioned upon the following: a) That the Applicant continue to plat and construct 5'1' Street as part of future project phases, and that this construction will, at a minimum, extend as far west as the westernmost lot to be platted in future phases. b) That all required utility improvements are completed to provide the level of service required by the City Engineer within Savon and Savona 2"d Addition, including, but not limited to, the extension of a water service line to Hudson Boulevard North. Passed and duly adopted this 24'1' day of February 2015 by the City Council of the City of Lake Elmo, Minnesota, ATTEST: Adam Bell, City Clerk Mike Pearson, Mayor 2 I Mr. Kyle Natt Community Development Director City ufLake Elmo RE: Savona Preliminary Plat Condition pyApproval #19 Hello Kyle, Per our recent discussions, one of the preliminary plat conditions (Condition #19) stipulates that "No more than half of the residential units depicted on the preliminary plat (155) may be approved as part of a final plat until a second access is provided to the subdivision, either via a connection to Hudson Boulevard to the south, Inwood Avenue ([SAH 13) to the west, or back to Keats Avenue (CASAH 19) through the property to the north of Savona." We respectfully request that this condition be amended to govern building permits, rather than platted lots. We understand the intent ofthis condition, and the fact that it was written when Lenna,was the only builder in the area at that time. Given the properties to the north and west are likely to be underway soon and secondary access isanticipated from both locations, modifying the condition toaccount for the number of building permits will result in still regulating overall unit count, which is what generates traffic to/from an area. We propose the condition be revised in the following manner: "A building permit may not be granted for more than half of the residential units depicted on the preliminary plat (155) until a second access is provided to the subdivision, either via a connection to Hudson Boulevard to the south. Inwood Avenue ([SAH l3)|othe west, or back to Keats Avenue (CSAH 19) through the property north of Savona." This will allow Lennar to continue platting and building homes (up to SU%) in Savona while these neighboring parcels begin developing. Please contact me with questions. Paul 1Tabune Land Entitlement K4gr Lennar Minnesota 16305 3Hh)Avenue N,Suite GO0oP1V[0Onth.MN 5544G N ` ����,C 4*1 F11A CITY OF LAKE ELMO AYOR & COUNCIL COM UNICATION DATE: February 24, 2015 REGULAR ITEM # 14 AGENDA ITEM: 3961 Street North: Street and Sanitary Sewer Improvements - Change Order No. 3 SUBMITTED BY: Chad Isakson, Project Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: Introduction/Staff Presentation Ci y Engineer 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 POLICY RECOMMENDER: Engineering. FISCAL IMPACT: $19,435.00. This change order increases the contract amount for the project by $19,435.00 bringing the revised construction contract to $1,921,082.80. With this change order the project remains within the authorized project budget and contingencies. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Change Order No. 3 for the 3961 Street North: Street and Sanitary Sewer Improvements, thereby increasing the contract amount by $19,435.00. The recommended motion for the action is as follows: "Move to approve Change Order No. 3 for the 39" Street North: Street and Sanitaiy Sewer improvements thereby increasing the contract amount by $19,435.00." page 1 -- City Council Meeting [Regular Agenda Item 141 February 24, 2015 LEGISLATIVE IIISTORY/BACKGROUND INFORMATION: This change order is being processed due to unforeseen subsurface conditions found by the Contractor in the trenchless installation of a 30-inch casing pipe within the Union Pacific Railroad Right -of -Way. An obstruction was encountered during the installation and the casing pipe could not be further advanced, in the opinion of the Contractor, utilizing the construction methods employed by the Contractor. The Contractor has therefore made a claim that differing or unusual subsurface conditions warrant a change in contract price in accordance with Section 4.03. The Contractor mobilized equipment and employed a ranuning method to hammer the pipe in an attempt to advance the pipe past the obstruction located at approximately Station 0+40 at the direction of the City. The cost for utilizing this method was a lump sum amount of 519,435.00. This was an option reviewed by all parties involved and determined to provide the best opportunity to get through the obstruction at the lowest cost incurred by the City. Unfortunately the attempt of ramming the existing 30-inch pipe in place did not work. Boulder and cobble obstructions in the soil caused the casing pipe to remain stuck in place. Options are currently being presented by the Contractor for City review to determine the most cost effective way to proceed with completing the crossing. Future costs are unknown at the moment, however it is expected that a larger casing pipe will need to be installed at a higher cost and it is expected that the higher cost will exceed the project's contingency budget. Staffs reconunendation on how to proceed will be presented to the Council for consideration at either the February 24, 2015 meeting or the March 3, 2015 meeting. RECOMMENDATION: Staff is recommending that the City Council consider approving Change Order No. 3 for the 39th Street North: Street and Sanitary Sewer Improvements, thereby increasing the contract amount by S 1 9,435.00. The recommended motion for the action is as follows: "Move to apprm'e Change Order No. 3 for the 39"' Street North: Street and Sanitary Sewer Improvements thereby increasing the contract amount by $19,435.00." ATTACI MENT(S): . Change Order No. 3 -- page 2 -- CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA 39TH ST N: STREET AND SANITARY SEWER IMP PROJECT NO. 2014.131 ENGINEERING, inc. CHANGE ORDER NO. 3 DATE: February 6, 2015 TO: GEISLINGER & SONS, INC, 511 CENTRAL AVE S, PO BOX 437, WATKINS, MINNESOTA 55389 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: This change order is being processed due to unforeseen subsurface conditions found by the Contractor in the trenchless installation of a 30- inch casing pipe within the Union Pacific Railroad Right -of -Way. An obstruction was encountered during the installation, and the casing pipe could not be further advanced, in the opinion of the Contractor, utilizing the construction methods employed by the Contractor. The Contractor has therefore made a claim that differing or unusual subsurface conditions warrant a change in contract price in accordance with Section 4.03, Contractor is requesting additional compensation in the lump sum amount of $19,435.00 to employ a ramming method to hammer the pipe in an attempt to advance the pipe past the obstruction located at approximately Station 0+40. This change order together with the contract unit price provides compensation in full for the railroad right-of-way pipe crossing as detailed in the plans and specifications for the project. Attachments (list documents supporting change): None ITEM DESCRIPTION OF PAY ITEM CO3-1 30-INCH CASING PIPE - PIPE HAMMER UNIT CITY UNIT PRICE INCREASE/(DECREASE) LS 1 519,435.00 $19,435.00 Amount of Original Contract Sum of Additions/Deductions approved to date (CO Nos. 1, 2) Contract Amount to date Amount of this Change Order (ADD) (0-E-94G-T) Revised Contract Amount The Contract Period for Final Completion will be (UNCHANGED) APPROVED BY ENGINEER: FOCUS Engineering, inc. s ENGINEER 2/6/2015 DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY DATE FOCUS Engineering, inc. NET CONTRACT CHANGE $19,435.00 1,760,458.80 141,189.00 1,901,647.80 19,435.00 1,921,082.80 (DECREASED) 0 days APPROVED BY CONTRACTOR BY DATE ao 1.5 CHANGE ORDER FORM LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AYOR & COUNCIL CO Amend City Facility Use Policy Mayor City Council City Administrator / City Clerk DATE: REGULAR ITEM #: UNICATION February 24, 2015 SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... .......... ...... ..... .................. Mayor Report/Presentation...............„ Administrator Questions from Council to Staff ..... Mayor Facilitates Call for Motion ..... ........... ..... Mayor & City Council Discussion ....... ..... Mayor & City Council Action on Motion..,..........................,...... ..... ....... ...... Mayor Facilitates POLICY RECCOMENDER: Mayor Mike Pearson FISCAL IMPACT: Negligible...cost of DVDs 15 SUMMARY AND ACTION REQUESTED: The City Council is asked to consider amending the City facility use policy to include a requirement that all statutorily created public bodies using the City of Lake Elmo facilities video record their proceedings in the interest of public transparency. The recommended motion is as follows: "Move to amend the City of Lake Elmo Public Facility Use Policy to include a provision that all statutory created public bodies and taxing authorities using the City's meeting facilities video record their proceedings in the interest of public transparency." BACKGROUND INFORMATION: In 2013, the City Council adopted the practice of recording all public meetings including but not limited to City Council, Commissions, Cornmittees and work groups that officially act on behalf of the residents of Lake Elmo via authority granted by state statutes. In 2014, the City acquired, via its cable franchise agreement, state of the art portable video equipment that extends the City's recording capabilities to parks, other municipal facilities, and the library. This policy would formalize and extend the video recording requirement for all non -city statutory public bodies and taxing authorities using City of Lake Elmo meeting facilities for the purpose of public transparency, Council education, and public information via broadcast on the -- page City Council Meetini! [Regulr.,.1goula Item 15] February 24, 2015 City's public access channel. UPDATE: The City Council discussed this item on 2/3/2015. The item was tabled so that Councilman Bloyer could participate in the discussion. The discussion also expanded to include a broader discussion about recording city meetings in general. The scope of this item only covers the recording of outside/non-city groups using city facilities. RECOMMENDATION: Based on the aforementioned, the Mayor recommends the following motion: "Move to amend the City of Lake Elmo Public Facility Use Policy to include a provision that all statatmy created public bodies and taxing authorities using the Citymeeting facilities video record their proceedings in the interest of public transparency." ATTACHMENT: City Facility Use Policy including proposed amendment language -- page 2 -- CITY OF LAKE ELMO CITY FACILITIES USE POLICY . Introduction City Facilities are operated by the City of Lake Elmo under the policy and guidelines established by thc Lake Elmo City Council. Purpose The purpose of this policy is to provide guidelines for the use of city facilities by non -city entities. Priorities for Use Meetings related to the administration and operation of city government, including but not limited to city council, commission and advisory board meetings, have first priority for use of the facilities so that city business may be conducted. The City reserves the right to preempt a non -city related use, when necessary, to conduct essential city business. The City reserves the right to cancel any and all reservations without providing any other accommodations in the event the City facilities are needed for municipal government purposes. 4. Reservation Procedures City facilities are available for reservations on the following days and times: Mondays through Fridays, 5:00PIVI to 9:OOPM City facilities are closed to rentals on Saturdays, Sundays and legal holidays 5. Building Access A front door key will be signed out by user at City Hall prior to city facility use and returned immediately thereafter in person or at the drop box at City Hall. Once inside the building, access will be limited to the reserved space, including public restrooms. 6. Law/Ordinance The user must comply with the laws of the State of Minnesota and City ordinances. The City has the right to terminate the use of the city facilities during any event or meeting if the user violates any state laws or city ordinances. 7. Prohibited Uses The following types of activities may not be held in any city facilities: commercial, for profit events such as sales solicitations or seminars for the purpose of selling products or services; religious services, prayer meetings or religious ceremonies; social events or private parties, including wedding ceremonies, birthday parties, family reunions and receptions; political party meetings or fund raisers. Smoking at any city facility is prohibited at all times. 9. Alcohol Alcohol at any city facility is prohibited at all times. 10. Damage Any damage to the facilities or equipment must be reported to the city clerk's office as soon as possible. The user will be responsible for the costs of any damages incurred or extra cleaning required. Users take full responsibility fbr their group's conduct and for any loss, breakage or damage to the rooms, equipment, or other city facility property. The 1 City of Lake Elmo reserves the right to assign supervisory staff or maintenance personnel, at an additional cost to the users, if deemed necessary by the particular function or activity. I 1. Liability The City of Lake Elmo is not liable for any loss, damage, injury or illness by the users of the facilities. Neither the City of Lake Elmo nor its employees can be held responsible for any items that are left at the facility by the user. 12. Clean -Up If a room has been rearranged by the user, it must he returned to its original condition. All trash and recycling must be picked up and put into receptacles. It is the responsibility of the user to leave the room in the condition in which it was provided. 13. Alterations No decorations, banners or signs can be taped, pinned or affixed to the walls„ ceilings or windows, 14. Kitchen The service kitchen is not designed for preparing food and may not be used for serving food that has been prepared offsite. User groups are responsible for providing their own utensils, serving ware, coffee and condiments. The use of this facility must he strictly adhered to for safety considerations. 15. Candles Candles are prohibited in all city facilities. 16. Gambling/Games of Chance Gambling is prohibited in all city facilities. 17. Telephone Usage The telephone in the room may be used for local calls. 1 8. Restricting Use Staff shall have the authority, subject to the appeal of the City Council, to prohibit or limit use of city facilities by a particular user/group based upon knowledge that the user/group has caused damage to other public facilities or when disruption, damage, theft or other unfavorable history is recorded from previous use of any city facilities. 19. No Discrimination The City of Lake Elmo is an equal opportunity employer and provider. The City does not discriminate or endorse based on race, religion, sex, age, national origin, or any other protected class under state or federal law. 20. Recording of activities In the interest of public transparency, all statutory created public bodies and taxing authorities using the City's meeting facilities are required to video record their proceedings. THE CITY OF LAKE ELMO MAYOR & COUNCIL CO UNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Recording City Meetings Councilmember Bloyer City Council City Administrator / City Clerk DATE: February 142015 REGULAR ITEM #: 16 SUGGESTED ORDER OF BUSINESS: introduction of Item ..... ........... ..... ...City Administrator Questions from Council to Staff ...... Mayor Facilitates Call for Motion ..,.... ....... & City Council Discussion ..... ........ Mavor & City Council Action on Mayor Facilitates POLICY RECCOMENDER: Council Member Bloyer FISCAL IMPACT: Negligible...cost of DVDs if reproduced for viewing SUMMARY AND ACTION REOUESTED: The City Council is asked to consider formally adopting a policy that all decision -making public bodies that are subject to the MN Open Meeting Law electronically record their proceedings in the interest of public transparency by taking the following action: Wove to adopt a policy ofall City of Lake Ehno public bodies subject to the Open Meeting Law be required to electronically record their proceedings in the interest of public transparency." BACKGROUND INFORMATION: Since 2013, the City has strived to implement the practice of electronically recording, via audio or video, all public meetings, including but not limited to the City Council, the Planning and Park Commissions, the Economic Development Authority, and the Human Resources, Finance, and Public Safety Committees. As these bodies are subject to the state Open Meeting Law (OML) and there is a public interest in the actions taken during the meetings, it is common for bodies such as these to record the proceedings; however, it is not statutorily required to do so. This policy would formalize the previously implemented practice of recording public meetings by all Lake Elmo decision -making authorities subject to the MN OML for the purpose of public -- page 1 -- City Council Meeting February 24, 2015 [Consent Agcncht Item /6/ transparency and engagement, Council education, and promoting public information. According to the League of Women Voters: The legal framework [that public sector entities operate}is one where unlike private entities, government entities are statutorily required to conduct their business through open, transparent processes to ensure that they are accountable to the citizenry. This modern practice of open government is viewed as both a key feature and a necessary condition of a contemporary democratic state. It is based upon the conviction that the people can only effectively exercise their constitutional role as overseers of government action where their unfettered rights of access to information about government operations are secure. Public transparency laws thus have been enacted throughout the United States at both the federal and state level for the purpose of maintaining free and open access to the government's proceedings, deliberations, decision -making and records. Such laws include sunshine or open meeting laws, which seek to ensure that the public may observe the meetings and deliberations of government bodies, and freedom of information or public record acts, which seek to ensure public access to the documents and records of govenmient. In Minnesota., the OML allows the public to make an audio or videotape of an open meeting if doing so does not have a significantly adverse impact on the order of the meeting. The city council may not prohibit dissemination or broadcast of the tape. [fa government entity makes a recording, the recording is a government record that must be kept in compliance with the city's record -retention policy. It must also be made available to the public if it contains public data. As mentioned above, there is no legal requirement to record the proceedings of open meetings. All closed meetings however, except meetings closed under the attorney -client privilege, must be electronically recorded at the city's expense. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. RECOMMENDATION: Based on the aforementioned, the Council is asked to formally adopt the policy of recording all public meetings by taking the following action: "Move to adopt a policy of all City of Lake Elmo public bodies subject to the Open Meeting Law be required to electronically record their proceedings in the interest of public transparency." -- page 2 -- TI IL CI IA Or LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: AY° & COUNCIL CO UN/CATION DATE: February 24, 2015 REGULAR ITEM # 17 Ramsey/Washington SCC - Comcast Transfer; Resolution No. 2015-11 Adam Bell, City Clerk Dean Zuleger, City Administrator Ramsey/Washington Suburban Cable Commission Executive Director Tim Finnerty Lake Elmo Cable Conunission Representative Ginny Holder SUGGESTED ORDER OF BUSINESS: Introduction of Item Clerk Report/Presentation.... ..... ....... ....,....................... ..... . Tim Finnerty Questions from Council to Staff Mayor Facilitates Call for Motion ................................ .......... ..................... Mayor & City Council Discussion...........,....,..... ............ Mayor & City Council Action on Mayor Facilitates POLICY RECOMMENDER: Ramsey/Washington Suburban Cable Commission FISCAL IMPACT: Any potential fiscal impact is unknown at this time. SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to approve Resolution No. 2015-011, A Resolution Conditionally Granting The Consent To The Transfer Of Control Of The Cable Television Franchisee And Cable Television System From Comcast Corporation To Greatland Connections, Inc. by taking the following action: "Move to approve Resolution No. 2015-11 conditionally approving the Cornetist trans er." LEGISLATIVE HISTORY: As part of the Time Warner/Comcast merger, Comcast plans to spin off the cable systems in the Twin Cities area to a new company, Midwest Cable, operating as GreatLand Communications, and apparently most of the day-to-day operations of the company will actually be handled by Charter Communications. The companies have requested approval of this from the Cable Commission and its member municipalities. -- page 1 -- City Council Meeting [Regular .-igendu Item I 7] February 24, 2015 For more detail and information on the proposed transfer RAN/SCC Executive Director Tim Finnerty will be available for questions at the meeting. Please also refer to the attached R/WSCC transfer memo, BACKGROUND INFORMATION (SWOTt. Strengths The R/WSCC has taken great care in drafting conditions for approval that protect Lake Elmo residents and customers, including extension of Comcast service to the Sanctuary neighborhood. Weaknesses Neither Comcast or Midwest/GreatLand have provided information requested by the communities that would allow for a full review of the transaction. The information that is available — largely, information that was contained in SEC filings — suggests that Midwest/GreatLand's ability to provide adequate service, meet local needs, and correct past performance issues is questionable. Essentially, the consultants suggest that in the initial years, the company will have negative cash flow, and few options for obtaining the credit required to invest in communities in the Twin Cities area. The merger may create bankruptcy risks. Much of the day-to-day operation of the cable system will be handled by Charter Communications. Charter has a very bad customer service reputation. According to J.D. Power, in the North Central Region, Charter ranks below Comcast in customer service ratings http://www. idnower,com/oress-releases/2014-us-residential-television-internet7 telephone-service-nrovider-satisfaction (in other parts of the country, Charter ranks just above Corricast). lt is not clear that Midwest/GreatLand will have any real ability to ensure that customer service is adequate. Opportunities This situation provides an opportunity to consider the current franchise agreement and Lake Elmo's status in R/WSCC. Threats There may be significant transitional service issues that affect consumers, and the companies have yet to provide any meaningful information that addresses the transitional issues adequately. The transfer may require significant increases in rates, or reductions in customer service or capital investment. Comcast and Midwest/GreatLand could sue communities that deny the transfer if they believe that the transfer was unreasonably denied. RECOMMENDATION: Based on the aforementioned, the staff recommends the following motion: "Move to approve Resolution No. 2015-11 conditionally approl'ii:g tlze Comcast transfer." ATTACHMENTS: 1. RAVSCC Comcast Transfer Memo 2. Transfer Agreement 3 , Guarantees 4, Resolution No. 2015-11, A Resolution Conditionally Granting The Consent To The Transfer Of Control Of The Cable Television Franchisee And Cable Television System From Comcast Corporation To Greatland Comtections, Inc. page 2 -- 1. OVERVIEW -TIMING As part of the Time VVarner/Comcast merger, Comcast plans to spin off the cable systems in the Twin Cities area to a new company, Midwest Cable, operating asGreatLand Communications, and apparently most of the day-to-day operations of the company will actually be handled by Charter Communications, The companies have requested approval of this from the Cable Commission and its member municipalities, Absent a further extension, in order to protect their rights to review the proposed spin-off of the cable system from Comcasttm Midwest/GreatLand, the member municipalities of the Commission must act to grant, deny orcondition the transfer onorbefore the end of February 2015. To meet that deadline, the Commission adopted recommendations with respect to the transfer at its February 13 meeting, and those recommendations have been forwarded to member municipalities for final action. Consultants retained by the Commission (Front Range Consulting and Ashpaugh &Scu)oz) conducted an analysis and created recommendations for consideration and prepared resolutions that can be adopted by the communities either granting or denying the transfer, or granting subject to conditions. The Cable Commission has sent to each of its member municipalities its recommendations asto what action should he Laken on the transfer, III HOW YOU SHOULD PREPARE First, this matter needs to be scheduled on your City Council agenda at a meeting in the required timeframe. Second, each community may receive visits from GreatLand and [omcasrarguing: * They've already received most ofthe necessary approvals ° [omcasthas been agood corporate citizen, and GneatLand isready tobeagood corporate citizen ° This should all be decided in Washington, D,[. ° If your community stands in the way of the transaction, there will be hell to pay (stated in a little nicer way). Third, in anticipation of possible visits from GreatLand and/or[omcast, here are key points to know: * Each of the localities has the right to review the transaction. It is not just o Washington issue. w In tact, under federal law, local review is a critical part of the merger approval process, A locality issupposed to address non-compliance issues as part o[any transfer, There are known non-compliance issues in the areas of customer service; safety code compliance; and rates and charges. There isatemporary resolution of issues regarding compliance with existing franchise requirements for high definition channels, but that temporary resolution will expire soon, Failure to address these issues may result in a loss of rights in the ongoing renewal proceeding. w In addition, the communities are all in the midst of the cable renewal process. We know that there are significant issues regarding system build -out (to service some areas ofthe community) as well as continued adequate support for PEG and the lNET. If Midwest/GreatLand does not have adequate resources to address these issues, or if you don't have agreements in place that address these issues, the communities may find themselves losing significant dollar support for PEG and for the l0ET. • The initial analysis performed by consultants retained by the communities is expected to show that there are substantial questions about the viability of[omcast/GreatLand. * Other communities have denied, or moved to deny all or a portion of the [omcasL/Time Warner merger, and press reports indicate that the company has responded by resolving disputes with those communihes, and addressing concerns similar to those identified above. Fourth, constituents or policy makers may want to know what happens if community denies a If community denies, then Comcast should retain control of the system until and unless the community and [omcastagree onterms for approval. That does not mean the transaction asawhole is stopped, [nmcastcan close the deal with Midvvest/GreatLand in communities that approve the deal, and would likely du so in other areas of the country. If[nmcast does transfer, Mid*est/GreatLand and [omcast may be subject to significant liquidated damages. [umcost and Midwest/GreatLand could sue communities that deny the transfer if they believe that the transfer was unreasonably denied. But they are more likely toattempt bo resolve disputes with the communities as an initial mattec It is quite possible that there will be substantial grounds for And fifth, folks might want to know what other communities in the Twin Cities region are doing. Some communities will approve the transaction as part of a settlement of franchise issues. The North Suburban communities are an example, where the existing franchise is being extended, But others are in the same position as you, and we expect decisions to be made early next year. III. DETAIL - CONCERNS ABOUT THE TRANSACTION The consultants reported the following: ~ Neither ComcastorMidvvestXGreatLand have provided information requested by the communities that would aUuvv for a full review of the transaction. ° The information that isavailable - largely, information that was contained in SEC filings - suggests that Midwest/GreotLand'sability to provide adequate service, meet local needs, and correct past performance issues is questionab|e. Essentially, the consultants suggest that in the initial years, the company will have negative cash Mow, and few options for obtaining the credit required to invest in communities in the Twin Cities area. The merger may create bankruptcy risks. ° Much of the day-to-day operation of the cable system will be handled by Charter Communications. Charter has a very bad customer service reputation. According to].D. Power, in the North Central Region, Charter ranks below [omcastin customer service ratingshttp://wvvwjdpower.com/press-re|eascs/2Dl4'us nesidenda|'te|evision-internet' te|eohone-service'pnovider'sahshacbnn (in other parts of the country, Char -ter ranks just aboveComcasL). It is not clear that MidwesVGreatLand will have any real ability to ensure that customer service isadequate ^ There may be significant transitional service issues that affect consumers, and the companies have yet to provide any meaningful information that addresses the transitional issues adequately. * The transfer may require significant increases in rates, or reductions in customer service or capital investment, This suggests that there may be the following grounds for denying the transfer, with leave tothe companies to seek approval at a later date if the concerns are addressed: * The failure tocooperate inthe transfer review w The failure to show that Midwest/GreatLand are in a position to perform now or meet future needs ° The failure toaddress and resolve past performance issues The potential negative effect of the transaction on competition in the provision of cable services (as the region becomes more concentrated, and with Charter's interest in the system, the transaction makes it less likely that competition will develop). [enturyLinkhas raised concerns about these effects atthe FCC, and those concerns may also be considered locally. TRANSFER AGREEMENT BETWEEN AND AMONG THE MEMBERS OF THE RAMSEY WASHINGTON SUBURBAN CABLE COMMISSION, COMCAST OF MINNESOTA, INC. AND MIDWEST CABLE, INC. WHEREAS, Comcast of Minnesota, Inc., ("Franchisee") operates a cable television system (the "System") in communities which are members of the Ramsey/Washington Suburban Cable Commission (RWSCC) pursuant to a franchise to which the City of Birchwood Village, the City of Dellwood, the City of Grant, the City of Lake Elmo, the City of Mahtomedi, the City of Maplewood, the City of North St. Paul, the City of Oakdale, the City of Vadnais Heights, the City of White Bear Lake, White Bear Township and the City of Willemie, Minnesota, are parties (each community is a "Franchisor"); a March 9, 1995 Memorandum of Understanding; and the April 10, 2014 Settlement Agreement (the "Franchise Documents"); and WHEREAS, the existing franchise agreement dated November 29, 1999, expired on November 28, 2014; and WHEREAS, the Franchise requires the Franchisor's prior consent to a sale or transfer of stock so as to create a new controlling interest under Minnesota Statutes 238.083; and WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly -owned subsidiary of Comcast Corporation ("Comcast"); and WHEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to divest and transfer the Franchisee, following its conversion to a limited liability company, and Cable System to Midwest Cable, Inc., in a process described in the Transfer Application (the "Proposed Transaction"); and WHEREAS, immediately following the closing of the Proposed Transaction, Midwest Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this Resolution, the transfer applicant will be referred to as "GreatLand" throughout; and WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the RWSCC on June 18, 2014, together with certain attached materials, which documents more fully describe the Proposed Transaction and which documents, with their attachments, contain certain promises, conditions, representations and warranties (the "Transfer Application"); and WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the Franchisee and the System will change, and it requires the prior written approval of the Franchisor; and WHEREAS, Comcast, through its subsidiaries, provided written responses to some of the data requests issued by the Franchisor or by the RWSCC, including directing the representatives of the Franchisor to publicly filed and available information, and information posted to Comcast Corporation and other websites (the "Data Request Responses"); and WHEREAS, the Franchisee has agreed it will continue to he responsible for all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) franchise renewal, and Franchisee agrees that it will continue to be so responsible. WHEREAS, the parties have reached agreement on other tenns and conditions under which the Application may be approved, subject to and in reliance upon the representations made by and on behalf of Comcast of Minnesota, Inc, Comcast, and GreatLand to the Franchisor, RWSCC and their representatives. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section I. This Agreement shall only be effective as to those communities which grant the Transfer Application in a form substantially similar to the attached to this Agreement. This Agreement shall be dated February 15, 2015 for purposes of identification. Section 2. The parties agree: a) The Franchise is extended through and including July 1, 2018. b) Paragraph 10 of the "Settlement Agreement Regarding PEG Capacity" is amended so that the reference to January 1, 2016 is changed to July 1, 2018. c) Paragraph 2 of the "Settlement Agreement Regarding PEG Capacity" is amended to read as follows: "Comcast will make available a second HD PEG channel conditioned upon the Commission affirming in writing that it has ready and available a minimum of 100 hours of locally produced HD content that has not been carried on the existing HD channel. On or after January 1, 2017. the Commission may request the launch of a third HD PEG channel in exchange for the discontinuance of one (1) standard definition PEG channels of the Commission's choosing. The Commission shall affirm in writing that it has ready and available sufficient locally produced HD PEG programming not already carried on the other two HD PEG channels so as to be able to program at least 6 hours per day with non -character generated HD PEG programming. Franchisee will correct any safety code issues identified to it by the Commission as of January 31, 2015 and identify the results of its work to the Commission. Comcast will complete this review and the corrective actions by March 31, 2015. e) Franchisee has been in discussions with Lake Elmo and will promptly reach agreement on the timing and details of a Comcast line extension of its system without charge to the customers or Franchisor, without regard to whether density requirements in the Franchise are satisfied, as to The Sanctuary Development in Lake Elmo. Further, Comcast will promptly commence discussions with Grant regarding the timing of line extensions along the following routes which extension shall also be made without charge to customers or Franchisor, without regard to whether density requirements in the Franchise are satisfied: 105'1' Street between Jamaica Av N and Inwood Av N; and Ellwood Av N between 105'1' St and 110'1' Street. Absent a finding of unusual costs, construction shall commence in a reasonable time period. Franchisee may continue to charge for drop costs for drops Transfer Agreement 2 whose length from the nearest right of way to the customer premises exceed standard installations, as provided in the Franchise. Franchisee will pay Commission $15,000 in connection with issues surrounding the transfer application. This amount is not and may not be treated as a franchise fee. g) Franchisee shall pay the Commission $47,610.16 in past -due franchise fees and penalties arising out of a review it conducted of its allocation of revenues from its HD Service Bundles and the omission of the HD Technology Fee from the revenue allocations in certain of those packages from 2012 through 2014. This payment will be made within 30 days of the approval of effective date of this agreement. h) GreatLand warrants that nothing about the Transition Services Agreement with Comcast or thc Charter Services Agreement, including the 4.25% fee thereunder, or the relationships created by those agreements, shall be used to reduce the franchise fees otherwise due under the Franchise Documents for cable services provided in any RWSCC community, such that franchise fees cannot be evaded by virtue of those agreements. Within 30 days after closing the Proposed Transaction, GreatLand shall provide a copy of the Charter Services Agreement and Comcast Transition Agreement, subject to reasonable confidentiality protections as necessary. i) GreatLand and Franchisee warrant that for so long as (1) Franchisee is under the ultimate control of GreatLand and (2) the current franchise agreement remains in effect, Franchisee will continue the same franchise fee offset practices as have been followed by the Franchisee during the fourth quarter of 2014. Should a Franchisor grant a competing cable service or video service franchise that is not subject to franchise fee offset limitations as specified herein, this Section 1.9 shall terminate on the date of such franchise grant as to such Franchisor. GreatLand assures that it will cause to be made available adequate financial resources to allow Franchisee to meet its obligations under the Franchise, including without limitation, customer service standards in the franchise and under federal law, build out obligation, PEG funding, and all other financial obligations in the Franchise. k) Each Franchisor is only approving the transfer of control to Midwest Cable, Inc. No other transaction is approved, and any other transaction that is subject to approval under the franchise or cable ordinance, whether or not contemplated in the application, shall require Franchisor approval. 1) Each Franchisor's approval of the Transfer Application is made without prejudice to, or waiver of, its and/or the Franchisor's right to fully investigate and consider during any future franchise renewal process: (i) Franchisee's financial, technical, and legal qualifications; (ii) Franchisee's and Franchisee's compliance with the Franchise; and (iii) any other lawful, relevant considerations. m) Each Franchisor's approval of the Transfer Application is made without prejudice to, or waiver of, any right of the Franchisor to consider or raise claims based on Franchisee's or Franchisee's defaults, any failure to provide reasonable service in light of the community's needs, or any failure to comply with the teens and conditions of the Franchise Documents, or with applicable law. Transfer Agreement 3 n) Each Franchisor waives none of its rights with respect to the Franchisee's compliance with the tenns, conditions, requirements and obligations set forth in the Franchise and in applicable law. A Franchisor's approval of the Transfer Application shall in no way be deemed a representation by the Franchisor that the Franchisee is in compliance with all of its obligations under the Franchise and applicable law. GreatLand warrants that Franchisee will be able to comply with all the terms and conditions of those agreements, including provisions requiring production of documents, maintenance of records and system monitoring. o) After the Proposed Transaction, GreatLand and Franchisee will be bound by all the commitments, duties, and obligations, present and continuing, embodied in the Franchise Documents and applicable law. The Proposed Transaction will have no effect on these obligations. Likewise, the Proposed Transaction will have no effect on any other agreement with any Franchisor or RWSCC now in force or which must be accepted as a condition of the approval hereunder. p) GreatLand shall provide an executed written certification in the forin attached hereto within thirty (30) days after consummation of the Proposed Transaction, guarantying the full performance of the Franchisee. GreatLand shall provide the Commission with written notification that the Proposed Transaction closed within ten (10) days after the closing; q) GreatLand will comply with any and all conditions or requirements applicable to GreatLand set forth in all approvals granted by federal agencies with respect to the Proposed Transaction and Transfer Application, however nothing in this paragraph is intended to create or grant any Franchisor or the Commission authority to enforce the conditions that it would not otherwise have. r) GreatLand shall provide a written guarantee in the form attached hereto within thirty (30) days of consummation of the Proposed Transaction specifying that subscriber rates and charges in the Franchise area will not increase or services be reduced as a result of the costs of the Proposed Transaction. GreatLand's current projections do not require it to increase cable rates, or decrease cable services, in order to perform its obligations under the Franchise Documents, other than those changes made in the ordinary course of business. It will not contend that Franchisee is entitled to any relief from obligations (under the Cable Act's commercially impracticable standard or otherwise) based on the failure of any financial assumption related to the Proposed Transaction to materialize. s) After the Proposed Transaction is consummated. GreatLand and Franchisee will continue to be responsible for all past acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) Franchise renewal to the same extent and in the same manner as before the Proposed Transaction. t) Except as specifically provided herein, nothing in this Agreement amends or alters the Franchise Documents or any requirements therein or in any agreement between Franchisor and Franchisee in any way, and all provisions of the same remain in full force and effect and are enforceable in accordance with their terms. Transfer Agreement 4 u) The Proposed Transaction shall not permit GreatLand and Franchisee to take any position or exercise any right with respect to the Franchise and the relationship thereby established with a Franchisor or the Commission that could not have been exercised prior to the Proposed Transaction. v) Approval is conditioned upon receipt of any and all state and federal approvals and authorizations required for the Proposed Transaction. w) The terms and conditions on which the Proposed Transaction closes may not be materially- different from the teens and conditions presented to Franchisor as part of the Form 394 application, as amended by subsequent information and representations provided to or made available to the Franchisor directly or by identified public links to such in form ati on. x) Approval of the transfer does not constitute an endorsement of any of the terms of the Charter Service Agreement or Transition Services Agreement, and the same do not excuse performance under the Franchise Documents. y) In the event GreatLand were to file for Bankruptcy, GreatLand acknowledges that PEG fees and franchise fees are administrative priority claims, and each Franchisor shall have all of the protections available to the maximum extent allowed under federal bankruptcy law to the continued performance by Franchisee under the Franchise, including the payment of franchise fees and the right to review and approve any transfer or change in control over the Franchisee. Section 3. if any of the conditions or requirements specified in this Agreement are not satisfied, such failure shall be deemed a material breach of the Franchise Documents and applicable law, and subject to revocation and other remedies contained in the Franchise Documents and applicable law. Section 4, If any of the written representations made to the Franchisor or its representatives in the Transfer Application proceeding by (i) Franchisee, (ii) Comcast or (iii) GreatLand, (iv) any subsidiary or representative of the foregoing prove to be materially incotnplete, untrue or inaccurate in any material respect, it shall be deemed a material breach of the Franchise Documents and applicable law, and subject to revocation and to other remedies contained in the Franchise Documents and applicable law. Section 5. This agreement shall be governed by the laws of Minnesota. Section 6. This agreement is binding on each party's successors and assigns. Section 7. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Transfer Agreement Midwest Cable, Inc. City of Mahtomedi By: By: Name: Name: Title: Title: Date: Date: Comcast of Minnesota, Inc. City of Maplewood By: By: Name: Name: Title: Title: Date: Date: City of Birchwood Village City of North St. Paul By: By: Name: Name: Title: -Title: Date: Date: City of Dellwood City of Oakdale By: By: Name: Name: Title: Title: Date: Date: City of Grant City of Vadnais Heights By: By: Name: Name: Title: Title: Date: Date: City of Lake Elnio City of White Bear Lake By: By: Name: Name: Title: Title: Date: Date: White Bear Township By: Name: Title: Date: Transfer Agreement City of Willernie By: Name: Title: Date: 6 Attachment 1 Form of Guaranty of Performance GUARANTY OF PERFORMANCE GreatLand Connections, Inc., as the ultimate parent entity of Comcast of Minnesota, LLC, the Franchisee, upon closing of the proposed transaction (as defined in Resolution No. ) certifies that it has sufficient financial resources and will at all times make available all necessary financial resources to ensure that the Franchisee has the capability to operate and maintain the System in accordance with the Franchise and applicable laws, regulations codes and standards, and to fully comply at all times with the Franchise, and applicable laws, regulations, codes and standards and guarantees such performance. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee. EXECUTED as of GreatLand Connections, Inc. By: Name: Title: Address: Transfer Agreement 7 Attachment 2 Form of Guaranty RegardRates GUARANTY REGARDING RATES GreatLand Connections, [nc., upon closing of the proposed transaction (as defined in Resolution No. ), guarantees that rates and charges for cable service offered by Comcast of Minnesota, LLC, the Franchisee in the Franchisor, will not increase as a result of the cost of the proposed transaction. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee, Comcast of Minnesota, LLC. EXECUTED as of GreatLand Connections, Inc., By: Name: Title: Address: RESOLUTION NO. 201.5-11 A RESOLUTION CONDITIONALLY GRANTING THE CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISEE AND CABLE TELEVISION SYSTEM FROM COMCAST CORPORATION TO GREATLAND CONNECTIONS, INC. WHEREAS, Lake Elmo, Minnesota, ("Franchisor") is a Municipal Corporation; and WHEREAS, Comcast of Minnesota, Inc., ("Franchisee") operates a cable television system (the "System") in Lake Elmo, pursuant to a franchise agreement, a March 9, 1995 Memorandum of Understanding, and the April 10, 2014 Settlement Agreement (the "Franchise Documents"); and WHEREAS, the existing-hise agreement dated November 29, 1999, expired on November 28, 2014; and WHEREAS, Section 10.5 of the Franchise requires the Franchisor's prior consent to a sale or transfer of stock so as to create a new controlling interest under Minnesota Statutes 238.083; and WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly -owned subsidiary of Comcast Corporation ("Comcast"); and WHEREAS. Comcast, as the ultimate parent corporation of Franchisee, has agreed to divest and transfer the Franchisee, following its conversion to a limited liability company, and Cable System to Midwest Cable, Inc., in a process described in the Transfer Application (the "Proposed Transaction"); and WHEREAS, immediately following the closing of the Proposed Transaction, Midwest Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this Resolution, the transfer applicant will be referred to as "GreatLand" throughout; and WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the Franchisor on June 18, 2014, together with certain attached materials, which documents more fully describe the Proposed Transaction and which documents, with their attachments, contain certain promises, conditions, representations and warranties (the "Transfer Application"); and WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the Franchisee and the System will change, and it requires the prior written approval of the Franchisor and WHEREAS, Comcast, through its subsidiaries, provided written responses to some of the data requests issued by the Franchisor or by the Ramsey Washington Suburban Cable Commission, including directing the representatives of the Franchisor to publicly filed and Transfer Ageement 9 available information, and information posted to Comcast Corporation and other websites (the "Data Request Responses"); and WHEREAS, Franchisee and GreatLand have signed a Transfer Agreement, dated for purposes of identification February 15, 2015, (the "Transfer Agreement") binding on each of them, which sets forth certain agreements, guaranties, warrantied and conditions; WHEREAS, based on that agreement, and in reliance upon the representations made by and on behalf of Comcast of Minnesota, Inc, Comcast, and GreatLand, to the Franchisor, RWSCC recommended, and Franchisor is willing to grant consent to the Proposed Transaction, so long as those representations are complete and accurate and the agreement becomes fully en forceable; and WHEREAS, subject to the foregoing, the Franchisor's approval of the Proposed Transaction is therefore appropriate if the Franchisee will continue to be responsible for all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) franchise renewal, and Franchisee has agreed that it will continue to be so responsible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LAKE ELMO AS FOLLOWS: Section 1. The Mayor or City Administrator are authorized to sign that certain Transfer Agreement on behalf of Franchisor Section 2. The Franchisor's consent to and approval of the Transfer Application is hereby GRANTED in accordance with the Franchise, subject to the terms and conditions of the Transfer Agreement. Section 3. This Resolution shall not be construed to grant or imply the Franchisor's consent to any other transfer or assignment of the Franchise or any other transaction that may require the Franchisor's consent under the Franchise Ordinances or applicable law. The Franchisor reserves all its rights with regard to any such transactions. Section 4. This Resolution is a final decision on the Transfer Application within the meaning of 47 U.S,C. § 537. Section 5. The transfer of control of the Franchisee and Franchisee from Comcast to GreatLand shall not take effect until the consummation of the Proposed Transaction. Passed and duly adopted this 24`h day of February 2015 by the City Council of the City of Lake Elmo, Minnesota. ATTEST: Adam Bell, City Clerk Transfer Ag,reement 10 Mike Pearson, Mayor (Tr', ,11 1 E AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: February /4. 2015 REGULAR ITEM # 18-FISCAL IMPACT Financial Planning Services Agreement Cathy Bendel, Finance Director Dean Zuleger. City Administrator Adam Bell, Assistant City Administrator/City Clerk SUGGESTED ORDER OF BUSINESS:. Introduction of Item ....................... ..... City Administrator Report/Presentation.............. .......... Administrator Questions from Council to Staff Mayor Facilitates Call for Motion ........ ....... ....... ..... ...................... Mayor & City Council Discussion......„......................... ...... ...... ..... ................ Mayor & City Council Action on Motion........ ..... ....................................... ..... ........... Mayor Facilitates POLICY RECOMMENDER: Finance Director FISCALIMpACT: $5.000.00; unbudgeted expense. SUMMARY AND ACTION REOUESTED: At the request of the Mayor, the Finance Department has been asked to seek an independent Financial analysis specific to the City of Lake Elmo Enterprise Funds and the impact that Growth will have upon those funds. In addition, it is requested to outline the potential' impact to taxpayers. The City Council is requested to approve entering into a consulting agreement to have those services provided as soon as possible. BACKGROUND INFORMATION (SWOT1: In 2012, the City of Lake Elmo entered into a contract with Northland Securities to provide Financial Plannimr, Services/Analysis. specific to the Enterprise Funds. A detailed report was prepared and presented to the Lake Elmo City Council on February 28. 2013. (Copy attached). Since that time, the City Finance Committee and Finance Department have developed an extensive replacement model which has grown into a very cumbersome tool. With the downtown project recently having received municipal consent approval to proceed. sufficient analysis needs to be provided to the Council to clearly understand the impacts of various components of expansion and build outs and their impact on the Enterprise funds, individually and as a whole, as well as any impact to the taxpayers (General Fund). --Nue 1 -- City Council Meeting [Regular Agenda hem /Si February 24, 2015 The project scope would include the following: An independent review of the City Finance Committee's Pro Forma Model A specific financing plan for storm water projects that includes financing through a combination of using 20% of the Storm Water Utility fund balance and the balance financed through general property tax revenue The creation of a special storm water district in the downtown and an overview of specific functionality Identify the pace of growth needed to cash flow the enterprise funds Identify the earliest possible year that the water rates could be lowered and the impact that doing so may have upon the water conservation initiative in the market place Strengths An independent analysis will provide the Council with a clear picture of the impact to the funds and will remove any bias at all levels of review. An independent analyst will provide viewpoints that mightrnight not otherwise be discussed. Weaknesses An RFP would be the typical way to handle; however with the Downtown project very close. time is of the essence. With Northland as our bonding agent and EDA advisor, there may be a perception of bias. Opportunities With Northland as our bonding agent and EDA advisor. Northland is very familiar with Lake Elmo and the planned growth to date and envisioned for the future, thereby being best situated to provide advice to the Council. Having prepared a similar analysis in 2012/2013. this option appears to be the most timely alternative for producing results for Council. Threats There are no identified threats. RECOMMENDATION: The City Council is requested to approve the attached Financial Planning Agreement between the City of Lake Elmo and Northland Securities for an amount not to exceed $5,000 for the purpose of providing Financial Analysis to the City of Lake Elmo. "Move to approve hiring Northland Securities Inc. to provide Financial Analysis Services to the City of Lake Elmo Or an amount not to exceed S5.000.00". ATTACHMENT: I) Northland Strategies Special Project Group report dated February 28, 2013 2) Northland Securities Financial Planning/Analysis Agreement page 2 -- C S 2013 EP RT As of February 28, 2013 NORTHLANDSTRATEGIES Special Projects Group The ioformotiopreseptedin the fepori isitodedsoleliforfirloociolplooig purposes, Nolthlopd Sea') rifles is tiol prouidiq oduice ol1e kip; terms, structure or similormulters related to soecificbopd issue, ~ Letter ofTransmittal Executive Summary StudyAppmoch... ........... ...... --........... ........ ....... —................ —_-------.-------'l {bndodomfrom Study-- ................. _------'.—._'--'---'--_----'---1 Organization ofthe Report —'----'...... _...... —_----__—_....... —_---...... 2 Usingthe Repon—'...... ---........ _—............. ---'----'—_—'__........ ._--3 Background Water__---...... '--....... ____ ...... -----'-----------'----'`--'--- SanitarySewe/—... '—...... —...... .......... .............. _---............... --------.----_'—'-4 StormSewe, —..... ____ ........ --'...... --------------'-------'----_._'-4 Capital Improvement Plan Capital Improvement Prnjeos—'—............. _....... ----_------_----_.......... 5 Sourceo/Funding ... ........... ...... ---....... —....... --............. '--........ '--_----...... .5 DebtSp,vice '—... —'---�~--____ ........ ------'-------'_'_--_-5 Capita | Improvement Plan VVa er---.......... —.... ..... ......... ................. —_—'-------7 Capital Improvement Plan Sanitary Sewer ... ... .... —........ ....... '---'—_—'—....... '8 Debt Service Summary Years ZOl7tn202l—... ---............. --......... '--'—_'--~'-9 Water Fund Future Debt Service— .... ....... -----........ _---.'----_---~--'--l0 Sanitary Sewer Fund - Future Debt 5c,,ke--- --.---_ll Combined Water and Sanitary Sewer Debt Service Years 20l2to2035..... --'--'---l2 Outstanding Debt Obligations Estimated for Future Years —_............ -----_--~—l3 Utility Rates KeyFactors --'--_'_—'---_`_-----............... '—_..................... _----_--l4 Annual Operating Expenditures, ..... '--_---'—'—_................ ~---_... ... ..... 11 Metropolitan Council Environmental ------.'--'_---'---_ Annual Capital Exppnd)tues... ----'----'---....... --'----............. .--.l4 Debt Service—_____.... � —'_'--'---15 Growth inCustomers, ..... ...... ..... --..... —_---_-----....... --.--__.... l5 Available Other Revenue Sources ... —_--'--'----'_—_—'_-----.-------l5 Future Utility Rates._— ...... ---........ —_—_'....... --___'—___...... 'l6 Projected Volumes of Water Sold and Sanitary Sewer BU|ed.—'..... --_--------l8 Table ofPrior Years Utility Rates (2007-20/l)-------__'--'—__—_---... l8 Table ofProjected Future Utility HaVs—.............. ___ ....... '----__—'---....... --l9 Table ofProjected Volumes ofWater Sold and Sanitary Sewer Billed —....... ------_2O Chart ofProjected Volumes nfWater Sold ..... ___ ...... ..... .......... --_--_—.----2l Financial Plans ]2 Key Assumptions. ..... —'_—................ -----__—__—,-----__--_--.... Z2 Water Fund 4 6 14 Contents � Sanitary Sewer Fund .... —' 24 Storm Sewer Fund-- ..... '—...... _---_--'_—.--_----_~....... —~........ Z5 Appendix Water Fund Projected Cash Ba|ances—... --.---_—....... —.......... —'—'_--'—..... 26 Sanitary Sewer Fund Projected Cash Balances ... __--------'-----'—_---... Z7 Storm Sewer Fund Projected Cash Balances .... --- ...... _------........ ---..... —'.28 Water Fund SOunesand Uses '—... --.... ..... ........ --- ....... —._-----... ... ---.... 29 Sanitary Sewer Fund Sources and Uses _—....... Storm Sewer Fund Sources and Uses _---_—_'----'---...... ---.--'---]l Example Residential Water and Sanitary Sewer 8iU'—... .'_--.---._------5Z Example Commercial Water and Sanitary Sewer Bill ... '_~_--------...... --']3 Comparison of Estimated Utility Bill to Other Cities ... —.... ... ------............... —'—]4 Projected Growth in Units from Land Development .... .... ......... '----_—_—_--}5 26 ii NORTHLAND February 2S, 2013 Dean Zuleger City Administrator Lake Elmo City Hall 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: Updated Financial Management Plan for City Utility Funds Dear Dean: SECURITIES Northland Securities, Inc. is pleased to present you with an update to the 2012 Financial Management Plan for City Utility Funds. Northland was hired for financial planning services for utility system user charges and rates. Services include performing a utility rate analysis for the kVater, Sanitary Sewer, and Storm Water Utility Systems of the City of Lake Elmo. The analysis and report includes a review of the past financial performance, projected growth in residential equivalent connections, determines the adequacy of current revenues, and provides recommendation on future rates which reflect projected future expense and capital outlay. We appreciate the opportunity to work with the City of Lake Elmo. Sincerely, Tammy Oindal Manager of Northland Strategies/Senior Vice President 4 5011111 7m Street..guilc 2001), Nlinneapolis, MN 5344)2 N4airr (612) 851-59011/ Direct: (612) 851-49'l2 / Email: rfirielcEmortlilamisecurities.rom Mrymber F11\114A and '11EC 111 ow.wwhwe EXECUTIVE SUMMARY LYLvdua u ue uumuumu waliwwwww,.11....44.......011001081119,........., The report is presented as an update to the October 2, 2012 Financial !Management Plan for Water, Sanitary Sewer, and Storm Water presented to the Lake Elmo City Council. The City requested an update to the 2012 Report to consider the Financial impact of revised growth projections for the City. The report and Financial management plan is intended to serve as a guide for the financial management of the City's utility services. The report contains information on capital improvement plans to increase capacity of the utility systems, estimated future utility rates need- ed to support operations and capital improvement plans, and multi -year Financial plans for each of the three utility funds that includes projected sources and uses of funds and estimated cash balances by year. The financial plans included in the report are built around identified key assumptions, including growth projections, cost drivers, and projected utility rates. 'To the extent the assumptions in the report change in the months and years ahead, which they will, the City will need to continue to adjust its financial plans accord- ingly, Study Approach The report was prepared by Northland Securities. The following steps were taken as part of the study pro- cess: • City provided information on historical spending and revenues, volume of wa te r sold by different tiers and customer, capital improvement plans, and prior years budget information. • City provided information on projected growth from Future residential and commercial develop- ment. • Information provided by the City was organized, analyzed, and used to support the development of financial plans. • Once the initial financial plans were developed dif- ferent scenarios were considered and analyzed to determine impact on utility rates. • City staff offered input and feedback on the as- sumptions and desired outcomes. It is also important to note aspects of financial perfor- mance not reviewed as part of this study: • The validity of the assumptions and figures pro- vided by the City on future growth was not re- viewed, • Analysis of the basis for the City's determination of prior sewer and water availability charges was not reviewed. • The report does not include identification of proj- ect costs for construction of lateral utility line build outs, The City anticipates that future lateral build outs will be financed 100 percent through special assessments to benefiting property. • The financial impact to the City of potential chang- es to the existing customer tier structure for charg- ing for water and sanitary sewer services was not reviewed as part ot this study. Executive Summary Conclusions from Study e following conclusions were identified as a result of this study: To meet projected service demands, the City will need to expand its capacity to deliver water and sanitarysewer services. This is driven by the City's projections for future development; the addition ot housing and commercial units, The City plans to pay for the improvements through a combination of projected available cash, issuance of debt, grants and Other intergovernmental proceeds, 2 Higher utility service fees for existing customers will be needed i 1 new development does not occur at proiected rate of growth. The issuance of debt to finance the identified improvements for water and sanitary sewer will require increased revenue to cover annual debt service. The City anticipates an increase in revenue driven by new development. If development occurs at a slower pace than pro- jected, it may require the City to adjust the rates shown in the report. To be conservative, the shady and report assume 50 percent of the total estimated annual growth (development) of residential and commercial units is realized for the purpose of es- timating future revenue. 3. Projected future vear-end cash balances in the util- ity funds is estimated to be at or greater than 50 percent of operating expenditures. The fees and charges included in the report, combined with the projected historical volume of water sold, plus thk., projected "new" revenue from new residen- tial equivalent connections (REC) will provide the cash needed to operate and maintain the utilities and to cover debt service, 1.14.W.A1 116, d lAvekm66111,11111.1.1 id! M. LI 411.111,1,116,011.1.04.4/1, nblu ..1180101.111., 114 Recommendations The following, recommendations are offered based on the Conclusions from the Study. 1. The City should adopt a new charge for the cost ot con fleeting to municipal sanitary sewer and in- crease the amount it presently charges for connec- tion to municipal water, This charge should reflect the City's cost of infrastructure for providing ser- vice. This new and increased charge is included in the report and reflected in the revenue shown in the financial plans. The charge will be collected with the building permit. The City should implement a uniform trunk line availability charge for water and sanitary sewer services. The charge will be collected from proper- ty owners/developers when property is developed; it will be collected with the develpoment contract for new development. The report does not include the cost of lateral build outs of utility lines. The study anticipates the City will assess 100 percent of lateral lines to benefiting propertv. 3. The City should plan to structure future deht in a conservative manner to provide the City with time for future development to occur and the flexibility to restructure debt if necessary.. This may include delaying certain maturities and earlier call dates, An issuance of debt into the public market will re- quire an credit rating review. The City's general obligation debt is currently rated Aa2 by Moody's Investors Service. The City's current debt profile is viewed by Moody's as "moderate". Even though general obligation revenue bonds are planned to be self supporting from enterprise revenues, the debt will be fully accounted for in the G.O. debt Executive Summary 2 Lam , ratios. Moody's xyill eliminate that debt from the debt ratios after a few years of demonstrated self Supporting revenues. Based on previous Moody's reports, the City has the capacity to absorb the increased debt ratios so long as there is not a de- terioration of the City's tax base or weakening of the demographic profile and the City does not ex- perience a material decline in financial reserves in comparison to similar rated cities. 4. The City should adopt a formal fund balance poli- cy. This policy will provide guidance for financial management and will inform future decisions on adjustments to utility fees and charges. The re- port is based on direction from City staff to plan for achieving a cash balance at 50 percent of antici- pated annual operating expend i tu res. Organization of Report The report is organized into five sections: I. F. _Nc'ciifiVe Summary provides information on the organization of the report, study approach, using the report, and conclusions and recommendations. 2 Background discusses the historical context (i.e., growth and development of the community) and financial status of the City's utility funds. 3. capital Improvement Plan provides information on the City's plans for expanding the capacity of the water and sanitary sewer systems, This in- cludes estimates on project costs and sources of funds to pay for the improvements. The time hori- zon for the capital plan is years 2013 through 2017. The City anticipates capital spending after year 2018 but the specific projects and estimated costs have not vet been identified. Information on debt service is included in the report for planned bond issuances. 4. Utility Rates provided in the report include histori- cal, current, and future proposed rates necessary to maintain a positive financial condition for the utili- ty funds. Information is provided in the Appendix of the report on what proposed rate increases will mean to customers. Comparison to other cities is included. 5. Financial Plans are provided for the Water Fund, Sanitary Sewer Fund, and Storm Sewer Fund. The financial plans provide both historical, current, and future projected sources and uses of funds. Financial plans take into account capital improve- ment plans and rate structure. (The capital im- provements plans included in the report are for years 2013-2017; the City anticipates future capital projects after year 2017 but has not yet identified the specific projects or cost estimates.) 6. Appendix provides charts of data from the finan- cial plans and information on projected growth in residential and commercial customers. Using the Report This report is intended to be a practical guide for on- going management of the Citv's utility funds. Much of the information in the report has enduring value and will serve to continue to guide management deci- sions over a number of years. However, management of enterprise funds is a dynamic system. Customer base changes, statutes and rules change, cost of labor and materials and supplies will vary from assump- tions from year-to-year. The report should continue to be the foundation of an annual review an update. Executive Summary BACKGROUND The City of Lake Elmo is located on the eastern edge of the 'twin Cities metropolitan area. The City's 2030 Comprehensive Plan forecasts and provides for ap- proximately eight times the growth in households and population during the 2000-2030 planning period than was experienced during the 1980-2000 period. The City reports an estimated 2010 population of 8,069 and 2,774 households (2010 Census). Population is es- timated to increase to 18,403 by 2020 and households to 6,324 (2030 Comprehensive Plan). The land area for the City encompasses approximately 15,250 acres. The Citv's 2030 Comprehensive Plan provides guid- ance on the City's plans for managing future demand for utility infrastructure The Citv's 2011 financial statements were used as the basis for the report, along with the 2012 budget. The 2012 financial statements were not available for input for the report, Water Utility Lake Elmo owns, operates and maintains a municipal water supply and distribution system. The City has a goal to serve existing population desiring public water supply while preparing the system to allow people to connect as development occurs or existing areas re- quest service. This policy guides the City's capital im- provement planning and the need to maintain a flex- ible and responsive water system. Capital planning includes projects to correct existing deficiencies and to expand the ''stern. The City uses an enterprise fund to account for its wa- ter operations. The unrestricted assets in the Water Fund totaled $1,072,022 and a cash balance of $752,658 at December 31, 2011. There were no significant trans- actions to report for the year ended December 31, 2011. (The 2012 financial statements are not vet available to include in this report.) Sanitary Sewer Utility Property owners in the City are served by individual sewer systems or in limited areas by municipal sewer. Capital plans will provide for an increase in the number of properties to he served by municipal sewer and connection to the Regional Sewer System. The Metropolitan Council Environmental Services (MCES) plans to extend regional sewer service to serve a greater area of the Citv. The City uses an enterprise fund to account for its sewer operations. The unrestricted assets in the Sewer Fund totaled $62,994 and a cash balance of $27,062 at December 31, 2011. There were no significant transac- tions to report for the year ended December 31, 2011. Storm Sewer Utility The City operates a storm sewer utility. The system of conveyances is owned and operated by the City and designed for collecting or conveying storm water, and that is not used for collecting or conveying sewer. The City collects an annual fee from property owners that is used to pay for the cost of constructing and main- taining the system. Background 4 CAPITAL IMPROVEMENT PLAN AND DEBT SERVICE The City has developed a multi -year (2013-2017) capi- tal project plan for its utilities. The Capital Improve- ment Plan (CIP) provides details on project costs by year and proposed funding sources. Identified fund- ing sources include the planned issuance of debt. The City anticipates additional capital project spend- ing after year 2017 but the specific projects and cost estimates have not been identified and are therefore not included in the report. The CIP provides important input for the financial plans included in the report. The financial plans are inclusive of all sources and uses of funds, both oper- ating and non -operating, including capital spending plans. At this time the City does not anticipate, any capital improvements for the storm sewer utility in the next five years. A CIP summary is therefore not included in the report for storm sewer projects, Capital Projects The projects included in the CIP include projects to ex- pand the capacity and correct deficiencies of the water and sanitary sewer systems. The City of Lake Elmo is a developing community \vith significant utility ex- pansion needs, Projects include expansion of the City's water sup- ply capacity and distribution system. Sanitary sewer services will be expanded through the construction of connections to the Regional Sewer System, As a developing community, the City's capital im- provement plans focus on expansion and does not presently include capital spending for maintenance of existing systems. This will need future consideration by the City as the community develops and infrastruc- ture ages and requires major maintenance and/or re- placement. Source of Funding for Capital Projects The source of funding for the planned capital projects includes either one of the following sources or a com- bination thereof: cash balance from Water Fund and Sewer Fund; hond proceeds; levying of special assess- ments; grants, tax increment revenue collections, and intergovernmental revenue. To the extent future development expectations exceed ur fall short of the City's projections, the City may want to adjust the amount of water project costs to be paid for with bond proceeds versus cash. Debt Service The current OP for water and sanitary sewer utilities anticipates the use of bonds to undertake needed im- provements while keeping fees as low as possible. The projections assume that the City will issue gen- eral obligation bonds and use utility revenues to pay all principal and interest. This approach provides the lowest cost of debt. The bonds will not count against the City's debt limit. Debt management is an impor- tant factor in the City's ongoing capital improvements planning. The City has the authority to issue pure revenue bonds for these improvements. With general obligation bonds, the City pledges to levy property taxes to cover any shortfall in utility revenues. Revenue bonds are Capital Improvement Plan and Debt Service 5 backed solely by utility revenues. The alternative use of revenue bonds without a general obligation pledge would have several financial implications for the City: • Interest rates will be higher. The difference will depend on the terms of the issue and the operation of the Utility. The City will be required to set tees that will cre- ate revenues that produce net income in excess of debt service. Any scenarios with ongoing annual deficits would not be viable. • The bond issue would include a debt service re- serve fund. A portion of the bond proceeds would be set aside to make payments in the event of rev- enue shortfalls. As a result, higher tees will be required with the use of revenue bonds to finance planned improvements. The finance plans and related tee schedules included in the report anticipate the issuance of general obligation (GO.) revenue bonds to finance certain capital improvements. The estimates for debt service are based on bonds to he paid generally over 20 years or less. The estimated interest rates used to calculate annual debt service were conservatively estimated based on today's current rate environment (todav's rates fora Aa2 rating plus 25 basis points for anticipated 2013 bonding and 50 basis points for later years). The actual interest- rates will depend on final structure and market conditions at time of issuance. Beginning on page 9, a summary of estimated annual debt service is provided for years 2012 to 2021 which is the planning, horizon for the financial plans* On pages 10 and it, detail on the annual estimated debt service for future water and sanitary sewer bond issuances is shown* The chart on page 12 provides a longer term +MA 4aga. alb14.1,4 B. W.A./LW view of projected annual debt service for 'ears 2012 through 2035, or over the life of the City's existing bonds and the life of future estimated bond issuances included in the report. The timing of principal payments shown in the re- port is structured to match estimated future revenue. Based on the debt structure and assumptions for the study and report, by year 2021 the City will have com- bined cash balance in the water and sewer funds that is nearly equivalent to 90% of the estimated outstanding debt obligations. Actual future growth (development) will greatly impact these estimates. The Citv will have options at time of bond issuance to consider debt re- payment schedules that are more aggressive than what is included in this report, if future revenue and cash balances suggest a more aggressive schedule is fea- sible. The City will have the option to structure bond call dates that will provide the City with the greatest amount of flexibility to manage its debt* These deci- sions can be made on an issuance by issuance basis in the future. Capital Improvement Plan and Debt Service 6 INAMBRN. City of lake Elmo Water Fund Summary of Capital Improvement Plan (CIP) 2013 2014 2015 2016 2017 Water supply well No. 4 and pumphouse /connection 1,500,000 Keats Ave 16' trunk watermain extension 1,050,000 Phase 1: Western 194 Corridor (Inwood to Keats) Segment 1: Water booster pump 610,000 Segment 2. Inwood Ave 16" trunk watermain extension 1,600,000 Segment 3: 10th St to EP Bus Park 16" trunk watermain ext 780,000 Alt Segment 3: Azur Prop 16" trunk watermain extension Capital Improvement Plan and Debt Service City has not identified but does anticipate there will wilt be future projects in years 2018-2021. 2018 2019 2020 2021 Total 1,500,000 1,050,000 610,000 1,600,000 780,000 Alt Segment 5: 12" trunk watermain to non-contiguous East 400,000 400,000 Alt Segment 7: Ground storage tank 600,000 600,000 Phase U: Eastern 194 Corridor (Lake Elmo Ave, to Manning) Segment 4: Lake Elmo Ave 12" trunk watermain extension 2,775,000 2,775,000 Phase ID: Village Area (East to Village Parkway) Replace/upgrade watermains as streets disturbed 900,000 900,000 Village Parkway/39th Street 400,000 600,000 1,000,000 Total 5,540,000 400,000 1,500,000 3,175,000 600,000 11,215,000 Funding Source for Water Coital Projects Cash from Water Fund 1,500,000 925,000 250,000 2,675,000 Bond proceeds 3,540,000 2,000000 5,540,000 Grants 1,000,000 1,000,000 intergovernmental 1,000,000 1,000,000 Tax Increment /Developer Contribution 400,000 250,000 350,000 1,000,000 Total 5,540,000 400,000 1,500,000 3,175,000 600,000 11,215,000 City of Lake Elmo Sanitary Sewer Fund Summary of Capital Improvement Plan (CIP) Capital Improvement Plan and Debt Service City has not identified but does anticipate there will be future projects in years 2018-2021. 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Segment 4: New lift station at Hudson & Keats, Connecting FM 900,000 900,000 Segment 6: Hudson Blvd lift station replacement, connecting FM to WONE - 300,000 300,000 Phase Easter 194 Corridor (Lake Elmo Ave. to Manning) Option A: 27/30" trunk sewer extension from MCES connectoin Option B: 18/27" trunk sewer extension from MCES connection 700,000 500,000 1,200,000 Option 3: Future lift statoin west of Lake Elmo Ave. 200,000 200,000 Phase 11lb: Village Area (East to Village Parkway) Village lift station and forcemain 3,800,000 3,800,000 Segment 1: Lake Elmo Ave & 30th St & 39th St 1,100,000 1,100,000 Segment 2; Village Parkway to TH5 600,000 600,000 1,200,000 Total 4,500,000 1,600,000 1,100,000 600,000 600,000 300,000 8,700,000 FundingSource for Sanitary Sewer Capital Proiects Cash from Sewer Fund 300,000 300,000 Bond proceeds 3,500,000 1,200,000 1,100,000 5,800,000 Grants 1,000,000 - 1,000,000 Intergovernmental 180,000 180,000 - 360,000 Tax Increment/Developer Contribution (future TIF districts and development) 400,000 420,000 420,000 - - 1,240,000 Total 4,500,000 1,600,000 1,100,000 600,000 600,000 300,000 .. 8,700,000 City of Lake Elmo Water. Sanitary Sewer. Storm Sewer Funds Summary of Future Debt Service and General Obligation (G.O.) Revenue Bonds Outstanding Capital Improvement Plan and Debt Service 24122 2013 2014 2015 2016 2017 2018 2019 2020 2021 to 2035 Total DEBT SERVICE WATER UTILITY FUND GO Water Rev Bond 2005A 300,025 320,650 315,250 935,925 GO Ref Bund 2009A (Refund 2002B) 53,680 52,48rJ 51,280 49,880 53,680 52,128 55,575 53,850 51.92.5 474,478 GO Ref Bond 2012A (Refund 2005A1 , . - 281,043 272.143 293,343 284,043 279,843 270.643 3,139,756 1,820,814 EST GO Water Rev 201.3 Bonds 95,958 125,958 125,778 125,568 125,313 124,998 164,623 163,573 167,383 4,121.230 5,340,378 EST GO Water Rev 2016 Bonds 41,250 341,250 337,350 232,850 229,350 225,450 931,10(1 2,338,6(10 Total 449,663 199,088 492,308 497,741 792,386 807,818 737,091 726,616 715,401 8,192,086 13.910,194 SANITARY SEWER UTILITY FUND EST GO Sewer Rev 2013 Bonds EST GO Sewer Rev 2014 Bonds EST GO Sewer Rev 2015 Bonds Total STORM, SEWER UTILITY FUND No existing or !pared oustanding debt TOTAL ANNUAL COMBINED DEBT SERVICE Cr..nb,,lod Tula] DEBT OUTSTANDING WATER OUTSTANDING DEBT As ot 12/31/2012 Estimated Future Debt Total 86,285 186,285 25,625 86,285 211,910 5,94 185,685 75,625 74,950 336,260 184,985 75,150 74,475 334,610 184,135 183,085 181,835 74,600 73,950 123,200 73,925 73,275 72,525 332,660 330,310 377.560 180,335 121,450 121,650 423,435 228,635 119,500 119,700 467,835 3,4 34 , 2 80 5.035,545 759,775 1,448,875 765,975 1,376,475 4,960,030 7.860,895 710,998 828,568 832351 1,125,046 1138,128 1,114,651 1.150,051 1,183,236 ' 21.77:1089 4,695,000 4,505,000 4,315,000 4,080,000 3,845,000 3,585,000 3,325,000 3.065.000 2,810.000 3,630,000 3,600,000 3,570,000 5,600,000 5,270,000 4,940,000 4.670,000 4.400.000 4.125,000 8,325,000 8,105,000 7,885,000 9,680,000 9,11,5,000 8,525,000 7,995,000 7,465,000 0.935,000 SANITARY SEWER OUTSTANDING DEBT As ol 12/31/2012 0 0 0 0 0 0 (I 0 0 Estimated Future Debt 3,605,000 4,755,000 5,705.000 5.505,0(10 5,305,000 5,105,000 4,855,000 4,555.000 4,205,000 Total 3,605,000 4,755,000 5.705,000 5,505,000 5,305,000 5,105,000 4,855.000 4,555,000 4,205 000 STORM SEWER UTILITY FUND No existing or anticipated oustancling debt TOTAL DEBT OUTSTANDING Combined Total 11,930,000 12,860,000 13,590,000 15,185,000 14,420,000 - 13,630,000 12,850,000 12,020,000,14 0,000 0 0 Notes EST (estimated) amounts are shown ror bonds with dates after 2012. Estimates are based on the capital improvement plan included in the report, Annual debt service figures are preliminary Actual structure may vary depending on financial management decisions made by the City. Interest rates and terms will vary Detail on estimated interest rates and terms are provided on pages 10 ond 11. 9 Year Bey 2013 1 2014 2 2015 3 2016 4 2017 5 2018 6 2019 7 2020 8 2021 9 2022 10 2023 11 2024 12 2025 13 202G 14 2027 15 2028 16 2029 17 2030 18 2031 19 2032 20 2033 21 2034 ?2 2035 23 Total Principal $0 $30,000 $30,000 $30,000 $30,000 $ 30,000 $70,000 $70,000 $75,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $200,000 $200,000 $200,000 $375,000 $375,000 $375,000 $325,000 $315,000 $3.630,000 City of Lake Elmo Estimated Future G.O. Water Revenue Bonds Analysis of Possible Future Estimated Debt Service Based on Capital Improvement Plan (CIP) (Terms shown including maturites and rates are for preliminary planning purposes only) 2013 G.O. Water Revenue Bonds Est Interest Rates 0.55% 0.60% 0.70% 0.85% 1.05% 1.25% 1.50% 1.70% 1.85% 2.00% 2.10% 2,20% 2.30% 2.40% 2.50% 2.60% 2.70% 2,80% 2,90% 3.00% 3.10% 3 20% 3.30% Application of Funds: Construction Other Costs/Rounding Total Total Debt Interest Service $95,958 $95,958 $95,778 $95,568 $95,313 $94,998 $94,623 $93,573 $92,383 $90,995 $87,995 $84,845 $81,545 $78,095 $74,495 $70,745 $65,545 $60,145 $54,545 $43,670 $32,420 $20,795 $10,395 $1,710,378 $95,958 $125,958 $125,778 $125,568 $125,313 $124,998 $164,623 $163,573 $167,383 $240,995 $237,995 $234,845 $231,545 $228,095 $ 224,495 $270,745 $265,545 $260,145 $429,545 $418,670 $407,420 $345,795 $325,395 $5,340,378 $3,540,000 $90,000 $3,630,000 Outstanding Balance $3,630,000 $3,630,000 $3,600,000 $3,570,000 $3,540,000 $3,510,000 $3,480,000 $3,410,000 $3,340,000 $3,265,000 $3,115,000 $2,965,000 $2,815,000 $2,665,000 $2,515,000 $2,365,000 $2,165,000 $1,965,000 $1,765,000 $1,390,000 $1,015,000 $640,000 $315,000 $0 Year Beg 2013 2014 2015 2016 1 2017 2 2018 3 2019 4 2020 5 2021 6 2022 7 2023 8 2024 9 2025 10 2026 11 2027 12 2028 13 2029 14 2030 15 2031 16 2032 17 2033 18 2034 19 2035 20 Total Principal $0 SO $0 $0 $300,000 $300,000 $200,000 $200,000 $200,000 $200,000 $200,000 $100,000 $100,000 $100,000 $160,000 $2,060,000 Capital Improvement Plan and Debt Service 2016 G.O. Water Revenue Bonds Est Interest Rates 0.80% 0.85% 0.95'Yo 1.10% 1,30% 1.50°/© 1.75% 1,95% 2.10% 2.25% 2,35`,v. 2.45% 2.55% 2.65?4, 2,75% 2.85% 2.95% 3.05% 3.15°/e 3.25% 3.35% 3.45% 3.55% Total Debt Interest Service $41,250 $41,250 $37,350 $32,850 $29,350 $25,450 $21,250 S16,750 $12,050 $9,600 $7,050 $4,400 $0 $0 $0 $0 SO $0 $0 $0 $278,600 $0 SO $0 $41,250 $341,250 $337,350 $232,850 $229,350 $225,450 $221,250 $216,750 $112,050 $109,600 $107,050 $164,400 $0 $0 $0 $0 $0 $0 $0 SO $2,338,600 Auolication of Funds: Construction $2,000,000 Other Costs/Rounding $60,000 Total $2,060,000 Outstanding Balance $2,060,000 10 $2,060,000 $1,760,000 51,460,000 $1,260,000 $1,060,000 $860,000 S660,000 $460,000 $360,000 $260,000 $160,000 $0 $0 $0 SO SO $0 $0 $0 $0 oomma, O. WY City of Lake Elmo Estimated Future G.O. Sewer Revenue Bonds Analysis of Possible Future Estimated Debt Service Based on Capital Improvement Plan (C1P) (Terms shown including maturites and rates are for preliminary planning purposes only) Capital Improvement Plan and Debt Service Projected Future 2013 G.O. Sewer Revenue Bonds Projected Future 2014 G.O. Sewer Revenue Bonds YEAR Projected Future 2015 G.O. Sewer Revenue Bonds Est Est Est interest Total Debt Outstanding Interest Total Debt Outstanding interest Total Debt Outstanding Year Pincipal Rates Interest Service Balance Year Prin0pai Rates Interest Service Balance Principal Rates Interest Service Balance Beg $3,605,000 Beg 51.250,000 Beg 51,150,000 2013 1 SO 0.55% 586,285 $86,285 53,605,000 2013 10 0 80% 50 2013 $0 0.80% $0 2014 2 S100,000 0.60% 585,285 1186,285 53,505,000 2014 1 50 0.85% 525,625 $25,625 51,250,000 2014 SO 0 85%. SO 2015 3 1100,000 0.70% 585,635 $185,685 53,405,000 2015 2 150,000 0.9556 $25,625 575,625 51,200,000 2015 1 $50,000 0.95% 524,950 174950 S1.100.000 2016 4 5100,000 0 85% 184.985 5184,985 $3,305,000 2016 3 S50,000 1.10% 525,150 575,150 11,150,000 2016 2 550,000 1.10% 524,475 $74,475 51,050.000 2017 5 5100,000 1,0556 5E4,135 5184,135 $3,205,000 2017 4 550,000 1.30% $24,600 $74,600 51,100,000 2017 3 $50,000 1 30% $23,925 573.925 51,000,000 2018 6 5100.000 1.25% 583,085 5183,085 $3,105,000 2018 5 $50,000 1 50% $23,950 $73,950 51,050.000 2018 4 150.000 1.50% $23,275 $73,275 5950,000 2019 7 5100,000 1.50°., $81,835 5181835 $3,005,000 2019 6 1100,000 1,75% $23,200 5123,200 5950,000 2019 5 150,000 1.75% $22,525 $72,525 1900,000 2020 8 $100,000 1,7056 $80,335 $180,335 82,905,000 2020 7 5100,000 1.95% $21,450 $121,450 5850,000 2020 6 $100,000 1.95% $21,650 $121,650 5800,000 2021 9 5150.000 1.85% $78,635 $228,635 $2,755,000 2021 8 5100,000 2 10% 519.500 5119,500 $750,000 2021 7 5100,000 2 10% $19,700 1119,70C 1700,000 2022 10 1100,000 2.00% S75,860 5175,860 12,655,000 2022 9 $100,000 2.2596 $17,400 $117,400 5650,000 2022 8 $100,000 2,2556 517,600 $117,500 1600,000 2023 11 5100,000 2,1056 $73,860 $173,860 $2,555,000 2023 10 $100,000 2.35% $15,150 5115,150 5550,000 2023 9 $100,000 2.35% 515,350 5115,350 1500,000 2024 12 5100,000 2.20% 171,760 5171,760 52,455,000 2024 11 $150,000 2.45% 512,800 5162,800 5400,000 2024 10 $100.000 2 45% $13,000 5113,000 $400,000 2025 13 5100,000 2.30% $69,560 5169,560 52,355,000 2025 12 1150,000 2,55% 59,125 $159,125 5250,000 2025 11 5150,000 2.55% 510,550 5160,550 $250,000 2026 14 $100,000 2.4056 $67,260 $167,260 32,255,000 2026 13 $200,000 2.65% $5,300 $205,300 $50,000 2026 12 5150,000 2.65% $6,725 $156,725 $100,000 2027 15 5250,000 2.50% 1€4,860 1314,860 $2,005,000 2027 14 2,7556 $0 Se 150,000 2027 13 $100,000 2.75% 52,75.0 $102,750 .10 2028 16 $250,000 2 60% $58,610 5308,610 51,755,000 2028 15 2,85% SO 50 150,000 2028 14 2.85% SO SO 50 2029 17 S250,000 2.70% 552,110 5302,110 $1,505,000 2029 16 2.95% $0 SO 550,000 2029 15 2 95% $0 50 10 2030 18 5250,000 2.80% $45,360 $295,360 $1,255,000 2030 17 3.0556 SO $0 150,000 2030 16 3.05% $0 SO SO 2031 19 1300,000 2.90% 138,36D 5338,360 $955.000 2031 18 3.1556 $0 50 150,000 2031 17 3.15% 10 $0 50 2032 20 $.300,000 3.00% $29,660 5329,660 $655,000 2032 19 3 25% 50 50 550,000 2032 18 3.25% SO $0 SO 2033 21 5300,000 3.10% $20,660 5320,660 5355,000 2033 20 3.3556 SO 50 550,000 2033 19 3.35% SO 50 $0 2034 22 5355,000 3.20°, $11,360 5366,360 SO 2034 21 3 45% $0 50 1,50,000 2034 20 3,4556 $0 SO $0 Total 13.605,000 51.430,545 $5,035,545 Total 51,200,000 5248,875 $1,448,875 Total 51,150,000 5226,475 $1,376.475 Application of Funds: Application at Funds:, Application of Funds: Construction 53,500,000 Construction 51,200,000 Construction 51,100,000 Other Costs/Rounding 5105,000 Other Costs/Rounding $50,000 Other Costs/Rounding 150.000 Total 53,605,000 Total $1,250,000 Total 51.150,000 11 $1,400,000 S1,200,000 $1,000,000 $800,000 $600,000 $400,000 S200,000 $0 City of Lake Elmo Annual Estimated Debt Service Based on Future Bonding Plans in CIP and Estimated Structure and Future Rates (Includes Debt Supported by Water and Sewer Revenue Only) 0 N n1 7ru LD r-I r-I r-1 H O 000 N N N N N CO Cl 0 T-I N rn 111 N. 00 Hr-ir-INNNNNNNNN O 00000000000 N NNNNNNNNNNN Capital Improvement -- Plan and Debt Service The annual estimated debt service amounts shown in this chart include general obligation Vvater revenue bonds and general obliga- tion sewer revenue bonds. The annual amounts in- clude both existing debt service (on outstanding bonds) and future estimat- ed debt service on bonds anticipated to he issued in future years and paid from utility revenues, Future bond issuance estimates are based on the Ciiy's capital improvement plan. This chart includes general obligation debt supported by utility revenue only and does not include existing or future estimated general obligation debt that is paid 7t. from property tax levy. rn 0 0 CNN 12 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 1,1 City of Lake Elmo Est. Combined Outstanding G.O. (Water and Sewer) Current and New Revenue Bonds Compared to Estimated Future Combined Cash Balances for Water and Sewer Funds 2013 2014 V: 2015 2016 2017 2018 2019 TTotal Est Outstanding Debt (Current and New) .-.!!IEst Cash Balance 2020 2021 Capital Improvement Plan and Debt Service Over the next four years (from 2013 to 2010 the out- standing general obligation debt supported by water and sewer revenues is pro- jected to increase each year. The City anticipates the is- suance of debt to support planned infrastructure ex- pansion projects. During this same period, based on assumptions and informa- tion included in the study, the estimated annual cash balance for the water and sewer funds combined is estimated to increase each year. This is driven by the estimate that annual reve- line from new development vvill exceed the growtLliinign annual expense i debt service expense) Current financial plan esti- mates project that by year 2021 the City w/ill have combined cash balance in the water and sewer funds that is nearly equivalent to 90% of the estimated out- standing debt obligations. Actual future growth (de- velopment) viIl greatly im- pact these estimates. 13 411.14.44o1.1.1410414, luala dkal. u4 MAW/WNW. 1.1,* u41,6,14.44,144.1“..W guuu. .uuuuuuumuuu ww+AuunAiurnt, UTILITY RATES Key Factors To project future utility rates necessary to maintain the financial stability of the City's utility operations re- quires development and analysis of the following key factors: • Estimates for future annual operating expendi- tures, including personnel, materials and supplies, cost of electricity, and other operating expenses. • Metropolitan Council Environmental Service MCES) sewer tee charged to the City by the Met- ropolitan Council for regional collection and treat- ment of waste ‘yater. This is an operating expense that the City does not have direct control over. • Annual capital expenditure to maintain and im- prove the existing systems. • Annual debt service on bonds issued to finance capital improvements. • Growth in customers using and paving for the systems. Future growth will provide additional revenue but will also create additional demand for services. • Available other revenue sources other than fees and charges to users of the water and sanitary sewer services. Annual Operating Expenditures Costs incurred in operating the water and sewer systems, which are used up in the period in which acquired, are recorded as operating expenditures. Annual growth in operating expenditures, not including the MCES charge, has been modest. It is anticipated that growth in future years will be about 2 percent per year. Approximately a third of the operating expense (not including depreciation) is for personnel costs (labor) and the balance for materials, supplies, and other operating expense. Depreciation is shown under operating expenditures and is the process of allocating the costs of an asset over its useful life in a systematic and rational manner. Depreciation is shown to remain constant over the fi- nancial planning horizon for the study. Estimate for future depreciation was not part of the study. It will be important for future updates to the financial plans to consider funding of depreciation and replacement of infrastructure. Metropolitan Council Environmental Services (MCES) The MCES charge to cities for regional collection and treatment has been volatile in recent years. MCES has experienced revenue loss from the significant drop in regional development which has caused a corre- sponding decline in revenue collected by the Council for Sewer Availability Charges (a one time fee for new connections). For projection purposes, the study as- sumes that future charges paid to MCES for collection and treatment will increase by 2 percent annually. This is shown as an annual operating expense to the City's Sewer Fund which is paid from revenue collected from the City's utility customers. Utility Rates 14 Annual Capital Expenditures The City anticipates paying for future capital improve- ment project costs with a combination of revenue sources, The City anticipates future development will provide revenue to pay for utility expansion through the collection of trunk line availability fees and connec- tion fees. The City may reduce the amount of planned bonding to pay for capital improvements to the extent cash from collection of these charges is available in the utility funds to do so. Paying for annual planned capital improvement proj- ects with cash may be a sound strategy depending on the details of the project. It avoids incurring costs of issuance and annual interest expense. However, this strategy requires advance planning and implementa- tion ot utility fees and charges that provide adequate cash How. For large ine capital expenditures or unan- ticipated capital expenditures, the use of bonding to fund capital minimizes annual rate increases that oth- erwise would be necessary. It also allows the City to charge future customers the cost of infrastructure with a longer useful life, versus putting the entire burden on todav's customers. The City's CIP does anticipate bonding for certain project costs. The resulting annual debt service on the bonds is included in the financial plans. Debt Service Debt service in the INater and Sanitary Sewer Funds is paid from revenue collected from utility fees and availability and connection charges. Presently the City has debt outstanding in the Water Fund but does not report debt outstanding in the Sanitary Sewer or Storni Water Funds. The CIP anticipates the City will issue debt in the next five years that \Alitt be till pported by revenue collected in the Water Fund and Sanitary Sewer Fund. All current and future debt is accounted for in the fi- nancial plans that are included in this report. The es- timated debt service is based on generally 20 years or less for bonds payable at estimated interest rates. Fu- ture estimated utility fees and charges reflect the cost of the estimated increase for debt service. Growth in Customers Growth in customers from future land development is a major factor in determining the.,, projections for future utility rates. New development will bring an increase in revenue to the City's utility funds through the col- lection of availability and connection charges and fees collected for service. Availability charges and con- nection charges are one time charges collected at the time of development and building perrnit. Estimat- ing the increase in future customers from growth in residential and commercial development is the most volatile factor in developing financial projections for the utility funds. The last page of the report, page 35, in the Appendix Section, includes information on the assumed growth in residential equivalent connections ("REC") from future development. The projected an- nual growth in REC's was established by City staff and provided to Northland for the study and report. Growth in customers will allow the City to spread ex- isting fixed costs, including overhead, over more units and volume. Growth in customers will allow the City to minimize future increases in utility fees that other- wise will be necessary. Utility Rates 15 Available Other Revenues There is limited other revenues that provide a source of funding for utility services. 'The majority of the cost to operate and maintain the system is paid from fees and charges collected from those using the syistem. Other revenue includes interest income on cash bal- ances, special assessments, grants, and rents. Historical Utility Rates Information on historical rates is provided on page 18. This includes a summary of prior years approved util- ity rates for years 2007 - 2012. Rates shown are billed quarterly, with the e \ception of the storm water fee which is billed to customers receiving this charge on an annual basis. The City charges a basic service fee for kvater only. Future Utility Rates Information on future projected utility rates for years 2013 to 2021 is provided on page 19, The projected future rates reflect the rates necessary to maintain ad- equate cash balances in the utility funds. These rates (applied against' the estimated volumes on page 19) were used to calculate the annual estimated operating revenue that is shown in the financial plans for each fund. The tier structure the City uses; for charging custom- ers for water, based on volume of water sold, was not reviewed as part of this study and report. Connection and Trunk Line Availability Charges Water and Sewer connection charges are estimated to be collected at time of building permit. The charges are to cover the cost of constructing and maintaining the utility systems. The City presently does not have a connection charge for sanitary sewer. A charge is included for future vears beginning with a rate of $1,000 in year 2013 and inflated annually at 3-percent; this rate is necessary to maintain sufficient revenue to pay for debt service on capital projects. This is reflected in the revenue shown in the financial plans for the Sanitary Sewer Fund. In addition, the report and financial plans are based on the City increasing the amount it charges for connec- tion to municipal water to a level needed to fund infra- structure expansion. The amount is shown at $1,000 for year 2013, which is an increase from the $140 pres- ently charged. This amount is shown to increase an- nually by 3-percent. Water and Sewer Trunk Line Availability Charges are estimated to be collected at time of development of property, (with the development contract). The charge is necessary to pay for the cost of constructing and main taing the trunk lines and related infrastructure of the systems. Beginning with year 2013, the following is estimated for deyelpoment related charges for one residential equivalent connection (REC) unit: City Sanitary Sewer Connection City Water Connecction $ $11:i0(0 )))4( Citv Sanitary Sewer Trunk Line Availability $3,000 City Water Trunk Line Availability $3,000 Met Council Sewer Availability Charge $2,435 Total $10,435 Projected Volume of Water Sold and Sanitary Sewer Billed Annual estimated volume of water sold by tier and es- timated sanitary sewer billed by year is included on Utility Rates 16 page 2U. The chart on page 21 provides a break -down of the increase in volume of water sold comparing the estimated amount sold bv year to existing custom- ers, which is based on 2011 volumes, to the estimated amount that is attributed to growth in the customer base from future projected development, Information on the projected increase in residential equivalent con- nections (REC) bv vcar is provided on page 35, the last page of the report. 144.1.4.44+44 440+44.14444 44.4 Awl 441444441rn 444.1144 d. I 41+41. + 14. Utility Rates 17 " WA. WM e'4 14, 4.1.44444404.4 44. .114.4444.4 4.64.444.04 WATER AND SEWER SERVICE Residential Water Basic Service fee (per meter or per unit/qtr) Sewer Basic Service fee (per meter or per unit/qtr) Wale( (Per meter or pei unit per 1,000 gallons): Tier 1: Water usage per first 15,000 gallons Tier Water usage +15,000 gallons to 30,000 gallons Tier 3' Water usage +30,000 gallons to 50,000 gallons Tier 4: Water usage +50,000 gallons to 80,000 gallons Tier 5: Water usage +80,000 gallons Sewer (per 1,000 gallons) Commercial and Industrial Water Basic Service fee (per meter or per unit/qtr) Sewer Basic Service fee (per meter or per unit/qtr) Water (per meter or per unit per 1,000 gallons): Tier 1: Water usage per first 10,000 gallons Tier 2: Water usage +10,000 gallons to 25,000 gallons Tier 3. Water usage +25,000 gallons Tier 4: Water usage +29.000 gallons to next Tier Tier Water usage +36,000 gallons to next Tier Sewer (per 1,000 gallons) SURFACE WATER Residential (flat fee charged annually) Non -Residential (flat fee charged annually based on equivalent res. unit) City of Lake Elmo Fee Schedule for Prior Years 2007 2008 Utility Rates 2009 2010 2011 2012 Budget $23 SO $23.75 $25.00 $25 00 $25.00 325,00 $0,00 $0 00 $0.00 $0.00 $0,00 $0.00 $1.80 52,05 $2.15 $2.10 $2.14 $2.14 51,80 $2.05 $2.15 52,80 52,86 $2.86 $1.80 $2.05 $2.15 $3.70 53.77 $3.77 51_80 $2.05 $2.15 54 90 $5.00 $5.00 $1.80 52,05 $2.15 $6,50 56,63 $6.63 $2.75 $3.71 $4.08 54,35 $4,50 $4.50 $23.50 $23,75 525,00 $25.00 $25.00 $25.00 $0.00 $0.00 50.00 $0.00 $0.00 50,00 52,75 $3.00 53,10 53,05 53,11 53 11 52,75 53,00 $3.10 $3.20 53,26 $3.26 $2.75 $3.00 53,10 $3.70 $3.77 $3.77 $2.75 $3.00 $3.10 $4.90 55.00 55,00 $2.75 13.00 53.10 $6.50 56,63 56.63 $2.75 53.71 54,08 $4.35 54,50 $4.50 $30.00 $30.00 535,00 $40.00 550,00 $50.00 530 00 $30,00 $35.00 540,00 $50.00 550,00 SEWER CONNECTION CHARGES (collected with nermit) Single lomlly, duplex, townhouse, mobile home (per unit) $0 $0 $0 $0 $0 SO Comm/Industrial, churches, schools, hospitals, nursing homes (per unit) $0 $0 $0 $0 $0 $0 WATER CONNECTION CHARGES (collected with permit) Meter $275 $275 $285 $300 $300 $300 Single family, duplex, townhouse, mobile home (per unit) $140 $175 $130 $140 $140 $140 Comm/industrial, churches, schools, hospitals, nursing homes (per unit) $140 $175 $130 $140 $140 $140 TRUNK LINE AVAILABIUTY CHARGES (collected at time of development) Sewer availability charge per unit $3,500 $3,500 $3,500 $3,300 $3,500 $3,500 MCES connection charge (per unit) $2,150 $2,150 $2.150 $2,150 $2.230 $2,230 Water availability charge for new development per unit $3,675 $3,675 $3,675 $3,900 $3.900 $3.900 Water availability charge for existing structures within Old Village $800 $800 $800 $800 $800 $800 18 WATER AND SEWER SERVICE Residential Waver Basic Service fee (per meter or per unit/qtr) Sewer Basic Service fee (per meter or per unit/gtr) Water (per meter or per unit per 1,000 gallons): Tier 1: Water usage per first 15,000 gallons Tier 2: Water usage +15,000 gallons to 30,000 gallons Tier 3: Water usage +30,000 gallons to 50,000 gallons Tie' 4: Water usage +50,000 gallons to 80,000 gallons Tier 5: Water usage +80,000 gallons Sewer (per 1,000 gallons) Commercial and Industrial Water Basic Service fee (per meter or per unit/gtr) Sewer Basic Service fee (per meter or per unit/gtrl Water (per meter or per unit per 1,000 gallons). Tier 1 Water usage per first 10,000 gallons Tier 2: Water usage +10.000 gallons to 25,000 gallons Tier 3: Water usage +25,000 gallons Tier 4: Wier usage +29,000 gallons to next Tier Tier 5. Water usage +36,000 gallons to next Tier Sewer (per 1,000 gallons) SURFACE WATER Residential (flat fee charged annually) Non -Residential (flat fee charged annually based on equiv €nt EBS, ur 01,41 Yel 1.4110411411 1.10.0.. 11 I, I, 1I1U I 1111 Utility Rates City of Lake Elmo Fee Schedule Estimated for Future Years Annual % loci- Beg Yr 2013 2013 2014 2015 2016 2017 2018 2019 2020 2021_ 3 0% $25.75 $26.52 $27.32 528 14 $28.98 529 85 $30.75 331 67 532 62 3.0% $0.00 50.00 $0.00 50.00 $0.00 $0.00 $0.00 50 00 50 00 3.096 $2.20 52.27 $2.34 $2.41 $2.48 $2 56 $2.63 $2.71 $2.79 3,0% $2.95 $3.03 $3.13 $3.22 33.32 $3.41 $3.52 $3.62 $3.73 3.0% $3.88 54.00 $4.12 54.24 $4.37 $4.50 54,64 $4.78 $4.92 3.0% 55.15 $5.30 $5.46 $5.63 $5.80 55 97 $6.15 $6.33 56 52 3.0% 36,83 57.03 $7.24 $7.46 37,69 $7,92 $8.15 58.40 58,65 3,0% $4.64 54 77 $4.92 $5.06 $5 22 55 37 $5 53 55 70 $5.87 3.0% $25.75 $26.52 $27.32 $28.14 528 98 329 85 $30.75 $31.67 $32.62 3.0% $0.00 $0.00 $0,00 $0 on 50.00 $0 00 $0.00 50.00 $0.00 3.0% $3.20 $3.30 $3.40 13.50 53 61 $3.71 $3.82 $3.94 54.06 $3.36 53.46 $3.56 $3.67 $3.78 $3.89 $4.01 $4.13 $4.25 3 0% $3.88 $4.00 $4.12 $4.24 $4.37 $4 50 $4.64 $4.78 $4.92 3.0970 $5.15 $5.30 $5.46 55,63 $5.80 $5.97 $6.15 $6.33 $6.52 3.096 $6.83 $7.03 $7.24 $7.46 $7.69 $7.92 $8.15 58.40 $8.65 3.0% 54 64 $4.77 34 92 $5.06 $5 2? $5.37 $5.53 $5 70 55.87 3.096 $51.50 $53.05 $54.64 556.28 557.96 $59.70 $61.49 $63.34 365,24 3.0°A, $51.50 $53.05 $54.64 $56.28 $57.96 $59.70 361 49 363.34 $65.24 SEWER CONNECTION CHARGES (collected with permit) Single family, duplex, townhouse, mobile home (per unit) 3.0°/. $1,000 $1,030 $1,061 $1,093 $1,126 $1,159 51,194 $1.230 11.267 Comm/industrial, churches, schools, hospitals, nursing homes (per unit) 3 0% $1,000 $1,030 $1,061 $1,093 $1,126 $1,159 $1,194 $1,230 $1,267 WATER CONNECTION CHARGES (collected with_pgrmit) meter 3,096 $309 $318 $328 $338 5348 5358 $369 $380 $391 Single family, duplex, townhouse, mobile home (per unit) 3.0% $1.000 $1,030 $1,061 $1,093 $1,126 $1,159 51,194 $1,230 $1,267 Comm/industrial, churches, schools, hospitals, nursing hones (per unit) 3 0% $1,000 $1,030 $1,061 $1,093 $1,126 $1,159 $1.194 $1,230 $1,267 TRUNK UNE AVAILABILITY CHARGES fccillected at time of development Sewer availability charge per unit 3.0% $3,000 $3,090 $3,183 S3,278 $3,377 $3,478 $3,582 $3.690 $3,800 MCES connection charge (per unit) 2.0% $2,435 $2,484 $2,533 $2.584 52,636 $2,688 $2,742 $2,797 $2,853 Water availability charge tor new development per unit 3 0% $3,000 $3,090 $3.183 $3,278 $3,377 $3,478 53.582 $3,690 $3,800 Water availability charge for existing structures within Old Village 3.0% $824 5849 $874 $900 $927 5955 $984 51,013 $1,044 19 4U. .1661AMI d 1.4414 J aa. ".64 Aak.1.4M uklai kia City of Lake Elmo Customer Equivalent Units, Volume of Water and Sanitary Sewer Service Billed Volume figures below are annual amounts and shown in 1,000 of Gallons . .4,1104 Utility Rates Future Estimates for Financial Plans 1 2 3 4 5 6 7 8 9 10 2011 2012 Budget 2013 2014 2015 2016 2017 2018 2019 2020 2021 Residential Water Basic Service fee (per meter Of per unit,/qtr) 874 874 881 910 948 1,012 1,058 1,109 1,260 1,311 1,369 Sewer Basic Service fee (per meter or per unit/qtr) 874 874 881 910 948 1,012 1,058 1,109 1,260 1,311 1,369 Water (per meter or per unit)" Tier 1: Water usage per first 15.000 gallons 52,440 52,440 52,860 54,580 56,905 60,715 63,490 66,565 75,610 78,655 82,150 Tier 2. Water usage +15,000 gallons to 30,000 gallons 7,500 7,500 7,560 7,806 8,139 8,683 9,080 9,520 10,814 11,249 11,749 Tier 3' Water usage +30,000 gallons to 50.000 gallons 5,000 5,000 5,040 5,204 5,426 5,789 6,054 6,347 7,209 7,500 7,833 Tier 4: Water usage +50,000 gallons to 80,000 gallons 6,841 6,841 6,896 7,120 7,423 7,921 8,283 8,684 9,864 10,261 10,717 Tier 5: Water usage +80,000 gallons 15,500 15,500 15,624 16,133 16,820 17,946 18.766 19,675 22,348 23,249 24,282 Total Water Volume Sold 87,281 87,281 87,980 90,843 94,713 101,054 105,673 110,791 125,845 130,913 136,730 Sewer (per 1,000 gallons: 2,337 2,337 2,356 2,432 2,536 2,706 2,829 2,966 3,369 3,505 3,661 Commercial and Industrial Water Basic Service fee (per meter or per unit 109 109 109 109 112 114 120 124 132 135 143 Sewer Basic Service fee (per meter or per unit ( 109 109 109 109 112 114 120 124 132 135 143 Water (per meter or per unit) Tier 1: Water usage per first 10,000 gallons 6,540 6,540 6,540 6,540 5,690 6,840 7,215 7,440 7,890 8,115 3,565 Tier 2: Water usage +10,000 gallons to 25,000 gallons 1,000 1,000 1,000 1,000 1,023 1,046 1,103 1,138 1,206 1,241 1,310 Tier 3: Water usage (.25,000 gallons 1,000 1,000 1,000 1,000 1,023 1,046 1,103 1,138 1,206 1,241 1,310 TIC( 4: Water usage +.29,000 gallons to next Tier 3,000 3,000 3,000 3,000 3,069 3,138 3,310 3,413 3,619 3,722 3,929 Tier 5: Water usage +36,000 gallons to next Tier 19,416 19,416 19,416 19,416 19,861 20,307 21,420 22,088 23,424 24,092 25,428 Total Water Volume Sold 30,956 30,956 30,956 30,956 31,666 32,376 34,151 35,216 37,346 38,411 40,541 Sevier (per 1,000 gallons) 10,000 10,000 10,000 10,000 10,229 10,459 11,032 11,376 12,064 12,408 13,096 TOTAL ESTIMATED WATER BILLED 1N 1,000 OF GALLONS) 118,237 118,237 118,936 121,799 126,379 133,430 139,324 146,007 163,191 169,324 177 271 20 200,000 180,000 vc' 160,000 a 70 140,000 120,000 43/1 100,000 - - - c rvi 80,000 zo 60,000 40,000 20,000 AS, Estimated Total Gallons of Water Sold .41 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Existing Customers (as of 2011) New Customers Utility Rates The chart includes ‘vat-ei- ! sold to both commercial and residential property. The increase in volume of water sold to new custom- ers is based on the projected new connections (from new development) that is esti- mated to occur in the future years. The analysis assumes the volume sold to existing customers (2011 is the base year) remains constant. 21 FINANCIAL PLANS 1.4.1.1I114 Y.1.40441.1411,*1114...4.141,41ii41.1.111,11.11.411.11. 13ased on _historical financial performance, current util- ity rates and structure, and anticipated future capital projects, the following financial plans (pro forma)have been prepared for the utility funds. Key Assumptions The financial plans for each of the utility funds was developed based on several key assumptions w,hich are as follows: • Operating expenditures, including personnel costs and materials supplies and all other operating ex- pense (v ill increase by 2 percent per year. No change in existing tructure for tees and charges. Depreciation is held constant in the financial plans. Future depreciation expense will increase with the addition of infrastructure assets but for the pur- poses of this report the amount was held constant. Future updates to the financial plans will need to consider funding of depreciation and replacement of infrastructure. • Current capital improvement plan will be imple- mented at estimated project costs and sources of funding. This includes an increase in future debt service for payment on bonds to be issued, Utility fees for use of the system .e., volume of water) are shown to increase at the rate of_ 3 per- cent per year for years 2013 to 2021. The percent increase is across all elements of the City's current rate structure, including the base and tier rates. Actual year to year activity (i.e., volume of water sold, operating expenditures, etc) and actual ex- penditure on capital projects will determine what actual rates will need to be set at in order to main- tain adequate cash in Ihe utility funds, • Connection and availability charges are shown to increase at the rate of 3 percent per year. Revenue from these charges will be needed to pay for the expansion of the system and the planned capital projects and related debt service. Water connection charge is increased from $140 in 2012 to $3,000 beginning in year 2013. The water connection charge is than adjusted annually at the rate of 3 percent. • Sewer connection charge is implemented begin- ning in year 2013, The City presently does not charge for sewer connection. Initially shown to be set at $3,000 than adjusted annually at the rate of 3 percent. • Metropolitan Council Environmental Services (MCES) connection charge is shown_ to increase by an estimated 2 percent per year. The actual annual amounts will be set by MCES. • The proposed future utility fees and charges are shown to increase at a level that is adequate to maintain a positive cash balance in the funds and to meet a goal of maintaining cash balance at 50 percent of operating expenditures. Financial Plans 22 414 .1144, A1411 CITY OF LAKE ELMO WATER FUND FINANCIAL PLAN Financial Plans Projected 1 2 3 4 5 6 78 9 Prates 010 PU 21(1 '11JJA1v1 1016 aLtz 10 SOURCE OF FUN1261, Op, rtnIieromei BrIling Revenue API TOTE& 5(17,464 S11,474 4403.01 578,165 609,7117 650,341 705,369 761,744 4716,466 938377 1002,178 1,081,357 Bulk water sales FLAT 6.667 6,000 6.000 6,000 6,000 6.000 6.000 6.000 6,100 6.000 5pe4ial assessments SEE AUDET 3,774 (3221 7250 4,000 4.000 4,000 4.000 4,000 1,00e 4,000 4 NO .1,0017 W,rier muter ,,r(les SEE SCHED 11,171 9,163 5.000 E3,652 31,613 43,272 73,946 52,167 53,737 55,341 57,003 38,715 Trunk Line Fees SfF 30460 76.000 74 1170 4 8,018.1 600000 977,000 1,129,859 1.096,552 759,713 347,782 358,716 164.481 190016 Connection lees SEE ('-.71)Er 7/1,000 118.107 175,049 768.4811 235 357 255,040 155,835 266 113 C33,161 Inveratnent ear rends: 1006" 9,903 4,000 7.199 11,566 2017-1 16.956 20582 25130 1843E. 36.626 42 981 Rents 123 45,226 48,555 36,000 77,600 27,600 77,600 27.600 27,600 27,600 27,5.00 27,600 .11 600 I Mai Operating Sources 651,165 659.537 535.500 1.260.216 1,735. l60 2,056,251 2,210.902 1,688.573 1,537,45i 2,173,403 1,588 007 1,743.425 tton-Operating Bond Proceeds 51.E CP 73,928 56.226 3.540,000 2000000 Grauts SEr EIP 1,0110,000 Intergovernmental SEE op 1,000,000 Irst In Porn Other/111-/Elevel5)per SEE C1P 400.000 750,000 3341000 Assessment/Litigation judgment ESTIMATE 1r5t In Ircen Other/Our, From EJth Funds SEE AUDI7 50 000 50.000 25,000 Contribution of capital assets SF( 4110f1 187.401 Total Nor, np Sources 261,329 1062726 25,000 5,540,000 400,000 - 2.250,000 330.000 Total Source of Funds 912,494 765,763 560,500 6.800,216 2,135,160 2,056.29,1 4,466.902 2,7187573 1,537.851 7,173,8-03 1,5e_0.1700 1,713,879 USE OF FUNDS: Operaung Personnel No0Personnel Depreciation' 10Cre400 O&M Porn frau, 094eux !Mal Operating USOS r Jon- Operating 110pf0VC•mentsi,uquismon Surlace War La 10an Payment 60 MA el Rev Elarld 2002B (30 Water Rev Rend 2005A 73137 het Bond 20094 (Refund 200281 Cr0 Ref Bonn 201.14 (Refund 2005A) lune, 62ele Service on Bolds 11und 19173roaint Anion1iratran1 Other lAderitinertup TO (aril tr, Other/Lk,,. 56 Orn Funds Total t40n731peratIng Total Use of Funds NET DIFFERENCE SOURCES AND USES CASH BALANCE Available Cash Balance PIP po,-,cs Maintain 501, of operating expense as reserve I' let ataulable lor capital Ending Cash 84141-87 aca 102,711 103.651 105843 105.922 108,040 110.201 112,405 114,653 116,9,16 11'2285 121,671 124.1(14 .772,216 720,119 259,7,35 2E4.920 270,218 775,622 281,135 286,757 292 493 296,342 304,309 310,393 324,810 324.192 340100 340,000 2e10,4610 340,000 340,000 140,000 340900 346,600 340,01.10 340000 699.745 617.962 703.510 710.841 718,258 725,823 733,540 741,411 749.439 757,628 765930 774,500 SEE CIP 33,320 12,831 5,540,0031 400..700 1,500000 ',FE CIP 56.226 SEE CIP SEE ELP 175,025 175,025 175.025 300,025 320,650 315,250 SEE CIP 51.131 55069 54,680 53.680 52,480 51.260 SEE 614 SEE DELI 95,958 125.955 125.779 SEE ClP 7,418 72116 7,418 6.277 6,277 6,277 RE( IT) .4,017 7,402 1 mils SEE AU0FT 3,175,000 600,000 Cay hasna identilled but does anocIpare there MI he future capital spending in years 7018 lo 7021 nut accounted for here 49,880 53,6E10 52.128 55.575 53.850 51373 761043 772,143 79,3343 261,043 279,843 770.64a 166.818 466,56C 462,348 397,473 392,023 -0)7 833 6,277 6.277 1...10 6,277 6,277 6 7/'E 325,522 262,161 237,127. 5995,940 905,365 1,999,585 3,679,018 1,396.6E3 814,095 1.025.767 910,123 940,693 6.70,1,781 1.623,623 2,174.408 4.112 557 7.740.073 1,563.534 743.365 732,893/21,67a 1.500,995 1,498,6/3 14146.1 /7 (75,6831 93,135 (117,7731 (144,3601 56,344 511.537 1668,11,11 t380.1931 323,981 351,755 241,427 400.873 565,40S 752,658 355,471 3644E2 719.883 356,129 362.912 800,4E6 1,654,4'17 1,159595 2,017,409 366.770 1328802 1,6'75.572 370.705 1,777,4E8 7,098.193 374,719 2,148,750 2,522,970 178,814 2,461,750 71843563 2-17,651 382,990 3,479,658 72E362,648 387.25U 3,910.605 4,29E3,053 398,867 17163,115 4.6413964 23 Nrdes Financial Plans CITY OF LAKE ELMO SANITARY SEWER FINANC/AL PLAN Projected 1 2 3 4 5 6 7 8 9 10 2010 2011 2012 Budget 2013 2014 2015 2016 2017 2018 2019 2020 2021 SOURCE OF FDNDS: Operating - Customer Billing Revenue -13,508 53.012 50,000 57.268 59 352 62.770 66,674 72,311 77,065 85,416 90,713 66.399 Interest ncome 1'9 631 417 100 (166,) 4.865 12.863 22.311 32 689 39.338 39.171 46,704 37.770 Special assessments SEE AUDIT . - . . . Tivik Line fees SEE SCHED 2,400 1,785 600,060 927.000 1,129,959 1,096,552 759,718 5347,782 358,216 184481 190.016 Connection fees SEE SCI4D 28,000 118,107 175.049 283.480 236..357 255,040 755,935 263,113 333.161 MCES fe,--. collected 446,000 730,500 881,714 047,414 531,409 253,572 263.8441 137,110 139,852 Total Operating Sources 51.536 55,214 50,100 1,131.101 1,839,823 2,262,253 2321.430 1,582,485 992,797 1,507.431 727.121 808.653 Non -Operating. Bend Proceeds sEE CIP 3.500,000 1,200,000 1,100.000 Grants SEE CIP 1,000,000 - Intergovernmental SHOP 180,000 180,000 Trs1 In from OtheriTIF/Developer SEE dB 400,000 420,000 420,000 Total Non -Op Sources 4,500,000 1,600,000 1,100,000 600,000 600,000 Total Source of Funds 51.539 55,214 50,100 5.631,101 3,439,823 3,362,253 2,921.430 2,232,465 982.797 1,507,481 727,121 308,663 USE OF FUND Operating, Personnel 29: 22,996 22,837 23.403 23.871 24,348 24,335 25,332 25.839 26.356 26,883 27.420 27.96? NonPersonnel 29:, 29,777 41,521 70.400 71,808 73,244 74,709 76,203 77,727 79,282 80,867 82,435 84,135 MCES Payment (,off5et oy fee collected) 446,000 730,500 881,714 847,414 581.409 2631572 2.63,344 137,110 139.02 DeprecIation 29; 9,740 9.000 9.200 9,200 9,200 9,200 9,200 9 200 5,200 9.200 9.200 9,200 Increase in O&M from future Improv 2'1 Total Operating Uses 61,513 73.358 103 00? 550.879 337.293 990,459 958.149 694.175 373,410 385,764 256,215 261.15E Nun -Operating Cartal SEE (IP 4.500,000 1,600,000 Lioo,ao 600,000 600,000 300.000 City hasn't identified but does anticipate there will be. future capital scending In year:: bisting Debt Seivice SEE DE3T 2019 to 2021 not accoupred for heie Future Debt Service an Bonds to be Issued SEE 0085 36,235 211,910 336,260 334,610 332.660 330,310 Other (Ad)ustments) REC TO AUDIT 17,015 (6,980) 'fist out to Other/Due IQ Oth 04005 NONE Total Non -Operating 17,015 (6,980) 4.596.285 1,311.910 1,436,260 934,510 932,660 630,310 377,560 423,435 467,335 Total Use of Funds 78,528 66,378 103,003 5,137,164 2,646,203 2,426.718 1,992.759 1,626,835 1.003,720 733,354 679,650 728,951 NET DIFFERENCE SOURCES AND USES (26,989) (11,164) (57,9031 493,937 790,621 935,535 1,028,671 655,649 (25.922) 744,177 47,470 79,697 CASH BALANCE Available Cash Balance Purposes Estimate of 506 of operating expense for reserve 36,679 51,502 275,440 418,645 495,229 479,074 347,038 189,205 192,397 128,108 130,578 134,495 Net available for capital (7,453) (24,40) (292,081) 67,850 791,088 1,751,973 2,921,836 3,744,568 3,724,153 4,542.270 4,596,470 4,581,449 Ending Cash Balance 29,226 27,062 (16,641) 436.496 1.286.317 2.231.052 3.263.923 3,933,773 3,917,050 4.670,377 4,727,047 4,815,044 24 1141 646MMIL 44.4 . 1141, LEI 4.111k . kk. Luu,SIML 1 1 A 114 41 41 /I I .141.11.6,111. 4./.111, Notes CITY OF LAKE ELMO STORM SEWER FINANCIAL PLAN Financial Plans Projected 1 2 3 4 5 6 7 8 9 10 2010 2011 2012 Budget 2013 2014 2015 2016 2017 2018 2019 2020 2021 SOURCE OF FUNDS: Operating Customer Billing Revenue 185,245 235,252 150,000 228,378 235,229 242,286 249,554 2.57,041 264,752 272,695 280.876 289,302 Interest income 1% (83) 468 71 685 1,341 2,040 2,783 3,574 4,413 5,304 6,247 Other Miscellaneous SEE AUDIT 32,721 17,000 17,500 . _ Total Operating Sources 217,883 252,720 167,500 228,449 235,914 243,627 251,594 259,825 268,326 277,103 286,179 295,549 Non -Operating' Band Proceeds SEE C1P - Grants SEE C1P TO In from Other/T1E/Develooer SEE OP Total Non -Op Sources Total Source of Funds 7,17,883 252,720 167,500 228,449 235,914 243,627 251,594 259,825 268.376 277,108 286,179 295.549 USE OF FUNDS: Operating, Personnel 2'.., 39,855 41,134 40,532 41,343 42,169 43,013 43,873 44,751 45,646 46,559 47,490 -18,435 NonPersonnel 2% 96,341 95,062 123,200 125,664 128,177 130,741 133,356 136,023 138,743 141.518 144.348 147 235 Depreciation 2'2,, 15,188 15188 15,188 15,188 15,188 15,188 15,188 15,188 15,188 15,188 15,188 15,188 Total Operating Uses 151,384 151,384 178,920 192,195 185,535 188,942 192,417 195.961 199,577 203,265 207,026 210,863 Non -Operating: Capital SEE GP Evicting Debt Service NONE City hasn't identified but does anticipate there will be Future Debt Service on Bonds to be Issued SEE DEBT future capital spending in years 2018 to 2021 not Other (Adfustments1 REC TO AUDIT 81,687 113,197 accounted for here, Trs( out to OtheriDue to Otn Funds NONE Total Non -Operating 81,657 113,197 _ , Total Use of Funds 233,071 264.581 178,920 132.195 185,535 188,942 192,417 195,961 199,577 203,265 207,026 210.863 NET DIFFERENCE SOURCES AND USES (15,188) (11,361) 420) 46,254 50,380 54,685 59,177 63 863 68.749 73,844 79,153 84,686 CASH BALANCE Available Cash Balance Purposes, Estimate of 50?0 of operating expense for reserve 75,692 89,460 91,097 92,767 94,471 96,208 37,981 99,788 101,632 103,513 105,431 108,534 Net available for capital 75,6921 (86,133) (84.002) (24,230) 39,634 107,770 180,363 257.606 339,700 426,851 519,274 615,985 Ending Cash Balance - 3,327 7,095 68537 134,105 203,978 278,343 357,395 441,332 530,364 624,705 724,579 ,--.--- 25 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 City of Lake Elmo Water Fund Projected Cash Balances at Year End 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Appendix The Capitol Improvement Plan anticipates the use of cash in years 2015, 20.16, and 2017 for capital projects in lieu of bonding,. Year 2015 includes the largest use of cash for capital, estimated zit $1.5 million in this year. The City may determine to increase or decrease the planned issuance of bonds depending on the actual amount of cash available in the in future years to pay for project costs or future debt service. The decision will depend on the amount of cash available which is a factor of the rate of growth from new development and the timing of collection of connection and availability charges and capital spend- ing. 26 OA. Sanitary Sewer Fund $5,500,00o Projected Cash Balance at Year End 4 500,000 $3,500,00C $2,500,000 $1,500,000 $500,000 ($500,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Appendix The Citv's CIP anticipates bonding to pav for capital improvement !Projects, with the exception of $300,000 in year 2018 The City may determine to increase or de- crease the planned issuance of bonds depending on the actual amount of cash avail- able in the in future years to pay for project costs or future debt service, The decision will depend on the amount of cash available which is a factor of the rate of growth from new devel- opment and the timing of collection of connection and availability charges and capital spending. 27 800,000 $700,000 $600,000 500,000 400,000 300,000 $200,000 100,000 0 City of Lake Elmo Storm Sewer Fund Projected Cash Balances at Year End 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Appendix The steady increase in cash balance in the Storm Sewer Fund is due to the assump- tion that the annual charge for service ‘vill increase by 3 percent annually and growth in expenditures ‘vill increase by 2 percent an- nually. The Storm Sewer Fund has no outstanding debt or planned use of cash for cdpilal imp ro vemen at this time. Possible addi- tion of capital spending in the future ‘vill impact the projected cash balances. If there is no future introduc- tion of plans for capital im- provements, the City may determine that future rate increases may not be neces- sary at the level included in the report. 28 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 so Water Fund Source and Use of Funds 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Budget Source of funds Use of funds Appendix The annual projected source and use ot funds varies due to the timing of capital im- provement projects and planned use of cash. The other major factor is yviy- ment of debt service. For example, in year 2015 and 2016, the City plans to use $1,500,000 and $925,000 of cash for capital improve- ments, respectively by year. 29 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $0 2011 2012 Budget Sanitary Sewer Fund Source and Use of Funds 2013 2014 2015 2016 2017 2018 2019 2020 2021 Source of funds Use of funds Appendix Projected source of funds exceeds usi of funds, with the exception of year 2018, In year 2018, the City antici- pates the use of $300,000 ot cash from the fund for capi- tal improvements. 30 1$350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $0 City of Lake Elmo Storm Sewer Fund Source and Use of Funds 2011 2012 2013 2014 2015 2016 Budget 2017 di Source of funds Use of funds Appendix The sou rce of funds is pro- , , T 11.-T led to exceed the use of funds each year due to - the projected 3 percent in- - crease in the tee charged _ and 2 percent increase in annual operating expen- ditures, The Storm Sewer Fund has no outstanding debt or planned use of cash for capital improvements at this time, Possible addi- tion of capital spending in the future will impact the projected cash balances and the draw -down of fund bal- 2018 2021 ance. The City may deter- mine to reduce the planned increase in the tee depend- ing on actual expenditures. 31 2019 2020 $14 0 $12 0 $ 100 $80 $60 City of Lake Elmo Example Residential Quarterly Water and Sanitary Sewer Bill Based on 10,010 Gallons Per Quarter IirI 1,1! Mar. L 1 15;11_ 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Water Sanitary Sewer Appendix The quarterly charge amounts shown in this chart are based on the fee schedule shown on page 19, 'The estimated volume of 10,01 0 is for household wa- ter usa_-,,e. Property with a sprinkler system will have a higher average volume . 32 $600 $500 $400 $300 $200 $100 so u..L. w City of Lake Elmo Example Commercial Quarterly Water and Sanitary Sewer Bill Based on 45,500 Gallons Per Quarter fl .41gosterw 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Water rf4 Sanitary Sewer Appendix The quarterly charge amounts shown in this chart are based on he lee schedule shown on page 'l(L 33 4Xxxxxxxxxx.oxi. X 14141, 200 180 160 a 140 0 tlt 0 4• 60 12C 100 80 40 20 Comparison of Estimated Utility Bills Example Single Family Res Property Total Charge for Equivalent Three Month Period with 20,000 Gallons of Usage (Fee Data Available From Year 2012) Stillwater Woodbury Oa cale Maplewooc Ma itomeci Mite Bear Roseville Cottage la lake Grove e Elmo Storm Sewer al Water Appendix As the City of Lake Elmo's number of customers and volume of water sold in- creases, the City will have more customer units (and volume) to spread its fixed costs over and as a result the City of Lake Elmo's utility rates should begin to align more closely with other more developed cities utility rates over time. 34 700 600 500 400 300 200 200 100 300 28 City of Lake Elmo Projected New Residential Equivalent Connections As Prepared by the City of Lake Elmo 115 355 335 264 - - - E 165 - - - 2013 2014 2015 2016 New Units Platted / Developed 633 2017 2018 2019 263 218 2020 2021 LuNew Unit Connections Appendix City staff identified total possible new residential equivalent units to be plat- ted / developed bv year. To be conservative, tor finan- cial planning purposes, the study assumes that appro\-- imately 50% of the total possible units viII be plat- ted /developed„ The figures shown in the chart are the units assumed for financial planning purposes, The "spike" in unit con- nections in vear 2019 can be attributed to anticipated connections for units in Cimmaron Park. Water and sewer availabil- ity charges will be collected at time of plat or develop- ment, Water and sewer connection charges will be collected at time of building permit / connection to the systems. 35 NORTHLAND SECURITIES 43, SOkitii 7th Su.gte 2000 s5402 i-30C-SS22920 6120 vvvvv‘,-,nctc1,1-.;ancise,..iunts,c,of-n FINANCIAL PLANNING AGREEMENT BY AND BE EN THE CITY OF LAKE ELMO, MINNESOTA AND NORTHLAND SECURITIES, INC. FINANCIAL PLANNING SERVICES This Agreement made and entered into by and between the City of Lake Elmo, Minnesota (hereinafter "City") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "NSI"). WITNESSETH WHEREAS, the City desires to use the services of NSI for financial planning for the City's water, sanitary sewer, and storm water utility systems, including, review of user charges and rates (hereinafter "Project"). WHEREAS, NSI desires to furnish services to the City as hereinafter described, NOW, THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NSI The scope of work to be performed by NSI is based on the following Factors, as defined by the City: 1. User charges for water, sanitary sewer, and storm sewer service need to be reviewed to ensure adequate operating revenues and reserves are maintained. 2. The analysis of user charges must consider current and future capital improvements. 3. City is seeking an independent review of the City Finance Committee's pro forma model for the enterprise funds. 4. City is seeking a specific financing plan for storrnwater projects that includes a combination of use of 20% of the Storm Water Utility and the balance from general property tax revenue. 5. City is considering the creation of a special storm water district in the downtown and seeks to understand how the district would operate. 6. City is seeking to understand the pace of growth needed to cash flow the City enterprise funds. 7. City desires to understand the potential for lowering water rates in the future. Scrvicc A,c,7retaneni — Financial Piannins Scrvices NSI will undertake the following Tasks: 1. Conduct kick off meeting with City Staff to review project objectives, set meeting schedule and collect background data. 2 Review background information about water, sanitary sewer, and storm sewer utilities. The City has the responsibility for collecting and providing NSI with information needed to conduct the study. Information sought by NSI includes: a. City Finance Committee's pro forma model for enterprise funds, b. Annual financial statements for utility funds for years 2012 and 2013. c. Operating budgets for 2013, 2014, and 2015. d. Current user rate schedules. e. Water system operating data including number of customers, by type, and quantity of water sold in 2012 through 2014. f Sanitary sewer system operating data including number of customers, by type, and basis for sewer billing in 2012 through 2014. g. Storm sewer system operating data including number of customers, by type, and basis for storm sewer billing in 2012 through 2014. h. Plans for capital improvements in years 2015 through 2019 (and future years if available) including type of improvement, estimated cost, funding source, and timing. 3. Update financial model for sanitary sewer, water, and storm sewer systems. NSI will update spreadsheets that model the unique characteristics of the City's utility systems. Pace of growth will be analyzed and assumptions for future growth defined. The model will be used to analyze and explain the implications of alternative user charge structures. At a minimum, the model will analyze changes in: operating expenses; system usage; customers; capital improvements; and funding options. 4. Review results. NSI will meet with the City to review results of the analysis. 5. Report initial findings and recommendations. NSI will prepare a report that explains the results of the analysis in Tasks 3-4 and addresses each of the services to be provided (Factors 1-7) by NSI. The report shall include a recommended course of action. This scope of work includes up to two (2) meetings with the City to review results, COMPENSATION For the services specified, NSI will be paid an amount not to exceed $5,000, The amount is based on the estimated number of hours required to complete these tasks at an hourly billing rate of $185/hour plus reimbursable expenses for travel, printing, and mailing. NSI will bill on a monthly basis for actual services performed and reimbursable expenses. A.SSIGINED NORTHLAND EMPLOYEE The NSI employee responsible for providing services pursuant to this agreement and for the services performed is Tammy Omcial. Senficc fi7,reenteni — Financial Pianwpc(j Scrwces Payf. 2 SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the City and NSI and their successors or assigns. DISCLAIMER In performing service under this agreement, NSI is relying on the accuracy of information provided by the City and the services provided by Northland are based on current State Law. The parties agree that the Minnesota property tax system and other laws may change and may affect the accuracy and validity of services provided by NSI. NSI will perform its work using the best available information. The City recognizes and accepts that future property values, tax levies and tax rates may vary from the assumptions used by NSI and such changes may affect the work product produced and provided by NSI. TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the City or NSI. In the event of early termination by the City, NSI shall provide the City with an itemized hourly statement of services already provided. All billable hours by NSI shall be billed at the stated hourly rates should early termination occur. Dated this day of February, 2015. Nort By: T and Se ce President City oftake Elmo, Minnesota By: City Administrator SCrViC(.` — Fi, iiicwi Piannin,c- frop: IL C111' OF LAKE ELMO AYOR & COUNCIL CO UNICATION DATE: REGULAR ITEM #: February 24, 2015 19 AGENDA ITEM: Proposed Ordinance Amending 97.21 Watercraft and Water Surface Regulations SUBMITTED BY: Dean Zuleger, City Administrator at the request of Council Member Justin Bloyer THROUGH: Mayor Mike Pearson REVIEWED BY: Dean Zuleger, City Administrator SUGGESTED ORDER OF BUSINESS: Introduction of Item .................. Report/Presentation ..... .......... Questions from Council to Staff Public Comment ...................... Call for Motion Discussion................................. Action on . ...... .......City Administrator ..... .......City Administrator ...... ......,...... ...... ..........Mayor Facilitates .... ......... ........ ....... ...... ........ Mayor Facilitates Mavor & City Council ......... . ......... ...............................Mayor & City Council ..... ...... ...... M a yo r Facilitates SUMMARY AND ACTION REQUESTED: To approve amendments to City Ordinances regulating watercraft regulations (ss 97.21 (2) ), to lower the no wake level on Olson Lake and Lake Demontreville from a negotiated 929.7 to the recognized MNDNR Ordinary High Water level of 929.3. FISCAL IMPACT TO CITY: TBD. Cost of study to determine the ecological / economic impacts that provide a "credible reason" for reducing the negotiated no wake level of 929.7 to the MNDNR O1IW of 929.3 BACKGROUND INFORMATION: In 2013, the City of Lake Elmo amended its City Ordinances regulating water craft and water surface regulations and submitted the changes to the MNDNR, which approved the ordinance on July 3, 2014, (See Attached Ordinance) STAFF REPORT: In 2007, the VBWD constructed Project 1007, that placed a weir drain in Olson Lake that drain to a series of ponds and pipes to alleviate high water levels and prevent ecological / economic impact. Prior to 2007, the MNDNR Ordinary High Water Level for this lake system was 930.0. After the weir was constructed, the Ordinary High Water level was reset at 929.3. The Ordinary High Water Level is generally considered the level were terrestrial plants meet the aquatic plant level on a lake shore (see attached diagram). In a -- page 1 - - City Council Meeting (Regular Agenda Item '117) February 24. 2015 plurality of lakes researched over the last three years that have some tuna of no wake restriction, there is no standard or formulaic way to establish a no wake level, but admittedly many lakes default to the OHW for uniformity purpose. In conversations with MNDNR staff there seems to be little objection to using the OHW as a no wake trigger. During the summer of 2011, the Olson/Demontreville lake complex experienced high waters that caused the City Council to construct an emergency no wake level of 929.7 using a simple formula of halving the pre-2007 OHW and the post-2007 011W. The issue was fraught with emotion clue to the expediency in which the issue was handled. In the winter of 2012, staff worked with the MNDNR to craft an ordinance that would meet with all party's approval to establish a negotiated no wake level of 929.7 on Olsen Lake and Lake Demontreville. Specifically, MNDNR did not want to specify a specific elevation level for no wake imposition on Lake Olson and Lake Demontreville and they wished to make the City Code consistent with MN Statute 86 - governing motorized water craft operation. After several months of MNDNR review and text changes, staff brought a draft ordinance to the City Council for their review on June 5, 2012. At this time several lake shore residents expressed their dislike for the draft as they felt that the statutory nonning that took place defeated the intent and purpose of the ordinance. It was agreed that the City Administrator and members of the Tri-Lakes association would meet with MNDNR officials to discuss specific concerns about lake elevation levels and a provision of state statutes that creates a slow, no wake speed for personal watercraft within 150 feet of shoreline. A delegation from Lake Elmo consisting of Mayor Dean Johnston, Administrator Dean Zuleger, Tri- Lakes President Justin Bloyer and Lake Olson Association President Roger Johnson met with MNDNR's Kim Elvertnn, Boat & Water Safety Coordinator, to broker a compromise and clarify whether MN Statute 86 had preemption over local ordinances. At this meeting, it was agreed that if MNDNR technical staff agreed to the specific lake level definition of 929.7, the ordinance passed in July 2011 could stand permanently. The City Administrator spoke with MDNR technical staff (Schodeen) who had no objections to a pre -determined no wake level of 929.7. Appropriate changes were made to the ordinance and were reviewed by Mr. Roger Jolmson, Mr. Justin Bloyer and Mayor Dean Johnson for approval prior to final drafting. In July of 2012, the City of Lake Elmo and affected land owners residing on the shores of Lake Olson, Lake Demontreville and Lake Jane crafted an amendment to current city code that would regulate the use of three lakes in the area known as the Tri-Lake area of the City of Lake Elmo. After considerable debate, the parties reached a consensus on three main areas - with the item germane to this discussion being: I. A slow, no wake speed condition be set if the lake level of 929.7 feel above sea level is exceeded for five consecutive days for Lake Olson and Lake Demontreville; The City Council adopted these changes in July 2012, but the issue has been continually fraught with anxiety as Lakeshore owners wrestle with the important issues regarding, what is essentially, their backyard. Efforts over the years to determine the appropriate wake related use (especially time restrictions) have resulted in neighborhood surveys, long deliberations by the respective homeowner's associations, and exploration of additional changes that include but are not limited to eliminating wake on the lakes altogether. In the March of 2013, two City Council Members requested that the City's current lake use ordinances be modified yet again to create an expansion of use allowed under MNDNR statutes for the purpose of more -- page City Council Meeting, (Regular Agenda Rem 017) February 24, 2015 hours for wake creation a better ability to enforce proper use, and to allow additional time for Lakeshore owners to use their "back -yard" before the lakes are congested via use by the general public. The request came late at the March 5th City Council Meeting, In May 2013, a lengthy public hearing was held on the changes where a 5-0 vote was taken by the City Council to change the ordinance. City Staff prepared the ordinance Avith corroborating data ancl submitted the ordinance for MNDNR review. After several modifications to comply with MNDNR regulations were made, the MNDNR (July 2, 2013 — see attached) approved the ordinance (see attached) for implementation. During this time a no wake restriction was placed on Olsen Lake & Lake Demontreville for one week in the spirit of the understanding between the negotiating no wake level. In the Spring / Sununer 2014, due to large spring rains and the drainage of Long Lake, Olson Lake and Lake Demontreville exceeded the negotiated no wake level of 929.7 for a two different time periods that totaled 31 days with City staff checking the water level almost every day from May 1 to July 14th. (See attached Olson / Tri Lakes Level Data). Staff observed during this review period that the weir begins to strenuously drain the lake and pump into an adjoining pond at the MNDNR OHW of 929.3. On February 12, 2015, at a Council Member's request, the City Administrator inquired of Mr. Stan MNDNR Boating and Water Safety Manager, about what would bc needed to reduce the no wake level on Olson Lake and Lake Demontreville from the negotiated 929.7 to the MNDNR OFIW level of 929.3. Mr. Linnell noted that the MDNR would ideally need to see "data of ecological / environmental impact" before they would consider a change and that data should come in a form of a study. The City Administrator has inquired with two water resource consulting firms on the "what and how" the gathering of this data would entail and what the cost might be. As of the writing of this memo, no cost information has been received at this time. On February 19, 2015, Mr. Linnell, noted (after conversations with members of the City Council, VBWD, and citizen advocates) that while ideally a study Iwould be preferable, the MNDNR would need to minimally see a "credible, documented reason" to reduce the level. (See Linnell Email 2-19-2015). Per the MNDNR, a formal public hearing is requested to provide public comment on the proposed change in elevation. The soonest a public hearing could be held is March 17, 2015. ORDINANCE CONSTRUCTION If the Council pleases, the ordinance would change to read as followed: (2) High water conditions. No person shall operate any motorboat at greater than a slow, no -wake speed as defined by M.S. § 86B.005 whenever the lake level of Lakes Olson and Demontreville is above 929.3 feet above sea level (MSL), the Ordinary High Water Level (OHWL) as defined by M.S. 103G.005 and set by the MN Department of Natural Resources. This restriction will remain in effect until the water level drops below 929.3 feet the OHWL as set by the MN Department of Natural Resources, and remains there for 3 consecutive days. KEY ISSUES During the course of the analysis, three main issues rise to the top of consideration: City Council Meeting (Regular Agenda lteiu 17) February 24, 2015 1. The weir constructed by the Valley Branch Water Shed District in 2007 begins to aggressively drain the lake at the MTh4DNR OHW of 929.3 (observable by staff over the last two summers); 2. The City has not experienced a MI normal season of boat use since the enactment of the 2013 ordinance change — with 2014 high water levels being compounded by a plugged drain pipe upstream at Long Lake: 3. It appears the MNDNR may request additional ecological / economic data that shows positive impact of lowering the no wake from 929.7 to 929.3. This data has been categorized as "a credible, reason" to make the change. Other than third party information on 2014 damage the City does not have a way to provide that "reason" at this time. RECOMMENDATION: Based upon the background information, a review of key issues, discussion with MINT)NR staff, discussion with lake shore owners, staff does not have a recommendation at this time without more information (a normal season of operation and study of the water level effect on terrestrial plants/shore erosion) on the impacts of the level change. However, if the Council wishes to change the level to the MNDNR OHW to create a formulaic approach to no wake enforcement, the motion would read: "Move to call for a public hearing on March 17, 2015, to receive public comment on whether to amend 97.21 of the City Code regulating watercraft and water surface regulations to technically change the no wake level on Olson Lake and Lake Demontreville from the negotiated level of 929.7 to the MNDNR OHW 01929.3 rvith all other ordinance language staying intact." ATTACHMENTS: Current Ordinance MNDNR Approval Lake Level Report OfIW Technical Drawing Linnell Email of 2-17-2015 -- page 4 -- CITY OF LAKE ELMO COUNTY' OF WASHINGTON STATE OF MINNESOTA ORDINANCE O. 08-074 AN ORDINANCE AMENDING THE PARKS AND RECREATION CHAPTER OF THE LAKE ELMO CITY CODE OF ORDINANCES GOVERNING WATER SURFACE USE Section 1. The City Council of the City of Lake Elmo hereby ordains that Chapter 97: Parks and Recreation, of the City Code is hereby amended in the following manner: WATER SURFACE USE § 97.20 PURPOSE. The purpose of § 97.20 et seq. is to establish the rules governing the use of the lake surfaces within the city. It is the intent of §§ 97.20 et seq. to promote the health, safety, welfare, and well-being of all, and to define the standards of behavior expected for all water users. (1997 Code, § 1380.01) § 97.21 WATERCRAFT AND WATER SURFACE USE REGULATIONS. The following regulations shall apply to the use of watercraft on lakes entirely within the city limits, to the use of a lake entirely within the city limits, and to the use of ice surfaces on lakes entirely within the city limits, (A) Dumping, No person shall clump or throw garbage, paper, bottles, cans, refuse, or debris into any lake or on the shore of any lake or in any public area around any lake in the city. (B) flours of operation. (1) Normal conditions. No person shall operate any motorboat at a speed greater than a slow, no -wake speed as defined by M.S. § 86B.005 in the following manner: a, Lake Elmo — between sunset and noon the following day, seven days a week h. Olson Lake. Lake Detnontreville and Lake Jane — between sunset and sunrise, Monday through Friday; and between sunset and 9AM on weekends and holidays c. All other lakes within the jurisdictional boundaries of the City of Lake Elmo — between sunset and noon, seven days a week, (2) High water conditions. No person shall operate any motorboat at greater than a slow, no - wake speed as defined by M,S. § 8613.005 whenever the lake level of Lakes Olson and Demontreville is above 929.7 feet above sea level (MSL). This restriction will remain in effect until the water level drops below 929.7 feet, and remains there for three consecutive days. No person shall operate any motorboat at greater than slow, no -wake speed as defined by M.S. 86B.005 whenever the lake level of Lake Jane is above 924.0 feet above sea level (MSL). This restriction shall remain in effect until the water level drops below 924.0 and remains there for three consecutive days. (C) Operating regulations. No person shall operate any watercraft in violation of the provisions of this code, or in violation of the provisions of M.S. Chapter 86B or Minnesota Boat and Water Safety Rules (6110,0100-6110.2300) which statutes and rules are hereby adopted and incorporated herein. (D) Buoys. No person shall place a buoy or structure on a lake overnight unless the buoy is specifically authorized by the Washington County Sheriff. No buoy or structure, other than shallow water marking or channel buoys shall be left overnight or placed contrary to MN Water Safety Rules 6110.1800. (E) Operation, All motorboats, operating in excess of a slow, no -wake speed shall operate in a counter clockwise direction on all City of Lake Elmo lakes seven days a week. Personal watercraft use is governed by M.S. 8611313. (I') Non-public lake access. No person, except riparian owners, shall launch a watercraft or gain access to or egress from a lake other than at a designated public access point except in the case of any emergency or except with the written permission of the riparian lot owner. A person who has written permission to launch a watercraft from a riparian lot shall park their vehicle(s) and trailers) on the lot of the riparian owner. Riparian lot owners who grant permission to use their property as a launch site shall otherwise comply with all of the land use regulations of the city. (C) Public launching areas. Except as noted in division (F) no person shall launch a watercraft or gain access to or egress from a lake except from a public right-of-way or other public park area in those locations specifically designated and posted for the purpose. (H) Non -motorized carry -on access. A person may access any public waters through public land with a hand -carried non -motorized watercraft in accordance with M.S. § 86B.201, Subd. 3. (1) Safe operating distance. (1) No person shall operate or permit the operation of a personal watercraft per M.S. 86B.313, in excess of slow, no -wake speed. within 150 feet of a shoreline. (2) Launching or landing a personal watercraft or towing a person on skis or other devices must be done by using the most direct route to or from open water, (J) Non -motorized -watercraft A non -motorized watercraft has the right-of-way over motor - powered watercraft except when it is the overtaking watercraft. Motor -powered watercraft should always keep clear ancl pass astern on non -motorized watercraft (Minn. Rule 6110,1200, Sub. 1, D). (1997 Code, § 1380.03) (K) Permanent "slow - no wake: areas. The channels and narrows between Lake Olson and Lake Demontreville are hereby designated as permanent "slow - no wake" areas and appropriate signs or buoys meeting the specifications found in Minn. Rules 6110,1500 shall be posted. (Am. Ord. 97-150, passed 3-1-2005; Am, Orcl. 08-014. passed 5-19-2009; Am. Ord, 08-050, passed 7- 19-2011; Am. Ord. 08-50. passed 11-1-2011; Am. Ord, 2012-58, passed 7-17-2012) Penalty, see § 10.99 § 97.22 WINTER LAKE USE REGULATIONS. (A) Dumping. No person shall dump or throw garbage, paper, bottles, cans, refuse, or debris into the ice of a lake or into any lake or on the shore of any lake or in any public; area around any lake in the city, (13) Clec-m-up. Ice house owners are responsible for c]ean-up of trash within 25 feet of the house. (C) Emergency access. No person shall gain access to or egress from the ice of a lake other than at a designated public access point except in the case of emergencies or except with the written permission of a riparian lot Miler. Persons Nvho have written permission to access or egress the lake from a riparian lot shall park their vehicles and trailers on the lot of the riparian owner. Riparian lot owners who grant permission to use their riparian property for access to or egress from a lake shall otherwise comply with all land use regulations of the city. (D) lee fishing holes. No person shall leave holes in the lake larger than 1 foot in diameter unless the holes are visibly marked for day and night, (17) Si:e c,,fishing house. No person shall place an ice house larger than ‘vhat is allowed by Minnesota State Statutes and is regulated by the fish and game authority. (F) Fires. No person shall have an open fire on the ice surface of a lake. (1997 Code, § 1380.04) Penalty. see § 10.99 § 97.23 PROHIBITED STRUCTURES AND USES. (A) Lake activilies Motorboat races are prohibited. Fishing_ tournaments, ski jumps, slalom courses, or other competition or exhibition events are allowed only as specifically authorized by state statutes and rules, the Washington County Sheriff Department. The City Clerk shall acknowledge by signature all lake activities authorized prior to any authorized event or installation of ski jumps or slalom courses for the purpose of public information dissemination. (B) Fee lake use. Unless specifically authorized by Council, and unless consistent with the city's zoning regulations, no riparian lot owner shall offer the use of their property for a fee or other consideration: (1) As ingress or egress to a lake: (2) For watercraft rental; For swimming, skiing, or watercraft lessons, unless provided by a non-prolit or water safety agency for the purpose of basic instructions: (4) For a V; aterera ft launch site, and/or (5) For any ancillary water or ice related use. (1997 Code, § 1380.06) (Ain. Ord, 2012-58, passed 7-17-2012) Penalty. see § 10.99 § 97.24 ENFORCEMENT. (A) Load Eq ,rcement. Pursuant to I\4N § 378.32, 459.20, the City of Lake Elmo assigns by service agreement the enforcement of Chapter 97.20-97,23 of the City Code to the Washington County Sheriff's Department. (B) Penaltie.s'. Penalties for non-compliance shall be governed by § 10,99 of the City Code and prosecuted by the City of Lake Elmo Attorney. (C) ExemptionsGovernment agencies engaged in resource management, emergency services or enforcement activities are exempt from the provisions of Chapter 97 when acting in the performance of their assigned duties. § 97.25 REVIEW. (A) The Lake Elmo City Council, upon request, shall review the effect of surface water use ordinances on the quality of life, water quality (including clarity), and lake use safety prior to "ice out" or the beginning of normal lake use season, The Lake Elmo City Council shall consult with 11/InDNR, University of Minnesota Extension, and the Washington County Sheriff's Department as a part of this review, Section 2. Adoption Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-074 was adopted on this Ayes and 0 Nays. M TEST: Adam Bell City Clerk This Ordinance No. 08-074 was published on the 4 01m day of Mike Pearson Mayor , by a vote of clayof 5F)--ctr:,,f,-)t 2013. June 15 929.72 June 16 929.74 June 17 929.85 June 19 930.11 June 20 929.11 June 21 over gauge -carriage bolt June 22 over gauge-3" from top of board June 23 930.36 June 26 930.83 June 27 930.66 June 28 930.69 June 29 930.61 July 3 930.37 July 7 929.66 July 8 929.68 July 9 929.65 Date 5-Jan-12 988.03 24-Feb-12J 987.78 16-Mar-12 988.11 4-Apr-12 988.29 20-Apr-12 988.38 3-May-12 988. 18-May-12 988.71 31-May-12 989.1 15-Jun-12 28-Jun-12 10-Jul-12 988.78 24-Jul-12 988.87 9-Aug-12 988.64 23-Aug-12 988.40 6-Sep-12 988.15 20-Sep-12 987.92 3-Oct-12 987.75 18-Oct-12 987.58 31-Oct-12 987.57 14-Nov-12 987.56 10-Jan-13 986.45 18-Jan-13j 987.28 28-Feb-13 987.53 26-Apr-13 988.81 8-May-13 989.03 22-May-13 989.28 4-Jun-13 989.22 20-Jun-13 989.26 27-Jun-13 989.78 2-Jul-13 989.64 11-Jul-13 989.33 15-JuI-13 989.25 25-Jul-13 986 99 1-Aug-13 988.86 15-Aug-13 29-Aug-13 988.45 12-Sep-13 988.19 213-Sep-13 988.09 11-Oct-131 24-0c1-1 2 5-Nov- 29-Apr-14 16-May-14 20-May-14 28-May-14 3-Jun-14 989.48 989.41 989.541 989.461 989.741 Monthly Change 0.30 Yearly Change 0.52 Discharge Elevation 988.51 Depth Over Outlet 1.23 VALLEY BRANCH WATER LEVELS DATE LONG 0-0 JANE SUNIFIS- EAGLE ELMO HORSE- DOWNS SILVER GRAVEL WLSS POINT SHOE LAKE PIT LOWER 2009 1/1 936.18 927.23 920,58 383,43 872.65 884.94 2/1 935,92 926.96 920.55 883.44 872.45 884,74 3/1 935.81 927.02 920.62 083.48 872.43 884.64 4/1 936.82 927,13 920.73 883.58 872.58 887.91 5/1 936.60 927.09 920.53 883.49 872.24 887.39 6/1 936.03 926.58 920.11 882.94 871.61 886.89 7/1 935.84 926.30 919.91 882,82 871.22 086,59 8/1 935.48 925,91 919.61 882.58 870,71 866.06 911 936,56 925,97 919.74 802.70 870.66 888.28 10/1 935,90 925.53 919.36 882.34 870.14 885.74 11/1 937.34 925,89 919.81 882.65 871.53 885.86 12/1 937.12 925.45 919.76 882.69 871.04 806,04 2010 1/1 937.08 925.67 919.96 882.72 871.14 886.14 2/1 936.67 925,50 919.91 3/1 9313.45 925,49 919.86 4/1 937.35 925.50 919.90 882.66 871.05 885.85 5/1 937.31 925.35 019.67 888.86 882.64 868.70 884.82 6/1 937.49 925.38 919,87 888,75 882.60 868.50 684.60 7/1 938.46 925.70 920.00 888.75 882.66 868.46 884.50 8/1 937.62 926,05 919.91 888,54 882.62 868.46 884.37 9/1 937.35 926.08 919.85 888.49 882.56 668.56 884.59 10/1 938.52 926,46 920.02 888.74 882.70 868,86 884.57 11/1 937.76 926.56 919.79 888.54 882.60 868.84 884,37 12/1 937,74 926.52 919.79 2011 4/1 939.14 927,79 920.26 394.45 883,68 871.78 886.16 5/1 940.07 929.14 920 67 889.62 894.58 883,53 872.68 885.42 6/1 938.99 929.22 920.77 889.78 894.55 883.76 874.79 885.32 7/1 938.77 929.30 920.99 890,00 894,76 884.04 875.63 885.22 899.10 8/1 940,86 929.34 922.11 896.76 884.81 875.78 989.48 866.68 911 939.68 929.09 922.20 890.90 896.08 885.06 875.73 887.61 989.07 866.77 862.16 10/1 937.60 928,70 921.85 890.78 894.23 884,26 875.53 887.04 968.51 865.14 860.68 10128 937.15 928.40 921.65 890.74 893.83 884.26 874.98 887.06 858.26 12/1 937.06 928.16 921.53 893.13 884,23 874.59 2012 4/1 937.53 923,25 921.80 893.73 884.31 875.52 988,29 862.45 5/1 937.40 928.25 921.67 891.78 803.60 884.33 875.48 886.56 988.55 865.56 857.78 6/1 938.36 929.03 921.94 692.24 894.35 884,36 875,70 886.32 089.22 865.70 861 00 7/1 937,75 923.97 921,87 892.24 894.25 884.21 875,43 886,16 989.64 864.93 8/1 937,26 928.83 921,72 691,92 894.04 864.22 874,76 885,72 988.68 9/1 936,32 928.35 921.33 891.68 893.25 883_89 873.86 885.41 988.15 10/1 935.60 927,09 920.87 891.00 993.21 883.65 873_00 884.66 907,75 11/1 935.58 927.45 920.74 890.88 863.61 872,90 12/1 935.60 927,27 920.74 690.56 883.11 872,90 884.50 2013 5/1 938,42 928.11 921,63 894.35 874.93 989.03 6/1 939.20 928.92 921.79 894.27 884.37 875.77 887.44 989.22 711 941.67 929.75 922.56 692 59 896.93 884.98 875.87 890.24 989.64 366.15 1362. 6/1 939.6U 929.07 922.09 894.55 884.20 875.88 889.46 989.66 866,01 881.68 911 937.64 928,80 921.67 893.78 884.04 874.68 888.57 988.19 858.13 10/1 936.39 928.41 921.39 891.53 893,63 883.94 873.82 887.94 98E3,11 11/1 936.18 928,32 921.41 891,75 893.57 884.14 873.40 887.64 988.06 11/20 935.72 928.17 921 41 891.75 893.57 884.18 873.48 887.62 20-14 5/1 940.52 929.18 922.11 396.92 884,90 875.54 839.51 6/1 941.76 929.7 I 922 55 395.88 304.58 876,00 890 58 866.54 863.00 Month cliff, 1 24 0.53 0 44 -0.14 ..0. 02 0.54 1.07 Year DV. 2 56 0.70 0.76 1 61 0 21 0.31 3.14 Overflow 937.50 928.35 622.35 927.89 3114.00 864, I 0 1375 20 /191 50 � f /X\|OnesU|U [/e1D)|DqAO| O SO0WawnloRoad " St, Pau July 2,2U13 Mr, Dean Zu|eger,City Administrator City nfLake Elmo 38O0Laverne Avenue N. Lake Elmo, Minnesota 55O4Z N�fU[M� 0p�0U[[/u� ��w|w.u} p\�uuv.�°� MN ° 55155-40 The State Boating Law Administrator has received your materials requesting approval of your water surface use ordinance, The Department ofNatural Resources (DNK) hopes to complete the review of these materials and have adecision back hothe city bythe end ofJu|y. However, should anEAWbe required, the dmeframe could be much longer, innesota DEPARTMENT NATURAL RESOURCES You have informed usthat water levels on Lake Demuotrevi|la arid Lake Olson have recently been above the high water level, slow no wake zone proposed in your ordinance 08-074, Motorboat wakes during high water periods may cause erosion, lake sedimentation and property damage. Due to the urgency around these facts, the State Boating Law Administrator has evaluated additional temporary approval of this|iem. After review., the high water, slow no wake /cine portion of your ordinance appears to be a measured and reasonable action to the current and potential future conditions. The DNHapproves the slow no wake elevation of 929.7 and above for Lake DemorkreviUe and Lake Olson w/iihoottha inclusion of the five day waiting period before implementation, but retaining the five day period after the water recedes below 920.7. P|oaseportnnticesa|pubUcacceositesandonthecitywebdteatdrnpsvvhenthe restriction is in effect and when it has ended. This approval is valid only until 0ctober3l, 2011 Continue your work with the department to establish a permanent approved ordinance, Sincerely, � � [OLKen So/ing,Wnaoxr Enforcement Division cc: [APT6neg Salo —DNRRe�jon]Lnhurcemert Manager iT]a»unPeterson — FAIR District 14Enforcement Supervisor CN1DRJerry Cusick —VVashinDtouCounty Sheriff's Office Rachel Hinionax'Area PAT Supervisor VY3UM File m0umormmowx,mmum: c-f") Introduction Minnesota Statutes, Section 103G.005, subdivision 14 defines "ordinary high water level" (OHWL) as the boundary of waterbasins, watercourses, public waters, and wetlands and: (1) the OHWL is an elevation delineating the HIGHEST water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; (2) for watercourses, the OHWL is the elevation of the top of the bank of the channel; and (3) for reservoirs and flowages, the OHWL is the operating elevation of the normal summer pool. The OHWL is the landward extent of DNR jurisdiction oeranYone who works iri thebed of public iivater§:701'pliblio waters WetlandS"(collectively referred to as public waters) - see Figure 1. It is commonly used in public waters work permits and by local zoning authorities to deter- mine lot size, structure setback, and drainfield location and eleyationtlilS:NoliT7 7,.'.'..',',,:'''''„...: .,.. ,9no..„„.'r..,:.'i" t. elevation;: '''''., „.....,,,.: ;'Ah'#V0:a4 water level, .,.- a '._; 'ai"1rne.tignwatera;..,el: por,arbitrary eiekatton,Set.b, y an individual, group or agency . 1 i has nosignificance with respect to privat oWnerShip,:- Record High Water Level Terrestrial (Upland) Vegetation (grasses, brush, trees) Aquatic Vegetation (giant reed grass, sedge, giant burreed, bulrush, cattail) Ordinary High / Water Level Average Water Level Record Low Water Level FIGURE 1 Note: The vegetation types ictentiriecl above art! common eNamples, but arc not all inclusivr.t., ZuIecie rnznn: Sent: Cc: Subject: Unne|\ Stan ] (DNR) ^stanJinneU6gstate.mo.us> Thursday, Febmaryl9, 2015 11:48Ay4 DeanIu{e8e/ Berg»rud' Margaret (DNR) Lake DemontavUeand Olson Proposed New slow nowake trigger e|ev. Dean, My understanding is that there is a proposal to lower the slow no —wake trigger elevation to the ordinary high water In order to change the elevation that triggers slow no -wake to go into effect, the following will be requirecl� l, Letter nfintent stating why the change is needed/provide reasoning such as: it has been found that environmental damage occurred or would occur at the current trigger elevation that would be reduced or eliminated at the proposed elevation. Provide any photos, reports, ortestimony that support the reasoning. ideally wewould have astudy, including photos, showing the elevation where environmental damage becomes asignificant concern. |[ the city were proposing toraise the elevation from the Current trigger, astudy would become more critical. Note that using the OHVVelevation osthe trigger iscommonly done, Z. Hold apublic hearing and provide uswith arecord ofpublic comments. Include comments received outside of the hearing aswell, 3. Submit anupdated water surface use packet. Since your last packet was sorecently done, provide updates only where changes have occurred, Please coordinate all correspondence hnmthis point forward tqMargaret Bergmmdatabove e-mail orbyphone at: 65l' 259'5590. Margaret who works in my section, now coordinates water surface use statewide. Regards, 5iao StanUnneU Boating and Water Safety Manager K8n/DNRParks and Trails Division stan]inneUpDxtate.mnAls 651'259'5626 'S,o\e Boating Law Administrator Public Water Access pmD/pm Fishing Pier Program Water Trails Program Lake Lake Byllesby Crystal Lake Lake Marion Lake Sarah Fish Lake Medicine Lake Lake Independence Lake Minnetonka Fish Lake Lake Zumbro Lake Gervais Long Lake Island Lake Upper & Lower Prior Lake Briggs Chain (Briggs, Julia and Rush Lakes) Lake Elmo Lake Demontreville Lake Olson Lake Jane Tanners Lake Cedar Lake E. & W. Lake Sylvia Howard Lake Lake Ann: Pleasant Lake County Dakota/Goodhue Dakota Dakota Hennepin Hennepin Hennepin Hennepin Hennepin Kanabec Olmsted Ramsey [Ramsey iRamsey !Scott Sherburne Washington Washington Washington Washington Washington Wright Wright Wright Wright Wright 3 day restriction no rio no yes no yes yes no yes ;no no no no no no City (CouRty at 858.2 feet at 934 feet above 983.6 feet at 981.1 feet above 892 feet above 889.4 feet at 957.8 feet above 929.8 feet at 950 feet (MSL) at 921 feet above 860 feet above 866.22 feet I at 947 feet above 904 feet at 964.2 feet yes _ labove 929.7 feet !above 929.7 feet no above 924 feet no !above 964 feet no at 999.17 feet 'no at 1050,08 feet i no iat 998.58 feet i :no i at 990.50 feet no I at 992.1 feet State OHW 856.6 feet 934.5 feet 983.1 feet 979,9 feet 891.8 feet 889.1 feet 956.8 feet 929,4 feet 950.2 feet 915 feet 859.64 feet 864.93 feet 946.76 feet 903.9 feet 964.2 feet 885.6 feet 929.3 feet 929.3 feet 924 feet 963.3 feet 998.7 feet 1050.1 feet 998.6 feet 987 feet 1041 feet only within 250 feet of shore only within 600 feet of shore and in a number of bays and small lakes goes off when it drops to 920,7 feet or below only within 300 feet of shore only within 300 feet of shore only within 300 feet of shore only within 300 feet of shore only within 300 feet of shore