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HomeMy WebLinkAbout000 - 8-1-17 Completed Packet NOTICE OF MEETING City Council Meeting Tuesday, August 1, 2017 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North AGENDA A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1. July 18, 2017 D. Public Comments/Inquires E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Accept 2nd Quarter Financials – General Fund and Utility Funds 4. Labor Agreement with Local 49ers, January 1, 2017-December 31, 2019 5. Authorize RFP for Enterprise Resource Planning System (ERP) Software for City 6. 2017 Seal Coat Project – Pay Request No. 1. 7. 2017 Street Improvements – Change Order No. 1. 8. CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Agreement Payment No. 2. 9. Approve Youth Services Bureau 2018 Agreement 10. Approve Sunfish Lake Park Ski Trail Grant – Resolution 2017-084 11. Approve Parks Commission Appointment G. Regular Agenda 12. Variance Amendment for 9359 Jane Rd N – Public Hearing – Resolution 2017-075 13. Hidden Meadows Easement Vacation – Public Hearing – Resolution 2017-082 14. Glenwood Homes Variance Request - 8690 Lake Jane Trail N. – Resolution 2017-083 15. Presentation and Acceptance of 2016 Comprehensive Annual Financial Report 16. Lions Park Improvement Project Bids H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES JULY 18, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Clerk Johnson, City Attorney Sonsalla, City Engineer Griffin, Planning Director Wensman, Fire Chief Malmquist, Public Works Director Weldon, Building Official Bent and Sergeant Osterman. APPROVAL OF AGENDA Item 7, “Approve Water Meter Replacements” was moved to the end of the Regular Agenda. Item 18, “Approve Amendments to Chapter 72: Parking Regulations & Chapter 73: Parking Schedules of the City Code” was removed from the agenda. Councilmember Bloyer, seconded by Councilmember Nelson moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the July 5, 2017 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street N., announced that there will be an ice cream social held at the historic courthouse in Stillwater on Thursday, July 20th and commented on clean up of Kleis Park. PRESENTATIONS The Cimarron Rowing Club presented information on the history of rowing in Lake Elmo and the upcoming NWIRA Championship Regatta. CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept June 2017 Assessor’s Report 4. Accept June 2017 Building Department Report 5. Accept June 2017 Fire Department Report 6. Accept June 2017 Public Works Department Report LAKE ELMO CITY COUNCIL MINUTES JULY 18, 2017 Page 2 of 5 7. moved to Regular Agenda 8. Inwood Water Tower (No. 4) – Approve Pay Request No. 11 9. Old Village Phase 3 Street & Utility Improvements – Approve Pay Request No. 1 10. 2017 Street Improvements – Approve Pay Request No. 1 11. 2017 Mill and Overlay – Accept Quotes and Award Contract 12. CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Agreement Pmt No. 1 13. Wellhead Protection Plan Phase 2 – Award Engineering Services Task Order 14. Approve Building and Planning Regulations Permit Fee Schedule 15. Approve Revision of Contractor Licensing 16. Approve Adoption of the 2017 Lake Elmo Property Maintenance Code 17. Approve Public Safety Committee Appointments 18. removed from agenda Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 19 Fire Department Staffing: Fire Chief Malmquist presented information on current staffing, response types and statistics. Staffing cost comparison and potential costs were also reviewed. Discussion was held regarding specific equipment used to respond to specific types of calls. Dave Moore, Public Safety Committee member, stated that fire department staffing is a nationwide problem and urged the City to avoid taking short cuts. Cullen Case, Public Safety Committee member, stated that option B presented in the council meeting packet is the best option to meet the City’s current and future needs. Lisa McGinn, Public Safety Committee member, expressed a need to hire firefighters now and continue to plan for the future. Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE OPTION A AS PRESENTED WITH A CAP OF 24 HOURS PER WEEK. Motion passed 5 – 0. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO DIRECT STAFF TO WORK WITH THE PUBLIC SAFETY COMMITTEE AND ANY COUNCILMEMBERS THAT WANT TO BE INVOLVED TO EXPLORE THE OPTION OF AN EAST METRO FIRE DISTRICT AND OTHER LONG TERM SOLUTIONS. Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE THE PRIMARY MOTION AND REFER THE MATTER TO THE PUBLIC SAFETY COMMITTEE FOR DISCUSSION. Motion passed 3 – 1 – 1. (Fliflet – nay; Lundgren – present/not voting) LAKE ELMO CITY COUNCIL MINUTES JULY 18, 2017 Page 3 of 5 Councilmember Bloyer, seconded Councilmember Nelson, moved TO APPROVE THE PART TIME FIREFIGHTER JOB DESCRIPTION AND AUTHORIZE ADVERTISING FOR THE POSITIONS. Motion passed 5 – 0. ITEM 20: Easton Village 3rd Addition Final Plat Planning Director Wensman presented an overview of the proposed plat for the Easton Village 3rd Addition, noting changes from the preliminary plat and outlots proposed for parkland dedication. Councilmember Nelson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-076 APPROVING EASTON VILLAGE 3RD ADDITION FINAL PLAT WITH THE 10 CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF AND THE PLANNING COMMISSION. Motion passed 3 – 1 – 1. (Lundgren – nay; Fliflet – present/not voting) ITEM 21: Easton Village 3rd Addition Developers Agreement Planning Director Wensman reviewed updates made to the draft agreement prior to the meeting and discussed future need for a railroad crossing. City Attorney Sonsalla suggested language for the Developers Agreement to ensure cost participation in a future railroad crossing. Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2017-081 APPROVING THE DEVELOPERS AGREEMENT FOR EASTON VILLAGE 3RD ADDITION WITH THE ADDITON OF LANGUAGE PERTAINING TO THE DEVELOPER’S CONSENT TO PAY ITS PORTION OF COSTS RELATED TO THE ADDITION OF A RAILROAD CROSSING. Motion passed 3 – 2. (Fliflet, Lundgren – present/not voting) ITEM 22: Library Parking Lot Paving Project City Administrator Handt reviewed information related to the cost and design of the library parking lot and discussed funding sources for the project. Library Board Member Brett Emmons reviewed how the plans for the parking lot evolved and reviewed option 3 provided in the council meeting packet. City Engineer Griffin stated that in his opinion the soils would need improvement prior to paving. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO AWARD THE LIBRARY PARKING LOT PAVING PROJECT TO BUCK BLACKTOP INC FOR $241,890 AND APPROVE AN ADDITIONAL AMOUNT OF $4,600 FOR PRE-CONSTRUCTION SITE WORK AND CONSTRUCTION OBSERVATION. Mayor Pearson stated he did not support the motion as he doesn’t feel sidewalks are necessary and feels unsure about the benefits of the water storage elements. LAKE ELMO CITY COUNCIL MINUTES JULY 18, 2017 Page 4 of 5 Susan Dunn, 11018 Upper 33rd Street N., stated it is worth investing in a safe downtown. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO ADD THAT ALL FUNDING FOR THE LIBRARY PARKING LOT WILL COME FROM THE PARK DEDICATION FUND. Motion passed 3 – 2. (Pearson, Nelson – nay) Councilmember Bloyer moved TO AMEND THE PRIMARY MOTION TO ADD THAT THE RAINGARDEN PORTION OF THE PROJECT NOT EXCEED $20,000. Motion failed – no second. Primary motion failed 2 – 3. Mayor Pearson, seconded by Councilmember Nelson, moved TO AWARD THE PARKING LOT PAVING PROJECT TO MILLER EXCAVATING INC FOR $71,401.80 AND APPROVE AN ADDITONAL AMOUNT OF $4,600 FOR PRE-CONSTRUCTION OBSERVATION CONTINGENT UPON LIBARARY BOARD APPROVAL. Motion passed 4 – 1. (Lundgren –nay) Mayor Pearson, seconded by Councilmember Nelson, moved TO REJECT ALL BIDS ASSOCIATED WITH THE 2016 PLAN. Motion passed 3 – 1 – 1. (Lundgren – nay; Fliflet – present/not voting) ITEM 23: Bee Safe Resolution and IPM City Administrator Handt reviewed the background of the Bee Safe Resolution adopted in 2015 and proposed changes to remove “systemic pesticides” from the Integrated Pest Management Plan. Councilmember Bloyer, seconded by --- moved TO REPEAL BEE SAFE RESOLUTION 2012-13 AND THE INTEGRATED PEST MANAGEMENT PLAN. Tedi Carlson, Environmental Committee Member, suggested allowing the Environmental Committee to come up with another version to keep the City bee friendly. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO SEND THIS ITEM TO THE ENVIRONMENTAL COMMITTEE TO FURTHER WORK. Motion failed 2 – 3. (Pearson, Bloyer, Nelson – nay) Primary motion passed 3 – 2. (Fliflet, Lundgren – nay) ITEM 7: Approve Water Meter Replacements City Administrator Handt provided an overview of the request to purchase water meters to replace existing malfunctioning meters and hire an independent contractor to install them. LAKE ELMO CITY COUNCIL MINUTES JULY 18, 2017 Page 5 of 5 Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE THE PURCHASE OF 250 WATER METERS AND AUTHORIZE HIRING OF AN INDEPENDENT CONTRACTOR TO CONDUCT SCHEDULING, REPLACEMENT AND DATA ENTRY OF THE NEW WATER METERS. Motion passed 4 – 1. (Fliflet – nay) COUNCIL REPORTS Mayor Pearson: No report Councilmember Nelson: Attended Friends of Sunfish Lake Park meeting. Councilmember Lundgren: Commented on pothole issues on Olson Lake Trail Councilmember Bloyer: No report Councilmember Fliflet: No report STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Provided reminder of the upcoming Pankalo open house August 1st. Currently working on the space needs study and scheduling a joint meeting of the City Council and Finance Committee. City Clerk Johnson: Reported on projects currently being completed by summer intern staff. City Attorney Sonsalla: Worked with Building Official on the property maintenance code and preparing for a hearing on a hazardous building matter. Planning Director Wensman: Reported on upcoming Comp Plan Advisory Board upcoming public open house and a Village stakeholder meeting. City Engineer Griffin: Working on plan reviews and CSAH 17 Phase 3. Meeting adjourned at 10:03 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT -- page 1 -- DATE: August 1, 2017 CONSENT TO: Mayor and City Council FROM: Brian Swanson, Finance Director AGENDA ITEM: Approve Disbursements in the amount of $441,712.09 REVIEWED BY: Kristina Handt, City Administrator 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. FISCAL IMPACT: $441,712.09 Claim # Amount Description ACH $ 17,184.54 Payroll Taxes to IRS & MN Dept. of Revenue 07/20/17 ACH $ 7,735.82 Payroll Retirement to PERA 07/20/17 ACH $ 1,000.00 Payroll Retirement to MDCP 07/20/17 n/a $ 0.00 Payroll Checks (none) Direct Deposits $ 44,079.93 Payroll Deposits 07/20/17 46199-46266 $ 371,651.80 Accounts Payable 08/01/17 2858 $ 60.00 Accounts Payable 08/01/17 (Library Checks) TOTAL $ 441,712.09 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: “Motion to approve the aforementioned disbursements in the amount of $441,712..09” ATTACHMENTS: 1.Accounts Payable – check register STAFF REPORT DATE: August 1, 2017 CONSENT MOTION TO: City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: Accept 2nd Quarter Financials REVIEWED BY: Kristina Handt – City Administrator BACKGROUND: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations and report the unaudited financial information to the City Council on a regular basis. QUESTIONS BEFORE THE CITY COUNCIL: 1)Does the City Council have any questions regarding the attached 2nd Quarter Financial information? 2) Is the City Council comfortable approving the 2 nd Quarter Financial information for approval? DISCUSSION: As part of informing the City Council and community on the financial position of the City, staff prepared budget to actual information for the General Fund and Utility Funds in the attachment. This format more closely follows the City’s Comprehensive Annual Financial Report (CAFR) by providing budget to actual figures and in similar revenue and expenditure/expense categories. This also aligns with the updated budget worksheets the City Council will receive for the upcoming budget cycle. FISCAL IMPACT: N/A RECOMMENDATION: 1)Motion to recommend approval of the 2nd Quarter Financial Statements which include the General Fund and Utility Funds. ATTACHMENTS: 1) 2 nd Quarter Financials – General Fund and Utility Funds STAFF REPORT DATE: August 1, 2017 CONSENT MOTION TO: City Council FROM: Kristina Handt, City Administrator AGENDA ITEM: Local 49ers Collective Bargaining Agreement 2017-2019 REVIEWED BY: Julie Johnson, City Clerk BACKGROUND: In March 2016, the permanent, non-exempt public works employees voted to join the Local 49ers. The bargaining unit covered all public works operators levels III-I. In April 2016 the Council appointed Mayor Pearson and Council Member Fliflet to assist staff with labor negotiations. Staff met with the Mayor and Council member Fliflet early in the process to gain their perspective. Multiple meetings then occurred between union representatives and staff with a couple of closed sessions held by Council. In May and July, the City and union entered into mediation. At the second mediation meeting on July 11th, a tentative agreement was reached. The public works bargaining unit voted to approve the agreement in late July. ISSUE FOR DISCUSSION: Should Council approve the 2017-2019 Labor Agreement with the Local 49ers? PROPOSAL DETAILS/ANALYSIS: The 2017-2019 contract documents the parties’ agreements related to wages and other working conditions and lays out the process for addressing disputes. The funeral leave section is similar to the current employee handbook policy with the addition of step relations. Discipline is for just cause and may include oral, written reprimands, suspension, demotion or discharge. At the request of the employee, the oral and written reprimands may be removed after 5 years if there is no further disciplinary action. Professional development and extended illness bank are similar to current policy. Under the PTO section a level was added for 25+ years at 10 hours bi weekly. Furthermore, any amount above the 240 annual cap may be converted to the Minnesota State Retirement System (MSRS). Council will need to pass a separate resolution with specific language from the state department before this is implemented. Beginning 1/1/18, all bargaining unit employees will transfer to the union health insurance plan and contribute 15% towards the monthly premium. Life insurance and disability remain the same as current policy. Columbus Day was added to the official holidays list. Hours of work are Monday through Friday, 40 hours. The City may change the schedule by providing a 7-day notice. Hours worked in excess of that normal work shift including holidays would be compensated at time and a half. The comp time max accrual has been increased to 40 hours. Article 20 covers the on call pay provisions for weekdays, weekends and holidays. Call back and right to subcontract provisions remain similar to current policy. Bargaining employees will be provided with a city issued cell phone, uniforms, and other gear. An annual reimbursement of $175 for boots is also included. Article 29 addresses wages. The City will keep its current format of Public Works Operator III to I levels. For the recently added Lead Worker position a probationary and full standing wage were established. Employees would be eligible for a change in classification after meeting the licensing and certification requirements in the job descriptions for each level. In an MOU, the City further agreed not to change those requirements prior to 12/31/18. If the City does change them, a 120-day notice is required in the contract. Employees have the right to participate in the Central Pension Fund. Those details are further covered in an MOU. The bargaining unit would have to vote to participate in this. It is funded from paycheck deductions so there is no fiscal impact to the city. The last MOU addresses red circling of some employees. The three employees identified had already been grandfathered into their position so the MOU states that they would not lose their current standing if the requirements for those levels changed in the future. FISCAL IMPACT: The impact to the 2017 budget will be an additional $10,100 in wages, payroll taxes and PERA. The increase in the 2018 budget will be about $60,000 in those categories. The increase then to the 2019 budget would be about $23,500 in those categories. The 2017 impact was reduced significantly due to changes in employees, vacancies in positions and delays in filling the new position from what was proposed in the 2017 budget. The impact for 2018 assumes no changes in employees, vacancies in positions or newly created positions. OPTIONS: 1) Approve the 2017-2019 Labor Agreement between the City of Lake Elmo and the International Union of Operating Engineers Local 49 2) Amend and then Approve the 2017-2019 Labor Agreement between the City of Lake Elmo and the International Union of Operating Engineers Local 49 3) Do not approve the 2017-2019 Labor Agreement and direct someone else to negotiate with the union. RECOMMENDATION: If removed from the consent agenda: Motion to approve the 2017-2019 Labor Agreement between the City of Lake Elmo and the International Union of Operating Engineers Local 49 ATTACHMENTS: • 2017-2019 Labor Agreement • MOU Licenses and Certifications • MOU Central Pension Fund • MOU Red Circling 1 LABOR AGREEMENT BETWEEN THE CITY OF LAKE ELMO -AND- INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL No. 49 AFL-CIO January 1, 2017 through December 31, 2019 Tentative Agreement 7.11.17 2 ARTICLE 1 Purpose of Agreement 3 ARTICLE 2 Definitions 3 ARTICLE 3 Recognition 4 ARTICLE 4 Union Security 4 ARTICLE 5 Employer Security 5 ARTICLE 6 Employer Authority 5 ARTICLE 7 Grievance Procedure 6 ARTICLE 8 Savings Clause 8 ARTICLE 9 Leaves of Absence 9 ARTICLE 10 Discipline 9 ARTICLE 11 Professional Development 9 ARTICLE 12 Extended Illness Bank 10 ARTICLE 13 PTO 10 ARTICLE 14 Health Benefits 11 ARTICLE 15 Life Insurance 11 ARTICLE 16 Disability Insurance 11 ARTICLE 17 Holidays 11 ARTICLE 18 Hours of Work 12 ARTICLE 19 Overtime Pay 12 ARTICLE 20 On Call 13 ARTICLE 21 Call Back 13 ARTICLE 22 Right to Subcontract 13 ARTICLE 23 Uniforms/Boots/Safety/Cell Phone Allowance 13 ARTICLE 24 Layoff and Recall 14 ARTICLE 25 Probationary Period 14 ARTICLE 26 Job Posting 14 ARTICLE 27 Safety 15 ARTICLE 28 Severance 15 ARTICLE 29 Wages 15 ARTICLE 30 Retirement Insurance 16 ARTICLE 31 Waiver 16 ARTICLE 32 Duration 17 MOU – Central Pension Fund MOU- Job Requirement Changes 3 ARTICLE 1-PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Lake Elmo, hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish and memorialize the parties’ agreement concerning wages and other terms and conditions of employment for the duration of such agreements; 1.2 Establish procedures for the resolution of disputes concerning the interpretation and/or application of this written Agreement. ARTICLE 2-DEFINITIONS 2.1 DAYS: Calendar Days excluding Saturdays, Sundays and Recognized holidays. 2.2 UNION: The International Union of Operating Engineers, Local No. 49, AFL -CIO. 2.3 EMPLOYER: The individual municipality designated by this AGREEMENT is the CITY OF LAKE ELMO. 2.4 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49. 2.5 EMPLOYEE: A member of the exclusively recognized bargaining unit. 2.6 BASE PAY RATE: The Employee’s hourly pay rate exclusive of any other special allowances. 2.7 SENIORITY: Length of continuous service with the EMPLOYER. 2.8 SEVERANCE PAY: Payment made to an Employee upon honorable termination of employment. 2.9 CALL BACK: Return of an Employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than the normal work day. An extension of or early report to an assigned shift is not a call back . 4 2.10 On-Call: Periods of time when an employee is not scheduled to work but must remain available to work. 2.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose o f inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 2.12 GRIEVANCE: A dispute between the parties as to the application or interpretation of this agreement. Such procedures for filing a grievance are outlined in Article 6. 2.13 IMMEDIATE FAMILY: The employee’s spouse, and the children, grandchildren, parents, grandparents, brothers and sisters, of the employee and the employee’s spouse, including all step relations. 2.14 WORK WEEK: For the purposes of this agreement the normal work week shall be forty (40) hours Monday through Friday. ARTICLE 3-RECOGNITION 3.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees of the Lake Elmo Street, Water & Sewer, and Park & Recreation employees, who work more than 14 hours per week, or, thirty five (35) percent of the normal work week, and more than 67 working days per year, excluding the Director of the Public Works, Clerical, Supervisory, and Administrative Personnel. 3.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the bureau of mediation services for determination. ARTICLE 4 – UNION SECURITY All employees who have completed thirty-one (31) calendar days of employment shall become members of the Union and shall maintain their membership in good standing. “In good standing,” for the purpose of this Agreement, is defined as to mean the payment of a standard initiation fee and standard regular monthly dues uniformly required as a condition of acquiring or retaining membership in the Union. In recognition of the UNION as the exclusive representative the EMPLOYER shall: 4.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, or as allowed for fair share dues and representation as provided for under PELRA, and 5 4.2 Remit such deduction to the appropriate designated officer of the UNION. 4.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 4.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 5-EMPLOYER SECUIRTY 5.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. 5.2 Any employee who engages in a strike may have their appointment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 5.3 An employee who is absent from any portion of the employee’s work assignment without permission, or who abstains wholly or in part from the full performance of the employee’s duties without permission from the employee’s EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 5.4 An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or re-appointed or employed or re- employed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as the employee may have theretofore been entitled. 5.5 No employee shall be entitled to any daily pay, wages or per diem for the days on which the employee engaged in a strike ARTICLE 6-EMPLOYER AUTHORITY 6.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 6 6.2 Any term and condition of employment not specifically established or modified by the AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 7-GRIEVANCE PROCEDURE Section A. A grievance is defined as any dispute or disagreement between an employee and the City as to the interpretation or application of this agreement and shall not include any dispute or disagreement regarding proposed changes in the terms and conditions of this agreement, nor shall a grievance extend to matters of inherent managerial policy, the overall budget of the City, utilization of technology, the organizational structure or selection, direction and number of personnel. Section B. A grievance shall not be valid for consideration unless the grievance is submitted in writing within twenty (20) days after the grievance arose. Failure to file any grievance within such period shall be deemed a waiver thereof. Section C. The employee and the City shall attempt to adjust all grievances which may arise during the course of employment in the following manner: Subd. 1. An effort shall first be made to resolve the grievance informally between the employee and supervisor. If the grievance cannot be resolved through informal discussion, then the grievance shall be submitted in writing to the supervisor setting forth the facts and the specific provisions of the Agreement allegedly violated. The supervisor or his/her designee will give his/her written decision on the grievance within ten (10) days after receipt of the written grievance. Subd. 2. In the event that the grievance is not resolved in Subd. 1, the decision rendered in Subd. 1 may be appealed to the City Administrator provided such appeal is made in writing and appealed to the City Administrator within five (5) days after receipt of the decision in Subd. 1. The City Administrator or his/her designee shall set a time to meet with the employee within fifteen (15) days after receipt of the appeal. Within ten (10) days after the meeting, the City Administrator or his/her designee shall issue a decision in writing. Subd. 3. In the event that the grievance is not resolved in Subd. 2, the decision rendered in Subd. 2 may be appealed to the City Council within five (5) days after receipt of the decision in Subd. 2. Said City Council shall consider such grievance at a meeting called within fifteen (15) days after said appeal is filed with the City Clerk. Subd. 4. A grievance unresolved in Subd. 3 and appealed in Subd. 4, shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Subd. 4 may be appealed to Section F within fifteen (15) days following the EMPLOYER’S final answer in Subd. 4 . Any grievance 7 not appealed in writing to Section F by the UNION within fifteen (15) days, shall be considered waived. Subd. 5. The employee in each of the above subdivisions may be accompanied by and represented by a person designated by him/her. Section D. Failure by the employee to appeal a grievance from one (1) subdivision to another within the time periods provided; therein, shall be deemed a waiver of the grievance. In computing time in the foregoing procedure, the word “day” shall constitut e calendar days. Section E. Failure by the City Council or the City employees to issue a decision within the time period provided herein shall constitute a denial of the grievance. Section F. Arbitration Procedure: In the event that the employee and the City are unable to resolve any grievance as defined in Section A herein, the grievance may be submitted to binding arbitration. Subd. 1. A request to submit a grievance to arbitration must be in writing, signed by the aggrieved party, and such request must be filed in the office of the City Clerk within ten (10) days following the decision in Subd. 4 of the grievance procedure. Subd. 2. No grievance shall be considered by the arbitrator which has not first been duly processed in accordance with the grievance procedure and appeal provisions outlined in this procedure. Subd. 3. The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. Subd. 4. Decisions by the arbitrator in cases properly before him/her shall be final and binding upon the parties. Subd. 5. Each party shall bear its own expenses in connection with the arbitration, including expenses relating to the party’s representatives, witnesses, and any other expenses which the party incurs in connection with presenting its case in arbitration. A transcript shall be made of the hearing. The parties shall share equally fees and expenses of the arbitrator, the cost of the transcript, and any other expenses which the parties mutually agree are necessary for the conduction of the arbitration. Subd. 6. The arbitrator shall have jurisdiction over disputes or disagreements relating to matters properly before the arbitrator pursuant to the terms of this procedure. The jurisdiction of the arbitrator shall not extend to the proposed changes in terms and conditions of employment as defined 8 herein and contained in a written agreement or memorandum of agreement as agreed to by the parties; nor shall an arbitrator have jurisdiction over any matter which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein; nor shall the jurisdiction of the arbitrator extend to matters of inherent managerial policy, which shall include but are not l imited to such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel. Subd. 7. Upon the proper submission of a grievance under the terms of this procedure, the parties shall, within fifteen (15) days after the submission, attempt to agree upon the selection of an arbitrator. If no agreement is reached within fifteen (15) days, the parties may individually or jointly request the Bureau of Mediation Services to appoint an arbitrator, requesting that said appointment be made within thirty (30) days after the receipt of said request. 7.1 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER’S last answer. If the EMPLOYER does not a nswer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreeme nt of the EMPLOYER and the UNION. 7.2 Choice of Remedy If a grievance involves the suspension, demotion or discharge of an Employee who has completed the required probationary period, and the Employee has rights under the Minnesota Veterans Preference Act (VPA), the grievance may be appealed either pursuing arbitration under this Agreement or by requesting a hearing under the VPA. If the Employee appeals under the VPA or pursuant to some other applicable employment law, the grievance is not subject to the arbitration procedure and the Employee shall have waived the right to arbitrate pursuant to this Agreement. ARTICLE 8 SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the State of Minnesota, the United States of America, and the signed municipality. In the event any provision of this Agreement shall be held contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. ARTICLE 9-LEAVES OF ABSENCE 9 9.1 Funeral leave shall be granted to full-time Employees as follows: An employee will be granted a maximum of three (3) working days funeral leave with pay in the event of a death in the employee’s immediate family, One (1) paid day for funeral leave will be granted for family not defined as immediate family. Additional days for funeral leave may be granted at the discretion of the Public Works Director for extenuating and unusual circumstances, which additional time may be charged against the employee’s PTO time. 9.2 Funeral Leave will be at the Employee’s regular rate of pay. Upon approval of the supervisor, the Employee may choose to use PTO to extend the funeral leave. The authorized supervisor may determine the length of leave for any case not meeting the above guidelines. 9.3 All other leaves will be in accordance with Minnesota State Statute Chapter 181. ARTICLE 10-DISCIPLINE 10.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause only. a. oral reprimand; b. written reprimand; c. suspension' d. demotion; or e. discharge 10.2 Written reprimands, notices of suspension, notices of demotion and notices of discharge which are to become part of an Employee's personnel file shall be presented in written form read and acknowledged by signature of the Employee. The Employee and Union will receive a copy of such reprimands and/or notices at the time of implementation. At the request of the Employee, oral and written reprimands shall be removed from the file after five (5) years provided the Employee has not been involved in disciplinary action. 10.3 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.4 Employees will not be questioned concerning an investigation that may lead to disciplinary action unless the employee has been given the opportunity to have a Union representative of their choice present at such questioning. ARTICLE 11-PROFESSIONAL DEVELOPMENT 10 11.1 When an employee’s attendance at training or educational sessions is directed by the City, such attendance will be without loss of pay. Such attendance will include reasonable reimbursement for travel, lodging, and/or program expenses, provided such expenses are approved in advance by the City Administrator or Public Works Director. ARTICLE 12- EXTENDED ILLNESS BANK 12.1 All accrued, but unused, Sick Leave banks of City employees as of January 1, 2004 were converted to Extended Illness Banks. An employee’s Extended Illness Bank balance may be utilized only for illness or injury, as certified by a physician’s statement; and, only after an employee has used ten (10) days of Paid Time Off. 12.2 Under no circumstances can an employee receive both Extended Illness Bank balances and Worker’s Compensation benefits for the same period of disability, except if the employee elects to receive Worker’s Compensation benefits, he/she may also use Extended Illness Bank balances, subject to other related Policy, to the extent necessary to increase their income to their net wage prior to the injury or onset of the disease. ARTICLE 13-PTO 13.1 Accrual rates: All full time and all part time employees shall receive PTO benefits which shall be paid at their regular rate of compensation and may be used in a minimum of thirty (30) minute increments. PTO may be used as it is earned, pursuant to the following schedule: Upon completion Of: Monthly Accrual Rate 0-5 years 5 hours bi-weekly 6-10 years 6.5 hours bi-weekly 11-15 years 8 hours bi-weekly 16-24 years 9.5 hours bi-weekly 25 + 10 hours bi-weekly Employees with 20 or more years of completed service as of January 1, 2004, shall accrue Personal Time Off at a rate of eleven (11) hours bi-weekly. 13 .2 No more than two hundred forty (240) hours of PTO may be carried over into the following year. Any amount above the maximum two hundred forty (240) hours shall be converted to a contribution to MSRS. Such conversion shall be capped at forty (40) hours 11 accumulation per year. The conversion shall take place once a year in the second week in December. ARTICLE 1 4-HEALTH BENEFITS Effective 1/1/2018 The Employer agrees to make monthly contributions to the Health and Welfare Fund and will execute a separate participation agreement regarding those contributions. The Empl oyer will provide to all full time employees, Local 49’s Bargaining Premium Health Insurance at the rate set forth by the fund trustees, with the employee responsible for paying fifteen percent (15%) towards the cost of the premium. ARTICLE 1 5-LIFE INSURANCE The Employer will purchase and maintain at its expense, a Term Life insurance policy in the amount of $25,000 for each employee. ARTICLE 1 6-DISIBILITY INSURANCE The Employer will provide at its expense, long and short term disability insurance for each employee. Except as otherwise prohibited by law, this policy will in no way affect or be affected by the employee's Worker's Compensation benefits. ARTICLE 17- HOLIDAYS 17.1 Holidays are defined as: 1. New Year’s January 1 2. Martin Luther King Day Third Monday in January 3. President’s Day Third Monday in February 4. Memorial Day Last Monday in May 5. Independence Day July 4 6. Labor Day First Monday in September 7. Columbus Day Second Monday in October 8. Veteran’s Day November 11 9. Thanksgiving Day Fourth Thursday in November 10. Day after Thanksgiving Fourth Friday in November 11. Christmas Eve December 24 12. Christmas Day December 25 12 17.2 Holidays occurring on Saturday will be observed the preceding Friday and holidays occurring on Sunday will be observed on the following Monday, Employees shall receive eight (8) hours of pay at their regular hourly rate for all recognized holidays. 17.3 When business emergencies arise, Non-exempt hourly employees required to work on a recognized holiday will be paid at one and one-half (1 ½) times their regular base rate of pay, in addition to their regular holiday pay. Compensatory time-off may be taken in lieu of payment. ARTICLE 18-HOURS OF WORK 18.1 The normal work week shall be forty (40) hours, Monday through Friday. 18.2 In the event that work is required because of unusual circumstances such as fire, flood, snow, sleet, Sewer/water and street emergencies, the employer reserves the right to adjust employee's work hours to best serve the public; no advance notice need be given as required in 18.4. 18.3 Employees are entitled to two (2) paid fifteen-minute rest breaks and an unpaid thirty (30) minute meal break for each normal work day. 18.4 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day. Service to the public requires the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. The Employer shall give seven (7) calendar days advance notice to the Employees affected by the establishment of the work days different from the Employee’s normal work day. The employer need not give seven (7) day notice for annual clean up days. ARTICLE 19–OVERTIME PAY 19.1 Hours worked in excess of the normal work shift, shall be compensated for at one and one-half (1-½) times the Employee’s regular base pay rate, or at discretion of employee, compensatory time off at the rate of one and one -half (1-½) hours off for each hour of overtime worked. 19.2 For the purpose of calculating overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 19.3 Employees may earn compensatory time at the rate of one and one half (1 ½) times in lieu of overtime pay, upon mutual agreement between the employee and the Employer, not to exceed forty (40) hours with a maximum annual carry over of forty (40) hours. As of the last pay period in November of each year, all accumulated compensatory time above the maximum carry over amount of forty (40) hours shall be paid to the employee. 13 19.4 For purposes of calculating overtime, hours worked shall be defined as those hours actually worked or accounted for by holidays in one workweek. Workers Compensation will not apply as hours worked for purposes of calculating overtime. ARTICLE 20- ON CALL a. Local 49 members scheduled to be on-call; on weekends shall be compensated four (4) hours at one and a half (1 ½) times their regular rate for the period beginning the end of the work day on Friday and ending the start of the work day on Monday. b. Local 49 members scheduled to be on-call weekdays (Monday through Thursday) shall be compensated one (1) hour for each work day served at one and one half (1 ½) times the regular rate. c. Local 49 members scheduled to be on-call during a holiday will receive two and one half (2 ½ ) hours at one and a half (1 ½) time their regular pay. d. The member scheduled for on call shall be provided with the dedicated on-call cell phone. All on-call employees will be required to be work ready when on call, and must be within close proximity to the City so that they can answer emergency calls. e. Local 49 members shall have the right to switch on-call schedules with one another provided they communicate said change with their immediate supervisor. f. The Director of Public Works and the bargaining unit will make up the schedule to be on-call on weekends, week days, and Holidays with the final approval by the Director of Public Works. All employees are required to participate in the on -call schedule once approved by the Director of Public Works. g. Such on-call pay shall be in addition to other compensation which the Employee is entitled to under this Agreement. Any time spent on-call will not count towards hours worked for purposes of calculating overtime, unless such Employee was actually called to answer and/or respond to a call. ARTICLE 21-CALL BACK Employees called to work at a time other than their normal scheduled shift, shall be paid a minimum of two (2) hours at one and one-half (1 ½) times their regular rate of pay. ARTICLE 22-RIGHT TO SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE 23- UNIFORMS/BOOTS/SAFETY/CELL PHONE ALLOWANCE 23.1 The Employer will provide initial uniforms, winter clothing, rain gear and the necessary safety equipment for full-time employees according to the reasonableness and necessity in 14 the performance of their job. The Employer agrees to supply and maintain work uniforms for bargaining unit members. 23.2 The Employer agrees to provide to all full time employees a city issued cell phone. Employees shall take steps not to lose or damage the cell phone. The Employer will provide an allowance in the amount of one hundred seventy five dollars ($175.00) per year towards the purchase of safety boots. ARTICLE 24- LAYOFF AND RECALL 24.1 In case of the need to eliminate positions, employees will be laid off based on inverse seniority within their job classification when all job relevant qualification factors are equal. Employees will be given a minimum of fourteen (14) days advance notice prior to layoff. 24.2 Employees will be recalled from layoff based on seniority within their job classification when all job relevant qualification factors are equal. Notice of recall shall be sent to the laid off employee's last known address by registered/certified mail. Employees will be given seven (7) days after receipt of recall notice to inform the employer of their intent to return to work. Failure to respond within the seven (7) day period will terminate recall rights. ARTICLE 25 PROBATIONARY PERIOD 25.1 All newly hired or rehired employees will serve a six (6) month probationary period. 25.2 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the Employer. 25.3 All employees will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. 25.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee’s previous position at the sole discretion of the Employer. ARTICLE 26- JOB POSTING 26.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: Have the necessary qualifications to meet the standards of the job vacancy; and Have the ability to perform the duties and responsibilities of the job vacancy. 15 26.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE 25 (PROBATIONARY PERIODS). 26.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 27- SAFETY The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE 28- SEVERANCE 28.1 Full-time employees will be paid severance pay as follows: 28.2 Employees who leave the employment of the City by Retirement, Death, Disability or Resignation will receive pay for unused and or accrued PTO and any compensatory time accumulated as provided by this agreement. Employees shall have the option of directing those dollars into a 457 deferred compensation plan (subject to IRS regulations and Minnesota law) or (MSRS resolution). ARTICLE 29- WAGES Employees will be evaluated by their supervisor annually consistent with the Public Works Operator Level III-I or Lead Worker job description. A personal review of the evaluation will be required between the employee and the employee’s supervisor. The employee will complete a self-evaluation prior to the review with the supervisor. All employees will be eligible for an increase noted below provided the employee meets the job performance criteria as outlined in the job description and with a satisfactory performance evaluat ion. The employer shall give the employees a one hundred and twenty (120) day notice of any changes to the job requirements. 16 ARTICLE 30 – RETIREMENT INSURANCE Employees have the ability to participate in the Central Pension Fund. (By MEMORANDUM OF UNDERSTANDING) ARTICLE 31 - WAIVER 31.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. 1/1/17 1/1/18 1/1/19 PW Operator III (Probationary) $22.70 $23.27 $23.97 PW Operator III (Full Standing.) $24.13 $24.73 $25.47 PW Operator II $25.62 $26.26 $27.05 PW Operator I $27.18 $27.86 $28.70 Lead Worker (Probationary) $29.64 $30.38 $31.29 Lead Worker (Full Standing) $30.54 $31.30 $32.24 17 ARTICLE 32– DURATION This AGREEMENT shall be effective as of January 1, 2017, and shall remain in full force and effect until December 31, 2019. FOR THE CITY OF LAKE ELMO: FOR I.U.O.E. LOCAL NO. 49: ____________________________ __________________________ Business Manager ____________________________ __________________________ Business Representative __________________________ Steward MEMORANDUM OF UNDERSTANDING Licenses/Certificates City of Lake Elmo This Memorandum of Understanding is entered into between the two parties (City of Lake Elmo and Local 49) in order to address the date when new job certifications/licenses will become effective, as they pertain to progressing to higher classifications in the collective bargaining agreement. The following Licenses/Certifications will remain in effect until 12.31.2018.: PWIII: This position will require the acquisition and maintenance of the following additional certificates/licenses within 2 years of appointment:  Class A Commercial Driver’s License with air brakes and tanker endorsement  Class D Water Operator License  Class D/SD Waster Water Operator License  Annual OSHA Training including relevant competent person certificate and HAZMAT certifications PWII: This position requires the following requires the following additional certificates/licenses:  Class C Water Operator License  NIMS 100 and 700 PWI: This position requires the following additional certificates/licenses:  Class S/SC Waste Water Operator License  Completion of 2 of the following 4 programs: o Certified Playground Inspector Certificate o Tree Inspector Certificate o Management and Supervisory Leadership Training Program o LTAP’s Road Scholar Program _________________________________ _____________________________ Employer: Ron Boesel, Business Representative _________________________________ _____________________________ Date: Date: MEMORANDUM OF UNDERSTANDING Central Pension Fund City of Lake Elmo The purpose of this Memorandum of Understanding is to assist both Labor and Management in identifying and implementing the Central Pension Fund (CPF) contribution rate. 1) The CPF is a supplemental Pension Fund authorized by Minnesota Statutes,§356.24, subdivision 1(10). 2) The parties agree that the agreed upon amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre-tax employer contributions. Contributions from the City will not be funded from any source other than this wage reduction. 3) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund at 4115 Chesapeake Street NW, Washington, D.C. 20016. 4) For purposes of determining future wage rates, the Employer shall first restore the amount of the wage reduction, which is currently the CPF contribution rate of $______ per hour, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. 5) For purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction ($./hr.) then apply the applicable 1.5 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount for overtime worked. 6) A contribution of $2.40 per straight time hour worked prevents annual CPF contributions for individual employees from exceeding $5,000.00 in a year and therefore complies with limitations set forth under Minnesota Statute § 356.24, subd. 1(10) as amended. 7) The parties agree that the Public Employees Retirement Association interprets employer contributions to the CPF as being included in determining "salary" for the purposes of the public pension. 8) The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. 9) Effective --17 the contribution rate equals $_____ for all hours worked. 10) Members, by majority vote, may change the contribution rate at any time during the life of this agreement. The Union and the employer will work together to implement member approved changes as soon as is practicable. _________________________________ _____________________________ Employer: Ron Boesel, Business Representative _________________________________ _____________________________ Date: Date: MEMORANDUM OF UNDERSTANDING Red Circling of Employees City of Lake Elmo This Memorandum of Understanding is entered into between the two parties (City of Lake Elmo & Local 49) in order to address Red Circling of three employees. Red Circling is defined as to mean immunity to requirements that other employees may need. The three employees shall not be required to hold the certifications needed to progress through Public Works positions. The three individuals are as follows: 1. Rick Gustafson (Public Works Operator 1) 2. Jamie Colemer (Lead Worker) 3. Jim Sachs (Public Works Operator 1) Furthermore, this MOU shall survive in perpetuity until such time that either the employee retires, quits, or is terminated for just cause. _________________________________ _____________________________ Employer: Ron Boesel, Business Representative _________________________________ _____________________________ Date: Date: STAFF REPORT DATE: August 1, 2017 CONSENT MOTION TO: City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: Authorize RFP for Enterprise Resource Planning System (ERP) REVIEWED BY: Kristina Handt – City Administrator BACKGROUND: At the July 13, 2017 Finance Committee meeting, discussion occurred regarding budget expenditures for a new software package for finance and other city related business. Since the meeting, staff prepared a Request for Proposals for Enterprise Resource Planning (ERP) System. At the July 27, 2017 Finance Committee meeting, authorization was provided to move approval for the Request for Proposals of the ERP system to be considered by the City Council. QUESTIONS BEFORE THE CITY COUNCIL: 1) Does the City Council have any questions regarding the attached Request for Proposal? 2) Is the City Council comfortable recommending this move forward for approval? DISCUSSION: The City is planning to replace its current financial and information systems environment with an ERP system. In doing so, the City seeks to address several challenges in the current environment, including but not limited to:  Lack of functionality in current systems.  Limited online self-service functionality and payment options.  Limited reporting capabilities in current systems.  Lack of integration among systems.  Manual workflow processes.  City accounts receivable information is tracked in MS Excel.  Lack of budget forecasting capabilities.  Limited access to the existing system.  Need for more robust project tracking.  Time entry and approval is manual.  Current hardware is no longer supported. In order to address these challenges and others, the City has initiated an enterprise-wide project to adequately plan for, select, and implement an ERP system, as well as the professional services activities to be a part of implementation. The following table contains the list of functional areas of the desired ERP system. Functional Areas No. Functional Area 1 General Ledger and Financial Reporting 2 Budgeting 3 Accounts Payable 4 Accounts Receivable and Cash Receipts 5 Project Accounting 6 Capital Assets – (Optional) 7 Human Resources 8 Payroll 9 Special Assessments – (Optional) 10 Utility Billing – (Optional) The City has identified an anticipated go -live date for core financials functionality of January 2, 2018. Below is the proposed schedule of dates, which is quite aggressive in order to meet the go - live date. Table 01: RFP Schedule of Events Event Estimated Date Request for Proposals Published August 2, 2017 Deadline for Proposal Submissions September 1, 2017 Short List Vendors notified September 6, 2017 Vendor Demonstrations September 13-14, 2017 Preferred Vendor Notified September 21, 2017 Begin Contract Negotiations October 4, 2017 FISCAL IMPACT: The City has put a tentative budget amount in of $40,000 based on the upgrade costs for the existing software and very preliminary estimates of replacing the system with a new product. This cost will vary significantly based on the number of modules implemented, number of users, timeline and conversion of data. RECOMMENDATION: 1) Motion to recommend approval of the Request for Proposals for Software and Implementation Services for an Enterprise Resource Planning (ERP) System. ATTACHMENTS: 1) Request for Proposals for Software and Implementation Services for an Enterprise Resource Planning (ERP) System 2) City of Lake Elmo ERP Worksheets – 4 tabs in the workbook City of Lake Elmo, Minnesota Request for Proposals: Software and Implementation Services for Enterprise Resource Planning (ERP) System Issue Date: August 2, 2017 Response Due: September 1, 2017 at 4:00 pm Central Time Receipt Location: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 WARNING: There are two total files associated with this RFP package. Prospective proposers who have received this document from a source other than the Issuing Office should immediately contact the Issuing Office and provide their name and e-mailing address so that amendments to the RFP or other communications can be sent to them. A prospective proposer who fails to notify the Issuing Office with this information assumes complete responsibility in the event that they do not receive communications from the Issuing Office prior to the closing date. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page i Software and Implementation Services for Enterprise Resource Planning (ERP) System Table of Contents Section Page 1.0 RFP Introduction and Background ............................................................................ 5 1.1 Introduction .................................................................................................................................... 5 1.2 About Lake Elmo ........................................................................................................................... 5 1.3 Project Objectives .......................................................................................................................... 5 1.4 Definitions ...................................................................................................................................... 6 1.5 City’s Consulting Partner ............................................................................................................... 6 1.6 No Obligation ................................................................................................................................. 6 1.7 RFP Schedule of Events ............................................................................................................... 7 1.8 Pre-Qualification of Vendors ......................................................................................................... 7 1.9 Minimum Qualifications ................................................................................................................. 7 1.10 Partnerships .................................................................................................................................. 7 1.11 Incurred Expenses ......................................................................................................................... 7 1.12 Questions and Inquiries ................................................................................................................. 8 2.0 Project Scope ............................................................................................................. 9 2.1 Functional Areas. ........................................................................................................................... 9 2.2 City and Project Staffing ................................................................................................................ 9 2.3 Number of Users ........................................................................................................................... 9 2.4 Current City Applications Environment ........................................................................................ 10 2.5 Current City Technical Environment ............................................................................................ 10 2.6 Functional Area Statistics ............................................................................................................ 10 2.7 Gap-Fit Analysis .......................................................................................................................... 11 2.8 Implementation Project Plan........................................................................................................ 11 2.9 Requirements Traceability Matrix ................................................................................................ 11 2.10 Vendor Project Team Resource Management ............................................................................ 11 2.11 City Project Team Resource Management ................................................................................. 11 2.12 Software Customization Plan ...................................................................................................... 12 2.13 System Interface Plan ................................................................................................................. 12 2.14 Data Conversion Plan .................................................................................................................. 12 3.0 Proposal Evaluation and Award .............................................................................. 13 3.1 Evaluation Process ...................................................................................................................... 13 3.2 Evaluation Criteria ....................................................................................................................... 13 3.3 Best and Final Offer/Request for Clarification ............................................................................. 13 3.4 Notice of Intent Award ................................................................................................................. 14 3.5 Negotiations and Contract Execution .......................................................................................... 14 4.0 Submittal Response Format .................................................................................... 15 4.1 General Instructions .................................................................................................................... 15 4.2 Transmittal Letter and Executive Summary ................................................................................ 15 4.3 Project Approach and Software Solution ..................................................................................... 16 4.4 Implementation Methodology ...................................................................................................... 16 4.5 Company Background and History .............................................................................................. 16 4.6 Key Proposed Personnel and Team Organization ...................................................................... 16 4.7 Project Roles and Responsibilities .............................................................................................. 17 4.8 Project Schedule ......................................................................................................................... 17 4.9 Functional and Technical Requirements Response .................................................................... 17 City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page ii 4.10 Data Conversion Plan .................................................................................................................. 17 4.11 Deliverables Dictionary ................................................................................................................ 17 4.12 Sub-Contracting ........................................................................................................................... 17 4.13 References .................................................................................................................................. 18 4.14 Site Visit References ................................................................................................................... 18 4.15 Response to Narrative Questions ............................................................................................... 19 5.0 Contract Terms and Conditions .............................................................................. 20 5.1 Contract Type .............................................................................................................................. 20 5.2 Contract Term .............................................................................................................................. 20 5.3 Contract Review .......................................................................................................................... 20 5.4 Contract Changes. ....................................................................................................................... 20 5.5 Contract Approval ........................................................................................................................ 20 5.6 Contract Dispute .......................................................................................................................... 20 5.7 Payment and Retainages ............................................................................................................ 21 5.8 Taxes and Taxpayer Information ................................................................................................. 22 5.9 Federal Requirements ................................................................................................................. 22 5.10 Confidential Information............................................................................................................... 22 5.11 City Property ................................................................................................................................ 22 5.12 Warranty ...................................................................................................................................... 23 5.13 Source Code ................................................................................................................................ 23 5.14 Insurance Requirements ............................................................................................................. 23 5.15 Conflict of Interest ........................................................................................................................ 24 5.16 Pending and Recent Litigation .................................................................................................... 24 5.17 Proposer’s Certification ............................................................................................................... 24 5.18 Offer Held Firm ............................................................................................................................ 24 5.19 Amendment/Withdrawal of Proposals ......................................................................................... 24 5.20 Alternate Proposals ..................................................................................................................... 24 5.21 Sub Contractors. .......................................................................................................................... 24 5.22 Joint Ventures .............................................................................................................................. 25 5.23 Right of Rejection ........................................................................................................................ 25 5.24 Clarification of Proposals ............................................................................................................. 25 5.25 Rights to Submitted Material ....................................................................................................... 25 5.26 Protests ...................................................................................................................................... 26 5.27 Public Information......................................................................... ………………………………...26 5.28 Contract Negotiation .................................................................................................................... 26 5.29 Failure to Negotiate ..................................................................................................................... 26 5.30 Hold Harmless ............................................................................................................................. 26 5.31 Protection of Resident Workers ................................................................................................... 26 5.32 Statutory Information ................................................................................................................... 26 5.33 Assignment or Subcontract ......................................................................................................... 26 5.34 Non-Discrimination Clause .......................................................................................................... 27 5.35 ADA ............................................................................................................................................. 27 5.36 Audit ............................................................................................................................................ 27 5.37 Laws ............................................................................................................................................ 27 City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page iv ADVERTISEMENT FOR PROPOSALS-ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM AND IMPLEMENTATION SERVICES The City of Lake Elmo, Minnesota seeks proposals from qualified vendors for an Enterprise Resource Planning (ERP) system as well as system implementation services. The scope of this request will include, but is not limited to an implementation project plan, implementation methodology, communication plan, project change management plan, software customization plan, system interface plan, data conversion plan, implementation testing plan, quality assurance plan, pre- and post- implementation support plan, and a training plan. The proposer shall also provide project management resources leading to the successful implementation of the system. Criteria for selection is based on price, experience, level of fit of the proposed system based on the City’s functional and technical requirements, and implementation approach. The selection process will be conducted in accordance with the Request for Proposals and will be led by in-house project and evaluation teams. Product demonstrations and vendor reference checks will also be used to select a vendor. The Request for Proposals and Attachments may be obtained beginning Wednesday, August 2, 2017. Interested parties shall submit information as specified in the Request for Proposals to the City of Lake Elmo before 4:00 pm Central Time on September 1, 2017. Further information or questions, please contact: Brian Swanson – Finance Director at bswanson@lakeelmo.org. There are two files associated with this RFP package. The City requests interested proposers to provide Notice of Interest to the Point of Contact identified in Table 02 in section 1.11. Notice of Interest is not required. The City of Lake Elmo City Council reserves the right to reject any or all bid proposals, to waive technicalities, to re-advertise, or to proceed otherwise when the best interest of said Council will be realized herein. No bid may be withdrawn for a period of at least 180 days after the actual date of opening thereof. Brian A. Swanson, Finance Director ADVERTISE: August 2, 2017 City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 5 1.1 Introduction This Request for Proposals (RFP) is intended to solicit proposals from proposers capable of satisfying the City of Lake Elmo’s needs for software and professional services to implement an Enterprise Resource Planning (ERP) system. Proposers’ responses will be evaluated and ranked based on the criteria described in this RFP. If a system(s) is available that meets the City’s needs, the City may then enter into contract discussions with the selected proposer. This RFP and the selected proposal in response to this RFP will be incorporated into the contract resulting from this solicitation; provided, however, that the contract may contain terms different from or in addition to this RFP and the successful proposal. For purposes of this RFP, the term “vendor,” “offeror,” and “proposer” are considered to have the same meaning. 1.2 About The City of Lake Elmo The City of Lake Elmo was incorporated in 1926 and is a statutory city in the State of Minnesota six miles east of St. Paul Minnesota. Located in Washington County, it covers 25 square miles and has an estimated population of 9,000, which represents 3,100 households. Policy-making and legislative authority are vested in a governing council consisting of an elected Mayor and four council members. Per Minnesota State Statute, the governing council is responsible for passing ordinances, adopting an annual budget, appointing committees and hiring both the city’s administrator and attorney. The City Administrator is responsible for carrying out the policies and ordinances of the governing council and overseeing the day-to-day operations of the city. The Council is elected on a non-partisan basis. The Mayor serves a four-year term and council members serve a four-year staggered term, with two of these positions elected every two years. The Mayor and the Council are elected at-large. The City also has a Finance Committee, which reviews the City’s Budget, Capital Improvement Plan, financial policies and makes recommendations to the City Council for consideration. All Finance Committee members are not members of the City Council, but are appointed by the City Council. The City of Lake Elmo provides a full range of Services including fire protection services, construction and maintenance of streets and infrastructure; recreational facilities; and water, sanitary sewer and storm water utility services. The City contracts with the Washington County Sheriff’s Department for police services. 1.3 Project Objectives The City of Lake Elmo is planning to replace its current financial and information systems environment with an ERP system. In doing so, the City seeks to address several challenges in the current environment, including but not limited to:  Lack of functionality in current systems.  Limited online self-service functionality and payment options.  Limited reporting capabilities in current systems.  Lack of integration among systems.  Manual workflow processes.  City accounts receivable information is tracked in MS Excel.  Lack of budget forecasting capabilities.  Limited access to the existing system.  Need for more robust project tracking.  Time entry and approval is manual.  Current hardware is no longer supported. 1.0 RFP Introduction and Background City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 6 In order to address these challenges and others, the City has initiated an enterprise -wide project to adequately plan for, select, and implement an ERP system. Section 2.0, Project Scope, outlines the features and functionality desired in a future ERP system as well as the professional services activities to be a part of implementation. 1.4 Definitions ADDENDA – Written instruments issued by the City of Lake Elmo prior to the date for receipt of Proposals, which modify or interpret the Request for Proposal (RFP) documents by addition, deletions, clarification or corrections. CITY - The City of Lake Elmo, a political subdivision of the State of Minnesota. CITY EVALUATION TEAM – The group of City staff that will be evaluating vendor proposals CITY IMPLEMENTATION TEAM – The group of City staff that will be leading the software implementation. CONTRACT DOCUMENTS - The proposed Agreement will consist of the Request for Proposals, submitted Proposal, including any diagrams, blueprints, addenda, and the City’s Standard Agreement for Professional Services. CONTRACTOR -The qualified Vendor/consultant that is awarded a contract to provide ERP software and implementation services for the City of Lake Elmo. PROJECT – The ERP implementation project. PROPOSAL – A complete and properly signed proposal to provide goods, commodities, labor or services for the sum stated and submitted in accordance with the Request for Proposal. PROPOSER - The person, Contractor, corporation or other entity submitting a Proposal on items listed in the RFP Documents and thereby agreeing to meet the terms and conditions of th e specifications if awarded the contract. VENDOR - The person, consultant, corporation or other entity submitting a Proposal on items listed in the RFP and thereby agreeing to meet the terms and conditions of the specifications if awarded the contract. 1.5 No Obligation The inquiry made through this RFP implies no obligation on th e part of the City of Lake Elmo. 1.6 RFP Schedule of Events The following RFP Schedule of Events represents the best estimate of the schedule the City will follow. The City has performed extensive planning work and has planned to meet the dates described below. Vendors are encouraged to hold the demonstration dates listed. The City has an aggressive schedule for implementation and will need to stay on the schedule of dates listed below in order to meet its implementation goals. If a component of the schedule is delayed, it shall be anticipated that the remaining components will also be delayed by a similar number of days. Any significant change to the schedule will be published via RFP Addendum. Table 01: RFP Schedule of Events Event Estimated Date Request for Proposals Published August 2, 2017 Deadline for Proposal Submissions September 1, 2017 City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 7 Points of Contact Short List Vendors notified September 6, 2017 Vendor Demonstrations September 13-14, 2017 Preferred Vendor Notified September 21, 2017 Begin Contract Negotiations October 4, 2017 1.7 Pre-Qualification of Vendors The City has not employed a pre-qualification process. No vendors are either pre -qualified or precluded from responding to this RFP. 1.8 Minimum Qualifications In order for proposals to be evaluated and considered for award, proposals must be deemed responsive. To be deemed responsive, the submitted proposal documents shall conform in all material respects to the requirements stated by the RFP, and, proposers shall document and validate the capability to fully perform all requirements defined by the RFP. Factors to be considered include, but are not limited to: experience, integrity, reliability, capacity and other factors required to provide the services defined by the RFP. 1.9 Partnerships Proposers are encouraged to establish partnership relationships to fully provide all requirements defined by the RFP. Vendors engaged in a partnership relationship shall submit a single proposal in response to this RFP. Partnership relationships shall be clearly defined by proposal responses. Such definition shall identify the entity in the partnership relationship deemed the Prime Vendor. It is expected that any item in the proposal response guidelines that relates to an individual vendor’s capabilities shall be responded to for each vendor in the partnership relationship. 1.10 Incurred Expenses Neither the City of Lake Elmo nor any of its offices or employees shall be responsible for any cost incurred by a proposer in preparing and/or submitting a proposal response or participating in presentations as part of the evaluation procedure. 1.11 Questions and Inquiries The following table provides the contact information in order of preference by the City. Table 02: Points of Contact Brian Swanson – Finance Director bswanson@lakeelmo.org 651-747-3909 Kristina Handt – City Administrator khandt@lakeelmo.org 651-747-3905 Amy LaBelle – Accountant alabelle@lakeelmo.org 651-747-3916 City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 8 Questions and inquiries related to this procurement, including questions and inquiries related to technical issues are to be submitted in writing via email and directed to the contacts in Table 02 above. All questions and inquiries related to this RFP must reference the RFP or attachment page n umber and section. Questions shall be concise and numbered. 1.12 Clarification and Discussion of Proposals The City may request clarifications and conduct discussions with any proposer who submits a proposal. Proposers must be available for a presentation to the City on specific dates if selected for software demonstrations. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 9 2.1 Functional Areas The following table contains the list of functional areas of the desired ERP system. Table 03: Functional Areas No. Functional Area 1 General Ledger and Financial Reporting 2 Budgeting 3 Accounts Payable 4 Accounts Receivable and Cash Receipts 5 Project Accounting 6 Capital Assets – (Optional) 7 Human Resources 8 Payroll 9 Special Assessments – (Optional) 10 Utility Billing – (Optional) The City has identified an anticipated go-live date for core financials functionality of January 2, 2018. 2.2 City and Project Staffing The City intends to utilize existing staffing during the implementation process. Additional City resource planning has not been completed and will be based on the resource estimates and staffing plan provided by the vendor. 2.3 Number of Users The following user counts by module contained in Table 04 are estimates and are provided for planning purposes only. Table 04: Number of Users No. Functional Area Total Users 1 General Ledger and Financial Reporting 10 2 Budgeting 10 3 Accounts Payable 10 4 Accounts Receivable and Cash Receipts 5 5 Project Accounting 10 6 Capital Assets 4 7 Human Resources 4 8 Payroll 5 9 Special Assessments 4 10 Utility Billing 7 The estimated total users does not reflect those that may need concurrent access. As the City is projecting 2.0 Project Scope City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 10 these total user counts, vendors should make any needed estimates for concurrent users based on experiences with organizations of similar size to the City of Lake Elmo. 2.4 Current City Applications Environment The City of Lake Elmo currently uses Springbrook Software Version 6.00 to meet the Enterprise Resource Planning (ERP) software needs of its users, including (but not limited to) the following modules: Accounts Payable, Bank Reconciliation, Cash Receipts, General Ledger, and Payroll. The City has not upgraded the Springbrook software in many years, as version 7.18.2 is available and utilized by other Springbrook clients, which is cloud, based. The City also uses Banyon utility billing software; however, Banyon is not fully integrated with Springbrook. As such, data must be periodically uploaded into Springbrook. Both systems are used primarily by the Finance Department. Other systems and programs currently used by the City include: PermitWorks – This software is utilized by the Building and Finance Departments for licenses and permits, with integration possible, which is just beginning implementation. Beehive - The Public Works department is currently using Beehive for asset tracking, which does not integrate with Springbrook. Laserfiche Document Management System - The City currently uses Laserfiche Document Management System version 9.1.1. Integration between Laserfiche and Springbrook does not exist therefore users are required to search both systems for relevant information. End users also reported that finding documents in Laserfiche can be difficult and integration with a future system should decrease the need to search directly within Laserfiche. Other systems and programs currently used by the City include:  Neptune – Utility Billing  AutoRead – Utility Billing  Plan-It! Capital Improvement Software – This does not integrate with Springbrook and not anticipated it would need to be capable with future software.  Microsoft Windows – overall system environment of the City.  SCADA 2.5 Current City Technical Environment The following sub-sections describe areas of the City’s technical environment. 1. Support Model Technology in the City is coordinated by the City Clerk and Finance Director and provided by the City of Roseville’s Information Technology Department on a contractual basis. In addition, the City has support agreements for Springbrook through Accela, PermitWorks, and for its Utility Billing software Banyon. 2.6 Gap-Fit Analysis The City expects the selected vendor to conduct a high -level gap-fit analysis and the functionality available in the selected software product. The gap-fit analysis will identify areas where the City may be required to change existing business processes or potentially customize the ERP system to accommodate unique process requirements. The City desires to limit the number of customizations in the future environment and will work with the vendor to review the results of the gap-fit analysis and determine where customizations would be beneficial. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 11 The City expects that the vendor will review the results of the gap-fit analysis with City staff in onsite meetings at the initiation of the project. The vendor will update its response to the Functional and Technical Requirements based on this discussion with any necessary changes to ensure the v endor and the City have a common understanding of all business and technical requirements. 2.7 Implementation Project Plan As part of the Project Scope, the selected vendor must develop and provide the City with a detailed Implementation Project Plan that, at a minimum, will include the components listed below. 1. Project Objectives: This section should include overall project objectives. 2. Project Deliverables and Milestones: This section should include a list of deliverables and milestones of the project and with each deliverable or milestone, this section should describe exactly what will be provided and how it will be provided to meet the needs of the City. 3. Project Schedule: This section of the Project Plan should identify the dates associated with deliverables and milestones described in Section 2 of the Project Plan. In addition, the Project Plan should reflect project predecessors, successors and dependencies. 2.8 Software Customization Plan As part of the Project Scope, the selected vendor will develop and provide a detailed Software Customization Plan that includes anticipated customizations and their impact to the overall project schedule, budget, and final success. This software customization plan should describe the process that the City and the vendor will engage in for accepting the software modifications. While it is the City’s intent to utilize the vendor system’s existing capabilities and embedded best-practice business processes, it recognizes that there will be some critical work processes that require some amount of software customization. 2.9 System Interface Plan As part of the Project Scope, the selected vendor will develop and provide a detailed System Interface Plan that contains the proposed strategy for interfacing to all applications. During the gap-fit analysis, vendors will conduct the work necessary to gain an understanding of the existing environment and the complete list of interfaces that will need to be developed. 2.10 Data Conversion Plan As part of the Project Scope, the selected vendor will develop and provide a detailed Data Conversion Plan that describes how files will be converted to the proposed system (e.g., through software conversion aids/utility programs or special programs that must be written, the actual conversion procedures, etc.). The City would like to understand how the proposer would approach developing the data conversion plan, and the proposer’s project team to convert existing data as well as to interface with identified source systems will undertake what processes. A conversion schedule should identify planned conversion steps, estimated hours, and what resources will be required (by City or proposer) for all pertinent legacy data. Data conversion shall occur when migrating to the new application. The proposer is expected to assist the City in the conversion of both electronic and manual data to the new system. It is expected that the City will be responsible for data extraction from current systems and data scrubbing and that the proposer shall be responsib le for overall data conversion, coordination, definition of file layouts, and data import and validation into the new system(s). Proposers should plan to have converted data ready for the User Acceptance Testing phase of the project. 2.11 Testing Plan As part of the Project Scope, the selected vendor will develop and provide a Testing Plan that describes all phases of testing: unit, system, interface, integration, regression, parallel, and user acceptance testing. It is the City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 12 City’s expectation that the T esting Plan govern all phases of the project and that the vendor will provide assistance during each testing phase involving City users. The vendor will develop the initial User Acceptance Testing (UAT) plan, provide templates and guidance for developing test scripts, and will provide onsite support during UAT. The vendor will also provide a plan for stress testing of the system that will occur during or after UAT. 2.12 Training Plan As part of the Project Scope, the selected vendor will develop, provide, and manage a detailed plan for training. This Training Plan must include the information described below. 1. The role and responsibility of the software and/or implementation vendor in the design and implementation of the training plan (e.g., development of customized training materials, delivering training to City end users). 2. The role and responsibility of the City staff in the design and implementation of the training plan. 3. Overview of proposed training plan/strategy, including options for on-site or off-site training services, for the core project implementation team, end users, and technology personnel. 4. Proposed training schedule for City personnel of various user and interaction levels. 5. Descriptions of classes/courses proposed in the training plan. (The vendor should specify the unit of measure for its training, e.g., units, classes, days, etc., and define the hours associated with these units of measure.) The vendor must be very clear about exactly what training courses are included in the cost of the proposal. 6. The knowledge transfer strategy proposed by the software and/or implementation vendor to prepare City staff to maintain the system after it is placed into production. 7. Detailed description of system documentation and resources that will be included as part of the implementation by the vendor including, but not limited to, detailed system user manuals, “Quick Reference” guides, online support, help desk support, user group community resources, and others as available. It is the City’s intention that the selected vendor will coordinate the training of City personnel in the use of its application and that satisfactory implementation of an approved training plan will be a key component of this project’s deliverables. The proposer will provide documentation, including training manuals and agendas, before each training session with City staff. 2.13 System Documentation As part of the Project Scope, the selected vendor will develop and provide documentation that describes the features and functions of the proposed application software. The documentation shall be provided for both users and the technical personnel who will administer and maintain the system. It is desirable that differing levels of documentation (user documentation and technical documentation) exist. The selected vendor shall provide documentation in web-based and PDF forms for each application module. Proposers shall provide sample System Documentation as part of responses in accordance with the Submittal Response Format described in Section 4.0. In addition, proposers shall provide an overview of the system documentation that will be provided as part of system implementation. 2.14 Risk Register As part of the Project Scope, the selected vendor will develop and maintain a documented Risk Register. Such Risk Register will be maintained in a centrally accessible location (i.e., project portal) and be regularly updated. For each risk identified, the vendor shall be responsible to develop an impact summary and a mitigation strategy in a timely fashion. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 13 3.1 Evaluation Process The City’s Evaluation Committee will initially review and evaluate each proposal received to determine the proposer’s ability to meet the requirements of the City. The evaluation criteria described in Section 3.2 will be the basis for evaluation. The Evaluation Committee will determine the vendor (s) best suited to meet the needs of the City based on the scoring of the evaluation criteria. The City, at its sole discretion, reserves the right to have system demonstrations with any or all proposers. Demonstrations will be conducted at City offices. Time limitations and demonstration requirements will be provided with the notification. Each Evaluation Committee member will score the demonstration. Demonstrations will be assigned a portion of the overall Technical Capability score. The City may elect, at its sole option, to conduct discussions or demonstrations with all, some or no proposers. Demonstrations will involve a scripted demonstration as well as a demonstration “lab.” The City may request additional information or clarification of proposals and hereby reserves the right to select the particular response to this RFP that it believes will best serve its business and operational requirements, considering the evaluation criteria set forth below. 3.2 Evaluation Criteria The evaluation criteria in the following table are intended to be the basis by which each pro posal will be evaluated, measured, and ranked. The City hereby reserves the right to evaluate, at its sole discretion, the extent to which each proposal received compares to the stated criteria. The recommendation of the Evaluation Committee shall be based on the evaluations using the criteria. Table 05: Evaluation Criteria Criteria Description Maximum Score Functional & Technical This criterion considers both the qualifications of the personnel proposed to provide the services solicited by this RFP and the products that are proposed to be used in performing the services solicited by this RFP. In evaluating the proposer’s products, the City will consider the business benefits and the business process improvements because of implementing the proposer’s products. 35 points Approach This criterion considers the proposer’s understanding of the scope of work and the quality and clarity of the proposer’s written methodology and description of the proposed approach to accomplish the work. 20 points Experience This criterion considers (1) the proposer’s past performance on any City contracts, (2) the results of reference checks, and (3) the proposer’s experience in providing the services solicited by this RFP as set forth in the proposer’s response. 20 points Cost This criterion considers the price of the services solicited by this RFP. Proposers will be evaluated on their pricing scheme as well as on their price in comparison to the other proposers. 25 points 3.3 Best and Final Offer/Request for Clarification A Best-and-Final-Offer process may be initiated if it is determined to be in the best interest in the City. Such 3.0 Proposal Evaluation and Award City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 14 process may be initiated following any evaluation process step. Additional processes of scope and cost clarification may be employed as part of the evaluation process. 3.4 Negotiations and Contract Execution The City reserves the right to negotiate the final terms and conditions of the contract to be executed. In the event the City and the vendor are unable to agree upon all contract provisions, the City reserves the right to cease negotiations, to select another vendor, or to reject all Proposals. 3.5 Contracting Ethics 1. No elected official or employees of the City who exercise any responsibility in the review, approval, or implementation of the Proposal shall participate in any decision that affects his or her direct or indirect financial interests. 2. It is a breach of ethical standards for any person to offer, give, or agree to give any City employee or Council person, or for any City employee or Council person to solicit, demand, accept, or agree to accept from another person or agency, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group, or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded the general public. 3. The Vendor shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. The Vendor shall not accept any private client or project that may place it in ethical confl ict during its representation of the City. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 15 4.1 General Instructions Proposers submitting proposals must follow the following instructions : 1. The deadline for proposal submissions is established in Section 1.0, RFP Introduction and Background. The proposal deadline is August 17, 2017 at 4:00 PM Central Time. Proposals received after this deadline will not be accepted and will be returned to proposer. 2. Proposers shall submit four (4) hard copies of the Technical Proposal and four (4) hard copies of the Cost Proposal under separate covers to the City at the address contained in Table 06. One (1) hard copy of the Technical Proposal and one (1) hard copy of the Cost Proposal should be clearly marked as “Original,” and the remaining copies should be clearly marked “Copy”. 3. Proposers shall submit an electronic version of the Technical Proposal and an electronic version of the Cost Proposal on a USB drive to the City along with hard copy proposals. 4. Mailed proposals shall be clearly labeled on the outside of the packaging with the RFP Title. 5. The mailing address for proposals is contained in the following table. Table 06: Proposal Mailing Address City Mailing Address City Lake Elmo Attn: RFP – ERP Solution 3800 Laverne Avenue North Lake Elmo, MN 55042 4.2 Transmittal Letter and Executive Summary The first tab of the proposal should contain the Transmittal Letter and Executive Summary. The Transmittal Letter shall be signed by an authorized representative of the company such as the owner, partner, or in the case of a corporation, the President, Vice President, Secretary, or other corporate officer(s). The Transmittal Letter must provide the proposer’s primary contact information, including the following: 1. Name of the proposer representative 2. Title 3. Name of company 4. Address 5. Telephone number 6. E-mail address and 7. Signature of authorized officer of the firm The Transmittal Letter shall be printed on the proposer’s letterhead. The Transmittal Letter shall clearly express understanding and acceptance of all specifications, terms, conditions, and requirements set forth in this RFP. The Executive Summary should provide a brief summary of the proposal contents, emphasizing any unique aspects or strengths of the proposal. The Executive Summary may be incorporated as part of the Transmittal Letter. 4.0 Submittal Response Format City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 16 Tab 1 should not exceed three pages. 4.3 Project Approach and Software Solution The second tab of the proposal should include a description of the proposed approa ch for providing the services described in Section 2.0, Scope of Work. This section must also include a summary description of the capabilities for each functional area of the Functional and Technical Requirements contained in Attachment B in narrative format. The purpose of this summary is so that the City has a high -level understanding of the proposed solution. The narrative should be written for an audience of the end-user community. Descriptions should be included for any products proposed by third parties to meet the capabilities described in the Functional and Technical Requirements in Attachment B. Marketing materials should not be submitted on the proposed functionality. Proposers shall describe any assumptions made in proposals in detail. These s hould include any assumptions related to the current City technical environment, staffing, project management approach, and City resources available during implementation and support phases. 4.4 Implementation Methodology The third tab of the proposal should include a comprehensive description of the proposed implementation methodology for the project. The description should include how the proposer has developed this methodology to both incorporate lessons learned from experiences as well as to meet the needs described in Section 2.0, Project Scope. The City has identified an anticipated go-live date for core financials functionality of January 2, 2018. As part of the third tab of the proposal, vendors shall include a proposed project schedule. Proposers should also include a sample Project Plan as part of the third tab. 4.5 Company Background and History The fourth tab of the proposal should include a comprehensive narrative history of the firm, including the development of its experience in providing services similar to those described in Section 2.0, Scope of Work. The following points should be addressed in the fourth tab of the proposal. 1. Total number of employees 2. Office locations 3. Total number of active clients 4. Total number of active government clients 5. Total number of active city government clients 6. Total years offering government ERP systems 7. Largest active government installation including population 8. Smallest active government installation including population 9. Other products offered by company 10. Mergers and acquisitions in the past ten years including the entities involved If a partnership with third-party companies is a part of a proposal, the company background and history shall be provided for all third-party companies. It is expected that all of the points above shall be addressed for each company involved in a proposal, prime or third party. 4.6 Key Proposed Personnel and Team Organization The fifth tab of the proposal should include the resumes of the proposed project personnel as well as the structure of the proposed Vendor Project Team. The resumes and structures shall be provided for the implementation team as well as the personnel involved in live operation and ongoing support and maintenance. Resumes shall be specific to the actual personnel to be assigned to this project for all primary roles. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 17 The City reserves the right to require background checks be conducted on any individual conducting work as either an employee of the vendor or on the vendor’s behalf. 4.7 Project Roles and Responsibilities The sixth tab of the proposal should include the proposed resource levels for the City and Vendor Project Teams. The tab shall include the completed Resource Hours Worksheet contained in Attachment B. Vendors shall provide resource hour estimates by system module for each of the project activities contained in the two worksheets. A worksheet is provided for the City Project Team and a second worksheet is provided for the Vendor Project Team. Resource hour estimates provided should be based on the descriptions in Section 2.0, Project Scope. 4.8 Project Schedule The seventh tab of the proposal should include the proposed project schedule including major milestones, activities, and timing of deliverables. 4.9 Data Conversion Plan The eighth tab of the proposal should include the proposed Data Conversion Plan that will ensure the City’s desired data is transferred to the new system. The Plan shall include estimated work levels as well as roles and responsibilities related to data conversion, for both the City and the vendor, organized by module. 4.10 Sub-Contracting The ninth tab of the proposal should identify any of the required services that are proposed to be sub- contracted, if any. For each of these services the following should be provided: 1. Summary of service 2. Reasons for sub-contracting 3. Proposed sub-contractor 4. Detailed sub-contractor responsibilities 5. Sub-contractor name 6. Sub-contractor location 7. Sub-contractor experience 8. Previous use of sub-contractor and 9. Any additional relevant information 4.11 References The tenth tab of the proposal should identify the proposer’s references for the project. Propo sers shall provide at least three (3) City government clients with whom the proposer has worked with in the past five (5) years and that are of similar size and complexity to the City of Lake Elmo. References shall be preferred from City governments that have been live with the current software version for a minimum of two (2) years. In the event the proposer cannot provide the required references, substitution of other organizations should be made to ensure three (3) total references are provided. Proposers shall indicate how these substitute references deviate from the requested characteristics. If possible, the City prefers references that were managed by the same pro ject manager recommended for the City. This section of the RFP response should also include an affirmative statement that the proposer grants its consent for the City to contact the proposer’s references for purposes of evaluating the proposer for this pro ject and acknowledges that any information obtained from the proposer’s references will not be disclosed to the proposer. 4.12 Response to Narrative Questions City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 18 The eleventh tab of the proposal should include the proposer’s response to the following narrative q uestions. The total tab length shall not exceed fifteen pages. 1. Based on information provided in this RFP and experience in working with other cities, what is the proposer’s perspective on the most significant risks to this project and how do you plan to m itigate these risks? 2. What is your process for monitoring, escalating, and resolving issues that will arise during the project? 3. How do you propose to keep the project on task? 4. Provide a clear description of project management responsibilities between the City and the Vendor. 5. What is the earliest you can begin implementation after contract signing? 6. Please describe your organization’s recommended approach toward retention of legacy financial, budget, revenue, and payroll data. Please describe what options are available/supported within your proposed solution. 7. What other system modules or products would the proposer recommend to be complementary to the Project Scope as described in Section 2.0? 8. Describe how your software solution can support the annual proce ss of reviewing capital projects to determine which expenditures should be capitalized, which should be operating expense and which should remain as work-in-progress. 9. How can your system import CIP information from a third party, external source? 10. The City intends to consider implementing customer self-service functionality in future phases of the project. Please describe the available functionality of your software for providing citizen self-service. 11. What is your approach to managing documents in an environment where a City has an existing enterprise document management system? What documents might exist in an integrated ERP content manager versus the DMS? 12. The City currently has limited usage of credit cards but may expand this in the future. Please describe your ability to integrate with credit cards for City purchases. 13. What strategic decisions or direction is your firm taking or making related to the product being proposed today? 14. What is the name and current release number of the product being proposed? 15. When will the next release be available? 16. How long does the typical implementation of the product being proposed take for an organization of similar size to the City? 17. Does your firm complete the implementations of the product being proposed or is this effort outsourced? 18. What other applications will the product being proposed integrate with or have integrated with in the past? 19. What sets your firm’s product being proposed apart from your firm’s competitors? 4.13 Software Hosting The twelfth tab of the proposal shall include a full description of the respondent’s technical and operational capabilities for software hosting. The respondent shall include the following information in addition to this description: 1. Where are the data center and storage facilities? 2. Total number of active clients currently served by hosted solutions provided by your company. 3. How many years has your company provided hosted solutions? 4. How are hosted software applications deployed for use by numerous customers? 5. What availability and response time do you guarantee? 6. How many instances of unplanned outages have any of your customers experienced within the past five (5) years? 7. What is your process for notification of standard maintenance and downtime? 8. The respondent shall provide relevant documentation related to any recent certifications related to their hosting technical and operation capabilities. 4.14 Exceptions to Terms and Conditions The thirteenth tab of the proposal should include any exception the proposer takes to the terms and conditions set forth in this RFP. It is the City’s intention to be made aware of any exceptions to terms or conditions prior to City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 19 contract negotiations. 4.15 Price Proposal The proposer’s Price Proposal should be provided separately from all tabs of the proposer’s Technical Proposal. The Price proposal shall consist of two sections: 1. The completed Cost Proposal Worksheet as contained in Attachment A. Proposers shall not modify the worksheets in any way. 2. The proposer’s standard travel and expense policy. 3. Agreement with Payment and Retainage. The proposer shall provide a brief statement of agreement with the Payment and Retainage terms identified in this RFP. If a proposer does not agree with all items, a description should be provided of those items for which exception is taken. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 20 5.1 Contract Type The resulting contract from this procurement shall be a not-to-exceed based contract in the form of the City’s Standard Agreement for Professional Services attached to this RFP. The initial contract price will be based upon prices submitted by the selected vendor, subject to contract negotiations with the City, and shall be firm for the total number of years of the contract. 5.2 Contract Term The Agreement shall be effective upon the date the Agreement is signed by both the City and the Contractor, which will expire upon completion of the services covered by the Agreement. The City or the Contractor only pursuant to the terms of the contract may terminate this Agreement . 5.3 Contract Review The vendor will meet with the City not less than once per quarter to conduct a contract and performance review of the vendor. These meetings will be either in person in Lake Elmo, Minnesota, or via teleconference or web- conference. This contract and performance review will include a review of the pricing, delivery performance, customer service, and improving operational efficiencies. 5.4 Contract Changes Written requests for price changes in term contracts after the firm price period must be submitted in writing to the City. Any increase will be based on the vendor’s actual cost increase only, as shown in written documentation. All requests for price increases must be in writing, must not constitute increases in profit, and must contain data establishing or supporting the increase in cost. At the option of the City, (1) the reques t may be granted; (2) the contract may be cancelled and solicitation may be re -advertised; or (3) the contract may be continued without change. The City will accept or reject all such written requests within thirty (30) days of the date of receipt of vendor’s request for price increase or receipt of proper written documentation, whichever is later. If a price increase is approved, the City will issue an amendment to the contract specifying the date the increase will be effective. The vendor will be required to send notice to all users of the contract. All services and related accessories are to be billed at prices in effect at the time the service was rendered or order was placed. If a price increase is rejected, the vendor will be notified and the co ntract will continue without change. All other contract changes will be effective only on written agreement signed by both parties. 5.5 Contract Approval This RFP does not, by itself, obligate the City to award a contract. The City’s obligation will commence following the City Council’s approval of a contract. Upon written notice to the vendor, the City may set a different starting date for the contract. The City will not be responsible for any work done by the vendor, even work done in good faith, if it occurs prior to the contract start date set by the City. 5.6 Contract Dispute In the event of contract dispute, dispute proceedings will be held in the State of Minnesota. Mediation will be a mandatory first step in the event of a dispute, prior to any legal acti on as set forth in the contract. 5.0 Contract Terms and Conditions City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 21 5.7 Payment and Retainages The City understands that there will be potentially three types of costs that are associated with procuring a new system: software licensing, implementation services and annual maintenance costs. In the following sub-sections, each type of cost is defined and the City’s expectations for payments and retainage associated with these costs are described. 1. Software Licensing Cost Software license costs include all costs related to licensing the software application and include third- party software license fees, where applicable. In presenting software license fees, the proposer shall:  Explain all factors that could affect licensing fees;  Make clear what type of license is offered for each price (named user, concurrent user, installed copies, processor-based, etc.);  Indicate which product versions, operating platform(s), are included for each price;  Indicate whether a product is for “server” or “client,” as applicable; and,  Make clear the extent of any implementation services that are included in the license fees (installation, configuration, training, etc.). To the extent possible, the proposer shall show any applicable discounts separately from the prices for products and services. The City requests that the proposer provide separate prices for each functional area/module in the proposed solution. In addition, the City expects software maintenance costs will not increase in the first three years starting from beneficial use of each module. The City will provide payments associated with software license fees on a milestone basis described in the following table. Table 7: Software Licensing Payment Milestones Project Milestone (for each phase of the implementation) License Payment (% of Total) Associated Test Project Launch and Project Plan Approval 20% Launch Meeting has been completed and the City has signed off on the Project Plan deliverable. Initial System Implementation 20% Identified users can access the off-the-shelf system from all workstations. System Configuration Complete 25% The City has provided formal acceptance that all business requirements have been successfully configured and end users can access the configured test environment. End users are fully trained to undertake UAT activities. Approval of Go-Live 20% The City has signed off on the UAT test results. Acceptance of System 15% The City has signed off on at least two months of system operations and financial statements. 2. Implementation Services Cost Implementation service costs include all costs related to implementation, configuration, data conversion, customization, and training. Typically, implementation service costs are provided as “not to exceed” estimates and the City will be charged for services as incurred. The City will pay eighty-five percent (85%) of the implementation service costs on a monthly basis as incurred on the project. Fifteen percent (15%) of the implementation service co sts will be retained (as a “hold-back”) until successful completion of the associated project phase. The fifteen percent (15%) hold - back will be paid to the vendor upon City’s written acceptance of the system (see above for associated test criteria) and sign-off at phase completion. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 22 Costs for the proposed solution should be submitted on the Cost Worksheet (Attachment A). It is important to note the following:  The City will not consider time and materials pricing. Proposers shall provide fir m and fixed pricing based on the functionality described. For each item, indicate if the cost is one -time, annual, or other;  The proposer shall provide price information for each separate component of the proposed solution, as well as the costs of any modifications;  In the event the product or service is provided at no additional cost, the item should be noted as "no charge;”  In the event the product or service is not being included in the proposal, the item should be noted as "No Bid;” and,  Proposer shall make clear the basis of calculation for all fees. All travel expense costs must be included in the proposer’s fixed price cost. The City will not make a separate payment for reimbursable expenses. The City shall not be liable for additional travel costs incurred due for any reason outside the City’s control. 3. Annual Maintenance Cost Annual maintenance costs include the annual maintenance and support fees for the application environment. For example, the annual maintenance fees associated with Accounts Payable will be paid upon City acceptance of the project phase associated with the Accounts Payable module. The City will not pay maintenance fees on functional areas until City sign -off has been provided to approve live operation for one year after go live. The City expects software maintenance costs will not increase in the first three years upon live operation. 5.8 Taxes and Taxpayer Information The awarded vendor must provide a valid W -9 form within five (5) days of notification of award. The City will be paying any taxes in accordance with all applicable regulations. 5.9 Federal Requirements The vendor must comply with all known federal requirements that apply to the proposal, the evaluation, and the contract. 5.10 Confidential Information Any written, printed, graphic, or electronic or magnetically recorded information furnished by the City for the proposer’s use are the sole property of the City. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning City employees, products, services, prices, operations, security measures, and subsidiaries. The proposer and its employees shall keep this confidential information in the strictest confidence, and will not disclose it by any means to any person except with City approval, and only to the extent necessary to perform the work under the agreement. This prohibition also applies to the proposer’s employees, agents, and subcontractors. On termination of the agreement, the proposer will promptly return any confidential information in its possession to the City. 5.11 City Property The use of any City property must be approved in advance. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 23 5.12 Warranty A warranty is sought for both the software and implementation services. It is assumed that proposers have priced their services to recognize these warranty provisions. The extent of the warranty coverage will be evaluated as part of the overall procurement process. 5.13 Source Code Selected vendors shall place source code for the software modules licensed by the City in a repository. The source code shall be kept current with the releases / version of the software in live use at the City. The source code shall revert to the City for the City’s use if the vendor files for bankrup tcy or protection from creditors in a court of law. The City shall then have full rights to use source code for any purposes other than resale. Within thirty (30) calendar days of the vendor going out of business or no longer supporting the software being licensed, the vendor shall provide appropriate source code to the City. The same applies if the vendor is merged or acquired and the software is no longer supported. Once the City obtains the source code, it shall be a perpetual license, and there shall not be any additional fees due, even if additional licenses are deployed. 5.14 Insurance Requirements Amounts of Insurance The Contractor shall maintain insurance coverage in the amounts set forth in the attached Standard Agreement for Professional Services during the entire term of the contract. The City shall be named as an additional insured on said commercial general liability policy and certificates of said insurance evidencing all of the coverages required shall be provided to the City before any work on this project may commence . The Contractor shall not allow any sub-contractor to commence work until all insurance has been obtained and copies have been filed and accepted by the City. The Contractor shall be responsible for maintaining a valid certificate of insurance referencing the limits included below on file with the City. The Contractor must notify the City in writing thirty (30) days prior to cancellation or change in terms of the above insurance coverage. All insurance must be provided at the Contractor’s expense and at no additional cost to the City. Other Insurance Requirements The selected vendor agrees that it is its sole responsibility to provide the required Certificate of Insurance and that failure to comply within ten (10) business days following notice of award and according to the requirements of this RFP shall be a cause for termination of the contract. Insurance requirements herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Minnesota. All policies shall be subject to examination and approval by the City Attorney’s office for their adequacy as to form, content, form of protection, and providing company. Insurance requirements by this contract for the City as additional insured shall be primary insurance and not contributing with any other insurance available to City, under any third party liability policy. The selected vendor further agrees that with respect to the required insurances, the City shall: 1. Be named as additional insured/or an insured, on all required insurance except workers’ compensation. 2. Be provided with a waiver of subrogation, in favor of the City on all required insurance. 3. Be provided with an unconditional 30 days advance written notice of cancellation or material change. 4. Prior to execution of an agreement, be provided with either their original Certification of Insurance or their insurance policy evidencing the above requirements. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 24 5.15 Conflict of Interest Proposer shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Proposer or the services an d/or items to be provided, specifically and not limited to any laws relating to conflicts of interest. Failure to comply with any applicable laws, including the provisions of the Act, may result in: i) the forfeiture by Proposer of all benefits of the Contract; ii) the retainage by City of all services performed by Proposer and iii) the recovery by City of all consideration, or the value of all consideration, paid to Proposer pursuant to any awarded contract. 5.16 Pending and Recent Litigation Proposers must disclose any pending or recent litigation they are involved in as a company. Recent is defined as the past three years. Information provided should include the timeline of the litigation history, the subject of the litigation, and the status of the litigation. Proposals must also disclose any pending litigation of any third -party partners in the proposal. 5.17 Proposer’s Certification By signature on the proposal, the proposer certifies that it complies with: 1. The laws of the State of Minnesota and is licensed to conduct business in the State of Minnesota; 2. All applicable local, state and federal laws, codes and regulations; 3. All terms, conditions, and requirements set forth in this RFP; 4. A condition that the proposal submitted was independently arrived at, without collusion; and, 5. A condition that the offer will remain open and valid for the period indicated in this solicitation; and any condition that the firm and/or any individuals working on the contract do not have a possible conflict of interest. If any proposer fails to comply with the provisions stated in this paragraph, the City reserves the right to reject the proposal, terminate the contract, or consider the proposer in default. 5.18 Offer Held Firm Proposals must remain open and valid for at least 180 days from the deadline specified for submission of proposals. In the event award is not made within 180 days, the City will send a written request to all proposers deemed susceptible for award asking proposers to hold their price firm for a longer specified period. 5.19 Amendment/Withdrawal of Proposals Proposers may amend or withdraw proposals prior to the deadline set for receipt of proposals. No amendments will be accepted after the deadline unless they are in response to a request of the City. After the deadline, proposers may make a written request to withdraw proposals and provide evidence that a substantial mistake has been made. The City may permit withdrawal of the proposal upon verifying that a substantial mistake has been made, and the City may retain the proposer’s bid bond or other bid type of bid security, if one was required. 5.20 Alternate Proposals Proposers may not submit alternate proposals for evaluation. 5.21 Subcontractors Subcontractors may be used to perform work under this contract. If the proposer intends to use subcontractors, the proposer must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. If a proposal with subcontractors is selected, the proposer m ust provide the following information concerning each prospective subcontractor within five working days from the date of the City’s request: 1. Complete name of the subcontractor City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 25 2. Complete address of the subcontractor 3. Type of work the subcontractor will be performing 4. Percentage of work the subcontractor will be providing 5. Evidence, as set out in the relevant section of this RFP, that the subcontractor is registered and, if applicable, holds a valid State of Minnesota business license 6. A written statement, signed by each proposed subcontractor, that clearly verifies that the subcontractor is committed to render the services required by the contract and 7. A copy of the prime-contractor/sub-contractor contract verifying the prime-contractor has the sole responsibility for any and all services under this RFP and is financially liable, without exception, to the City for all services contracted by the proposer under this RFP The proposer’s failure to provide this information, within the time set, may cause the City to consider its proposal nonresponsive and reject it. The substitution of one subcontractor for another may be made only at the discretion and prior written approval of the City Administrator, Finance Director, or contract administrator designated by the City. 5.22 Joint Ventures Joint ventures are acceptable. If submitting a proposal as a joint venture, the proposer must submit a copy of the joint venture agreement that identifies the principals involved and its rights and responsibilities regarding performance and payment. 5.23 Right of Rejection The City reserves the right to reject any proposal, in completely or in part. Proposals received from debarred or suspended vendors will be rejected. The City may reject any proposal that is not responsive to all of th e material and substantial terms, conditions, and performance requirements of this RFP. The City reserves the right to reject any proposal determined to be nonresponsive or any proposal from a vendor deemed to be non-responsible. The City also reserves the right to refrain from making an award if it determines it to be in its best interest. 5.24 Clarification of Proposals In order to determine if a proposal is reasonably susceptible for award, communications by the City or the proposal Evaluation Committee are permitted with any proposer to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Clarifications may not result in a material or substantive change to the proposal. T he initial evaluation may be adjusted because of a clarification under this section. 5.25 Rights to Submitted Material It shall be understood that all proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts and proposal or referencing information submitted in response to this RFP, shall become the property of the City, and will not be returned. The City is subject to the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, and all in formation submitted shall be disclosed as required by the Act. 5.26 Contract Negotiation After final evaluation, the City may negotiate with the offerors of the highest-ranked proposal. Negotiations, if held, will be within the scope of the RFP and limited to those items that would not have an effect on the ranking of proposals. If any proposer fails to negotiate in good faith, the City may terminate negotiations and negotiate with the offeror of the next highest-ranked proposal. If contract negotiations are commenced, they will be held at the City of Lake Elmo office locations at a date and time to be determined. If contract negotiations are held, the offeror will be responsible for all costs including its travel and per diem City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 26 expenses. 5.27 Failure to Negotiate If the selected proposer: 1. Fails to provide the information required to begin negotiations in a timely manner; 2. Fails to negotiate in good faith; 3. Indicates it cannot perform the contract within the budgeted funds available for the project; or, 4. If the proposer and the City, after a good-faith effort, cannot come to terms; then The City may terminate negotiations with the proposer initially selected and commence negotiations with the next highest-ranked proposer. At any point in the negotiation process, the City may, at is sole discretion, terminate negotiations with any or all proposers. 5.28 Hold Harmless The Proposer shall hold and save the City and its officers, agents, servants/employees harmless from liability of any patented invention, process, article or appliance manufactured or used in the performance of the contract, including its use by the City. 5.29 Protection of Resident Workers The City of Lake Elmo actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification and non -discrimination. Under the INA, employers may hire only persons who may legally work in the United Sta tes (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I -9). The Proposer shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5.30 Statutory Information Any consulting agreement resulting from this RFP shall be construed in accordance with the laws of the State of Minnesota. Any litigation between the parties arising out of, or in connection with the contract shall be initiated in the court system of the State of Minnesota. All project participants, consultants, engineers and vendors must comply with all applicable federal, state and local laws pertaining to contracts entered into by governmental agencies, including non-discriminating employment. Contracts entered into because of submitting proposals are revocable if contrary to law. 5.31 Assignment or Subcontract Neither party shall assign any right or interest, nor delegate or subcontract any obligation owed without the written consent of the other. 5.32 Non-Discrimination Clause During the performance of this Agreement, the Contractor will not dis criminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, disability, age, marital status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 5.33 ADA The Contractor agrees to comply with the Americans with Disabilities Act Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 27 its services, programs, or activities. The Contractor agrees to hol d harmless and indemnify the City from costs, including but not limited to damages, attorney’s fees, and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Contractor. 5.34 Audit All books, records, documents and accounting procedures and practices of the successful Contractor relevant to the Agreement shall, pursuant to Minnesota Statutes, Section 16C.05, subdivision 5, be subject to examination at all times by the City and/or by the Legislative Auditor or State Auditor. 5.35 Laws The Contractor will comply with all applicable local, state, and Federal laws, ordinances and regulations in the performance of the Agreement. The Contract will comply with and be governed by all laws of the State of Minnesota. Any violation shall constitute a material breach of the executed Agreement. 5.36 Human Rights The Contractor agrees to comply with the Minnesota State Human Rights Act, Minnesota Statute Section 363. 5.37 Data Practices The Contractor will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13, of the Minnesota Statutes. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 28 See MS Excel spreadsheet “City of Lake Elmo ERP RFP Worksheets 7-27-17.xlsx” Attachment A – Cost Worksheets Attachment B – Resource Hours Worksheets Worksheets City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 29 Standard Agreement for Professional Services This Agreement (“Agreement”) is made on the day of , 20 , between the City of Lake Elmo, Minnesota (hereinafter "City"), whose business address is 3800 Laverne Avenue North, Lake Elmo, MN 55042, and , a (hereinafter "Consultant") whose business address is . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions including proposals and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from _ through _ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period, as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant expenses in a total amount not to exceed $ for the services as described in. Standard Agreement for Professional Services City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 30 A. Any changes in the scope of the work, which may result in an increase to the compensation due the Consultant, shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost due to the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 31 B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” E. Final Payment. Final payment, constituting the entire unpaid balance of the Compensation for Services, shall be paid by the City to the Consultant when the Work has been completed, the Agreement fully performed, and the City accepts the Work in writing. 6. Project Manager and Staffing. The Consultant has designated to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. Either party may terminate this Agreement on thirty (30) days written notice if the other party defaults or neglects to carry out the Work in accordance with the Agreement or fails to perform any provisions of the Agreement. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 32 another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed to find the Consultant an employee of the City. 12. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 33 $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non- owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the “City of Lake Elmo” as an Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, or their equivalent. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. “Stop gap” coverage for work in those states where Workers’ Compensation insurance is provided through a state fund if Employer’s liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current rating of no less than A-, unless City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 34 specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a “per project” basis; c. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall contain a waiver of subrogation naming “the City of Lake Elmo”; d. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall name “the City of Lake Elmo” as an additional insured; e. All policies, except the Professional Liability Insurance and Worker’s Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant’s Certificate of Insurance, which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 35 indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualif ied applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilit ies Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 36 shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Lake Elmo unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. City of Lake Elmo Request for Proposals Enterprise Resource Planning System Page 37 CITY OF LAKE ELMO Michael Pearson, Mayor Kristina Handt, City Administrator FIRM NAME By: Its: City of Lake Elmo, MN ERP RFP Attachment A - Cost Worksheet Page 1 of 4 Cost Area #1 General Ledger and Financial Reporting #2 Budgeting #3 Accounts Payable #4 Accounts Receivable and Cash Receipts #5 Project Accounting #6 Capital Assets (Optional) #7 Human Resources #8 Payroll #9 Special Assessments (Optional) #10 Utility Billing (Optional) Total Software License Costs 0 Software Customization Costs 0 Interfaces/Integration Costs 0 Data Conversion Costs 0 Professional Service Costs (not including integration and interfaces)0 Training Costs 0 Server Hardware Costs 0 Expenses (miscellaneous)0 Total One-Time Costs 0 0 0 0 0 0 0 0 0 0 Annual Maintenance 0 Custom Modification Maintenance (if applicable)0 Additional Maintenance Fees 0 Total Recurring Maintenance Costs 0 0 0 0 0 0 0 0 0 0 Maintenance Schedule:Year 1 Year 2 Year 4 Year 5 Rate of Increase over Prior Year (as a percentage) Maintenance Costs (as a dollar amount) Hourly Rate for Professional Services Hourly Rate for Custom Programming Annual rental cost for time clocks per device. Other Costs (if applicable; please specify the nature of these costs) Additional Costs: Cost Worksheet Vendor-Hosted Cost Worksheet Instructions: Provide a cost response for each cost area, based upon system modules for a vendor-hosted application. The pricing should be based on the detailed functionality that the City requires for each functional area. When a single price may be provided for a group of modules, please provide that cost with a notation. All additional costs should be captured in the respective areas. One-Time Costs: Recurring Maintenance Costs: City of Lake Elmo, MN ERP RFP Attachment A - Cost Worksheet Page 2 of 4 Cost Area #1 General Ledger and Financial Reporting #2 Budgeting #3 Accounts Payable #4 Accounts Receivable and Cash Receipts #5 Project Accounting #6 Capital Assets (Optional) #7 Human Resources #8 Payroll #9 Special Assessments (Optional) #10 Utility Billing (Optional) Total Software License Costs 0 Software Customization Costs 0 Interfaces/Integration Costs 0 Data Conversion Costs 0 Professional Service Costs (not including integration and interfaces)0 Training Costs 0 Server Hardware Costs 0 Expenses (miscellaneous)0 Total One-Time Costs 0 0 0 0 0 0 0 0 0 0 Annual Maintenance 0 Custom Modification Maintenance (if applicable)0 Additional Maintenance Fees 0 Total Recurring Maintenance Costs 0 0 0 0 0 0 0 0 0 0 Maintenance Schedule:Year 1 Year 2 Year 4 Year 5 Rate of Increase over Prior Year (as a percentage) Maintenance Costs (as a dollar amount) Hourly Rate for Professional Services Hourly Rate for Custom Programming Annual rental cost for time clocks per device. Other Costs (if applicable; please specify the nature of these costs) Additional Costs: Cost Worksheet City-Hosted via Third Party IT Contract-Cost Worksheet Instructions: Provide a cost response for each cost area, based upon system modules for a vendor-hosted application. The pricing should be based on the detailed functionality that the City requires for each functional area. When a single price may be provided for a group of modules, please provide that cost with a notation. All additional costs should be captured in the respective areas. One-Time Costs: Recurring Maintenance Costs: City of Lake Elmo, MN ERP RFP Attachment B - City Project Team Page 3 of 4 Functional Area Requirements and Design Configuration and Setup Implementation Testing Training Total General and Technical 0 General Ledger and Financial Reporting 0 Budgeting 0 Accounts Payable 0 Accounts Receivable and Cash Receipts 0 Project Accounting 0 Capital Assets 0 Human Resources 0 Payroll 0 Special Assessments 0 Utiltity Billing 0 Interfaces 0 Total Hours By Project Phase:0 0 0 0 0 0 City Project Team Instructions: The vendor is asked to provide the amount of resources that will be required from the City, in terms of number of hours. These amounts should be based on the functionality the City desires. City of Lake Elmo, MN ERP RFP Attachment B - Vendor Project Team Page 4 of 4 Functional Area Requirements and Design Configuration and Setup Implementation Testing Training Total General and Technical 0 General Ledger and Financial Reporting 0 Budgeting 0 Accounts Payable 0 Accounts Receivable and Cash Receipts 0 Project Accounting 0 Capital Assets 0 Human Resources 0 Payroll 0 Special Assessments 0 Utility Billing 0 Interfaces 0 Total Hours By Project Phase:0 0 0 0 0 0 Vendor Project Team Instructions: The vendor is asked to provide the amount of resources that will be committed to the project in terms of number of hours. These amounts should be based on the functionality the City desires. STAFF REPORT DATE: August 1, 2017 CONSENT AGENDA ITEM: 2017 Seal Coat Project – Pay Request No. 1 SUBMITTED BY: Ryan Stempski, Project Engineer REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Pay Request No. 1? BACKGROUND: The 2017 Seal Coat Project has been substantially completed for work in both Lake Elmo and West Lakeland Township. The only work remaining is for the contractor to place pavement marking tabs in Lake Elmo prior to public works striping the pavements later this fall. Payment in the amount of $164,639.75 has been requested by the Contractor, Allied Blacktop Company, based upon the work completed. The City has retained 5% of the total work completed for punchlist items in the amount of $8,665.25. The work completed for Lake Elmo streets was $122,265.00. Per the Joint Services Agreement, West Lakeland Township will be invoiced $51,040.00 for their portion of the construction costs. PROPOSAL DETAILS/ANALYSIS: Allied Blacktop Company has submitted Pay Request No. 1 in the amount of $164,639.75. The request has been reviewed and payment is recommended in the amount requested. The City has retained 5% of the total work completed for punchlist items in the amount of $8,665.25. FISCAL IMPACT: None. Payment is proposed in accordance with the Contract for the project. Payment remains within the authorized scope and budget. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Pay Request No. 1 for the 2017 Seal Coat project. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Pay Request No. 1 to Allied Blacktop Company in the amount of $164,639.75 for the 2017 Seal Coat Project; which includes $122,265.00 for work completed in the City of Lake Elmo; and $51,040.00 for work completed in West Lakeland Township.” ATTACHMENTS: 1. Pay Estimate No. 1 STAFF REPORT DATE: August 1, 2017 CONSENT AGENDA ITEM: 2017 Street Improvements - Change Order No. 1 SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 1 for the 2017 Street Improvements? BACKGROUND: Hardrives, Inc. was awarded a construction contract to complete the 2017 Street Improvements on May 16, 2017. The project is in construction with a substantial completion date of September 22, 2017. PROPOSAL DETAILS/ANALYSIS: Hardrives, Inc. has submitted a change order to address two design changes requested by the City as follows: 1. Replace an existing roadway culvert that has collapsed (failed) that was not intended for replacement in the original contract. The work includes mobilization and replacement of a culvert that failed at Station 17+50 on 55th Street North. 2. Improve the installation of two culverts by extending them beyond the City right-of-way after obtaining easements from an abutting property. The work includes the extension of culvert 305-1 by approximately 8 feet with the installation of riprap; and the extension of culvert 306-1 by approximately 16 feet with the installation of riprap. FISCAL IMPACT: This change order will increase the contract in the amount of $15,742.25 bringing the revised construction contract to $1,053,948.39. With this change order the project remains within the authorized project budget and contingencies. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 1 for the 2017 Street Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve Change Order No. 1 for the 2017 Street Improvements, thereby increasing the contract amount by $15,742.25”. ATTACHMENTS: 1. Change Order No. 1. CHANGE ORDER NO. 1 2017 STREET IMPROVEMENTS CITY OF LAKE ELMO, MINNESOTA PROJECT NO. 2016.135 QUANTITY UNIT PRICE AMOUNT CO1‐1 LS 1.0 $2,400.00 $2,400.00 CO1‐2 LF 54.0 $5.25 $283.50 CO1‐3 LF 54.0 $60.90 $3,288.60 CO1‐4 EA 1.0 $2,205.15 $2,205.15 CO1‐5 EA 1.0 $700.00 $700.00 CO1‐6 LS 1.0 $3,150.00 $3,150.00 CO1‐7 LS 1.0 $3,715.00 $3,715.00 TOTALS ‐ CHANGE ORDER NO. 1 $15,742.25 After obtaining easements from an abutting property owner the  installation of Culvert 306‐1 can be improved by extending the culvert  an additional 16 LF beyond the street right‐of‐way. Work includes  culvert extension and rip rap placement. DESCRIPTION / JUSTIFICATIONITEM DESCRIPTION OF PAY ITEM UNIT CHANGE ORDER MOBILIZATION REMOVE STORM SEWER CULVERT 306‐1 EXTENSION 18‐INCH RCP STORM SEWER 18‐INCH FES W/ TRASHGUARD CONNECT TO EXISTING STRUCTURE CULVERT 305‐1 EXTENSION Replace an existing roadway culvert at station 17+50 on 55th Street  North that has collapsed (failed) and was not intended for replacement  in the original contract. After obtaining easements from an abutting property owner the  installation of Culvert 305‐1 can be improved by extending the culvert  an additional 8 LF beyond the street right‐of‐way. Work includes  culvert extension and rip rap placement. STAFF REPORT DATE: August 1, 2017 CONSENT AGENDA ITEM: CSAH 13 (Ideal Avenue) Improvements – Approve Cooperative Agreement Payment No. 2 SUBMITTED BY: Chad Isakson, Project Engineer REVIEWED BY: Krintina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Payment No. 2 for the CSAH 13 (Ideal Avenue) Improvements? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: In May 2017, the City of Lake Elmo entered into Cooperative Agreement No. 10904 with Washington County for the cost sharing of the CSAH 13 (Ideal Avenue) Improvements. In accordance with the agreement payment schedule, Washington County has submitted Invoice #125153 in the amount of $1,256.83. The amount requested reflects the City’s share of the construction costs expended through partial pay estimate #1 to the general contractor. The invoice has been reviewed and payment is recommended in the amount requested. FISCAL IMPACT: No additional fiscal impact. Payment is proposed in accordance with Cooperative Agreement No. 10904 with Washington County. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, payment to Washington County in the amount of $1,256.83 for the CSAH 13 (Ideal Avenue) Improvements. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve payment to Washington County in the amount of $1,256.83 for CSAH 13 (Ideal Avenue) Improvements in accordance with Invoice #125153 attached and per Section G of Cooperative Agreement No. 10904.” ATTACHMENTS: 1. Washington County Invoice No. 125153 and supporting detail. CSAH 13 ‐ TH 5 to CSAH 35 ‐ Billing Summary City of Lake Elmo County/City Cooperative Agreement #10904 Through Cost Split #1 7/18/2017 Estimated  Cost  (from Cooperative  Agreement) Current Cost  (based on Bid) Previously Billed Current Amount  Due Construction 328,120.80$                   29,508.54$            28,251.71$            1,256.83$              Design Engineering 38,999.17$                     38,999.17$            38,999.17$            ‐$                        Construction Engineering/Contract Administration 16,419.42$                     ‐$                        ‐$                        ‐$                        Right of Way           Road Improvements (36.1%)96,855.00$                     ‐$                        ‐$                        ‐$                                  Storm Pond (20%)68,000.00$                     ‐$                        ‐$                        ‐$                        TOTAL 548,394.39$                   68,507.71$            67,250.88$            1,256.83$              STAFF REPORT DATE: August 1, 2017 CONSENT MOTION TO: Mayor and City Council FROM: Kristina Handt, City Administrator AGENDA ITEM: Service Contract with Youth Service Bureau BACKGROUND: Statutory cities, like Lake Elmo, are limited to the authority granted to them under state statute. Generally, cities are not granted authority to make donations to non-profits. However, a city may use its contracting powers to enter into an agreement for services from a non-profit. The City has been giving money to Youth Service Bureau (YSB) for a number of years. It is typically handled in the annual budgeting process. In 2016, $5,000 was budgeted. In 2017 the amount budgeted was $5,250. ISSUE BEFORE COUNCIL: Should the city approve a service contract with Youth Service Bureau? PROPOSAL DETAILS/ANALYSIS: Included in your packet is a contract for services between Youth Service Bureau and the City of Lake Elmo for 2018. The contract outlines the services provided by Youth Service Bureau to a person living in, attending school in or issued a citation in the City of Lake Elmo. In exchange, the City of Lake Elmo will pay $5,250 to YSB for these services. The City Attorney has reviewed the contract and her comments were incorporated into the latest draft by YSB. Bob Sherman, Executive Director of Youth Service Bureau will be at the meeting if there are any questions. FISCAL IMPACT: The fee for the service for 2018 is $5,250. This amount has been included in the first draft of the budget presented to Finance Committee on 7/13/17. OPTIONS: 1) Approve the service contract 2) Amend and then approve the service contract 3) Do not approve the service contract RECOMMENDATION: If removed from the consent agenda: Motion to approve the 2018 Service Contract with Youth Service Bureau ATTACHMENTS: • 2018 Contract • Info Sheet on Services Provided 1 Service Contract between CITY OF LAKE ELMO and YOUTH SERVICE BUREAU, INC. The City of Lake Elmo, 3800 Laverne Avenue North, Lake Elmo, Minnesota 55042, hereinafter referred to as the “City,” and Youth Service Bureau, Inc., 101 West Pine Street, Stillwater, Minnesota, 55082, hereinafter referred to as the “Contractor,” enter into this agreement for the period from January 1, 2018, to December 31, 2018. WHEREAS, the City is committed to using community-based approaches to strengthen individuals, families, and community; WHEREAS, the City has identified the following outcomes for juvenile diversion and early intervention: Juvenile offenders will be held accountable for their actions by engaging in activities that repair the harm done to the victim and community and will participate in programs that promote an increased understanding of the impact of their offense on victims, communities, and themselves; Crime victims will be notified of diversion proceedings; will have opportunities to provide input; and, if willing, will have the opportunity to participate in the process; Community members will have active and direct involvement in programming; WHEREAS, the City, pursuant to its goals of providing accountability and the most appropriate diversion and early intervention available to juvenile offenders, wishes to purchase services for youth involved in at-risk behavior from the Contractor to support these outcomes; NOW, THEREFORE, the parties agree as follows: 1. Contractor's Responsibilities Contractor agrees to provide the following services: a) Complete an in-person intake meeting with the juvenile and parent(s) with all qualified referrals and to include approved standardized screening tools. b) Provide Community Work Service (CWS), and recruit and support CWS sites. Supervise and monitor community work service clients who are ordered by a court and/or referred by local law enforcement officials. Actively connect with CWS sites in the community, strengthen those relationships and seek/develop new CWS sites for youth. c) Provide educational and prevention/early-intervention programs, specifically as follows: chemical awareness, bullying awareness, conflict awareness, theft awareness, or another approved alternative. Eligible juveniles include those who are Court-ordered, and those who are referred by local law enforcement, schools, or parents. The reason for the referral must be for behavior or actions that could result in a police report, a citation, or a petition for delinquency. d) Provide evaluation and counseling. Counseling services can include crisis intervention, individual and family and group counseling. Families will pay for these services using insurance coverage or by using an available sliding-fee scale. The City subsidizes costs of counseling services after the family’s insurance coverage or ability to pay has been exhausted. 2 e) Provide victims of crimes diverted by local law enforcement the opportunity for direct or indirect involvement into how the juvenile should be held accountable, including consideration of the impact of the crime on the victim and any specific needs for restitution. When necessary, due to the nature of the offense, restitution will be determined, collected, and paid to the victim. f) When possible and appropriate, facilitate restorative justice interventions, such as victim- offender mediation, family group conferencing, and/or community-panels, so that juvenile offenders are held directly accountable to the victim and victimized community through some form of reparation. g) Monitor agreements or contracts to ensure follow-through by juvenile offenders. The agency agrees to use a standardized contract form as developed by the Washington County Juvenile Probation Aide and the individual Youth Diversion Specialists at quarterly meetings. Ongoing communication between the Diversion Specialists and the referring parties is expected to allow for maximum case-management and coordination. h) The Contractor agrees to provide the programs for youth and families enumerated in Attachment A, which is incorporated herein by reference. 2. Client Eligibility A person, subject to the purview of the City (meaning such persons as live in, attend school in, or are issued a citation in the city) between the ages of five and eighteen, or older if still in high-school, their family members, and the victims of juvenile crime who are assessed to be appropriate shall be eligible for services provided under the terms of this Agreement. 3. Cost and Delivery of Purchased Services – The total amount to be paid to the Contractor for services purchased under this agreement shall not exceed Five Thousand Two Hundred and Fifty Dollars ($5,250.00). For these services, the City agrees to make annual/quarterly payments to the Contractor of Five Thousand Two Hundred and Fifty Dollars ($5,250.00) on or about January 15, 2018. The City acknowledges that evaluation and counseling services will be provided to families at rates set by YSB, which may be paid through insurance or directly by families with the ability to pay for such services. 4. Evaluation, Reporting, and Information Requirements – The Contractor agrees to reasonable evaluations of its programs, employees, and volunteers and make them available for review by the City if so requested. The Contractor agrees to comply with all reporting requirements as assigned by law, rule, or contract by the State of Minnesota. The Contractor further agrees to abide by all laws and rules regarding confidentiality and data practices. The Contractor agrees to provide necessary information allowed by law and deemed necessary by the City and/or local law enforcement on referred cases. 5. Indemnification – The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents for all claims arising out of the Contractor’s activities related to the services provided under this agreement up to the liability limits set forth in Minn. Stat. 466.04. The City will indemnify YSB, Inc., from and against all liability up to the liability limits set forth in Minn. Stat. 466.04. No other provision of this agreement shall serve to limit in any way the obligations of the Contractor to indemnify and defend the City under this clause. 6. Insurance Requirements – The Contractor agrees that in order to protect it self, as well as 3 the City, from claims arising out of the Contractor’s activities under this agreement, it will at all times during the term of this agreement keep in force policies of insurance providing the following coverage: professional liability insurance in the amount of One Million Dollars ($1,000,000); comprehensive general liability insurance policy in the amount of One Million Dollars ($1,000,000); automobile liability insurance, including non-owned and hired autos, in the amount of One Million Dollars ($1,000,000). The Contractor further agrees to maintain Workers’ Compensation insurance as required by applicable law. Contractor will also maintain excess liability coverage in the amount of One Million Dollars ($1,000,000) per occurrence. Certificates of Insurance showing the coverage listed herein shall be provided to the City within 30 days of the effective date of this contract. 7. Data Privacy – All data collected, created, received, maintained, or disseminated for any purpose by the activities of the Contractor because of this agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, as amended, the Minnesota Rule implementing such Act now in force or as adopted, as well as federal regulations on data privacy. 8. Record Disclosures/Monitoring – Pursuant to Minn. Stat. 16C.05, Subd. 5, the Contractor agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Contractor and involve transactions relating to this agreement. The Contractor agrees to maintain these records for a period of three years from the date of termination of this agreement. 9. Nondiscrimination – During the performance of this agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. 10. Independent Contractor – Nothing contained in this agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the City or the City’s law enforcement services provider. No tenure or any rights or benefits, including Workers’ Compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to City employees shall accrue to the Contractor or employees of the Contractor performing services under this agreement. 11. Conditions of the Parties’ Obligation – This agreement may be canceled by either party at any time, with or without cause, upon 30 days’ notice, in writing, delivered by mail, or in person. Any alterations, variations, modifications, or waivers of the provisions of this agreement shall be valid only when they have been reduced to writing, duly signed by both parties, and attached to the original of this agreement. In the case of cancellation of this contract, the fee will be refunded on a prorated basis based on the number of months left in the contract. 12. Compliance With Law – The Contractor shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted insofar as they relate to the Contractor’s performance of the provisions of this agreement. 4 13. Firearms – Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including, but not limited to, employees, agents, or subcontractors of the Contractor shall carry or possess a firearm on City premises. Violation of this provision shall be considered a substantial breach of the agreement. Violation of this provision is grounds for immediate suspension or termination of this contract, without notice, pursuant to Section 12. 14. Savings Clause – If any section of this agreement is found to be invalid or not enforceable, the remainder of the agreement will remain in force and binding. 15. Governing Law – The laws of Minnesota shall govern the interpretation and prosecution of this agreement. 16. Notices – If any official correspondence concerning this agreement needs to be communicated to the other party, the following shall be deemed the effective addresses As to the City: City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 As to the Contractor: Youth Service Bureau, Inc. 101 West Pine Street Stillwater, MN 55082 IN WITNESS THEREOF, the City and the Contractor have executed this agreement this ____________day of _____________________________, 2017. By: ____________________________ Mayor, City of Lake Elmo By: _____________________________ City Clerk, City of Lake Elmo By: _____________________________ Robert T. Sherman Executive Director Youth Service Bureau, Inc. STAFF REPORT DATE: 8/1/2017 CONSENT MOTION TO: City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: Sunfish Lake Park Cross Country Trail Grooming Grant REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: For the past several years, the City has been a participant in the Cross Country Ski Trail Assistance Program sponsored by the Minnesota DNR. This program allows for reimbursement of costs related to maintaining the ski trails in the forms of fall trail maintenance and winter trail grooming. The proposed application would cover the 2017/2018 ski season in Sunfish Lake Park. ISSUE BEFORE COUNCIL: Should the city pursue submission of a grant application for Cross Country Trail Grooming Reimbursement at Sunfish Lake Park? PROPOSAL DETAILS/ANALYSIS: Each year the City of Lake Elmo has participated in the Cross Country Ski Trail Assistance Program for the trail system in Sunfish Lake Park. The fund allocations are driven by the number of participants in the program and the number of trail miles being maintained. The city has consistently received $4,000-$4,500 per year in grant funds to cover a portion of the costs related to the Cross Country Ski Trail maintenance in Sunfish Lake Park. These funds are used to help offset the cost of fall trail preparations and the cost of grooming throughout the winter months. A requirement of the application process is to attach a resolution providing City Council approval to sponsor the participation in the program. FISCAL IMPACT: • If awarded, the city could receive approximately $4,000 to $4,500 to help offset the cost of trail maintenance. OPTIONS: • Approve participation in Cross Country Trail Grooming Grant • Deny participation in Cross Country Trail Grooming Grant • Table for future discussion Page 2 RECOMMENDATION: “Motion to approve Resolution2017-084 to approve grant submission to Minnesota Department of Natural Resources for Cross Country Ski Trail Grant-In-Aid Program.” ATTACHMENTS: • Resolution 2017-084 • Grant Application CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2017-084 A RESOLUTION RELATED TO SPONSORING THE CITY OF LAKE ELMO PARTICIPATION IN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES CROSS-COUNTY SKI TRAIL GRANT-IN-AID PROGRAM FOR THE 2017/2018 SEASON BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, that the City of Lake Elmo will sponsor the City participation in the Minnesota Department of Natural Resources Cross-County Ski Trail Grant-In-Aid Program for the 2017/2018 Ski Season. APPROVED by the Lake Elmo City Council on this 1st day of August 2017. By: __________________________ Mike Pearson Mayor ATTEST: ________________________________ Julie Johnson City Clerk Revised 3/6/2015 MINNESOTA CROSS-COUNTRY SKI TRAIL GRANT-IN-AID PROGRAM MAINTENANCE AND GROOMING APPLICATION GENERAL INFORMATION Trail Name: Sunfish Lake Park Cross Country Ski Trail Base Ski GIA Grant Amount: $ 4000.00 Trail Association or Club Name (if applicable): City of Lake Elmo Miles of Trail in GIA Program: Trail Administrator Name: Rob Weldon Trail Administrator Email: rweldon@lakeelmo.org Trail Administrator Phone: 651-747-3941 Trail Administrator/Association Mailing Address (Street, Box Number, City, State, and Zip Code): 3800 Laverne Ave N Lake Elmo, MN 55042 Trail Administrator Signature: Trail Administrator Signed Date: 8/1/2017 UNIT OF GOVERNMENT/SPONSOR APPROVAL Unit of Government Sponsor: City of Lake Elmo Sponsor Email: rweldon@lakeelmo.org Sponsor Phone: 651-747-3941 Authorized Representative of Sponsor Name: Rob Weldon Authorized Representative of Sponsor Title: Public Works Director Sponsor Mailing Address (Street, Box Number, City, State, and Zip Code): 3800 Laverne Ave. N Lake Elmo, MN 55042 Sponsor Signature: Sponsor Signed Date: 8/1/2017 REQUIRED ATTACHMENTS Final Grooming Request for Reimbursement from Previous Year Local Unit of Government/Sponsor Resolution Map of Ski GIA Trail Sign Order (if applicable) DEPARTMENT OF NATURAL RESOURCES APPROVAL OF APPLICATION Parks and Trails Area Supervisor Signature: Signed Date: STAFF REPORT DATE: August 1, 2017 CONSENT AGENDA ITEM: Parks Commission Appointment SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: Shane Weis resigned from the Parks Commission in July. As a result, Jean Ollinger should be moved up from 1st alternate to a voting member (term ending 12/31/18)to complete Weis’ term and Tucker Pearce moved from 2nd alternate to 1st alternate. This leaves a vacancy in the 2nd alternate position. ISSUE BEFORE COUNCIL: Who should the Council appoint to the Parks Commission as a 2nd alternate? PROPOSAL: The City has received an application from John Mayek. The application was emailed to Council before the meeting. OPTIONS: 1) Appoint John Mayek to the Parks Commission as 2nd Alternate 2) Appoint someone else to the Parks Commission as 2nd Alternate RECOMMENDATION: “Motion to appoint John Mayek to the Parks Commission as 2nd Alternate STAFF REPORT DATE: August 1, 2017 REGULAR MOTION TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Reconsideration of Shoreland Variance - 9359 Jane Road North REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The Council adopted Resolution 2017-062 at its June 20, 2017 meeting, which approved a variance request from Scott and Julie Drommerhausen of 9359 Jane Road North for variances to allow expansion of a non-conforming structure which does not meet the required minimum structure setback from the Ordinary High Water Level (OHWL) and maximum impervious surface standards of the City’s shoreland district. The approval was subject to the following conditions: 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 2) The Applicant shall direct appropriate rain gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff) designed by a professional engineer or landscape architect and installed under their direction. The rain garden should mitigate the increased impervious surface of the entire addition to the home (685 square feet). The Council has now expressed the desire to reconsider the variance, specifically condition #2 outlined above. ISSUE BEFORE THE COUNCIL: The Council is being asked to hold a public hearing and consider if the variance approval granted by adopted Resolution 2017-062 should be rescinded and if it should adopt a new resolution that approves the variance request with amended conditions of approval. PROPOSAL DETAILS/ANALYSIS: MNDNR Comments. The Minnesota Department of Natural Resources (MNDNR) was noticed of the variance request as required by the City’s Shoreland Ordinance, Section 154.800 of the Zoning Code. The MNDNR recommended denial of the variance request, as the proposed addition would increase the impervious surface on the property to 29.7% (which is almost twice the maximum impervious surface allowed for unsewered properties within a recreational development shoreland (15%)) and is in a shore impact zone. The MNDNR also recommended was made that if a variance was granted for this project, mitigation conditions should be included with the variance approval. These mitigation conditions could include modify construction design to minimize impact; direct rain gutter discharges into a rain garden; or restore shoreline vegetation to natural state. Page 2 Planning Commission Recommendation. Because of the MNDNR’s aforementioned recommendation, Staff and the Planning Commission recommended that a condition of approval of the requested variance be that the applicant direct appropriate rain gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff). Staff believed that this would be the least expensive and most reasonable option. Staff also added that the design of the rain garden be done by a professional engineer or landscape architect and installed under their direction in order to ensure the rain garden’s effectiveness. The Planning Commission recommended adding the Staff-recommended condition by adding that the rain garden should mitigate the increased impervious surface of the entire condition (685 square feet). Impervious Surface Added. As mentioned in the report and presentation to Council as it considered the variance request, the proposed addition will be in place of an existing deck. The City does not consider decks to be impervious surface, while many other cities and the MNDNR do. The proposed addition will only add a total of 105 square feet to the existing footprint of the deck, but because the deck is considered pervious, a total of 685 square feet of impervious surface will be added. Rain Garden Cost. Staff has asked the City’s Consulting Landscape Architect for a quote for the installation of a rain garden that would mitigate 685 square feet of impervious surface. This quote is attached. The projected costs of such a rain garden would be $12,000.00. The City has required an escrow with release of the building permit for this addition to ensure the rain garden is installed. Should the Council wish to remove the condition of approval that the rain garden be installed, this escrow will be released back to the applicant. Public Hearing. The City Attorney has verified that a public hearing is required for a variance amendment. The public hearing notice was advertised in the City’s official newspaper, and notices were sent to property owners within 350 feet of the subject property. Additionally, the MNDNR was notified per State Statute. FISCAL IMPACT: None. OPTIONS: The Council may: • Adopt Resolution 2017-075, declaring Resolution 2017-067 rescinded and no longer in effect and approving the variance requests, subject to the amended conditions of approval. • Amend Resolution 2017-075 and adopt as amended. • Not adopt Resolution 2017-075. RECOMMENDATION: If the Council wishes to adopt Resolution 2017-075, it may do so with the following motion: “Move to adopt Resolution 2017-075, rescinding Resolution 2017-067 and approving requests for shoreland variances from the minimum structure setback from the Ordinary High Water Level and maximum impervious surface standards, subject to one condition of approval.” ATTACHMENTS: • Previously adopted Resolution 2017-062 • MNDNR review letter • Resolution 2017-075 Page 3 • Quote for rain garden 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-062 A RESOLUTION APPROVING A VARIANCE FROM MINIMUM STRUCTURE SETBACK FROM ORDINARY HIGH WATER LEVEL AND MAXIMUM IMPERVIOUS SURFACE STANDARDS OF THE CITY’S SHORELAND DISTRICT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Scott and Julie Drommerhausen, 9359 Jane Road North, Lake Elmo, MN 55042 (“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for variances to allow construction of an approximately 685 square-foot addition, which will replace an existing deck, to the east of an existing home currently setback 45.4 feet from the Ordinary High Water Level (OHWL) and maximum impervious surface standards to increase the current impervious surface percentage from 26.9% to 29.7%. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on June 12, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated June 12, 2017; and WHEREAS, the City Council considered said matter at its June 20, 2017 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: 2 a) A variance to allow for an addition to an existing single-family detached home that does not meet the minimum setback from the OHWL or maximum impervious surface requirements. 4) That the Variance will be located on property legally described as follows: Lots 9 & 10, Berschen’s Shores, Washington County, Minnesota. PID# 10.029.21.24.0006. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: The subject property was platted prior to adjustment of the Ordinary High Water of Lake Jane and the adoption of Shoreland standards by the City, and therefore the lot is much wider than it is long. Because of the shape of the lot, the Applicant is proposing to expand the home laterally rather than further encroaching on the current setback of the Ordinary High Water Level. Additionally, the addition will not expand much more of the footprint of the principal structure, as a slightly smaller deck that will be torn down exists where the addition is being proposed. Additionally, although the City’s ordinance does not treat decks as impervious, many do. If decks were considered impervious, the addition would only add 109 square feet of impervious surface, or an increase of about 0.46%. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: The property is unique in that it is much wider than it is long, and the Applicant was not involved in the platting process of this property nor the adoption of the City’s shoreland standards. The Applicant also was not involved in any previous variance requests for the subject property. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: The proposed addition is in place of an existing deck and only slightly increases the footprint of the existing principal structure, including the existing deck, by 109 square feet. Additionally, the proposed addition does not further encroach on the existing setback of the principal structure from the OHWL of the property and has a setback from the OHWL similar to those of adjacent principal structures. 8) That the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific findings: The proposed addition will not further encroach on the setback of the existing structure from the OHWL and therefore will not further impair lake views of neighboring properties and will not impair an adequate supply of light and air. It also will not increase congestion of public streets or substantially diminish or impair property values within the neighborhood. Adjacent properties, including the subject property, have been granted similar variances and are setback a similar distance from the OHWL. CONCLUSIONS AND DECISION 3 Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following conditions. 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 2) The Applicant shall direct appropriate rain gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff) designed by a professional engineer or landscape architect and installed under their direction. The rain garden should mitigate the increased impervious surface of the entire addition to the home (685 square feet). Passed and duly adopted this 20th day of June 2017 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk CENTRAL REGION 1200 WARNER ROAD SAINT PAUL, MN 55106 651-259-5800 6/9/2017 Emily Becker Lake Elmo City Planner 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: Shoreland Variance Request at 9359 Jane Road North, Lake Elmo (Lake Jane - 82010400) Emily – The primary goal of limiting impervious surfaces within shoreland districts is to reduce the amount of runoff directed into Minnesota waters. Runoff from impervious surfaces travels over the land and carries pollutants such as nutrients, sediment, bacteria, pesticides, heavy metals, and organic wastes. Studies have consistently shown a strong, direct connection between the percentage of impervious surface in a watershed and water quality degradation. As impervious surface area expands, so does the volume of runoff, phosphorus, and sediment entering waters, causing nuisance algae blooms, reducing public enjoyment, and harming aquatic plants and animals. Please use the attached MNDNR guidance on variances to maximum impervious surface in shoreland districts when evaluating this variance request against statutory criteria and developing a findings of fact. If findings support granting the variance, impacts to Lake Jane should be considered in developing appropriate conditions to mitigate those impacts. This project would increase impervious surface from 26.9% to 29.7%, where the maximum impervious surface allowed is 15% for unsewered properties within the shoreland district of a recreational development lake. MNDNR recommends denial of this variance request because this additional increase in impervious surface would result in a percent impervious that would be nearly double the City’s standard and because the proposed addition is within the shore impact zone (SIZ). If a variance is granted for this project, MNDNR recommends that the City of Lake Elmo include conditions on the variance that mitigate for this increase in percent impervious surface. Examples of appropriate mitigation conditions include: • Modify construction design (to minimize impact). • Direct rain gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff). • Restore shoreline vegetation to natural state (to intercept and filter runoff coming from the structure). Thank you for the opportunity to comment on this variance request. Sincerely, Jenifer Sorensen MNDNR, East Metro Area Hydrologist 1200 Warner Road St. Paul, MN 55106 651-259-5754 | jenifer.sorensen@state.mn.us Page 1 Page 1 of 2  Variance Guidance Series – ISC, Updated 10/10/2012  Shoreland & Floodplain   Variance Guidance Series  This is one of a series of examples developed as guidance for considering variance requests along  lakes and rivers. Consult your local shoreland and floodplain ordinances.    Why are impervious surface coverage limits important?  In the protection of water quality, the management of rainwater on individual lots is one of our most important tasks. Rainwater that does not infiltrate into the ground or evaporate runs downhill to lakes, wetlands, or rivers. As impervious surface coverage increases, the rate and amount of runoff and pollutants entering public waters increases. When runoff from impervious surface coverage is not addressed, pollution increases and the diversity of aquatic life is reduced. Local governments have limited discretion to deviate from - or grant a variance to - impervious surface limits. They may do so only if all of the variance criteria established in state statutes and their local ordinances are met. In evaluating such requests, local governments must examine the facts, determine whether all statutory and local criteria are satisfied, and develop findings to support the decision. If granted, local governments may impose conditions to protect resources. An example impervious surface variance request, with considerations, is provided below.   Example Impervious Surface Variance Request  A property owner wishes to build a large lakehome on a conforming lot.  The lake lot includes a private driveway with a spur to the neighbor’s lot,  which was placed to avoid an adjacent wetland. The building plans for  the new construction plus the existing private road spur to the  neighbor’s property would exceed the impervious surface limit provision  in the local ordinance.     Considerations for Findings  A good record and findings help keep communities out of lawsuits and help them prevail if they find themselves in one. In evaluating the facts and developing findings for this variance request, all of the following statutory criteria must be satisfied, in addition to any local criteria:    Is the variance in harmony with the purposes and intent of the ordinance?   Considering a variance request is a balancing test that requires weighing the need of an individual property owner against the purposes of the shoreland regulations for protecting the public interest. These purposes are derived from Minnesota Shoreland Rules, which established impervious surface caps to prevent excessive runoff from constructed surfaces. Such excessive runoff causes erosion, transport of pollutants to public waters thereby degrading water quality. Considerations: Will deviating from the required limit on this property undermine the purposes and intent of the ordinance? Why or why not? Is it possible to mitigate the consequences of additional impervious surface on-site such that additional runoff will not be produced? Would this mitigation be in harmony with the purposes and intent of the ordinance? Why or why not?  Is the variance consistent with the comprehensive plan?  The local comprehensive plan establishes a framework for achieving a community’s vision for the future. Most plans contain goals and policies for protecting natural resources and shorelands, as well as maps that identify areas of high risk or with high ecological value where development should be avoided. The variance request must be considered with these goals and policies in mind. Maps should be consulted to determine if the property is within any areas identified for protection. Considerations:  Which goals and policies apply? Is allowing additional impervious surface and runoff consistent with these goals and policies? Why or why not?   Impervious Surfaces  Page 2 of 2  Variance Guidance Series – ISC, Updated 10/10/2012       Are there unique circumstances to the property not created by the landowner?  Unique circumstances relate to physical characteristics of the land - such as lot dimensions, steep slopes, poor soils, wetlands, and trees. These do not include physical limitations or personal circumstances created by the property owner that prevent compliance with the impervious surface provision, such as size of home or design preferences. Consider what distinguishes this property from other shoreland properties to justify why the applicant should be able to deviate from the provision when others must comply. Considerations: What physical characteristics are unique to this property that prevent compliance with the requirement? Were any difficulties in meeting the impervious surface limit created by some action of the applicant? Has the applicant demonstrated no other feasible alternatives exist that would not require a variance, such as increasing the setback to reduce driveway length or reducing the lakehome’s footprint?    Will the variance, if granted, alter the essential character of the locality? Consider the size of the proposed structure, the extent of encroachment, and how it relates to the shoreline and hydrology of the riparian area. A large addition located close to the shoreline can detract from the natural appearance and character of the lake and its riparian areas and degrade water quality by altering topography, drainage, and vegetation in the riparian area, negatively affecting recreational, natural, and economic values. Considerations: Does the variance provide minimal relief or a substantial deviation from the required setback? Does it affect the natural appearance of the shore from the lake? Does it affect the hydrology of the riparian area?  Does the proposal put property to use in a reasonable manner?  Examine the reasons that the variance is requested and evaluate them in light of the purposes of the local shoreland ordinance and the public water resource at stake. Since the impervious surface cap is generally intended to reduce runoff to public waters, it may not be appropriate to allow large areas of constructed surfaces so close to the water. Considerations: Has the applicant demonstrated that the proposed construction is reasonable in this location given the sensitive nature of the area and the purposes of the regulations? Why or why not? Note: The last three criteria address practical difficulties. Economic considerations alone cannot create practical difficulties Range of Outcomes  Based on the findings, several outcomes can occur:   If the applicant fails to prove that all criteria above are met, then the variance must be denied. For example,  the local government could find that the building plans itself created the circumstances necessary for a  variance rather than the any unique physical characteristics of the property.   If the applicant demonstrates that all criteria are met, then the variance may be granted. For example, the  local government could find that the construction footprint is reasonable, the circumstances are unique given  the adjacent wetland, and the minor deviation in the impervious surface coverage does not alter the  hydrology of the area (as determined through runoff calculations).   If the variance is granted and the impervious surface in any way alters the hydrology of the area, then  conditions may be imposed, such as to increase the structure setback from the lake by 15 feet to reduce the  extent of the driveway and minimize the amount of impervious surface coverage over the limit.   Conditions on Variances  If findings support granting the variance, consideration must be given to the impacts on the public water and the riparian area and appropriate conditions to mitigate them. Conditions must be directly related and roughly proportional to the impacts created by the variance. Several examples are provided below:  Modify construction designs (to minimize impact);  Use permeable pavement systems for walkways, driveways, or parking areas (to reduce effective impervious surface area and infiltrate runoff);  Direct rain gutter discharges away from the public waters and into infiltration basins (to reduce connected impervious coverage to allow additional areas for infiltration);  Preserve and restore shoreline vegetation in a natural state (to intercept and filter runoff coming from structures and driveways); and/or  Increase setbacks from the ordinary high water level (to provide infiltration near public waters).   More information at: www.dnr.state.mn.us/waters/watermgmt_section/shoreland/variances.html  1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-075 A RESOLUTION RESCINDING RESOLUTION 2017-067 AND APPROVING A VARIANCE FROM MINIMUM STRUCTURE SETBACK FROM ORDINARY HIGH WATER LEVEL AND MAXIMUM IMPERVIOUS SURFACE STANDARDS OF THE CITY’S SHORELAND DISTRICT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Scott and Julie Drommerhausen, 9359 Jane Road North, Lake Elmo, MN 55042 (“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for variances to allow construction of an approximately 685 square-foot addition, which will replace an existing deck, to the east of an existing home currently setback 45.4 feet from the Ordinary High Water Level (OHWL) and maximum impervious surface standards to increase the current impervious surface percentage from 26.9% to 29.7%. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on June 12, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated June 12, 2017; and WHEREAS, the City Council considered said matter at its June 20, 2017 meeting and adopted Resolution 2017-067, approving the variance request, subject to the following conditions of approval: 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 2) The Applicant shall direct appropriate rain gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff) designed by a professional engineer or landscape architect and installed under their direction. The rain garden should mitigate the increased impervious surface of the entire addition to the home (685 square feet); and WHEREAS, the Council wishes to remove the aforementioned condition of variance approval that the Applicant shall direct appropriate rain gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff) designed by a professional engineer or landscape architect and installed under their direction. The rain garden should mitigate the increased impervious surface of the entire addition to the home (685 square feet); 2 WHEREAS, the Council now rescinds Resolution 2017-067, and this Resolution is no longer in effect; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: a) A variance to allow for an addition to an existing single-family detached home that does not meet the minimum setback from the OHWL or maximum impervious surface requirements. 4) That the Variance will be located on property legally described as follows: Lots 9 & 10, Berschen’s Shores, Washington County, Minnesota. PID# 10.029.21.24.0006. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: The subject property was platted prior to adjustment of the Ordinary High Water of Lake Jane and the adoption of Shoreland standards by the City, and therefore the lot is much wider than it is long. Because of the shape of the lot, the Applicant is proposing to expand the home laterally rather than further encroaching on the current setback of the Ordinary High Water Level. Additionally, the addition will not expand much more of the footprint of the principal structure, as a slightly smaller deck that will be torn down exists where the addition is being proposed. Additionally, although the City’s ordinance does not treat decks as impervious, many do. If decks were considered impervious, the addition would only add 109 square feet of impervious surface, or an increase of about 0.46%. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: The property is unique in that it is much wider than it is long, and the Applicant was not involved in the platting process of this property nor the adoption of the City’s shoreland standards. The Applicant also was not involved in any previous variance requests for the subject property. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: The proposed addition is in place of an existing deck and only slightly increases the footprint of the existing principal structure, including the existing deck, by 109 square feet. Additionally, the proposed addition does not further encroach on the existing setback of the principal structure from the OHWL of 3 the property and has a setback from the OHWL similar to those of adjacent principal structures. 8) That the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific findings: The proposed addition will not further encroach on the setback of the existing structure from the OHWL and therefore will not further impair lake views of neighboring properties and will not impair an adequate supply of light and air. It also will not increase congestion of public streets or substantially diminish or impair property values within the neighborhood. Adjacent properties, including the subject property, have been granted similar variances and are setback a similar distance from the OHWL. CONCLUSIONS AND DECISION Based on the foregoing, Resolution 2017-067 is rescinded and no longer in effect, and the Applicant’s application for a Variance is granted, subject to the following conditions. 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. Passed and duly adopted this 1st day of August 2017 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk Drummerhausen Variance June 22, 2017 Lake Elmo, MN RAINGARDEN INSTALLATION ESTIMATE FOR ESTABLISHING ESCROW REQUIREMENTS NO.ITEM UNIT QUANTITY UNIT COST TOTAL 1 Design Process & Design Documents with Stormwater Calculations Hours 10.0 100.00 $1,000.00 2 Establish Elevations, Demo Existing Soils / Haulaway / Disposal with Final Grading Cubic YD 50.0 40.00 $2,000.00 3 Raingarden Soils at 18 inch Depth (80% Coarse Sand with 20% Compost)Cubic YD 40.0 50.00 $2,000.00 4 Raingarden Plantings @ #1 Container Perennials Each 300.0 20.00 $6,000.00 5 Shredded Western Red Cedar Mulch Cubic YD 10.0 100.00 $1,000.00 TOTAL RAINGARDEN PROJECT COSTS $12,000.00 Assumptions: Designed to mitigate approximately 685 square feet of impervious surface LANDSCAPE ARCHITECTURE, INC. 2350 BAYLESS PLACE ST. PAUL, MN 55114 PHONE 651.646.1020 STAFF REPORT DATE: 8/1/2017 REGULAR TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Hidden Meadows Easement Vacation, Outlot A REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: Hidden Meadows 1st Addition was approved on 5/16/2006 which included the platting of the Rock Point Church property and two outlots proposed for a future OP - Open Space Preservation development. The deadline for final plat application for the OP development was extended from January 2007 to January 2, 2018. With last final plat extension, the owner granted a drainage and utility easement over the watermain in Outlot A through recording Document 4073144 on July 1, 2016. The Hidden Meadows 2nd Addition Final Plat was approved by Council on July 5, 2017. The aforementioned easement will need to be vacated prior to recording of this plat. New easements will be provided with recording of the Final Plat. ISSUE BEFORE COUNCIL: The Council is respectfully being requested to hold a public hearing and consider approval of vacation of the drainage and utility easement over the watermain in Outlots A, Hidden Meadows. PROPOSAL DETAILS/ANALYSIS: The easement vacation is needed in order for Hidden Meadows 2nd Addition to be recorded. New easements will be put into place as required with the recording of the Hidden Meadows 2nd Addition. A public hearing is required for an easement vacation according to M.S. 412.851. FISCAL IMPACT: None OPTIONS: The Council may approve or deny the easement vacation. RECOMMENDATION: Staff recommends approval of the request for vacation of the drainage and utility easement over Outlot A, Hidden Meadows, as recorded by Document 4073144 subject to the following condition: 1) Hidden Meadows 2nd Addition Final Plat must be recorded. Page 2 “Move to approve Resolution 2017-082 approving the vacation of the drainage and utility easement over Outlot A, Hidden Meadows as recorded by Document 4073144, subject to one condition as recommended by Staff.” ATTACHMENTS: • Resolution 2017-082 • Recorded Easement, Document 4073144 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2017-082 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER OUTLOT A, HIDDEN MEADOWS WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council approved a Preliminary Plat and Conditional Use Permit for Hidden Meadows 2nd Addition on April 16, 2006 by Resolution 2006-038; and WHEREAS, PID# 02.029.21.24.0001 is owned by Rockpoint Church, 5825 Kelvin Avenue North, Lake Elmo, MN 55042 (Owner); and WHEREAS, the City of Lake Elmo was granted a Permanent Public Roadway and Utility Easement over a portion of the PID# 02.029.21.24.0001, and this easement was recorded by the Office of the Registrar of Titles of Washington County on July 1, 2016 as Document Number 4073144; and WHEREAS, the City has approved Hidden Meadows 2nd Addition Final Plat by Resolution 2017-073 on July 5, 2017, which includes PID#s 02.029.21.24.0001; and WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute §412.851 to vacate the Public Roadway and Utility Easement recorded on July 1, 2016 as Document Number 4073144 over a portion of PID# 02.029.21.24.0001, legally described as follows: Commencing at the southeasterly corner of said Outlot A; thence North 00 degrees 32 minutes 13 seconds West (assumed bearing) along the easterly line of said Outlot A a distance of 1067.48 feet to the point of beginning of the line to be described; thence on a bearing of WEST a distance of 613.32 feet; thence northwesterly 45.49 feet along a non-tangential curve concave to the southwest, having a radius of 76.95 feet, a central angle of 33 degrees 52 minutes 15 seconds and a chord bearing of North 73 degrees 08 minutes 48 seconds West; thence South 89 degrees 55 minutes 04 seconds West and tangent to last described curve a distance of 12.72 feet; thence westerly 211.81 feet along a tangential curve concave to the north, having a radius of 2003.92 feet and a central angle of 6 degrees 03 minutes 22 seconds; thence westerly 210.85 feet long a reverse curve concave to the south, having a radius of 483.60 feet and a central angle of 24 degrees 58 minutes 50 seconds; thence westerly 311.81 feet along a reverse curve concave to the north, having a radius of 924.85 feet and a central angle 19 degrees 19 minutes 01 second; thence northerly 123.99 feet along a non-tangential curve concave to the west, having a radius of 563.51 feet, a central angle of 12 degrees 36 minutes 24 seconds and a chord bearing of North 3 degrees 27 minutes 01 seconds West; thence North 9 degrees 33 minutes 58 seconds West, tangent to last described curve, a distance of 143.11 feet; thence northerly 144.60 feet along a tangential curve concave to the east, having a radius of 356.27 feet and a central angle of 23 degrees 15 minutes 19 seconds to the northerly line of said Outlot A and said line there terminating. The full width of said 50 foot easement to be prolonged to terminate at said northerly line of Outlot A. WHEREAS, the City Clerk reviewed and examined the signatures on said request and determined that such signatures constituted all of the landowners abutting upon the portion of easement to be vacated and rededicated; and WHEREAS, a public hearing to consider the vacation of the Permanent Public Roadway and Utility Easement was held on the 1st day of August 2017 before the City Council in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within 350 feet of the Public Roadway and Utility Easement by the City Clerk on the 19th day of July 2017 and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the City Council in its discretion has determined that the vacation will benefit the public interest because: 1) The City has granted Final Plat Approval for Hidden Meadows 2nd Addition, which includes PID# 02.029.21.24.0001, a portion over which the easement has been recorded, which will grant the City more appropriate easements for similar purposes. WHEREAS, the Council, at its meeting on the 1st day of August 2017, considered the easement vacation request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for vacation of an existing Public Roadway and Utility Easement is hereby granted in accordance with the property descriptions provided above, subject to the following condition: 1) Recording of the Hidden Meadows 2nd Addition Final Plat. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 1st day of August 2017. Effective Date:_______________________ Approved: ________________________________ Mike Pearson, Mayor Attested by: ________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: 8/1/2017 REGULAR ITEM #: TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Hidden Meadows Easement Vacation, Outlot A REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: Hidden Meadows 1st Addition was approved on 5/16/2006 which included the platting of the Rock Point Church property and two outlots proposed for a future OP - Open Space Preservation development. The deadline for final plat application for the OP development was extended from January 2007 to January 2, 2018. With last final plat extension, the owner granted a drainage and utility easement over the watermain in Outlot A through recording Document 4073144 on July 1, 2016. The Hidden Meadows 2nd Addition Final Plat was approved by Council on July 5, 2017. The aforementioned easement will need to be vacated prior to recording of this plat. New easements will be provided with recording of the Final Plat. ISSUE BEFORE COUNCIL: The Council is respectfully being requested to hold a public hearing and consider approval of vacation of the drainage and utility easement over the watermain in Outlots A, Hidden Meadows. PROPOSAL DETAILS/ANALYSIS: The easement vacation is needed in order for Hidden Meadows 2nd Addition to be recorded. New easements will be put into place as required with the recording of the Hidden Meadows 2nd Addition. A public hearing is required for an easement vacation according to M.S. 412.851. FISCAL IMPACT: None OPTIONS: The Council may approve or deny the easement vacation. RECOMMENDATION: Staff recommends approval of the request for vacation of the drainage and utility easement over Outlot A, Hidden Meadows, as recorded by Document 4073144 subject to the following condition: 1) Hidden Meadows 2nd Addition Final Plat must be recorded. City Council Meeting August 1, 2017 Item # Page 2 “Move to approve Resolution 2017-078 approving the vacation of the drainage and utility easement over Outlot A, Hidden Meadows as recorded by Document 4073144, subject to one condition as recommended by Staff.” ATTACHMENTS: • Resolution 2017-078 • Recorded Easement, Document 4073144 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2017-078 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER OUTLOT A, HIDDEN MEADOWS WHEREAS, the City of Lake Elmo (City) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council approved a Preliminary Plat and Conditional Use Permit for Hidden Meadows 2nd Addition on April 16, 2006 by Resolution 2006-038; and WHEREAS, PID# 02.029.21.24.0001 is owned by Rockpoint Church, 5825 Kelvin Avenue North, Lake Elmo, MN 55042 (Owner); and WHEREAS, the City of Lake Elmo was granted a Permanent Public Roadway and Utility Easement over a portion of the PID# 02.029.21.24.0001, and this easement was recorded by the Office of the Registrar of Titles of Washington County on July 1, 2016 as Document Number 4073144; and WHEREAS, the City has approved Hidden Meadows 2nd Addition Final Plat by Resolution 2017-073 on July 5, 2017, which includes PID#s 02.029.21.24.0001; and WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute §412.851 to vacate the Public Roadway and Utility Easement recorded on July 1, 2016 as Document Number 4073144 over a portion of PID# 02.029.21.24.0001, legally described as follows: Commencing at the southeasterly corner of said Outlot A; thence North 00 degrees 32 minutes 13 seconds West (assumed bearing) along the easterly line of said Outlot A a distance of 1067.48 feet to the point of beginning of the line to be described; thence on a bearing of WEST a distance of 613.32 feet; thence northwesterly 45.49 feet along a non-tangential curve concave to the southwest, having a radius of 76.95 feet, a central angle of 33 degrees 52 minutes 15 seconds and a chord bearing of North 73 degrees 08 minutes 48 seconds West; thence South 89 degrees 55 minutes 04 seconds West and tangent to last described curve a distance of 12.72 feet; thence westerly 211.81 feet along a tangential curve concave to the north, having a radius of 2003.92 feet and a central angle of 6 degrees 03 minutes 22 seconds; thence westerly 210.85 feet long a reverse curve concave to the south, having a radius of 483.60 feet and a central angle of 24 degrees 58 minutes 50 seconds; thence westerly 311.81 feet along a reverse curve concave to the north, having a radius of 924.85 feet and a central angle 19 degrees 19 minutes 01 second; thence northerly 123.99 feet along a non-tangential curve concave to the west, having a radius of 563.51 feet, a central angle of 12 degrees 36 minutes 24 seconds and a chord bearing of North 3 degrees 27 minutes 01 seconds West; thence North 9 degrees 33 minutes 58 seconds West, tangent to last described curve, a distance of 143.11 feet; thence northerly 144.60 feet along a tangential curve concave to the east, having a radius of 356.27 feet and a central angle of 23 degrees 15 minutes 19 seconds to the northerly line of said Outlot A and said line there terminating. The full width of said 50 foot easement to be prolonged to terminate at said northerly line of Outlot A. WHEREAS, the City Clerk reviewed and examined the signatures on said request and determined that such signatures constituted all of the landowners abutting upon the portion of easement to be vacated and rededicated; and WHEREAS, a public hearing to consider the vacation of the Permanent Public Roadway and Utility Easement was held on the 1st day of August 2017 before the City Council in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within 350 feet of the Public Roadway and Utility Easement by the City Clerk on the 19th day of July 2017 and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the City Council in its discretion has determined that the vacation will benefit the public interest because: 1) The City has granted Final Plat Approval for Hidden Meadows 2nd Addition, which includes PID# 02.029.21.24.0001, a portion over which the easement has been recorded, which will grant the City more appropriate easements for similar purposes. WHEREAS, the Council, at its meeting on the 1st day of August 2017, considered the easement vacation request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for vacation of an existing Public Roadway and Utility Easement is hereby granted in accordance with the property descriptions provided above, subject to the following condition: 1) Recording of the Hidden Meadows 2nd Addition Final Plat. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 1st day of August 2017. Effective Date:_______________________ Approved: ________________________________ Mike Pearson, Mayor Attested by: ________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: 8/1/2017 REGULAR MOTION TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Shoreland Variance Request to Allow Expansion of an Existing Non- Conforming Structure Which Does Not Meet Minimum Structure Setback from Ordinary High Water Level – 8690 Lake Jane Trail North REVIEWED BY: Stephen Wensman, Planning Director BACKGROUND: The City has received application from Glenwood Homes of 10920 Kingsborough Ct S Cottage Grove, MN 55016 for a variance to allow expansion of a non-conforming structure which does not meet the required minimum structure setback standard from the Ordinary High Water Level (OHWL) within a shoreland district of the City’s shoreland ordinance. ISSUE BEFORE COUNCIL: The City Council is being asked to consider and approve or deny the above-mentioned variance request. PROPOSAL DETAILS/ANALYSIS: Applicant: Glenwood Homes, 10920 Kingsborough Ct, Cottage Grove, MN 55016 Property Owners: Ben and Breanna Pepin, 8690 Lake Jane Trail North, Lake Elmo, MN 55042 Location: 8690 Lake Jane Trail North, PID# 09.029.21.42.0014, Lot 8, Block 1, Lake Jane Manor No. 1, Washington County, Minnesota Request: Variance from Shoreland Standard – Expansion of a Non-Conforming Structure Not Meeting Minimum Structure Setback from the Ordinary High Water Level Existing Land Use: Single-Family Detached Residential Dwelling Surrounding Land Use: Surrounded by other single-family detached residential dwellings and abuts Lake Jane on the northerly side of the property Existing Zoning: Rural Single Family/Shoreland Overlay District Comprehensive Plan: Rural Single Family History: The home was built in 1968, prior to the City’s adoption of its shoreland ordinance. Deadline for Action: Application Complete – 6/26/2017 60 Day Deadline – 8/25/2017 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: Article V – Zoning Administration and Enforcement Article XIX – Shoreland Management Overlay District Page 2 Request Details. The applicant is proposing to construct a 640 square foot addition, 196 square foot porch, 188 square foot patio, 626 square foot addition to his garage (including a 129 square foot storage area), and a 12 foot X 10 foot temporary storage structure on the existing concrete pad to the east of the proposed addition. The applicant is not able to expand the home on the front side of the house due to septic setback standards and cannot expand the garage on the west side of the existing garage due to side yard setback standards and so is requesting that the expansions be made to the side and rear of the lot. The current home is currently non-conforming in that it is setback approximately 75 feet from the OHWL, and the required structure setback from the OHWL is 100 feet. Lot Details. The property meets all setbacks for the Rural Single Family Zoning district but does not meet the minimum lot size requirement of 1.5 acres. • Area: 29,195 square feet (0.67 acres) • Front yard setback: 92.2 feet (40 feet required) • Side yard setback (west): 16.4 feet (10 feet required) • Proposed side yard setback (east): Approximately 28 feet (10 feet required) • Proposed structure setback from OHWL: 75.1 feet (100 feet required) • Proposed septic setbacks: approximately 32 feet from septic equipment and approximately 60 feet from drainfield (10 and 20 feet required, respectively) • Existing Impervious Surface: 23.7% (6921 sf) (maximum 15% allowed) • Proposed Impervious Surface Area: 23.2% (6772 sf) (maximum 15% allowed) • Septic Permit Needs. The proposed addition will include a guest bedroom but will also convert an existing bedroom in to living space and therefore no septic permit or inspection is required. Impervious Surface. The existing amount of impervious surface on the lot totals 23.7%, which exceeds the maximum amount allowed of 15%. The proposal also includes removing 235 square feet of bituminous surface along with 1553 square feet of concrete (a total of 1788 square feet of impervious surface), reducing the total impervious surface area on the property to 23.2%. It is a recommended condition of approval that the escrow for the building permit include the cost of removal of the impervious surface to ensure that the impervious surface on the lot does not increase as a result of the proposed additions. Nonconformities within a Shoreland. The City’s Shoreland Ordinance states that all additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of the Shoreland Ordinance. Any deviation from these requirements must be authorized by a variance. It should be noted that this provision in the ordinance was not drastically changed in the 2017 amendment to the Shoreland Section of the Zoning Code, as previously an improvement to a riparian substandard structure was allowed to extend laterally by a conditional use permit (as opposed to a variance), provided it was in compliance with all other dimensional standard. There is also a provision that allows setback averaging where structures exist on the adjoining lots on both sides of a proposed building site, but the existing home on the subject lot is closer to the OHWL than those of adjoining properties. Minnesota Department of Natural Resources (MNDNR) Review. Per State Statute, the City is required to notify the MNDNR of variance requests within a shoreland district. The MNDNR has reviewed and responded to this variance request, and their response is attached to this report. The MNDNR has recommended that if this variance is granted, that the City include the condition that the impervious surface created by the further encroachment of the structure within the required setback from the OHWL be mitigated. The MNDNR has specifically recommended that the condition be that the Applicant direct rain gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff). However, because the Applicant is actually reducing the impervious surface on the lot, especially that within the required structure setback from the OHWL, Staff did not recommend to the Page 3 Planning Commission that this condition be added. This condition had been recommended by Staff in previous variance requests due to MNDNR recommendation, but that was because the impervious surface was increased. PLANNING COMMISSION REVIEW: The Planning Commission held a public hearing and considered the variance request at its July 24, 2017 meeting. The public notice was mailed to property owners within 350 feet and published in the official City newspaper. No public comments were received prior to the public hearing, though two nearby property owners (Kelly and Susan Schmidt of 8644 Lake Jane Trail N and John Mayek of 8680 Lake Jane Trail N) wrote letters in support of the requested variance. The Planning Commission had the following comments in regards to the requested variance: There was concern about meeting the required finding that the plight of the landowner was due to circumstances unique to the property not created by the landowner. Some felt that the landowner should have been aware of the shoreland ordinance standards and that the home was non-conforming and therefore could not be expanded. Some felt that the recommendation made by the MNDNR that a mitigation condition (such as directing gutter discharges in to an infiltration basin) be added to the variance approval should be followed, as it could further protect the lake. The Planning Commission voted to recommend adding the following findings (added to the Unique Circumstances criteria – Finding #3): • The proposed additions do not increase the degree of non-conformity. • The amount of impervious surface is not being increased. The Planning Commission voted to recommend adding the following conditions to the variance approval: 3) The Applicant shall either (at the Applicant’s option) use pervious pavers on the proposed patio area or construct a rain garden (at a size as recommended by the Valley Branch Watershed District) to contain runoff. RECOMMENDED FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with recommended findings from Staff and the Planning Commission regarding applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. FINDINGS: The subject property was platted and the house was built prior to adoption of Shoreland standards by the City and therefore the house does not meet the minimum structure Page 4 setback requirement from the Ordinary High Water Level and is legal non-conforming. The property owner wants to expand the current home and garage, and because of the location of the septic tank and septic mound in the front yard as well as the location of the garage near the side yard, it is not an option to do so in the front of the existing house or on the side of the existing garage. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: The property owner did not plat the lot or construct the original home, which were both done prior to adoption of the City’s shoreland standards. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: The proposed additions do not encroach any further than the existing deck in to the setback from the Ordinary High Water Level of Lake Jane, and therefore the degree of non- conformity is not being increased. The proposed addition will not further impair lake views for adjacent or nearby property owners. Additionally, the proposed additions will not increase the amount of impervious surface on the property; rather the Applicant will decrease the total amount of impervious surface on the property by removing existing concrete and bituminous surface. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. FINDINGS. The proposed additions will not further impair lake views of neighboring properties. They also will not increase congestion of public streets or substantially diminish or impair property values within the neighborhood. FISCAL IMPACT: None. OPTIONS: The Council may: • Adopt Resolution 2017-083 approving the variance request with the recommended conditions of approval. • Amend recommended conditions of approval and adopt Resolution 2017-083 as amended. • Not adopt Resolution 2017-083 and deny the variance request. RECOMMENDATION: Staff and the Planning Commission recommend the Council adopt Resolution 2017-083, approving the request by Glenwood Homes for a shoreland variance request to allow expansion of a non- conforming structure not meeting the minimum structure setback requirement from the Ordinary High Water Level for the property located at 8690 Lake Jane Trail North, subject to the following conditions of approval: Page 5 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 2) The Applicant shall provide an escrow in the amount of an estimated cost of the removal of the existing bituminous and concrete surface as shown on the proposed survey. 3) The Applicant shall either (at the Applicant’s option) use pervious pavers on the proposed patio area or construct a rain garden (at a size as recommended by the Valley Branch Watershed District) to contain runoff. The suggestion motion for taking action on the recommendation is as follows: “Move to adopt Resolution 2017-083, approving a shoreland variance to allow the expansion of a non-conforming structure not meeting the minimum structure setback requirement from the Ordinary High Water Level for the property located at 8690 Lake Jane Trail N, subject to conditions of approval as recommended by Staff and the Planning Commission.” ATTACHMENTS: • Application with narrative and survey • MNDNR comments • Resolution 2017-083 From:Sorensen, Jenifer (DNR) To:Emily Becker Subject:RE: Lake Jane Variance Request 8690 Lake Jane Trail North Date:Friday, July 07, 2017 10:16:13 AM Yes, I’d like to include this comment. Since the structure is expanding toward the shoreline, this would seem like a reasonable expectation to have the landowner construct the gutters such that they redirect the runoff to an area of infiltration. Thanks – Jen     Jenifer Sorensen East Metro Area Hydrologist (Ramsey and Washington Counties) Division of Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Road St Paul, MN 55106 Phone: 651-259-5754 Email: jenifer.sorensen@state.mn.us From: Emily Becker [mailto:EBecker@lakeelmo.org] Sent: Friday, July 07, 2017 9:26 AM To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us> Subject: RE: Lake Jane Variance Request 8690 Lake Jane Trail North Jen, As noted in the application, the impervious surface will in fact be decreased, as they will be removing existing asphalt and bituminous surface. Please let me know that you saw this and if you still recommend that they install the rain garden. Emily Becker City Planner City of Lake Elmo 651-747-3912 ebecker@lakeelmo.org From: Sorensen, Jenifer (DNR) [mailto:jenifer.sorensen@state.mn.us] Sent: Thursday, July 06, 2017 7:01 PM To: Emily Becker <EBecker@lakeelmo.org> Subject: RE: Lake Jane Variance Request 8690 Lake Jane Trail North Emily – MNDNR has the following comment for the variance request for 8690 Lake Jane Trail North to expand the existing residential structure: · If a variance is granted for this project, MNDNR recommends that the City of Lake Elmo include condition on the variance that mitigates for the impervious surface created by the further encroachment of the structure within the OHW setback, such as: · Direct rain gutter discharges into a rain garden (infiltration basin designed to capture and infiltrate runoff). Thank you for the opportunity to comment on this variance request. Jen     Jenifer Sorensen East Metro Area Hydrologist (Ramsey and Washington Counties) Division of Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Road St Paul, MN 55106 Phone: 651-259-5754 Email: jenifer.sorensen@state.mn.us From: Emily Becker [mailto:EBecker@lakeelmo.org] Sent: Friday, June 30, 2017 11:02 AM To: Sorensen, Jenifer (DNR) <jenifer.sorensen@state.mn.us> Subject: Lake Jane Variance Request 8690 Lake Jane Trail North Jen, Attached is another shoreland variance request and very rough draft staff report. Please note that the impervious surface will not actually increase, it will decrease, as they are proposing to remove existing impervious surface. The public hearing will be held on July 24, so please have any comments in by July 19th at the latest. Emily Becker City Planner City of Lake Elmo 651-747-3912 ebecker@lakeelmo.org 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-083 A RESOLUTION APPROVING A VARIANCE TO ALLOW EXPANSION OF A NON- CONFORMING STRUCTURE NOT MEETING MINIMUM STRUCTURE SETBACK REQUIREMENTS FROM THE ORDINARY HIGH WATER LEVEL OF THE CITY’S SHORELAND DISTRICT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Glenwood Homes, 10920 Kingsborough Ct, Cottage Grove, MN 55016 (“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for a variance to allow the expansion of a non-conforming structure not meeting the minimum structure setback requirement from the Ordinary High Water Level (OHWL). The proposed additions to the structure do not encroach further in to the existing setback of 73.6 feet from the OHWL and include a 640 square foot addition; 196 square foot porch; 188 square foot patio; 626 square foot addition to his garage (including a 129 square foot storage area); and a 12 foot X 10 foot temporary storage structure on the existing concrete pad to the east of the proposed addition. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on July 24, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated July 24, 2017; and WHEREAS, the City Council considered said matter at its August 1, 2017 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 2 3) That the proposed variance includes the following components: a) A variance to allow for additions to an existing single-family detached home that does not meet the minimum structure setback requirement from the OHWL. 4) That the Variance will be located on property legally described as follows: Lot 8, Block 1, Lake Jane Manor No. 1, Washington County, Minnesota, PID# 09.029.21.42.0014. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: The subject property was platted and the house was built prior to adoption of Shoreland standards by the City and therefore the house does not meet the minimum structure setback requirement from the Ordinary High Water Level and is legal non-conforming. The property owner wants to expand the current home and garage, and because of the location of the septic tank and septic mound in the front yard as well as the location of the garage near the side yard, it is not an option to do so in the front of the existing house or on the side of the existing garage. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: The property owner did not plat the lot or construct the original home. Both were done prior to adoption of the City’s shoreland standards. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: The proposed additions do not encroach any further than the existing deck in to the setback from the Ordinary High Water Level of Lake Jane, and therefore the degree of non-conformity is not being increased. The proposed addition will not further impair lake views for adjacent or nearby property owners. Additionally, the proposed additions will not increase the amount of impervious surface on the property; rather the Applicant will decrease the total amount of impervious surface on the property by removing existing concrete and bituminous surface. 8) That the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific findings: The proposed additions will not further impair lake views of neighboring properties. They also will not increase congestion of public streets or substantially diminish or impair property values within the neighborhood. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following conditions. 1) The Applicant shall secure any required permits and plan approvals from the City and other applicable jurisdictions. 3 2) The Applicant shall provide an escrow in the amount of an estimated cost of the removal of the existing bituminous and concrete surface as shown on the proposed survey. 3) The Applicant shall either (at the Applicant’s option) use pervious pavers on the proposed patio area or construct a rain garden (at a size as recommended by the Valley Branch Watershed District) to contain runoff. Passed and duly adopted this 1st day of August 2017 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk STAFF REPORT DATE: August 1, 2017 REGULAR TO: City Council FROM: Brian A. Swanson – Finance Director AGENDA ITEM: Presentation of 2016 Comprehensive Annual Financial Report (CAFR) REVIEWED BY: Kristina Handt – City Administrator BACKGROUND: Annually, the City engages the services of an independent outside audit firm to audit and assist with the preparation of the financial statements. The auditors are asked to assure that the financial statements are free from material misstatement in accordance with U.S. Generally Accepted Accounting Principles (GAAP). The firm also performs testing and makes inquiries to help ensure that proper internal controls are in place. This is the fourth year that the City of Lake Elmo has presented the report in the Comprehensive Annual Financial Report (CAFR) layout. As such, the City has retained the services of Smith Schafer & Associates, Ltd., to perform the City of Lake Elmo’s audit for 2016. The 2016 Comprehensive Annual Financial Report and Management Report will be presented to the City Council by Mr. Jason Miller – Principal, from Smith Schafer and Associates, Ltd. with the opportunity to ask questions of both Mr. Miller and City Staff. An overview summary of the 2016 CAFR and results were presented to the Finance Committee on July 27, 2017. Copies of the report were provided to the Finance Committee and it was unanimously agreed to recommend that the report be presented to the City Council. QUESTION BEFORE THE CITY COUNCIL: 1) Does the City Council have any questions regarding the 2016 CAFR? DISCUSSION: Mr. Jason Miller – Principal, from Smith Schafer and Associates, Ltd., will present information regarding the 2016 Audit, answer any questions the City Council may have, with staff also present to answer any questions pertaining to the 2016 Audit and 2016 CAFR. FISCAL IMPACT: Overall sound policies, fiscal management, effective operational, capital, and long range planning are all integral parts of City business leading up to the audit and completion of the CAFR. As such, continued investment in the aforementioned items will help position the City to continue to provide quality, efficient, timely and cost effective services to the constituents of the community. RECOMMENDATION: 1) No formal recommendation is required, but the City Council at its discretion may accept the results of the 2016 Audit and 2016 CAFR. ATTACHMENT: 1) 2016 Comprehensive Annual Financial Report CITY OF LAKE ELMO, MINNESOTA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED DECEMBER 31, 2016 PREPARED BY: FINANCE DEPARTMENT CITY OF LAKE ELMO, MINNESOTA PAGE INTRODUCTORY SECTION Letter of Transmittal i GFOA Certificate of Achievement v Elected and Appointed Officials vi Organizational Chart vii FINANCIAL SECTION Independent Auditor's Report 1 Management's Discussion and Analysis 3 Basic Financial Statements Government-wide Financial Statements Statement of Net Position 14 Statement of Activities 15 Fund Financial Statements Balance Sheet - Governmental Funds 17 Reconciliation of Net Position in the Government-wide Financial Statements and Fund Balances in the Fund Basis Financial Statements 19 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds 20 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities 22 Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund 23 Combining Statement of Net Position - Proprietary Funds 27 Combining Statement of Revenues, Expenses and Changes in Net Position - Proprietary Funds 31 Combining Statement of Cash Flows - Proprietary Funds 33 Statement of Fiduciary Net Position - Fiduciary Funds 35 Notes to Financial Statements 36 Required Supplemental Information Schedule of City Contributions General Employees Retirement Plan 84 Public Employees Police and Fire Plan 84 Schedule of Proportionate Share of Net Pension Liability General Employees Retirement Plan 85 Public Employees Police and Fire Plan 85 City of Lake Elmo Fire Relief Association Schedule of Funding Progress for the Fire Relief Association 86 Schedule of Employer Contributions for the Fire Relief Association 86 Schedule of Funding Progress - Other Post Employment Benefits 87 Combining and Individual Fund Statements and Schedules Combining Balance Sheet - Nonmajor Governmental Funds 88 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Governmental Funds 89 Combining Balance Sheet - Nonmajor Special Revenue Funds 90 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Special Revenue Funds 91 TABLE OF CONTENTS CITY OF LAKE ELMO, MINNESOTA For the Fiscal Year Ended December 31, 2016 FINANCIAL STATEMENTS PAGE FINANCIAL SECTION (CONTINUED) Combining Balance Sheet - Nonmajor Capital Projects Funds 92 Combining Statement of Revenues, Expenditures and Changes in Fund Balances - Nonmajor Capital Projects Funds 94 Combining Statement of Net Position - Internal Service Funds 96 Combining Statement of Revenues, Expenses and Changes in Fund Net Position - Internal Service Funds 97 Combining Statement of Cash Flows - Internal Service Funds 98 Combining Balance Sheet - Debt Service Funds 99 Combining Schedule of Revenues, Expenditures and Changes in Fund Balances - Debt Service Funds 101 Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - City Events Special Revenue Fund 103 Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - Library Special Revenue Fund 104 Combining Schedule of Changes in Assets and Liabilities - Agency Funds 105 Supplemental Schedule of Sources and Uses - Redevelopment Grant Program 106 STATISTICAL SECTION (UNAUDITED)REFERENCE Net Position by Component Schedule 1 107 Changes in Net Position Schedule 2 109 Fund Balances, Governmental Funds Schedule 3 113 Changes in Fund Balances, Governmental Funds Schedule 4 115 Tax Capacity and Estimated Actual Value of Taxable Property Schedule 5 117 Property Tax Rates and Tax Levies - Direct and Overlapping Property Tax Rates Schedule 6 118 Principal Property Taxpayers Schedule 7 119 Schedule of Property Tax Levies and Collections Schedule 8 120 Water and Sanitary Sewer Charges by Customer Schedule 9 122 Ratios of Outstanding Debt by Type Schedule 10 124 Ratios of General Bonded Debt Outstanding Schedule 11 126 Computation of Direct and Indirect General Obligation Bonded Debt and Legal Debt Margin Schedule 12 128 Legal Debt Margin Information Schedule 13 129 Pledged Revenue Coverage Schedule 14 131 Demographic and Economic Statistics Schedule 15 132 Principal Employers Schedule 16 133 Full-Time Equivalent Employees by Function Schedule 17 134 Operating Indicators by Function/Program Schedule 18 136 Capital Assets Statistics by Function/Program Schedule 19 138 OTHER REPORT SECTION Independent Auditor's Report on Minnesota Legal Compliance 139 CITY OF LAKE ELMO, MINNESOTA FINANCIAL STATEMENTS For the Fiscal Year Ended December 31, 2016 TABLE OF CONTENTS (CONTINUED) CITY OF LAKE ELMO, MINNESOTA INTRODUCTORY SECTION DECEMBER 31, 2016 This Page Left Blank Intentionally i 3800 Laverne Avenue North Lake Elmo, MN 55042 651-747-3900 www.lakeelmo.org June 29, 2017 To the Honorable Mayor, Members of the City Council, and Citizens of the City of Lake Elmo: Minnesota Statutes require all cities to issue an annual report on its financial position and activity prepared in accordance with generally accepted accounting principles (GAAP), under the guidance of the Government Accounting Standard Board (GASB), and audited in accordance with generally accepted auditing standards (GAAS) by a firm of licensed certified public accountants or the Office of the State Auditor. Pursuant to that requirement, we hereby issue the comprehensive annual financial report of the City of Lake Elmo, MN for the fiscal year ended December 31, 2016. This report consists of management’s representation concerning the finances of the City of Lake Elmo. Consequently, management assumes full responsibility for the completeness, accuracy and reliability of all the information presented in this report. To provide a reasonable basis for making these representations, the management of the City of Lake Elmo has established a thorough internal control system designed to both protect the City’s assets from loss, theft and misuse and to compile all necessary information for the preparation of the City of Lake Elmo’s financial statements in conformity with GAAP and GASB. As a management team, we assert that the financial statements will be free from material misstatement and that the financial report is reliable in all material respects. The City of Lake Elmo’s financial statements have been audited by Smith, Schafer and Associates, Ltd, a firm of licensed certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City of Lake Elmo for the fiscal year ended December 31, 2016 are free from material misstatement. The independent audit involved examining, on an approved test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit that there was a reasonable basis for rendering an unmodified opinion that the City of Lake Elmo’s financial statements for fiscal year ended December 31, 2016 are fairly presented in conformity with GAAP. The independent auditor’s report is presented as the first component of the financial section of the report. ii A “Single Audit” designed to meet the special needs of a federal grantor agency was not performed for the year ended December 31, 2016 as the City did not participate in any programs that required this additional independent audit. GAAP requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in form of the Management’s Discussion and Analysis (MD&A). This letter of transmittal is included to complement the MD&A and should be read in conjunction with it. The City of Lake Elmo’s MD&A can be found immediately following the report of the independent auditors. PROFILE OF THE GOVERNMENT The City of Lake Elmo was incorporated in 1926 and is a statutory city in the State of Minnesota six miles east of St. Paul Minnesota. Located in Washington County, it covers 25 square miles and has an estimated population of 9,000 which represents 3,100 households. Policy-making and legislative authority are vested in a governing council consisting of an elected Mayor and four council members. Per Minnesota State Statute, the governing council is responsible for passing ordinances, adopting an annual budget, appointing committees and hiring both the city’s administrator and attorney. The City Administrator is responsible for carrying out the policies and ordinances of the governing council and overseeing the day-to-day operations of the city. The Council is elected on a non-partisan basis. The Mayor serves a four-year term and council members serve a four-year staggered term, with two of these positions elected every two years. The Mayor and the Council are elected at-large. The City of Lake Elmo provides a full range of Services including fire protection services, construction and maintenance of streets and infrastructure; recreational facilities; and water, sanitary sewer and storm water utility services. The City contracts with the Washington County Sheriff’s Department for police services. The annual budget serves as the foundation for the City of Lake Elmo’s financial management and fiscal stewardship. City departments and agencies of the City submit their requested budget to the City Administrator and the Finance Director in order to compile a preliminary budget for submission to the Finance Committee for their consideration. The Finance Committee then meets with the Department Heads to better understand their proposed budgets to later submit a budget to the City Council. The preliminary balanced budget is presented to the City Council in September each year so that the preliminary property tax levy can be submitted to Washington County by the annual due date. The preliminary property tax levy may be decreased but not increased. The 2016 Adopted Budget and final property tax levy was required to be adopted by and submitted to Washington County by December 28, 2015. Included in the City annual budget process is the compilation of a Capital Improvement Plan which allows for strategic planning of City infrastructure and equipment needs while maintaining a reasonable level of debt and a strong unassigned fund balance. Monthly budget to actual comparison reports are provided to the Finance Committee and the City Council to keep them apprised of the financial performance of the City. iii FACTORS AFFECTING FINANCIAL CONDITION The information presented in the financial statements is perhaps best understood when it is considered from the broader perspective of the specific environment within which the City of Lake Elmo operates. LOCAL ECONOMY Lake Elmo is home to numerous businesses that are leaders in their respective industries. New residential developments platted since 2014 number approximately 2,200 have been approved. The City’s highway infrastructure continues to make Lake Elmo a desirable residential location. Rapid growth is further reflected in 2016 population estimates of 9,000 or an increase of 10% since the 2010 census. New housing starts in 2016 numbered 252 with a total value of $79,884,649 and an average value of $317,003. Commercial new construction numbered 4 with a total value of $32,058,022 and an average value of $8,014,505. All these new start have been built in 2016 or will be finished in 2017, which will greatly strengthen the existing tax base of the City. LONG TERM FINANCIAL PLANNING Total unassigned General Fund balance as of December 31, 2016 was 89% of the total 2016 General Fund expenditures. Although the State Auditor recommends maintaining a level of 35% - 50%, the City has consistently exceeded that rate, showing the City’s financial strength. The City’s 5-year Capital Improvement Plan serves as the foundation for long-term financial planning. Funding needs for capital replacements are reflected in tax levies for the street renewal and general fund asset replacements. Funding needs for capital infrastructure in the enterprise funds are funded through user fees in those funds. During 2016, Moody’s Investors Service maintained the City's long term debt rating of Aa2. In their assessment of the City, Moody’s noted the following:  Strong financial operations supported by healthy reserves and liquidity  Healthy unassigned fund balance  Affluent tax base favorably located in Twin Cities metropolitan area Projections for the next 5 years indicate that property tax contributions, user fees and investment income will continue to grow based on planned development and expansion within the City. RELEVANT FINANCIAL POLICIES During 2015, the Metropolitan Council issued the 2015 System Statement for the City of Lake Elmo which outlines the updated forecasts for the City as a result of the termination in 2014 of the Memorandum of Understanding (MOU). The previous forecasted population number for 2040 was reduced from 20,500 to 18,200. Receipt of the system statement plans triggers a community obligation to review and amend its comprehensive plan as necessary, which began late in 2016 and will continue into 2017. iv MAJOR INITIATIVES 2016 was an extremely robust year for the City due to continuation of on-going infrastructure upgrades, projects, as well as oversight of the on-going residential and commercial development activity. Some of the 2016 infrastructure projects included the following:  Joint project with Washington County on CSAH 17. This project included the replacement of old water main and installation of sanitary sewer and storm sewer while reconstructing the streets.  Continued work with the Union Pacific Railroad regarding the downtown project and a new development impacting the Railroad at various locations.  Construction of a lift station, pump house, well and water tower  2016 seal coating and crack filling project  Use of Parkland dedication fees to continue to make improvements to existing parks and providing oversight to the new City parks being constructed by developers.  2016 street reconstruction in the Stonegate, Kirkwood and Kelvin Avenue neighborhoods including the extension of water service to Kelvin Avenue homes. AWARDS AND ACKNOWLEDGEMENTS The Government Finance Officers Association (GFOA) of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting (CAFR) to the City again for the fiscal year ending December 31, 2015. This certificate is a prestigious national award recognizing conformance with the highest standards for preparation for state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized CAFR, whose contents conform to program standards. Such reports must satisfy both accounting principles generally accepted in the United States of America and applicable legal requirements. A certificate is valid for one year only. The City of Lake Elmo is pleased to present its Comprehensive Annual Financial Report, which will be submitted to the Government Finance Officers Association (GFOA) for consideration of a Certificate of Achievement for Excellence in Financial Reporting for its financial reports for the fiscal year ended December 31, 2016. The preparation of this report would not have been possible without the efficient and dedicated services of the personnel of the City of Lake Elmo. Further, we would like to express our appreciation to all members of the organization who assisted in contributing to the preparation of the report. Credit must also be given to the Mayor and the City Council for their unfailing support for maintaining the highest standards of management of the City of Lake Elmo’s finances. Respectfully submitted, Kristina Handt Brian A. Swanson City Administrator Finance Director v vi POSITION NAME TERM EXPIRES ELECTED OFFICIALS City Council: Mayor Mike Pearson December 31, 2016 Council Member Justin Bloyer December 31, 2016 Council Member Julie Fliflet December 31, 2018 Council Member Jill Lundgren December 31, 2018 Council Member Anne Smith December 31, 2016 APPOINTED OFFICIALS City Administrator Kristina Handt Continuous Finance Director Cathy Bendel Continuous City Clerk Julie Johnson Continuous FINANCE COMMITTEE Julie Fliflet, Committee Chair and City Council Anne Smith, City Council Terry Forrest, Retired CFO CITY OF LAKE ELMO, MINNESOTA ELECTED AND APPOINTED OFFICIALS December 31, 2016 vii This Page Left Blank Intentionally CITY OF LAKE ELMO, MINNESOTA FINANCIAL SECTION DECEMBER 31, 2016 This Page Left Blank Intentional INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the City Council City of Lake Elmo, Minnesota Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Lake Elmo, Minnesota, as of and for the year ended December 31, 2016, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit includes performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting principles used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Lake Elmo, Minnesota, as of December 31, 2016, and the respective changes in financial position and, where applicable, cash flows thereof and the budgetary comparison for the General Fund for the year then ended in accordance with accounting principles generally accepted in the United States of America. Honorable Mayor and Members of the City Council City of Lake Elmo, Minnesota Page 2 Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the Management's Discussion and Analysis on pages 3 through 13 and the required supplemental information as listed in the Table of Contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in appropriate operational, economic or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Lake Elmo, Minnesota's basic financial statements. The introductory section, combining and individual nonmajor fund financial statements and statistical section listed in the Table of Contents are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and schedules are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Minneapolis, Minnesota June 29, 2017 CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 3 As management of the City of Lake Elmo, Minnesota, we offer readers of the City's financial statements this narrative overview and analysis of the financial activities of the City of Lake Elmo, Minnesota for the fiscal year ended December 31, 2016. FINANCIAL HIGHLIGHTS  The assets of the City of Lake Elmo, Minnesota exceeded its liabilities at the close of the most recent fiscal year by $38,252,973 (net position). Of this amount, $10,536,667 (unrestricted net position) may be used to meet the City's ongoing obligations to citizens and creditors in accordance with the City's fund designations and fiscal policies.  The City's total net position increased by $6,517,098 during 2016.  As of the close of the current fiscal year, the City of Lake Elmo, Minnesota’s governmental funds reported combined ending fund balances of $8,223,754, an increase of $1,217,847 from the prior year. This increase was due primarily to licenses and permit revenue related to construction within the City.  At the end of the current fiscal year, unassigned fund balance for the general fund was $3,279,815, or 89% of total general fund expenditures. The nonspendable portion of the general fund balance as of December 31, 2016 ($409,222) related to the interfund loan to the Village Project fund and prepaid items. The committed portion of the general fund balance as of December 31, 2016 ($200,000) was a reserve for future insurance and legal fees.  The City's total noncurrent liabilities increased by $9,033,112 or 38% during the current fiscal year due to the issuance of the 2016A General Obligation bonds.  The City was recognized by the Government Finance Officers Association of the United States and Canada (GFOA) for obtaining a Certificate of Achievement for Excellence in Financial Reporting for the City's 2015 Comprehensive Annual Financial Report. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis are intended to serve as an introduction to the City of Lake Elmo, Minnesota’s basic financial statements. The City's basic financial statements are comprised of the following three components: 1) government-wide financial statements, providing information for the City as a whole, 2) fund financial statements, providing detailed information for the City's significant funds, and 3) notes to the financial statements, providing additional information that is essential to understanding the government-wide and fund statements. This report also contains other supplementary information in addition to the basic financial statements themselves. CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 4 Government-wide financial statements. The government-wide financial statements are designed to provide readers with a broad overview of the City of Lake Elmo, Minnesota’s finances, in a manner similar to a private-sector business. The statement of net position presents information on all of the City of Lake Elmo, Minnesota’s assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City of Lake Elmo, Minnesota is improving or deteriorating. The statement of activities presents information showing how the City's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of the related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected taxes and earned but unused vacation leave). Both of the government-wide financial statements distinguish functions of the City of Lake Elmo, Minnesota that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or a significant portion of their costs through user fees and charges (business-type activities). The governmental activities of the City of Lake Elmo, Minnesota include general government, public safety, public works, and culture and recreation. The business-type activities of the City of Lake Elmo, Minnesota include the water, sewer and storm sewer funds. The government-wide financial statements can be found on pages 14-16 of this report. Fund financial statements. A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City of Lake Elmo, Minnesota, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the City of Lake Elmo, Minnesota can be divided into three categories: governmental funds, proprietary funds and fiduciary funds. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financial requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 5 The City of Lake Elmo, Minnesota maintains twenty-two individual governmental funds, twelve of which are debt service funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund, the debt service fund, the infrastructure reserve fund and the vehicle acquisition fund, all of which are considered to be major funds. Data from the other governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these nonmajor governmental funds is provided in the form of combining statements or schedules elsewhere in this report. The City of Lake Elmo, Minnesota adopts an annual budget for its general fund. Budgetary comparison statements have been provided for this fund (pages 23 to 26) to demonstrate compliance with the budget. The basic governmental fund financial statements can be found on pages 17-22 of this report. Proprietary funds. There are two different types of proprietary funds - enterprise funds and internal service funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City of Lake Elmo, Minnesota uses three enterprise funds to account for its water, sewer and storm sewer operations. Internal service funds are an accounting device used to accumulate and allocate costs internally among the City of Lake Elmo, Minnesota's various functions. The City of Lake Elmo, Minnesota uses three internal service funds to account for certain capital acquisition activities. Because all of these services predominantly benefit governmental rather than business-type functions, they have been included within governmental activities in the government-wide financial statements. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for the water, sewer and storm sewer funds, all of which are considered to be major funds of the City of Lake Elmo, Minnesota. The proprietary fund financial statements can be found on pages 27-34 of this report. Fiduciary funds. Fiduciary funds are used to account for resources held for the benefit of parties outside the City. Fiduciary funds are not reflected in the government-wide financial statements because the resources of those funds are not available to support the City's own programs. The accounting use for fiduciary funds is much like that used for proprietary funds. The basic fiduciary fund financial statement can be found on page 35 of this report. Notes to the financial statements. The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 36-83 of this report. Other Information. The combining schedules referred to earlier in connection with non-major governmental funds, debt service funds, internal service funds and the fiduciary fund can be found on pages 88-105 of this report. CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 6 GOVERNMENT-WIDE FINANCIAL ANALYSIS As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. In the case of the City of Lake Elmo, Minnesota, assets exceeded liabilities by $38,252,973 at the close of the most recent fiscal year. The largest portion of the City of Lake Elmo, Minnesota’s net position, $21,539,009 (56%) reflects its investment in capital assets (e.g. land, buildings and improvements, and machinery and equipment), less any related debt used to acquire those assets that is still outstanding. The City of Lake Elmo, Minnesota uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City of Lake Elmo, Minnesota's investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. 2016 2015 2016 2015 2016 2015 Current and other assets 10,893,806$ 9,687,510$ 10,098,093$ 6,221,558$ 20,991,899$ 15,909,068$ Capital assets 20,755,034 18,527,639 30,240,029 22,792,835 50,995,063 41,320,474 Total assets 31,648,840 28,215,149 40,338,122 29,014,393 71,986,962 57,229,542 Deferred outflows of resources 856,676 171,032 128,684 67,075 985,360 238,107 Long-term liabilities outstanding 13,471,388 10,889,186 19,244,126 12,793,216 32,715,514 23,682,402 Other liabilities 955,137 1,265,752 812,316 645,372 1,767,453 1,911,124 Total liabilities 14,426,525 12,154,938 20,056,442 13,438,588 34,482,967 25,593,526 Deferred inflows of resources 206,031 119,126 30,351 19,125 236,382 138,251 Net position: Net investment in capital assets 9,032,535 8,723,329 12,506,474 10,170,351 21,539,009 18,893,680 Restricted 4,704,133 3,446,142 1,473,164 1,876,119 6,177,297 5,322,261 Unrestricted 4,136,292 3,942,646 6,400,375 3,577,285 10,536,667 7,519,931 Total net position 17,872,960$ 16,112,117$ 20,380,013$ 15,623,755$ 38,252,973$ 31,735,872$ City of Lake Elmo, Minnesota's Net Position Governmental Activities Business-Type Activities Total An additional portion of the City of Lake Elmo, Minnesota's net position (16%) represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position ($10,536,667) may be used to meet the government's ongoing obligations to citizens and creditors. At the end of the current fiscal year, the City of Lake Elmo, Minnesota is able to report positive balances in all categories of net position for the City as a whole. CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 7 Governmental activities. Governmental activities increased the City of Lake Elmo, Minnesota's net position by $1,760,840 during 2016. Key elements of this increase include:  Charges for services increased by $864,288 from the prior year due primarily to an increase in the amount of building permits issued by the City.  Special assessments revenue for 2015 projects increase by $239,804. Business-type activities. Business-type activities increased the City of Lake Elmo, Minnesota's net position by $4,756,258. This increase is due primarily to a construction grant received from the State of Minnesota. A condensed version of the Statement of Activities follows: 2016 2015 2016 2015 2016 2015 Revenues: Program revenues: Charges for services 1,803,531$ 939,243$ 3,330,409$ 3,602,559$ 5,133,940$ 4,541,802$ Operating grants and contributions 235,214 249,094 235,214 249,094 Capital grants and contributions 1,452,469 2,038,940 3,464,567 4,917,036 2,038,940 General revenues: Property taxes 3,226,739 3,204,119 3,226,739 3,204,119 Other 104,291 123,076 45,171 39,757 149,462 162,833 Total revenues 6,822,244 6,554,472 6,840,147 3,642,316 13,662,391 10,196,788 Expenses: General government 1,358,370 1,134,132 1,358,370 1,134,132 Public safety 1,308,360 1,344,282 1,308,360 1,344,282 Public works 1,698,566 1,377,969 1,698,566 1,377,969 Culture and recreation 660,947 639,006 660,947 639,006 Interest on long-term debt 178,266 215,611 178,266 215,611 Water 1,409,832 1,363,043 1,409,832 1,363,043 Sewer 380,650 250,866 380,650 250,866 Storm sewer 150,302 103,536 150,302 103,536 Total expenses 5,204,509 4,711,000 1,940,784 1,717,445 7,145,293 6,428,445 Increase in net position before transfers 1,617,735 1,843,472 4,899,363 1,924,871 6,517,098 3,768,343 Transfers 143,105 220,842 (143,105) (220,842) Change in net position 1,760,840 2,064,314 4,756,258 1,704,029 6,517,098 3,768,343 Net position - beginning of year 16,112,120 14,047,803 15,623,755 13,919,726 31,735,875 27,967,529 Net position - end of year 17,872,960$ 16,112,117$ 20,380,013$ 15,623,755$ 38,252,973$ 31,735,872$ City of Lake Elmo, Minnesota's Change in Net Position Governmental Activities Business-Type Activities Total CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 8 Below are specific graphs that provide comparisons of the governmental activities direct program revenues with their expenditures. Any shortfalls in direct revenues are primarily supported by property tax levy or general state aid. $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 Expenses and Program Revenues - Governmental Activities Program revenues Expenses Property taxes 47% Charges for services 26% Capital grants and contributions 21% Operating grants and contributions 4%Other 2% Revenues by Source - Governmental Activities CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 9 The following graphs related the business-type activity's program revenues with its expenditures. Since this activity requires significant physical assets to operate, any excess revenues are held for planned capital expenditures to keep pace with growing demand for services. $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Expenses and Program Revenues - Business-Type Activities Program revenues Expenses Charges for services 49%Capital grants and contributions 51% Other less than 1% Revenues by Source - Governmental Activities CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 10 Financial Analysis of the Government's Funds As noted earlier, the City of Lake Elmo, Minnesota uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental funds. The focus of the City of Lake Elmo, Minnesota’s governmental funds is to provide information on near-term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the City of Lake Elmo, Minnesota’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. As of the end of the current fiscal year, the City of Lake Elmo, Minnesota’s governmental funds reported combined ending fund balances of $8,223,754, an increase of $1,217,847 in comparison with the prior year. Approximately $4,366,302 of this total fund balance, or 53%, constitutes assigned and unassigned fund balance, which is available for spending at the government’s discretion. The remainder of the fund balance ($3,857,452) is restricted, committed and nonspendable to indicate that it is not available for new spending because it has already been restricted by creditors, grantors or regulations of other governments, has been committed to a specific purpose by the City Council, has been expensed for prepaid items, or is unavailable because the funds have been loaned to another fund. The general fund is the chief operating fund of City of Lake Elmo, Minnesota. At the end of the current fiscal year, unassigned fund balance of the general fund was $3,279,815. As a measure of the general fund's liquidity, it may be useful to compare the unassigned fund balance to total fund expenditures. Unassigned fund balance represented 89% of total 2016 general fund expenditures. The general fund’s total fund balance increased by $701,755 during the current fiscal year due primarily to an increase in building permits and related revenue during the year. The debt service fund increased its fund balance by $761,605 due to property taxes, special assessments and intergovernmental revenues allocated to this fund in excess of debt service expenditures. The infrastructure reserve fund decreased its fund balance by $210,621 due primarily to capital outlay expenditures in excess of bond proceeds allocated to this fund. The vehicle acquisition fund decreased its fund balance by $27,493 due primarily to capital outlay expenditures in excess of revenue allocated to this fund. This fund will no longer be used in 2017. The special revenue funds decreased their overall fund balances by $60,414 due primarily to current expenditures for culture and recreation in excess of property taxes allocated to those funds. The capital projects funds, other than the infrastructure reserve fund and vehicle acquisition fund described previously, increased their collective fund balance by $53,015 due primarily to park dedication fees in excess of capital outlay expenditures in those funds. Proprietary funds. The City of Lake Elmo, Minnesota's proprietary funds provide the same type of information found in the government-wide financial statements, but in more detail. CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 11 Unrestricted net position for water operations, sewer operations and storm sewer operations at the end of the year amounted to $3,071,906, $2,406,958 and $921,511, respectively. The water fund, sewer fund and storm sewer fund increased their net position by $3,809,117, $868,277 and $78,864, respectively, for the year ended December 31, 2016. Other factors concerning the finances of these three funds have already been addressed in the discussion of the City of Lake Elmo, Minnesota's business-type activities. General Fund Budgetary Highlights The City's General Fund budget was not amended during the year. The budget called for no change in the General Fund balance. The actual net change to the General Fund balance was an increase of $701,755. Revenues were more than budget by $899,019 for the year ended December 31, 2016 due primarily to licenses and permits in excess of budget as result of increased building within the City. Total expenditures were more than budget by $197,264 for the year. One department had expenditures in excess of budget: general government expenditures exceeded budget by $324,086. The over expenditures in the general government department were primarily related to legal expenses incurred over the amounts budgeted. Capital Asset and Debt Administration Capital assets. The City of Lake Elmo, Minnesota’s investment in capital assets for its governmental and business-type activities as of December 31, 2016, amounted to $50,995,063 (net of accumulated depreciation). This investment in capital assets includes land, buildings and improvements, and machinery and equipment. Total capital assets increased by $9,674,589, or 23%, for the year ended December 31, 2016, due primarily to completed construction projects and additional construction in progress on various capital projects within the City. 2016 2015 2016 2015 2016 2015 Land 3,453,979$ 3,453,979$ 248,869$ 248,869$ 3,702,848$ 3,702,848$ Construction in progress 4,418,554 2,857,416 7,025,526 4,193,729 11,444,080 7,051,145 Buildings 2,576,941 2,649,349 2,576,941 2,649,349 Improvements other than buildings 438,996 439,669 438,996 439,669 Machinery and equipment 1,556,170 1,609,507 84,461 100,512 1,640,631 1,710,019 Infrastructure 8,310,394 7,517,719 22,881,173 18,249,725 31,191,567 25,767,444 Total 20,755,034$ 18,527,639$ 30,240,029$ 22,792,835$ 50,995,063$ 41,320,474$ TotalBusiness-Type ActivitiesGovernmental Activities City of Lake Elmo, Minnesota's Capital Assets (net of depreciation) CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 12 Additional information on the City of Lake Elmo, Minnesota’s capital assets can be found in Note 3D beginning on page 55 of this report. Long-term debt. At the end of the current fiscal year, the City of Lake Elmo, Minnesota had $30,400,000 in bonds, certificates and notes outstanding. The entire $30,400,000 outstanding comprises debt backed by the full faith and credit of the government. 2016 2015 2016 2015 2016 2015 General obligation bonds 11,625,000$ 9,740,000$ 18,775,000$ 12,535,000$ 30,400,000$ 22,275,000$ General obligation certificates General obligation notes payable 21,219 21,219 Total 11,625,000$ 9,761,219$ 18,775,000$ 12,535,000$ 30,400,000$ 22,296,219$ Governmental Activities Business-Type Activities Total City of Lake Elmo, Minnesota's Outstanding Debt General Obligation Bonds, Certificates and Notes The City of Lake Elmo, Minnesota's total bonds and certificates payable increased by $8,103,781 during the current fiscal year. The increase was due primarily to the issuance of the 2016A General Obligation bonds. A more detailed breakdown of these obligations can be found in Note 3E beginning on page 57 of this report. The City of Lake Elmo, Minnesota maintains an AA2 bond rating from Moody's Investor Service for general obligation debt. The City has also recently been upgraded by Standard and Poor's to a AA+ bond rating. State statutes limit the amount of general obligation debt a Minnesota City may issue to 3% of its market value of taxable property. Net debt is payable solely from ad valorem taxes. The City is currently well within this limit. Economic Factors and Next Year's Budgets and Rates  The City planned a new minor collector road to be built (5th Street) in the I-94 Corridor and many segments were completed in 2015 and 2016. A new minor collector road (Village Parkway) in the Old Village has been planned out by the City with initial sections having been built out in 2015 and 2016.  Plans continue with subsequent phases of the multi-phased developments which were approved by the City.  The Cities taxable market value increased 13% from 2014 to 2015 and 8% from 2015 to 2016. CITY OF LAKE ELMO, MINNESOTA MANAGEMENT’S DISCUSSION AND ANALYSIS 13 Economic Factors and Next Year's Budgets and Rates (continued)  There was a slight reduction in the amount of total property taxes levied in 2017. This was based on increases in charges for services revenues for building-related activities and the planned use of fund balance, which helped to offset increases to the debt service components of the tax levy.  Development continues to be strong in the new development areas. The 2017 budget anticipates the building of 250 new homes and the continuation of commercial expansion.  The Lake Elmo Avenue Downtown project with Washington County is well underway and Phase I was completed in 2015. Phase II of the project was completed in 2016 and Phase III will be completed in 2017. The project covers full reconstruction of the streets as well as upgrading the existing water system and installation of a new sewer system and storm water drainage system.  The Inwood Avenue segment of the water line (for which the $3.5M in State Bonding proceeds were secured) has moved into construction. This includes the construction of a new water tower, booster station and the truck water main improvements anticipated to be on-line in 2017. Requests for Information This financial report is designed to provide a general overview of the City of Lake Elmo, Minnesota’s finances for all those with an interest in the City's finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to City of Lake Elmo, Minnesota, 3800 Laverne Avenue North, Lake Elmo, Minnesota, 55042. This Page Left Blank Intentionally CITY OF LAKE ELMO, MINNESOTA FINANCIAL STATEMENTS DECEMBER 31, 2016 This Page Left Blank Intentionally See Notes to Financial Statements 14 Governmental Business-Type Activities Activities Total ASSETS Cash and investments 8,879,954$ 4,686,929$ 13,566,883$ Receivables, net of allowance 1,584,601 1,899,537 3,484,138 Due from other governmental units 44,108 3,434,202 3,478,310 Internal balances (77,425) 77,425 Prepaid expenses 5,653 5,653 Net pension asset 456,915 456,915 Capital assets: Nondepreciable 7,872,531 7,274,395 15,146,926 Depreciable, net 12,882,503 22,965,634 35,848,137 Total Assets 31,648,840 40,338,122 71,986,962 DEFERRED OUTFLOWS OF RESOURCES Unamortized deferred amount on refunding 25,070 46,474 71,544 Deferred outflows from pension activity 831,606 82,210 913,816 Total Deferred Outflows of Resources 856,676 128,684 985,360 LIABILITIES Accounts payable 670,456 79,110 749,566 Accrued expenses 66,038 8,512 74,550 Accrued interest 124,170 184,114 308,284 Escrow deposits 75,000 75,000 Due to other governmental units 11,173 161,580 172,753 Unearned revenue 8,300 379,000 387,300 Noncurrent liabilities: Due within one year 958,467 722,625 1,681,092 Due in more than one year 11,060,143 18,322,092 29,382,235 Net pension liability 1,452,778 199,409 1,652,187 Total Liabilities 14,426,525 20,056,442 34,482,967 DEFERRED INFLOWS OF RESOURCES Deferred inflows from pension activity 206,031 30,351 236,382 NET POSITION Net investment in capital assets 9,032,535 12,506,474 21,539,009 Restricted Debt service 4,704,133 1,473,164 6,177,297 Unrestricted 4,136,292 6,400,375 10,536,667 Total Net Position 17,872,960$ 20,380,013$ 38,252,973$ CITY OF LAKE ELMO, MINNESOTA STATEMENT OF NET POSITION December 31, 2016 15 Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions Governmental activities: General government 1,358,370$ 51,009$ $ $ Public safety 1,308,360 1,752,522 72,591 Public works 1,698,566 139,121 1,388,315 Culture and recreation 660,947 23,502 64,154 Interest on long-term debt 178,266 Total governmental activities 5,204,509 1,803,531 235,214 1,452,469 Business-Type activities: Water 1,409,832 1,801,228 3,443,636 Sewer 380,650 1,315,948 20,931 Storm sewer 150,302 213,233 Total business-type activities 1,940,784 3,330,409 3,464,567 Total 7,145,293$ 5,133,940$ 235,214$ 4,917,036$ General revenues: General property taxes Grants and contributions not restricted to specific programs Interest earnings Miscellaneous Transfers Total general revenues and transfers Change in net position Net position - beginning Net position - ending Program Revenues CITY OF LAKE ELMO, MINNESOTA STATEMENT OF ACTIVITIES For the Year Ended December 31, 2016 16 Governmental Business-Type Activities Activities Total (1,307,361)$ (1,307,361)$ 516,753 516,753 (171,130) (171,130) (573,291) (573,291) (178,266) (178,266) (1,713,295) (1,713,295) 3,835,032$ 3,835,032 956,229 956,229 62,931 62,931 4,854,192 4,854,192 (1,713,295) 4,854,192 3,140,897 3,226,739 3,226,739 8,584 748 9,332 43,228 44,423 87,651 52,479 52,479 143,105 (143,105) 3,474,135 (97,934) 3,376,201 1,760,840 4,756,258 6,517,098 16,112,120 15,623,755 31,735,875 17,872,960$ 20,380,013$ 38,252,973$ Net (Expense) Revenue and Changes in Net Position This Page Left Blank Intentionally CITY OF LAKE ELMO, MINNESOTA FUND FINANCIAL STATEMENTS DECEMBER 31, 2016 See Notes to Financial Statements 17 CITY OF LAKE ELMO, MINNESOTA BALANCE SHEET GOVERNMENTAL FUNDS December 31, 2016 General Fund (101) Debt Service (300s) Infrastructure Reserve (409) ASSETS Cash and investments 3,727,367$ 3,326,884$ 143,963$ Receivables (Net of allowance for uncollectibles) Accounts 2,168 65,511 Delinquent taxes 44,088 Special assessments 1,189,170 266,733 Accrued interest 16,931 Due from other funds 200,937 Advances to other funds 405,398 Due from other governmental units 39,274 4,834 Prepaid items 3,824 TOTAL ASSETS 4,439,987$ 4,520,888$ 476,207$ LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE LIABILITIES Accounts payable 438,008$ $ 172,571$ Escrow deposits payable Accrued liabilities 60,554 Due to other funds 95,605 7,032 Unearned revenue 8,300 Advances from other funds Total liabilities 506,862 95,605 179,603 DEFERRED INFLOWS OF RESOURCES Unavailable revenue: Property taxes 44,088 Special assessments 1,189,170 266,733 Total deferred inflows of resources 44,088 1,189,170 266,733 FUND BALANCE Nonspendable 409,222 Restricted 3,248,230 Committed 200,000 Assigned 29,871 Unassigned 3,279,815 (12,117) Total Fund Balance 3,889,037 3,236,113 29,871 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE 4,439,987$ 4,520,888$ 476,207$ 18 Vehicle Acquisition (410) Other Governmental Funds Total 39,191$ 1,642,549$ 8,879,954$ 67,679 44,088 1,455,903 16,931 200,937 405,398 44,108 3,824 39,191$ 1,642,549$ 11,118,822$ $ 71,225$ 681,804$ 75,000 75,000 3,480 64,034 57,904 160,541 8,300 405,398 405,398 613,007 1,395,077 44,088 1,455,903 1,499,991 409,222 3,248,230 200,000 39,191 1,435,594 1,504,656 (406,052) 2,861,646 39,191 1,029,542 8,223,754 39,191$ 1,642,549$ 11,118,822$ This Page Left Blank Intentionally See Notes to Financial Statements 19 Amounts reported for governmental activities in the statement of net position are different because: Total governmental fund balances (pages 17-18) 8,223,754$ Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds: Governmental funds - capital assets 27,619,139$ Accumulated depreciation (7,036,476) 20,582,663 Other long-term assets are not available to pay for current-period expenditures and, therefore, are unavailable in the funds: Delinquent property taxes 44,088$ Special assessments 1,455,903 1,499,991 Long-term liabilities are not due and payable in the current period and therefore are not reported in the funds: Bonds and notes payable (11,625,000)$ Net pension liability (asset), deferred outflows and inflows from pension activity (370,288) Compensated absences (64,623) Post employment benefit obligation (206,419) Accrued interest (124,170) Unamortized deferred amount on refunding 25,070 Unamortized bond premiums (181,792) Unamortized bond discounts 59,224 (12,487,998) Internal service funds are used by management to charge the cost of services to individual funds. The assets and liabilities are included in the governmental statement of net position. 54,550 Net position of governmental activities (page 14) 17,872,960$ December 31, 2016 CITY OF LAKE ELMO, MINNESOTA RECONCILIATION OF NET POSITION IN THE GOVERNMENT-WIDE FINANCIAL STATEMENTS AND FUND BALANCES IN THE FUND BASIS FINANCIAL STATEMENTS 20 CITY OF LAKE ELMO, MINNESOTA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS For the Year Ended December 31, 2016 General Fund (101) Debt Service (300s) Infrastructure Reserve (409) REVENUES Taxes 2,310,177$ 664,540$ $ Licenses and permits 1,713,918 Intergovernmental 209,373 72,100 1,401 Charges for services 38,608 Fines and forfeitures 49,505 Special assessments 897,323 Dedication fees Refunds and reimbursements Investment earnings 20,437 15,309 Miscellaneous revenue 42,515 TOTAL REVENUES 4,384,533 1,649,272 1,401 EXPENDITURES Current General government 1,280,259 Public safety 1,262,040 Public works 893,644 Culture and recreation 168,788 Unallocated 78,047 Capital Outlay Public safety Public works 2,974,274 Culture and recreation Debt Service Principal 805,000 Interest and other charges 225,772 Bond issuance costs 16,233 TOTAL EXPENDITURES 3,682,778 1,030,772 2,990,507 Excess (deficiency) of revenues over (under) expenditures 701,755 618,500 (2,989,106) OTHER FINANCING SOURCES (USES) Issuance of debt 2,690,000 Premium on issuance of debt 102,877 (Discount) on issuance of debt (14,392) Transfers 143,105 TOTAL OTHER FINANCING SOURCES (USES) 143,105 2,778,485 Net change in fund balances 701,755 761,605 (210,621) FUND BALANCES, Beginning 3,187,282 2,474,508 240,492 FUND BALANCES, Ending 3,889,037$ 3,236,113$ 29,871$ 21 Vehicle Acquisition (410) Other Governmental Funds Total $ 256,957$ 3,231,674$ 1,713,918 282,874 38,608 49,505 897,323 171,708 171,708 21,390 21,390 180 7,302 43,228 13,586 56,101 180 470,943 6,506,329 1,280,259 1,262,040 893,644 331,901 500,689 78,047 6,067 6,067 2,974,274 146,441 146,441 21,219 826,219 387 226,159 16,233 27,673 478,342 8,210,072 (27,493) (7,399) (1,703,743) 2,690,000 102,877 (14,392) 143,105 2,921,590 (27,493) (7,399) 1,217,847 66,684 1,036,941 7,005,907 39,191$ 1,029,542$ 8,223,754$ This Page Left Blank Intentionally See Notes to Financial Statements 22 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances - total governmental funds (pages 20-21) 1,217,847$ Governmental funds report capital outlay as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense: Capital outlay capitalized 3,100,540$ Depreciation expense (917,521) 2,183,019 Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds: Special assessments 487,491$ Property taxes 900 Intergovernmental revenue (70,000) Park dedication fees (107,554) 310,837 Some expenses reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in governmental funds: Compensated absences, end of year (64,623)$ Compensated absences, beginning of year 70,161 Post employment benefit obligation, end of year (206,419) Post employment benefit obligation, beginning of year 174,282 (26,599) Bond, contract and loan proceeds provide current financial resources to governmental funds, but issuing debt increase long-term liabilities in the statement of net position. Repayment of long-term debt is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net position: Principal retirement on long-term debt 826,219$ Issuance of long-term debt (2,690,000) Change in net pension liability (asset) 70,909 Change in deferred amount on refunding (2,539) Change in accrued interest, bond premiums and bond discounts (104,223) (1,899,634) Internal service funds are used by management to charge the costs of capital equipment replacement to individual funds. The net revenue of certain activities of internal service funds is reported with governmental activities in the government-wide financial statements (24,630) Change in net position of governmental activities (page 16) 1,760,840$ CITY OF LAKE ELMO, MINNESOTA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the Year Ended December 31, 2016 See Notes to Financial Statements 23 Variance with 2016 Final Budget- Actual Positive Original Final Amounts (Negative) REVENUES Taxes Property 2,218,406$ 2,218,406$ 2,210,359$ (8,047)$ Franchise 49,000 49,000 99,818 50,818 Total Taxes 2,267,406 2,267,406 2,310,177 42,771 Licenses and Permits Business 15,180 15,180 12,185 (2,995) Nonbusiness 901,529 901,529 1,701,733 800,204 Total Licenses and Permits 916,709 916,709 1,713,918 797,209 Intergovernmental MSA - maintenance 101,696 101,696 123,433 21,737 Fire state aid 41,500 41,500 59,136 17,636 Other 7,813 7,813 11,116 3,303 County and local 15,500 15,500 15,688 188 Total Intergovernmental 166,509 166,509 209,373 42,864 Charges for Services 30,890 30,890 38,608 7,718 Fines and Forfeits 45,000 45,000 49,505 4,505 Investment Earnings 55,000 55,000 20,437 (34,563) Miscellaneous Revenue 4,000 4,000 42,515 38,515 TOTAL REVENUES 3,485,514$ 3,485,514$ 4,384,533$ 899,019$ Budgeted Amounts CITY OF LAKE ELMO, MINNESOTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Year Ended December 31, 2016 See Notes to Financial Statements 24 Variance with 2016 Final Budget- Actual Positive Original Final Amounts (Negative) EXPENDITURES General Government Mayor and Council Personnel services 27,956$ 27,956$ 27,656$ 300$ Other services and charges 18,000 18,000 28,257 (10,257) Total Mayor and Council 45,956 45,956 55,913 (9,957) Election Other services and charges 15,800 15,800 9,092 6,708 Finance and Administration Personnel services 304,906 304,906 361,223 (56,317) Supplies 7,457 7,457 7,349 108 Other services and charges 60,040 60,040 84,590 (24,550) Total Finance and Administration 372,403 372,403 453,162 (80,759) Communications Other services and charges 3,955 (3,955) Total Communications 3,955 (3,955) City Facilities Supplies 350 350 4 346 Other services and charges 55,632 55,632 70,437 (14,805) Total City Facilities 55,982 55,982 70,441 (14,459) Professional Services Assessor 38,000 38,000 52,049 (14,049) Accounting and auditing 35,350 35,350 29,459 5,891 Legal 60,000 60,000 322,842 (262,842) Engineering 48,000 48,000 34,229 13,771 Total Professional Services 181,350 181,350 438,579 (257,229) Budgeted Amounts CITY OF LAKE ELMO, MINNESOTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL (CONTINUED) For the Year Ended December 31, 2016 See Notes to Financial Statements 25 Variance with 2016 Final Budget- Actual Positive Original Final Amounts (Negative) EXPENDITURES General Government Planning and Zoning Personnel services 198,282$ 198,282$ 201,367$ (3,085)$ Supplies 2,550 2,550 810 1,740 Other services and charges 83,850 83,850 46,940 36,910 Total Planning and Zoning 284,682 284,682 249,117 35,565 Total General Government 956,173 956,173 1,280,259 (324,086) Public Safety Police Contracted services 527,060 527,060 536,330 (9,270) Fire Protection Personnel services 235,170 235,170 218,234 16,936 2% fire aid 37,323 37,323 59,136 (21,813) Supplies 32,250 32,250 21,237 11,013 Other services and charges 109,812 109,812 132,336 (22,524) Total Fire Protection 414,555 414,555 430,943 (16,388) Building Inspector Personnel services 228,341 228,341 217,829 10,512 Supplies 9,300 9,300 2,123 7,177 Other services and charges 23,125 23,125 15,080 8,045 Total Building Inspector 260,766 260,766 235,032 25,734 Animal Control Other services and charges 7,550 7,550 10,646 (3,096) Criminal Legal 54,700 54,700 44,144 10,556 Emergency Communications 7,400 7,400 4,945 2,455 Total Public Safety 1,272,031$ 1,272,031$ 1,262,040$ 9,991$ Budgeted Amounts CITY OF LAKE ELMO, MINNESOTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL (CONTINUED) For the Year Ended December 31, 2016 See Notes to Financial Statements 26 Variance with 2016 Final Budget- Actual Positive Original Final Amounts (Negative) EXPENDITURES Public Works General Personnel services 265,259$ 265,259$ 347,070$ (81,811)$ Supplies 525,950 525,950 367,657 158,293 Other services and charges 126,225 126,225 155,817 (29,592) Total General 917,434 917,434 870,544 46,890 Trees 1,000 1,000 615 385 Street Lighting 26,400 26,400 22,485 3,915 Total Public Works 944,834 944,834 893,644 51,190 Culture and Recreation Parks Personnel services 192,420 192,420 136,617 55,803 Supplies 10,000 10,000 9,884 116 Other services and charges 28,900 28,900 22,287 6,613 Total Culture and Recreation 231,320 231,320 168,788 62,532 Other Unallocated Compensation adjustments 20,000 20,000 20,000 IT and telephone expense 61,156 61,156 78,047 (16,891) Total Other Unallocated 81,156 81,156 78,047 3,109 Total Expenditures 3,485,514 3,485,514 3,682,778 (197,264) Excess (deficiency) of revenues over (under) expenditures 701,755 701,755 OTHER FINANCING SOURCES (USES) Transfers NET CHANGE IN FUND BALANCE 701,755 701,755 FUND BALANCE, January 1 3,187,282 3,187,282 3,187,282 FUND BALANCE, December 31 3,187,282$ 3,187,282$ 3,889,037$ 701,755$ Budgeted Amounts CITY OF LAKE ELMO, MINNESOTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL (CONTINUED) For the Year Ended December 31, 2016 See Notes to Financial Statements 27 CITY OF LAKE ELMO, MINNESOTA PROPRIETARY FUNDS Combining Statement of Net Position December 31, 2016 Water (601) Sewer (602) Storm Sewer (603) ASSETS Current Assets Cash and investments 135,048$ 2,606,515$ 1,945,366$ Receivables Accounts 130,481 40,774 221,693 Special assessments 360,690 1,131,468 14,431 Due from other governments 3,432,485 1,466 251 Due from other funds 54,305 23,915 Total Current Assets 4,058,704 3,834,528 2,205,656 Noncurrent Assets Property and Equipment Land 248,869 Machinery and equipment 300,587 Infrastructure 20,536,904 6,404,080 611,337 Construction in progress 4,861,511 550,564 1,613,451 Total Property and Equipment 25,947,871 6,954,644 2,224,788 Less: Accumulated depreciation 4,387,149 381,713 118,412 Net Property and Equipment 21,560,722 6,572,931 2,106,376 Total Assets 25,619,426 10,407,459 4,312,032 DEFERRED OUTFLOWS OF RESOURCES Deferred charges on refunding 46,474 Deferred outflows from pension activity 55,931 16,581 9,698 Total Deferred Outflows of Resources 102,405$ 16,581$ 9,698$ Business-Type Activities - Enterprise Funds 28 Governmental Activities - Total Internal Service Funds 4,686,929$ $ 392,948 1,506,589 3,434,202 78,220 10,098,888 248,869 300,587 654,692 27,552,321 7,025,526 35,127,303 654,692 4,887,274 482,321 30,240,029 172,371 40,338,917 172,371 46,474 82,210 128,684$ $ See Notes to Financial Statements 29 CITY OF LAKE ELMO, MINNESOTA PROPRIETARY FUNDS Combining Statement of Net Position (Continued) December 31, 2016 Water (601) Sewer (602) Storm Sewer (603) LIABILITIES Current Liabilities Accounts payable 35,640$ 41,664$ 1,806$ Accrued salaries payable 5,816 1,834 862 Accrued interest payable 96,963 57,604 29,547 Due to other funds 795 Due to other governments 7,511 145,493 8,576 Unearned revenue 379,000 Current portion of compensated absences 8,844 6,604 2,177 Current portion of bonds payable 485,000 220,000 Total Current Liabilities 1,019,569 473,199 42,968 Long-term Liabilities Other postemployment benefits payable 17,499 5,405 7,918 Compensated absences payable 2,948 2,201 726 Net pension liability 126,574 45,108 27,727 Bonds payable and unamortized premium on bonds, net of unamortized discount on bonds 11,141,149 4,320,429 2,823,817 Total Long-term Liabilities 11,288,170 4,373,143 2,860,188 Total Liabilities 12,307,739 4,846,342 2,903,156 DEFERRED INFLOWS OF RESOURCES Deferred inflows from pension activity 19,443 6,770 4,138 NET POSITION Net investment in capital assets 9,981,047 2,032,502 492,925 Restricted Debt service 341,696 1,131,468 Unrestricted 3,071,906 2,406,958 921,511 Total Net Position 13,394,649$ 5,570,928$ 1,414,436$ Business-Type Activities - Enterprise Funds 30 Governmental Activities - Total Internal Service Funds 79,110$ $ 8,512 184,114 795 117,821 161,580 379,000 17,625 705,000 1,535,736 117,821 30,822 5,875 199,409 18,285,395 18,521,501 20,057,237 117,821 30,351 12,506,474 172,371 1,473,164 6,400,375 (117,821) 20,380,013$ 54,550$ See Notes to Financial Statements 31 CITY OF LAKE ELMO, MINNESOTA PROPRIETARY FUNDS Combining Statement of Revenues, Expenses and Changes in Net Position For the Year Ended December 31, 2016 Business-Type Activities - Enterprise Funds Water (601) Sewer (602) Storm Sewer (603) Operating Revenues 1,504,202$ 932,448$ 213,233$ Operating Expenses Personnel services 184,129 55,740 30,248 Supplies 140,861 8,730 6,272 Professional services 15,442 13,311 31,111 Repairs and maintenance 10,800 27,428 21,944 Insurance 8,975 Utilities 180,117 22,754 Depreciation 612,352 132,265 15,962 Total Operating Expenses 1,152,676 260,228 105,537 Operating Income (Loss)351,526 672,220 107,696 Other Revenue (Expense) Investment earnings 13,987 14,584 15,852 Rents 52,526 Future infrastructure charges 244,500 383,500 Bond issuance costs (19,465) (5,191) (16,718) Intergovernmental revenue 525 142 81 Interest and fiscal expense (237,691) (115,231) (28,047) Total Other Revenue (Expense) 54,382 277,804 (28,832) Income (Loss) Before Transfers and Contributions 405,908 950,024 78,864 Capital contributions 3,443,636 20,931 Transfers out (40,427) (102,678) Change in net position 3,809,117 868,277 78,864 Net Position, Beginning 9,585,532 4,702,651 1,335,572 Net Position, End of Year 13,394,649$ 5,570,928$ 1,414,436$ See Notes to Financial Statements 32 Governmental Activities - Total Internal Service Funds 2,649,883$ $ 270,117 155,863 59,864 60,172 8,975 202,871 760,579 24,630 1,518,441 24,630 1,131,442 (24,630) 44,423 52,526 628,000 (41,374) 748 (380,969) 303,354 1,434,796 (24,630) 3,464,567 (143,105) 4,756,258 (24,630) 15,623,755 79,180 20,380,013$ 54,550$ 33 Governmental Activities - Water (601) Sewer (602) Storm Sewer (603) Total Internal Service Funds Cash Flows from Operating Activities Cash received from customers 2,191,512$ 1,570,518$ 235,763$ 3,997,793$ $ Cash payments to suppliers (558,431) 1,904 (56,666) (613,193) Cash payments to employees (164,894) (44,897) (26,303) (236,094) Net Cash Provided By (Used In) Operating Activities 1,468,187 1,527,525 152,794 3,148,506 Cash Flows From Investing Activities Interest earnings received 13,987 14,584 15,852 44,423 Cash Flows from Noncapital Financing Activities Rents received 52,526 52,526 Increase in due to other funds 41,740 Transfers to other funds (40,427) (102,678) (143,105) Net Cash Provided By (Used In) Noncapital Financing Activities 12,099 (102,678) (90,579) 41,740 Cash Flows from Capital and Related Financing Activities Acquisition of capital assets (6,187,932) (538,590) (1,481,249) (8,207,771) (69,003) Special assessments received 137,938 292,432 2,487 432,857 Proceeds from issuance of long-term debt 3,225,000 860,000 2,770,000 6,855,000 Bond issuance costs (19,465) (5,191) (16,718) (41,374) Increase in unamortized bond premiums 58,434 15,660 55,315 129,409 Principal paid on long-term debt (415,000) (200,000) (615,000) Interest paid on long-term debt (197,021) (107,425) (304,446) Net Cash Provided By (Used In) Capital and Related Financing Activities (3,398,046) 316,886 1,329,835 (1,751,325) (69,003) Net Increase (Decrease) in Cash and Cash Equivalents (1,903,773) 1,756,317 1,498,481 1,351,025 (27,263) Cash and Cash Equivalents, January 1 2,038,821 850,198 446,885 3,335,904 27,263 Cash and Cash Equivalents, December 31 135,048$ 2,606,515$ 1,945,366$ 4,686,929$ $ Business-Type Activities - Enterprise Funds CITY OF LAKE ELMO, MINNESOTA PROPRIETARY FUNDS Combining Statement of Cash Flows For the Year Ended December 31, 2016 See Notes to Financial Statements 34 Governmental Activities - RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Water (601) Sewer (602) Storm Sewer (603) Total Internal Service Funds Operating income (loss) 351,526$ 672,220$ 107,696$ 1,131,442$ (24,630)$ Adjustments to reconcile operating income to net cash provided by operating activities Depreciation 612,352 132,265 15,962 760,579 24,630 Change in net pension liability 6,821 1,847 1,050 9,718 Future infrastructure charges, included in nonoperating revenue 244,500 383,500 628,000 (Increase) decrease in: Accounts receivable 227,290 256,036 22,781 506,107 Due from other governments 520 (1,466) (251) (1,197) Prepaid expenses 1,290 1,290 Increase (decrease) in: Accounts payable (207,454) (61,701) (1,279) (270,434) Accrued salaries payable 2,418 568 57 3,043 Due to other governments 5,218 134,538 3,940 143,696 Unearned revenue 215,000 215,000 Other postemployment benefits payable 3,494 1,520 1,112 6,126 Compensated absences payable 6,502 6,908 1,726 15,136 Net Cash Provided By (Used In) Operating Activities 1,468,187$ 1,527,525$ 152,794$ 3,148,506$ $ Noncash Capital and Related Financing Activities Amortization of deferred charges 5,333$ 547$ 402$ 6,282$ $ Amortization of bond premiums 8,966 2,032 1,902 12,900 Receipt of contributed capital 11,334 20,931 32,265 Capital asset grant included in receivables 3,432,302 3,432,302 Business-Type Activities - Enterprise Funds CITY OF LAKE ELMO, MINNESOTA PROPRIETARY FUNDS Combining Statement of Cash Flows (Continued) For the Year Ended December 31, 2016 See Notes to Financial Statements 35 Agency Funds ASSETS Cash and investments 2,394,526$ Accounts receivable 128 TOTAL ASSETS 2,394,654$ LIABILITIES Accounts payable 64,812$ Deposits payable 2,329,842 TOTAL LIABILITIES 2,394,654$ CITY OF LAKE ELMO, MINNESOTA STATEMENT OF FIDUCIARY NET POSITION FIDUCIARY FUNDS December 31, 2016 CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS December 31, 2016 This Page Left Blank Intentionally CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS 36 1. Summary of Significant Accounting Policies The financial statements of the City of Lake Elmo, Minnesota (the City) have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting principles are described below. A. Reporting Entity The City operates under Optional Plan A as defined in the State of Minnesota statutes. The City is governed by an elected Mayor and a four-member Council. The Council exercises legislative authority and determines all matters of policy. The Council appoints personnel responsible for the proper administration of all affairs relating to the City. The City has considered all potential component units for which it is financially accountable, and other organizations for which the nature and significance of their relationship with the City are such that exclusion would cause the City's financial statements to be misleading or incomplete. GASB has set forth criteria to be considered in determining financial accountability for a component unit. These criteria include appointing a voting majority of the component unit's governing body, and 1) the ability of the primary government to impose its will on that component unit, or 2) the potential for the component unit to provide specific benefits to, or impose specific financial burdens on the primary government. The City has no component units. Related Organizations The Lake Elmo Firemen's Relief Association (Association) is organized as a legally separate entity from the City by its members to provide pension and other benefits to its members in accordance with Minnesota statutes. The membership appoints the board of the Association and separate financial statements are issued by the Association. All funding is conducted in accordance with Minnesota statutes. Although the City levies property taxes for the Association, the Association is fiscally independent to determine and levy taxes. The City's portion of the pension benefit costs related to the Association is included in the general fund. The Association does not have any significant operational or financial relationship with the City. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 37 1. Summary of Significant Accounting Policies (Continued) B. Government-wide and Fund Financial Statements The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the City. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds, proprietary funds and fiduciary funds, even though the latter are excluded from the government-wide financial statements. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. C. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 38 1. Summary of Significant Accounting Policies (Continued) C. Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued) Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded when payment is due. Property taxes, licenses and permits, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. All other revenue items are considered to be measurable and available only when cash is received by the City. Revenue resulting from exchange transactions, in which each party gives and receives essentially equal value, is recorded on the accrual basis when the exchange takes place. On a modified accrual basis, revenue is recorded in the year in which the resources are measureable and become available. Non-exchange transactions, in which the City receives value without directly giving equal value in return, include property taxes, grants and donations. On an accrual basis, revenue from property taxes is recognized in the year for which the tax is levied. Revenue from grants and donations is recognized in the year in which all eligibility requirements have been satisfied. Eligibility requirements include timing requirements, which specify the year in which the resources are required to be used or the year when use is first permitted; matching requirements, in which the City must provide local resources to be used for a specific purpose; and expenditure requirements, in which the resources are provided to the City on a reimbursement basis. On a modified accrual basis, revenue from non-exchange transactions must also be available before it is recognized. Unearned revenue is recorded when assets are recognized before revenue recognition criteria have been satisfied. Grants received before eligibility requirements other than time requirements are met are recorded as unearned revenue. Grants received before time requirements are met are recorded as a deferred inflow of resources. The City reports the following major governmental funds: The general fund is the government’s primary operating fund. It accounts for all financial resources of the City, except those required to be accounted for in another fund. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 39 1. Summary of Significant Accounting Policies (Continued) C. Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued) The debt service fund is an accumulation of resources (primarily special assessments and property tax revenues) for the payments of principal and interest on long-term general obligation debt of governmental funds. The infrastructure reserve fund accounts for the accumulation of funds for the current and future road and street infrastructure projects. The vehicle acquisition fund accounts for the accumulation of funds for the purchase of vehicles to be used by various City departments. Although this fund did not meet the requirements to be considered a major fund, management has elected to include this fund as a major fund as of and for the year ended December 31, 2016. This fund will be closed during 2017. The City reports the following major proprietary funds: The water fund accounts for the activities of the City's water distribution operations. The sewer fund accounts for revenues and costs associated with the City's sewer system. The storm sewer fund accounts for costs associated with the City's storm sewer system. These costs are financed by the storm sewer surcharge. Additionally, the City reports the following fund types: Internal service funds are used to account for the replacement of radios, information technology and furniture, fixtures and equipment expenses of the governmental activities. Internal service funds operate in a manner similar to enterprise funds; however, they accumulate funding primarily from other departments within the City on a cost reimbursement basis. Fiduciary funds account for assets held by the City in a trustee capacity or as an agent on behalf of others. Agency funds are custodial in nature and do not present results of operations or have a measurement focus. Agency funds are accounted for using the modified accrual basis of accounting. These funds are used to account for assets that the City holds for others in an agency capacity. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 40 1. Summary of Significant Accounting Policies (Continued) C. Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued) As a general rule the effect of interfund activity has been eliminated from the government- wide financial statements. Exceptions to this general rule are payments-in-lieu of taxes and other charges between the City's enterprise funds and various other functions of the City. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's enterprise funds are charges to customers for sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation of capital assets. All other revenues and expenses are reported as nonoperating revenues and expenses. When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, then unrestricted resources as they are needed. D. Assets, Liabilities, Deferred Inflows of Resources and Net Position 1. Cash and investments (including cash equivalents) Cash balances from all funds (including cash equivalents) are pooled and invested to the extent available in various securities as authorized by Minnesota statutes. Earnings from the pooled investments are allocated to the respective funds on the basis of applicable cash balance (or due from other funds balance) participation by each fund. Investments are stated at fair value, based upon quoted market prices at the reporting date. Cash and cash equivalents for purposes of the basic financial statements includes amounts in demand deposits as well as all investments held by the City. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 41 1. Summary of Significant Accounting Policies (Continued) D. Assets, Liabilities, Deferred Inflows of Resources and Net Position (Continued) 2. Receivables and payables Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either "due to/from other funds" (i.e., the current portion of interfund loans) or "advances to/from other funds" (i.e., the non-current portion of interfund loans). All other outstanding balances between funds are reported as "due to/from other funds." Any residual balances outstanding between the governmental activities and business-type activities are reported in the government- wide financial statements as "interfund balances." Advances between funds, if any, are offset by a fund balance reserve account in applicable governmental funds to indicate that they are not available for appropriation and are not expendable available financial resources. Property tax levies are set by the City Council in December of each year and are certified to Washington County for collection in the following year. In Minnesota, counties act as collection agents for all property taxes. The County spreads all levies over taxable property. Such taxes become a lien on January 1, of the following year, and are recorded as receivables by the City at that date. Revenues from property taxes are accrued and recognized in the year collectible, net of delinquencies. Real property taxes may be paid by taxpayers in two equal installments on May 15 and October 15. Personal property taxes may be paid on February 28 and June 30. The County provides tax settlements to cities and other taxing districts normally during the months of January, July and December. Taxes which remain unpaid at December 31 are classified as delinquent taxes receivable. The net amount of delinquent taxes receivable are fully offset by deferred inflows of resources in the governmental funds of the fund financial statements because they are not known to be available to finance current expenditures. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 42 1. Summary of Significant Accounting Policies (Continued) D. Assets, Liabilities, Deferred Inflows of Resources and Net Position (Continued) 2. Receivables and payables (continued) Assessments are levied at various times upon City Council resolution for property owner improvements made by the City. Generally, assessment collections are deferred over periods ranging from ten to twenty years with interest charged at 1% over the City’s borrowing rate. Revenue from these assessments is recognized when assessed in the government-wide financial statements and as the annual installments become collectible in the governmental funds of the fund financial statements. Annual installments not collected as of each December 31 are classified as delinquent assessments receivable. The net amount of delinquent assessments receivable are fully offset by deferred inflows of resources in the governmental funds of the fund financial statements because they are not known to be available to finance current expenditures. 3. Capital assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the City as assets with an initial, individual cost of more than $25,000. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Donated capital assets are recorded at estimated fair market value at the date of donation. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business-type activities, if material, is included as part of the capitalized value of the assets constructed, net of interest earned on the invested debt proceeds over the same period. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 43 1. Summary of Significant Accounting Policies (Continued) D. Assets, Liabilities, Deferred Inflows of Resources and Net Position (Continued) 3. Capital assets (continued) Property, plant and equipment are capitalized when acquired, and depreciation is provided using the straight-line method applied over the following estimated useful lives of the assets. Useful Life in Years Buildings and Improvements 10 - 50 Infrastructure 20 - 40 Other Improvements 10 - 25 Machinery and Equipment 5 - 20 4. Postemployment benefits other than pensions Under Minnesota Statute 471.61, subdivision 2b., public employers must allow retirees and their dependents to continue coverage indefinitely in an employer-sponsored health care plan, under the following conditions: 1) retirees must be receiving (or eligible to receive) an annuity from a Minnesota public pension plan, 2) coverage must continue in group plan until age 65, and retirees must pay no more than the group premium, and 3) retirees may obtain dependent coverage immediately before retirement. All premiums are funded on a pay-as-you-go basis. The postemployment benefit obligation liability was determined using the alternative measurement method, in accordance with GASB Statement No. 45. 5. Long-term obligations In the government-wide financial statements and proprietary fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities or proprietary fund type statements of net position. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 44 1. Summary of Significant Accounting Policies (Continued) D. Assets, Liabilities, Deferred Inflows of Resources and Net Position (Continued) 5. Long-term obligations (continued) Bond premiums and discounts are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. In the fund financial statements, governmental fund types recognize bond premiums and discounts during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as current expenditures. 6. Pensions For purposes of measuring the net pension liability, deferred outflows/inflows of resources and pension expense, information about the fiduciary net position of the Public Employees Retirement Association (PERA) and additions to/deductions from PERA's fiduciary net position have been determined on the same basis as they are reported by PERA except that PERA's fiscal year end is June 30. For this purpose, plan contributions are recognized as of employer payroll paid dates and benefit payments and refunds are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. 7. Net Position and Fund Balance In the government-wide and proprietary financial statements, net position is classified in the following categories: Net Investment in Capital Assets – This amount consists of capital assets net of accumulated depreciation and reduced by outstanding debt attributed to the acquisition, construction, or improvement of the assets. Restricted Net Position – This amount is restricted by external creditors, grantors, contributors, laws or regulations of other governments. Unrestricted Net Position – This amount is all net position that does not meet the definition of “net investment in capital assets” or “restricted net position.” CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 45 1. Summary of Significant Accounting Policies (Continued) D. Assets, Liabilities, Deferred Inflows of Resources and Net Position (Continued) 7. Net Position and Fund Balance (continued) The City classifies governmental fund balances as follows: Non-spendable – includes fund balance amounts that cannot be spent either because it is not in spendable form or because of legal or contractual restraints. Restricted – This amount is restricted by external creditors, grantors, contributors, laws or regulations of other governments. Committed – includes amounts that can be used only for the specific purposes imposed by formal action (resolution) of the City Council, which is the City's highest level of decision-making authority. Those committed amounts cannot be used for any other purpose unless the Council rescinds or changes the specified use by taking the same type of action (resolution) it employed to previously commit those amounts. Assigned – includes fund balance amounts that are intended to be used for specific purposes that are neither considered restricted or committed. The City Council, by majority vote, may assign fund balances to be used for specific purposes when appropriate. The Council has delegated the power to assign fund balances to the City's finance committee. Unlike commitments, assignments generally only exist temporarily. In other words, an additional action does not normally have to be taken for the removal of an assignment. Conversely, as discussed above, an additional action is essential to either remove or revise a commitment. Unassigned – includes positive fund balances within the General Fund which have not been classified within the above mentioned categories and negative fund balances in other governmental funds. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 46 1. Summary of Significant Accounting Policies (Continued) D. Assets, Liabilities, Deferred Inflows of Resources and Net Position (Continued) 7. Net Position and Fund Balance (continued) The City considers restricted/committed amounts to be spent first when both restricted and unrestricted fund balance is available unless there are legal documents/contracts that prohibit doing this, such as a grant agreement requiring dollar for dollar spending. Additionally, the City would first use committed, then assigned and lastly unassigned amounts when expenditures are made. The City Council has formally adopted a fund balance policy for the General Fund. The City's policy is to maintain a minimum unassigned fund balance in the General Fund equal to 50 percent of budgeted expenditures to ensure funds are available at all times to meet cash flow needs and accommodate emergency contingency concerns. 8. Interfund transactions Interfund services provided and used are accounted for as revenues, expenditures or expenses. Transactions that constitute reimbursements to a fund for expenditures/expenses or revenues/income initially made from it that are properly applicable to another fund are recorded as expenditures/expenses or revenues/income in the fund that is reimbursed. All other interfund transactions, except interfund services provided and used, are reported as transfers. E. Concentration of Credit Risk Financial instruments which expose the City to a concentration of credit risk consist primarily of cash investments and accounts and loans receivable. Credit risk related to cash and investments is discussed in Note 3A. The City's accounts and loans receivable are concentrated geographically, and for the most part, amounts are due from individuals residing in and businesses located in the City of Lake Elmo, Minnesota. F. Use of Estimates The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America (GAAP) requires management to make estimates that affect amounts reported in the financial statements during the reporting period. Actual results could differ from such estimates. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 47 2. Stewardship, Compliance and Accountability A. Budgetary Information Annual budgets are adopted on a basis consistent with accounting principles generally accepted in the United States of America. Annual appropriated budgets are legally adopted by Council resolution for the General Fund and the special revenue funds. Formal budgetary integration is employed as a management control device during the year for these funds. The City follows these legal compliance procedures in establishing the budgetary data reflected in the financial statements. 1. Budget requests are submitted by all department heads to the City Administrator and Finance Director in August of each year. The Administrator's office compiles the budget requests into an overall preliminary City budget, balancing budget requests with available revenue. 2. The preliminary budget is submitted to the City Council in September for its review and/or modification. 3. City administration presents the proposed budget to the City Council which in turn, when required, holds a truth-in-taxation public hearing on the proposed budget. The budget resolution adopted by the City Council sets forth the budget at the department level for the General Fund and the special revenue funds. 4. All budgeted appropriations lapse at the end of the fiscal year. The legal level of control (the level on which expenditures may not legally exceed appropriations) for each budget is at the department level. Administration cannot legally amend or transfer appropriations between departments without the approval of the City Council once the budget has been approved. Any over expenditures of appropriations or transfers of appropriated amounts must be approved by the City Council. 5. Budgeted amounts are as originally adopted, or as amended by the City Council. The budget cannot be amended without approval by the City Council. All budget amounts presented as a basic financial statement or in the accompanying supplementary information reflect the original budget and the final budget (which were the same for the year ended December 31, 2016). The City does not use encumbrance accounting. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 48 2. Stewardship, Compliance, and Accountability B. Expenditures Exceeding Appropriations For the year ended December 31, 2016, the General Fund total expenditures were $197,264 more than budget. The following funds and General Fund departments had expenditures exceeding the latest amended budget: 2016 Budgeted Expenditures 2016 Actual Expenditures Amount Exceeding Budgeted Amount General Fund: General government 956,173$ 1,280,259$ 324,086$ Library Fund 256,957 331,901 74,944 The above listed over expenditures in the general government department were due primarily to legal expenses incurred over the amounts budgeted. The expenditures in excess of budget for the Library fund were related to repairs to the library building during the year. All overexpenditures were approved by the City Council. C. Fund Balance Deficits As of December 31, 2016, the following funds had deficit fund balances: Fund Amount Nonmajor: City Events Special Revenue 609$ Village Project Capital Project 400,546 Manning Avenue/Highway 36 Capital Project 4,897 The fund balance deficits will be eliminated by future revenue and financing sources. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 49 3. Detailed Notes on All Funds A. Deposits and Investments In accordance with applicable Minnesota statutes, the City maintains deposits at depository banks authorized by the City Council. All such depositories are members of the Federal Reserve System. Minnesota statutes require that all deposits be protected by insurance, surety bond or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance or surety bonds. Authorized collateral includes certain state or local government obligations and legal investments described in the investment policy section. Minnesota Statutes require that securities pledged as collateral be held in safekeeping by the City Treasurer or in a financial institution other than the institution furnishing the collateral. The City's deposits were entirely covered by federal depository insurance or collateral at December 31, 2016. Investment Policy The City does not maintain a formal investment policy that limits investment maturities as a means of managing its exposure to fair value losses arising from increasing interest rates or that would limit its investment choices as a means of managing its exposure to credit risk. The City is authorized by Minnesota Statutes to invest idle funds as follows: (a) Direct obligations or obligations guaranteed by the United States or its agencies. (b) Shares of investment companies registered under the Federal Investment Company Act of 1940 and whose only investments are in securities described in (a) above. (c) General obligations of the State of Minnesota or its municipalities. (d) Bankers acceptances of United States banks eligible for purchase by the Federal Reserve System. (e) Commercial paper issued by United States corporations or their Canadian subsidiaries, of the highest quality, and maturing in 270 days or less. (f) Repurchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding $10,000,000, a reporting dealer to the Federal Reserve Bank of New York, or certain Minnesota securities broker-dealers. (g) Money market funds with institutions that have portfolios consisting exclusively of United States Treasury obligations and Federal Agency issues. (h) Guaranteed investment contracts (gic's) issued or guaranteed by United States commercial banks or domestic branches of foreign banks or United States insurance companies and with a credit quality in one of the top two highest categories. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 50 3. Detailed Notes on All Funds (Continued) A. Deposits and Investments (Continued) Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. One of the ways that the City manages its exposure to interest rate risk is by purchasing a combination of shorter and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needs for operation. The following is a summary of the City of Lake Elmo, Minnesota's cash and investment portfolio including the range of maturities and investment ratings by type of investment: Investment Range of Maturities Rating Value Cash N/A N/A 11,127,493$ Certificates of Deposit 10/22 N/A 2,933,500 Municipal Bonds 12/18 A 363,667 U.S. Government Agencies 10/23 AAA 1,536,750 Total cash and investments 15,961,410$ N/A Not applicable or not available A reconciliation of cash and temporary investments as shown on the Statement of Net Position for the City follows: Carrying amount of deposits 11,127,493$ Investments 4,833,917 Total 15,961,410$ Government-wide Cash and investments 13,566,883$ Fiduciary Cash and investments 2,394,526 Total 15,961,409$ CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 51 3. Detailed Notes on All Funds (Continued) A. Deposits and Investments (Continued) Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. The City's investments are rated by various credit rating agencies, where applicable, to indicate the associated credit risk. Investment ratings by investment type (as applicable) are included in the preceding summary of investments. Concentration of Credit Risk Investments in any one issuer that represented 5% or more of total investments as of December 31, 2016 were as follows: Issuer Investment Type Value Lake Elmo Bank Money Market Savings 10,608,299$ The City routinely reviews its deposits to determine that pledged securities are adequate to cover any uninsured deposits. Custodial Credit Risk For an investment, custodial credit risk is the risk that, in the event of the failure of the counter party, the City will not be able to recover the value of its investment securities that are in the possession of an outside party. At December 31, 2016, all investments were insured or registered or the securities were held by the City or its agent in the City's name. Fair Value Measurements Fair value measurements are determined utilizing the framework established by the Governmental Accounting Standards Board. The framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurement) and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy are as follows: CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 52 3. Detailed Notes on All Funds (Continued) A. Deposits and Investments (Continued) Fair Value Measurements (continued)  Level 1: Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the City has the ability to access.  Level 2: Inputs to the valuation methodology include: o Quoted prices for similar assets or liabilities in active markets o Quoted prices for identical assets or liabilities in inactive markets o Inputs other than quoted prices that are observable for the asset or liability o Inputs that are derived principally from or corroborated by observable market data by correlation or other means. If the asset or liability has a specific (contractual) term, Level 2 input must be observable for substantially the full term of the asset or liability.  Level 3: Inputs to the valuation methodology are unobservable and significant to the fair value measurement. The asset’s or liability’s fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 53 3. Detailed Notes on All Funds (Continued) A. Deposits and Investments (Continued) Fair Value Measurements (continued) The City’s investments within the fair value hierarchy at December 31, 2016 and 2015 were as follows: Assets Measured at Fair Value Level 1 Level 2 Level 3 U.S. Government Securities 1,536,750$ $ 1,536,750$ $ Certificates of Deposit 2,933,500 2,933,500 Municipal Bonds 363,667 363,667 Total 4,833,917$ 2,933,500$ 1,900,417$ $ Assets Measured at Fair Value Level 1 Level 2 Level 3 U.S. Government Securities 1,133,809$ $ 1,133,809$ $ Certificates of Deposit 4,932,107 4,932,107 Municipal Bonds 365,072 365,072 Total 6,430,988$ 4,932,107$ 1,498,881$ $ Fair Value Hierarchy Level As of December 31, 2016 As of December 31, 2015 Fair Value Hierarchy Level CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 54 3. Detailed Notes on All Funds (Continued) B. Due from Other Governmental Units Amounts due from other governmental units as of December 31, 2016 were as follows: Fund Type State of Minnesota Washington County Total General Fund $ 39,274$ 39,274$ Debt Service Fund 4,834 4,834 Water Fund 3,432,302 183 3,432,485 Sewer Fund 1,466 1,466 Storm Sewer Fund 251 251 Total 3,432,302$ 46,008$ 3,478,310$ C. Accounts and Loans Receivable Accounts and loans receivable as of December 31, 2016 are expected to be collected in full. Based upon management's assessment of the creditworthiness of the customers comprising the receivable balance, no allowance for uncollectible accounts is necessary. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 55 3. Detailed Notes on All Funds (Continued) D. Capital Assets Capital asset activity for the City for the year ended December 31, 2016 was as follows: Beginning Ending Governmental Activities Balance Increases Decreases Balance Capital assets, not being depreciated: Land $ 3,453,979 $ $ $ 3,453,979 Construction in progress 2,857,416 2,971,529 1,410,393 4,418,552 Total capital assets, not being depreciated 6,311,395 2,971,529 1,410,393 7,872,531 Capital assets, being depreciated: Buildings 3,533,542 3,533,542 Improvements other than buildings 1,347,650 67,747 1,415,397 Machinery and equipment 3,737,075 130,270 3,867,345 Infrastructure 10,174,623 1,410,393 11,585,016 Total capital assets, being depreciated 18,792,890 1,608,410 20,401,300 Less accumulated depreciation for: Building 884,193 72,408 956,601 Improvements other than buildings 907,981 68,420 976,401 Machinery and equipment 2,127,568 183,605 2,311,173 Infrastructure 2,656,904 617,718 3,274,622 Total accumulated depreciation 6,576,646 942,151 7,518,797 Total capital assets, being depreciated, net 12,216,244 666,259 12,882,503 Governmental activities capital assets, net 18,527,639$ 3,637,788$ 1,410,393$ 20,755,034$ CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 56 3. Detailed Notes on All Funds (Continued) D. Capital Assets (Continued) Beginning Ending Business-Type Activities Balance Increases Decreases Balance Capital assets, not being depreciated: Land $ 248,869 $ $ $ 248,869 Construction in progress 4,193,729 8,207,773 5,375,976 7,025,526 Total capital assets, not being depreciated 4,442,598 8,207,773 5,375,976 7,274,395 Capital assets, being depreciated: Machinery and equipment 300,587 300,587 Infrastructure 22,176,345 5,375,976 27,552,321 Total capital assets, being depreciated 22,476,932 5,375,976 27,852,908 Less accumulated depreciation for: Machinery and equipment 200,075 16,051 216,126 Infrastructure 3,926,620 744,528 4,671,148 Total accumulated depreciation 4,126,695 760,579 4,887,274 Total capital assets, being depreciated, net 18,350,237 4,615,397 22,965,634 Business-type activities capital assets, net 22,792,835$ 12,823,170$ 5,375,976$ 30,240,029$ Certain assets in the City's business-type activities have been partially funded by grants from the State of Minnesota and therefore are considered jointly owned property. In the unlikely event the City would sell these assets, the City would be required to reimburse the State up to the full amount of the grants. Depreciation expense for the year ended December 31, 2016 was charged to functions/programs as follows: Governmental Activities General government 11,471$ Public safety 119,657 Public works 729,004 Culture and recreation 82,019 Total 942,151$ Business-Type Activities Water 612,352$ Sewer 132,265 Storm sewer 15,962 Total 760,579$ CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 57 3. Detailed Notes on All Funds (Continued) E. Long-Term Debt The City issues general obligation bonds to provide funds for economic development and for the acquisition and construction of major capital assets including infrastructure. General obligation bonds have been issued for both governmental and business-type activities. Bonds issued to provide funds for business-type activities are reported in proprietary funds if they are expected to be repaid from proprietary revenues. General obligation bonds are direct obligations and pledge the full faith and credit of the City. General obligation improvement bonds are expected to be repaid, in part, from assessments to the benefited properties. A summary of long-term debt outstanding at December 31, 2016 is as follows: Range of Final Balance Issue Date Interest Rates Maturity 12/31/16 General obligation bonds: 2009B Improvement Bonds 10/1/2009 3.00% - 3.05% 2020 250,000$ 2010A Improvement Bonds 11/15/2010 1.85% - 2.80% 2021 365,000 2010B CIP Crossover Refunding Bonds 11/15/2010 2.00% - 3.20% 2025 1,535,000 2011A Improvement Bonds 10/1/2011 1.25% - 2.30% 2022 525,000 2012B Improvement Bonds 8/16/2012 0.75% - 1.90% 2023 625,000 2013A Improvement Bonds 10/1/2013 2.00% - 3.75% 2028 1,345,000 2014A Improvement Bonds 7/15/2014 2.00% - 3.50% 2030 2,670,000 2015A Improvement Bonds 8/13/2015 2.00% - 3.00% 2031 1,620,000 2016A Improvement Bonds 6/1/2016 2.00% 2027 2,690,000 General obligation revenue bonds: 2009A Refunding Bonds 5/1/2009 3.45% - 3.85% 2021 240,000 2012A Refunding Bonds 8/13/2012 2.00% - 2.50% 2030 3,840,000 2013A Improvement Bonds 10/1/2013 2.00% - 4.00% 2033 3,435,000 2014A Improvement Bonds 7/15/2014 2.00% - 3.50% 2030 3,210,000 2015A Improvement Bonds 8/13/2015 2.00% - 3.00% 2031 1,195,000 2016A Improvement Bonds 6/1/2016 2.00% 2032 6,855,000 Other Liabilities: Compensated Absences 88,123 Post Employment Benefit Obligation 237,241 Unamortized premium 480,485 Less: Unamortized discount (142,522) Total Long-Term Debt 31,063,327$ Liquidation of the compensated absences liability occurs within the department and fund for which the corresponding employees are assigned. The City is subject to statutory limitation by the State of Minnesota for bonded indebtedness payable principally from property taxes. As of December 31, 2016, the City had not utilized approximately $35,930,000 of its net legal debt margin. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 58 3. Detailed Notes on All Funds (Continued) E. Long-Term Debt (Continued) The following is a summary of the changes in long-term debt obligations for the year ended December 31, 2016: Amounts Beginning Ending Due Within Balance Additions Reductions Balance One Year GOVERNMENTAL ACTIVITIES Bonds and Notes Payable: General obligation bonds: 2009A Refunding Bonds 70,000$ $ 70,000$ $ $ 2009B Improvement Bonds 310,000 60,000 250,000 60,000 2010A Improvement Bonds 435,000 70,000 365,000 70,000 2010B CIP Crossover Refunding Bonds 1,685,000 150,000 1,535,000 155,000 2011A Improvement Bonds 610,000 85,000 525,000 85,000 2012B Improvement Bonds 710,000 85,000 625,000 85,000 2013A Improvement Bonds 1,450,000 105,000 1,345,000 105,000 2014A Improvement Bonds 2,850,000 180,000 2,670,000 210,000 2015A Improvement Bonds 1,620,000 1,620,000 140,000 2016A Improvement Bonds 2,690,000 2,690,000 General obligation note payable: Note Payable - Lake Elmo Bank 21,219 21,219 Other Liabilities: Compensated Absences 70,161 90,110 95,648 64,623 48,467 Post Employment Benefit Obligation 174,282 32,137 206,419 Unamortized premium 93,353 102,877 14,438 181,792 Less: Unamortized (discount) (50,262) (14,392) (5,430) (59,224) Governmental Activities Long-Term Liabilities 10,048,753 2,900,732 930,875 12,018,610 958,467 BUSINESS-TYPE ACTIVITIES Bonds and Notes Payable: General obligation revenue bonds: 2009A Refunding Bonds 280,000 40,000 240,000 45,000 2012A Refunding Bonds 4,035,000 195,000 3,840,000 190,000 2013A Improvement Bonds 3,640,000 205,000 3,435,000 205,000 2014A Improvement Bonds 3,385,000 175,000 3,210,000 205,000 2015A Improvement Bonds 1,195,000 1,195,000 60,000 2016A Improvement Bonds 6,855,000 6,855,000 Other Liabilities: Compensated Absences 8,364 44,973 29,837 23,500 17,625 Post Employment Benefit Obligation 24,696 6,126 30,822 Unamortized premium 138,007 173,586 12,900 298,693 Less: Unamortized (discount) (50,523) (36,674) (3,899) (83,298) Business-Type Activities Long-Term Liabilities 12,655,544 7,043,011 653,838 19,044,717 722,625 Total 22,704,297$ 9,943,743$ 1,584,713$ 31,063,327$ 1,681,092$ CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 59 3. Detailed Notes on All Funds (Continued) E. Long-Term Debt (Continued) Debt service requirements to maturity for long-term debt, excluding compensated absences and post employment benefit obligation, as of December 31, 2016 were as follows: Year Principal Interest Principal Interest 2017 910,000$ 267,528$ 705,000$ 457,498$ 2018 1,175,000 240,855 1,145,000 422,505 2019 1,205,000 216,853 1,165,000 399,256 2020 1,230,000 191,308 1,175,000 375,525 2021 1,185,000 165,371 1,185,000 351,212 2022-2026 4,760,000 456,118 6,215,000 1,355,536 2027-2031 1,160,000 60,001 6,240,000 562,101 2032-2033 945,000 30,800 Totals 11,625,000$ 1,598,031$ 18,775,000$ 3,954,431$ General Obligation Improvement Bonds General Obligation Revenue Bonds F. Tax Abatement Agreements The City enters into property tax abatement agreements through the use of tax increment financing districts with local businesses under various Minnesota Statutes. Under these statutes, the City annually abates taxes collected above the districts’ base tax capacity which is established during adoption of the tax increment district. These agreements are established to foster economic development and redevelopment through creating jobs, removing blight and providing affordable housing. The City uses Minnesota Statutes 469.001 to 469.047 and 469.174 to 469.179 (the Tax Increment Act) to create these districts. During the year ended December 31, 2016, the City had one agreement established under Minnesota Statute 469.001 to 469.047 which resulted in property taxes totaling $3,629 being abated. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 60 3. Detailed Notes on All Funds (Continued) F. Interfund Receivables and Payables The following schedule reports the interfund receivables and payables within the City's funds as of December 31, 2016: Due From Due To Other Funds Other Funds Major Governmental Funds: General Fund 200,937$ $ Debt Service 95,605 Infrastructure Reserve 7,032 Subtotal 200,937 102,637 Nonmajor Governmental Funds: City Events 1,144 Village Project 56,760 Subtotal 57,904 Proprietary Funds: Water 795 Sewer 54,305 Storm Sewer 23,915 Subtotal 78,220 795 Internal Service Funds: Radio Replacement 41,740 FFE Replacement 76,081 Subtotal 117,821 Total All Funds 279,157$ 279,157$ Interfund receivables and payables are the result of expenditures of funds prior to the collection of special assessments, property taxes and other revenues. All interfund balances will be repaid as the revenues are collected by the individual funds. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 61 3. Detailed Notes on All Funds (Continued) F. Interfund Receivables and Payables (continued) The City established an interfund loan from the General Fund to the Village Project fund. At December 31, 2016, the outstanding balance was $405,398. The loan carries an interest rate of 4 percent. G. Interfund Transfers The following schedule reports the interfund transfers within the City's funds as of December 31, 2016: Transfers In Transfers Out Major Governmental Funds: Debt Service 143,105$ $ Proprietary Funds: Water 40,427 Sewer 102,678 Total All Funds 143,105$ 143,105$ Transfers are used to move unassigned revenues to finance various programs that the government must account for in other funds in accordance with budgetary authorizations. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 62 3. Detailed Notes on All Funds (Continued) H. Fund Equity In accordance with the requirements of GASB Statement No. 54, below is a schedule of ending fund balances as of December 31, 2016: General Debt Service Infrastructure Reserve Vehicle Acquisition Other Governmental Funds Total Governmental Funds Nonspendable Prepaid items 3,824$ $ $ $ $ 3,824$ Advance to other funds 405,398 405,398 Total Nonspendable 409,222 409,222 Restricted Debt service 3,248,230 3,248,230 Committed Legal reserve 200,000 200,000 Assigned Library 174,540 174,540 City facilities 272,924 272,924 Infrastructure improvements 29,871 8,089 37,960 Park improvements 980,041 980,041 Vehicle acquisition 39,191 39,191 Total Assigned 29,871 39,191 1,435,594 1,504,656 Unassigned 3,279,815 (12,117) (406,052) 2,861,646 Total Fund Balance 3,889,037$ 3,236,113$ 29,871$ 39,191$ 1,029,542$ 8,223,754$ CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 63 4. Other Information A. Risk Management The City is exposed to various risks of loss related to torts: theft of, damage to, or destruction of assets; errors or omissions; injuries to employees; and natural disasters. The City participates in the League of Minnesota Cities Insurance Trust (LMCIT) to provide its general liability and property coverage. The LMCIT is a public entity risk pool currently operating as a common risk management and insurance program for participating Minnesota Cities. All Cities in the LMCIT are jointly and severally liable for all claims and expenses of the pool. The amount of any liability in excess of assets of the pool may be assessed to the participating cities if a deficiency occurs. The City purchases commercial insurance for property values in excess of the LMCIT policy limits and all other risks of loss. Settled claims have not exceeded the LMCIT or commercial coverage in any of the past three fiscal years. Worker's compensation insurance is also purchased through the LMCIT. The worker compensation program is a retrospectively rated contract with premiums or required contributions based primarily on the experience rates of the participating cities. There were no significant reductions in insurance coverage from the previous year or settlements in excess of insurance coverage for any of the past three fiscal years. B. Commitments and Contingencies General Litigation: Although the City is occasionally involved in litigation, management was unaware of any pending lawsuits in which the City was involved as of December 31, 2016. It is the opinion of management that any potential claim regarding any lawsuits against the City would be covered by the liability insurance of the City and that any potential claim against the City would not affect the financial statements. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 64 4. Other Information (Continued) B. Commitments and Contingencies (Continued) Operating Lease: The City is obligated under a lease agreement for office space accounted for as an operating lease. Expenditures under this operating lease for the year ended December 31, 2016 totaled $30,147. The following is a schedule by year of future minimum rental payments required under the lease as of December 31, 2016: Year Ending December 31, Amount 2017 31,992$ 2018 32,301 2019 24,921 Total 89,214$ C. Other Post Employment Benefits Plan Description The City administers a single-employer defined benefit healthcare plan ("the Retiree Health Plan"). The plan provides healthcare insurance for eligible retirees and their spouses through the City's group health insurance plan until Medicare age, which covers both active and retired members. During 2016, there were 20 active participants and no retiree participants. Benefit provisions are established by the Council. The Retiree Health Plan does not issue a publicly available financial report. Funding Policy The City has historically funded these liabilities on a pay-as-you-go basis. Contribution requirements are negotiated between the City and union representatives on a per contract basis. At the present time, no retiree benefits are provided except the allowance to continue health insurance that is mandated by Minnesota Law. The City does not contribute any of the cost of current-year premiums for eligible retired plan members or their spouses. Plan members receiving benefits contribute 100 percent of their premium costs. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 65 4. Other Information (Continued) C. Other Post Employment Benefits (Continued) Annual Other Postemployment Benefit Cost and Net Other Postemployment Benefit Obligations The City's annual other postemployment benefit (OPEB) cost (expense) is calculated based on the annual required contribution of the employer (ARC). The City has elected to calculate the ARC and related information using the alternative measurement method permitted by GASB Statement No. 45 for employers in plans with fewer than one hundred total plan members. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and to amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years. The following table shows the components of the City's annual OPEB cost for the year, the amount actually contributed to the plan, and changes in the City's net OPEB obligation: Annual required contribution 46,247$ Interest on net OPEB obligations 1,347 Adjustment to ARC (9,331) Annual OPEB cost 38,263 Contributions during the year Increase in net OPEB obligation 38,263 Net OPEB, beginning of year 198,978 Net OPEB, ending of year 237,241$ The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for fiscal years ended December 31, 2016, 2015 and 2014 are as follows: Fiscal Year Ended Annual OPEB Cost Percentage Contributed Net OPEB Obligation 12/31/2014 2,484$ 0% 160,187$ 12/31/2015 38,791 0% 198,978 12/31/2016 38,263 0% 237,241 CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 66 4. Other Information (Continued) C. Other Post Employment Benefits (Continued) Funded Status and Funding Progress As of January 1, 2016, the actuarial accrued liability for benefits was $188,502, all of which was unfunded. The covered payroll (annual payroll of active employees covered by the plan) was $1,417,483, and the ratio of the unfunded actuarial accrued liability to the covered payroll was 13.30 percent. The projection of future benefit payments for an ongoing plan involves estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revisions as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. Methods and Assumptions Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations. The projected unit credit cost method was used. The following simplifying assumptions were made: Retirement age for active employees - Based on the historical average retirement age for the covered group, active plan members were assumed to retire at age 63, or at the first subsequent year in which the member would qualify for benefits. In addition, spouses of retired employees were assumed to continue on the plan for the lesser of eighteen months after the retired employee reaches Medicare age or until the spouse reaches Medicare age. Marital status - Marital status of members at the calculation date was assumed to continue throughout retirement. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 67 4. Other Information (Continued) C. Other Post Employment Benefits (Continued) Methods and Assumptions (Continued) Mortality - Life expectancies were based on mortality tables from the National Center for Health Statistics. The 2004 United States Life Tables for Males and Females was used. Turnover - Non-group-specific age-based turnover data from GASB Statement No. 45 were used as the basis for assigning active members a probability of remaining employed until the assumed retirement age and for developing expected future working lifetime assumptions for purposes of allocation to periods the present value of total benefits to be paid. Healthcare cost trend rate - The expected rate of increase in healthcare insurance premiums was based on projections of the Office of the Actuary at the Centers for Medicare & Medicaid Services. A rate of 2.0 percent initially, rising to an ultimate rate of 6.0 percent after six years, was used. Health insurance premiums - 2016 health insurance premiums for retirees were used as the basis for calculation of the present value of total benefits to be paid. Inflation rate - The expected long-term inflation assumption of 4.00 percent was based on projected changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Payroll growth rate - The expected long-term payroll growth rate was assumed to equal the rate of inflation. Based on the historical and expected return of the City's short-term investment portfolio, a discount rate of 3.0 percent was used. In addition, a simplified version of the entry age actuarial cost method was used. The unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on an open basis. The remaining amortization period at December 31, 2016 was thirty years. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 68 4. Other Information (Continued) D. Pension Plans 1. Public Employees Retirement Association (PERA) - Defined Benefit A. Plan Description The City participates in the following cost-sharing multiple-employer defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota (PERA). PERA's defined benefit pension plans are established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. PERA's defined benefit pension plans are tax qualified under Section 401(a) of the Internal Revenue Code. 1. General Employees Retirement Plan (General Employees Plan (accounted for in the General Employees Fund)) – All full-time and certain part-time employees of the City of Lake Elmo are covered by the General Employees Retirement Plan. General Employees Plan members belong to either the Coordinated Plan or the Basic Plan. Coordinated Plan members are covered by Social Security and Basic Plan members are not. The Basic Plan was closed to new members in 1967. All new members must participate in the Coordinated Plan. 2. Public Employees Police and Fire Plan (Police and Fire Plan (accounted for in the Police and Fire Fund)) – The Police and Fire Plan, originally established for police officers and firefighters not covered by a local relief association, now covers all police officers and firefighters hired since 1980. Effective July 1, 1999, the Police and Fire Plan also covers police officers and firefighters belonging to a local relief association that elected to merge with and transfer assets and administration to PERA. Benefits Provided PERA provides retirement, disability and death benefits. Benefit provisions are established by state statute and can only be modified by the state legislature. Benefit increases are provided to benefit recipients each January. Increases are related to the funding ratio of the plan. Members in plans that are at least 90 percent funded for two consecutive years are given 2.5% increases. Members in plans that have not exceeded 90% funded, or have fallen below 80%, are given 1% increases. The benefit provisions stated in the following paragraph of this section are current provisions and apply to active plan participants. Vested, terminated employees who are entitled to benefits but are not receiving them yet are bound by the provisions in effect at the time they last terminated their public service. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 69 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) A. Plan Description (continued) 1. General Employees Plan Benefits General Employees Plan benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at termination of service. Two methods are used to compute benefits for PERA’s Coordinated and Basic Plan members. The retiring member receives the higher of step-rate benefit accrual formula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.2% of average salary for each of the first ten years of service and 2.7% for each remaining year. The annuity accrual rate for a Coordinated Plan member is 1.2% of average salary for each of the first ten years and 1.7% for each remaining year. Under Method 2, the annuity accrual rate is 2.7% of average salary for Basic Plan members and 1.7% for Coordinated Plan members for each year of service. For members hired prior to July 1, 1989, a full annuity is available when age plus years of service equal 90 and normal retirement age is 65. For members hired on or after July 1, 1989, normal retirement age is the age for unreduced Social Security benefits capped at 66. 2. PEPFF Benefits Benefits for Police and Fire Plan members first hired after June 30, 2010, but before July 1, 2014, vest on a prorated basis from 50% after five years up to 100% after ten years of credited service. Benefits for Police and Fire Plan members first hired after June 30, 2014, vest on a prorated basis from 50% after ten years up to 100% after twenty years of credited service. The annuity accrual rate is 3% of average salary for each year of service. For Police and Fire Plan members who were first hired prior to July 1, 1989, a full annuity is available when age plus years of service equal at least 90. B. Contributions Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. Contribution rates can only be modified by the state legislature. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 70 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) B. Contributions (continued) 1. General Employees Fund Contributions Basic Plan members and Coordinated Plan members were required to contribute 9.10% and 6.50%, respectively, of their annual covered salary in calendar year 2016. The City was required to contribute 11.78% of pay for Basic Plan members and 7.50% for Coordinated Plan members in calendar year 2016. The City's contributions to the General Employees Fund for the year ended December 31, 2016 were $85,649. The City's contributions were equal to the required contributions as set by state statute. 2. Police and Fire Fund Contributions Plan members were required to contribute 10.80% of their annual covered salary in calendar year 2016. The City was required to contribute 16.20% of pay for members in calendar year 2016. The City's contributions to the Police and Fire Fund for the year ended December 31, 2016 were $13,967. The City's contributions were equal to the required contributions as set by state statute. C. Pension Costs 1. General Employees Fund Pension Costs At December 31, 2016, the City reported a liability of $1,291,001 for its proportionate share of the General Employees Fund’s net pension liability. The City’s net pension liability reflected a reduction due to the State of Minnesota’s contribution of $6 million to the fund in 2016. The State of Minnesota is considered a non-employer contributing entity and the state’s contribution meets the definition of a special funding situation. The State of Minnesota’s proportionate share of the net pension liability associated with the City totaled $16,853. The net pension liability was measured as of June 30, 2016, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The City's proportion of the net pension liability was based on the City's contributions received by PERA during the measurement period for employer payroll paid dates from July 1, 2015 through June 30, 2016 relative to the total employer contributions received from all of PERA's participating employers. At June 30, 2016, the City's proportion share was .0159% which was a decrease of .001% from its proportion measured as of June 30, 2015. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 71 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) C. Pensions Costs (continued) 1. General Employees Fund Pension Costs (continued) For the year ended December 31, 2016, the City recognized pension expense of $178,937 for its proportionate share of the General Employees Plan’s pension expense. In addition, the City recognized an additional $5,025 as pension expense (and grant revenue) for its proportionate share of the State of Minnesota’s contribution of $6 million to the General Employees Fund. At December 31, 2016, the City reported its proportionate share of the General Employees Plan’s deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows of Resources Deferred Inflows of Resources Differences between expected and actual economic experience $ 106,617$ Changes in actuarial assumptions 252,779 Difference between projected and actual investment earnings 248,717 Changes in proportion 90,542 Contributions paid to PERA subsequent to the measurement date 44,719 Total 546,215$ 197,159$ CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 72 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) C. Pensions Costs (continued) 1. General Employees Fund Pension Costs (continued) $44,719 reported as deferred outflows of resources related to pensions resulting from City contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended December 31, 2017. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: Year ending June 30: Pension Expense Amount 2017 72,383$ 2018 72,383 2019 112,938 2020 46,633 2. Police and Fire Fund Pension Costs At December 31, 2016, the City reported a liability of $361,186 for its proportionate share of the Police and Fire Fund’s net pension liability. The net pension liability was measured as of June 30, 2016, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The City's proportion of the net pension liability was based on the City's contributions received by PERA during the measurement period for employer payroll paid dates from July 1, 2015 through June 30, 2016, relative to the total employer contributions received from all of PERA's participating employers. At June 30, 2016, the City's proportion was .009%, which is unchanged from its proportion measured as of June 30, 2015. The City also recognized $810 for the year ended December 31, 2016 as revenue and an offsetting reduction of net pension liability for its proportionate share of the State of Minnesota’s on-behalf contributions to the Police and Fire Fund. Legislation passed in 2013 required the State of Minnesota to begin contributing $9 million to the Police and Fire Fund each year, starting in fiscal year 2014. For the year ended December 31, 2016, the City recognized pension expense of $61,416 for its proportionate share of the Police and Fire Plan’s pension expense. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 73 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) C. Pensions Costs (continued) 2. Police and Fire Fund Pension Costs (continued) At December 31, 2016, the City reported its proportionate share of the Police and Fire Plan’s deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows of Resources Deferred Inflows of Resources Differences between expected and actual economic experience $ 39,223$ Changes in actuarial assumptions 198,776 Difference between projected and actual investment earnings 55,119 Contributions paid to PERA subsequent to the measurement date 7,561 Total 261,456$ 39,223$ $7,561 reported as deferred outflows of resources related to pensions resulting from City contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended December 31, 2017. Other amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: Year ending June 30: Pension Expense Amount 2017 43,487$ 2018 43,487 2019 49,015 2020 44,561 2021 34,122 CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 74 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) D. Actuarial Assumptions The total pension liability in the June 30, 2016 actuarial valuation was determined using the following actual assumptions: Inflation 2.50% per year Active Member Payroll Growth 3.25% per year Investment Rate of Return 7.50% Salary increases were based on a service-related table. Mortality rates for active members, retirees, survivors and disabilitants were based on RP-2014 tables for the General Employees Plan and RP-2000 tables for the Police and Fire Plan for males or females, as appropriate, with slight adjustments. Cost of living benefit increases for retirees are assumed to be 1% per year for all future years for the General Employees Plan and Police and Fire Plan. Actuarial assumptions used in the June 30, 2016 valuation were based on the result of actuarial experience studies. The most recent four-year experience study in the General Employees Plan was completed in 2015. The experience study for Police and Fire Plan was for the period July 1, 2004 through June 30, 2009. The following changes in actuarial assumptions occurred in 2016: General Employees Fund  The assumed post-retirement benefit increase rate was changed from 1.0% per year through 2035 and 2.5% per year thereafter to 1.0% per year for all future years.  The assumed investment return was changed from 7.9% to 7.5%. The single discount rate was changed from 7.9% to 7.5%.  Other assumptions were changed pursuant to the experience study dated June 30, 2015. The assumed future salary increases, payroll growth, and inflation were decreased by 0.25% to 3.25% for payroll growth and 2.50% for inflation. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 75 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) D. Actuarial Assumptions (continued) Police and Fire Fund  The assumed post-retirement benefit increase rate was changed from 1.0% per year through 2037 and 2.5% thereafter to 1.0% per year for all future years.  The assumed investment return was changed from 7.9% to 7.5%. The single discount rate changed from 7.9% to 5.6%.  The assumed future salary increases, payroll growth, and inflation were decreased by 0.25% to 3.25% for payroll growth and 2.50% for inflation. The State Board of Investment, which manages the investments of PERA, prepares an analysis of the reasonableness of the long-term expected rate of return on a regular basis using a building-block method in which best-estimate ranges of expected future rates of return are developed for each major asset class. These ranges are combined to produce an expected long-term rate of return by weighting the expected future rates of return by the target asset allocation percentages. The target allocation and best estimates of geometric real rates of return for each major asset class are summarized in the following table: Asset Class Target Allocation Long-Term Expected Real Rate of Return Domestic Stocks 45% 5.50% International Stocks 15% 6.00% Bonds 18% 1.45% Alternative Assets 20% 6.40% Cash 2% 0.50% Total 100% CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 76 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) E. Discount Rate The discount rate used to measure the total pension liability in 2016 was 7.50%, a reduction from the 7.90% used in 2015. The projection of cash flows used to determine the discount rate assumed that contributions from plan members and employers will be made at rates set in Minnesota Statutes. Based on these assumptions, the fiduciary net position of the General Employees Fund was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. In the Police and Fire Fund, the fiduciary net position was projected to be available to make all projected future benefit payments of current plan members through June 30, 2056. Beginning in fiscal year ended June 30, 2057, when projected benefit payments exceed the fund’s projected fiduciary net position, benefit payments were discounted at the municipal bond rate of 2.85% based on an index of 20-year general obligation bonds with an average AA credit rating at the measurement date. An equivalent single discount rate of 5.60% was determined that produced approximately the same present value of projected benefits when applied to all years of projected benefits as the present value of projected benefits using 7.50% applied to all years of projected benefits through the point of asset depletion and 2.85% after. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 77 4. Other Information (Continued) D. Pension Plans (Continued) 1. Public Employees Retirement Association (PERA) - Defined Benefit (Continued) F. Pension Liability Sensitivity The following presents the City's proportionate share of the net pension liability for all plans it participates in, calculated using the discount rate disclosed in the preceding paragraph, as well as what the City's proportionate share of the net pension liability would be if it were calculated using a discount rate 1 percentage point lower or 1 percentage point higher than the current discount rate: 1% Higher 6.50% 1,833,604$ 4.60% 505,612$ Current Discount Rate 7.50% 1,291,001 5.60% 361,186 1% Lower 8.50% 844,044 6.60% 243,178 General Employees Fund Police and Fire Fund Sensitivity of Net Pension Liability at Current Single Discount Rate G. Pension Plan Fiduciary Net Position Detailed information about each pension plan's fiduciary net position is available in a separately-issued PERA financial report that includes financial statements and required supplementary information. That report may be obtained on the Internet at www.mnpera.org. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 78 4. Other Information (Continued) D. Pension Plans (Continued) 2. Lake Elmo Firefighter's Relief Association A. Plan Description The Lake Elmo Firefighter's Relief Association administers a single-employer defined benefit pension plan (FRA plan) available to volunteer firefighters. As of December 31, 2016, the plan covered 19 active firefighters and 5 vested terminated firefighters whose pension benefits are deferred. The plan was established and is administered in accordance with Minnesota Statutes, Chapters 69 and 424A. The December 31, 2016 information is the latest reported for this Plan. B. Benefits Provided Volunteer firefighters for the City are members of the Lake Elmo Firefighter's Relief Association. Association members are eligible to receive a lump sum benefit after 20 years of service with a minimum retirement age of 50. Currently retirees receive a benefit of $3,400 for every year of service. These benefit provisions and all other requirements are consistent with State statutes. Volunteers of the fire department are not required to contribute to the relief association. Members with 10 years of service receive partial vesting at 60% of the 20-year rate and 4% added for every one year of service beyond ten years up to 20 years. C. Contributions The Plan is funded by fire state aid, investment earnings and, if necessary, employer contributions as specified in Minnesota statutes, and voluntary City contributions. The State of Minnesota contributed $59,136 in state aid to the plan on behalf of the Association for the year ended December 31, 2016. This contribution was recorded as a revenue and an expenditure in the City's general fund. The City levies property taxes for the benefit of the Association and passes through state aids allocated to the plan, all in accordance with State statutes. During 2016, at the Association's direction, the City did not levy any property taxes to be paid to the Association. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 79 4. Other Information (Continued) D. Pension Plans (Continued) 2. Lake Elmo Firefighter's Relief Association (Continued) D. Pension Costs At December 31, 2016, the City reported a net pension asset of $456,915 for the plan. The net pension asset was measured as of December 31, 2016. The total pension liability used to calculate the net pension asset in accordance with GASB 68 was determined by applying an actuarial formula to specific census data certified by the fire department as of December 31, 2016. The following table presents the changes in net pension liability during the year. Total Pension Liability (a) Plan Fiduciary Net Position (b) Net Pension Liability (Asset) (a-b) Beginning Balance 12/31/15 588,689$ 963,628$ (374,939)$ Changes for the Year Service cost 27,579 27,579 Interest on pension liability 36,976 36,976 Assumption changes 11,690 11,690 Net investment income (46,403) 70,101 (116,504) Contributions (employer) Contributions (state) 59,136 (59,136) Benefit payouts Administrative expenses (17,419) 17,419 Net Changes 29,842 111,818 (81,976) Balance End of Year 12/31/16 618,531$ 1,075,446$ (456,915)$ For the year ended December 31, 2016, the City did not recognize pension expense related to the FRA plan. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 80 4. Other Information (Continued) D. Pension Plans (Continued) 2. Lake Elmo Firefighter's Relief Association (Continued) D. Pension Costs (continued) At December 31, 2016, the Association reported deferred inflows of resources and deferred outflows of resources related to pensions from the following sources: Deferred Outflows of Resources Deferred Inflows of Resources Difference between projected and actual investment earnings 106,145$ $ Total 106,145$ $ Amounts reported as deferred outflows and inflows of resources related to pensions will be recognized in pension expense as follows: Year ending June 30: Pension Expense Amount 2017 27,831$ 2018 27,831 2019 27,830 2020 22,653 E. Actuarial Assumptions The total pension liability at December 31, 2016 was determined using the entry age normal actuarial cost method and the following actuarial assumptions:  Retirement eligibility at the later of age 50 or 20 years of service  Investment rate of return of 5.50%  Inflation rate 4.0% During 2016, the investment rate of return decreased from 6.00% to 5.50%. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 81 4. Other Information (Continued) D. Pension Plans (Continued) 2. Lake Elmo Firefighter's Relief Association (Continued) F. Discount Rate The discount rate used to measure the total pension liability was 5.50%. The projection of cash flows used to determine the discount rate assumed that contributions to the FRA plan will be made as specified in statute. Based on that assumption and considering the funding ratio of the plan, the fiduciary net position was projected to be available to make all projected future benefit payments of current active and inactive members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. G. Pension Liability Sensitivity The following presents the City's net pension asset for the Association's plan, calculated using the discount rate disclosed in the preceding paragraph, as well as what the City's net pension asset would be if it were calculated using a discount rate 1% lower or 1% higher than the current discount rate: 1% Decrease in Discount Rate (4.50%) Discount Rate (5.50%) 1% Increase in Discount Rate (6.50%) Net pension liability (asset) (432,549)$ (456,915)$ (479,967)$ H. Plan Investments 1. Investment Policy All investments undertaken by the plan are governed by the prudent person rule and other standards codified in Minnesota Statutes, Chapter 11A and Chapter 356A. Within the requirements defined by state law, the Plan establishes investment policy for all funds under its control. These investment policies are tailored to the particular needs of each fund and specify investment objectives, risk tolerance, asset allocation, investment management structure and specific performance standards. Studies guide the ongoing management of the funds and are updated periodically. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 82 4. Other Information (Continued) D. Pension Plans (Continued) 2. Lake Elmo Firefighter's Relief Association (Continued) 2. Asset Allocation The long-term target asset allocation and long-term expected real rate of return of the Plan's assets is as follows: Asset Class Target Allocation Long-Term Expected Real Rate of Return Cash 17.00% 2.25% Fixed income 28.00% 3.30% Equities 54.00% 7.50% Other 1.00% 6.00% Total 100% 5.50% The long-term return on assets has been set based on the plan's target investment allocation along with long-term return expectations by asset class. When there is sufficient historical evidence of market outperformance, historical average returns may be considered. 3. Description of significant investment policy changes during the year The Plan made no significant changes to their investment policy during the year. I. Pension Plan Fiduciary Net Position Detailed information about the Lake Elmo Firefighter's Relief Association plan's fiduciary net position as of December 31, 2016 is available in a separately-issued financial report that includes financial statements and required supplementary information. That report may be obtained by contacting the Finance Director for the City of Lake Elmo. CITY OF LAKE ELMO, MINNESOTA NOTES TO FINANCIAL STATEMENTS (CONTINUED) 83 5. Implementation of New Accounting Principles The City adopted the provisions of Governmental Accounting Standards Board Statement No. 72, Fair Value Measurement and Application. This statement generally requires investments to be measured at fair value and requires disclosures to be made about fair value measurements including the level of hierarchy and the valuation techniques utilized by the City. The City adopted the provisions of Governmental Accounting Standards Board Statement No. 76, Hierarchy of Generally Accepted Accounting Principles of the State and Local Governments. This statement established the order and priority of pronouncements and other sources of accounting and financial reporting guidance that governments should apply. This statement did not impact the preparation of these financial statements. The City adopted the provisions of Governmental Accounting Standards Board Statement No. 77, Tax Abatement Disclosures. This statement requires the disclosure of information related to tax abatement agreements entered into by the City, such as the financial statement impact, amount of taxes the City has promised to forego, and commitments made under the agreements. The City adopted the provisions of Governmental Accounting Standards Board Statement No. 82, Pension Issues – an Amendment of GASB Statements No. 67, No. 68, No. 73. The objective of this statement is to improve consistency in the application of pension accounting and financial reporting requirements by addressing certain issues that have been raised during implementation of the three standards listed above. One of the significant changes included in this statement clarifies the presentation of covered payroll in the required supplementary information to reflect the amount of payroll on which contributions made to the pension plan are based. 6. Subsequent Event In June 2017, the City issued 2017A General Obligation Bonds in the amount of $9,045,000. The proceeds of the bonds will be used to finance an improvement project, the purchase of equipment, a sewer project, a water project, a storm water project, and to pay costs associated with issuance of the bonds. CITY OF LAKE ELMO, MINNESOTA REQUIRED SUPPLEMENTAL INFORMATION December 31, 2016 This Page Left Blank Intentionally 84 Year Ended December 31 Statutorily Required Contribution (a) Contributions in Relation to Statutorily Required Contribution (b) Contribution Deficiency (Excess) (a-b) Covered Employee Payroll (d) Contributions as a Percentage of Covered Payroll (b/d) 2014 73,182$ 73,182$ $ 1,009,407$ 7.2% 2015 70,582 70,582 941,092 7.5% 2016 85,649 85,649 1,141,987 7.5% 2017 2018 2019 2020 2021 2022 2023 Year Ended December 31 Statutorily Required Contribution (a) Contributions in Relation to Statutorily Required Contribution (b) Contribution Deficiency (Excess) (a-b) Covered Employee Payroll (d) Contributions as a Percentage of Covered Payroll (b/d) 2014 13,035$ 13,035$ $ 85,195$ 15.3% 2015 14,257 14,257 88,005 16.2% 2016 13,967 13,967 86,216 16.2% 2017 2018 2019 2020 2021 2022 2023 PERA Public Employees Police and Fire Plan December 31, 2016 CITY OF LAKE ELMO, MINNESOTA Schedule of City Contributions PERA General Employees Retirement Plan December 31, 2016 Schedule of City Contributions Note: These schedules are intended to provide information for ten years. The City will include that information as it becomes available. 85 Fiscal Year Ended June 30 Proportionate (Percentage) of Net Pension Liability (Asset) Proportionate Share (Amount) of the Net Pension Liability (Asset) (a) Covered- Employee Payroll (b) Proportionate Share (Amount) of the Net Pension Liability (Asset) as a Percentage of its Covered Employee Payroll (a/b) Plan Fiduciary Net Position as a Percentage of the Total Pension Liability 2014 0.0191% 897,222$ 1,009,407$ 88.9% 78.7% 2015 0.0169% 875,846 941,092 93.1% 78.2% 2016 0.0159% 1,291,001 1,141,987 113.0% 68.9% 2017 2018 2019 2020 2021 2022 2023 Fiscal Year Ended June 30 Proportionate (Percentage) of Net Pension Liability (Asset) Proportionate Share (Amount) of the Net Pension Liability (Asset) (a) Covered- Employee Payroll (b) Proportionate Share (Amount) of the Net Pension Liability (Asset) as a Percentage of its Covered Employee Payroll (a/b) Plan Fiduciary Net Position as a Percentage of the Total Pension Liability 2014 0.0090% 97,204$ 85,195$ 114.1% 87.1% 2015 0.0090% 102,261 88,005 116.2% 86.6% 2016 0.0090% 361,186 86,216 418.9% 63.9% 2017 2018 2019 2020 2021 2022 2023 PERA Public Employees Police and Fire Plan December 31, 2016 CITY OF LAKE ELMO, MINNESOTA Schedule of Proportionate Share of Net Pension Liability PERA General Employees Retirement Plan December 31, 2016 Schedule of Proportionate Share of Net Pension Liability Note: These schedules are intended to provide information for ten years. The City will include that information as it becomes available. 86 CITY OF LAKE ELMO, MINNESOTA Schedule of Funding Progress for the Fire Relief Association December 31, 2016 Actuarial Valuation Date Actuarial Accrued Liability (AAL) Valuation of Plan Assets (a) Actuarial Valuation of Plan Assets (b) Net Pension Liability (Asset) (a-b) 12/31/16 618,531$ 1,075,446$ (456,915)$ 12/31/15 588,689 963,628 (374,939) CITY OF LAKE ELMO, MINNESOTA Schedule of Employer Contributions for the Fire Relief Association December 31, 2016 2016 2015 Actuarially determined contributions $ $ Actual contributions paid Contributions deficiency (excess) $ $ 87 CITY OF LAKE ELMO, MINNESOTA SCHEDULE OF FUNDING PROGRESS - OTHER POST EMPLOYMENT BENEFITS For the Year Ended December 31, 2016 Actuarial valuations are provided every one to three years unless events occur (e.g. plan changes, layoffs, etc.) that would materially impact results. See Note 4C in the Notes to Financial Statements for more details on this schedule. Actuarial Valuation Date Actuarial Value of Assets Actuarial Accrued Liability Unfunded Actuarial Accrued Liability Funded Ratio Covered Payroll UAAL as a Percentage of Covered Payroll 1/1/2009 $ 112,761$ 112,761$ 0% 892,528$ 12.63% 1/1/2012 101,981 101,981 0% 932,540 10.94% 1/1/2013 293,220 293,220 0% 913,884 32.09% 1/1/2014 204,437 204,437 0% 1,022,592 19.99% 1/1/2015 186,284 186,284 0% 1,041,665 17.88% 1/1/2016 188,502 188,502 0% 1,417,483 13.30% CITY OF LAKE ELMO, MINNESOTA COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES December 31, 2016 88 Special Revenue Capital Projects Total ASSETS Cash and investments 249,780$ 1,392,769$ 1,642,549$ TOTAL ASSETS 249,780$ 1,392,769$ 1,642,549$ LIABILITIES AND FUND BALANCE LIABILITIES Accounts payable 71,225$ $ 71,225$ Accrued liabilities 3,480 3,480 Due to other funds 1,144 56,760 57,904 Advances from other funds 405,398 405,398 Escrow deposits payable 75,000 75,000 Total liabilities 75,849 537,158 613,007 FUND BALANCE (DEFICIT) Nonspendable Assigned 174,540 1,261,054 1,435,594 Unassigned (609) (405,443) (406,052) Total Fund Balance (Deficit) 173,931 855,611 1,029,542 TOTAL LIABILITIES AND FUND BALANCE 249,780$ 1,392,769$ 1,642,549$ CITY OF LAKE ELMO, MINNESOTA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS December 31, 2016 89 Special Revenue Capital Projects Total REVENUES Taxes 256,957$ $ 256,957$ Dedication fees 171,708 171,708 Refunds and reimbursements 21,390 21,390 Investment earnings 944 6,358 7,302 Miscellaneous revenue 13,586 13,586 TOTAL REVENUES 271,487 199,456 470,943 EXPENDITURES Current Culture and recreation 331,901 331,901 Capital Outlay Culture and recreation 146,441 146,441 TOTAL EXPENDITURES 331,901 146,441 478,342 Net change in fund balances (60,414) 53,015 (7,399) FUND BALANCES, Beginning 234,345 802,596 1,036,941 FUND BALANCES, Ending 173,931$ 855,611$ 1,029,542$ CITY OF LAKE ELMO, MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS For the Year Ended December 31, 2016 90 City Events (204) Library (206)Total ASSETS Cash and investments 535$ 249,245$ 249,780$ TOTAL ASSETS 535$ 249,245$ 249,780$ LIABILITIES AND FUND BALANCE LIABILITIES Accounts payable $ 71,225$ 71,225$ Due to other funds 1,144 1,144 Accrued liabilities 3,480 3,480 Total liabilities 1,144 74,705 75,849 FUND BALANCE (DEFICIT) Assigned 174,540 174,540 Unassigned (609) (609) Total fund balance (deficit) (609) 174,540 173,931 TOTAL LIABILITIES AND FUND BALANCE (DEFICIT)535$ 249,245$ 249,780$ CITY OF LAKE ELMO, MINNESOTA COMBINING BALANCE SHEET NONMAJOR SPECIAL REVENUE FUNDS December 31, 2016 91 City Events (204) Library (206)Total REVENUES Taxes $ 256,957$ 256,957$ Investment earnings 3 941 944 Miscellaneous revenue 532 13,054 13,586 TOTAL REVENUES 535 270,952 271,487 EXPENDITURES Current Culture and recreation 331,901 331,901 Net change in fund balances 535 (60,949) (60,414) FUND BALANCES, Beginning (1,144) 235,489 234,345 FUND BALANCES (DEFICIT), Ending (609)$ 174,540$ 173,931$ CITY OF LAKE ELMO, MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR SPECIAL REVENUE FUNDS For the Year Ended December 31, 2016 92 Park Dedication (404) City Facilities (411) Village Project (413) ASSETS Cash and investments 980,041$ 272,924$ 61,612$ TOTAL ASSETS 980,041$ 272,924$ 61,612$ LIABILITIES AND FUND BALANCE LIABILITIES Due to other funds $ $ 56,760$ Advances from other funds 405,398 Escrow deposits payable Total liabilities 462,158 FUND BALANCE (DEFICIT) Assigned 980,041 272,924 Unassigned (400,546) Total fund balance (deficit) 980,041 272,924 (400,546) TOTAL LIABILITIES AND FUND BALANCE 980,041$ 272,924$ 61,612$ CITY OF LAKE ELMO, MINNESOTA COMBINING BALANCE SHEET NONMAJOR CAPITAL PROJECT FUNDS December 31, 2016 93 Manning Avenue/Hwy 36 (414) Washington County Downtown Project (422)Total 70,103$ 8,089$ 1,392,769$ 70,103$ 8,089$ 1,392,769$ $ $ 56,760$ 405,398 75,000 75,000 75,000 537,158 8,089 1,261,054 (4,897) (405,443) (4,897) 8,089 855,611 70,103$ 8,089$ 1,392,769$ 94 Park Dedication (404) City Facilities (411) Village Project (413) REVENUES Dedication fees 171,708$ $ $ Refunds and reimbursements 21,390 Investment earnings (loss) 4,509 1,255 233 TOTAL REVENUES 176,217 1,255 21,623 EXPENDITURES Capital Outlay Culture and recreation 146,441 Net change in fund balances 29,776 1,255 21,623 FUND BALANCES (DEFICIT), Beginning 950,265 271,669 (422,169) FUND BALANCES (DEFICIT), Ending 980,041$ 272,924$ (400,546)$ CITY OF LAKE ELMO, MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR CAPITAL PROJECT FUNDS For the Year Ended December 31, 2016 95 Manning Avenue/Hwy 36 (414) Washington County Downtown Project (422)Total $ $ 171,708$ 21,390 323 38 6,358 323 38 199,456 146,441 323 38 53,015 (5,220) 8,051 802,596 (4,897)$ 8,089$ 855,611$ 96 Radio Replacement (701) IT Replacement (702) FFE Replacement (703) Total ASSETS Noncurrent Assets Property and Equipment Machinery and equipment 168,854$ 95,355$ 390,483$ 654,692$ Less: Accumulated depreciation 79,506 77,095 325,720 482,321 Net Property and Equipment 89,348 18,260 64,763 172,371 TOTAL ASSETS 89,348$ 18,260$ 64,763$ 172,371$ LIABILITIES AND NET POSITION Current Liabilities Due to other funds 41,740$ $ 76,081$ 117,821$ Net Position Net investment in capital assets 89,348 18,260 64,763 172,371 Unrestricted (41,740) (76,081) (117,821) Total Net Position 47,608 18,260 (11,318) 54,550 TOTAL LIABILITIES AND NET POSITION 89,348$ 18,260$ 64,763$ 172,371$ CITY OF LAKE ELMO, MINNESOTA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS December 31, 2016 97 Radio Replacement (701) IT Replacement (702) FFE Replacement (703) Total Operating Expenses Depreciation 9,471$ 4,654$ 10,505$ 24,630$ Net (Loss) (9,471) (4,654) (10,505) (24,630) Net Position, Beginning of Year 57,079 22,914 (813) 79,180 Net Position, End of Year 47,608$ 18,260$ (11,318)$ 54,550$ CITY OF LAKE ELMO, MINNESOTA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION INTERNAL SERVICE FUNDS For the Year Ended December 31, 2016 98 Radio Replacement (701) IT Replacement (702) FFE Replacement (703) Total Cash Flows From Noncapital Financing Activities Increase in due to other funds 41,740$ $ $ 41,740$ Cash Flows From Capital and Related Financing Activities Acquisition of capital assets (69,003) (69,003) Net Increase (Decrease) in Cash and Cash Equivalents (27,263) (27,263) Cash and Cash Equivalents, Beginning of Year 27,263 27,263 Cash and Cash Equivalents, End of Year $ $ $ $ RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Operating (loss) (9,471)$ (4,654)$ (10,505)$ (24,630)$ Adjustments to reconcile operating income to net cash provided by operating activities Depreciation 9,471 4,654 10,505 24,630 Net Cash Provided By (Used In) Operating Activities $ $ $ $ CITY OF LAKE ELMO, MINNESOTA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS For the Year Ended December 31, 2016 This Page Left Blank Intentionally 99 2002 GO Improvement Bonds (312) 2006A GO Equipment Certificates (314) 2009A GO Refunding Bonds (315) 2009B GO Improvement Bonds (316) 2010A GO Improvement Bonds (317) ASSETS Cash and investments 475$ 29,544$ $ 106,002$ 114,650$ Receivables (Net of allowance for uncollectibles) Special assessments 23,665 40,400 Due from other governmental units 121 TOTAL ASSETS 475$ 29,544$ $ 129,788$ 155,050$ LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE LIABILITIES Accounts payable $ $ $ $ $ Due to other funds 1,002 Total liabilities 1,002 DEFERRED INFLOWS OF RESOURCES Unavailable revenue: Special assessments 23,665 40,400 Total deferred inflows of resources 23,665 40,400 FUND BALANCE (DEFICIT) Restricted 475 29,544 106,123 114,650 Unassigned (1,002) Total fund balance (deficit) 475 29,544 (1,002) 106,123 114,650 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE 475$ 29,544$ $ 129,788$ 155,050$ CITY OF LAKE ELMO, MINNESOTA COMBINING BALANCE SHEET DEBT SERVICE FUNDS December 31, 2016 100 2010B GO CIP Bonds (318) 2011A GO Improvement Bonds (319) 2012B GO Improvement Bonds (321) 2013A GO Improvement Bonds (322) 2014A GO Improvement Bonds (323) 2015A GO Improvement Bonds (324) 2016A GO Improvement Bonds (326)Total 126,551$ 301,350$ 6,061$ 1,597,733$ 762,457$ 41,149$ 240,912$ 3,326,884$ 39,920 119,700 28,560 565,065 371,860 1,189,170 4,713 4,834 126,551$ 341,270$ 125,761$ 1,626,293$ 1,332,235$ 41,149$ 612,772$ 4,520,888$ $ $ $ $ $ $ $ $ 17,176 77,427 95,605 17,176 77,427 95,605 39,920 119,700 28,560 565,065 371,860 1,189,170 39,920 119,700 28,560 565,065 371,860 1,189,170 126,551 301,350 1,520,306 767,170 41,149 240,912 3,248,230 (11,115) (12,117) 126,551 301,350 (11,115) 1,520,306 767,170 41,149 240,912 3,236,113 126,551$ 341,270$ 125,761$ 1,626,293$ 1,332,235$ 41,149$ 612,772$ 4,520,888$ 101 2002 GO Improvement Bonds (312) 2006A GO Equipment Certificates (314) 2009A GO Refunding Bonds (315) 2009B GO Improvement Bonds (316) 2010A GO Improvement Bonds (317) REVENUES Taxes $ $ $ 49,598$ 59,043$ Intergovernmental 72,100 Special assessments 7,463 10,507 Investment earnings 2 136 489 528 TOTAL REVENUES 2 136 72,100 57,550 70,078 EXPENDITURES Debt Service Principal 70,000 60,000 70,000 Interest and other charges 5,177 8,163 9,550 TOTAL EXPENDITURES 75,177 68,163 79,550 Excess (deficiency) of revenues over (under) expenditures 2 136 (3,077) (10,613) (9,472) OTHER FINANCING SOURCES (USES) Transfers Net change in fund balances 2 136 (3,077) (10,613) (9,472) FUND BALANCES (DEFICIT), Beginning 473 29,408 2,075 116,736 124,122 FUND BALANCES (DEFICIT), Ending 475$ 29,544$ (1,002)$ 106,123$ 114,650$ CITY OF LAKE ELMO, MINNESOTA COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES DEBT SERVICE FUNDS For the Year Ended December 31, 2016 102 2010B GO CIP Bonds (318) 2011A GO Improvement Bonds (319) 2012B GO Improvement Bonds (321) 2013A GO Improvement Bonds (322) 2014A GO Improvement Bonds (323) 2015A GO Improvement Bonds (324) 2016A GO Improvement Bonds (326)Total 205,860$ 75,485$ 62,926$ $ 211,628$ $ $ 664,540$ 72,100 8,175 23,904 483,548 123,922 239,804 897,323 583 1,386 28 7,351 3,509 189 1,108 15,309 206,443 85,046 86,858 490,899 339,059 189 240,912 1,649,272 150,000 85,000 85,000 105,000 180,000 805,000 42,603 10,296 9,751 38,105 68,838 33,289 225,772 192,603 95,296 94,751 143,105 248,838 33,289 1,030,772 13,840 (10,250) (7,893) 347,794 90,221 (33,100) 240,912 618,500 143,105 143,105 13,840 (10,250) (7,893) 490,899 90,221 (33,100) 240,912 761,605 112,711 311,600 (3,222) 1,029,407 676,949 74,249 2,474,508 126,551$ 301,350$ (11,115)$ 1,520,306$ 767,170$ 41,149$ 240,912$ 3,236,113$ 103 Variance with Final Budget Favorable Original Final Actual (Unfavorable) REVENUES Investment earnings $ $ 3$ 3$ Miscellaneous revenue 532 532 TOTAL REVENUES 535 535 EXPENDITURES Current Culture and recreation Net change in fund balances 535 535 FUND BALANCES, Beginning (1,144) (1,144) (1,144) FUND BALANCES, Ending (1,144)$ (1,144)$ (609)$ 535$ Note: The City adopted a $0 activity budget in this fund for the year ended December 31, 2016. Budgeted Amounts CITY OF LAKE ELMO, MINNESOTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL CITY EVENTS SPECIAL REVENUE FUND For the Year Ended December 31, 2016 104 Variance with Final Budget Favorable Original Final Actual (Unfavorable) REVENUES Taxes 256,957$ 256,957$ 256,957$ $ Investment earnings 941 941 Miscellaneous revenue 13,054 13,054 TOTAL REVENUES 256,957 256,957 270,952 13,995 EXPENDITURES Current Culture and recreation 256,957 256,957 331,901 (74,944) Net change in fund balances (60,949) (60,949) FUND BALANCES, Beginning 235,489 235,489 235,489 FUND BALANCES, Ending 235,489$ 235,489$ 174,540$ (60,949)$ Budgeted Amounts CITY OF LAKE ELMO, MINNESOTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL LIBRARY SPECIAL REVENUE FUND For the Year Ended December 31, 2016 105 Balance Balance January 1 Additions Deletions December 31 ESCROW ASSETS Cash and investments 1,827,298$ 2,062,165$ 1,494,809$ 2,394,654$ LIABILITIES Accounts payable 99,952$ 1,403,507$ 1,438,647$ 64,812$ Deposits payable 1,727,346 2,155,295 1,552,799 2,329,842 TOTAL LIABILITIES 1,827,298$ 3,558,802$ 2,991,446$ 2,394,654$ YELLOW RIBBON ASSETS Cash and investments (128)$ $ $ (128)$ Accounts receivable 128 128 TOTAL ASSETS $ $ $ $ TOTAL AGENCY FUNDS ASSETS Cash and investments 1,827,170$ 2,062,165$ 1,494,809$ 2,394,526$ Accounts receivable 128 128 TOTAL ASSETS 1,827,298$ 2,062,165$ 1,494,809$ 2,394,654$ LIABILITIES Accounts payable 99,952$ 1,403,507$ 1,438,647$ 64,812$ Deposits payable 1,727,346 2,155,295 1,552,799 2,329,842 TOTAL LIABILITIES 1,827,298$ 3,558,802$ 2,991,446$ 2,394,654$ CITY OF LAKE ELMO, MINNESOTA COMBINING STATEMENT OF CHANGES IN ASSETS AND LIABILITIES AGENCY FUNDS For the Year Ended December 31, 2016 106 Total (1) SOURCES 3,432,302$ USES** Inwood Avenue trunk watermain construction 953,584$ Inwood Avenue booster station construction 775,000 Inwood Avenue water tower construction 1,703,718 TOTAL USES 3,432,302$ (1) Redevelopment Grant Program SPAP-14-0007-P-FY14 ** Amounts expended for grant purposes are recorded under the full accrual method in the proprietary funds and therefore were recorded as a noncurrent asset (property and equipment) rather than current period expenses. CITY OF LAKE ELMO, MINNESOTA REDEVELOPMENT GRANT PROGRAM Supplemental Schedule of Sources and Uses For the Year Ended December 31, 2016 This Page Left Blank Intentionally CITY OF LAKE ELMO, MINNESOTA STATISTICAL SECTION (UNAUDITED) December 31, 2016 This part of the City's comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures and required supplementary information says about the City's overall financial health. Content Page Financial Trends These schedules contain trend information to help the reader understand how the City's financial performance and well-being have changed over time. 107 Revenue Capacity These schedules contain information to help the reader assess the City's most significant local revenue source, the property tax. 117 Debt Capacity These schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future. 124 Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place. 132 Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the City's financial report relates to the services the City provides and the activities it performs. 134 Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year. The City implemented GASB Statement 34 in 2004; schedules presenting government-wide information include information beginning in that year. 107 CITY OF LAKE ELMO, MINNESOTA NET POSITION BY COMPONENT LAST TEN FISCAL YEARS (Accrual Basis of Accounting) 2016 2015 2014 2013 Net investment in capital assets 9,032,535$ 8,723,329$ 7,957,840$ 9,056,353$ Restricted 4,704,133 3,446,142 1,106,200 1,225,849 Unrestricted 4,136,292 3,942,646 5,405,920 4,593,463 Total governmental activities net position 17,872,960$ 16,112,117$ 14,469,960$ 14,875,665$ Business-type activities Net investment in capital assets 12,506,474$ 10,170,351$ 10,567,418$ 6,855,807$ Restricted 1,473,164 1,876,119 2,387,312 2,612,569$ Unrestricted 6,400,375 3,577,285 1,100,422 1,846,681 Total business-type activities net position 20,380,013$ 15,623,755$ 14,055,152$ 11,315,057$ Primary government Net investment in capital assets 21,539,009$ 18,893,680$ 18,525,258$ 15,912,160$ Restricted 6,177,297 5,322,261 3,493,512 3,838,418 Unrestricted 10,536,667 7,519,931 6,506,342 6,440,144 Total primary government net position 38,252,973$ 31,735,872$ 28,525,112$ 26,190,722$ NOTE: The City adopted GASB Statement No. 65 in 2013. Amounts in this schedule prior to 2012 have not been restated for GASB Statement No. 65. The City adopted GASB Statements No. 68 and 71 in 2015. Amounts in this schedule prior to 2015 have not been restated for GASB Statements No. 68 and 71. Governmental activities Fiscal Year 108 Schedule 1 201220112010200920082007 8,782,840$ 8,553,984$ 8,368,479$ 7,983,822$ 7,151,543$ 5,648,702$ 4,205,247 2,664,689 2,057,467 1,399,968 718,617 711,966 918,996 2,555,596 3,439,106 3,824,156 4,698,858 5,139,270 13,907,083$ 13,774,269$ 13,865,052$ 13,207,946$ 12,569,018$ 11,499,938$ 6,788,377$ 6,422,782$ 6,713,292$ 6,644,334$ 6,181,055$ 5,617,960$ 39,153$ 1,105,847 1,449,340 1,193,509 1,056,968 951,793 1,080,666 7,933,377$ 7,872,122$ 7,906,801$ 7,701,302$ 7,132,848$ 6,698,626$ 15,571,217$ 14,976,766$ 15,081,771$ 14,628,156$ 13,332,598$ 11,266,662$ 4,244,400 2,664,689 2,057,467 1,399,968 718,617 711,966 2,024,843 4,004,936 4,632,615 4,881,124 5,650,651 6,219,936 21,840,460$ 21,646,391$ 21,771,853$ 20,909,248$ 19,701,866$ 18,198,564$ 109 CITY OF LAKE ELMO, MINNESOTA CHANGES IN NET POSITION LAST TEN FISCAL YEARS (Accrual Basis of Accounting) 2016 2015 2014 2013 Expenses Governmental activities: General government 1,358,370$ 1,134,132$ 1,072,888$ 1,103,337$ Public safety 1,308,360 1,344,282 1,530,609 1,277,798 Public works 1,698,566 1,377,969 1,032,426 1,273,977 Culture and recreation 660,947 639,006 448,361 424,687 Interest on long-term debt 178,266 215,611 165,028 133,694 Total governmental activities expenses 5,204,509 4,711,000 4,249,312 4,213,493 Business-Type activities: Water 1,409,832 1,363,043 1,069,511 958,870 Sewer 380,650 250,866 353,438 119,370 Storm sewer 150,302 103,536 149,887 86,989 Total business-type activities expenses 1,940,784 1,717,445 1,572,836 1,165,229 Total primary government expenses 7,145,293$ 6,428,445$ 5,822,148$ 5,378,722$ Program Revenues Governmental activities: Charges for services: General government 51,009$ 42,706$ 45,161$ 32,778$ Public safety 1,752,522 866,708 496,916 414,472 Public works 3,615 2,647 Culture and recreation 26,214 10,753 17,000 Operating grants and contributions 235,214 249,094 204,462 208,276 Capital grants and contributions 1,452,469 2,038,940 557,601 1,364,622 Total governmental activities program revenues 3,491,214 3,227,277 1,314,893 2,039,795 Business-type activities: Charges for services: Water 1,801,228 1,850,240 1,291,091 596,421 Sewer 1,315,948 1,523,067 741,054 53,142 Storm sewer 213,233 229,252 214,915 191,087 Operating grants and contributions Capital grants and contributions 3,464,567 1,159,222 3,781,528 Total business-type activities program revenues 6,794,976 3,602,559 3,406,282 4,622,178 Total primary government program revenues 10,286,190$ 6,829,836$ 4,721,175$ 6,661,973$ Fiscal Year 110 Schedule 2 2012 2011 2010 2009 2008 2007 1,093,204$ 1,036,038$ 980,456$ 971,677$ 1,168,625$ 914,212$ 1,302,857 1,107,050 1,171,158 1,125,464 1,002,408 956,649 891,169 1,008,686 1,135,351 872,045 868,804 1,247,398 362,432 247,845 239,389 248,856 228,393 333,164 316,039 266,730 222,404 218,319 237,753 207,648 3,965,701 3,666,349 3,748,758 3,436,361 3,505,983 3,659,071 872,786 845,474 898,319 857,014 849,018 735,499 53,903 73,797 61,513 59,243 63,400 125,773 73,590 142,517 151,384 140,365 123,902 78,807 1,000,279 1,061,788 1,111,216 1,056,622 1,036,320 940,079 4,965,980$ 4,728,137$ 4,859,974$ 4,492,983$ 4,542,303$ 4,599,150$ 48,476$ 22,058$ 18,296$ 15,631$ 19,430$ 28,890$ 379,557 283,813 320,242 270,653 295,353 365,327 3,256 3,058 3,425 6,584 3,833 18,573 9,341 10,800 61,274 160,060 184,476 168,491 174,433 140,176 94,185 160,444 222,488 1,090,419 798,687 1,345,803 1,371,489 761,134 715,893 1,611,673 1,265,988 1,804,595 1,939,738 699,159 575,534 562,585 479,430 467,336 471,226 65,737 53,012 48,508 45,146 44,568 99,581 171,229 235,252 185,425 149,407 134,674 138,092 17,000 32,721 30,100 115,127 75,885 418,400 776,473 684,400 298,928 1,051,252 956,683 1,247,639 1,480,556 1,330,978 1,007,827 1,812,386$ 1,672,576$ 2,859,312$ 2,746,544$ 3,135,573$ 2,947,565$ 111 CITY OF LAKE ELMO, MINNESOTA CHANGES IN NET POSITION LAST TEN FISCAL YEARS (Accrual Basis of Accounting) 2016 2015 2014 2013 Net (Expense) Revenue Governmental Activities (1,713,295)$ (1,483,723)$ (2,934,419)$ (2,173,698)$ Business-type activities 4,854,192 1,885,114 1,833,446 3,456,949 Total primary government net revenue 3,140,897$ 401,391$ (1,100,973)$ 1,283,251$ General Revenues and Other Changes In Net Position Governmental activities: General property taxes 3,226,739$ 3,204,119$ 3,200,291$ 3,231,609$ Grants and contributions not restricted to specific programs 8,584 2,749 2,749 2,749 Interest income 43,228 46,589 87,586 35,259 Miscellaneous 52,479 73,738 125,400 1,833 Gain on sale of capital assets 8,979 Transfers 143,105 220,842 (887,312) Total governmental activities 3,474,135 3,548,037 2,528,714 3,280,429 Business-type activities: Grants and contributions not restricted to specific programs 748 Interest income 44,423 39,757 19,337 30,346 Transfers (143,105) (220,842) 887,312 Total business-type activities (97,934) (181,085) 906,649 30,346 Total primary government 3,376,201$ 3,366,952$ 3,435,363$ 3,310,775$ Change in Net Position Governmental activities 1,760,840$ 2,064,314$ (405,705)$ 1,106,731$ Business-type activities 4,756,258 1,704,029 2,740,095 3,487,295 Total primary government 6,517,098$ 3,768,343$ 2,334,390$ 4,594,026$ Fiscal Year 112 Schedule 2 (continued) 2012 2011 2010 2009 2008 2007 (3,204,567)$ (2,950,456)$ (2,137,085)$ (2,170,373)$ (1,701,388)$ (1,719,333)$ 50,973 (105,105) 136,423 423,934 294,658 67,748 (3,153,594)$ (3,055,561)$ (2,000,662)$ (1,746,439)$ (1,406,730)$ (1,651,585)$ 3,183,078$ 2,793,776$ 2,711,067$ 2,718,691$ 2,568,705$ 2,424,782$ 10,628 9,771 8,764 57,390 46,154 111,705 94,501 113,989 160,679 209,539 335,578 42,599 20,405 17,311 41,827 50,865 33,204 8,517 (59,637) (57,947) (129,177) (116,031) (424,940) 3,337,382 2,859,673 2,794,191 2,809,301 2,770,468 2,414,778 10,282 10,789 11,129 15,343 23,533 94,325 59,637 57,947 129,177 116,031 424,940 10,282 70,426 69,076 144,520 139,564 519,265 3,347,664$ 2,930,099$ 2,863,267$ 2,953,821$ 2,910,032$ 2,934,043$ 132,815$ (90,783)$ 657,106$ 638,928$ 1,069,080$ 695,445$ 61,255 (34,679) 205,499 568,454 434,222 587,013 194,070$ (125,462)$ 862,605$ 1,207,382$ 1,503,302$ 1,282,458$ 113 CITY OF LAKE ELMO, MINNESOTA FUND BALANCES, GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS (Modified Accrual Basis of Accounting) 2016 2015 2014 2013 2012 General fund Reserved $ $ $ $ $ Unreserved Nonspendable 409,222 432,306 638,963 859,072 1,024,433 Committed 200,000 Unassigned 3,279,815 2,754,976 2,542,038 2,318,310 2,414,692 Total general fund 3,889,037 3,187,282 3,181,001 3,177,382 3,439,125 All other governmental funds Reserved Unreserved Nonspendable 3,908 Restricted 3,248,230 2,477,730 717,781 743,976 3,959,111 Committed - Assigned 1,504,656 1,768,742 2,943,525 2,252,931 1,244,900 Unassigned (418,169) (431,755) (693,904) (885,360) (1,670,915) Total all other governmental funds 4,334,717 3,818,625 2,967,402 2,111,547 3,533,096 Total governmental funds 8,223,754$ 7,005,907$ 6,148,403$ 5,288,929$ 6,972,221$ Note: The City implemented GASB Statement No. 54 in 2011, therefore, classifications of fund balance have changed. 114 Schedule 3 2011 2010 2009 2008 2007 $ 1,068,950$ 1,032,570$ 1,015,753$ 1,003,823$ 1,617,211 1,403,240 1,395,088 1,251,127 1,206,209 1,707,711 2,913,920 2,686,161 2,435,810 2,410,841 2,254,950 3,605,250 1,422,049 727,673 698,683 504,106 1,077,659 1,976,379 2,554,808 4,691,748 7,114 654,358 (1,353,754) 3,999,466 4,109,356 2,499,708 2,704,052 3,253,491 6,913,386$ 6,795,517$ 4,935,518$ 5,114,893$ 5,508,441$ 115 CITY OF LAKE ELMO, MINNESOTA CHANGES IN FUND BALANCES, GOVERNMENTAL FUNDS LAST FISCAL TEN YEARS (Modified Accrual Basis of Accounting) 2016 2015 2014 2013 2012 Revenues Taxes 3,231,674$ 3,222,216$ 3,203,111$ 3,231,609$ 3,221,733$ Licenses and permits 1,713,918 828,494 451,953 374,974 330,819 Intergovernmental 282,874 296,902 413,968 1,704,178 237,254 Charges for services 38,608 35,796 30,192 6,113 5,726 Fines and forfeitures 49,505 48,739 48,647 52,110 58,385 Special assessments 897,323 1,316,239 115,424 180,023 136,150 Dedication fees 171,708 138,158 274,257 Refunds and reimbursements 21,390 Investment earnings 43,228 46,415 87,467 35,127 111,737 Miscellaneous revenue 56,101 99,055 165,319 57,260 87,562 Total Revenues 6,506,329 6,032,014 4,790,338 5,641,394 4,189,366 EXPENDITURES Current General government 1,280,259 1,025,320 1,046,906 1,527,732 1,034,712 Public safety 1,262,040 1,203,765 1,198,546 1,174,145 1,109,937 Public works 893,644 686,401 585,071 614,270 446,541 Culture and recreation 500,689 457,749 368,276 301,404 260,404 Unallocated 78,047 69,403 Debt service Principal 826,219 667,342 585,000 3,348,000 406,000 Interest and other charges 226,159 203,738 135,382 171,148 267,253 Bond issuance costs 16,233 22,873 22,267 7,870 41,828 Capital outlay 3,126,782 2,729,512 2,881,437 1,784,914 1,428,856 Total Expenditures 8,210,072 7,066,103 6,822,885 8,929,483 4,995,531 Excess (deficiency) of revenues over (under) expenditures (1,703,743) (1,034,089) (2,032,547) (3,288,089) (806,165) OTHER FINANCING SOURCES (USES) Issuance of debt 2,690,000 1,620,000 2,850,000 1,604,797 865,000 Premium on issuance of debt 102,877 32,137 31,520 (Discount) on issuance of debt (14,392) (11,386) Payment to bond escrow agent Sale of property 30,000 Transfers in 143,105 220,842 10,501 Transfers out Total other financing sources (uses) 2,921,590 1,891,593 2,892,021 1,604,797 865,000 Net change in fund balances 1,217,847$ 857,504$ 859,474$ (1,683,292)$ 58,835$ Debt service as a percentage of noncapital expenditures 20.60% 19.48% 17.67% 47.79% 18.66% 116 Schedule 4 2011 2010 2009 2008 2007 2,790,773$ 2,737,225$ 2,685,894$ 2,523,332$ 2,416,861$ 230,419 261,450 225,166 242,074 315,975 276,638 239,244 288,881 261,743 384,160 14,691 22,416 11,433 15,623 39,163 63,819 68,897 54,052 60,919 57,652 153,536 134,257 73,013 102,929 75,993 94,066 113,033 160,679 209,539 335,578 48,217 84,860 61,533 177,599 1,094,478 3,672,159 3,661,382 3,560,651 3,593,758 4,719,860 1,016,898 921,590 929,960 1,108,737 942,131 996,733 1,064,176 988,082 882,135 984,090 447,629 473,293 459,703 438,591 459,478 168,747 168,971 180,965 154,011 160,940 344,000 313,000 361,000 280,000 334,000 251,385 216,820 229,175 235,450 206,020 34,327 74,580 45,056 1,029,183 1,203,309 998,031 888,382 2,281,938 4,288,902 4,435,739 4,191,972 3,987,306 5,368,597 (616,743) (774,357) (631,321) (393,548) (648,737) 845,000 2,680,000 1,110,000 4,356 17,756 (525,000) 9,190 204,972 314,698 1,466,041 8,500 778,074 (315,360) (364,698) (1,626,041) (8,500) (778,074) 734,612 2,634,356 451,946 117,869$ 1,859,999$ (179,375)$ (393,548)$ (648,737)$ 17.43% 15.11% 17.81% 15.42% 14.69% 117 SCHEDULE 5 Total Taxable Total Adjusted City % of Tax Capacity Payable Market Real Personal Tax Tax Urban Tax to Total Estimated Year Value Property Property Capacity Capacity (1) Rate Market Value 2007 $ 1,131,010,100 $ 12,506,910 $ 207,913 $ 12,714,823 $ 12,714,823 19.274 % 0.01 2008 1,146,659,500 12,750,173 203,610 12,953,783 12,953,783 20.553 0.01 2009 1,208,072,300 13,490,182 201,896 13,692,078 13,692,078 19.810 0.01 2010 1,201,213,400 13,394,423 202,299 13,596,722 13,596,722 20.479 0.01 2011 1,142,936,500 12,678,177 221,613 12,899,790 12,899,790 21.832 0.01 2012 1,037,557,100 11,525,623 229,157 11,754,780 11,754,780 27.271 0.01 2013 1,028,011,400 11,392,876 237,584 11,630,460 11,630,460 29.259 0.01 2014 1,046,031,000 11,504,611 238,764 11,743,375 11,743,375 27.761 0.01 2015 1,184,578,800 12,938,515 243,104 13,181,619 13,181,619 23.798 0.01 2016 1,267,841,100 13,386,725 266,218 13,652,943 13,652,943 23.121 0.01 (1) Tax Capacity adjusted for captured tax increment, fiscal disparities, and transmission lines. NOTE - Valuations are determined as of January 1 of year preceding tax collection year. The County determines a property's tax capacity by multiplying a property's estimated market value times the property's class rate which is determined by its use. The total City tax levy divided by the total City tax capacity determines a percentage, the City tax rate, that is applied to each parcel's tax capacity to determine the tax amount. Tax Capacity CITY OF LAKE ELMO, MINNESOTA TAX CAPACITY AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS 118 Schedule 6 Operating Debt Total Tax Service City Special Fiscal Rate Tax Rate Tax Rate Washington Taxing Year Urban Urban Urban County Districts 2007 19.274 % % 19.274 % 17.698 - 22.628 % 25.673 % 1.315 - 4.580 % 2.331 % 66.291 - 74.486 % 2008 20.553 20.553 17.404 - 22.691 25.936 1.608 - 4.532 2.367 67.868 - 76.079 2009 17.059 2.751 19.810 17.714 - 24.480 26.371 1.545 - 4.002 2.351 67.791 - 77.014 2010 18.033 2.446 20.479 19.734 - 26.389 27.775 1.511 - 4.153 2.558 72.057 - 81.354 2011 19.448 2.384 21.832 20.300 - 34.330 29.772 1.725 - 4.275 2.664 76.293 - 92.873 2012 23.679 (1) 3.592 27.271 22.333 - 38.360 31.939 2.340 - 4.906 2.909 86.792 - 105.385 2013 23.555 5.704 29.259 22.017 - 37.104 31.548 0.779 - 5.306 4.857 88.460 - 108.074 2014 23.472 4.289 27.761 23.150 - 39.770 30.243 0.761 - 5.066 4.641 86.556 - 107.481 2015 20.121 3.677 23.798 21.120 - 35.860 27.691 0.692 - 4.769 4.183 77.484 - 96.301 2016 18.184 4.937 23.121 19.849 - 35.569 27.860 0.075 - 5.111 4.568 75.473 - 96.229 Source: Washington County Taxation Division Note: The City's direct property tax rate is determined by dividing the amount of tax levied by the City Council by the City's total tax capacity. *Overlapping rates are those of local and county governments that apply to property owners within the City of Lake Elmo. Not all overlapping rates apply to all City of Lake Elmo property owners. Although the property tax rates apply to all city property owners, some city properties lie within the geographical boundaries of different school and watershed districts. (1) Beginning in 2012, operating tax rate urban includes library levy component CITY OF LAKE ELMO, MINNESOTA for Independent Tax Rates622, 832 and 834 Direct and Ovelapping Overlapping Rates PROPERTY TAX RATES AND TAX LEVIES DIRECT AND OVERLAPPING PROPERTY TAX RATES LAST TEN FISCAL YEARS (Percent of Tax Capacity) Watershed Districts Range of TotalRange of Tax Rates forSchool Districts Range of Tax Rates City of Lake Elmo 119 SCHEDULE 7 Percentage Percentage of Total City of Total City Taxable Tax Taxable Tax Tax Capacity Tax Capacity Taxpayers (1) Capacity Rank Value Capacity Rank Value Xcel Energy 223,288$ 1 1.64 % 177,104$ 3 1.39 % IRET Properties 205,342 2 1.50 239,610 1 1.88 Dakota Upreit LP 179,262 3 1.31 Bremer Financial Services Inc 169,652 4 1.24 195,538 2 1.53 MHC Cimarron LLC 136,610 5 1.02 134,090 7 1.05 Heart of America 108,150 6 0.79 Tartan Park LLC 100,704 7 0.74 Norman James LLC 64,976 8 0.48 Davis Estates LTD 64,912 9 0.48 Danate Proper Inv I LLC 59,250 10 0.43 61,276 9 0.48 Moline Plow 139,208 5 1.09 United Land LLC 155,494 4 1.22 Lake Elmo Foundation 139,073 6 1.09 United Properties Inv, LLC 58,624 10 0.46 Bri-mar Co In. Etal. 63,518 8 0.50 TOTAL 1,312,146$ 9.63 % 1,363,535$ 10.69 % (1) Source: Washington County Taxation Division 2007 CITY OF LAKE ELMO, MINNESOTA PRINCIPAL PROPERTY TAXPAYERS CURRENT YEAR AND NINE YEARS AGO 2016 This Page Left Blank Intentionally 120 Fiscal Year Taxes Levied Net Tax Levy Collections Ended for the for the Percentage in Subsequent December 31 Fiscal Year Fiscal Year (1) Amount of Net Levy Years 2007 $ 2,428,644 $ 2,394,822 $ 2,357,634 98.45 $ 37,188 2008 2,597,983 2,559,227 2,485,397 97.12 73,830 2009 2,708,155 2,672,623 2,624,026 98.18 48,591 2010 2,743,346 2,705,782 2,645,536 97.77 59,627 2011 2,789,559 2,745,785 2,692,423 98.06 52,284 2012 3,113,017 3,110,478 3,071,202 98.74 36,721 2013 3,163,359 3,160,524 3,133,764 99.15 23,735 2014 3,163,359 3,160,285 3,128,695 99.00 15,415 2015 3,113,017 3,133,137 3,112,989 99.36 12,713 2016 3,112,204 3,112,204 3,068,116 98.58 (1) Tax Levy adjusted for powerlines, market value credits and AG program credits prior to 2016 Fiscal Year of the Levy Collected within the CITY OF LAKE ELMO, MINNESOTA SCHEDULE OF PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS 121 Schedule 8 Delinquent Total Taxes As A Percentage Delinquent % Of Total Amount of Net Levy Taxes Net Tax Levy $ 2,394,822 100.00 $ 0.00 2,559,227 100.00 0.00 2,672,617 100.00 6 0.00 2,705,163 99.98 619 0.02 2,744,707 99.96 1,078 0.04 3,107,923 99.92 2,555 0.08 3,157,499 99.90 3,025 0.10 3,144,110 99.49 16,175 0.51 3,125,702 99.76 7,435 0.24 3,068,116 98.58 44,088 1.42 Total Collections to Date 122 Water (in millions of gallons) Type of Customer 2016 2015 2014 2013 2012 Residential 98.044 84.007 98.573 120.676 154.747 Commercial Service 29.379 21.653 12.156 8.253 10.405 Total gallons 127.423 105.660 110.729 128.929 165.152 Total direct rate per 1,000 gallons - residential 2.14$ 2.14$ 2.14$ 2.14$ 2.14$ Total direct rate per 1,000 gallons - commercial 3.11$ 3.11$ 3.11$ 3.11$ 3.11$ Sanitary Sewer (in millions of gallons) Type of Customer 2016 2015 2014 2013 2012 Residential (1) 6.812 3.794 0.000 0.000 0.000 Commercial Service 9.125 8.179 6.532 6.149 6.172 Total gallons 15.937 11.973 6.532 6.149 6.172 Total direct rate per 1,000 gallons 4.50$ 4.50$ 4.50$ 4.50$ 4.50$ (1) City did not have any residential sanitary sewer customers in 2014 and prior * City converted to a tiered rate structure effective January 1, 2010; lowest tier rate listed for 2010-2015 CITY OF LAKE ELMO, MINNESOTA WATER AND SANITARY SEWER CHARGES BY CUSTOMER LAST TEN FISCAL YEARS 123 2011 2010*2009 2008 2007 105.290 95.704 122.461 120.986 108.649 6.872 7.261 7.989 7.851 8.746 112.162 102.965 130.450 128.837 117.395 2.14$ 2.10$ 2.15$ 2.05$ 2.05$ 3.11$ 3.05$ 3.10$ 3.00$ 3.00$ 2011 2010*2009 2008 2007 0.000 0.000 0.000 0.000 0.000 6.961 7.086 5.381 5.130 4.409 6.961 7.086 5.381 5.130 4.409 4.50$ 4.35$ 4.08$ 3.71$ 2.75$ Schedule 9 124 Total Special Certificates Capital Governmental Fiscal Assessment of Improvement Note Activities Year Bonds Indebtedness Bonds Payable Debt 2007 $ 780,000 $ 364,000 $ 3,855,000 $ $ 4,999,000 2008 695,000 324,000 3,700,000 4,719,000 2009 1,120,000 283,000 3,540,000 4,943,000 2010 1,725,000 240,000 5,345,000 7,310,000 2011 2,440,000 196,000 5,175,000 7,811,000 2012 3,100,092 150,000 4,969,153 8,219,245 2013 4,436,967 102,000 1,941,135 6,480,102 2014 6,919,568 52,000 1,808,024 8,779,592 2015 8,095,288 1,687,803 21,219 9,804,310 2016 10,210,038 1,537,530 11,747,568 Note: Details of the city's outstanding debt can be found in the notes to the financial statements. Other Governmental Activities Debt CITY OF LAKE ELMO, MINNESOTA RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS 125 Total Total Utility Business Primary Percentage Revenue Activities Government of Personal Per Bonds Debt Debt Income Capita $ 4,810,000 $ 4,810,000 $ 9,809,000 0.03 $ 1,429 4,730,000 4,730,000 9,449,000 0.03 1,377 4,715,000 4,715,000 9,658,000 0.03 1,407 4,680,000 4,680,000 11,990,000 0.03 1,486 4,640,000 4,640,000 12,451,000 0.03 1,543 8,314,837 8,314,837 16,534,082 0.04 2,049 12,476,920 12,476,920 18,957,022 0.05 2,349 15,530,642 15,530,642 24,310,234 0.07 3,013 12,622,484 12,622,484 22,426,794 0.06 2,779 18,990,395 18,990,395 30,737,963 N/A 3,809 Schedule 10 Business-Type Activities 126 Special Certificates Capital Utility Fiscal Assessment of Improvement Revenue Year Bonds Indebtedness Bonds Bonds Total 2007 $ 780,000 $ 364,000 $ 3,855,000 $ 4,810,000 9,809,000$ 2008 695,000 324,000 3,700,000 4,730,000 9,449,000 2009 1,120,000 283,000 3,540,000 4,715,000 9,658,000 2010 1,725,000 240,000 5,345,000 4,680,000 11,990,000 2011 2,440,000 196,000 5,175,000 4,640,000 12,451,000 2012 3,100,092 150,000 4,969,153 8,314,837 16,534,082 2013 4,436,967 102,000 1,941,135 12,476,920 18,957,022 2014 6,919,568 52,000 1,808,024 15,530,642 24,310,234 2015 8,095,288 1,687,803 12,622,484 22,405,575 2016 10,210,038 1,537,530 18,990,395 30,737,963 Note: Details regarding the city's outstanding debt can be found in the notes to the financial statements. See Schedule 15 for population data See Schedule 5 for estimated market value information Source: City of Lake Elmo Finance Department General Bonded Debt Outstanding CITY OF LAKE ELMO, MINNESOTA RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST TEN FISCAL YEARS 127 Net Less: General Percentage Available Bonded of Actual in Debt Debt Taxable Value Per Service Outstanding of Property Capita $ 698,683 9,110,317$ 0.81 1,327$ 727,673 8,721,327 0.76 1,271 1,422,049 8,235,951 0.68 1,200 3,605,250 8,384,750 0.70 1,039 3,534,742 8,916,258 0.78 1,105 3,500,799 13,033,283 1.26 1,615 726,753 18,230,269 1.77 2,259 691,700 23,618,534 2.26 2,927 2,477,730 19,927,845 1.68 2,470 3,215,590 27,522,373 2.17 3,411 Schedule 11 128 Schedule 12 Estimated Estimated Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable (a)Debt Debt repaid with property taxes Independent School District #622 138,410,000$ 3.10% 4,290,710$ Independent School District #832 53,720,033 4.70% 2,524,842 Independent School District #834 113,990,000 14.10% 16,072,590 Other debt Washington County 177,010,000 4.15% 7,345,915 Metropolitan Council 1,442,296,908 1.10% 15,865,266 Subtotal, overlapping debt 46,099,323 City direct debt 11,747,568 100.00% 11,747,568 Total direct and overlapping debt 57,846,891$ Sources: Tax capacity data to estimate applicable percentages provided by Washington County. Debt outstanding data provided by each governmental unit. Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of the City of Lake Elmo. This process recognizes that, when considering the city's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. However, this does not imply that every taxpayer is a resident, and therfore responsible for repaying the debt, of each overlapping government. (a) For debt repaid with property taxes, the percentage of overlapping debt applicable is estimated using tax capacity values. Applicable percentages were estimated by determining the portion of another governmental unit's tax capacity value that is within the city's boundaries and dividing it by each unit's total tax capacity value. December 31, 2016 COMPUTATION OF DIRECT AND INDIRECT GENERAL OBLIGATION BONDED DEBT CITY OF LAKE ELMO, MINNESOTA AND LEGAL DEBT MARGIN This Page Left Blank Intentionally 129 2016 2015 2014 2013 2012 Debt limit 38,035,233$ 36,733,899$ 35,537,364$ 32,470,203$ 32,054,064$ Total net debt applicable to limit 2,102,343 1,572,289 1,757,421 1,894,510 2,099,369 Legal debt margin 35,932,890$ 35,161,610$ 33,779,943$ 30,575,693$ 29,954,695$ Total net debt applicable to the limit as a percentage of debt limit 5.53% 4.28% 4.95% 5.83% 6.55% The legal debt limit for municipalities in Minnesota was increased in 2008 from 2% to 3% of the market value of taxable property. This limit applies only to the City's general obligation tax levy bonds and excludes special assessment, tax increment and tax abatement bonds. LAST TEN FISCAL YEARS Fiscal Year CITY OF LAKE ELMO, MINNESOTA LEGAL DEBT MARGIN INFORMATION 130 Taxable Market Value 1,267,841,100$ Debt Limit (3% of market value) 38,035,233 Debt applicable to limit: General obligation bonds 2,320,000 Less: Amount set aside for repayment of general obligation debt 217,657 Total net debt applicable to limit 2,102,343 Legal debt margin 35,932,890$ 2011 2010 2009 2008 2007 31,126,713$ 34,288,095$ 36,036,402$ 36,242,169$ 22,620,202$ 2,148,203 2,195,153 271,142 315,169 358,220 28,978,510$ 32,092,942$ 35,765,260$ 35,927,000$ 22,261,982$ 6.90% 6.40% 0.75% 0.87% 1.58% Schedule 13 Legal Debt Margin Calculation for the Fiscal Year 2016 131 Schedule 14 Net Fiscal Gross Operating Available Year Revenue (1) Expenses (2) Revenue Principal Interest Coverage 2007 1,011,400$ 595,824$ 415,576$ 205,000$ 211,482$ 1.00 2008 715,611 536,475 179,136 80,000 202,224 0.63 2009 776,899 513,226 263,673 530,000 208,803 0.36 2010 920,768 563,896 356,872 35,000 191,156 1.58 2011 891,587 516,157 375,430 40,000 190,094 1.63 2012 946,407 426,118 520,289 40,000 221,129 1.99 2013 3,501,321 504,648 2,996,673 165,000 300,789 6.43 2014 2,266,397 678,394 1,588,003 365,000 424,080 2.01 2015 3,642,316 627,977 3,014,339 4,165,000 456,782 0.65 2016 3,407,097 757,862 2,649,235 615,000 380,969 2.66 Notes: (1) Gross revenue includes investment earnings, hook-up charges and special assessments. (2) Operating expenses do not include interest, depreciation, or amortization expense. (3) Details regarding the City's outstanding debt can be found in the notes to the financial statements. CITY OF LAKE ELMO, MINNESOTA PLEDGED REVENUE COVERAGE LAST TEN FISCAL YEARS Utility Revenue Bonds Debt Service (3) 132 SCHEDULE 15 PERSONAL INCOME PER CAPITA STATE CITY (thousands of PERSONAL UNEMPLOYMENT UNEMPLOYMENT YEAR POPULATION (1)dollars)INCOME (2) RATE (3) RATE (3) 2007 6,863 $ 323,426 $ 47,126 5.0 4.2 2008 6,863 329,774 48,051 6.3 5.8 2009 6,863 317,997 46,335 7.6 7.1 2010 8,069 383,834 47,569 7.0 6.4 2011 8,069 409,203 50,713 5.8 5.2 2012 8,069 420,242 52,081 5.4 4.9 2013 8,069 420,879 52,160 4.6 4.0 2014 8,069 357,723 44,333 3.8 3.7 2015 8,069 371,602 46,053 3.2 2.9 2016 8,069 374,345 46,393 3.8 3.3 Sources: (1) Metropolitan Council 2000/2010-Census Bureau (2) Bureau of Economic Analysis - Washington County, Minnesota (3) Estimate based on County unemployment rate provided by Minnesota Department of Employment and Economic Development CITY OF LAKE ELMO, MINNESOTA DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN FISCAL YEARS 133 SCHEDULE 16 Employer Employees (2) Rank Percentage of Total City Employment (1)Employees (1) Rank Percentage of Total City Employment (1) 3M Company (Maplewood) 9,100 1 39.0% 10,100 1 56.4% Andersen Corp (Bayport) 2,400 2 10.3% Washington County (Stillwater) 1,600 3 6.9% Healtheast Care/St. Johns Hospital (Maplewood) 1,200 4 5.1% Woodwinds Health (Woodbury) 1,100 5 4.7% 485 5 2.7% Fortis Company (Woodbury)1,021 2 5.5% ISD 834 (Stillwater) 1,050 6 4.5% 1,000 3 5.6% 3M Company (Woodbury) Ecowater Systems, Inc. (Woodbury) 440 7 1.9% 400 7 2.2% Bremer Bank Operations Ctr (Lake Elmo) 425 8 1.8% 401 6 2.2% MN Correctional Facility (Oak Park Hts) 355 9 1.5% SunAmerica Financial Group (Woodbury) 310 10 1.3% Imation (Oakdale)500 4 2.8% High Pointe Health Campus (Lake Elmo) 180 8 1.0% Lake Elmo Inn Inc.125 9 0.7% Machine Shed/Wildwood Inn (Lake Elmo) 110 10 0.6% (1) City staff estimate (2) Number of current year employees for each employer was taken from information prepared for the 2016A bond issuance. Bond was issued in April 2016 and therefore this information was updated prior to issuance of the 2015 CAFR and information has not changed since that date. 2007 CITY OF LAKE ELMO, MINNESOTA PRINCIPAL EMPLOYERS CURRENT YEAR AND NINE YEARS AGO 2016 This Page Left Blank Intentionally 134 Function 2016 2015 2014 2013 2012 Administration 2.45 3.20 3.55 3.55 3.15 Finance 1.20 0.80 1.25 1.25 0.50 Planning and Zoning 2.21 2.75 2.70 2.95 1.55 General Government 5.86 6.75 7.50 7.75 5.20 Fire 3.80 1.50 1.55 2.05 1.60 Building Inspections 4.21 3.15 1.55 1.30 0.95 Public Safety 8.01 4.65 3.10 3.35 2.55 Streets and Roadways 4.55 3.90 3.20 3.21 3.05 Public Works 4.55 3.90 3.20 3.21 3.05 Parks 3.00 1.85 3.30 2.74 2.52 Parks and Recreation 3.00 1.85 3.30 2.74 2.52 Communications 0.00 0.70 0.35 0.40 0.15 0.00 0.70 0.35 0.40 0.15 Total Governmental Activities 21.42 17.85 17.45 17.45 13.47 Water Utility 2.00 2.45 2.60 2.10 1.85 Sewer Utility 1.66 1.30 0.70 0.70 0.30 Total Business Activities 3.66 3.75 3.30 2.80 2.15 Totals for Organization 25.08 21.60 20.75 20.25 15.62 Source: City's Adopted Budgets CITY OF LAKE ELMO, MINNESOTA FULL-TIME EQUIVALENT EMPLOYEES BY FUNCTION LAST TEN FISCAL YEARS 135 Schedule 17 2011 2010 2009 2008 2007 3.15 3.15 3.18 3.75 2.40 0.50 0.50 0.50 1.00 1.29 1.55 1.55 1.75 1.75 2.15 5.20 5.20 5.43 6.50 5.84 1.10 1.10 1.10 1.10 1.26 0.95 0.95 1.95 1.20 2.68 2.05 2.05 3.05 2.30 3.94 3.05 3.05 3.05 3.05 2.78 3.05 3.05 3.05 3.05 2.78 2.52 2.52 3.10 2.72 3.40 2.52 2.52 3.10 2.72 3.40 0.15 0.15 0.19 0.00 0.00 0.15 0.15 0.19 0.00 0.00 12.97 12.97 14.82 14.57 15.96 1.85 1.85 1.85 2.30 2.02 0.30 0.30 0.30 0.35 0.22 2.15 2.15 2.15 2.65 2.24 15.12 15.12 16.97 17.22 18.20 136 Function/Program 2016 2015 2014 2013 2012 Planning and Zoning Conditional use permits 3 2 4 2 3 Interim use permits 2 1 1 1 0 Minor subdivisions 2 2 0 2 1 Plats/Planned unit developments 11 9 17 1 0 Rezonings 3 2 11 2 7 Site plans 1 0021 Variances 4 2 2 5 4 Fire Total emergency responses 430 429 358 448 399 EMS responses 268 274 237 280 262 Fire responses 162 32 21 28 28 Building Inspections Residential permit valuations 119,301 50,401 23,032 19,979 20,320 (thousands of dollars) Commercial permit valuations 2,003 1,952 7,309 966 2,351 (thousands of dollars) New residential units (1) 240 140 41 32 31 New commercial units 1 1 3 0 0 Water Utility Number of customers 1,538 1,234 1,073 1,051 1,016 Average daily consumption (2) 18 18 19 21 15 (thousands of gallons) Sanitary Sewer Utility Number of customers 321 82452929 Average daily flow (3) (thousands of gallons) 14 74 77 77 75 Sources: Various City Department's annual budget workload measurements (1) Excludes fire/demolition rebuilds (2) Residential and Commercial; rate increase effective 1/1/2010 to encourage conservation (3) Billed and measured based on water usage; new developer homes built in 2014 but not yet sold or occupied so no impact to flows CITY OF LAKE ELMO, MINNESOTA OPERATING INDICATORS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS 137 Schedule 18 2011 2010 2009 2008 2007 00213 31011 00211 00000 00110 01101 62568 315 361 319 294 369 195 211 205 204 244 24 14 24 20 46 16,133 15,889 12,903 16,525 22,739 2,590 2,013 1,617 1,370 3,600 24 26 29 23 29 01101 998 967 941 935 918 14 18 24 28 26 29 29 28 28 26 71 72 68 73 66 138 Function/Program 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 Fire Stations 2222222222 Public Works Bituminous streets (miles) 103 65 65 63 63 63 62 62 62 62 Gravel streets (miles) 2222222333 Street lights 150 144 144 142 137 137 137 137 137 137 Storm sewer (miles) 30252525252525252323 Park & Recreation Acres of parkland 451 451 451 451 451 451 451 451 451 451 Number of parks 17171717171717171717 Water Utility Water towers 3332222221 Miles of watermain 50434039373737373426 Number of fire hydrants 415 378 351 293 280 280 280 280 280 233 Sanitary Sewer Utility Miles of sanitary sewer 8433333333 Lift stations 4443333333 Sources: Various City Department's annual financial report statistics CITY OF LAKE ELMO, MINNESOTA CAPITAL ASSETS STATISTICS BY FUNCTION/PROGRAM LAST TEN FISCAL YEARS Schedule 19 CITY OF LAKE ELMO, MINNESOTA OTHER REPORT SECTION December 31, 2016 This Page Left Blank Intentionally MINNESOTA LEGAL COMPLIANCE Independent Auditor's Report To the Honorable Mayor and Members of the City Council City of Lake Elmo, Minnesota We have audited, in accordance with auditing standards generally accepted in the United States of America, the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Lake Elmo, Minnesota, as of and for the year ended December 31, 2016, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated June 29, 2017. The Minnesota Legal Compliance Audit Guide for Cities, promulgated by the State Auditor pursuant to Minnesota State Statutes Sec. 6.65, contains seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions and tax increment financing. Our audit considered all of the listed categories, except that we did not test for compliance with the provisions for tax increment financing because the City has not established a tax increment financing district. In connection with our audit, nothing came to our attention that caused us to believe that the City of Lake Elmo, Minnesota failed to comply with the provisions of the Minnesota Legal Compliance Audit Guide for Cities, except as described below. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. Accordingly, had we performed additional procedures, other matters may have come to our attention regarding the City of Lake Elmo, Minnesota's noncompliance with the above referenced provisions. As of December 31, 2016, the City's records showed uncashed checks held for more than three years. These checks were not reported and paid to the State Commission of Commerce pursuant to Minn. Stat. Sections 345.41 and 345.43. This report is intended solely for the information and use of those charged with governance and management of the City of Lake Elmo, Minnesota and the State Auditor and is not intended to be and should not be used by anyone other than these specified parties. Minneapolis, Minnesota June 29, 2017 This Page Left Blank Intentionally 504427v1 SJS LA515-1 STAFF REPORT DATE: August 1, 2017 REGULAR MOTION TO: City Council FROM: Kristina Handt, City Administrator AGENDA ITEM: Lions Park Improvements REVIEWED BY: Rob Weldon, Public Works Director Emily Becker, City Planner Sarah Sonsalla, City Attorney BACKGROUND: Last September the City Council approved a design contract with Miller Architect for improvements to Lions Park. The Parks Commission has held a series of meetings since last fall to gather more public input and refine the proposed improvements. Through this process, they have worked to develop a general master plan with multiple phases. At their April 17, 2017 meeting, the Parks Commission passed a motion to increase the cost of Phase 1 improvements to $425,000. Council discussed this at its May 9th work session and at the May 16th Council meeting authorized advertising for bids for the various bid packages. Bids were advertised the end of June with the bid opening for all bid packages held on July 19th. ISSUE FOR DISCUSSION: Should Council award the contracts for Lions Park Improvements? PROPOSAL DETAILS/ANALYSIS: The following bids were received on July 19: Bidder Bid Package 1A Baseball Field and Demo Bid Package 1B Volleyball Court Bid Package 1C Batting Cages Bid Package 1D Parking Lot 6 Urban Companies $388,000 $14,000 Not bid Not bid Peterson Companies $283,324 $15,079 $16,749 $14,521 Rachel Construction $254,750 $11,200 $29,800 $11,800 Burski Excavating $349,000 $25,500 $36,600 $22,500 504427v1 SJS LA515-1 Bidder Bid Package 2A Irrigation All Green Landscape $35,500 Greenscape $24,800 Burski Ex $30,000 Bidder Bid Package 3A 6 Metal Poles Bid Package 3B 4 Metal Poles Bid Package 3C 6 Wooden Poles Killmer Electric $126,400 $119,800 $99,400 Ebert Construction $135,000 $130,000 $120,000 Burski Ex $182,700 $172,200 $132,300 Bidder Bid Package 4A Dugouts 6 Urban Companies $97,000 Ebert Const $92,800 Burski Ex $118,000 Based on the above bids, staff would recommend the Council award contracts to Rachel Construction, the lowest bidder for bid packages 1A (Baseball Field and Demo) in an amount not to exceed $254,750, 1B (Volleyball Court) in an amount not to exceed $11,200 and 1D (Parking Lot) in an amount not to exceed $11,800; award the contract to Greenscape, the lowest bidder for bid package 2A (Irrigation) in an amount not to exceed $24,800; award the contract to Killmer Electric, the lowest bidder for bid package 3C (6 Wooden Poles) in an amount not to exceed $99,400, and to reject all bids received for bid packages 3A (6 Metal Poles), 3B (4 Metal Poles), 1C (Batting Cages) and 4A (Dugouts). With respect to the batting cages and dugout bid packages, for which staff is recommending that the Council reject all bids, staff is of the opinion that the batting cages at the VFW field can be utilized for the time being in order to save costs. Staff recommends not awarding the contract for the dugouts as the Lions have agreed to donate $20,000 and volunteers in the community, including residents and Lake Elmo Baseball, have offered to volunteer their time to construct the dugouts. FISCAL IMPACT: The City’s parkland dedication as of 7/25/17 was about $810,000 (after accounting for remaining Savona park costs). The bid packages recommended by staff would total $401,950, which is less than recommended by the Parks Commission in April due to the removal of some projects. OPTIONS: 1) Award the contracts to the lowest bidders for bid packages 1A (Baseball Field and Demo), 1B (Volleyball Court), 1D (Parking Lot), 2A (Irrigation), and 3C (Wooden Poles). Reject all bids received for bid package 1C (Batting Cages), 3A (6 Metal Poles), 3B (4 Metal Poles) and 4A (Dugouts). 2) Approve some other combination of bid packages than described above. 504427v1 SJS LA515-1 3) Reject all bids. RECOMMENDATION: Motion to award the contract for bid package 1A to Rachel Construction in an amount not to exceed $254,750, bid package 1B to Rachel Construction in an amount not to exceed $11,200, bid package 1D to Rachel Construction in an amount not to exceed $11,800, bid package 2A to Greenscape in an amount not to exceed $24,800; bid package 3C to Killmer Electric in an amount not to exceed $99,400, and to reject all bids received for bid packages 1C, 3A, 3B, and 4A. ATTACHMENTS: None