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HomeMy WebLinkAbout10-2-18 City Council Meeting Packet NOTICE OF MEETING City Council Meeting Tuesday, October 2, 2018 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. Accept Minutes 1. September 18, 2018 D. Public Comments/Inquires E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements and Payroll 3. Approve Request for Proposals for Auditing Services 4. Approve 2018 Street Improvements – Change Order No. 1 5. Approve Safe Assure Contract 6. Approve East Metro Water Resource Education Program Contract G. Regular Agenda 7. Old Village Ph3 Street & Utility Improvements – Assessment Hearing; Adopt Final Assessment Roll – Resolution 2018-111 8. Purchase of Outlot F in Sanctuary Development and Memorandum of Understanding - Resolution 2018- 112 9. Little Free Library at Savona Park – Resolution 2018-113 10. Grant for Wildflower/Village Preserve Park 11. No Parking Ordinance Update – Resolution 2018-114 12. Snow Removal from Sidewalks-Update Snow Removal Policy 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 SEPTEMBER 18, 2018 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 Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADD A CLOSED SESSION TO THE END OF THE AGENDA PURSUANT TO MINNESOTA STATUTES, SECTION 13D.05, SUBD. 3(B) TO DISCUSS MATTERS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE PERTAINING TO THE CITY’S PENDING LAWSUIT IN FEDERAL COURT AGAINST 3M. Motion passed 5 – 0. Councilmember Nelson, seconded by Councilmember Fliflet, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the September 4, 2018 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES None PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Accept Building Department August 2018 Report 4. Accept Fire Department August 2018 Report 5. Accept Public Works August 2018 Report 6. Approve Resolution Awarding Equipment Certificate – Resolution 2018-105 7. Approve 2018 Street Improvements – Payment Request No. 2 8. Approve Old Village Ph4 Street & Utility Improvements – Pay Request No. 2 9. Approve Public Library Site Improvements – Pay Request No. 2 (FINAL) 10. Approve Development Security Reduction for Southwind LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 2018 Page 2 of 4 11. Approve CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Maintenance Agreement – Resolution 2018-106 12. Approve CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Cooperative Agreement Payment No. 5 (FINAL) 13. Approve 2018 Street Improvements – Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessments, and Calling for Hearing on Proposed Assessment – Resolution 2018-107 14. Approve Conditional Job Offer to Part Time Fire Fighters 15. Approve Master Service Agreement for Planning Services Councilmember Bloyer, seconded by Mayor Pearson, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 16: Reconsideration of Tablyn Park Improvements: Mayor Pearson, seconded by Councilmember Bloyer, moved TO RECONSIDER THE TABLYN PARK IMPROVEMENTS AGENDA ITEM. Motion passed 4 – 1. (Fliflet – nay) Public Works Director Weldon discussed the feasibility of the proposed parking area. Dave Moore, 8680 Stillwater Blvd., commented on the proposed parking area and difficulties presented at the site and the adequacy of winter parking at the park. Mayor Pearson, seconded by Councilmember Nelson, moved TO INSTALL A SPLIT RAIL FENCE AT TABLYN PARK AS RECOMMEND BY THE PARKS COMMISSION. Motion failed 0-5. (all opposed) ITEM 17: Environmental Performance – Tree Preservation Ordinance City Planner Prchal reviewed updates to the proposed ordinance prepared as a result of discussion at the September 11th City Council Workshop. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-220 AMENDING LANGUAGE TO THE ENVIRONMENTAL PERFORMANCE CHAPTER. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION BY ADDING “WITH THE EXCEPTION OF THE VMX AREA” TO BEGINNING OF SECTION E.1. Motion passed 5 – 0. Primary motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2018-092 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-220. Motion passed 5 – 0. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 2018 Page 3 of 4 ITEM 18: Boulder Ponds 4th Addition Final Plat Planning Director Becker reviewed the final plat and PUD application for development of senior housing. Patrick Boylan spoke on behalf of the developer, addressing concerns regarding staffing for the senior living center residents. Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2018-108 APPROVING THE BOULDER PONDS 4TH ADDITION FINAL PLAT AND PUD PLANS WITH RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL AS DRAFTED BY STAFF. Motion passed 5 – 0. ITEM 19: Boulder Ponds 4th Addition Development Agreement Planning Director Becker provided a brief overview of the proposed agreement. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2018-109, APPROVING THE DEVELOPER’S AGREEMENT FOR THE BOULDER PONDS 4TH ADDITION PLANNED RESIDENTIAL DEVELOPMENT. Motion passed 5 – 0. ITEM 20: River Valley Church Conditional Use Permit Planning Director Becker reviewed the application for a conditional use permit to allow the expansion of the River Valley Church. Mayor Pearson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2018-110 APPROVING THE RIVER VALLEY CHURCH CONDITIONAL USE PERMIT WITH RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL AS DRAFTED BY STAFF. Motion passed 5 – 0. ITEM 21: Preliminary 2019 General Fund and Annual Budget, Tax Levy and Public Hearing Date Finance Director Iverson presented the preliminary 2019 budgets and tax levy and reviewed the financial management plan. Councilmember Nelson, seconded by Councilmember Bloyer, moved TO APPROVE RESOLUTION 2018-104, APPROVING THE 2019 PRELIMINARY GENERAL FUND BUDGET, 2019 PRELIMINARY PROPERTY TAX LEVY, AND SETTING A PUBLIC HEARING DATE FOR THE 2019 BUDGET AND PROPERTY TAX LEVY FOR TUESDAY, DECEMBER, 4, 2018 AT 7:00 P.M. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO INCLUDE NO INCREASE IN THE TAX RATE. Motion failed 2 – 3. (Pearson, Bloyer, Nelson – nay) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 18, 2018 Page 4 of 4 Primary motion passed 4 – 1. (Fliflet – nay) COUNCIL REPORTS Mayor Pearson: Attended mediation with 3M. Councilmember Nelson: Thanked outgoing Planning Director Becker for her service to the City. CLOSED SESSION Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADJOURN TO CLOSED SESSION PURSUANT TO MINNESOTA STATUTES, SECTION 13D.05, SUBD. 3(B) TO DISCUSS MATTERS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE PERTAINING TO THE CITY’S PENDING LAWSUIT IN FEDERAL COURT AGAINST 3M. Motion passed 5 – 0. Closed session held. Councilmember Lundgren, seconded by Mayor Pearson, moved TO RETURN TO OPEN SESSION. Motion passed 5 – 0. Meeting adjourned at 10:06 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk STAFF REPORT -- page 1 -- DATE: October 2, 2018 CONSENT TO: Mayor and City Council FROM: Amy La Belle, Accountant AGENDA ITEM: Payments & Disbursements 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: Claim # Amount Description ACH $ 66,286.75 Payroll 09/27/18 479512 – 47950 $ 107,401.21 Accounts Payable 10/02/18 TOTAL $ 173,687.96 RECOMMENDATION: If removed from the consent agenda, the recommended motion is as follows: “Motion to approve the aforementioned disbursements in the amount of $107,401.21” ATTACHMENTS: 1. Accounts Payable – proof list(s) STAFF REPORT DATE: October 2, 2018 REGULAR ITEM #3 - Consent MOTION TO: City Council FROM: Sue Iverson – Finance Director AGENDA ITEM: Approve Request for Proposals (RFP) for Professional Auditing Services REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: The City has not been out for a competitive bid for Auditing Services since 2013. ISSUE BEFORE THE CITY COUNCIL: 1) Should the City Council authorize the distribution of the Request for Proposals (RFP) for Auditing Services? DISCUSSION: Attached is a draft RFP for Auditing Services. It is a best practice to periodically send out RFP’s for contracted services to maintain due diligence. The City is not dissatisfied with our current auditor, Smith, Schaffer & Associates, Ltd. Audit firms will be locking in their calendars for 2019 soon, so we hope to complete this process by mid-November. The RFP will be posted to the League of Minnesota’s (LMC) site for advertising. FISCAL IMPACT: To be determined. OPTIONS: 1) Approve distribution of the Request for Proposals (RFP) for Professional Auditing Services. 2) Amend and then approve distribution of the Request for Proposals (RFP) for Professional Auditing Services. 3) Do not approve distribution of the Request for Proposals (RFP) for Professional Auditing Services. RECOMMENDATION: If removed from the consent agenda: Motion to approve distribution of the Request for Proposals (RFP) for Professional Auditing Services. ATTACHMENTS: 1) Draft Request for Proposals for Auditing Services. REQUEST FOR PROPOSALS FOR PROFESSIONAL AUDITING SERVICES October 2018 CITY OF LAKE ELMO FINANCE DEPARTMENT 3880 LAVERNE AVE. N. SUITE 100 LAKE ELMO, MN 55042 WWW.LAKEELMO.ORG TABLE OF CONTENTS I. INTRODUCTION A. General Information B. Term of Engagement C. Subcontracting II. NATURE OF SERVICES REQUIRED A. General B. Scope of Work to be Performed C. Auditing Standards to be Followed D. Reports to be Issued E. Special Considerations F. Working Paper Retention and Access to Working Papers III. DESCRIPTION OF THE GOVERNMENT A. Principal Contacts B. Background Information C. Fund Structure D. Federal and State Financial Assistance E. Component Units F. Finance Department Operations G. Computer Systems H. Availability of Prior Reports and Working Papers IV. TIME REQUIREMENTS A. Proposal Calendar B. Date Audit May Commence C. Schedule for the 2018 Fiscal Year Audit 1. Detailed Audit Plan 3. Fieldwork 4. Draft Reports V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance B. Work Area, Telephones, Copiers, and Fax Machines VI. PROPOSAL REQUIREMENTS A. Inquires B. Submission of Proposals VII. EVALUATION PROCEDURES A. Review of Proposals B. Oral Presentations C. Final Selection D. Right to Reject Proposals APPENDICES A. Proposer Guarantees and Warranties B. Format for Schedule of Professional Fees and Expenses to Support the Total All- Inclusive Maximum Price 1 I. INTRODUCTION A. General Information The City of Lake Elmo is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal year ending December 31, 2018 with the option of auditing its financial statements for each of the four subsequent fiscal years. These audits are to be performed in accordance with generally accepted auditing standards and the standards for financial audits set forth in the U.S. General Accounting Office’s (GAO) Government Auditing Standards, and, if applicable, the provisions of the federal Single Audit Act of 1996 and Title 2 U.S. Code of Federal Regulations Part 200, and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments as well as all other Federal, State and local requirements in effect now or placed in effect during the engagement. There is no expressed or implied obligation for the City of Lake Elmo to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered, qualified firms bust submit five (5) copies of their proposal to Susan Iverson, Finance Director, 3880 Laverne Ave, N., Suite 100, Lake Elmo, MN 55042 by 4:00 P.M. on Friday, November 2, 2018. The City of Lake Elmo reserves the right to reject any and all proposals submitted. The City of Lake Elmo reserves the right, where it may serve the City of Lake Elmo’s best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the City of Lake Elmo, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City of Lake Elmo reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Lake Elmo and the firm selected. It is anticipated the selection of a firm will be made by mid November 2018. Following the notification of the selected firm it is expected a contract will be executed between both parties as soon as possible. B. Term of Engagement A five-year contract is contemplated, subject to an annual review. Based on satisfactory performance, satisfactory negotiation of terms (including a price acceptable to both the City of Lake Elmo and the selected firm), the concurrence of the City Council and Finance Director, and the annual availability of an appropriation, the City may extend the agreement annually without solicitations from other firms. In the event of unsatisfactory performance, or when in 2 the best interest of the City, proposals may be solicited before the end of the five year period. C. Subcontracting Following the award of the audit contract, no subcontracting will be allowed without the expressed prior written consent of the City of Lake Elmo. II. NATURE OF SERVICES REQUIRED A. General The City of Lake Elmo is soliciting the services of qualified firms and certified public accountants to audit its financial statements for the fiscal year ending December 31, 2018, with the option to audit the City of Lake Elmo’s financial statements for each of the four subsequent fiscal years. These audits are to be performed in accordance with the provisions contained in this request for proposals. B. Scope of Work to be Performed The City of Lake Elmo desires the auditor to express an opinion on the fair presentation of its financial information of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information in conformity with generally accepted accounting principles. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. The City of Lake Elmo also desires the firm to review the presentation of the statistical section of the financial statements insofar as current generally accepted auditing standards require such review. If the City is required to have a Single Audit for any year covered by this proposal, the auditor would follow the provision of the federal Single Audit Act Amendments of 1996. The pricing for the potential single audit should be reported separately on the fee structure schedule. The auditor is not required to audit the schedule of federal financial assistance. However, the auditor is to provide an “in-relation-to” report on that schedule based on the auditing procedures applied during the audit of the financial statements. An annual review of the Comprehensive Annual Financial Report shall be done to determine necessary steps so that the City can continue to receive a Certificate of Achievement for Excellence in Financial Reporting during this engagement. C. Auditing Standards to Be Followed 3 To meet the requirements of this request for proposals, the audit shall be performed in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the U.S. General Accounting Office’s Government Auditing Standards, the provisions of the Single Audit Act of 1996 and Title 2 U.S. Code of Federal Regulations Part 200, the provision of U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments Minnesota Legal Compliance for Local Governments, and any other Federal, State and local requirements in effect now or placed in to effect during the engagements. D. Reports to be Issued Following the completion of the audit of the fiscal year’s financial information, the auditor shall issue: 1. A report on the fair presentation of the financial statement in conformity with generally accepted accounting principles, including, if applicable, an opinion of the fair presentation of the supplementary schedule of expenditures of federal awards “in- relation-to” the audited financial statements. 2. A report on compliance and internal control over financial reporting based on an audit of the financial statements. 3. A report on compliance with applicable laws and regulations. 4. Communicate in a letter to management any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization’s ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. 5. Communicate non-reportable conditions discovered by the auditors in a separate letter to management, which shall be referred to in the report on compliance and internal controls. The report on compliance and internal controls shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance and internal controls. Irregularities and illegal acts: Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Council, City Administrator and Finance Director. 4 Reporting to the City Council: Auditors shall assure themselves that the City Council is informed of each of the following: 1. The auditor’s responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates 4. Significant audit adjustments 5. Other information in documents containing audited financial statements 6. Disagreements with management 7. Management consultation with other accountants 8. Major issues discussed with management prior to retention 9. Difficulties encountered in performing the audit 10. Results and reports of the Single Audit, if required, to be performed. E. Special Considerations 1. The City of Lake Elmo will send its comprehensive annual financial report to the Government Finance Officer Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. The city has received the certificate annually beginning with the annual financial report for 2013. It is anticipated that the auditor will not be required to provide special assistance to the City of Lake Elmo to meet the requirements of that program. 2. The City of Lake Elmo may prepare one or more official statements in connection with the sale of debt securities which will contain the general purpose financial statements and the auditor’s report thereon. The auditor shall be required, if requested by the fiscal advisor and/or the underwriter, to issue a “consent and citation of expertise” as the auditor and any necessary “comfort letters.” 3. The schedule of federal financial assistance and related auditor’s report (if required), as well as the reports on the internal controls and compliance, are not to be included in the CAFR, but are to be issued separately. 4. Additional assistance regarding the specifics of the future implementation and compliance with the reporting requirements mandated by GASB may be required. F. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of three (3) years, unless the firm is notified in writing by the City of Lake Elmo of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees:  City of Lake Elmo  MN State Auditor’s Office 5  U.S. General Accounting Office (GAO)  Parties designated by the federal or state governments or by the City of Lake Elmo as part of an audit quality review process  Auditors of entities of which the City of Lake Elmo is a sub-recipient of grant funds In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF THE GOVERNMENT A. Principal Contacts The auditor’s principal contact with the City of Lake Elmo will be Susan Iverson, Finance Director, or a designated representative, who will coordinate the assistance to be provided by the City of Lake Elmo to the auditor. The phone number for the Finance Director is 651-747- 3909. B. Background Information • The City of Lake Elmo is located in Washington County and serves an area of 32 square miles with a population of 9,625. • The City of Lake Elmo's fiscal year begins on January 1 and ends on December 31. • The city of Lake Elmo operates under the Optional Plan A form of government. The City Council consists of a mayor and four council members. • More detailed information on the City and its finances can be found on the City’s website at: http://www.lakeelmo.org/. C. Fund Structure Please refer to the City’s Comprehensive Annual Financial Report for the year ended December 31, 2017, which can be found on our web site at www.lakeelmo.org, for a complete description of the government and its financial operations. The City of Lake Elmo uses the following fund types and account groups in its financial reporting: General Fund 1 Special Revenue Funds 4 (includes 1 blended component unit) Debt Service Funds 13 Capital Project Funds 7 Enterprise Funds 3 Internal Service Funds 3 6 Agency Funds 1 D. Federal and State Financial Assistance At the time of this RFP, it does not appear that a single audit will be required for 2018. Proposals should include costs for these services as a separate item from the regular services that are to be provided. E. Component Units The City has one blended component unit – the Lake Elmo Economic Development Authority – and no discretely presented component units. Although the EDA is legally separate from the City, the board has recommending authority only to the City Council and is reported as if it were part of the primary government. F. Finance Department Operations The finance department has two full-time employees consisting of a Finance Director and an Accountant. The department provides financial support services to the entire organization that include accounts payable, accounts receivable, cash receipting, payroll processing, investment and cash management, coordination of the annual audit, budget preparation, the 5-year CIP Plan preparation, and the 10-year Financial Forecast. G. Computer Systems The City uses Springbrook financial software and consists of the following integrated modules that generate transactions for the financial system: General Ledger Accounts Payable Account Receivable Cash Receipts Payroll The City uses Banyon Data Systems for Utility Billing. H. Availability of Prior Audit Reports and Working Papers Interested proposers who wish to review prior years’ audit reports and management letters should contact Susan Iverson at 651-747-3909. The City of Lake Elmo will use its best efforts to make prior audit reports and supporting working papers available to proposers to aid their response to this request for proposals. 7 IV. TIME REQUIREMENTS A. Proposal Calendar The following is a list of key dates regarding the selection process: Request for proposal completed October 2, 2018 Due date for proposals November 2, 2018 Interview dates (only if needed) November 12-14, 2018 City Council approval of auditor selection November 20, 2018 Selected firm notified November 21, 2018 B. Date Audit May Commence The City of Lake Elmo will have all records ready for audit and all management personnel available to meet with the firm’s personal at a date that is mutually convenient. The auditors may elect to do preliminary fieldwork. C. Schedule for 2018 Fiscal Year Audit (a similar time schedule will be developed for audits of future fiscal years if the City of Lake Elmo exercises its option for additional audits). Each of the following should be completed by the auditor no later than the dates indicated. 1. Detailed Audit Plan The auditor shall provide the City of Lake Elmo by December 31, 2018 both a detailed audit plan and a list of all schedules to be prepared by the City of Lake Elmo. 2. Fieldwork The auditor shall complete all fieldwork by April 30, 2019. A schedule for interim work, fieldwork and draft reports will be determined upon completion of the auditor selection process. 3. Draft Reports The auditor shall have reviewed drafts of the audit report(s) and completed auditor’s reports for the CAFR (if applicable) by May 15, 2019. 4, Date Final Report is Due The City shall prepare final financial statements, notes, required supplementary schedule and statistical data by May 15, 2019. The auditor shall provide all recommendations, revisions, and suggestions for improvement to the City by May 31, 2019. 8 The final auditor reports and ten signed copies should be delivered to the Finance Director at 3880 Laverne Ave. N., Suite 100, Lake Elmo, MN 55042 by June 13, 2019. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR & REPORT PREPARATION A. Finance Department and Clerical Assistance The finance department staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City of Lake Elmo under the direction of the auditor. B. Work Area, Telephones, Copiers, Internet Connection The City of Lake Elmo will provide the auditor with reasonable work space, tables and chairs. The auditor will also be provided with access to telephone lines, photocopying facilities and wireless internet connectivity. VI. PROPOSAL REQUIREMENTS A. Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals must be made to: Susan Iverson, Finance Director City of Lake Elmo 3880 Laverne Ave N. Suite 100 Lake Elmo, MN 55042 651-747-3909 siverson@lakeelmo.org B. Submission of Proposals The following material is required to be received by November 2, 2018 for a proposing firm to be considered: 1. Title Page Title page showing the request for proposals subject; the firm’s name; the name, address and telephone number of the contact person; and the date of the proposal. 2. Table of Contents 9 3. Transmittal Letter A signed letter of transmittal briefly stating the proposer’s understanding of the work to be done, the commitment to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for 60 days. 4. General Information a. Firm qualifications and experience b. An affirmative statement that the firm is independent from the City of Lake Elmo c. License to practice in MN d. Partner, supervisor and staff qualifications and experience e. Prior engagement with the City of Lake Elmo f. Similar engagement with other governmental entities – reference with phone numbers g. Specific audit approach h. Identification of anticipated potential audit problems i. Report format 5. Executed copies of Proposer Guarantees and Proposer Warranties, attached to this request for proposal (Appendix A) 6. Schedule of Professional Fees and Expenses (Appendix B) Proposers should send the completed proposal to the following address: Susan Iverson, Finance Director City of Lake Elmo 3880 Laverne Ave N. Suite 100 Lake Elmo, MN 55042 VII. Evaluation Procedures A. Review of Proposals The City will review and discuss each proposal and may request oral presentations from one or more firms selected for further consideration. The City of Lake Elmo reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. 10 B. Oral Presentations During the evaluation process, the City may, at its discretion, request any one or all firms to make oral presentation. Such presentations will provide firms with an opportunity to answer any questions that City may have on a firm’s proposal. Not all firms may be asked to make such oral presentations. C. Final Selection It is anticipated that a firm will be selected by the City Council during its regularly scheduled meeting on November 20, 2018. D. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Lake Elmo and the firm selected. The City of Lake Elmo reserves the right without prejudice to reject any or all proposals. 11 APPENDIX A PROPOSER GUARANTIES The proposer certifies it can and will provide and make available, as a minimum, all services set forth in Section II, Nature of Service Required. PROPOSER WARRANTIES 1. Proposer warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non-State of Minnesota) corporations. 2. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof. 3. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Lake Elmo. 4. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: ______________________________________________________ Name (typed): ___________________________________________________________ Title ___________________________________________________________________ Firm: __________________________________________________________________ Date: ___________________________________________________________________ 12 APPENDIX B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2018 FINANCIAL STATEMENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL Partners _________ _________ _________ _________ Managers _________ _________ _________ _________ Supervisory Staff _________ _________ _________ _________ Staff _________ _________ _________ _________ Other (specify) _________ _________ _________ _________ Subtotal _________ Total for services described In Section II E of the RFP (Detail on subsequent pages) Out-of-pocket expenses _________ Meals and lodging _________ Transportation _________ Preparation of the CAFR _________ Other (Specify): _________________________________ _________ Total all-inclusive maximum price for 2018 audit (not including single audit) _________ Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. Single Audit (if needed) maximum price for 2018 _________ 13 APPENDIX B Page 2 of 2 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2018 FINANCIAL STATEMENTS Total all-inclusive (not including single audit) maximum price for: 2019 ________________ 2020 ________________ 2021 ________________ 2022 ________________ Total Single Audit (if needed) maximum price for: 2019 ________________ 2020 ________________ 2021 ________________ 2022 ________________ STAFF REPORT DATE: October 2, 2018 CONSENT ITEM #: 4 AGENDA ITEM: 2018 Street Improvements – Change Order No. 1 SUBMITTED BY: Amanda Groh, Project Engineer REVIEWED BY: Kristina Handt, City Administrator Jack Griffin, City Engineer ISSUE BEFORE COUNCIL: Should the City Council approve Change Order No. 1 for the 2018 Street Improvements? BACKGROUND: Valley Paving, Inc. was awarded a construction contract on May 15, 2018 to complete the 2018 Street Improvements project. Construction is in progress. PROPOSAL DETAILS/ANALYSIS: Valley Paving, Inc., has submitted a change order to revise the substantial completion date from September 21, 2018 to October 12, 2018 and revise the final completion date from October 26, 2018 to November 9, 2018. The extended contract completion period provides twenty-one (21) additional working days due to work delays caused by saturated soils during and following rain events. FISCAL IMPACT: None. This change order does not change the contract amount. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, Change Order No. 1 for the 2018 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 2018 Street Improvement Project, thereby revising the substantial completion date from September 21, 2018 to October 12, 2018 and revising the final completion date from October 26, 2018 to November 9, 2018”. ATTACHMENTS: 1. Change Order No. 1. STAFF REPORT DATE: October 2, 2018 CONSENT #5 TO: Mayor and City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: SafeAssure Contract BACKGROUND: The City has been contracting with SafeAssure for a number of years to provide safety training for staff and other OSHA compliance activities. ISSUE BEFORE COUNCIL: Should the Council approve a contract with SafeAssure for Oct.1, 2018-Sept 30, 2019? PROPOSAL DETAILS/ANALYSIS: A copy of the contract is included in your packet. FISCAL IMPACT: SafeAssure are requesting an increase of $64.24 for an annual contract rate of $3275.95 for the coming contract year. OPTIONS: 1) Approve 2018-2019 SafeAssure Contract 2) Do not approve 2018-2019 SafeAssure Contract RECOMMENDATION: If removed from the consent agenda: “Motion to approve the 2018-2019 contract with SafeAssure”. ATTACHMENT: 2018-2019 SafeAssure Contract STAFF REPORT DATE: October 2, 2018 CONSENT ITEM #: 6 AGENDA ITEM: East Metro Water Resource Education Program (EMWREP) – Renew 2019-2021 Shared Water Resource Education Program Agreement SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council renew the 2019-2021 Shared Water Resource Education Program Agreement with East Metro Water Resource Education Program (EMWREP)? BACKGROUND, PROPOSAL DETAILS/ANALYSIS: The East Metro Water Resource Education Program (EMWREP) was formed in 2006 to develop and implement a shared education program about the impacts of non-point source pollution on local lakes, rivers, streams, wetlands and groundwater resources and to engage people in projects that will help to protect and improve water quality in the region. In addition to educating the public, EMWREP also provides training for city, county and watershed staff and local elected officials. EMWREP is a partnership of 25 local units of government located in the east metro area including Brown’s Creek, Carnelian-Marine-St Croix, Comfort-Lake Forest Lake, Rice Creek, Ramsey-Washington Metro, South Washington, and Valley Branch Watershed Districts, Middle St. Croix Watershed Management Organization, the cities of Cottage Grove, Dellwood, Grant, Forest Lake, Hugo, Lake Elmo, Newport, Oak Park Heights, Oakdale, Stillwater, St. Paul Park, Willernie, and Woodbury, West Lakeland Township, Washington County and the Washington Conservation District. Partnership with EMWREP substantially meets Lake Elmo’s education and outreach permit requirements as a Municipal Separate Storm Sewer System (MS4) City. Each year, the EMWREP coordinator prepares an annual report on program activities and provides outreach data and statistics for partners’ MS4 Permit reports. FISCAL IMPACT: $2,700.00. Increased from $2,500 for the 2016-2018 Agreement. The EMWREP contribution is funded through the Surface Water-Storm Water Enterprise Fund (603). RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the 2019-2021 Agreement with Washington County Conservation District to participate in the East Metro Water Resource Education Program (EMWREP) with an annual contribution amount of $2,700. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve the 2019-2021 Agreement with Washington County Conservation District to participate in the East Metro Water Resource Education Program with an annual contribution amount of $2,700.” ATTACHMENTS: 1. 2019-2021 EMWREP Agreement with Washington County Conservation District. __________________________________________________________________________________ 2019-2021 Shared Water Resource Education Program Agreement Contract Number: 19-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2019-2021 EAST METRO WATER RESOURCE EDUCATION PROGRAM A. PARTIES This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Resource Education Program, hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to the East Metro Water Resource Education Program. Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County. B. PURPOSE WHEREAS, the PARTNER and the HOST have a common objective of educating the citizens of the Twin Cities east metro area about water resource, stormwater, and groundwater management in order to improve water quality; and WHEREAS, the PARTNER has identified a need for education assistance; and WHEREAS, 8 watershed organizations in Washington County have education components in their respective watershed management plans; and WHEREAS, 25 communities, including multiple watersheds and the County, in Washington County are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations; and WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. §§ 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2019 to December 31, 2021 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST will coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. __________________________________________________________________________________ 2019-2021 Shared Water Resource Education Program Agreement Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resource Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual Workplan, Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will be defined in the Annual Workplan developed as described in Exhibit A. PARTNER-specific services will constitute approximately 15% of the total Annual Workplan. Eighty-five (85) percent of the total Annual Workplan will be committed to shared, multi-jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement, the PARTNER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in Exhibit B with contributions outlined in Paragraph G. If all PARTNER contributions total less than the Total Budget, educational material expenses not otherwise paid for will not be incurred. PARTNER’s annual contribution may be increased from the amount stated in the Signature Page at the end of the Agreement only with approval of PARTNER’s governing body. In the case that overall contributions of funding from all of the PARTNERS exceeds the budget in Exhibit B by less than 20%, the excess contributions will be used to fund additional educational materials or support staff. Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by 20%, the PARTNERS have the option of having their proportional amount of the excess budget refunded or can direct the funds to be used for EMWREP activities. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure: County: $12,800/year Small Watershed Districts (Taxable Market Value < $1 Billion): $12,800/year Medium Watershed Districts (TMV $1-5 Billion): $19,300/year Large Watershed Districts (TMV >$5 Billion): $25,000/year Watershed Management Organizations: $6,300/year Large MS4 Cities: $2,700/year (Population > 5,000) Small MS4 Cities: $700/year (Population < 5,000) In-kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $12,800 of in-kind match to the program per year. As shown in Exhibit B, PARTNER contributions will be reviewed and adjusted on an annual basis, as needed. H. PAYMENTS 1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget as established in accordance with the Annual Workplan (the combined __________________________________________________________________________________ 2019-2021 Shared Water Resource Education Program Agreement contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERs. I. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST’s performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, rules and regulations and as they may be amended. L. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. M. INDEMNITY No party to this Agreement agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision 1a. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board members, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys’ fees) to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party. N. INDEPENDENT CONTRACTOR __________________________________________________________________________________ 2019-2021 Shared Water Resource Education Program Agreement It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The HOST represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of any work or services required by the HOST under this Agreement, shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled as a material alteration. P. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph O above concerning a non-material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER’S execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreement may withdraw participation on an agreement-year basis with 60 days written notice to HOST prior to the annual anniversary date of the Agreement, with the actual termination date falling on the anniversary date. Pro-rated contributions will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS of any PARTNER’s termination. Termination by any one PARTNER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate funds to deliver the work products generally described in Exhibit A, the HOST will terminate the Agreement effective the anniversary date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement in whole and pro-rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or a PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the individual right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of the HOST. __________________________________________________________________________________ 2019-2021 Shared Water Resource Education Program Agreement CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Lake Elmo Annual Contribution Amount: $2,700 Contract start date: January 1, 2019 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER HOST BY: ____________________________________ BY:_____________________________________ Board Chair Date ____________________________________ Title BY: ____________________________________ BY:_____________________________________ WCD Manager Date ____________________________________ Title Approval as to form and execution: _________________________________________ Date __________________________________________________________________________________ 2019-2021 Shared Water Resource Education Program Agreement EXHIBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire, employ and supervise the Water Resource Educator/s that will successfully serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education Program. This person shall actively participate in the Steering Committee and assist in employee selection, Annual Workplan Development, and other tasks as needed. 2. Provide funds for the East Metro Water Resource Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: 1. Prepare, coordinate, and revise East Metro Water Resource Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education Program. Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such anticipated activities as presentations, workshops, in-field training, demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the East Metro Water Resource Education Program. 6. Coordinate with “Watershed Partners” and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information for web-based East Metro Water Resource Education Program. 8. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating East Metro Water Resource Education Program members __________________________________________________________________________________ 2019-2021 Shared Water Resource Education Program Agreement EXHIBIT B BUDGET Shared Water Resource Education Program - Washington Conservation District Annual Budget Staff Support and Overhead Expenses Materials Total $144,200 $10,000 $154,200.00 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS* * PARTNER contributions will be reviewed and adjusted on an annual basis, as needed and in accordance with the terms of the Agreement. PARTNER Annual Contribution SWWD $25,000   VBWD $19,300   BCWD $19,300   CLFLWD $19,300   CMSCWD $12,700   RWMWD $12,700   RCWD $3,000   Washington County $12,800   MSCWMO $6,300   Cottage Grove $2,700   Forest Lake $2,700   Lake Elmo $2,700   Hugo $2,700   Oakdale $2,700   Stillwater $2,700   Woodbury $2,700   Dellwood $700   Grant $700   Newport $700   Oak Park Heights $700   St. Paul Park $700   West Lakeland $700   Willernie $700   TOTAL $154,200.00   STAFF REPORT DATE: October 2, 2018 REGULAR/PUBLIC HEARING ITEM #: 7 AGENDA ITEM: Old Village Phase 3 Street and Utility Improvements – Assessment Hearing on Improvements and Adopting the Final Assessment Roll SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sue Iverson, Finance Director Sarah Sonsalla, City Attorney Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council hold the final assessment hearing for the Old Village Phase 3 Street and Utility Improvements and, after closing the hearing, adopt the final assessment roll? BACKGROUND: The City of Lake Elmo is extending sanitary sewer to serve the existing properties in the Old Village area to replace the use of private on-site sewage treatment systems. The projects also include regional drainage improvements to address historic flooding issues in the Downtown area, the replacement of aged watermain pipes and reconstructing the public streets that are disturbed during the work. The Improvements are being constructed in phases and through separate projects. The Old Village Phase 3 Street and Utility Improvements project was constructed in 2017 and 2018 and the work is now complete. On September 4, 2018, the City Council approved a Resolution declaring the costs to be assessed, ordering the preparation of the proposed assessment, and calling for the hearing on proposed assessment for the Old Village Phase 3 Street and Utility Improvements. Mailed notice has been provided to each assessed property and notice of the public hearing has been published in the local paper. PROPOSAL DETAILS/ANALYSIS: Pursuant to Minnesota Statutes, Section 429 the Council must declare the amount to be assessed against the benefitting properties and the Hearing on the proposed assessment for these improvements must be conducted. Staff has attached a Final Assessment Roll which must be certified to the County Auditor by November 30, 2018. The Final Assessment Rolls have been calculated based on the final project costs and in accordance with the City’s Special Assessment Policy. The total project cost, at completion, is $2,052,500; down from the feasibility report cost of $2,498,100. The table below summarizes the preliminary unit assessment from the feasibility report and the proposed final unit assessment. For the Laverne Avenue commercial area, the final street and drainage unit assessment has been calculated using 100% of the total Street and Drainage Improvement project costs, assessed per lineal front foot. However, this portion of the project cost exceeded the feasibility report estimate and the unit assessment is not allowed to be increased. Therefore, the feasibility report unit assessment for the commercial properties was held at the preliminary assessment amount of $205 / linear foot or 93% of the total project costs. Laverne Avenue Area, North of CSAH14 Feasibility Report Assessment Rate Final Assessment Rate Difference Street and Storm Sewer Improvements $205 / Linear Foot $205 / Linear Foot $0 Sanitary Sewer Improvements $11,300 / SAC $11,300 / SAC $0 Watermain Assessment Rate $0 $34,837* $34,837 *The owner of 3825 Lake Elmo Avenue North requested water service be extended to their property and signed a waiver of assessment to complete the work. For the 31st Street neighborhood, the street and drainage improvements were assessed at 30% of the total project costs, assessed per unit (or residential household). In accordance with the City assessment policy, one property is being assessed 50% of the unit assessment because they have a driveway access to two different streets and will be assessed for improvements to each street project. 31st Street Neighborhood Feasibility Report Assessment Rate Final Assessment Rate Difference Street and Storm Sewer Improvements $8,700 $6,900 ($1,800) Sanitary Sewer Improvements $11,300 / SAC $11,300 / SAC $0 FISCAL IMPACT: The total project cost is $2,052,500 with the City cost share at $890,838, including $447,075 for the street and drainage improvements and $418,063 for watermain improvements. The remaining costs are proposed to be assessed against the benefitting properties consistent with the City’s Special Assessment Policy including proposed assessments in the amount of $567,225 for the street and drainage improvements, $983,100 for the sanitary sewer improvements, and $34,837 for watermain improvements. The remainder of watermain improvements will be funded through the water enterprise fund and the trail improvements will be funded through the park funds. RECOMMENDATION: Staff is recommending that the City Council approve a resolution adopting the Final Assessment Roll for the Old Village Phase 3 Street and Utility Improvements. The recommended motion for this action is as follows: “Move to approve Resolution No. 2018-111, Adopting the Final Assessment Roll for the Old Village Phase 3 Street and Utility Improvements.” ATTACHMENTS: 1. Resolution Adopting the Final Assessment Roll on Street Improvements. 2.Notice of Hearing on Proposed Assessment. 3.Final Assessment Roll. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-111 A RESOLUTION ADOPTING THE FINAL ASSESSMENT ROLL FOR OLD VILLAGE PHASE 3 STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the Old Village Phase 3 Street, Drainage, and Utility Improvements including street, drainage, watermain and sanitary sewer improvements along 31st Street North, Laverne Court, Layton Court, and Laverne Avenue North. NOW, THEREFORE, BE IT RESOLVED, 1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over 15 years for street and drainage improvements and 20 years for watermain and sanitary sewer improvements, the first of the installments to be payable on or before the first Monday in January, 2019 and shall bear interest at the rate of 3.26% percent per annum from the adoption date of this assessment resolution for the street and drainage improvements and sanitary sewer improvements, and shall bear interest at the rate of 3.30% percent per annum from the adoption date of this assessment resolution for the watermain improvements. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2018. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3.The owner of any property so assessed may, at any time prior to the certification of the assessment to the county auditor, pay the whole of the assessment on such property, with the interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 31 or interest will be charged through December 31 of the next succeeding year. 4.The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SECOND DAY OF OCTOBER, 2018. CITY OF LAKE ELMO By: __________________________ (Seal) Mike Pearson ATTEST: Mayor ________________________________ Julie Johnson City Clerk CITY OF LAKE ELMO NOTICE OF HEARING ON PROPOSED ASSESSMENT OLD VILLAGE PHASE 3 STREET AND UTILITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the Council Chambers of the City Hall at or approximately after 7:00 P.M. on Tuesday, October 2, 2018, to consider, and possibly adopt, the proposed assessment against abutting property for the Old Village Phase 3 Street and Utility Improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The following describes the area proposed to be assessed: • Street, drainage, and sidewalk improvements along Laverne Avenue, from 39th Street North to CSAH 14. • Street and drainage improvements along 31st Street North, from CSAH 17 to the east end; Laverne Court North, from 31st Street North to south cul-de-sac; and Layton Court North, from 31st Street North to south cul-de-sac. • Sanitary sewer improvements to the Lake Elmo Elementary School, City Hall and the Westbrook Building (3825 Lake Elmo Avenue) as well as extending sanitary sewer along Laverne Avenue, from 39th Street North to CSAH 14; 31st Street North, from CSAH 17 to the east end; Laverne Court North, from 31st Street North to south cul-de-sac; and Layton Court North, from 31st Street North to south cul-de-sac. • Watermain improvements to the Westbrook Building (3825 Lake Elmo Avenue). You may at any time prior to certification of the assessment to the county auditor on November 15, 2018, pay the entire assessment on such property to the City Clerk with interest accrued to the date of payment. No interest shall be charged if the entire assessment is paid to the City Clerk within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 31 (date assessment certified to County Auditor) or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 3.26 percent per year. Once assessments are certified to the County, the assessments are payable in equal annual installments extending over a period of 15 years for street and drainage improvements and 20 years for sanitary sewer improvements, the first of the installments to be payable on or before the first Monday in January 2019 and will bear interest at the rate of 3.26 percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The proposed assessment roll is on file for public inspection at the City Clerk’s office. The total amount of the proposed street improvement assessment is $567,225. The total amount of the proposed sanitary sewer improvement assessment is $983,100. The total amount of the proposed watermain improvement assessment is $34,837. The City contribution for the overall improvement project is $890,838. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. The City Council is authorized in its discretion to defer the payment of an assessment for any homestead property owned by a person for whom it would be a hardship to make payment if the owner is 65 years of age or older and/or the owner is a person retired by virtue of a permanent and total disability or by a person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in section 190.05 subdivision 5b or 5c, as stated in the person’s military orders, for whom it would be a hardship to make the payments. The owner must request a deferment of the assessment at or before the public hearing at which the assessment is adopted and make application on forms prescribed by the City Clerk within 30 days after the adoption. Notwithstanding the standards and guidelines established by the City for determining a hardship, a deferment of an assessment may be obtained pursuant to Minnesota Statutes Section 435.193. DATED: September 4, 2018 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mike Pearson, Mayor (Published in the Oakdale-Lake Elmo Review on September 12, 2018) CITY OF LAKE ELMO, MN. SEPTEMBER 2018 OLD VILLAGE PHASE 3: STREET AND UTILITY IMPROVEMENTS 31ST STREET NEIGHBORHOOD FINAL ASSESSMENT ROLL STREET AND DRAINAGE AND SANITARY SEWER ASSESSMENT ROLL PAGE 1 of 1 NO. NAME PID TOTAL  ASSESSMENT  AMOUNT STREET &  DRAINAGE  ASSESSMENT  AMOUNT SANITARY  SEWER  ASSESSMENT  AMOUNT SAC 1 KELLY LISA M & JOHN W 11200 31ST ST N 11200 31ST ST N LAKE ELMO MN 55042 1302921330032 18,200.00$        6,900.00$          11,300.00$       1 2 SACHS RICHARD J & DEBORAH J 11212 31ST ST N 11212 31ST ST N LAKE ELMO MN 55042 1302921330033 18,200.00$        6,900.00$          11,300.00$       1 3 TERRELL SARA A 11230 31ST ST N 11230 31ST ST N LAKE ELMO MN 55042 1302921330034 18,200.00$        6,900.00$          11,300.00$       1 4 COSTELLO PAUL T 11252 31ST ST N 11252 31ST ST N LAKE ELMO MN 55042 1302921340011 18,200.00$        6,900.00$          11,300.00$       1 5 CRIEGO GAIL A 11272 31ST ST N 11272 31ST ST N LAKE ELMO MN 55042 1302921340012 18,200.00$        6,900.00$          11,300.00$       1 6 KENT S TARBUTTON TRS 11292 31ST ST N 7656 BIRMINGHAM FOREST DR FRISCO TX 75034 1302921340013 18,200.00$        6,900.00$          11,300.00$       1 7 BURNS AMY P 11306 31ST ST N 11306 31ST ST N LAKE ELMO MN 55042 1302921340014 18,200.00$        6,900.00$          11,300.00$       1 8 WAGONER BRIAN K & ELIZABETH A FLAMO WAGONER 11334 31ST ST N 11334 31ST ST N LAKE ELMO MN 55042 1302921340015 18,200.00$        6,900.00$          11,300.00$       1 9 DUPIUS LUC M & ROCHELLE M MCCUNE 3151 LAKE ELMO AVE N PO BOX 34 LAKE ELMO MN 55042 1302921330009 3,450.00$          3,450.00$          ‐$                   0 10 BLOOMQUIST ERIN C & LEE C 11225 31ST ST N 11225 31ST ST N LAKE ELMO MN 55042 1302921330035 18,200.00$        6,900.00$          11,300.00$       1 11 PRITCHARD KENNETH L & AUDRA L 11269 31ST ST N 11269 31ST ST N LAKE ELMO MN 55042 1302921340017 18,200.00$        6,900.00$          11,300.00$       1 12 SCORE BLAKE N & BRENDA K 11295 31ST ST N 11295 31ST ST N LAKE ELMO MN 55042 1302921340016 18,200.00$        6,900.00$          11,300.00$       1 13 WILLIAM C HJELMGREN TRS 3153 LAYTON CT N 3153 LAYTON CT N LAKE ELMO MN 55042 1302921340020 18,200.00$        6,900.00$          11,300.00$       1 14 KECK BRIAN W & SCHILTGEN MOLLY 3127 LAYTON CT N 3127 LAYTON CT N LAKE ELMO MN 55042 1302921340021 18,200.00$        6,900.00$          11,300.00$       1 15 MENENDEZ ARMANDO & ELLA S 3105 LAYTON CT N 3105 LAYTON CT N LAKE ELMO MN 55042 1302921340022 18,200.00$        6,900.00$          11,300.00$       1 16 MATTILA JOSHUA & JESSICA 3091 LAYTON CT N 3091 LAYTON CT N LAKE ELMO MN 55042 1302921340025 18,200.00$        6,900.00$          11,300.00$       1 17 IRENE DAU TRS AGR 3081 LAYTON CT N 3081 LAYTON CT N LAKE ELMO MN 55042 1302921340030 18,200.00$        6,900.00$          11,300.00$       1 18 KINDLER BRIAN T 3084 LAYTON CT N 3084 LAYTON CT N LAKE ELMO MN 55042 1302921340029 18,200.00$        6,900.00$          11,300.00$       1 19 KOFOED DONALD E & CAROL A 3094 LAYTON CT N 3094 LAYTON CT N LAKE ELMO MN 55042 1302921340026 18,200.00$        6,900.00$          11,300.00$       1 20 GLANZER RICHARD D & EILEEN S 3112 LAYTON CT N 3112 LAYTON CT N LAKE ELMO MN 55042 1302921340019 18,200.00$        6,900.00$          11,300.00$       1 21 AUDREY L OLSEN TRS 3124 LAYTON CT N 3124 LAYTON CT N LAKE ELMO MN 55042 1302921340018 18,200.00$        6,900.00$          11,300.00$       1 22 KNOLL CRAIG M & DIANE C 3127 LAVERNE CT N 3127 LAVERNE CT N LAKE ELMO MN 55042 1302921340023 18,200.00$        6,900.00$          11,300.00$       1 23 MAGISTAD JOHN M & AMY T 3115 LAVERNE CT N 3115 LAVERNE CT N LAKE ELMO MN 55042 1302921340024 18,200.00$        6,900.00$          11,300.00$       1 24 MADSEN STEPHEN & ANNE M SCHLOEGEL 3099 LAVERNE CT N 3099 LAVERNE CT N LAKE ELMO MN 55042 1302921340027 18,200.00$        6,900.00$          11,300.00$       1 25 LUCILLE C ZIGNEGO TRS 3081 LAVERNE CT N 3081 LAVERNE CT N LAKE ELMO MN 55042 1302921340028 18,200.00$        6,900.00$          11,300.00$       1 26 SNOWELL N RALEIGH REV TRS 3074 LAVERNE CT N 3074 LAVERNE CT N LAKE ELMO MN 55042 1302921340033 18,200.00$        6,900.00$          11,300.00$       1 27 GEVING NANCY E 3124 LAVERNE CT N 3124 LAVERNE CT N LAKE ELMO MN 55042 1302921330036 18,200.00$        6,900.00$          11,300.00$       1 TOTAL 476,650.00$     182,850.00$     293,800.00$     ADDRESS MAILING ADDRESS CITY OF LAKE ELMO, MN. SEPTEMBER 2018 OLD VILLAGE PHASE 3: STREET AND UTILITY IMPROVEMENTS LAVERNE AVENUE AREA FINAL ASSESSMENT ROLL STREET, SANITARY SEWER, AND WATERMAIN ASSESSMENT ROLL PAGE 1 of 1 NO. NAME PID TOTAL  ASSESSMENT  AMOUNT STREET,  DRAINAGE,  SIDEWALK  ASSESSMENT  AMOUNT STREET  FRONT  FOOTAGE SANITARY  SEWER  ASSESSMENT  AMOUNT SAC WATERMAIN  ASSESSMENT  AMOUNT 1 ISD 834 STILLWATER 1875 GREELY ST S STILLWATER MN 55082 1302921220001 20,500.00$          20,500.00$        100 ‐$                    0 2 ISD 834 STILLWATER 11030 STILLWATER BLVD N 1875 GREELY ST S STILLWATER MN 55082 1302921230001 474,600.00$        ‐$                    0 474,600.00$      42 3 WESTBROOK ASSOCIATES 3825 LAKE ELMO AVE N PO BOX 36 STILLWATER MN 55082 1302921220002 80,037.00$          ‐$                    0 45,200.00$        4 34,837.00$        4 CITY OF LAKE ELMO 3800 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921220009 44,920.00$          33,620.00$        164 11,300.00$        1 5 CITY OF LAKE ELMO 3880 LAVERNE AVE N 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921220026 46,125.00$          46,125.00$        225 ‐$                    0 6 CITY OF LAKE ELMO 3880 LAVERNE AVE N LAKE ELMO MN 55042 1302921220025 25,625.00$          25,625.00$        125 ‐$                    0 7 EXCEL PARTNERS LLC 11343 39TH ST N 11343 39TH ST N LAKE ELMO MN 55042 1302921220008 56,785.00$          56,785.00$        277 ‐$                    0 8 RULE 36 LMDT PARTNRSHP DULUTH 3819 LAVERNE AVE N 600 25TH AVE S #105 ST. CLOUD MN 56301 1302921220007 81,050.00$          47,150.00$        230 33,900.00$        3 9 LEONARD INVESTMENTS LLC 11144 STILLWATER BLVD N 1000 CONCORD ST S SOUTH ST. PAUL MN 55075 1302921230004 124,330.00$        79,130.00$        386 45,200.00$        4 10 THARROS LLC 11200 STILLWATER BLVD N #100 4350 MCDONALD DRIVE CT N STILLWATER MN 55082 1302921220016 13,667.50$          9,430.00$          46 4,237.50$          0.375 11 NORTHERN LIGHTS INFO SYS LLC 11200 STILLWATER BLVD N #101 11200 STILLWATER BLVD N #101 LAKE ELMO MN 55042 1302921220017 13,667.50$          9,430.00$          46 4,237.50$          0.375 12 ERBAN DOROTHY DAVIDSON 11200 STILLWATER BLVD N #102 3748 OAKGREEN AVE N STILLWATER MN 55082 1302921220018 13,667.50$          9,430.00$          46 4,237.50$          0.375 13 ERBAN DOROTHY DAVIDSON 11200 STILLWATER BLVD N #103 3748 OAKGREEN AVE N STILLWATER MN 55082 1302921220019 13,667.50$          9,430.00$          46 4,237.50$          0.375 14 FLACKEY DEAN E 11200 STILLWATER BLVD N #104 532 OLD HWY 35 HUDSON WI 54016 1302921220020 13,667.50$          9,430.00$          46 4,237.50$          0.375 15 STROP BRIAN A & DENISE M 11200 STILLWATER BLVD N #105 2930 30TH STREET CIRCLE N LAKE ELMO MN 55042 1302921220021 13,667.50$          9,430.00$          46 4,237.50$          0.375 16 HOBBY FARMS INC 11200 STILLWATER BLVD N #106 11550 STILLWATER BLVD N #123 LAKE ELMO MN 55042 1302921220022 13,667.50$          9,430.00$          46 4,237.50$          0.375 17 SCMC PROPERTIES LLC 11200 STILLWATER BLVD N #107 11200 STILLWATER BLVD N #107 LAKE ELMO MN 55042 1302921220023 13,667.50$          9,430.00$          46 4,237.50$          0.375 18 D3PL PROPERTIES LLC 11240 STILLWATER BLVD N 11240 STILLWATER BLVD N LAKE ELMO MN 55042 1302921210006 45,200.00$          ‐$                    0 45,200.00$        4 TOTAL 1,108,512.00$    384,375.00$     689,300.00$     34,837.00$        ASSESSABLE PROPERTY ADDRESS MAILING ADDRESS STAFF REPORT DATE: October 2, 2018 REGULAR #8 AGENDA ITEM: Repossess Outlot F for Sanctuary Neighborhood SUBMITTED BY: Kristina Handt, City Administrator BACKGROUND: As discussed at the April wok session, Outlot F in the Sanctuary Development has gone into tax forfeiture. The Homeowners Association (HOA) would like to gain ownership of the property since their community septic system is located there. In trying to gain back ownership the HOA contacted Washington County who informed them there were essentially two options to regain ownership. Option 1. Wait for the property to go up for auction and attempt to buy it back. But they risk not being highest bidder. Option 2. The City buy the property from Washington County at a value of $10,000 and then deed it over to the HOA. (There will be other fees associated with this transfer – see Fiscal Impact section) The HOA president had reached out to the City for help in obtaining the property through option 2. Since April when Council gave direction to move forward with purchasing the parcel in exchange for a minor subdivision for the portion likely needed for the TH36/Manning Interchange, staff has reached out to the MN Land Trust and found they would not be willing to amend the conservation easement over the portion needed for the interchange unless judicial action was taken. Therefore, rather than a subdivision a Memorandum of Understanding between the City and HOA is proposed. ISSUE BEFORE COUNCIL: Should the City Council Purchase Outlot F in Sanctuary and convey it to the HOA under the terms in the Memorandum of Understanding? PROPOSAL DETAILS/ANALYSIS: The council may request to buy the property through resolution in the amount of $10,000. In addition to approving the purchase, the resolution also approves the Memorandum of Understanding (MOU). The MOU lays out the costs (Washington County costs and City costs) that the HOA will pay, addresses the conveyance of the property from the City to the HOA and the future right of way area needed for the TH36/Manning Interchange. Once the MOU is approved by the City and the HOA, then the resolution would be sent to Washington County for the City to purchase the property. After the City purchases the property it would be conveyed to the HOA. FISCAL IMPACT: Though the price for the property is $10,000 there are other fees associate with the process. 1. Basic Sale Price $10,000 2. State Deed Fee $25 3. 3% Surcharge $300 4. State Deed Tax $33 5. County Recording Fee $46 6. Agricultural Conservation Fee $5 Total Cost for All Fees and Sale Price $10,409 In addition, staff estimates a not to exceed costs of $5,000 to cover the legal time into the process so far and additional costs the city will incur in the transfer to the HOA. The estimate is high as a precaution and staff would expect it to be about $1,000 less provided the purchase agreement process goes smoothly. All of the costs incurred by the City are expected to be reimbursed by the HOA. OPTIONS: 1)Approve Resolution No 2018-112 2)Amend and then Approve Resolution No 2018-112 3)Do not agree to purchase Outlot F RECOMMENDATION: “Motion to Approve Resolution No 2018-112.” ATTACHMENTS - Resolution No 2018-112 - Memorandum of Understanding 1 451829v1 SJS NE300-169 MEMORANDUM OF UNDERSTANDING REGARDING OUTLOT F, ST. CROIX’S SANCTUARY This Memorandum of Understanding (this “MOU”) is made this ___ day of _____________, 2018, by and between the City of Lake Elmo, a Minnesota municipal corporation (the “City”) and Sanctuary of Lake Elmo Homeowners Association, a Minnesota nonprofit corporation (“Sanctuary HOA”). RECITALS WHEREAS, in 2005, the plat of “St. Croix’s Sanctuary” was approved by the City and recorded in Washington County, Minnesota (the “Subdivision”); and WHEREAS, the Subdivision consists of numerous residential lots and outlots; and WHEREAS, Outlot F of the Subdivision (“Outlot F”) contains the community septic system for the residential lots of the Subdivision and all homes within the Subdivision use the system; and WHEREAS, Outlot F was owned by Sanctuary LLC which was operated by Case Arkel, the original developer of the Subdivision; and WHEREAS, Outlot F was not conveyed by Sanctuary LLC to Sanctuary HOA and eventually went into tax forfeiture; and WHEREAS, Outlot F will be auctioned off by Washington County at a tax forfeiture sale and Sanctuary HOA risks not being the highest bidder; and WHEREAS, the City is able to purchase Outlot F from Washington County prior to it being sold to the public; and WHEREAS, Sanctuary HOA has requested that the City purchase Outlot F from Washington County and then convey it to the Sanctuary HOA; and WHEREAS, a portion of Outlot F will be needed by the City in the future for right-of-way purposes; and 2 451829v1 SJS NE300-169 WHEREAS, the City is willing to purchase Outlot F and convey it to Sanctuary HOA provided that Sanctuary HOA convey, at such date that the City requests, any portion of Outlot F that the City determines, in its sole discretion, is needed for right-of-way purposes; and NOW, THEREFORE, on the basis of the mutual covenants and agreements hereinafter provided, it is hereby agreed by and between the parties hereto as follows: 1. The City agrees to purchase Outlot F from Washington County. The purchase price for Outlot F shall not exceed $10,000. 2. Once the City receives Outlot F from Washington County, it will convey Outlot F to Sanctuary HOA for $10,000. The parties agree to enter into a purchase agreement for the conveyance. Sanctuary HOA agrees to be responsible for all costs of the conveyance both from Washington County to the City and from the City to Sanctuary HOA, including closing costs (recording fees, title work (if requested), deed taxes, conservation fees, etc.), subdivision costs, the City’s legal costs associated with this transaction and the drafting of this MOU, not to exceed $5,000.00. 3. Subsequent to the City’s conveyance of Outlot F to Sanctuary HOA, the City may decide that it needs a portion of Outlot F for future right-of-way purposes (“ROW Property”). However, the parties anticipate that, at the time the City conveys Outlot F to Sanctuary HOA, the size and location of the ROW Property will be uncertain. Therefore, in lieu of the City reserving a portion of Outlot F for this potential project, the City and Sanctuary HOA agree that Sanctuary HOA shall convey, at such date that the City requests, any portion of Outlot F that the City determines, in its sole discretion, is needed for right-of-way purposes to the City or its assignee, with the exception of the area in which the septic drainfield is located. The area in which the septic drainfield is located is generally depicted on the attached Exhibit A. The City’s rights under this MOU are assignable without the consent of Sanctuary HOA. 4. The City may acquire the ROW Property by condemnation action or by deed-in-lieu of condemnation. Regardless of the process, Sanctuary HOA shall agree that the total damages and compensation, including, without limitation, severance damages to the remainder, interest, appraisal, and legal fees, for the ROW Property shall be no more than $10.00. Sanctuary HOA hereby waives any and all rights to an appraisal or pre-condemnation negotiation under Minnesota Statutes Section 117.036 and any and all objections to the project’s public purpose and necessity. Sanctuary HOA shall be responsible for any costs, including without limitation, attorneys’ fees, appraisal fees, and expert fees, not to exceed $35,000.00, but excluding survey costs incurred by the City or its assignee, associated with the acquisition of the ROW Property from Sanctuary HOA, whether by condemnation action or deed-in-lieu of condemnation. 5. Sanctuary HOA in no manner waives its rights to require and receive any payment of just and adequate compensation from any entity for any acquisition of any portion of Outlot F that the City determines, in its sole discretion, to not be necessary for right-of-way purposes. 6. This MOU is binding on both parties and their successors and assigns. It shall be recorded in the property records of Washington County, Minnesota and shall run with the land. 3 451829v1 SJS NE300-169 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year written above. CITY OF LAKE ELMO By: ____________________________ Mike Pearson Its: Mayor By: ____________________________ Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of __________, 2018, by Mike Pearson and Julie Johnson, the Mayor and the City Clerk, respectively, of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the City. Notary Public 4 451829v1 SJS NE300-169 SANCTUARY OF LAKE ELMO HOMEOWNERS ASSOCIATION By: _____________________________ Its: _____________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ___ day of __________, 2018, by ______________, the __________________, of Sanctuary of Lake Elmo Homeowners’ Association, a Minnesota nonprofit corporation, on behalf of the corporation. Notary Public This document was drafted by: Kennedy & Graven, Chartered (SJS) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 521986v4 SJS LA515-44 A-1 EXHIBIT A Depiction of the Location of the Septic Drainfield on Outlot F 1 537226v1 SJS LA515-44 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-109 A RESOLUTION APPROVING THE PURCHASE OF OUTLOT F, ST. CROIX’S SANCTUARY AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SANCTUARY OF LAKE ELMO HOMEOWNERS ASSOCIATION REGARDING THE CONVEYANCE THEREOF WHEREAS, in 2005, the plat of “St. Croix’s Sanctuary” was approved by the City and recorded in Washington County, Minnesota (the “Subdivision”); and WHEREAS, the Subdivision consists of numerous residential lots and outlots; and WHEREAS, Outlot F of the Subdivision contains the community septic system for the residential lots of the Subdivision and all homes within the Subdivision use the system; and WHEREAS, Outlot F of the Subdivision (“Outlot F”) was owned by Sanctuary LLC which was operated by Case Arkel, the original developer of the Subdivision; and WHEREAS, Outlot F was not conveyed by Sanctuary LLC to Sanctuary of Lake Elmo Homeowners Association (“Sanctuary HOA”) and eventually went into tax forfeiture; and WHEREAS, Outlot F will be auctioned off by Washington County unless the City is able to purchase Outlot F prior to it being sold to the public; and WHEREAS, Sanctuary HOA has requested that the City purchase Outlot F from Washington County and then convey it to Sanctuary HOA; and WHEREAS, a portion of Outlot F will be needed by the City in the future for right-of-way purposes; and WHEREAS, the City is willing to purchase Outlot F and convey it to Sanctuary HOA provided that Sanctuary HOA enter into a memorandum of understanding regarding the conveyance of Outlot F by the City to the HOA and the reconveyance of a portion of Outlot F by Sanctuary HOA to the City in the event that it is needed for right-of-way purposes; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Memorandum of Understanding between the City and Sanctuary HOA is hereby approved. 2. Upon execution of the Memorandum of Understanding by both parties, the City will purchase Outlot F from Washington County and pay any fees associated with the 2 537226v1 SJS LA515-44 purchase. The purchase price for Outlot F shall not exceed $10,000 and fees from Washington County shall not exceed $409 for a total expense of $10,409. Passed and duly adopted this ____ day of October, 2018 by the City Council of the City of Lake Elmo, Minnesota. ____________________________ Mike Pearson, Mayor ATTEST: ____________________________ Julie Johnson, City Clerk STAFF REPORT DATE: October 2, 2018 ITEM #: 9 TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Savona Park Free Little Library BACKGROUND: A resident has reached out to the City proposing to erect a free library in Savona Park. The Parks commission has had a chance to review the proposal and recommends approval of the installation as well as the recommendations from Staff. ISSUE BEFORE COMMISSION: Should the Council accept the donation of a Little Free Library at Savona Park? PROPOSAL DETAILS/ANALYSIS: For maintenance reasons staff will ask that the supporting post for the library be at least six feet from the curb of the playground and at least three feet from the walking path. Beyond that there are no further comments on behalf of staff. Staff was also asked to look into the structure for ADA accessibility. At this point there is nothing specific established for little libraries. However, staff is inclined to ask that the bottom of the structure be no more than 41-45 inches off the ground. Attached to this staff report is a location map showing where the resident is proposing to place the free library. The resident will construct the free library and put it up. The resident has also signed a form that says the City will not be responsible for maintenance and will not be liable for damage to the structure. FISCAL IMPACT: The resident has stated on the donation/liability form that the City will not be liable for costs or maintenance associated with the project. OPTIONS: 1)Approve Resolution No 2018-113 2)Amend and then Approve Resolution No 2018-113 3)Do not approve the resolution to accept the little free library RECOMMENDATION: “Motion to approve Resolution No 2018-113 Accepting a Little Free Library in Savona Park.” ATTACHMENTS: •Photos of location in Savona. •Donation From •Checklist for accepting donations CHECKLIST FOR ACCEPTING DONATIONS Policy: For gifts of any size the appropriate committee is to evaluate whether it is in the City’s best interest to accept the bequest. In order to assist the committee in evaluating the impact of accepting the gift, the following checklist has been prepared. (1) Is the gift of lasting value to the community? Staff believes it does provide value. (2) Does it create potential liability issues for the City? That is, will people walk on it, sit on it, or under it? Will construction be inspected, is construction up to current standards (ADA accessible, for example?) Are the materials used acceptable for public construction? The materials will be wood. It was stated that the box will be made of wood as well as the post to hold up the box. (3) Will some member of the public find the item offensive; can it be construed as having a religious content, or offending members of a protected class? Staff does not believe that the library and its purpose would be any more or less offensive than a standard library. (4) What will the potential annual maintenance cost of the gifted object be? Do the costs outweigh the value of the gift? There is not a cost associated with the donation. (5) Does the gift carry implied duties that the City must perform? What is the cost of performance of such duties? Does the cost exceed the value of the gift? Staff does not believe that the gift has implied duties that cannot be reasonably maintained. If at the time that the library needs to be taken down it would take minimal effort. It is also a simple design and could be easily remade as well. (6) If costs, direct or indirect exceed the value of the gift; acceptance of the gift may still be warranted if a public purpose is being served and all understand the costs as well as the value of the gift. Staff does not feel that there are costs associated with the installation of the library. (7) Also, does the acceptance of the gift imply that the City will replace the gift when worn out, destroyed by vandals, etc? If the gift is found to be no longer of use in the future, may the City at that time, sell, dismantle or convert to another use? Staff does not necessarily believe that acceptance would be an implication to maintain once it needs to be replaced or reconstructed. (8) All agreements, prohibitions, etc, with respect to the gift should be noted in the minutes or Memorandum of Agreement for future reference. Meetings are video recorded as well as documented in written form. (9) All items donated to the Library for book sales, bake sales, rummage sales and memorial bricks will be exempt from this policy and procedure. This is not known to be affiliated with the local library. CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-110 A RESOLUTION ACCEPTING A DONATED LITTLE FREE LIBRARY IN SAVONA PARK FROM KRISTIN SHANLEY WHEREAS, Minnesota Statues Section 465.03 provides that donations to the City be accepted by resolution of the City Council; and WHEREAS, Kristen Shanley has proposed erecting a little free library, donating time and material to the City of Lake Elmo; and WHEREAS, the City Council of the City of Lake Elmo agrees that said contribution would be of benefit to the citizens of Lake Elmo; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elmo, Minnesota, does hereby acknowledge and agrees to accept said donation of a Little Free Library from Kristin Shanley on behalf of the citizens of Lake Elmo. BE IT FURTHER RESOLVED that the City Council of the City of Lake Elmo designates the Little Free Library to Savona Park. APPROVED by the Lake Elmo City Council on this 2nd day of October, 2018. By: __________________________ Mike Pearson Mayor ATTEST: ________________________________ Julie Johnson City Clerk STAFF REPORT DATE: October 2, 2018 REGULAR #10 AGENDA ITEM: Grant for Park in Wildflower/Village Preserve SUBMITTED BY: Kristina Handt, City Administrator REVIEWED BY: Rob Weldon, Public Works Director BACKGROUND: At their June meeting, the Parks Commission recommended a new park be built on the lot between Wildflower and Village Preserve which the city received as park land dedication. The project was included in the 2019-2023 Capital Improvement Plan (CIP). The project remains in the CIP after recommendations from the Finance Committee and Planning Commission. ISSUE BEFORE COUNCIL: Should the City Council Authorize Staff to Apply for a Game Time Grant for Wildflower/Village Preserve? PROPOSAL DETAILS/ANALYSIS: The Parks Commission recommendations in the 2019-2023 CIP includes a new park in Wildflower/Village Preserve for a cost of $105,000. This is about $45,000 less than what is typically approved with initial phases of parks. The lot is relatively small and the discussion included pursuing grant opportunities so the $105,000 was reasonable. The reason this is coming to Council before the final adoption of the 2019-2023 CIP in December is because of a grant deadline on October 31, 2018. GameTime is offering a 50/50 matching grant on certain pieces of equipment. The grant application is due October 31st and the City must take possession by the end of the year. Public Works and Planning staff reviewed the options available under the grant and found three layouts that would work in the small space. Those three options were then shared with residents in Wildflower and Village Preserve to get their feedback. The residents are supportive of the Lake Hollywood design as it offers the wider age range option. According to the manufacturer the piece is appropriate for children in the 2 to 5 and 5 to 12 age range. Some residents still expressed concern that the children could grow out of it quickly. Residents would also like to see more swings and have expressed interest in contributing funds. Staff has let them know that could be considered in the future. FISCAL IMPACT: The total project costs is expected to remain within the budget of $105,000. In addition to the play structure, costs will include freight, installation, grading, seeding, curbing etc. Lake Hollywood: $103,006 (50% grant funded) which leaves about $53,500 for freight, installation, curbing, mulch, seeding, etc. OPTIONS: 1) Authorize Staff to Apply for GameTime Grant for Lake Hollywood 2) Authorize Staff to Apply for a Game Time Grant for a different piece of equipment 3) Do not authorize Staff to Apply for a Game Time Grant RECOMMENDATION: “Motion to Authorize Staff to Apply for a Game Time Grant for Lake Hollywood ATTACHMENTS: • Lake Hollywood Renderings • Schaper Renderings • TurtleTown Renderings Pow erSc ape c om m erc ial play grounds us e our larges t upright s and dec k s f or m ax im um s t rengt h and c apac it y . Pow erSc ape als o of f ers t he w ides t range of out door play ground equipm ent of any k ids play s t ruc t ure in it s c las s t o giv e y ou m ore opt ions t o c reat e a great play ex perienc e in y our park or play ground. Features and Benefi ts: Pow erSc ape 3D Panels , I nt egrat ed Shade, T uf f F orm s I guana R oc k Link , T oddler T rainer, I nt erac t iv e Panels M odel: PS17008 U s e Z one: 38' X 56' F all H eight : 6' Age Group: 2 t o 5 Years Age Group: 5 t o 12 Years N um ber of C hildren: 45-50 Lim it ed Lif et im e W arrant y on upright s , hardw are and c onnec t ions . Vis it g ameti me.co m/war r an ty f or f ull w arrant y inf orm at ion Lake Hollywood Designing award-winning playgrounds since 1929.Certif ied I nstaller Network - GameT ime trained for GameT ime playgrounds. Complies wit h ASTM standards before it leaves the f actory. C reat e play opport unit ies f or people of all abilit ies w it h t his s ens ory -ric h inc lus iv e play s y s t em . T he s y s t em inc ludes ac c es s ible rout es of t rav el t hroughout t he s t ruc t ure, as w ell as plent y of int erac t iv e audit ory , v is ual, and t ac t ile s ens ors . T his play s y s t em w as des igned us ing t he 7 Princ iples of I nc lus iv e Play ground D es ign f ound in t he M e2 guidebook , dev eloped by Play C ore… Features and Benefi ts: I nc lus iv e play s y s t em w it h ac t iv it ies f or c hildren ages 2 t o 5 I nc ludes int egrat ed s hade Ac c es s ible rout es of t rav el t hroughout t he play s t ruc t ure M odel: PS18009 U s e Z one: 40' X 63' F all H eight : 4' Age Group: 2 t o 5 Years N um ber of C hildren: 85-90 Lim it ed Lif et im e W arrant y on upright s , hardw are and c onnec t ions . Vis it g ameti me.co m/war r an ty f or f ull w arrant y inf orm at ion Schaper Par k Designing award-winning playgrounds since 1929.Certif ied I nstaller Network - GameT ime trained for GameT ime playgrounds. Complies wit h ASTM standards before it leaves the f actory. T his inc lus iv e play ground is lik e a f ores t hideaw ay , f eat uring light t hem ing elem ent s lik e t im bers plank s , c onif er t uppers , and a log balanc e beam . T he ram p helps k ids of all abilit ies reac h ev ery nook and c rany . Features and Benefi ts: R am p helps k ids of all abilit ies enjoy t he play ground Light t hem ing elem ent s lik e log balanc e beam , GF R C log c lim ber, t im bers plank s , and c onif er t oppers Kids c an learn balanc e and c oordinat ion t hrough elem ent s lik e pods and s t ego c lim bers M odel: PS17226 F all H eight : 8' Age Group: 5 t o 12 Years Lim it ed Lif et im e W arrant y on upright s , hardw are and c onnec t ions . Vis it g ameti me.co m/war r an ty f or f ull w arrant y inf orm at ion Tur t let own Designing award-winning playgrounds since 1929.Certif ied I nstaller Network - GameT ime trained forGameTime playgrounds.Complies wit h ASTM standards before it leaves thefactory. STAFF REPORT DATE: October 2, 2018 CONSENT ITEM #: 11 TO: City Council FROM: Emily Becker, City Planner AGENDA ITEM: Restricting Parking along Certain Streets REVIEWED BY: Jack Griffin, City Engineer BACKGROUND: There are a number of new developments that have streets that do not meet street width standards for parking on both or any side of the street (as well as street projects that have caused streets to not meet these standards), according to adopted City Engineering Standards. These streets need to be signed “No Parking” in order to properly enforce these standards. ISSUE BEFORE COUNCIL: The City Council is being asked to adopt Resolution 2018-114 which declares certain streets or certain sides of certain streets that do not meet City Engineering Standards for street width for parking on both or one side of the street as “No Parking”. REVIEW/ANALYSIS: Engineering Street Width Standards. Adopted City Engineering Standards indicate the following minimum street width for parking: •Both sides of the street: 28 feet •One side of the street: 24 feet •No parking: 22 feet or less Streets with No or One-Sided Parking Added. As previously stated, there are a number of new developments that have streets that do not meet these standards. These street names are included in the attached resolution. Enforcement. Currently, the Washington County’s Sheriff’s Department currently writes tickets for cars parked in no parking zones designated by Council and signed. They currently reference Minnesota Statutes Subd. 169.34: Prohibitions; Stopping, Parking, which prohibits any person from stopping, standing, or parking a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device at any place where official signs prohibit stopping. Chapter 73: Parking Regulations of the City Code currently prohibits parking in certain “No Parking” zones throughout the City, unless a temporary parking permit has been issued by the City Administrator. However, because of the onerous process it takes to be able to reference this ordinance, Staff recommends that Council adopt a Resolution designating certain areas as “No Parking” instead of amending this ordinance. FISCAL IMPACT: None. OPTIONS: The City Council is being asked to adopt as part of tonight’s Consent Agenda Resolution 2018-114 1)Adopt Resolution 2018-114 as presented. 2)Amend Resolution 2018-114 and adopt as amended. 3)Do not adopt Resolution 2018-114. RECOMMENDATION: Staff recommends the City Council adopt Resolution 2018-114, declaring certain streets or certain sides of certain streets within new developments that do not meet City Engineering Standards for street width for parking on both or one side of the street as “No Parking”. “Move to adopt Resolution 2018-114, declaring certain streets or certain sides of certain streets within new developments that do not meet City Engineering Standards for street width for parking on both or one side of the street as “No Parking.” ATTACHMENTS: •Resolution 2018-114 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2018-114 A RESOLUTION RESTRICTING PARKING ALONG CERTAIN STREETS WHEREAS, the City of Lake Elmo, Minnesota has adopted City Engineering Standards that allow parking on both sides of the street for streets 28 feet in width; restrict parking for streets 24 feet in width to one side of the street; and do not allow parking on streets 22 feet in width or less; and WHEREAS, there have been a number of new developments in the City in which streets have been approved and constructed that do not meet the City Engineering Standard for parking on both sides or one side of the street; and NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Lake Elmo shall ban the parking of motor vehicles on the following streets: 1.All cul-de-sacs within the City 2.Layton Avenue from 36th Street North to CSAH 14 (Stillwater Boulevard) (on the west side, where signed) 4. 39 th Street from Lake Elmo Avenue to Laverne Avenue North 5. 41 st Street North within the Legacy at North Star development where median exists 6. 39 th Street North within the Legacy at North Star development where median exists APPROVED by the Lake Elmo City Council on this 2nd day of October, 2018 By: __________________________ Mike Pearson Mayor ATTEST: ________________________________ Julie Johnson City Clerk STAFF REPORT DATE: 10/2/2018 ITEM # 12 TO: City Council FROM: Rob Weldon, Public Works Director AGENDA ITEM: Sidewalk Snow Removal REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: As part of the City Council Workshop held on June 12, 2018 staff was directed to look into contractor cost associated with snow removal from sidewalks that have been added to residential areas as a result of city infrastructure improvements. ISSUE BEFORE COUNCIL: Should the City Council amend the Snow and Ice Control Policy to reflect the City’s responsibility for removing snow on some sidewalks? If so, should the City seek quotes and contract out that work? PROPOSAL DETAILS/ANALYSIS: If approved by council the city would be responsible for removing snow from the following residential sidewalks: • 30th St. N - between Lisbon Ave N. and Lake Elmo Ave N. • Lake Elmo Ave. N - between 30th St. N and Upper 33rd St. N • Lake Elmo Ave. N – between 36th St N and Stillwater Blvd N (CSAH 14) The above mentioned sidewalk areas equated to approx. 5200 LF or just under 1 mile. Snow removal will be conducted after 2” of snow is accumulated on the sidewalk. This amount can be in a single snow fall or after several minor snow falls. Also, if this change in service is approved by City Council the Snow and Ice Control Policy must amended to include the additional service that would be provided by the city. There was also discussion at previous work session about completing the work with Public Works staff and purchasing additional equipment or contracting the service out. At its current staffing level Public Works cannot take on either additional task. During a snow event, Public Works operates 6 plow trucks, 1 loader and 2 pickups with a staff of 9 including the Director, to clear snow from streets, cul-de-sacs and parking lots. Following a snow event, the current staff conducts maintenance of vehicles, additional plowing and salting for 1-2 days. Along with these activities, there is backlog of utility maintenance items that need to be completed due to entire staff involvement in plowing streets. FISCAL IMPACT: Contracted Services: Cost of snow removal is based on a linear foot charge of $.05 - $.10/LF. These costs are rough averages and quotes would need to be obtained for actual costs. Using a multiplier of 18 (three Page 2 year average of how many times PW plows 2+ inches of snow) and the high cost of $.10LF the minimal cost for sidewalk snow removal would be approx. $10,000. Staff and Equipment (In House Service): Sidewalk snow removal equipment – approx. $74,000; Part-time staff sidewalks – approx. $6,000 ($18/hr x 16hrs x 20 events) for a total of $80,000 up front and $6,000 each year thereafter. In order to remove snow from sidewalks the following equipment is needed. • Additional Skid Loader w/2 speed transmission & winter tires $55,000 • 60” power broom $ 6,000 • 72” v-plow for Tool Cat/Skid Loader $4,160.00 • 72” snow blower for Tool Cat/Skid Loader $ $7,245.00 • Truck loading chute (if downtown snow removal is desired) $1,535.00 OPTIONS: 1) Amend Snow and Ice Control Policy and authorize staff to obtain quotes for sidewalk snow removal. 2) Amend Snow and Ice Control Policy and authorize staff to advertise for part time employees and obtain quotes for equipment 3) Amend the proposal to the Snow and Ice Control Policy and Authorize staff to obtain quotes for sidewalk snow removal. 4) Amend the proposal to the Snow and Ice Control Policy and Authorize staff to advertise for part time employees and obtain quotes for equipment 5) Deny authorization of staff to obtain quotes for sidewalk snow removal. MOTION: “Amend Section 5 of the Snow and Ice Control policy to include the following; The City of Lake Elmo will be responsible for snow removal from sidewalks in front of residential properties in the following areas: • 30th St. N - between Lisbon Ave N. and Lake Elmo Ave N. • Lake Elmo Ave. N - between 30th St. N and Upper 33rd St. N • Lake Elmo Ave. N – between 36th St N and Stillwater Blvd N (CSAH 14) AND “Authorize staff to obtain quotes for snow removal from sidewalks designated by city council”