HomeMy WebLinkAbout8-8-18 Packet items 0-11
NOTICE OF MEETING
City Council Meeting
Wednesday, August 8, 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. July 17, 2018 Special Meeting
D. Public Comments/Inquires
E. Presentations
2. Lake Elmo Jaycees Donation – Resolution 2018-086
F. Consent Agenda
3. Approve Payment of Disbursements and Payroll
4. Approve Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond
Regulations– Resolution 2018-085
5. Approve Sales Agreement with Revize Web Services for New Website and Hosting Services
6. Accept 2nd Quarter Financials
7. Approve Chicken Ordinance Update – Ordinance 08-216; Resolution 2018-087
8. Approve Snowmobile Ordinance – Ordinance 08-217; Resolution 2018-088
9. Approve Sunfish Lake Park Ski Trail Grant – Resolution 2018-089
10. Approve Purchase of Hockey Boards for Lions Park
11. Approve Boulder Ponds 3rd Addition Developer Agreement – Resolution 2018-093
G. Regular Agenda
12. Wellhead Protection Plan Part 2
13. Presentation and Acceptance of 2017 Comprehensive Annual Financial Report
14. Purchase of Generator and Updates to Tower 1
15. Demontreville Park Improvements
16. Legacy at North Star 1st Addition Final Plat – Ordinance 08-218; Resolution 2018-090
17. Legacy at North Star 1st Addition Developers Agreement – Resolution 2018-094
18. Home Occupation Ordinance Amendments – Ordinance 08-219; Resolution 2018-091
19. Tree Preservation Ordinance Amendments – Ordinance 08-220; Resolution 2018-092
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 SPECIAL MEETING MINUTES
JULY 17, 2018
CALL TO ORDER
Mayor Pearson called the meeting to order at 6:45 p.m.
PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and
Christine Nelson.
Staff present: Administrator Handt, City Attorney Sonsalla and City Clerk Johnson.
Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO ENTER CLOSED
SESSION PURUSANT TO MN STAT. 13D.05 SUBD 3 TO DISCUSS PENDING LITIGATION
WITH THE LAKE ELMO INN. Motion passed 5 – 0.
Closed session held.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO RETURN TO OPEN
SESSION. Motion passed 5 – 0.
Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPPROVE THE
SETTLEMENT AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND THE LAKE ELMO
INN. Motion passed 5 – 0.
Meeting adjourned at 6:49 p.m.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________
Mike Pearson, Mayor
_______________________________
Julie Johnson, City Clerk
STAFF REPORT
DATE: August 8, 2018
Presentations
ITEM #: 2
AGENDA ITEM: Jaycees Donation
TO: Mayor and City Council
SUBMITTED BY: Julie Johnson, City Clerk
BACKGROUND:
State statute requires that cities accept donations via resolution. The Lake Elmo Jaycees will be
donating to the City of Lake Elmo at this meeting.
ISSUE BEFORE COUNCIL:
Should Council accept the donation of $10,000 from the Lake Elmo Jaycees?
PROPOSAL:
The Lake Elmo Jaycees will be presenting a check for $10,000 to the City Council at the meeting.
Included in your packet is a resolution for the Council to officially accept the donation.
FISCAL IMPACT:
The 2018 General Fund budget includes $10,000 in donations. The Lake Elmo Jaycees presented
the City with a donation of $12,700 at the May 1, 2018 City Council meeting. The proposed
donation is in addition to the annual donation for charitable gambling proceeds.
OPTIONS:
1) Approve Resolution No 2018-086
2) Amend and then Approve Resolution No 2018-086
3) Don not accept the donation from the Lake Elmo Jaycees
RECOMMENDATION:
Motion to approve Resolution No 2018-086
ATTACHMENTS:
• Resolution No 2018-086
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-086
A RESOLUTION ACCEPTING DONATED FUNDS FROM THE LAKE ELMO
JAYCEES
WHEREAS, Minnesota Statues Section 465.03 provides that donations to the City
be accepted by resolution of the City Council; and
WHEREAS, the Lake Elmo Jaycees have proposed contributing $10,000 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 acknowledges and agrees to accept said donation of
$10,000 from the Lake Elmo Jaycees on behalf of the citizens of Lake Elmo.
APPROVED by the Lake Elmo City Council on this 8th day of August, 2018.
By: __________________________
Mike Pearson
Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
STAFF REPORT
-- page 1 --
DATE: August 8, 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 $ 146,400.20 Payroll 07/19/18 ($76404.77) & 08/02/18 ($69995.43)
47681 – 47767 $ 134,642.37 Accounts Payable 08/08/18
TOTAL $ 281,042.57
RECOMMENDATION:
If removed from the consent agenda, the recommended motion is as follows:
“Motion to approve the aforementioned disbursements in the amount of $281,042.57”
ATTACHMENTS:
1. Accounts Payable – proof list(s)
STAFF REPORT
DATE: August 8, 2018
REGULAR
ITEM #4 - Consent
MOTION
TO: City Council
FROM: Sue Iverson – Finance Director
AGENDA ITEM: Approve Reimbursement Resolution
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
The Internal Revenue Service (IRS) regulations generally require that the City make a declaration of intent
to reimburse itself for expenditures out of the proceeds of subsequently issued bonds or other financing and
that such declaration be made not later than 60 days after the expenditure is actually paid
ISSUE BEFORE THE CITY COUNCIL:
1) Should the City Council approve a reimbursement resolution for 2018 Capital Projects to be
reimbursed through 2019 bonding and 2018 equipment purchases to be reimbursed through
Equipment Certificates obtained in 2018?
DISCUSSION:
The City is planning to use Equipment Certificates to finance the Fire Engine and the Dump Truck
previously authorized. Equipment Certificates follow the same regulations as stated above. It is planned
to finance both the 2018 Capital Improvement projects and the 2019 Capital Improvement projects in 2019
with one bond issue.
FISCAL IMPACT:
The City will recognize savings by combining the 2018 and 2019 projects into one bond issue by saving
issuance costs and the ability to get a better interest rate with a larger bond issue. The City has the capacity
to cash flow the costs for 2018 until the issuance of the bonds without it impacting its bond rating.
RECOMMENDATION:
If removed from the consent agenda:
Motion to Resolution 2018-085, a resolution establishing procedures relating to the compliance with
reimbursement bond regulations under the Internal Revenue Code in connection with the General
Obligation Bond Issues or Equipment Certificates.
ATTACHMENTS:
1) Resolution 2018-085.
CITYOF LAKE ELMO
WASHINTON COUNTY
STATE OF MINNNESOTA
RESOLUTION NO. 2018-085
RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE
WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL
REVENUE CODE IN CONNECTION WITH THE GENERAL OBLIGATION BOND
ISSUES OR EQUIPMENT CERTIFICATES
BE IT RESOLVED by the City Council (the "Council") of the City of Lake Elmo,
Minnesota (the "City"), as follows:
1. Recitals.
(a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as
the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement
bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure
paid by the City prior to the time of the issuance of those bonds, including without limitation,
General obligation bonds or equipment certificates, or other obligations (collectively, the “bonds”)
in one or more series.
(b) The Regulations generally require that the City (as the issuer of or the primary
obligor under the Bonds) make a declaration of intent to reimburse itself for such prior
expenditures out of the proceeds of the Bonds, that such declaration be made not later than 60 days
after the expenditure is actually paid, and that the bonding occur and the written reimbursement
allocation be made from the proceeds of the Bonds within 18 months after the later of (1) the date
of payment of the expenditure or (2) the date the project is placed in service (but in no event more
than 3 years after actual payment).
(c) The provisions of this Resolution are intended to have no application, to payments
of City project costs first made by the City out of the proceeds of bonds issued prior to the date of
such payments.
2. Official Intent Declaration. The Regulations, in the situations in which they apply,
require the City to have declared an official intent (the "Declaration") to reimburse itself for
previously paid project expenditures out of the proceeds of the Bonds. This Declaration relates to
the following projects (collectively, the "Project") and the costs thereof to be financed:
2018 Improvement projects $ 2,338,000
Water projects 374,000
Sewer projects 460,000
Storm Sewer projects
Fire Truck
Dump Truck
24,600
700,000
240,000
Total $ 4,136,600
2
3. The City reasonably expects to reimburse itself for the payment of certain costs of
the Project out of the proceeds of the Bonds to be issued after the date of payment of such costs.
As of the date hereof, the City reasonably expects that $4,136,600 is the maximum aggregate
principal amount of the Bonds which will be issued to finance the Project, from time to time.
4. Each expenditure to be reimbursed from the Bonds is or will be a capital
expenditure or a cost of issuance, or any of the other types of expenditures described in Section
1.150-2(d)(3) of the Regulations.
5. As of the date hereof, the statements and expectations contained in this Declaration
are believed to be reasonable and accurate.
Adopted on August 8, 2018, by the City Council of the City of Lake Elmo, Minnesota.
3
CERTIFICATION
The undersigned, being the duly qualified and acting Clerk of the City of Lake Elmo,
Minnesota, hereby certifies the following:
The foregoing is true and correct copy of a Resolution on file and of official, publicly
available record in the offices of the City, which Resolution relates to procedures of the City for
compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly
adopted by the governing body of the City (the "Council") at a regular meeting of the Council
held on ___________________, 2018. The Council meeting was duly called, regularly held,
open to the public, and held at the place at which meetings of the Council are regularly held.
Councilmember _________________ moved the adoption of the Resolution, which motion was
seconded by Councilmember ____________________. A vote being taken on the motion, the
following members of the Council voted in favor of the motion to adopt the Resolution:
and the following voted against the same:
Whereupon said Resolution was declared duly passed and adopted. The Resolution is in
full force and effect and no action has been taken by the Council which would in any way alter
or amend the Resolution.
WITNESS MY HAND officially as the Clerk of the City of Lake Elmo, Minnesota, on
_____________, 2018.
____________________________________
Clerk
City of Lake Elmo, Minnesota
STAFF REPORT
DATE: August 8, 2018
CONSENT
ITEM #: 5
TO: Mayor and City Council
FROM: Jake Foster, Assistant City Administrator
AGENDA ITEM: Approve Sales Agreement with Revize Web Services for New Website and Hosting
Services
BACKGROUND:
Staff has determined there is a need for a new website for several reasons. As the website has not been
updated since the latest launch in 2012, there are significant areas of the site which are lacking.
As the website is outdated, it is not mobile-optimized let alone responsively designed. More and more
traffic comes from mobile sources, and it is critical the site can be viewed optimally from any device
without requiring several different content configurations.
Additionally, due to the lack of site updates and the outdated platform, the current website is not as secure
as a newly updated and hosted website would be. The proposed website update from revise would
provide a site that is considerably more secure.
The current website is cumbersome from a usability standpoint for both staff and end-users/residents.
Staff has received several complaints from residents and other end-users over the last few years detailing
how it is difficult to navigate the website. Not only is the navigation and use of the website unintuitive,
but the current website has no search function. These issues also make it difficult for staff to keep content
up-to-date, or to know when content should be removed from the site. Any site created though Revize
would streamline and simplify content and navigation making it much easier from both a resident/end-
user standpoint, and from a content updating/curating perspective.
ISSUE FOR DISCUSSION:
Should Council approve the Revize Web Services Sales Agreement for a new City website and hosting
service?
PROPOSAL DETAILS/ANALYSIS:
As outlined in the proposal document, and the service agreement, Revize will provide additional
functionality on a new website that the City’s current site does not have. These additional features
include but are not limited to:
• Responsive webpages
• Site search
• Online form builder
• Link checker
• Online bill pay
• Quick link buttons
• E-newsletter module
The City would use one of Revize’s website templates to limit the development hours needed for a new
site, while still providing a stylistic update. The actual page building and content loading would be done
by City staff.
Included in the sales agreement, is an online training session for up to three hours for up to two
participants. Revize also provides real-time phone support from 8:00AM – 8:00PM EST Mon.-Fri. and
several other tools for troubleshooting available online once the site in launched.
FISCAL IMPACT:
Funds for a website upgrade have already been included in the 2018 budget. In addition to the excellent
product offering and references, Revize’s proposal/quote was also the most inexpensive compared to the
other vendors’ proposals. The cost breakdown as proposed by Revize is as follows:
Year 1/launch: $3,200
Year 2/on-going annual fee thereafter: $1,200
RECOMMENDATION:
“Move to approve the Revize Web Services Sales Agreement.”
ATTACHMENTS:
1. Revize Web Services Sales Agreement
2. Revize Website Proposal
Revize Web Services Sales Agreement
This Sales Agreement is between Lake Elmo, Minnesota (“CLIENT”) and Revize LLC, aka Revize Software
Systems, (“Revize”). Federal Tax ID# 20-5000179 Date: 6-25-18
CLIENT INFORMATION: REVIZE LLC:
Company Name: City of Lake Elmo Revize Software Systems
Company Address: 3880 Laverne Avenue North 1890 Crooks, Suite 340
Company Address 2: Troy, MI 48084
Company City/State/Zip: Lake Elmo, MN 55042 248-269-9263
Contact Name: Jake Foster jfoster@lakeelmo.org
651-747-3908
Billing Dept. Contact: Client Website Address: www.lakeelmo.org
Quantity Description Price
1 WEBGEN Website Design and Development Fee - one-time charge (see pages 4 - 6) $ 2,000.00
Revize Web Calendar, and Document Center and other modules on page 2 - 3
Training – Revize Content Editing, Administrative training up to 3 hours for up to 2 people
Migrate up to 100 web pages and 50 documents of content “as is” to new website
1 Revize Annual Tech Support, Software Subscription, and Web Hosting Service, pre-paid: $ 1,200.00
Revize Web Content Management Software Services
Up to 2 Non-Technical Content Editors, and administrative users
Technical Support/ CMS Software Upgrades/Website Hosting 5GB storage
Four year agreement
Grand Total: $ 3,200.00
Four Year Agreement. Revize requires a check for $3,200 to start this Initiative. Remaining balance due upon
website delivered for content editor training or the first year anniversary of the kick off meeting, whichever
comes first. Annual services and website hosting start the day of the Kick Off project meeting.
Terms:
1. Payments:
All Invoices are Due Upon Receipt. Work begins upon receiving initial payment.
2. Additional content migration, if requested, is available for $3 per web page or document.
3. This Sales Agreement is the only legal document governing this sale.
4. Both parties must agree in writing to any changes or additions to this Sales Agreement.
5. This Sales Agreement is subject to the laws of the State of Michigan.
6. Pricing expires in 30 days.
AGREED TO BY: CLIENT REVIZE
Signature of Authorized Person:
Name of Authorized Person: Dylan Johnston
Title of Authorized Person Account Manager
Date:
Please sign and return to: ______Dylan Johnston________ Fax 1-866-346-8880
1.1 Following Applications & Features will be integrated into
Your Website Project
Revize provides applications and features specifically designed for municipalities. The
applications and features are categorized into:
‣ Citizen’s Communication Center Apps
‣ Citizen’s Engagement Center Apps
‣ Staff Productivity Apps
‣ Site Administration and Security Features
‣ Mobile Device and Accessibility Features
CITIZEN’s COMMUNCIATION CENTER APPS:
Home Page Alert
Document Center
News Center
Online Web Forms
Photo Gallery/YouTube Video Upload
Quick Link Buttons
Revize Web Calendar – Unlimited Calendars
Social Media Fly Out
Citizen’s Engagement CENTER Apps:
Online Bill Pay
STAFF PRODUCTIVITY APPS:
Vendor Registration/Management System via Vendor Registry
Image Manager
Link Checker
Menu Manager
Online Form Builder
Website Content Archiving
SITE ADMIN & SECURITY APPS
Audit Trail
History Log
Roles and Permission-based Security Mode
Secure Site Gateway
Unique Login/Password for each Content Editor
Mobile DEVICE and ACCESSIBILITY FEATURES
Alt-Tags
Responsive Website Design (RWD) –Latest Government Design Technology to accommodate
better viewing of text and graphics for any size screen, i.e SMART phones, PC Tablets, iPads,
iPhones, Windows and Android devices
Select one of the following Website Designs on the following pages and Revize will create a new
custom banner and change the color scheme to reflect your organization’s character. The Revize
CMS is already built into it saving you the cost of a custom design and CMS technology
development. Turnaround time: approximately 4-6 weeks
Revize WEBGEN “Ready-to-Use” Website
Designs:
Small City Design
Waveville Design
Rugged Beauty Design
The Government Website Experts
PROPOSAL FOR
City of Lake Elmo, MN
Prepared by Dylan Johnston
1890 Crooks Rd, Troy, MI 48084
Ph: 248-269-9263 x23
M: 248-894-9297
Fax: 866-346-8880
www.revize.com June 4, 2018
Proposal for City of Lake Elmo, MN
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Dear Jake Foster and City Council,
Thank you for considering Revize as your web development partner. For nearly two
decades, Revize has been a leader in providing high quality, government-compliant
web solutions. A myriad of industry awards and hundreds of satisfied clients stand as
testament to the quality and value of our work.
Every member of the Revize team understands that your website is more than a
website. It’s a valuable resource that can help you build a better community.
Visitors are drawn to websites that are appealing yet functional, user friendly with a
plethora of services, and accessible on a wide range of devices. A Revize website will
allow your residents and businesses to easily fill out and submit documents, review
and pay bills and taxes, perform searches to answer frequently asked questions and
perform a suite of other tasks that would otherwise require staff assistance. What’s
more, a Revize website will enable you to increase staff productivity and decrease
costs by reducing off-line departmental operations.
“Our innovative solutions
are custom-tailored to
meet the needs of each
individual client.”
We will work closely with you to design and develop a dynamic, functional and easy
to navigate website that will perfectly fit your community. Then we empower you to
control your digital presence with the industry’s best administrative management
applications. Revize training ensures that your team has the skills needed to expertly
update and manage website content and delivery.
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Government clients select Revize because we can help them
Effectively engage residents.
Enhance their web presence and build an online communications center.
Empower non-technical web content editors and administrators to easily execute
changes.
Implement a scalable solution that allows them to affordably grow their web
presence for the long term.
“Revize Websites build
engagement with your
constituents.”
We have worked hard to establish a reputation for creating online community
websites that engage, inform, and increase participation of your community. With
our help, your community’s website can serve your residents better, inspire them
more, and get them actively involved in your government.
Please contact me if you have any questions at all.
Sincerely,
DylanJohnston
Dylan Johnston
Senior Sales Executive
248-269-9263 x23
dylan@revize.com
Proposal for City of Lake Elmo, MN
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Table of Contents
About Us 5
Our Innovative Responsive Web Design (RWD) and Web Apps 5
Here you will find the communication tools you need such as 6
Our Award-Winning Government CMS 6
Quick Deployment, Personalized Training and Support 6
Company Profile 7
Revize Organization Chart 9
Top Ten Reasons Why Revize gives you the Greatest Value! 12
Project Planning and Setup 17
Final Phase: You Go Live! 20
Marketing & Ongoing Consultation 20
Search Engine Registration and Marketing 20
Security 20
Security Controls and Protocols 21
Application Security Authentication 21
Government Account References 30
Revize Quote 36
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Executive Summary
Thank you for considering Revize Software Systems for your new website project.
We understand the importance of this undertaking and know how motivated your
government/community is to selecting the right vendor; one who will work with you
through all the steps required to build the perfect website featuring a plethora of
high quality online services that your constituents will want to use regularly.
In more than two decades of working with government leaders, as well as through
nationwide surveys, we have learned that the key to choosing a website vendor is
finding the right balance between the total cost of the solution and the quality of the
design, online apps and user friendly functionality. In simpler terms, you need a
solution that works for you and serves your constituents.
About Us
With more than 1,200 government clients nationwide, Revize Software Systems is
one of the industry’s eminent providers. We credit our rapid growth to our over 20-
year track record of building award-winning government websites and content
management systems. When you work with Revize, you’re not just a client, you
become part of the Revize family and will receive the service and support you need
and expect! We are among the most highly respected government website experts
in the United States and we proudly stand by our work.
Our Innovative Responsive Web Design (RWD) and Web Apps
Revize has been a pioneer in implementing the latest trends in design by using
Responsive Web Design (RWD). This technology ensures that site visitors have an
optimal viewing experience — easy reading and navigation with a minimum of
resizing, panning, and scrolling — across a wide range of devices, from mobile
phones to desktop monitors. RWD provides flexible and fluid website layouts that
adapt to almost any screen. When you implement a dynamic new website powered
by Revize, you will not only get an outstanding look, layout and navigation, but you
also receive 24/7 access to our Government Communication Center for residents,
business and visitors.
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Here you will find the communication tools you need such as
Public Service Request App
Calendar of Events
E-Notification Modules
On-Line Payment Portal
Facilities Reservations
News Center with Facebook/Twitter
Integration
Emergency Alerts
Online Forms / Survey Tools
E-Newsletter Applications
Job Posting and Tracking Module
Public Records Request Tracker
Agenda Creator
Our Award-Winning Government CMS
Revize is renowned as a leader in providing practical, high-value, easy to use
Government content management software (Government CMS). This simple-to-use
yet powerful solution enables clients to manage their online presence with high
functionality and style. With applications, such as an online document center, public
service request app, public records request tracker, agendas and minutes, frequently
asked questions, agenda creator and more, Revize ensures that our clients have the
tools they need to make information and services available for website users at the
click of a mouse.
Quick Deployment, Personalized Training and Support
Revize addresses time concerns by completing websites in considerably less time
than our competitors. And because our software is so easy to use, we are also able to
effectively train our clients in less than half the time it takes our competitors. Our
training program is customized based on each client’s needs, and we provide hands
on training the way you want it - either onsite or off site through web conferencing
tools. We pride ourselves on the skills of our support staff, who
are responsive, knowledgeable and helpful. Our online support
portal is available 24X7X365 for issue tracking and
management. We also provide phone and email support during
regular business hours.
Did you know?
Our technical and development staff
holds a variety of certifications and has a
combined 50 years’ experience.
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Company Profile
FOUNDED
1995
HEADQUARTERS
1890 Crooks
Road, Troy, MI
48084
PHONE
248-269-9263
WEB SITE
www.revize.com
Revize Software Systems was founded in June, 1995 as a "new media" development
company specializing in the creation of interactive web design, multimedia content
delivered on CD-ROM, and video production. Since then, Revize has made an
unsurpassed name for itself in the web/internet industry as THE master of
government website design, which remains our specialty. We now boast more than
1200 government clients in North America and have created acclaimed website
designs for hundreds of municipalities, and counties, as well as government
departments, agencies and school districts. In September, 1996 as the Internet was
becoming a world-wide reality, Revize began developing a Web Content
Management System (CMS) for the government market to enable non-technical
contributors to quickly and easily update content on their websites. The result was
the creation of our state-of-the-art Revize Government CMS. Our mission has always
been to enhance the communications of government organizations nationwide with
their varied and valued audiences. This is based on our vision statement, which reads:
“The empowerment of
people through simplified
information management
technologies.”
Focused exclusively on creative web design, government web apps and content
management technologies, Revize continues to invest in its technology, continually
adding new capabilities and features that manifest our vision. While many
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municipalities choose Revize to develop and cost-effectively manage their website
content, clients also use Revize as an information-sharing platform. Our suite of
Revize Government web-based solutions has proven valuable as a powerful
technology that empowers clients to build and maintain sophisticated web sites, all
while using the Internet and internal Intranets/Extranets to acquire, analyze, process,
summarize and share information – ensuring that the right people always have the
right information at the right time.
“We are proud of our award-winning web
designs, technologies, continued
innovations to build government
centric modules and apps, web content
management, training and support
capabilities. We are especially proud
of being recognized as one of the
industry’s top government website
experts and innovators. We are
committed to pursuing the continued
evolution of all our services to
provide increased value to our
government clients.”
Did you know?
Revize websites have received over 100
web awards in the last 5 years alone.
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Revize Organization Chart
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Why Choose Revize?
We Have Government Specific Experience and Outstanding Client Testimonials
You can rely on Revize and our 20 years of experience building and maintaining
websites for municipal, county and government agencies of all sizes throughout
North America, to deliver a customized site design that improves layout, navigation,
usability and content. Using Revize ensures that your website will be reliable, W3C
and ADA compliant, and allow for easy integration with existing or future web
applications and third-party software. But there’s no need to take our word for it --
we encourage you to peruse our massive file of testimonials from our many satisfied
clients.
We Will Build a Government Communication Center that Works for Your
Community!
The Revize website design, Government CMS and interactive tool sets have been
developed exclusively for our government clients to help them effectively
communicate with their key target audiences such as residents, businesses and
visitors. Some of our most popular website and Government applications and
modules include: a new and improved Online Calendar, the comprehensive Forms
Center, our News Center with real-time social media connectivity, Emergency Alerts,
E-Notifications, Citizen Request Tracker, Parks & Shelter Reservations System,
Document Center, and Online Payment Portal.
“We Build Superior
Technology into Every
Website with CMS
Performance & Reliability
That’s Second to None.”
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What sets Revize apart from other companies? Revize’s superior technical
architecture and security, unsurpassed staff expertise and highly effective publishing
engine provide our government clients with the most reliable website solutions in the
industry today. By ensuring our client’s data security and providing redundant server
architecture and back-up data centers, Revize has a nearly 100% up-time rate. Plus,
our clients never have to worry about data loss or data corruption because of our
instantaneous back-up process and our data center’s tape back-up processes. Revize
believes that investing a higher percentage of our profits into our technology and
security makes us the best choice for the short and long term for governments
seeking the best value for their community’s website.
“We Always Provide Knowledgeable,
Friendly and Responsive Service!”
All this, and a reliable IT partner too! Our website design and development is
superior, and our Government CMS and suite of online apps is easy to learn and
administer, but our 24/7 technical support will also be there for you to help you get
over the hurdles! Our technical support team is widely considered to be among the
industry’s best. We also provide a sophisticated backup infrastructure which allows
us to guarantee 99.99 percent uptime. Plus, regular updates and improvements to
ensure that your site will remain current with industry standards and keep running
smoothly for years to come. The Client Owns the CMS License and the Code!
We often hear the question: “What happens if we want to move the website to
another vendor? Do we lose all access or any of our website data?” The answer is
100% NO! As our client, you own the template source code, the CMS, and any data
that you put onto the website. We understand that clients may come and they go,
but we always make sure they know they are just as important to us at the end of our
tenure as they were at the beginning. If you decide to run the CMS in your own
server, we can transfer the CMS license and software to your server as you own the
license and you can run it from your server as long as you want.
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Top Ten Reasons Why Revize gives you the Greatest Value!
Modern, timeless and unique website design integrated with online Government
apps
On-time delivery
Competitive pricing
Responsible stewardship of the organization’s stakeholders
Full functionality to update and manage your website
All the tools/apps needed to increase communications with citizens
An easy CMS to train employees quickly
Extended phone and email support
1,200+ satisfied government clients
Unlimited App Upgrades: Revize provides unlimited upgrades to new and
existing modules at no additional cost to you. Once you invest in Revize, you will
receive free upgrades and feature enhancements for life.
“The Revize responsive website design is second to none
for us providing an excellent experience for the
growing number of residents, visitors and businesses
accessing WylieTexas.gov on mobile devices. Our
website’s
progressive look captures the vibrant culture of our
community.
— Craig Kelly, Public Information Officer, City of Wylie, TX
Did you know?
Revize CMS is the most advanced CMS
in the government web design industry
with over 18 years of development.
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“Revize did a great job
building our website
design. Not only did
Revize capture the
character of our Michigan
county, but it has helped
connect our citizens to
their county government."
— Karl Sparks, County Administrator, Benzie
County, MI
“Revize provided a dynamic
website platform for the City
of Albion. It allowed us to
apply the best practices for
municipalities in conveying
vital information to citizens
and businesses. Most of our
department heads are not
“tech savvy” but the
exceptional training and
Revize platform makes content
management a breeze."
— Sheryl Mitchell, City Manager, Albion, MI
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Awards & Accolades
We were thrilled with the
outcome of our website
redesign project. The
Revize team was
professional and
responsive throughout the
process.
- Stephanie Teoli Kuhls,
Township Manager,
Middletown Township
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Revize provided a dynamic website platform
for Genesee County. It allowed us to apply
the best practices for counties in
conveying vital information to citizens and
businesses.
Jamal Powell – IT Systems Manager, Genesee County, Michigan
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“Visiting the Genesee
County website to find
the information I
needed was easy, user-
friendly and a
breeze.”
- Patrick Gleen, Resident, Genesee County MI
“When I wanted to open
my new shop everything
I needed was at my
fingertips on the city
of St. Petersburg
website.”
- Emily Hunter, Business Owner, St. Petersburg, FL
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The Revize Solution
Project Planning and Setup
What makes Revize unique in its project approach and experience is our thorough
preparation for each individual community combined with the range of website
deployments and creative, customized fit we implement for each client. From small
to large, rural to urban, the Revize project management process guarantees a perfect
fit between the concept of the deployment and the expectations of the client’s level
of engagement preferences.
We don’t utilize a “one size fits all”
approach because it doesn’t make
sense.
However, we do use a standard, proven effective process methodology. Each client is
unique and we tailor our process to fit their unique needs. For as long as you are our
client you will have staff dedicated to your account and access to an on-line portal
for communication, design process and on-going support.
Dedicated Accounts Manager: Your dedicated Account Manager will handle all
issues related to your contract, pricing, future product add-ons, and general account
satisfaction. During the initial kick-off meeting, your Account Manager will introduce
you to the team, explain roles and responsibilities, and place you in the very capable
hands of your Dedicated Project Manager and Designer.
Dedicated Project Manager: Your dedicated Project Manager will handle all issues
related to the website design, development, navigation, content, training, timelines
and deliverables, as well as ensuring that feedback and communication occurs
promptly in order to keep the project on-track. Also, the dedicated project manager
will be the point of contact for any future technical support or issues that need to be
addressed during the deployment and post deployment of the site.
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24/7/365 Project Portal Access: From day one, your project and on-going support is
tracked in the Revize On-line Project Portal. The main point of contact you select for
the project will receive an invitation to register, including setting up a secure user
name and password. The Project Portal serves as a communication tool for any
matter pertaining to your website design, development and on-going support even
after your website is launched.
“We guarantee the best support in the
industry that’s 24/7 365 by the
trained developers & technicians”
Did you know?
Revize has launched over 1200 government websites both small and large.
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Hosting Service
Revize has four state-of-the-art physical data centers located in Chicago, Phoenix,
San Diego and Houston with around-the-clock (24/7/365) monitoring of all server
activities. Remote data backups are scheduled nightly with Carbonite data backup
service. Additionally, Revize utilizes multiple Tier 1 bandwidth providers such as Level
3, Wiltel, and Cogent for redundancy and continuous connectivity. These procedures
provide our clients with up to 500Mbps of fast fiber optic up-stream connectivity.
Revize hosts your web services on redundant (1TB Hard Drive, 3.2 GHz CPU and 32
GB RAM) servers in order to provide enhanced performance, as well as accurate
security and data restoration for your website. The Revize technology architecture
physically separates the CMS from the website in order to provide another layer of
redundancy. With this model, we keep an up-to-the-minute exact duplicate of your
website in the event your site must be restored. Revize support staff will simply
republish your site within a guaranteed two hours (as opposed to the several hours
or days timeframe our competitors offer).
“Revize provides clients
with unlimited data
storage server space for
each website.”
Revize will host both your Extranet and Intranet; your Intranet is secure and only
accessible by authorized users through a login system.
There are no special software requirements to run a Revize hosted website and CMS
solution. We make it all very simple. All you need is an internet connection and a
browser. We also provide complete maintenance of your website, which includes but
is not limited to: OS patches, intrusion prevention, antivirus, and software upgrades.
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Final Phase: You Go Live!
At last, your website content is complete and your staff is sufficiently trained! The
final phase in the process is to redirect your website domain name from your old site
to your beautiful new one. Once this is completed, Revize will closely monitor the
transfer for the first 24 hours to ensure that everything is working properly. Any
issues that arise will be immediately resolved.
Marketing & Ongoing Consultation
Revize seizes on every effort to make our clients’ sites highly visible. We draft press
releases for posting on our website and for distribution locally, and will continuously
monitor your site after it goes live so that you can take advantage of all marketing
opportunities. We also look to submit your site for different awards and recognition
competitions to further maximize your site’s exposure.
Search Engine Registration and Marketing
Revize will input all the targeted keywords to make your web pages search engine
friendly, thus enabling users to find targeted information when they do a Google,
Yahoo or any other search on your site.
Security
Revize takes website security very seriously and we provide our clients with the very
best website protection protocols. Our data centers are located on secure premises
equipped with card-reader access, security cameras and guards on duty 24/7 to
ensure the physical protection from unauthorized entry.
Our web and network administrators monitor network activity 24-hours-a-day to
ensure system integrity and protection against threats such as Denial of Service
(DoS) attacks that could corrupt your website or block user access. Maintaining the
secure configuration of our web servers is managed through application of
appropriate patches and upgrades, security testing, vulnerability scans, monitoring of
logs, and backups of data and OS.
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Security Controls and Protocols
Anti-malware software such as antivirus software, anti-spyware software, and
rootkit detectors
Shield Plus Security Bundle to prevent DDoS attacks
Intrusion detection and prevention software (such as file integrity checking
software)
Host-based firewalls to protect CMS servers from unauthorized access
Patch management software
Security and Authentication Gateways
Content filters, which can monitor traffic to and from the web server for
potentially sensitive or inappropriate data and take action as necessary
HTTPS (Hypertext Transfer Protocol over SSL), which provides encryption and
decryption for user page requests that require more secure online transactions
SSL (Secure Socket Layer) provides an encrypted end-to-end data path
between a client and a server regardless of platform or OS
Application Security Authentication
Role-Based Security: Role-based authentication to add individual user
accounts and assign them system roles like Editor, Developer, Administrator,
Workflow Approvers, etc., or department roles and empower the department
to assign specific roles to users.
Permission-Based Security: Ability to set up Content Owners/Editors and
restrict which site pages they are authorized to update
Global & Department Workflow Management: Create workflow management
and approval processes where authorized department personnel become
approvers
Did you know?
Revize launched over 200 websites last
year alone.
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Maximum Response Times
1 hour for crisis issues
4-6 hours for critical issues
24 hours for normal issues
Revize Support
8 a.m. – 8 p.m. EST Phone Support (Monday thru Friday)
24X7X365 Portal & Email Support
Dedicated support staff to provide assistance and answer all questions
New and existing user training
Training refreshers
Video tutorials and online training manual
Automatic integration of enhancements
E-Newsletter module support
Automatic upgrades of CMS Modules such as Calendar, Document Center,
etc…
Software Maintenance
Revize rolls out two new versions of the Revize CMS, and six to eight product
updates every year. The Revize CMS is continuously enhanced to keep pace with
cutting edge technologies and industry trends. When a software update or new
version is rolled out, Revize will automatically update all servers used by our
subscription service clients.
“As a Revize client, you will
receive full access to all
enhancements to the core
components and modules in
the Revize CMS at no
additional charge.”
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Revize Technology Architecture
The Revize Government CMS is a standards-based, open architecture software
product without any proprietary restrictions. Revize uses leading technologies to
avoid integration problems with existing systems and comes complete with its own
Integrated Publishing Engine, Embedded Relational DB, JSP/Servlet Engine, and
Application Server.
Revize Intelligent Publishing WCM
“Security,
Performance,
Redundancy”
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Revize Project Team
Revize understands the importance of having a talented and experienced staff. We
are proud of our well-respected team of top notch experts in the field of government
website design, development, analysis, content management, training and support.
From the first creative concepts, through to the design phases, and from site launch
to training of personnel and continued support of your website project, we have the
right group of seasoned professionals to work with you through the website process
and beyond. We are pleased to introduce them:
Thomas Jean
Government Subject Matter Expert/Proposal Manager
As a Government Subject Matter Expert, business development and account
executive, Thomas has brought to Revize a very special skill set. Not only does he sell
Revize products and services, he is also a genuine subject matter expert when it
comes to the inner workings of government. As an elected Township Trustee in
Genesee Township Michigan, he knows the advantages that come with modernizing
the way government does business. Additionally, he serves as President of a
registered 501c3 non-profit organization, Genesee Forward, that promotes
community development. With his unique background as an elected official,
president of a non-profit organization, and education from one of the nation’s top
universities, Thomas is uniquely experienced to give an honest and accurate
assessment of your community’s website needs.
Philosophy: As a township trustee, I know the challenges that elected officials
face and what is important to them. I very much enjoy helping them by
showing them all of the advantages of modernizing a community's technology.
Education: BA degree in Political Science from University of Michigan; studied
under top government academics.
Expertise: Business development, business management, government
procedure, public affairs, community development.
Role on your website project: Account and client management
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Joseph J Nagrant
Business Development Director
Joseph is an accomplished professional internet and website design consultant with
more than 20 years of successful business development and account management
leadership experience. He has worked with well over 400 townships, cities, counties,
educational institutions, companies, and non-profit organizations. He’s a foremost
expert in translating technical solutions into compelling living websites and other
online community building opportunities. Additionally, he is a board member for Mott
Community College (Flint, MI) MTEC Center, IT Advisory Council, Education Advisory
Group. He also participates in many government discussions regarding the Internet
for government use, including being a frequent guest on WDET (NPR) public radio
and in The Detroit News. He has an excellent reputation for building and sustaining
effective, long lasting client relationships.
• Philosophy: “Always put yourself in the client’s shoes and do what is best for
them.”
• Education: BS in Electrical Engineering, Lawrence Tech University, MS in Business,
Central Michigan University.
• Expertise: 29+ years of project, sales and marketing experience with government,
education, corporate, and non-profit organizations.
• Role on your website project: Supervisor of account management between client
and project team.
Ray Akshaya
Technical Director
Ray has 20+ years of extensive technical experience with internet and website
solutions. He has worked on hundreds of government, non-profit and educational
websites and has a keen eye for web visitor requirements, information architecture,
and usability. He is also a long-time veteran of Revize Software Systems and our
clients enjoy working with him. In his career, he has deployed and/or assisted with
technical solutions for more than 500 websites. When working on a project, Ray
always visualizes himself in the client’s chair at the closing stages of the project and
makes sure that all decisions made on a project are in alignment with the client’s
vision and best practices for developing the system.
• Philosophy: “Work Hard, Help People and Live Honest."
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• Education: MS in Engineering Science, Louisiana State University, Baton Rouge
• Expertise: Client Management, Project Management, Technology Development for
CMS & Web Apps
• Role on your website project: Technical Director
Samir Alley
Creative Director
Samir has more than a decade of experience in managing web site design projects.
He has deployed 360+ municipal websites and has a solid background in web design
and the latest web technologies. Formerly with Google, Samir is a leader equipped to
handle any kind of sophisticated web project. He is an exceptional communicator
with an innate listening skill that gives him the ability to understand and deploy a
client’s unspoken needs. Samir’s blend of creativity, proficiency, and technical
knowledge is unsurpassed in the industry.
• Philosophy: “Empathy, Focus, and… Impute”
• Education: BS in Computer Science, Wayne State University
• Expertise: Web Project Management - Adobe Design Premium CS5.5: Photoshop,
Illustrator, InDesign, Flash, DreamWeaver, Fireworks, HTML, CSS, CSS3, SEO, PHP,
JavaScript, MySQL, JQuery and HTML5.
• Role on your website project: Graphic design of website and backup support.
Tom Gooden
Website Developer / Graphic Designer, Illustrator
Tom is a senior front-end developer and designer with Revize with more than 10
years of experience in website development. He is highly skilled in his ability to
leverage the latest technologies to create fast and innovative web solutions. He
commands an intense, yet light-hearted creative presence at Revize, producing
excellent design work.
• Philosophy: Design and development are constantly evolving, and learning new
methods and practices gives me a “geeky” excitement. What I truly enjoy most is
that I can create what is considered to be art, but at the same time serves a very
functional purpose.
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• Education: Associate Degree in Computer Science, Oakland Community College.
• Expertise: Skilled in Adobe Design Premium CS5.5: Photoshop, Illustrator, InDesign,
Flash, DreamWeaver, Fireworks, HTML, CSS, CSS3, SEO, PHP, JavaScript, MySQL,
JQuery and HTML5.
• Role on your website project: Graphic design of website and backup support.
Denise Brazier
Project Manager/Trainer
Denise is an educator by nature. Her 20 years of experience in the public school
system has made her a master of engaging participants during training. She
effortlessly builds effective relationships with all clients. Denise has served as
Advisory Counselor, Coordinator, Publicity Director, and Project Manager for several
organizations in the education, non-profit and public sectors. She has been
appointed to the state’s quality committee evaluating organizational policies and
procedures for recognition.
• Philosophy: “Always explain things in the terms of your audience to ensure their
understanding”
• Education & Training: MS in the Art of Education from Marygrove College.
Certification in Secondary Education
• Expertise: Training, education, teaching, public affairs and project management.
• Role on your website project: Trainer for the Content Management toolset and
project manager
Did you know?
Revize has the largest number of township websites in the state of Michigan than
any other website company?
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Revize Government CMS User
Interface
1. Revize CMS User Interface Home Page
2. Users simply browse to a page that they want to edit, select the Login button,
and then insert their Login Name and Password into a login screen as shown below.
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3. Edit buttons appear on the page after the Login executes. Based on user’s
roles/permissions, the appropriate buttons are displayed.
The input form appears as shown below. Content Editors can change banner, page
heading and the content displayed in the center of the page. Notice the content is
changed using a “Word Like” editor.
After the page is “saved”, the page can be sent to an approver for review or
immediately published to the web site.
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Government Account
References
Client: City of Morristown, TN
Pavel Plasencia, IT Director
Office: (423) 585-1832
Email: pavel@mymorristown.com
Website: www.mymorristown.com
Client: City of Wylie, TX
Craig Kelly, Public Information Officer
Office: (972) 516-6016
Email: craig.kelly@wylietexas.gov
Website: www.ci.wylie.tx.us
Client: City of Columbia Heights, MN
Keith Dahl, Economic Development Manager
Phone: (763) 706-3674
Email: kdahl@columbiaheightsmn.gov
Website: ci.columbia-heights.mn.us
Client: Sibley County, MN
Beth Wilson, Information Systems Director
Office: (507) 237-4105
Email: beth@co.sibley.mn.us
Website: www.co.sibley.mn.us
Client: Bristol Bay, AK
Geoff Doland, IT Director
Phone: (907) 246-4224
Email: geoffdoland@bristolbayboroughak.us
Website: www.bristolbayboroughak.us
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Government Project Experience
Mounds View, MINNESOTA
www.moundsviewmn.org
Citizen’s Communication Center
Details: Mounds View is a highly desirable and well-planned community that wanted
a website to show off its character and increase resident communications. The
Mounds View Website has an intuitive layout that guides the web visitor to important
information while delivering ease of use among the community.
Features: Home Page, Events Calendar, Document Center, Alert Center, eNotify,
Front Page Alert, Social Media Center
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St. Petersburg, FLORIDA
www.stpete.org
Responsive Web Design
Details: A heavy government informational city website design that allows to you get
to anywhere in the website within 2-3 clicks from the home page! As well as feel like
you are part of the community right from the home page. Social media feeds from
Instagram, Flickr, Facebook, Twitter, and YouTube all on the homepage!
Features: Members Center, Event Calendar, Document Center, Quick Links, Citizen
Request Center, Advanced Photo Gallery, Language Translator, Community Alerts
and Social Media Center
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Pipestone County, MINNESOTA
www.pipestone-county.com
Responsive Web Design
Details: The Pipestone County design masters bringing together the beauty of the
county with a straight forward connection to everyday resident information. The
website not only functions as a community engagement center but has special SEO
attraction for tourism interests with easy navigation.
Features: Event Calendar, Latest News, Document Center, Community Alerts, Staff
Directory, Bid Posting, Job Posting and Quick Links.
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Wylie, TEXAS
www.wylietexas.gov
Responsive Web Design – TAMIO Award Winning Website
Details: City website designed to make you feel like you are in this charming
community. The website not only functions as a community engagement center but
has special SEO attraction for tourism interests with easy navigation! The website
makes you feel like you want to go there! As well as feel like you are part of the
community right from the home page
Features: Mega Menu, Members Center, Event Calendar, Document Center, Quick
Links and Online Bill Payment
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Woodbury, MINNESOTA
www.woodburymn.gov
Responsive Web Design
Details: A municipal website design that reflects a true sense of community. This site
also features beautifully incorporated mega menus.
Features: Members Center, Event Calendar, Document Center, Quick Links and
Online Bill Payment
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Revize Quote
Revize WEBGEN “Ready to Use” Website
Design – includes Color Scheme and
Banner customization, Revize CMS
integration, and Content Editor training,
onetime fee
$2,000
Revize CMS Annual Software
Subscription (2 Users), Tech Support,
Software Updates, and Website Hosting
up to 10 GB storage – annual fee
$1,200
Grand Total (1st year)
Second year and onwards investment
$3,200
$1,200/year
Website delivery: approximately 4-6 weeks
Revize WEBGEN “Ready to Use” Website Design – pick from one of three designs,
starting on page 32. Revize will change the color scheme and customize the banner to
fit your organization. Each design includes Response Website Design programming for
great viewing on any size mobile phone screen without having to zoom in on the text!
Takes approximately 4 - 6 weeks.
Revize CMS web content management software subscription for up to 2 Content
Editors/Administrative Users
Revize Web Calendar Module, Document Center, and other modules as indicated on the
next page
Content migration included up to 100 webpages and 50 documents. Additional content
migration, if requested, is available for $3 per webpage and document.
Instructor Led Training – Revize content editing and administrative training, one session
up to 3 hours for up to 2 people via web conference and phone
Technical Support and Product Upgrades, Website Hosting
Four-year agreement
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Following Applications & Features will be integrated into Your
Website Project
Revize provides applications and features specifically designed for municipalities.
The applications and features are categorized into:
‣ Citizen’s Communication Center Apps
‣ Citizen’s Engagement Center Apps
‣ Staff Productivity Apps
‣ Site Administration and Security Features
‣ Mobile Device and Accessibility Features
CITIZEN’S COMMUNCIATION CENTER APPS:
Home Page Alert
Document Center
News Center
Online Forms
Photo Gallery/YouTube Video Upload
Quick Link Buttons
Revize Web Calendar – Unlimited Calendars
Social Media Fly Out
CITIZEN’S ENGAGEMENT CENTER APPS:
Online Bill Pay
STAFF PRODUCTIVITY APPS:
Vendor Registration/Management System via Vendor Registry
Image Manager
Link Checker
Menu Manager
Online Form Builder
Website Content Archiving
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SITE ADMIN & SECURITY APPS
Audit Trail
History Log
Roles and Permission-based Security Mode
Secure Site Gateway
Unique Login/Password for each Content Editor
MOBILE DEVICE AND ACCESSIBILITY FEATURES
Alt-Tags
Responsive Website Design (RWD) –Latest Government Design Technology
to accommodate better viewing of text and graphics for any size screen, i.e
SMART phones, PC Tablets, iPads, iPhones, Windows and Android devices
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Revize Support Includes:
8 AM – 8PM EST phone support (Monday thru Friday)
Staff to provide assistance and answer all questions
Dedicated Support Staffs
New User Trainings
Existing User Training / Training Refreshers
Video Tutorials and Online Training Manual
Automatic Integration of Enhancements
E-Newsletter Module Support
Automatic Upgrade of CMS Modules, such as Calendar, Document Center,
etc…
4 Major CMS Upgrades per Year
Software & Modules Upgrades (Automatic Install)
Server Hardware & OS Upgrades
Immediate Bug Fixes / Patches
Round the Clock Server Monitoring
Data Center Network Upgrades
Security and Antivirus Software Upgrades
Firewall and Router Upgrades
Bandwidth and Network Infrastructure Upgrades
Remote Backup of all Website Assets
Tape backup of all Website Assets
Quarterly Newsletters on the Major Feature Updates
Regular Webinars on CMS Features and Usage
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Revize WEBGEN “Ready-to-Use”
Website Designs:
Small City Design
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Waveville Design
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Mountain Lake Design
STAFF REPORT
DATE: August 8, 2018
REGULAR
ITEM #6 - Consent
MOTION
TO: City Council
FROM: Sue Iverson – Finance Director
AGENDA ITEM: Accept 2nd Quarter Financials
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations
and report the unaudited financial information to the City Council on a regular basis.
ISSUE BEFORE THE CITY COUNCIL:
1) Does the City Council have any questions regarding the attached 2nd Quarter Financial information?
DISCUSSION:
As part of informing the City Council and community on the financial position of the City, staff prepared
budget to actual information for the General Fund and Utility Funds in the attachment.
This format aligns with the budget worksheets the City Council received during the 2018 budget cycle. On
the attachment there are comments outlining key items for the City Council.
FISCAL IMPACT:
N/A
RECOMMENDATION:
If removed from the consent agenda:
Motion to recommend approval of the 2nd Quarter Financial Statements which include the General Fund
and Utility Funds.
ATTACHMENTS:
1) 2nd Quarter Financials – General Fund and Utility Funds
CITY OF LAKE ELMO
2018 Budget
2nd Quarter Financials
1
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
General Fund Revenues:
Total Taxes 2,382,813$ -$ 0.00%1st half July, 2nd half Dec
Total Licenses and Permits 994,400$ 702,459$ 70.64%
Total Intergovernmental 238,026$ -$ 0.00%Most are July and December receipt.
Total Charges for Services 611,595$ 371,018$ 60.66%
Total Fines and Forfeits 49,000$ -$ 0.00%
Total Investment Earnings 40,000$ -$ 0.00%
Total Miscellaneous 160,900$ 140,467$ 87.30%
Total General Fund Revenues:4,476,734$ 1,213,944$ 27.12%
General Fund Expenditures:
1110 Total Mayor & Council 48,404$ 17,830$ 36.84%
1320 Total Administration 518,737$ 303,995$ 58.60%
1410 Total Elections 10,160$ 1,666$ 16.40%
1450 Total Communications 87,120$ 62,101$ 71.28%
1520 Total Finance 196,607$ 147,273$ 74.91%Software conversion costs
1910 Total Planning & Zoning 271,570$ 169,563$ 62.44%Comp Plan
1930 Total Engineering Services 36,216$ 22,191$ 61.27%
1940 Total City Hall 68,153$ 25,689$ 37.69%
2100 Total Police 665,675$ 634$ 0.10%bill not received from County yet
2150 Total Prosecution 44,996$ 17,500$ 38.89%
2220 Total Fire 570,443$ 317,565$ 55.67%
2250 Total Fire Relief 47,000$ -$ 0.00%Payment made when revenue is received to pass thru
2400 Total Building Inspection 419,498$ 132,326$ 31.54%
2500 Total Emergency Communications 1,780$ 900$ 50.56%
2700 Total Animal Control 7,725$ 3,622$ 46.89%
3100 Total Streets 1,400,770$ 599,529$ 42.80%
5200 Total Parks & Recreation 275,880$ 90,874$ 32.94%
9000 Total Transfers -$ -$ #DIV/0!
Total General Fund Expenditures:4,670,734$ 1,913,257$ 40.96%
Total Gen Fund Revs. Over/(Under) Expenditures:(194,000)$ (699,313)$ Use of Fund Balance if negative
CITY OF LAKE ELMO
2018 Budget
2nd Quarter Financials
2
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
601 Water Fund
Water Fund Revenues:
601-000-0000-36100 Special Assessments 111,077 9,429 8.49%1st half July, 2nd half Dec
601-000-0000-36210 Interest on Investments 20,000 0.00%
601-000-0000-37100 Water Sales 597,769 226,797 37.94%recorded as payments received, only reflects 1st quarter
601-000-0000-37120 Bulk Water 2,000 438 21.90%
601-000-0000-37130 Water Lat Benefit Fee 11,600 #DIV/0!
601-000-0000-37140 Water Access Revenue 960,000 89,000 9.27%
601-000-0000-37150 Water Connections - Municipal 320,000 154,000 48.13%
601-000-0000-37170 Meter Sales 87,500 51,998 59.43%
Total Water Fund Revenues:2,098,346$ 543,263$ 25.89%
Total Water Fund Expenses:1,835,423$ 520,516$ 28.36%
Total Water Fund Revs. Over/(Under) Expenses:262,923$ 22,746$
CITY OF LAKE ELMO
2018 Budget
2nd Quarter Financials
3
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
602 Sewer Fund
Sewer Fund Revenues:
602-000-0000-36100 Special Assessments 77,874 33,100 42.50%1st half July, 2nd half Dec
602-000-0000-36210 Interest on Investments 20,000 0.00%
602-000-0000-37200 Sewer Sales 247,599 110,677 44.70%recorded as payments received, only reflects 1st quarter
602-000-0000-37220 SAC Early Pay discount/revenue 5,800 3,500 60.34%
602-000-0000-37230 Sewer Lat Benefit Fee 25,500 0.00%
602-000-0000-37240 Sewer Connecton Fee Revenue (SAC)883,200 21,000 2.38%
602-000-0000-37250 Sewer Connection Fees Regional - 408,534 #DIV/0!
602-000-0000-37260 Sewer Connection Fees Municipa 345,500 153,500 44.43%
Total Sewer Fund Revenues:1,605,473$ 730,311$ 45.49%
Total Sewer Fund Expenses:843,970$ 228,417$ 27.06%
Total Sewer Fund Revs. Over/(Under) Expenses:761,503$ 501,894$
CITY OF LAKE ELMO
2018 Budget
2nd Quarter Financials
4
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
603 Storm Water Fund
Storm Water Fund Revenues:
603-000-0000-36100 Special Assessments #DIV/0!
603-000-0000-36210 Interest on Investment 7,000 0.00%
603-000-0000-37100 Surface Water Utility Sales 283,587 198,939 70.15%
603-000-0000-37140 SW Review Fee Revenue 29,375 20,838 70.94%
Total Storm Water Fund Revenues:319,962$ 219,776$ 68.69%
Total Storm Water Fund Expenses:404,564$ 53,383$ 13.20%
Total Storm Water Fund Revs. Over/(Under) Expenses:(84,602)$ 166,394$
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
5
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
General Fund Revenues:
Taxes
101-000-0000-31010 Current Ad Valorem Taxes 2,202,698$ -$ 0.00%1st half July, 2nd half Dec
101-000-0000-31020 Delinquent Ad Valorem Taxes 15,000 - 0.00%1st half July, 2nd half Dec
101-000-0000-31030 Mobile Home Tax 15,000 - 0.00%1st half July, 2nd half Dec
101-000-0000-31040 Fiscal Disparities 149,615 - 0.00%1st half July, 2nd half Dec
101-000-0000-31050 Tax Abatement - - #DIV/0!1st half July, 2nd half Dec
101-000-0000-31910 Penalty & Interest on Taxes 500 - 0.00%1st half July, 2nd half Dec
101-000-0000-31920 Forfeited Tax Sale Apportionment - - #DIV/0!1st half July, 2nd half Dec
Total Taxes 2,382,813$ -$ 0.00%
Licenses and Permits
101-000-0000-32110 Liquor License 8,300 200 2.41%
101-000-0000-32180 Wastehauler License 1,000 - 0.00%
101-000-0000-32181 General Contractor License - 150 #DIV/0!
101-000-0000-32210 Building Permits 800,000 501,100 62.64%
101-000-0000-32211 Driveway Permits 17,500 10,980 62.74%
Fireplace Permits - 11,040 #DIV/0!budgeted in Bldg Permits
101-000-0000-32220 Heating Permits 60,000 36,562 60.94%
101-000-0000-32230 Plumbing Permits 60,000 35,802 59.67%
Pool Permits - 750 #DIV/0!budgeted in Bldg Permits
Siding Permits - 14,927 #DIV/0!budgeted in Bldg Permits
Roof Permits - 60,022 #DIV/0!budgeted in Bldg Permits
101-000-0000-32240 Animal License 2,000 1,200 60.00%
101-000-0000-32250 Utility Permits 33,000 27,370 82.94%
101-000-0000-32260 Burning Permit 2,500 1,415 56.60%
101-000-0000-32270 Massage Therapy Licenses 100 200 200.00%
101-000-0000-35101 Fire Sprinkler Alarm Fees 8,500 273 3.21%
Fire Alarm Fees 1,500 470 31.33%
Total Licenses and Permits 994,400$ 702,459$ 70.64%
Intergovernmental
101-000-0000-33418 MSA - Maintenance 135,561 0.00%July receipt
101-000-0000-33420 State Fire Aid 47,000 0.00%November receipt
101-000-0000-33422 PERA Aid 2,749 0.00%July and December receipt.
101-000-0000-33426 Miscellaneous State Grants 4,820 0.00%
Payment in Lieu of Taxes 32,130 0.00%ISD 916 Service Fee Due in Dec.
101-000-0000-33621 Recycling Grant 15,766 - 0.00%July receipt
Total Intergovernmental 238,026$ -$ 0.00%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
6
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
Charges for Services
101-000-0000-34103 Zoning & Subdivision Fees 55,000 21,265 38.66%
101-000-0000-34104 Plan Check Fees 525,000 314,701 59.94%
101-000-0000-34105 Sale of Copies, Books, Maps 200 17 8.38%
101-000-0000-34107 Assessment Searches 1,395 525 37.63%
101-000-0000-34111 Cable Operation Reimbursement 5,000 2,910 58.20%Offset with Cable Operators charge in Communications
101-000-0000-34112 Planning & Zoning Review Fee - 16,000 #DIV/0!$100 every new review charged
101-000-0000-36206 Escrow Administration Fee 25,000 15,600 62.40%$100 every new escrow is charged
Total Charges for Services 611,595$ 371,018$ 60.66%
Fines and Forfeits
101-000-0000-35100 Fines 49,000 - 0.00%July receipt
Total Fines and Forfeits 49,000$ -$ 0.00%
Investment Earnings
101-000-0000-36210 Interest Earnings 40,000 - 0.00%Interest allocated in December
Total Investment Earnings 40,000$ -$ 0.00%
Miscellaneous
101-000-0000-33622 Cable Franchise Revenue 68,000 81,581 119.97%
101-000-0000-36200 Miscellaneous Revenue 29,900 781 2.61%
Conservation Easement Fee 20,000 #DIV/0!
101-000-0000-36230 Donations 10,000 14,036 140.36%Arbor Glen Safe Haven Project $1,336, Jaycees $12,700
101-000-0000-37180 Tower Rent 53,000 24,069 45.41%
Total Miscellaneous 160,900$ 140,467$ 87.30%
Total General Fund Revenues:4,476,734$ 1,213,944$ 27.12%
General Fund Expenditures:
1110 Mayor & Council
Personnel
101-410-1110-41030 Part-time Salaries 25,690 12,845 50.00%
101-410-1110-41220 FICA Contributions 1,593 796 49.99%
101-410-1110-41230 Medicare Contributions 373 186 49.94%
101-410-1110-41510 Workers Compensation 198 237 119.46%Payment made in January
Total Personnel 27,854$ 14,064$ 50.49%
Materials and Supplies
101-410-1110-42000 Office Supplies 30 0.00%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
7
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
101-410-1110-42001 Computer Reimbursement #DIV/0!
101-410-1110-43310 Mileage 300 - 0.00%
Total Materials and Supplies 330$ -$ 0.00%
Charges and Services
101-410-1110-44300 Miscellaneous 6,750 111 1.64%
101-410-1110-44330 Dues & Subscriptions 12,470 3,655 29.31%
101-410-1110-44370 Conferences & Training 1,000 - 0.00%
Total Charges and Services 20,220$ 3,766$ 18.63%
1110 Total Mayor & Council 48,404$ 17,830$ 36.84%
1320 Administration
Personnel
101-410-1320-41010 Full-time Salaries 217,946 144,317 66.22%
101-410-1320-41210 PERA Contributions 16,346 10,828 66.24%
101-410-1320-41220 FICA Contributions 13,146 8,484 64.54%
101-410-1320-41230 Medicare Contributions 3,160 1,984 62.79%
101-410-1320-41300 Insurance 42,456 21,200 49.93%
101-410-1320-41510 Workers Compensation 1,678 2,005 119.46%Payment made in Jan
Total Personnel 294,732$ 188,818$ 64.06%
Materials and Supplies
101-410-1320-42000 Office Supplies 4,500 1,646 36.57%
101-410-1320-42030 Printed Forms 785 - 0.00%
101-410-1320-43090 Newsletter/Website 100 - 0.00%
Total Materials and Supplies 5,385$ 1,646$ 30.56%
Charges and Services
101-410-1320-43100 Assessing Services 53,350 7,983 14.96%
101-410-1320-43040 Legal Services 100,000 60,565 60.56%
101-410-1320-43150 Contract Services 3,000 1,420 47.34%
101-410-1320-43180 Information Technology/Web 4,500 2,221 49.36%
101-410-1320-43190 Software Programs 3,750 2,011 53.62%
101-410-1320-43210 Telephone 1,770 642 36.28%
101-410-1320-43220 Postage 4,000 1,149 28.73%
101-410-1320-43310 Mileage 1,000 170 17.05%
101-410-1320-43510 Legal Publishing 13,000 1,473 11.33%
101-410-1320-43610 Insurance 29,400 30,999 105.44%Payment made in Jan
101-410-1320-44330 Dues & Subscriptions 2,250 1,889 83.96%
101-410-1320-44370 Conferences & Training 2,000 1,987 99.33%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
8
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
Total Charges and Services 218,020$ 112,509$ 51.61%
Miscellaneous
101-410-1320-44300 Miscellaneous 600 1,022 170.31%Empl/Public Service Recognition Supplies
Total Miscellaneous 600$ 1,022$ 170.31%
1320 Total Administration 518,737$ 303,995$ 58.60%
1410 Elections
Personnel
101-410-1410-41030 Part-time Salaries 7,500 0.00%Primary Aug, General Nov
101-410-1410-41510 Workers Compensation - - #DIV/0!
Total Personnel 7,500$ -$ 0.00%
Charges and Services
101-410-1410-43310 Travel Expense 6 #DIV/0!
101-410-1410-43150 Contract Services 1,660 1,660 100.00%Wash. Cty. charges for elections
Total Charges and Services 1,660$ 1,666$ 100.35%
Capital Outlay
101-410-1410-45800 Other Equipment - - #DIV/0!
Total Capital Outlay -$ -$ #DIV/0!
Miscellaneous
101-410-1410-44300 Miscellaneous 1,000 - 0.00%
Total Miscellaneous 1,000$ -$ 0.00%
1410 Total Elections 10,160$ 1,666$ 16.40%
1450 Communications
Personnel
101-410-1450-41010 Full-time Salaries 28,434 15,247 53.62%
101-410-1450-41210 PERA Contributions 2,133 1,144 53.62%
101-410-1450-41220 FICA Contributions 1,763 961 54.52%
101-410-1450-41230 Medicare Contributions 412 225 54.57%
101-410-1450-41300 Insurance 7,659 3,750 48.96%
101-410-1450-41510 Workers Compensation 219 262 119.46%
Total Personnel 40,620$ 21,588$ 53.15%
Charges and Services
101-410-1450-43090 Newsletter 5,000 2,069 41.38%Spring/Summer newsletter
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
9
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
101-410-1450-43180 Information Technology/Web 35,500 34,878 98.25%
101-410-1450-43220 Postage 1,000 656 65.61%newsletter postage
101-410-1450-43620 Cable Operations 5,000 2,910 58.20%
101-410-1450-44370 Conferences and Training - - #DIV/0!
Total Charges and Services 46,500$ 40,513$ 87.12%
1450 Total Communications 87,120$ 62,101$ 71.28%
1520 Finance
Personnel
101-410-1520-41010 Full-time Salaries 14,665 23,395 159.53%2018 Hired Full Time Fin Dir
Temporary Employees 6,760 2,556 37.81%
101-410-1520-41210 PERA Contributions 1,100 1,755 159.51%2018 Hired Full Time Fin Dir
101-410-1520-41220 FICA Contributions 1,328 1,540 115.99%2018 Hired Full Time Fin Dir
101-410-1520-41230 Medicare Contributions 311 360 115.82%2018 Hired Full Time Fin Dir
101-410-1520-41300 Insurance 3,831 3,800 99.19%2018 Hired Full Time Fin Dir
101-410-1520-41420 Unemployment Benefits 5,464 0 0.00%
101-410-1520-41510 Workers Compensation 165 244 147.76%Payment made in Jan
Total Personnel 33,624$ 33,651$ 100.08%
Materials and Supplies
101-410-1520-42000 Office Supplies 600 1,077 179.54%Set up for new employee
101-410-1520-42030 Printed Forms 375 1,039 277.18%Check Stock
Total Materials and Supplies 975$ 2,117$ 217.09%
Charges and Services
101-410-1520-43010 Audit Services 30,425 15,400 50.62%
101-410-1520-43150 Contract Services 108,150 77,120 71.31%Finance Consultant /CLA Jan-May
101-410-1520-43180 IT Support 607 #DIV/0!
101-410-1520-43190 Software Programs 19,433 16,716 86.02%Software Upgrade
101-410-1520-43210 Telephone 875 290 33.16%
101-410-1520-43310 Mileage 250 - 0.00%
101-410-1520-44330 Dues & Subscriptions 500 1,037 207.40%New employee memberships
101-410-1520-44370 Conferences & Training 750 - 0.00%
Total Charges and Services 160,383$ 111,170$ 69.32%
Miscellaneous
101-410-1520-44300 Miscellaneous 1,625 336 20.66%
Total Miscellaneous 1,625$ 336$ 20.66%
1520 Total Finance 196,607$ 147,273$ 74.91%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
10
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
1910 Planning & Zoning
Personnel
101-410-1910-41010 Full-time Salaries 146,468 88,096 60.15%
Temporary Employees 6,760 1,491 22.06%
101-410-1910-41210 PERA Contributions 10,985 6,614 60.20%
101-410-1910-41220 FICA Contributions 9,500 5,498 57.87%
101-410-1910-41230 Medicare Contributions 2,222 1,286 57.86%
101-410-1910-41300 Insurance 26,803 6,500 24.25%
101-410-1910-41510 Workers Compensation 1,192 1,424 119.46%Payment made in Jan
Total Personnel 203,930$ 110,908$ 54.39%
Materials and Supplies
101-410-1910-42000 Office Supplies 800 121 15.13%
101-410-1910-42030 Printed Forms - - #DIV/0!
Total Materials and Supplies 800$ 121$ 15.13%
Charges and Services
101-410-1910-43020 Comprehensive Planning 36,000 47,667 132.41%
101-410-1910-43030 Engineering Services 15,000 7,980 53.20%
101-410-1910-43150 Contract Services 10,000 973 9.73%
101-410-1910-43190 Software Programs 100 26 26.00%
101-410-1910-43210 Telephone 1,100 364 33.10%
101-410-1910-43220 Postage 25 13 53.16%
101-410-1910-43310 Mileage 300 40 13.49%
101-410-1910-43510 Legal Publishing 500 1,067 213.34%
101-410-1910-44330 Dues & Subscriptions 1,115 170 15.25%
101-410-1910-44370 Conferences & Training 2,500 233 9.31%
Total Charges and Services 66,640$ 58,534$ 87.84%
Miscellaneous
101-410-1910-44300 Miscellaneous 200 - 0.00%
Total Miscellaneous 200$ -$ 0.00%
1910 Total Planning & Zoning 271,570$ 169,563$ 62.44%
1930 Engineering Services
Charges and Services
101-410-1930-43030 Engineering Services 36,000 22,191 61.64%
101-410-1930-43210 Telephone 216 - 0.00%
Total Charges and Services 36,216$ 22,191$ 61.27%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
11
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
Capital Outlay
Construction Projects - - #DIV/0!
Total Capital Outlay -$ -$ #DIV/0!
1930 Total Engineering Services 36,216$ 22,191$ 61.27%
1940 City Hall
Materials and Supplies
101-410-1940-42110 Cleaning Supplies #DIV/0!
101-410-1940-42230 Building Repair Supplies 800 500 62.44%
Total Materials and Supplies 800$ 500$ 62.44%
Charges and Services
101-410-1940-43180 Information Technology/Web 389 0.00%
101-410-1940-43210 Telephone 900 767 85.28%
101-410-1940-43810 Utilities 6,500 1,517 23.34%
101-410-1940-43840 Refuse 1,325 637 48.11%
101-410-1940-44010 Repairs/Maint Contractual Bldg 6,000 6,459 107.66%cintas and cleaning, changed locks in 2018
101-410-1940-44040 Repairs/Maint Contractual Eqpt 18,000 7,335 40.75%
101-410-1940-44120 Rentals - Building 33,223 7,998 24.07%city lease space
Total Charges and Services 66,337$ 24,715$ 37.26%
Miscellaneous
101-410-1940-44300 Miscellaneous 1,016 475 46.75%
Total Miscellaneous 1,016$ 475$ 46.75%
1940 Total City Hall 68,153$ 25,689$ 37.69%
2100 Police
Charges and Services
101-420-2100-43150 Law Enforcement Contract 664,675 634 0.10%Invoice not received yet
101-420-2100-44300 Misc. - Community Event 1,000 - 0.00%
Total Charges and Services 665,675$ 634$ 0.10%
2100 Total Police 665,675$ 634$ 0.10%
2150 Prosecution
Charges and Services
101-420-2150-43045 Attorney Criminal 44,996 17,500 38.89%
Total Charges and Services 44,996$ 17,500$ 38.89%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
12
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
2150 Total Prosecution 44,996$ 17,500$ 38.89%
2220 Fire
Personnel
101-420-2220-41010 Full-time Salaries 85,515 44,912 52.52%
101-420-2220-41030 Part-time Salaries 158,179 103,671 65.54%
Paid On Call Salaries 70,000 0.00%YTD costs are in Part-time Salaries above
101-420-2220-41210 PERA Contributions 39,180 17,015 43.43%
101-420-2220-41220 FICA Contributions 4,340 6,428 148.10%
101-420-2220-41230 Medicare Contributions 1,015 2,109 207.78%
101-420-2220-41300 Insurance 17,093 8,500 49.73%
101-420-2220-41510 Workers Compensation 26,481 31,635 119.46%
Total Personnel 401,803$ 214,269$ 53.33%
Materials and Supplies
101-420-2220-42000 Office Supplies 500 26 5.15%
101-420-2220-42080 EMS Supplies 1,200 118 9.83%
101-420-2220-42090 Fire Prevention 3,000 332 11.07%
101-420-2220-42120 Fuel, Oil and Fluids 8,000 7,519 93.98%
101-420-2220-42400 Small Tools & Equipment 22,675 19,277 85.01%
Total Materials and Supplies 35,375$ 27,272$ 77.09%
Charges and Services
101-420-2220-43050 Physicals 8,075 2,246 27.81%
101-420-2220-43210 Telephone 4,200 2,030 48.34%
101-420-2220-43230 Radio 21,615 11,055 51.14%
101-420-2220-43310 Mileage 500 171 34.22%
101-420-2220-43630 Insurance 8,549 7,195 84.16%corrected allocation,
101-420-2220-43810 Utility 15,500 7,360 47.48%
101-420-2220-43840 Refuse 3,200 267 8.33%
101-420-2220-44010 Repairs/Maint Bldg 7,000 4,657 66.53%
101-420-2220-44040 Repairs/Maint Eqpt 25,896 23,534 90.88%
101-420-2220-44170 Uniforms 9,821 3,367 34.29%
101-420-2220-44330 Dues & Subscriptions 3,955 2,922 73.88%
101-420-2220-44350 Books 440 0.00%
101-420-2220-44370 Conferences & Training 22,514 10,577 46.98%
Total Charges and Services 131,265$ 75,381$ 57.43%
Capital Outlay
101-420-2220-45500 Vehicle #DIV/0!
101-420-2220-45800 Equipment - - #DIV/0!
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
13
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
Total Capital Outlay -$ -$ #DIV/0!
Miscellaneous
101-420-2220-44300 Miscellaneous 2,000 643 32.14%
Total Miscellaneous 2,000$ 643$ 32.14%
2220 Total Fire 570,443$ 317,565$ 55.67%
2250 Fire Relief
Charges and Services
101-420-2250-44920 Fire State Aid 47,000 - 0.00%Relief Assoc. pass through when revenue received
Total Charges and Services 47,000$ -$ 0.00%
2250 Total Fire Relief 47,000$ -$ 0.00%
2400 Building Inspection
Personnel
101-420-2400-41010 Full-time Salaries 272,754 88,539 32.46%1 additional Bldg Insp in 2018 not filled
101-420-2400-41210 PERA Contributions 20,457 6,643 32.47%1 additional Bldg Insp in 2018 not filled
101-420-2400-41220 FICA Contributions 16,911 5,341 31.58%1 additional Bldg Insp in 2018 not filled
101-420-2400-41230 Medicare Contributions 3,955 1,249 31.58%1 additional Bldg Insp in 2018 not filled
101-420-2400-41300 Insurance 53,002 16,000 30.19%1 additional Bldg Insp in 2018 not filled
101-420-2400-41510 Workers Compensation 2,149 2,567 119.46%
Total Personnel 369,228$ 120,339$ 32.59%
Materials and Supplies
101-420-2400-42000 Office Supplies 1,750 413 23.61%
101-420-2400-42030 Printed Forms 350 0.00%
101-420-2400-42120 Fuel, Oil and Fluids 3,600 - 0.00%
Total Materials and Supplies 5,700$ 413$ 7.25%
Charges and Services
101-420-2400-43030 Engineering 1,000 0.00%
101-420-2400-43180 Information Technology/Web 7,405 4,312 58.23%
101-420-2400-43210 Telephone 2,500 1,797 71.88%
101-420-2400-43510 Legal Publishing #DIV/0!
101-420-2400-43630 Insurance 400 3,566 891.44%corrected allocation
101-420-2400-44040 Repairs/Maint Eqpt 1,000 93 9.29%
101-420-2400-44170 Uniforms 1,200 160 13.33%
101-420-2400-44330 Dues & Subscriptions 740 0.00%
101-420-2400-44350 Books 500 231 46.20%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
14
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
101-420-2400-44370 Conferences & Training 4,825 1,415 29.33%
Total Charges and Services 19,570$ 11,573$ 59.14%
Capital Outlay
101-420-2400-45500 Vehicle 24,000 - 0.00%Moved from 2018 to 2019
Total Capital Outlay 24,000$ -$ 0.00%
Miscellaneous
101-420-2400-44300 Miscellaneous 1,000 - 0.00%
Total Miscellaneous 1,000$ -$ 0.00%
2400 Total Building Inspection 419,498$ 132,326$ 31.54%
2500 Emergency Communications
Charges and Services
101-420-2500-43150 Contract Services 1,780 900 50.56%
Total Charges and Services 1,780$ 900$ 50.56%
2500 Total Emergency Communications 1,780$ 900$ 50.56%
2700 Animal Control
Charges and Services
101-420-2700-43150 Contract Services 7,725 3,622 46.89%
Total Charges and Services 7,725$ 3,622$ 46.89%
2700 Total Animal Control 7,725$ 3,622$ 46.89%
3100 Streets
Personnel
101-430-3100-41010 Full-time Salaries 321,079 216,577 67.45%
Overtime 4,000 0.00%On call pay
Temporary Employees 9,360 1,430 15.28%Seasonals
101-430-3100-41210 PERA Contributions 24,081 15,918 66.10%
101-430-3100-41220 FICA Contributions 20,735 13,128 63.31%
101-430-3100-41230 Medicare Contributions 4,849 3,070 63.32%
101-430-3100-41300 Insurance 62,796 31,000 49.37%
Safety Clothing Allowance 971 0.00%
101-430-3100-41510 Workers Compensation 19,749 23,593 119.46%Payment made in Jan
Total Personnel 467,620$ 304,715$ 65.16%
Materials and Supplies
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
15
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
101-430-3100-42000 Office Supplies 800 367 45.84%
101-430-3100-42120 Fuel, Oil and Fluids 28,500 23,803 83.52%
101-430-3100-42150 Operating Supplies 2,000 2,206 110.29%
Shift between line items, corrected coding to correct line
item, previously 44170 Uniforms
101-430-3100-42210 Repair/Maint. Supplies 12,750 15,072 118.21%Truck tires $3064
101-430-3100-42240 Street Maintenance & Landscaping - Materials 20,000 8,884 44.42%
101-430-3120-42260 Street Signs 5,000 1,575 31.50%
101-430-3125-42290 Sand/Salt S&I 75,000 80,536 107.38%
101-430-3100-42400 Small Tools & Minor Equipment 8,000 2,599 32.48%
101-430-3100-44375 Personal Protection Equipment 2,800 472 16.86%
Total Materials and Supplies 154,850$ 135,513$ 87.51%
Charges and Services
101-430-3100-43030 Engineering Services 4,800 1,674 34.88%
101-430-3100-43090 Sealcoating & Crack Sealing 425,000 - 0.00%
101-430-3100-43150 Contract Services 24,500 6,722 27.44%
101-430-3100-43180 Information Technology/Web 400 #DIV/0!
101-430-3100-43210 Telephone 7,800 3,483 44.66%
101-430-3100-43230 Radio 24,000 21,116 87.98%
101-430-3100-43630 Insurance 19,000 17,740 93.37%corrected allocation
101-430-3100-43810 Utilities 19,124 11,718 61.27%
101-430-3100-43811 Street Lights 32,876 20,144 61.27%
101-430-3100-43840 Refuse 3,000 2,426 80.86%
101-430-3100-44010 Repairs/Maint Bldg.21,000 15,756 75.03%new garage doors/openers at PW
101-430-3100-44030 Repairs/Maint Imp Other Than Bldg.1,500 928 61.89%
101-430-3100-44040 Repairs/Maint Equip 22,000 15,694 71.34%
Repairs/Maint Equip S&I 12,000 0.00%
101-430-3100-44130 Equipment Rental 2,000 0.00%
101-430-3100-44170 Uniforms 7,500 3,419 45.59%
101-430-3100-44330 Dues & Subscriptions 600 661 110.15%
101-430-3100-44370 Conferences & Training 4,800 1,017 21.18%
101-430-3100-44380 Clean-up Days - - #DIV/0!
Total Charges and Services 631,500$ 122,899$ 19.46%
Capital Outlay
Transfer to Vehicle Replacement Fund #DIV/0!
101-430-3100-45500 Capital Purchases 145,000 36,045 24.86%
Total Capital Outlay 145,000$ 36,045$ 24.86%
Miscellaneous
101-430-3100-44300 Miscellaneous 1,800 356 19.78%
Total Miscellaneous 1,800$ 356$ 19.78%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
16
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
3100 Total Streets 1,400,770$ 599,529$ 42.80%
5200 Parks & Recreation
Personnel
101-450-5200-41010 Full-time Salaries 99,036 21,295 21.50%Vacant positions
Temporary Employees 28,080 4,770 16.99%Seasonal Workers/Park Summer-Ice Rink Winter
101-450-5200-41210 PERA Contributions 7,428 1,734 23.35%Vacant positions
101-450-5200-41220 FICA Contributions 7,857 1,576 20.06%Vacant positions
101-450-5200-41230 Medicare Contributions 1,843 369 20.00%Vacant positions
101-450-5200-41300 Insurance 18,481 4,000 21.64%Vacant positions
Safety Clothing Allowance 236 0.00%
101-450-5200-41510 Workers Compensation 7,419 22,078 297.59%Payment made in Jan
Total Personnel 170,380$ 55,822$ 32.76%
Materials and Supplies
101-450-5200-42000 Office Supplies 800 319 39.86%
101-450-5200-42150 Operating Supplies 1,000 611 61.08%
101-450-5200-42160 Chemicals 2,000 0.00%
101-450-5200-42210 Repair/Maint. Supplies 7,000 768 10.98%
101-450-5200-42230 Building Repair Supplies 500 13 2.68%
101-450-5200-42400 Small Tools & Minor Equipment 2,500 247 9.88%
Total Materials and Supplies 13,800$ 1,958$ 14.19%
Charges and Services
101-450-5200-43150 Contracted Services 13,000 9,551 73.47%
101-450-5200-43210 Telephone 1,200 349 29.05%
101-450-5200-43630 Insurance 5,000 5,403 108.06%corrected allocation
101-450-5200-43810 Utilities 10,500 4,187 39.88%
101-450-5200-43840 Refuse 1,000 1,161 116.11%
101-450-5200-44010 Repairs/Maint Bldg 2,800 1,831 65.40%
101-450-5200-44030 Repairs/Maint Imp Not Bldgs 3,200 1,177 36.79%
101-450-5200-44040 Repairs/Maint Eqpt 3,200 1,120 35.00%
101-450-5200-44120 Rentals - Buildings 7,000 1,374 19.63%
101-450-5200-44170 Uniforms 100 0.00%
101-450-5200-44301 Events 500 482 96.35%Tree Give Away
101-450-5200-44302 Lakes 15,000 4,506 30.04%Grant to treat Invasive Species
101-450-5200-44370 Conferences & Training 1,200 900 75.00%
101-450-5200-44130 Equipment Rental 1,000 0.00%
101-450-5200-44375 Personal Protection Equipment 800 594 74.23%
Total Charges and Services 65,500$ 32,634$ 49.82%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
17
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
Capital Outlay
101-5200-5200-45500 Capital Purchases 25,000 - 0.00%
Total Capital Outlay 25,000$ -$ 0.00%
Miscellaneous
101-450-5200-44300 Miscellaneous 1,200 460 38.32%
Total Miscellaneous 1,200$ 460$ 38.32%
5200 Total Parks & Recreation 275,880$ 90,874$ 32.94%
9000 Transfers
Transfers
Transfer to Washington County (Library)#DIV/0!
Total Transfers -$ -$ #DIV/0!
9000 Total Transfers -$ -$ #DIV/0!
Total General Fund Expenditures:4,670,734$ 1,913,257$ 40.96%
Total Gen Fund Revs. Over/(Under) Expenditures:(194,000)$ (699,314)$ 360.47%Use of Fund Balance if negative
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
18
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
601 Water Fund
Water Fund Revenues:
601-000-0000-36100 Special Assessments 111,077 9,429 8.49%1st half July, 2nd half Dec
601-000-0000-36210 Interest on Investments 20,000 0.00%
601-000-0000-37100 Water Sales 597,769 226,797 37.94%recorded as payments received, only reflects 1st quarter
601-000-0000-37120 Bulk Water 2,000 438 21.90%
601-000-0000-37130 Water Lat Benefit Fee 11,600 #DIV/0!
601-000-0000-37140 Water Access Revenue 960,000 89,000 9.27%
601-000-0000-37150 Water Connections - Municipal 320,000 154,000 48.13%
601-000-0000-37170 Meter Sales 87,500 51,998 59.43%
Total Water Fund Revenues:2,098,346$ 543,263$ 25.89%
Water Fund Expenses:
Personnel
601-494-9400-41010 Full-time Salaries 101,194 55,309 54.66%
Overtime 4,000 0.00%On call pay
601-494-9400-41210 PERA Contributions 7,590 4,141 54.56%
601-494-9400-41220 FICA Contributions 6,497 3,279 50.47%
601-494-9400-41230 Medicare Contributions 1,525 767 50.28%
601-494-9400-41300 Insurance 21,743 11,000 50.59%
601-494-9400-41301 Unemployment Insurance 683 0.00%
Safety Clothing Allowance 193 0.00%
601-494-9400-41510 Workers Compensation 5,884 7,744 131.61%
Total Personnel 149,309$ 82,239$ 55.08%
Materials and Supplies
601-494-9400-42000 Office Supplies 800 178 22.31%
601-494-9400-42030 Printed Forms 750 0.00%
601-494-9400-42150 Operating Supplies 1,000 236 23.56%
601-494-9400-42160 Chemicals 13,000 4,280 32.92%
601-494-9400-42210 Repair/Maint. Supplies 26,000 7,297 28.07%
601-494-9400-42300 Water Meters & Supplies 132,000 91,831 69.57%
601-494-9400-44375 Personal Protective Equipment 800 198 24.76%
601-494-9400-42400 Small Tools & Minor Equipment 8,300 6,002 72.32%
Total Materials and Supplies 182,650$ 110,022$ 60.24%
Charges and Services
601-494-9400-43030 Engineering Services 20,000 4,903 24.51%
601-494-9400-43040 Legal Services 155,000 21,916 14.14%
601-494-9400-43150 Contract Services 47,400 19,497 41.13%Financial Consultant Jan-May
601-494-9400-43180 IT Support 37,133 9,737 26.22%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
19
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
601-494-9400-43210 Telephone 800 369 46.17%
601-494-9400-43220 Postage 2,000 9 0.46%
601-494-9400-43610 Insurance 12,000 7,981 66.51%corrected allocation
601-494-9400-43810 Electric Utility 45,000 31,000 68.89%
601-494-9400-43820 Water Utility - 38,658 #DIV/0!City of Oakdale
601-494-9400-44030 Repairs\Maint Imp Not Bldgs 20,000 9,627 48.14%
Repairs/Maint. Equip.8,000 3,443 43.03%
Repairs\Maint Imp Bldgs 2,000 3,505 175.26%
Equipment Rental 1,000 0.00%
601-494-9400-44370 Conferences & Training 2,000 125 6.25%
Total Charges and Services 352,333$ 150,770$ 42.79%
Capital Outlay
601-494-9400-45300 Improvments Other Than Bldgs 137,500 30,430 22.13%
Total Capital Outlay 137,500$ 30,430$ 22.13%
Miscellaneous and Non-operating
601-494-9400-44300 Miscellaneous 2,000 367 18.35%
601-494-9400-46010 Bond Principal 710,000 0.00%
601-494-9400-46110 Bond Interest 300,775 146,193 48.61%
601-494-9400-46200 Fiscal Agent Fees - Bond Payments 856 495 57.83%
601-494-9400-46250 Fiscal Agent Fees - Bond Issuance #DIV/0!
Deferred Charges Amort #DIV/0!
Bond Issuance Costs #DIV/0!
601-494-9400-47200 Transfer Out - - #DIV/0!
Total Misc. and Non-operating 1,013,631$ 147,055$ 14.51%
Total Water Fund Expenses:1,835,423$ 520,516$ 28.36%
Total Water Fund Revs. Over/(Under) Expenses:262,923$ 22,746$ 8.65%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
20
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
602 Sewer Fund
Sewer Fund Revenues:
602-000-0000-36100 Special Assessments 77,874 33,100 42.50%1st half July, 2nd half Dec
602-000-0000-36210 Interest on Investments 20,000 0.00%
602-000-0000-37200 Sewer Sales 247,599 110,677 44.70%recorded as payments received, only reflects 1st quarter
602-000-0000-37220 SAC Early Pay discount/revenue 5,800 3,500 60.34%
602-000-0000-37230 Sewer Lat Benefit Fee 25,500 0.00%
602-000-0000-37240 Sewer Connecton Fee Revenue (SAC)883,200 21,000 2.38%
602-000-0000-37250 Sewer Connection Fees Regional - 408,534 #DIV/0!
602-000-0000-37260 Sewer Connection Fees Municipa 345,500 153,500 44.43%
Total Sewer Fund Revenues:1,605,473$ 730,311$ 45.49%
Sewer Fund Expenses:
Personnel
602-495-9450-41010 Full-time Salaries 62,250 14,591 23.44%
Overtime 4,000 0.00%On call pay
602-495-9450-41210 PERA Contributions 4,669 1,087 23.27%
602-495-9450-41220 FICA Contributions 4,058 866 21.34%
602-495-9450-41230 Medicare Contributions 961 202 21.07%
602-495-9450-41300 Insurance 10,744 2,500 23.27%
Unemployment Insurance 342 0.00%
602-495-9450-41510 Workers Compensation 3,274 4,626 141.29%
Total Personnel 90,298$ 23,872$ 26.44%
Materials and Supplies
602-495-9450-42270 Repair/Maint. Supplies 4,000 (414) -10.36%
Office Supplies 800 1,199 149.85%
Operating Suppies 1,000 171 17.12%
Personal Protective Equipment 800 489 61.14%
602-495-9450-42400 Small Tools & Minor Equipment 5,500 2,437 44.32%
Total Materials and Supplies 12,100$ 3,882$ 32.08%
Charges and Services
602-495-9450-43030 Engineering Services 20,000 8,175 40.88%
602-495-9450-43150 Contract Services 21,400 8,200 38.32%Financial Consultant Jan-May
602-495-9450-43180 IT Support 33,533 10,712 31.94%
602-495-9450-43210 Telephone 1,500 679 45.28%
602-495-9450-43220 Postage 1,175 0.00%
602-495-9450-43610 Insurance 2,000 3,187 159.37%corrected allocation
602-495-9450-43810 Electric Utility 5,500 5,486 99.75%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
21
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
602-495-9450-43820 Sewer Utility - Met Council 92,140 46,070 50.00%
Repairs/Maint. Equip.4,500 3,523 78.28%
Equipment Rental 1,000 0.00%
602-495-9450-44030 Repairs\Maint Imp Not Bldgs 1,200 0.00%
602-495-9450-44370 Conferences & Training 2,000 545 27.25%
Total Charges and Services 185,948$ 86,577$ 46.56%
Capital Outlay
602-495-9450-45300 Improvements Other Than Bldgs 85,000 20,634 24.28%
Total Capital Outlay 85,000$ 20,634$ 24.28%
Miscellaneous and Non-operating
602-495-9450-44300 Miscellaneous Expenses 300 - 0.00%
602-495-9450-46010 Bond Principal 275,000 0.00%
602-495-9450-46110 Bond Interest 195,324 93,452 47.84%
Deferred Charges Amort #DIV/0!
Bond Issuance Costs #DIV/0!
602-495-9450-46250 Fiscal Agent Fees #DIV/0!
602-495-9450-47200 Transfer Out - - #DIV/0!
Total Misc. and Non-operating 470,624$ 93,452$ 19.86%
Total Sewer Fund Expenses:843,970$ 228,417$ 27.06%
Total Sewer Fund Revs. Over/(Under) Expenses:761,503$ 501,894$ 65.91%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
22
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
603 Storm Water Fund
Storm Water Fund Revenues:
603-000-0000-36100 Special Assessments #DIV/0!
603-000-0000-36210 Interest on Investment 7,000 0.00%
603-000-0000-37100 Surface Water Utility Sales 283,587 198,939 70.15%
603-000-0000-37140 SW Review Fee Revenue 29,375 20,838 70.94%
Total Storm Water Fund Revenues:319,962$ 219,776$ 68.69%
Storm Water Fund Expenses:
Personnel
603-496-9500-41010 Full-time Salaries 34,273 7,251 21.16%
603-496-9500-41210 PERA Contributions 2,570 544 21.16%
603-496-9500-41220 FICA Contributions 2,099 426 20.31%
603-496-9500-41230 Medicare Contributions 497 100 20.07%
603-496-9500-41300 Insurance 6,275 1,300 20.72%
Safety Clothing Allowance 53 0.00%
Unemployment Insurance 342 0.00%
603-496-9500-41510 Workers' Compensation 1,361 1,626 119.46%
Total Personnel 47,470$ 11,247$ 23.69%
Materials and Supplies
603-496-9500-42000 Office Supplies 800 86 10.78%
603-496-9500-42270 Repair/Maint. Maint Supplies 2,000 315 15.75%
Operating Supplies 1,000 0.00%
Personal Protective Equipment 800 198 24.76%
603-496-9500-42400 Small Tools & Minor Equipment 3,500 1,202 34.35%
Total Materials and Supplies 8,100$ 1,802$ 22.24%
Charges and Services
603-496-9500-43030 Engineering Services 20,000 1,175 5.88%
603-496-9500-43150 Contract Services 17,200 5,084 29.56%Financial Consultant Jan-May
603-496-9500-43180 IT Support 15,500 0.00%
603-496-9500-43220 Postage 2,000 0.00%
603-496-9500-43610 Insurance 1,500 5,001 333.42%corrected allocation
603-496-9500-44010 Street Sweeping 25,000 0.00%
Repairs/Maint Equip 1,000 0.00%
603-496-9500-44030 Repairs/Maint Not Bldg 3,000 0.00%
Equipment Rental 1,000 0.00%
603-496-9500-44370 Conferences & Training 2,500 270 10.80%
Total Charges and Services 88,700$ 11,531$ 13.00%
CITY OF LAKE ELMO
2018 Budget
Jan - Jun Financials
23
2018 2018 2018
Account Number Description Adopted YTD - Jun 2018 Used Comments
Capital Outlay
603-496-9500-45300 Improvements Other Than Bldgs 40,000 - 0.00%
Total Capital Outlay 40,000$ -$ 0.00%
Miscellaneous and Non-operating
603-496-9500-44300 Miscellaneous Expenses 2,000 666 33.30%
603-496-9500-46010 Bond Principal 160,000 0.00%
603-496-9500-46110 Bond Interest 58,294 28,138 48.27%
Deferred Charges Amort #DIV/0!
603-496-9500-46200 Fiscal Agent Fees #DIV/0!
Bond Issuance Costs - - #DIV/0!
Total Misc. and Non-operating 220,294$ 28,804$ 13.08%
Total Storm Water Fund Expenses:404,564$ 53,383$ 13.20%
Total Storm Water Fund Revs. Over/(Under) Expenses:(84,602)$ 166,394$ -196.68%
1
STAFF REPORT
DATE: August 8, 2018
REGULAR
ITEM #: 7
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Review of the Chicken Ordinance
REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
Staff had been asked to prepare an analysis of surrounding communities and their rules relating to the
keeping of chickens. The Council had reviewed the analysis at its workshop on January 9, 2018 and
directed Staff to increase the number of chickens allowed on properties within the City. The Council
tabled this item at its February 20, 2018 meeting.
PROPOSAL DETAILS/ANALYSIS:
Current Ordinance. The number of chickens that a property owner may have is dependent upon the
number of acres that their property consists of. As of now chickens are not allowed to be kept on
property that is .49 acres or less. For reference chickens kept on properties of 5 acres or more are
restricted to 0.02 animal units per 2 grazable acres (50 chickens per 2 grazable acres).
Amendments to Chapter 95 as it pertains to Chickens.
Staff has chosen to outline some of the more “significant” changes to the ordinance.
95.108 Keeping of Chickens
The number of chickens allowed is still being kept to zero on lots of .45 acres or less. However, all other
lot sizes have received an increase of two (2) with the exception of 4.5 – 4.99 acre lots, there was an increase
of 8 (up to 30 chickens proposed).
95.109 Permit Required; Term, Consent, Fee
All permits are now valid for two years instead of alternating from two years to one year after the first two
years. (See ordinance amendment for further clarification)
Notices are no longer required to be sent to neighbors within 150 ft.
95.111 Permit Conditions
Chicken coops were always required to maintain the designated setbacks. Staff had felt this further clarified
where they should be placed if there was a question in regards to location.
FISCAL IMPACT:
None.
2
OPTIONS:
- Adopt Ordinance 08-216 to approve amendments to chapter 95 Keeping of Chickens
- Deny Ordinance 08-216 which is amending chapter 95 Keeping of Chickens
- Adopt Ordinance 08-216 with amendments
RECOMMENDATION:
Staff is recommending approval of the amendments made to chapter 95 as it pertains to the keeping of
chickens.
“Motion to adopt Ordinance 08-216 amending chapter 95 Keeping of chickens”
And
“Motion to adopt Resolution 2018-087 authorizing summary publication of Ordinance 08-216”
ATTACHMENTS:
1. Ordinance 08-216
2. Resolution 2018-087
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-___-216
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING REGULATIONS PERTAINING TO THE KEEPING OF CHICKENS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title IX: General Regulations; Chapter 95:
Animals, by amending the following:
KEEPING OF CHICKENS
§ 95.105 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
BROODING. the period of chicken growth when supplemental heat must be provided, due to the bird’s inability to
generate enough body heat.
CHICKEN. a domesticated bird that serves as a source of eggs or meat (Gallus gallus domesticus).
COOP. The structure for the keeping or housing of chickens permitted by the subchapter.
EXERCISE YARD. A larger fenced area that provides space for exercise and foraging for the birds when
supervised.
HEN. A female chicken.
OFFICER. Any person designated by the city as an enforcement officer.
ROOSTER. A male chicken.
RUN. A fully-enclosed and covered area attached to a coop where the chickens can roam unsupervised.
(Ord. 08-100, passed 2-18-2014)
§ 95.106 PURPOSE.
It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding
pastime. Therefore, it is the purpose and intent of this subchapter to permit the keeping and maintenance of hens for
egg and meat sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety,
and welfare of the community.
(Ord. 08-100, passed 2-18-2014)
§ 95.107 INVESTIGATION AND ENFORCEMENT.
Officers designated by the city shall have authority in the investigation and enforcement of this subchapter, and no
person shall interfere with, hinder or molest any such officer in the exercise of such powers. The city shall make
investigations as is necessary and may grant, deny, or refuse to renew any application for permit, or terminate an
existing permit under this subchapter.
(Ord. 08-100, passed 2-18-2014)
§ 95.108 KEEPING OF CHICKENS.
(A) Chickens on less than 5 acres.
Lot Size (Acres) Chickens Allowed
0.00 - 0.49 0
0.50 - 0.99 4 6
1.00 - 1.49 6 8
1.50 - 1.99 8 10
2.00 - 2.49 10 12
2.50 - 2.99 12 14
3.00 - 3.49 14 16
3.50 - 3.99 16 18
4.00 - 4.49 18 20
4.50 - 4.99 22 30
(B) Chickens on 5 acres or more. Chickens maintained on parcels of 5 acres or more are restricted toallotted 0.02
animal units per 2 grazable acres. A permit is not required for keeping chickens on a parcel size of 5 acres or more. For
reference, see “Animal Unit Equivalency” chart in § 95.090.
(Ord. 08-100, passed 2-18-2014)
§ 95.109 PERMIT REQUIRED; TERM, CONSENT, FEE.
(A) No person shall (without first obtaining a permit in writing from the City Clerk) own, keep, harbor, or have
custody of any live chicken on a lot less than 5 acres without first obtaining a permit from the City Clerk.
(B) The first permit is Permits are valid for up to 2 years beginning on the date of issuance and ending on December
31 of the following second year. Subsequent permits are valid from January 1 to December 31.
(C) Prior to issuance of a permit, notices must be mailed to all homes within 150 feet of the applicant’s property
lines.
(DC) The fee for a permit may be imposed, set, established and fixed by the city council, by ordinance, from time to
time.
(Ord. 08-100, passed 2-18-2014) Penalty, see § 10.99
§ 95.110 APPLICATION.
Any person desiring a permit required under the provisions of this subchapter shall make written application to the
City Clerk upon a form prescribed by and containing such information as required by the city. Among other things, the
application shall contain the following information:
(A) A description of the real property upon which it is desired to keep the chickens.
(B) The breed and number of chickens to be maintained on the premises.
(C) A site plan of the property showing the location and size of the proposed chicken coop and run, setbacks from
the chicken coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the
location, type, and height of fencing proposed to contain the chickens in a run or exercise area. Portable coops and
cages are allowed, but portable locations must be included with the site plan.
(D) Statements that the applicant will at all times keep the chickens in accordance with all of the conditions
prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of
the provisions of this article and grounds for cancellation of the permit.
(E) Such other and further information as may be required by the officer.
(Ord. 08-100, passed 2-18-2014)
§ 95.111 PERMIT CONDITIONS.
Each person keeping chickens within the City of Lake Elmo shall comply with the following:
(A) No person may keep a rooster or crowing hen.
(B) No person may allow chickens to range freely without fencing or without a mobile pen.
(C) No person may keep chickens inside the house or attached garage.
(D) Chickens must be provided a secure and well ventilated roofed structure (“chicken coop”).
(E) The roofed structure and required fencing for the chickens may only be located in a rear yard and must meet
setback and building separations as established in city zoning and building codes, except that the roofed structure and
fencing must maintain a 20 foot separation from dwellings on adjacent properties as well as adhere to the minimum
setback requirements for accessory structures.
(F) The roofed structure shall be fully enclosed, wind proof, and have sufficient windows for natural light.
(G) Chickens, coops, and/or runs shall not be kept in such a manner as to constitute a nuisance.
(H) The chicken coop and run shall be kept in good repair as to be in compliance with the property maintenance
regulations elsewhere in the code.
(I) All chicken coops must have a minimum size of 4 square feet per bird and must be at least 4 feet in height.
(J) Fenced in chicken runs must have a minimum of 10 square feet per bird and must be at least 4 feet in height.
(K) All butchering waste shall be disposed of in a sanitary manner.
(L) Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require
chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of
chicken carcass disposal include burial, off-site incineration or rendering, or composting.
(Ord. 08-100, passed 2-18-2014; Am. Ord. 08-177, passed 6-20-2017) Penalty, see § 10.99
§ 95.112 VIOLATIONS.
(A) Any person violating any of the sections of this article shall be deemed guilty of a misdemeanor and upon
conviction, shall be penalized in accordance with § 10.99.
(B) If any person is found guilty by a court for violation of this section, their permit to own, keep, harbor, or have
custody of chickens shall be deemed automatically revoked and no new permit may be issued for a period of 1 year.
(C) Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to
enforce the conditions of the permit including, but not limited to, the pickup and impounding of chickens.
(Ord. 08-100, passed 2-18-2014)
§ 95.113 ISSUANCE, REVOCATION.
(A) If granted, the permit shall be issued by the city and shall state the conditions, if any, imposed upon the
permitted for the keeping of chickens under this permit. The permit shall specify the restrictions, limitations, conditions
and prohibitions which the city deems reasonably necessary to protect any person or neighboring use from unsanitary
conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be
modified from time to time or revoked by the city for failure to conform to such restrictions, limitations, or
prohibitions. Such modification or revocation shall be effective after 10 days following the mailing of written notice
thereof by certified mail to the person or persons keeping or maintaining such chickens.
(B) The city may revoke any permit issued under this subchapter if the person holding the permit refuses or fails to
comply with this subchapter, with any regulations promulgated by the city council pursuant to this article, or with any
state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall,
within 10 days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part
of the permit fee shall be refunded.
(Ord. 08-100, passed 2-18-2014)
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and
publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___ 2018, by a
vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
This Ordinance 08-____ -216 was published on the ____ day of ___________________, 2018.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2018-087
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-216 BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-216, an
ordinance amending chapter 95 as it pertains to the keeping of chickens within the City; and
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-216 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-216, which amends
the language in chapter 95 as it applies to the keeping of chickens within the City of Lake Elmo.
- As defined in by the table in 95.108, all properties have received an increase of two
chickens. With the exclusion of land .49 acres or less which will remain at zero and 4.5-
4.99 acres which received an increase of eight.
- All permits shall last for a duration of two years and notification to neighbors is no longer
required.
- Chicken coops must adhere to accessory building setback requirements.
The full text of Ordinance No. 08-216 is available for inspection at Lake Elmo city hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of
the ordinance be placed in a public location within the City.
Dated: August 8, 2018
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
STAFF REPORT
DATE: August 8, 2018
CONSENT #8
AGENDA ITEM: Snowmobile Ordinance
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
The Council discussed changes to the snowmobile ordinance at the April 10th and July 10th work sessions.
Numerous changes were discussed and staff has incorporated those into the draft amendment.
ISSUE BEFORE COUNCIL:
Should the City Council amend the snowmobile ordinance? If so, how?
PROPOSAL DETAILS/ANALYSIS:
Included in your packet is a redlined snowmobile ordinance to show the proposed changes. The language
provides clarification on where snowmobiles may be ridden and extends the time from 11pm to midnight
that they are allowed to be in use.
OPTIONS:
1) Approve Ordinance No 08-217 and Summary Publication Resolution 2018-088
2) Amend and then Approve Ordinance No 08-217 and Summary Publication Resolution 2018-088
3) Do not approve any changes to the Snowmobile ordinance
RECOMMENDATION:
If removed from the Consent Agenda:
Motion to Approve Ordinance No 08-217
AND
Motion to Approve Summary Publication Resolution 2018-088
ATTACHMENTS:
•Ordinance No 08-217
•Resolution 2018-088
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-217
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING REGULATIONS PERTAINING TO SNOWMOBILES
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 70: Snowmobiles and
All-Terrain Vehicle, by amending the following:
Lake Elmo, MN Code of Ordinances
CHAPTER 70: SNOWMOBILES AND ALL-TERRAIN
VEHICLES
Section
70.01 Incorporation by reference
70.02 Regulations
§ 70.01 INCORPORATION BY REFERENCE.
Provisions of M.S. Ch. 84, as amended from time to time, shall be applicable to the
City of Lake Elmo. In those cases where there is a conflict between the provisions of
M.S. Ch. 84 and this chapter, the more restrictive regulation shall apply.
(Ord. 97-164, passed 12-20-2006)
§ 70.02 REGULATIONS.
(A) No person shall operate a snowmobile or all-terrain vehicle on a public
sidewalk or within the unimproved portion of a city street. or upon any public park or
playground.
(B) No person shall operate a snowmobile on city streets except for when traveling
in the most right-hand lane available for automobile traffic or as close as practicable
to the right-hand curb or edge of the roadway and when traveling in the same
direction as automobile traffic in that lane.
(C) No person shall operate a snowmobile in the ditch except in the ditch bottom or
outside slope of any drainage ditch which lies within and runs parallel to any city-
controlled public road easement.
(D) No person shall ride a snowmobile in the right of way as a substitute for trail
riding. Travel in the right of way shall be used to reach a destination such a trail,
public body of water, public gathering place, residence, etc.
(E)No person shall operate a snowmobile or all-terrain vehicle on city-owned
property.
(C) No person shall operate a snowmobile or all-terrain vehicle between the hours
of 11:00 p.m.midnight and 7:00 a.m. provided that all-terrain vehicles may be used for
snow plowing purposes during prohibited hours.
(DF) No person shall operate a snowmobile or all-terrain vehicle within 50 10 feet
of a residential dwelling unless such operation occurs on property owned or occupied
by the operator of the snowmobile or all-terrain vehicle and such operation is for the
purpose of accessing a public right-of-way from private property.
(GE) No person shall operate a snowmobile or all-terrain vehicle within 100 feet of
any fisherman, pedestrian, skating rink, or sliding area.
(Ord. 97-164, passed 12-20-2006) Penalty, see § 10.99
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___
2018, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08-216 was published on the ____ day of ___________________, 2018.
1 of 2
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2018-088
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-217 BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-217,
an ordinance amending the City Code of Ordinances by amending the regulations relating to
snowmobiles and all-terrain vehicles; and
WHEREAS, the Ordinance is lengthy; and
WHEREAS, Minnesota Statutes Section 412.191, subdivision 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform the
public of the intent and effect of the Ordinance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08-217 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 08-217, which amends
certain provisions of Chapter 70 of the City Code. The Ordinance amends the regulations relating
to snowmobiles and all-terrain vehicles to clarify where they may be used and extend the time they
are allowed.
The full text of Ordinance No. 08-217 is available for inspection at Lake Elmo city hall during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the Ordinance at City Hall for public inspection and that a copy be
placed for public inspection at the Lake Elmo Public Library.
Dated: August 8, 2018.
___________________________________
Mike Pearson, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
2 of 2
(SEAL)
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________________ and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
STAFF REPORT
DATE: 8/8/2018
CONSENT
ITEM #: 9
MOTION
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Sunfish Lake Park Cross Country Trail Grooming Grant
REVIEWED BY: Kristina Handt, City Administrator
BACKGROUND:
For the past several years, the City has been a participant in the Cross Country Ski Trail Assistance
Program sponsored by the Minnesota DNR. This program allows for reimbursement of costs related to
maintaining the ski trails in the forms of fall trail maintenance and winter trail grooming. The proposed
application would cover the 2018/2019 ski season in Sunfish Lake Park.
ISSUE BEFORE COUNCIL:
Should the city pursue submission of a grant application for Cross Country Trail Grooming Reimbursement
at Sunfish Lake Park?
PROPOSAL DETAILS/ANALYSIS:
Each year the City of Lake Elmo has participated in the Cross Country Ski Trail Assistance Program for
the trail system in Sunfish Lake Park. The fund allocations are driven by the number of participants in the
program and the number of trail miles being maintained. The city has consistently received $4,000-$4,500
per year in grant funds to cover a portion of the costs related to the Cross Country Ski Trail maintenance in
Sunfish Lake Park. These funds are used to help offset the cost of fall trail preparations and the cost of
grooming throughout the winter months. A requirement of the application process is to attach a resolution
providing City Council approval to sponsor the participation in the program.
FISCAL IMPACT:
• If awarded, the city could receive approximately $4,000 to $4,500 to help offset the cost of trail
maintenance.
OPTIONS:
• Approve participation in Cross Country Trail Grooming Grant
• Deny participation in Cross Country Trail Grooming Grant
• Table for future discussion
RECOMMENDATION:
“Motion to approve Resolution # to approve grant submission to Minnesota Department of Natural
Resources for Cross Country Ski Trail Grant-In-Aid Program.”
ATTACHMENTS:
• Resolution
• Grant Application
STAFF REPORT
DATE: 8/8/2018
CONSENT
ITEM #: 10
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Purchase of Hockey/Pickle Ball Dasher Boards
REVIEWED BY: Kristina Handt, City Administrator
Ben Prchal, City Planner
BACKGROUND: As part of the 2018 Capital Improvement Plan the city intends to reconstruct
36th St N and Layton Ave N (Old Village Phase 4) on the northern border of Lions Park. As with
other Old Village Phases, improvements will be made to be made to the street and water system
in addition to the installation of sanitary and storm sewer to the area. Since the natural
geography of the area is relatively flat, there are very few options to incorporate adequate storm
water drainage. After review of numerous options the most cost effective and sensible option
would be to install a storm water pipe from the intersection of 36th St. N and Layton Ave. N
southward through the eastern edge of Lions Park. In doing so amenities in this area of the park
will need to be removed and replaced in kind, or relocated and updated to offer new amenities
that meet the need of today’s park users.
ISSUE BEFORE COUNCIL: Does the City Council support and approve the purchase of
permanent Dasher Boards to encompass the approved Pickle Ball and Hockey Rink to create a
new year round park amenity at Lions Park?
PROPOSAL DETAILS/ANALYSIS: As part of the June 6, 2018 City Council meeting Old
Village Phase 4 Street and Utility Improvements were approved for the 36th St N and Layton Ave.
N area of the city. A portion of that approval covered the re-paving and conversion of the existing
tennis court to a Pickle Ball court due to the routing of a new storm sewer pipe in this vicinity.
Since the Dasher Boards were not a part of the existing park they were not included in the scope
of Old Village Phase 4.
The addition of the Dasher Boards would provide venue in the park that can be utilized the entire
year by Pickle Ball players in the summer and Hockey players in the winter. The boards would be
a permanent feature and constructed in a way to offer natural/rustic appearance. By repurposing
this area, existing park space will become a multi-use area bringing a new amenity to Lake Elmo
Parks while utilizing and existing space with outdoor lighting.
As part of the March 19, 2018 Parks Commission Meeting this proposal was brought forward and
discussed with the recommendation of the Parks Commission to transform the existing tennis court
area into a multi-use Pickle Ball and Hockey Rink with Dasher Boards encompassing the area.
Page 2
FISCAL IMPACT: Cost of the Dasher Boards and supervised installation is anticipated to be
$29,083.25. This cost includes shipping and a company representative to assist Public Works Staff
with construction. Funding for the purchase will be through the Park Dedication Fund
OPTIONS:
• Recommend Purchase of Dasher Boards for Lions Park
• Deny Purchase of Dasher Boards Lions Park
• Table for further discussion
RECOMMENDATION:
“Motion to recommend purchase of BAP 4.0 Outdoor Hockey Dasher Board System from
Becker Arena Products for an amount not to exceed $35,000”
ATTACHEMNTS:
• Becker Arena Products Quote ( through National Joint Powers Purchasing Coop –
Sourcewell Program)
• Park area map
• Photo of proposed product
Confidential: This document contains proprietary and confidential information that is owned and is of significant value to B ecker Arena Products, Inc.
No unauthorized use, disclosure or reproduction of any of this information is permitted without the prior written consent of Becker Arena Products, Inc.
Becker Arena Products, Inc. | 720 Innovation Drive Shakopee, MN 55379 | Toll Free (800) 234-5522 | www.beckerarena.com
Customer #: 8731
Quotation #: 10003906
Revision #: 1
Date: July 30, 2018
Proposal Expiration Date: October 1, 2018
Your Sales Consultant: Brad Peterson
Prepared For: Project Location:
Mr. Rob Weldon City of Lake Elmo
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity…
Benefits of Choosing to Partner with Becker Arena Products
A stable and reliable company since 1988
A staff with in-depth knowledge of the industry and products
Quality products that last
Experienced and professional installers
Excellent customer service
Worry Free Projects - Guaranteed
This system is available through the Sourcewell Cooperative Purchasing Program at discounted
pricing. BECKER ARENA PRODUCTS, INC – VENDOR CONTRACT #030117 – BAP
Sourcewell is a municipal contracting government agency that serves education and government agencies
nationally through competitively bid and awarded contract purchasing solutions. Over 47,000 Member agencies
enjoy the value and commitment of the world-class Sourcewell awarded Vendors. Take advantage of the
cooperative purchasing discounts shown here in this quotation mentioning our contract #030117-BAP when
ordering. You must be a member and contracting authority. Ask your sales person for a copy of the Sourcewell
Contract Purchasing information booklet or go to www.sourcewell-mn.gov for more information.
2
Proposal/Contract
Per your inquiry, below please find the revised pricing for the following dasher board system.
BAP4.0 DASHER BOARD SYSTEM
Becker Arena Products, Inc. shall furnish one BAP4.0 Outdoor Hockey Dasherboard System with the
option for supervision of the installation. The pricing is based on the information furnished and will
include the following items and features.
BAP4.0 DASHER MATERIALS
368 lineal feet of BAP4.0 Signature Series wood framed dasher boards
Rink Size: 120’ x 80’ x 20’ radius corners
2” schedule 40 galvanized pipe dasher board supports 4’ high for the sides of rink with foot plate
to be mounted to existing [4’ overall length supports]
2” schedule 40 galvanized pipe dasher board supports 8’ for ends and radius of rink with foot
plate to be mounted to existing curb with 4’ length above the boards to support the fence [8’
overall length supports]
Two (2) frame only for a 12'-0" equipment gate (Not a hinged gate – 2 x 12 lumber stacks in a
frame to create a gate)
One (1) access gates – gate latches and hinges
All steel framing components hot dip galvanized after fabrication
2 x 12 x 10’ long treated lumber for the sides and straight ends
2 x 6 x 4’ long treated lumber for the radius corners (Positioned vertically)
Dasher panels are assembled on site
Includes all hardware required for installation
CHAIN LINK FENCE
208 lineal feet (104 lineal feet on each end and two adjacent radius corners) of 4’ high x 9
gauge galvanized chain link fabric with 2” sch 40 supports (Extended length of dasher frame
support post, two horizontal support rails and all hardware for a complete installation
Four (4) each shield termination pads
DELIVERY
Freight to Lake Elmo, Minnesota
Customer is responsible for unloading all materials.
SUPERVISION OF INSTALLATION
See option listed below
TOTAL PRICE DELIVERED ONLY $ 24,865.25
SOURCEWELL PROGRAM DISCOUNTS
BECKER ARENA PRODUCTS, INC. – VENDOR CONTRACT #030117-BAP
SOURCEWELL BASE PRICE DISCOUNT – 5% $ 1,243.26
BASE PRICE WITH 5% SOURCEWELL DISCOUNT $23,621.99 Accept ____
3
Proposal/Contract
OPTION - SUPERVISION OF INSTALLATION
Becker Arena Products, Inc. will furnish an installation supervisor for the dasher system
described above. The supervisor will be furnished for 40 hours (Non-union/at the prevailing
wage labor rate for Carpenter Classification Washington County, Minnesota) at 4 four
consecutive days at 10 hours per day. Customer will be required to provide a crew of three with
basic carpentry skills for the duration of the supervision, a fork lift and all tools for the installation
(Tool list to be provided). Customer to dispose of any packaging or scrap materials.
TOTAL PRICE SUPERVISION ONLY $ 4,218.00
SOURCEWELL PROGRAM DISCOUNTS
BECKER ARENA PRODUCTS, INC. – VENDOR CONTRACT #030117-BAP
SOURCEWELL BASE PRICE DISCOUNT – 5% ($ 210.90)
BASE PRICE WITH 5% SOURCEWELL DISCOUNT $ 4,007.10 Accept ____
OPTION - COMPLETE INSTALLATION
Becker Arena Products, Inc. will furnish an installation supervisor for the dasher system
described above along with a union installation crew. The supervisor will be furnished for the
installation (Non-union/at the prevailing wage labor rate for Carpenter Classification
Washington County, Minnesota), a union installation crew, fork lift and all tools for the
installation and a dumpster service for the disposal of any packaging or scrap materials.
TOTAL PRICE INSTALLATION ONLY $ 27,468.00
SOURCEWELL PROGRAM DISCOUNTS
BECKER ARENA PRODUCTS, INC. – VENDOR CONTRACT #030117-BAP
SOURCEWELL BASE PRICE DISCOUNT – 5% ($ 1,343.40)
BASE PRICE WITH 5% SOURCEWELL DISCOUNT $ 26,124.60 Accept ___
4
Proposal/Contract
Please Note: Taxes are the responsibility of the purchaser. Prices do not include special insurance
requirements, bonding, or applicable permits and/or license fees. Prices subject to site visit and/or
receipt of final construction drawings and specifications. If sales tax is applicable it will be added to
the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed
contract.
All payment terms are based on credit approval.
Our Standard Payment terms are:
45% due upon placement of order ($____________________)
45% due 10 days prior to delivery ($____________________)
10% due upon delivery and installation ($____________________)
The above payment amounts will be filled in based on total contract price and any applicable sales tax
and sent back on the Contract Summary Sheet with your executed contract.
We are looking forward to the opportunity of working with you on your project and if we can be of further
assistance please do not hesitate to call.
This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited
Warranty and may be withdrawn without penalty at any time before contract execution. If accepted,
please sign and return this copy to Becker Arena Products. When approved and signed by one of our
officers a fully executed copy will be forwarded for your records. This proposal is subject to change,
withdrawal or cancellation until accepted by you. If Becker Arena Products, Inc. have not received your
acceptance within 60 days from the date hereof, this proposal shall automatically expire. Becker Arena
Products, Inc. retains a security interest in all products covered in this agreement until all payment
terms have been met. In addition, the purchaser agrees to sign any additional documents for Becker
Arena Products, Inc. to perfect its security interest in the products.
Proposal/Contract #10003906 Rev1 is accepted with initialed options:
______________________________ _____________________________
Purchaser Signature Becker Arena Products, Inc.
_________________________________ ________________________________
Title Title
_________________________________ ________________________________
Print Name Print Name
_________________________________ ________________________________
Date Date
_________________________________ __030117-BAP____________________
Sourcewell Member Number Sourcewell Contract Number
Becker Arena Products, Inc. is an Equal Employment Opportunity Employer
5
Proposal/Contract
Becker Arena Products, Inc.
STANDARD TERMS AND CONDITIONS
1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State
of Minnesota, as applied to contracts executed in and performed wholly within the State of Minnesota.
2. Delays. Becker Arena Products, Inc. (Seller) will not be liable for any delay in the performance of orders or
contracts, or in the delivery or shipment of the goods, or for any damages suffered by the Purchaser by reason of
such delay, including liquidated or actual damages.
3. Arbitration. Any and all controversies or claims arising out of or relating to this contract or the performance or
breach thereof shall be settled by arbitration in Minneapolis, Minnesota in accordance with the then existing rules
and procedure of the American Arbitration Association.
4. Mechanic's Lien or Bond Rights. Nothing herein shall be deemed to waive or affect Seller's right to assert a
mechanic's lien against the property on which the goods are installed or to make a claim against any bond.
Purchaser agrees to provide any and all information requested by Seller, within three (3) calendar days, to allow
Seller to preserve or effectuate its mechanic's lien or bond rights.
5. Change Orders. A change order will be required for any additional work to be performed or materials to be
supplied by the Seller, which is not included in the contract or is a result of the Purchaser's failure to comply with
the terms and conditions as described herein. A change order must be filled out by the Seller and signed by the
Purchaser before any work commences or material is ordered and/or shipped.
6. Production Schedule, Installation Schedule, and Storage. When Seller has received and accepted the contract
along with signed approval drawings and credit approval, they will have up to 16 weeks to produce and deliver
the materials provided that there are no custom materials needed. Custom materials will include non-standard
colors and/or materials. The Purchaser will be contacted after the receipt of the required information to
coordinate a shipping date and an installation date(s). These dates will serve as the contract delivery date and
will be used to schedule production, delivery, and installation. The Owner/Purchaser will be contacted 21 days
prior to shipping to confirm that the site will be ready. If the Purchaser's site is not ready or will not be ready on
this date, the following may occur:
Dasher Board Systems
A. Seller may choose whether or not to produce the rink according to its production schedule. If they produce
the rink on schedule, it will be stored at Becker Arena Product’s location of business and storage fees will
be charged to the Purchaser at the rate of US $300 per week. All payments will be due according to the
terms from the original ship date. If the Seller chooses to delay production to coincide with the new ship
date, no storage fees will apply and payment will be due according to the terms from t he original ship
date. If contract terms are paid in full prior to shipping, the time will start from the original ship date and
not the adjusted ship date.
6
Proposal/Contract
B. A new shipping installation date will be coordinated with Seller's installation department and confirmed
with the Purchaser. The Seller will reschedule the installation for the next available date according to the
Seller’s installation schedule. In some cases, the site delay may cause additional charges. This includes,
but is not limited to, wages, remobilization, and equipment rental, to be paid by the Purchaser.
C. If the Purchaser's site is not ready when the Seller's installation crew arrives, additional costs will be
charged to the Purchaser. This includes, but is not limited to wages, travel, lodging, meals, equipment
rental and changes in Becker Arena Product’s installation schedule.
7. General Site Requirements. The following criteria must be met or extra charges may apply, and delays will be
incurred, if the site is not in compliance when Seller is ready to deliver and install the goods:
A. Concrete and Floor Work: All concrete work is to be completed and allowed to cure, according to job
specifications and/or refrigeration contractors requirements, before the date installation is scheduled to
begin.
B. The levelness of the perimeter concrete, where the rink is to be installed, must be within 1/8" of levelness
for every 10' in length and no more than 1/4” difference in height over the length and width of the
perimeter surface.
C. For sand floors, the first 6" from the front of the curb, where the rink is to be installed, must be within
1/16" of flatness from the inside edge outward and meet the levelness and flatness conditions specified
above, Sand floors are not to be final graded prior to dasher board installation.
D. Expansion joints, which are to be covered completely by the rink, are to be within 1/2” of straightness
from end to end and side to side. The distance from side to side and end to end of the outside edge of the
expansion joint is to be within 1/2” of the required dimension for the frame to cover it.
E. If, upon arrival, the perimeter concrete is inspected and does not meet the specifications for levelness,
flatness, straightness and size, the following will occur:
1. Seller's Representative will determine if rink can be shimmed or adjusted/cut to achieve desired
levelness, fit and/or expansion joint coverage while maintaining the structural integrity of the
rink. If so, the additional time and materials to do this will be paid by the Purchaser. A change
order must be filled out by the Seller's Representative and signed by the Purchaser before any
work commences.
2. If the rink cannot be shimmed or adjusted to the desired levelness and/or coverage while
maintaining the structural integrity of the rink, the Purchaser will be responsible for fixing the
surface to meet specifications. All associated costs for this are the sole responsibility of the
Purchaser.
3. The Seller will accept contracts that are retrofit projects with the understanding that the condition
of the underlying perimeter concrete work meets the specifications stated above. If, after removal
of the existing rink, the concrete does not meet these conditions, points “1” and “2” from above
will apply.
7
Proposal/Contract
8. Requirements for Rink Installations:
(Refer to the enclosed Site Requirements)
9. Walk Through Inspection. When Seller's work is complete or near complete, Purchaser or the Purchaser's
Representative (including general contractors and architects) must be available for a final walk through inspection
with the Seller's Representative. Any parties who do not attend the walk through will forfeit their right to submit
punch list items. A final punch list of items to be completed or repaired will be prepared as a result of this walk
through. Any item not included on the final “punch list” will not be the responsibility of the Seller unless it is
covered by the Seller's Warranty.
10. Shop Drawings and Non-standard Shielding. Preparation of shop drawings will not commence until after the
signed contract has been delivered to Seller. Production will not commence until Seller receives approved shop
drawings. Field measured, tempered glass (non-standard sizes) may require an additional 3-4 weeks for delivery
after completion of installation. Any field measured tempered glass to be installed by purchaser.
11. Polyethylene. All polyethylene used to manufacture the rink shall be virgin material. All colors shall match
within manufacturer's tolerance. Seller will not be responsible for replacing polyethylene that conforms to
manufacturers color tolerance. During manufacturing, all panels shall have the polyethylene overhang past the
frame a minimum of 1/16” on each end to allow for contraction of the material due to temperature change in the
field. Seller shall not be responsible for material contraction gaps between panels due to temperature change if it
adheres to these manufacturing requirements.
12. Material Check-in. (Installation supervision and supply only contracts) The Purchaser shall be responsible to
verify the shipment for quantities and any damage caused from shipping for jobs that include installation
supervision or are supply only. Any quantity variances and/or damage must be noted and reported to the Project
Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items
must be reported within 24 hours of receipt to receive credit. All boxes will be clearly marked by the Seller. The
Ship list will clearly identify the contents and quantities of the shipment. It is the responsibility of the Purchaser
to verify that all box numbers in the hardware crate are accounted for, not to open and count each individual item
in a box. The Purchaser must count anything that is not boxed.
8
Proposal/Contract
3 YEAR LIMITED WARRANTY
1. What Is Covered By This Limited Warranty - Becker Arena Products, Inc. (“BAP”) warrants to the
original purchaser (“Purchaser”) that the BAP system (the “System”) that is subject of this sale (a)
conforms to BAP’s published specifications and (b) is free from defects in material or workmanship. This
warranty is not transferable by Purchaser, including any transfer by operation by law. The duration of this
warranty is one year from the date of delivery to the original Purchaser. In the event of any claim of
defect during the warranty period, Purchaser shall promptly notify Seller in writing of the claimed defect.
Within a reasonable time after such notification Purchaser shall provide Seller full access to the products
to inspect, repair, and/or replace the products in question. Seller’s sole obligation shall be to co rrect any
actual defect by repair, replacement, or adjustment as determined in Seller’s sole discretion. In no event
shall notification be effective if received by BAP later than 37 months from date of delivery of the System.
These remedies are Purchaser’s exclusive remedies for breach of warranty. BAP is under no obligation
to honor this limited warranty during any time in which Purchaser is in default in its obligations to BAP.
2. What Is Not Covered By This Warranty – BAP does not warrant (a) any product, component or parts
not manufactured by BAP, (b) defects caused by failure to provide a suitable installation environment for
the System, (c) defects caused by failure to follow BAP’s System maintenance schedule, (d) damage
caused by use of the System for purposes other than those for which it was designed, (e) damage
caused by a disaster such as fire, flood, wind or lightening, (f) damaged caused by unauthorized
attachments or modifications to the System, (g) damage during shipment, or (h) any other abuse or
misuse by Purchaser or the System.
3. Disclaimer Of Warranty – THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES
FOUND UNDER ARTICLE 35(2)(a) AND (b) OF THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS 1980.
4. Limitations Of Remedies – In no case shall BAP be liable for any special, incidental or consequential
damages based upon breach of warranty, breach of contract, negligence, strict tort or any other legal
theory. Such damages include, but are not limited to, loss of profits, loss of savings revenue, loss of use
of System or any associated equipment, cost of capital, c ost of any substitute equipment, facilities or
service, downtime, the claims of third parties (including customers) and injury to property. This limitation
does not apply to claims for personal injury. Some states do not allow limits on warranties or on remedies
for breach in certain transactions. In such states, the limits in this Section 4 and in Section 3 above my
not apply.
5. Time Limit For Bringing Suit – Any action for a breach of warranty must be commenced within 37
months following delivery of the System.
6. No Other Warranties – Unless modified in a writing signed by both parties, this agreement is understood
to be the complete and exclusive agreement between the parties, superseding all prior agreements, oral
or written, and all other communications between the parties relatin g to the subject matter of this
agreement. No employee of BAP or any other party is authorized to make any warranty in addition to
those made in this agreement.
7. Allocation Of Risk – This warranty allocates the risk of product failure between BAP and Purchaser.
This allocation is recognized by both parties and is reflected in the price of the System. Purchaser
acknowledges it has read this warranty, understands it and is bound by its terms.
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STAFF REPORT
DATE: 8/8/2018
CONSENT
ITEM #: 11
MOTION
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Boulder Ponds 3rd Addition Developer Agreement
REVIEWED BY: Jack Griffin, City Engineer
Sarah Sonsalla, City Attorney
Kristina Handt, City Administrator
BACKGROUND:
The City Council approved the Boulder Ponds 3rd Addition Final Plat and PUD Plans at its June
19, 2018 meeting. It was a condition of approval that the developer enter in to a Development
Agreement with the City.
ISSUE BEFORE COUNCIL:
To approve Resolution 2018-__ approving the Developer’s Agreement for Boulder Ponds 3rd
Addition.
PROPOSAL DETAILS/ANALYSIS:
One of the conditions of approval for the Boulder Ponds 3rd Addition Final Plat specifies that the
developer enter into a Developer’s Agreement prior to the execution of the plat by City officials.
The attached draft agreement is consistent with the City’s developer agreement template. The key
aspects of the agreement include the following components:
• That all improvements to be completed by October 31, 2019.
• That the developer provide a letter of credit in the amount of 125% of the total cost of the
proposed improvements. The construction estimates provided have been reviewed by the
City Engineer and found to be accurate. The necessary letter of credit to secure the
construction activity and expenses will be $1,178,981 for the 3rd phase of the Boulder Ponds
development.
• That the developer provide a cash deposit of $249,341 for SAC and WAC charges,
engineering administration, one year of street light operating costs, and other City fees.
City Council Meeting August 8, 2018 Consent Agenda Item #__
2
• A payment to the developer of $19,042 for oversizing costs associated with the installation
of a 12-inch water main as identified in the plans shall be made within thirty days of
acceptance of the improvements.
FISCAL IMPACT:
Future financial impacts of the development include maintenance of streets, trails, sanitary sewer
mains, watermains and other public infrastructure, maintenance of storm water ponding areas
(after two years), maintenance of the landscaping in public areas, monthly lease payments for four
street lights, and other public financial responsibilities typically associated with a new
development.
RECOMMENDATION:
Based on the above Staff Report, Staff is recommending that the City Council approve the
Developer’s Agreement for Boulder Ponds 3rd Addition and that the Council direct the Mayor and
Staff to execute this document once the financial security and cash requirements have been
received. The suggested motion to adopt the Staff recommendation is as follows:
“Move to adopt Resolution 2018-093, approving the developer’s agreement for the Boulder
Ponds 3rd Addition planned residential development.”
ATTACHMENTS:
1. Resolution 2018-093
2. Boulder Ponds 3rd Addition Development Agreement
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(reserved for recording information)
DEVELOPMENT AGREEMENT
(Public sewer and water)
Boulder Ponds 3rd Addition
THIS DEVELOPMENT AGREEMENT is dated ______________, 2018, by and between the
CITY OF LAKE ELMO, a Minnesota municipal corporation (the “City”) and OP4 Boulder Ponds,
LLC, a Minnesota limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Boulder Ponds 3rd Addition (referred to in this Agreement as the “Subdivision”). The
property being platted is situated in the County of Washington, State of Minnesota, and is legally
described on Exhibit A.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the Subdivision on
condition that the Developer enter into this Agreement, furnish the security required by it, and
record the plat with the County Recorder or Registrar of Titles within 120 days after the City
Council approves the final plat.
3. RIGHT TO PROCEED. This Agreement is intended to regulate the development of the
Property and the construction therein of certain public and private improvements. The Developer
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may not grade or otherwise disturb the earth, remove trees or construct public or private
improvements or any buildings within the Subdivision until all the following conditions precedent
have been satisfied:
A. the Developer has prepared deeds conveying fee title of Outlot A to the City and provided
copies of the executed deed to the City for recording with Washington County;
B. the Developer has executed and recorded with Washington County all drainage and
utility easements required for the Subdivision by the City Engineer and Public Works
Director in the City’s standard form;
C. the Developer has executed and recorded with Washington County the storm water
maintenance and easement agreement in the City’s standard form;
D. this Agreement has been executed by the Developer and the City;
E. the required Security (as hereinafter defined) have been received by the City from or on
behalf of the Developer;
F. final construction plans and specifications have been submitted by the Developer and
approved by the City Engineer;
G. the Developer has paid the City for all legal, engineering and administrative expenses
incurred by the City regarding the City approvals and has given the City the additional
City Engineering Administration Escrow required by this Agreement;
H. the Developer has paid any outstanding assessments and taxes for the property or
property being deeded to the City;
I. The Developer has escrowed money with the City in an amount sufficient to pay the
estimated property taxes attributable to Outlot A for 2019;
J. the Developer has fulfilled any park dedication requirements as specified under this
Agreement;
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K. the Developer has received all necessary permits from the MPCA, MDH, DNR, applicable
watershed, Washington County, and any other agency having jurisdiction over the
Subdivision;
L. the Developer has provided the City with a certificate of insurance required by this
Agreement;
M. the Developer or the Developer’s engineer and the Developer’s contractor(s) have
initiated and attended a preconstruction meeting with the City Engineer, and City staff;
N. the final plat has been recorded with Washington County;
O. all homeowners’ association declarations, covenants, and restrictions have been
submitted, reviewed, and approved by the City Attorney;
P. a title insurance policy has been issued in the amount of $100,000 in favor of the City,
insuring Outlot A and the City’s interests as they appear on the plat; and
Q. the City has issued a written notice that all above conditions have been satisfied and
that the Developer may proceed.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat,
the City may refuse to approve final plats of subsequent phases of the development if the
Developer is not in compliance with any term of this Agreement and the non-compliance has not
been remedied. Development of subsequent phases of the development may not proceed until
development agreements for such phases are approved by the City. Park dedication charges
and availability charges for sewer and water referred to in this Agreement are not being imposed
on outlots that are designated in the plat for future subdivision into lots and blocks, if any, in the
plat. Such charges will be calculated and imposed when these outlots, if any, are platted into lots
and blocks.
5. PRELIMINARY PLAT STATUS. If the Subdivision is a phase of a multi-phased
preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be
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void unless final platted into lots and blocks, not outlots, within five years after preliminary plat
approval.
6. CHANGES IN OFFICIAL CONTROLS. For five years from the date of this Agreement,
no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the
use, development density, lot size, lot layout or dedications of the approved final plat unless
required by state or federal law or agreed to in writing by the City and the Developer. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state
law, the City may require compliance with any changes to the City's Comprehensive Plan, official
controls, platting or dedication requirements enacted after the date of this Agreement.
7. DEVELOPMENT PLANS. The Developer agrees to develop the Property in
accordance with the City approvals, including the terms and conditions of approval of the final plat
as detailed in City Council Resolution No. 2018-065, and to construct all improvements in
accordance with the approved construction plans and specifications (collectively, the “Plans”)
prepared by a professional engineer registered in the State of Minnesota at its sole expense. All
terms and conditions of the City approvals are hereby incorporated by reference into this
Agreement. The documents which constitute the Plans are those on file with and approved by
the City and are listed on Exhibit B attached hereto. The Plans may not be modified by the
Developer without the prior written approval of the City.
8. IMPROVEMENTS. In developing the Subdivision in accordance with the Plans, the
Developer shall make or install at its sole expense the following public and private improvements
(collectively, the “Subdivision Improvements”):
A. Grading and erosion control;
B. Sanitary sewer;
C. Water system improvements;
D. Stormwater improvements (storm sewer pipe, control structures, ponds, BMPs,
etc.);
E. Streets and sidewalks;
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F. Trails;
G. Underground private utilities;
H. Landscaping;
I. Street lighting and signage;
J. Intersection improvements (turn lanes, by-pass lanes, traffic control, etc.);
K. Tree preservation and reforestation;
L. Wetland mitigation and buffers; and
M. Monuments required by Minnesota Statutes.
All improvements shall be installed in accordance with the approved Plans, the City
approvals, the City Code, the City’s Engineering Design and Construction Standards Manual, and
the City’s Landscape and Irrigation Standards. The Developer shall instruct its engineer to
provide adequate field inspection personnel to assure an acceptable level of quality control to the
extent that the Developer's engineer will be able to certify that the construction work meets the
approved Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards as a condition
of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors or a soil engineer inspect the Developer’s work on a
full or part-time basis. The Developer's engineer shall provide for on-site project management.
The Developer's engineer is responsible for design changes and contract administration between
the Developer and the Developer's contractor.
9. CITY ADMINISTRATION AND CONSTRUCTION OBSERVATION. At the time of the
City’s approval of the final plat for the Subdivision, the Developer shall submit to the City an
amount to be escrowed by the City for City administration and construction observation costs in
an amount provided under paragraph 35 of this Agreement - Summary of Cash Requirements.
Thereafter, the Developer shall reimburse the City each month, within 30 days of receiving an
invoice, for all administration and construction observation costs incurred by the City during the
construction of the Subdivision Improvements by the City’s engineering, public works, planning,
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and landscape architecture staff and consultants. After 30 days of the invoice, the City may draw
upon the escrow and stop the work on site until the escrow has been replenished in its full amount.
City administration and oversight will include monitoring of construction progress and construction
observation, consultation with the Developer and the Developer’s professionals on status or
problems regarding the project, coordination for testing, final inspection and acceptance, project
monitoring during the warranty period, and processing of requests for reduction in the Security.
Construction observation shall include, at the discretion of the City, part or full time inspection of
proposed public utilities and street construction. Services will be billed by the City on an hourly
basis.
The direction and review provided by the City through the inspection of the Subdivision
Improvements should not be considered a substitute for the Developer-required management of
the construction of the Subdivision Improvements. The Developer must require the Developer’s
contractor(s) to furnish the City with a schedule of proposed operations at least five days prior to
the commencement of construction of each type of Subdivision Improvement. The City shall
inspect all Developer-installed Subdivision Improvements during and after construction for
compliance with the Plans, the City approvals, the City Code, the City’s Engineering Design and
Construction Standards Manual, and the City’s Landscape and Irrigation Standards. The
Developer will notify the City at such times during construction as the City requires for inspection
purposes. Such inspection is pursuant to the City’s governmental authority, and no agency or
joint venture relationship between the City and the Developer is thereby created.
10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees,
and City Planning Commission members, and corporations, partnerships, and other entities in
which such individuals have greater than a 25 percent ownership interest or in which they are an
officer or director may not act as contractors or subcontractors for the Subdivision Improvements
identified in Paragraph 8 above.
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11. TIME OF PERFORMANCE. The Developer shall install all required Subdivision
Improvements by October 31, 2018, with the exception of the final wear course of asphalt on
streets. The Developer shall install the bituminous wearing course of streets after the first course
has weathered a winter season, consistent with warranty requirements, however, final acceptance
of the Subdivision Improvements by the City will not be granted until all work is completed,
including the final wear course. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the Security posted by
the Developer to reflect cost increases and amending this Agreement to reflect the extended
completion date. Final wear course placement outside of this time frame must have the written
approval of the City Engineer.
12. MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for
all maintenance of the Subdivision Improvements including the snow plowing of the streets, roads
and alleys until the Subdivision Improvements are accepted by the City in writing. The developer
is also responsible to locate all underground utilities until the Subdivision is accepted in writing by
the City. Warning signs shall be placed by the Developer when hazards develop in streets to
prevent the public from traveling on same and to direct attention to detours. If and when streets
become impassable, such streets shall be barricaded and closed by the Developer. In the event
residences are occupied prior to completing streets, the Developer shall maintain a smooth
surface and provide proper surface drainage to ensure that the streets are passable for traffic and
emergency vehicles. The Developer shall be responsible for keeping streets within and without
the Subdivision clean and clear of dirt and debris that may spill, track, or wash onto the street
from the Developer’s operations. The Developer shall contract for street cleaning for streets within
and immediately adjacent to the Subdivision. At a minimum, scraping and sweeping shall take
place on a weekly basis.
Prior to the City’s acceptance of the streets the City may agree, at the City’s sole
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discretion, to keep the streets open during winter months by plowing snow. The City will consider
snow plowing streets on a case-by-case basis and under the following conditions. 1) the
Developer must request in writing the streets it is requesting to be plowed by the City, with such
request received prior to October 1st of each winter season that plowing is requested; 2) there
must be residences along the street; 3) for streets that do not have the bituminous wear course
placed, the Developer must install paved wedges along all curb lines and catch basins of the
street; 4) gate valves and manholes must be level with the pavement surface; 5) street curves,
center medians, and other protrusions in the right-of-ways must be delineated with “HI-VIS”
fiberglass stakes; 6) a site review must be scheduled by the Developer and conducted with the
City’s Public Works Department with the Developer in attendance to review the that are being
requested to be plowed prior to the commitment of plowing by the City; 7) the Developer must
agree not to hold the City responsible for any damage caused by snow plowing operations to the
streets, curb and gutter, manholes, catch basins or other infrastructure; and 8) the Developer shall
enter into an agreement with the City for plowing of the streets.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property and this Agreement.
14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access the Subdivision via 5th Street
North. No construction traffic is permitted on other adjacent local streets.
15. CONSTRUCTION SEQUENCE AND COMPLIANCE. The City will require the
Developer to construct the Subdivision Improvements in a sequence which will allow progress
and compliance points to be measured and evaluated. The Developer and the Developer’s
representatives are required to supervise and coordinate all construction activities for all
Subdivision Improvements and must notify the City in writing stating when the work is ready for
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the inspection at each of the measurable points defined in the following paragraphs.
16. EROSION CONTROL. All construction regarding the Subdivision Improvements shall
be completed in a manner designed to control erosion and in compliance with the City Code, the
City’s Engineering Design and Construction Standards Manual, all watershed district permits, the
Minnesota Pollution Control Agency’s best management practices, and other requirements
including the City’s permit with the Minnesota Pollution Control Agency for the municipal separate
storm sewer system program. Prior to initiating any work on the site, an erosion control plan must
be implemented by the Developer and inspected and approved by the City. Erosion and sediment
control measures shall be coordinated with the various stages of development. The City may
impose additional erosion control requirements at any stage in development as deemed
necessary to maintain a compliant site. All areas disturbed for site improvements must be
reseeded by the Developer promptly after the work in the area is complete unless construction of
the next stage of the improvements will begin in that area within seven days. The parties
recognize that time is of the essence in controlling erosion.
If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred
for such work within 10 days, the City may draw down the Security to pay any costs. No
development, utility or street construction will be allowed and no building permits will be issued
by the City unless the Subdivision is in full compliance with the approved erosion control plan.
If building permits are issued prior to the acceptance of public Subdivision Improvements,
the Developer assumes all responsibility for erosion control compliance throughout the
Subdivision and the City may take such action as allowed by this Agreement against the
Developer for any noncompliant issue as stated above. Erosion control plans for individual lots
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will be required in accordance with the City’s building permit requirements, or as required by the
City or City Engineer.
17. SITE GRADING. In order to construct the Subdivision Improvements and otherwise
prepare the Property for development, it will be necessary for the Developer to grade the
Subdivision. All grading must be done in compliance with this Agreement and the approved
grading plans. Within 30 days after completion of the grading, the Developer shall provide the
City with an “as built” grading plan and a certification by a registered land surveyor or engineer
as required in the City’s Engineering Design and Construction Standards Manual.
18. STREET AND UTILITY IMPROVEMENTS. All storm sewers, sanitary sewers,
watermain, and streets, including turn lane and intersection improvements, shall be installed in
accordance with the approved Plans, the City approvals, the City Code, and the City’s
Engineering Design and Construction Standards Manual. Curb and gutter, the first lift of the
bituminous streets, sidewalks, boulevards graded, street signs installed, and all restoration work
on the site shall be completed in accordance with the approved Plans. Once the work is
completed, the Developer or the Developer’s representative shall submit a written request to the
City asking for an inspection of the initial improvements. The City will then schedule a walk-
through to create a punch list of outstanding items to be completed. Upon receipt of the written
punch list provided by the City, the punch list items must be completed by the Developer and the
City notified to re- inspect the improvements. The final bituminous wear course shall be installed
by the Developer after the first bituminous course has weathered a winter season. Prior to
placement of the final bituminous wear course, the Developer shall repair or replace all broken or
failing curbs, sidewalks and damaged or settled streets as determined by the City from a pre-wear
course walk through inspection.
19. LANDSCAPING AND TREE REPLACEMENT IMPROVEMENTS.
A. The Developer agrees to install landscaping in accordance with the approved Plans,
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the City approvals, the City Code, the City’s Engineering Design and Construction
Standards Manual, and the City’s Landscape and Irrigation Standards. All
landscaping materials such as trees, shrubs, grasses, or other vegetation installed
by the Developer must be warrantied and maintained for a period of two years. The
two year warranty period shall be deemed to start once all required landscaping
identified as responsibility of Developer in the approved Plans has received
acceptance by the City. The Developer agrees to have the installer of the
landscaping complete an inspection 30 days prior to the end of the two year warranty
period and provide the City with a written report identifying the condition of all
landscaping. In the event any landscaping installed by the Developer is deemed to
be in poor condition or dead, the Developer is to replace the landscaping with like
kind materials or as otherwise approved by the City.
B. The Developer shall be responsible for maintaining regular watering, fertilizing, and
over-seeding necessary to establish final lawns and yards as identified in the
approved Plans for outlots, public rights-of-way, and any disturbed areas outside the
Subdivision boundaries according to a landscape maintenance plan approved by the
City. The Developer agrees to achieve “substantial performance” on all seeded or
sodded lawns and yards disturbed during the construction of Subdivision
Improvements. For the purpose of this Agreement “substantial performance” shall
be defined for areas seeded or sodded with a turf or lawn mix as “square foot turf
areas with an average blade height of three inches free of eroded, bare, or dead
spots and free from perennial weeds or unwanted grasses with no visible surface
soil.” For areas seeded with a native grass or flower mix “substantial performance”
shall be defined as “square foot native grass or flower areas with an average height
of eight inches free of eroded, bare, or dead spots and no visible surface soil.”
20. SIGNAGE, STREET LIGHTING AND OTHER UTILITIES. The Developer agrees to
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install street signs, traffic and parking signs, and pavement markings within the Subdivision all in
accordance with the approved Plans and the City Engineering Design Standards Manual. Street
and traffic sign details shall be submitted by the Developer to the City for approval prior to
installation. In addition, the Developer shall be responsible for the cost and all coordination work
to extend private utilities along with street lighting within the Subdivision all in accordance with
the approved plans and right-of-way permits.
21. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Agreement, the Subdivision Improvements lying within public easements shall
become City property. Prior to acceptance of the public Subdivision Improvements by the City,
the Developer must furnish the City with a complete set of reproducible "record" plans and an
electronic file of the "record" plans in accordance with the City’s Engineering Design and
Construction Standards Manual together with the following affidavits:
- Developer/Developer Engineer’s Certificate
- Land Surveyor’s Certificate
certifying that all construction has been completed in accordance with the terms of this
Agreement. All necessary forms will be furnished by the City. Upon receipt of “record plans” and
affidavits, and upon review and verification by the City Engineer that the public Subdivision
Improvements have been completed in accordance with the terms of this Agreement, the City
Engineer will accept the completed public Subdivision Improvements.
22. PARK DEDICATION. The Developer shall deed Outlot A to the City. Outlot A consists
of 1.77 acres of park land that contains that portion of the northern greenbelt park that is not within
the Xcel Energy easement. The conveyance of Outlot A to the City by the Developer satisfies the
City’s park dedication requirements for all phases of the Boulder Ponds development.
23. SANITARY SEWER AND WATER UTILITY AVAILABILITY CHARGES (SAC AND
WAC). The Developer shall be responsible for the payment of all sewer availability charges
(SAC) and all water availability charges (WAC) with respect to the Subdivision Improvements
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required by the City and any state or metropolitan government agency.
The sewer availability charge (SAC) in the amount of $3,000.00 per REC shall be paid by
the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $99,000.00.
The water availability charge (WAC) in the amount of $3,000.00 per REC shall be paid by
the Developer to the City prior to recording the final plat. The total amount to be paid by the
Developer is $99,000.00.
In addition, a sewer connection charge in the amount of $1,000.00 per REC, a
Metropolitan Council sewer availability charge in the amount of $2,485.00 per REC, and a water
connection charge in the amount of $1,000.00 per REC will be payable by the Developer and
collected by the City at the time the building permit is issued for each lot.
24. STREET LIGHTS. The Developer is responsible for the cost of street light installation
consistent with a street lighting plan approved by the City. Before the City signs the final plat, the
Developer shall post a Security for street light installation consistent with the approved plan. The
required Security is $24,000 and consists of four decorative lights at $6,000 each. The Developer
shall also pay the City $129/light ($387.00) to reimburse the City for the first year operating costs
for the street lights.
25. WETLAND MITIGATION. The Developer shall complete wetland mitigation/restoration
in accordance with the approved Plans and in accordance with any applicable Watershed or
agency permits. If the mitigation work is found to be incomplete or restoration is unsuccessful,
the City may draw down the Security at any time during the warranty period to perform the work
if the Developer fails to take corrective measures after being provided reasonable notice by the
City.
26. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permit shall be issued for any lot within the Subdivision, or within a
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completed phase of the Subdivision in a City preapproved phasing plan, until such
time that sanitary sewer, water, storm sewer, curbing and one lift of asphalt has been
installed and tested for all public streets; boulevard grading has been completed
within the entire right-of-way (without hold down grading for the future sidewalk or
any other improvements),; street and traffic control signs are installed; property
monuments have been installed and grading as-built plans have been submitted and
approved by the City. A “preapproved phasing plan” is defined as a phased
construction plan that has been submitted by the Developer and approved by the
City in advance of the preconstruction meeting for the Subdivision. Once the
construction has started, the City will not consider revisions to the phasing plan for
the purpose of issuing building permits.
B. Issuance of a single building permit for a “model home” may be authorized by the
City Planning Director prior to the completion of the Subdivision Improvements
described in paragraph 26 (A) above, if there is safe public access to the lot that is
sufficient to allow construction to proceed and there is a grading as-built plan
approved by the City for the lot and all downstream storm water drainage facilities.
However, the City will not issue a certificate of occupancy for any “model home” until
all conditions identified in paragraph 26 (A) above have been completed. The
Developer shall use the model home only for real estate sales purposes and no other
purposes.
C. Prior to issuance of building permits, wetland buffer monuments shall be placed in
accordance with the City’s zoning ordinance. The monument design shall be
approved by the Planning Department.
D. Breach of the terms of this Agreement by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, certificates of
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527289v2 SJS LA515-45
occupancy, and withholding of other permits, inspection or actions and the halting of
all work in the Subdivision.
E. If building permits are issued prior to the acceptance of the public Subdivision
Improvements by the City, the Developer assumes all liability and costs resulting in
delays in completion of public Subdivision Improvements and damage to public
Subdivision Improvements caused by the City, the Developer, the Developer’s
contractors, subcontractors, materialmen, employees, agents, or any third parties.
F. If building permits are issued prior to the construction of front yard sidewalks or trails,
the Developer assumes all responsibility for the coordination, liability and costs to:
1) ensure that the sidewalks and trails are constructed prior to any driveways for any
lots with sidewalks or trails; 2) that the sidewalks and trails are constructed
continuously from end of street to end of street without exceptions or gaps in the
sidewalk or trail; 3) that there is a stop work order on all building construction for
impacted lots during the sidewalk and trail construction and curing periods to prohibit
traffic prior to City approval; and, 4) that all boulevard grading and restoration re-
work is completed immediately following the sidewalk or trail construction.
G. No sewer and water connection permits may be issued until the streets needed for
access have been paved with a bituminous surface and the utilities are tested and
approved by the City Engineer.
27. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that work
required by this Agreement has been performed and the amounts due to them have
not been paid, and the laborers, materialmen, or others are seeking payment from
the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District
16
527289v2 SJS LA515-45
Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and
deposit the funds in compliance with the Rule, and upon such deposit, the Developer
shall release, discharge, and dismiss the City from any further proceedings as it
pertains to the funds deposited with the District Court, except that the Court shall
retain jurisdiction to determine attorneys' fees pursuant to this Agreement.
B. Except as otherwise specified herein, the Developer shall pay all costs incurred by
it or the City in conjunction with the development of the Subdivision, including but
not limited to legal, planning, engineering, and inspection expenses incurred in
connection with the City’s approval and acceptance of the plat and the Subdivision,
the preparation of this Agreement, the City’s review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Subdivision. All amounts incurred and due to the City
at the time of the recording of the final plat must be fully paid by the Developer prior
to the City executing and releasing the final plat for recording.
C. The Developer shall hold the City and its officials, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred
resulting from the City’s approval of the plat and the development of the Subdivision.
The Developer shall indemnify the City and its officials, employees, and agents for
all costs, damages, or expenses which the City may pay or incur in consequence of
such claims, including attorneys' fees.
D. The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including reasonable engineering and attorneys' fees.
E. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Agreement. This is a
personal obligation of the Developer and shall continue in full force and effect even
if the Developer sells one or more lots, the entire Property, or any portion of it.
17
527289v2 SJS LA515-45
F. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within 30 days after receipt. Bills not paid within 30
days shall be assessed a late fee per the City adopted fee schedule. Upon request,
the City will provide copies of detailed invoices of the work performed by the City
and its consultants.
28. CITY PAYMENTS. The City shall reimburse the Developer in the amount of
$19,042 for oversizing costs associated with the installation of 12 inch water main as
identified on the Plans. City payments shall be made within thirty days of the City’s final
acceptance of the Improvements, but only if the Developer is not in default to this
Contract. This payment by the City shall be the City’s only responsibility with regard to
construction of the Improvements and in no case shall act as a waiver of any other right
of the City under this Contract or under applicable laws, ordinances or rules.
29. SPECIAL PROVISIONS. The following special provisions shall apply to the
Subdivision:
A. Implementation of the recommendations listed in the May 25, 2018, Engineering
memorandum.
B. Upon the recording of the final plat, the Developer shall convey Outlot A to the City
by warranty deed, free and clear of any and all encumbrances, unless otherwise
agreed to by the City.
C. The Developer must obtain a sign permit from the City Building Official prior to
installation of any subdivision identification signs.
D. All public trails shall be located within outlots, at least 30 feet in width, and either be
dedicated to the City in the plat or an easement in a form acceptable to the City be
provided. The title policy to be provided to the City shall insure the City’s interests
in this property.
18
527289v2 SJS LA515-45
E. The Developer shall enter into a Landscape License Agreement with the City that
clarifies the individuals or entities responsible for maintenance of any landscaping
installed in areas outside of land dedicated as public park and open space on the
final plat.
30. MISCELLANEOUS.
A. The Developer may not assign this Agreement without the written permission of the
City Council. The Developer's obligations hereunder shall continue in full force and
effect even if the Developer sells one or more lots, the entire Property, or any portion
of it.
B. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a professional engineer licensed by the State
of Minnesota. Following construction, a certification signed by the design engineer
shall be filed with the City Engineer evidencing that the retaining wall was
constructed in accordance with the approved Plans. All retaining walls identified on
the Plans or by special conditions referred to in this Agreement shall be constructed
before any other building permit is issued for a lot on which a retaining wall is
required to be built.
C. Legal documents regarding homeowner association documents, covenants, and
restrictions shall be submitted to the City prior to recording of the final plat for review
and approval by the City Attorney.
D. The Developer shall take out and maintain or cause to be taken out and maintained
until six months after the City has accepted the public Subdivision Improvements,
public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of Developer's work or
the work of its subcontractors or by one directly or indirectly employed by any of
19
527289v2 SJS LA515-45
them.
Limits for bodily injury and death shall be not less than $500,000 for one person
and $1,500,000 for each occurrence; limits for property damage shall be not less
than $200,000 for each occurrence; or a combination single limit policy of $1,500,000
or more. The City shall be named as an additional insured on the policy, and the
Developer shall file with the City a certificate of insurance evidencing coverage prior
to the City signing the plat. The certificate shall provide that the City must be given
30 days’ advance written notice of the cancellation of the insurance.
E. Third parties shall have no recourse against the City under this Agreement.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Agreement shall not be
a waiver or release.
H. This Agreement shall run with the land and may be recorded against the title to the
Property at the Developer’s expense. The Developer covenants with the City, its
successors and assigns, that the Developer has fee title to the Property being final
platted and has obtained consents to this Agreement, in the form attached hereto,
from all parties who have an interest in the Property, including, but not limited to,
mortgagees; that there are no unrecorded interests in the Property being final
platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
20
527289v2 SJS LA515-45
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each
and every right, power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter
any other right, power or remedy.
J. The Developer represents to the City that the Subdivision and the Subdivision
Improvements comply or will comply with all City, County, metropolitan, state, and
federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the
Subdivision is not in compliance, the City may, at its option, refuse to allow
construction or development work in the Subdivision until it is brought into
compliance. Upon the City’s demand, the Developer shall cease work until there is
compliance.
31. EVENTS OF DEFAULT. The following shall be "Events of Default" under this
Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement,
any one or more of the following events:
A. Subject to unavoidable delays, failure by the Developer to commence and complete
construction of the public Subdivision Improvements pursuant to the terms,
conditions and limitations of this Agreement.
B. Failure by the Developer to substantially observe or perform any material covenant,
condition, obligation or agreement on its part to be observed or performed under this
Agreement.
32. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject
to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by
21
527289v2 SJS LA515-45
written, executed instrument of the City, may take any one or more of the following:
A. The City may suspend its performance under the Agreement until it receives
assurances from the Developer, deemed adequate by the City, that Developer will
cure its default and continue its performance under the Agreement. Suspension of
performance includes the right of the City to withhold permits including, but not
limited to, building permits.
B. The City may initiate such action, including legal or administrative action, as is
necessary for the City to secure performance of any provision of this Agreement or
recover any amounts due under this Agreement from the Developer, or immediately
draw on the Security, as set forth in this Agreement.
33. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. In the event of a
default by the Developer as to construction or repair of any of the Subdivision Improvements or
any other work or undertaking required by this Agreement, the City may, at its option, perform the
work and the Developer shall promptly reimburse the City for any expense incurred by the City.
This Agreement is a license for the City to act, and it shall not be necessary for the City to seek
an order from any court for permission to enter the Subdivision for such purposes. If the City
does such work, the City may, in addition to its other remedies, levy special assessments against
the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for
itself and its successors and assigns, expressly waives any and all procedural and substantive
objections to the special assessments, including, but not limited to, hearing requirements, and
any claim that the assessments exceed the benefit to the land so assessed. The Developer, for
itself and its successors and assigns, also waives any appeal rights otherwise available pursuant
to Minnesota Statutes Section 429.081.
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527289v2 SJS LA515-45
The Developer also acknowledges that its failure to perform any or all of the Developer’s
obligations under this Agreement may result in substantial damages to the City; that in the event
of default by the Developer, the City may commence legal action to recover all damages, losses
and expenses sustained by the City; and that such expenses may include, but are not limited to,
the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement.
34. WARRANTY. During the warranty period, the Developer warrants that all Subdivision
Improvements will be free from defects and that they will continue to meet all technical
specifications and standards. During the warranty period, the Developer agrees to repair or
replace any Subdivision Improvement, or any portion or element thereof, which shows signs of
failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective
Subdivision Improvement during the warranty period, the City may repair or replace the defective
portion and may use the Security to reimburse itself for such costs. The Developer agrees to
reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the
cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made
within 45 days of the date upon which the City notifies the Developer of the cost due under this
paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed
costs against any lots in the Subdivision which have not been sold to home buyers if the Developer
fails to make required payments to the City. The Developer, on behalf of itself and its successors
and assigns, acknowledges the benefit to the lots within the Subdivision of the repair or
replacement of the Subdivision Improvements and hereby consents to such assessment and
waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota Statutes,
Chapter 429.
A. The required warranty period for all work relating to the public sewer and water shall
be two years from the date of final written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
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527289v2 SJS LA515-45
concrete curb and gutter, sidewalks and trails, materials and equipment shall be
subject to one year from the date of final written acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is two years from the
date of final written City acceptance of the installation.
35. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Agreement, payment of special assessments, payment of the costs of all public
Subdivision Improvements, and construction of all public Subdivision Improvements, the
Developer shall furnish the City with an irrevocable letter of credit or a cash escrow or a
combination of a cash escrow and letter of credit (the “Security") in the amount of $1,178,981.
The bank originating the letter of credit shall be determined by the City to be solvent and
creditworthy. The letter of credit shall substantially be in the form attached to this Agreement and
must be approved by the City. The amount of the Security was calculated as itemized on Exhibit
C. If at any time the City reasonably determines that the bank issuing the letter of credit no longer
satisfies the City’s requirements regarding solvency and creditworthiness, the City shall notify the
Developer and the Developer shall provide to the City within 45 days a substitute for the letter of
credit from another bank meeting the City’s requirements. If the Developer fails to provide the
City within 45 days with a substitute letter of credit from an issuing bank satisfactory to the City,
the City may draw under the existing letter of credit.
This breakdown is for historical reference; it is not a restriction on the use of the Security.
The City may draw down the Security, without notice, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If the required
public Subdivision Improvements are not completed at least 30 days prior to the expiration of the
Security, the City may also draw it down. If the Security is drawn down, the proceeds shall be
used by the City to cure the default.
36. REDUCTION OF SECURITY. Upon written request by the Developer and upon receipt
24
527289v2 SJS LA515-45
of proof satisfactory to the City Engineer that work has been completed in accordance with the
approved Plans and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve reductions in the Security in the following
instances:
A. Upon completion of grading operations, including temporary site restoration. The
Developer must submit an as-built grading survey to the City that at a minimum
establishes the as-built grades at all lot corners and downstream drainage
conveyance systems and storm water ponds. Upon inspection of the site and
approval of the as-built survey by the City, 100 percent, or $83,088, of the Security
associated with grading may be released. This Security reduction does not include
amounts related to erosion and sedimentation control.
B. Up to 75 percent of the Security associated with the itemization on Exhibit C may
be released upon completion of the following key milestones of the project as
determined by the City Engineer:
1. Construction Categories 2 and 3: The amount of $217,748 may be released
when all sanitary sewer and water main utilities have been installed, all testing
and televising has been successfully completed, sanitary sewer as-built inverts
have been verified, and the utilities are considered ready for use by the City
Engineer.
2. Construction Categories 4 and 5: The amount of $190,642 may be released
when all streets, sidewalks, and storm sewer have been installed and tested,
and have been found to be complete to the satisfaction of the City Engineer
including all corrective work for any identified punch list items and including
verification of storm sewer as-built inverts, but not including the final wear
course.
3. Construction Categories 6-10 and 14-17: The amount of $316,479 may be
25
527289v2 SJS LA515-45
released when all remaining Developer’s obligations under this Agreement
have been completed including: (1) bituminous wear course; (2) street lighting
and private utilities; (3) trails; (4) bio retention facilities; (5) iron monuments for
lot corners have been installed; (3) all financial obligations to the City satisfied;
(4) the required "record" plans in the form of the City standards have been
received and approved by the City; and (5) the public Subdivision
Improvements are accepted by the City Engineer and the City Council.
4. Construction Categories 11, 12 and 13: The amount of $97,052 may be
released when landscaping Subdivision Improvements have been installed to
the satisfaction of the City including all corrective work for any identified punch
list items.
C. Twenty-five percent of the original Security amount, excluding grading and
landscaping improvements shall be retained until: (1) all Subdivision
Improvements have been fully completed and accepted by the City, including all
corrective work and warranty punch list items; (2) all financial obligations to the
City have been satisfied; and (3) the warranty period has expired.
D. Twenty-five percent of the original Security amount associated with landscaping
shall be retained by the City until: (1) all landscaping Subdivision Improvements
have been fully completed and accepted by the City, including all corrective work
and warranty punch list items being completed by the Developer; (2) all financial
obligations to the City have been satisfied; and (3) the warranty period has expired.
E. In addition to the above project milestone based Security reductions, the
Developer may submit a written request and upon receipt of proof satisfactory to
the City Engineer that work is progressing in accordance with the approved Plans
and the terms of this Agreement and that all financial obligations to the City have
been satisfied, the City Engineer may approve a one-time reduction in the Security
26
527289v2 SJS LA515-45
for Construction Categories 2-5 in an amount not to exceed 50 percent of the initial
Security amount. This one-time Security reduction does not apply to Categories 4-
5 if boulevard sidewalks or trails have not been installed.
F. It is the intent of the parties that the City at all times have available to it Security in
an amount adequate to ensure completion of all elements of the Subdivision
Improvements and other obligations of the Developer under this Agreement,
including fees or costs due to the City by the Developer. To that end and
notwithstanding anything herein to the contrary, all requests by the Developer for
a reduction or release of the Security shall be evaluated by the City in light of that
principle.
37. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Agreement which must be paid to the City prior to recording the final plat:
Sewer Availability Charge (SAC): $99,000
Water Availability Charge (WAC): $99,000
Park Dedication: $0
Street Light Operating Fee: $516
City Base Map Upgrading ($25.00 per REU): $825
City Engineering Administration Escrow: $50,000
TOTAL CASH REQUIREMENTS: $249,341
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail
at the following address: 1660 Highway 100 South, Suite 400, St. Louis Park, MN 55416. Notices
to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed
to the City by certified mail in care of the City Administrator at the following address: Lake Elmo
City Hall, 3880 Laverne Avenue N., Lake Elmo, Minnesota 55042.
39. EVIDENCE OF TITLE. Developer shall furnish the City with evidence of fee ownership
of the property being platted by way of a title insurance policy dated not earlier than 30 days prior
27
527289v2 SJS LA515-45
to the execution of the plat.
40. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws,
ordinances, regulations, and directives of the state of Minnesota and the City applicable to the
Subdivision. This Agreement shall be construed according to the laws of the Minnesota.
41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement
is cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, or available to the City at law or in equity, or under any other agreement. Each
and every right, power, and remedy herein set forth or otherwise so existing may be exercised
from time to time as often and in such order as may be deemed expedient by the City and shall
not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy.
If either party waives in writing any default or nonperformance by the other party, such waiver
shall be deemed to apply only to such event and shall not waive any other prior or subsequent
default.
43. COUNTERPARTS. This Agreement may be executed simultaneously in any number of
counterparts, each of which shall be an original and shall constitute one and the same Agreement.
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527289v2 SJS LA515-45
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 City Clerk, respectively, of the City of
Lake Elmo, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
29
527289v2 SJS LA515-45
OP4 BOULDER PONDS, LLC
By: ___________________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___, day of _________________,
2018, by _______________________, the _______________________of OP4 Boulder Ponds,
LLC, a Minnesota limited company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
30
527289v2 SJS LA515-45
FEE OWNER CONSENT TO
DEVELOPMENT AGREEMENT
, fee owners of all or
part of the subject property, the development of which is governed by the foregoing Development
Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions
as the same may apply to that portion of the subject property owned by them.
Dated this day of , 2 .
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2018.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
31
527289v2 SJS LA515-45
MORTGAGEE CONSENT TO
DEVELOPMENT AGREEMENT
, which holds a
mortgage on the Property, the development of which is governed by the foregoing Development
Agreement, agrees that the Development Agreement shall remain in full force and effect even if
it forecloses on its mortgage.
Dated this day of , 2018.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of ________________,
2018, by _______________________________________________________________.
NOTARY PUBLIC
DRAFTED BY:
City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
32
527289v2 SJS LA515-45
CONTRACT PURCHASER CONSENT TO
DEVELOPMENT AGREEMENT
,
which/who has a contract purchaser's interest in all or part of the Property, the development of
which is governed by the foregoing Development Agreement, hereby affirms and consents to the
provisions thereof and agrees to be bound by the provisions as the same may apply to that portion
of the Property in which there is a contract purchaser's interest.
Dated this ___ day of ________________, 2018.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ___ day of _______________,
2018, by ________________________________________________________________.
NOTARY PUBLIC
DRAFTED BY: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3901
A-1
527289v2 SJS LA515-45
EXHIBIT A TO
DEVELOPMENT AGREEMENT
Legal Description of Property Being Final Platted
Outlot K, Boulder Ponds 1st Addition, Washington County, Minnesota, according to the recorded
plat thereof.
B-1
527289v2 SJS LA515-45
EXHIBIT B TO
DEVELOPMENT AGREEMENT
List of Plan Documents
The following documents prepared by SEH, Inc. and Westwood, collectively constitute the Plans:
THOSE DOCUMENTS BY AS FOLLOWS:
SHEET TITLE REVISION
DATE
1 of 20 of Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Title Sheet
2 of 20 of Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Typical Section Sheet
3 of 20 of Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Phasing Plan
4 of 20 of Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Grading Plan
5 of 20 of Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Soil Correction Plan
6-9 of 20 of Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Details
10-13 of 20 of Construction
Plans for Sanitary Sewer,
Watermain, Storm Sewer,
Street Construction, Turf
Establishment
Sanitary Sewer & Water Main
Plan
14-16 of 20 of Construction
Plans for Sanitary Sewer,
Watermain, Storm Sewer,
Street & Storm Sewer Plan
B-2
527289v2 SJS LA515-45
Street Construction, Turf
Establishment
17-18 of 20 Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Trail Plan and Profile Sheets
19 of 20 of Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Turf Establishment
20 of 20 of Construction Plans
for Sanitary Sewer, Watermain,
Storm Sewer, Street
Construction, Turf
Establishment
Signing & Striping
LS1 of 10 of Final Landscape
Plan
Overall Planting Plan
LS2-LS10 of 10 of Final
Landscape Plan
Final Landscape Plan
C-1
527289v2 SJS LA515-45
EXHIBIT C TO
DEVELOPMENT AGREEMENT
Subdivision Improvements Cost/Security Amount Estimate
CONSTRUCTION CATEGORY COST 125percent
1 Grading
$66,470 $83,088
2 Sanitary Sewer
$101,852 $127,315
3 Watermain
$130,412 $163,015
4 Storm Sewer (includes pond structures
and outfall pipes)
$55,845 $69,806
5 Streets and Sidewalks
$147,506 $184,383
6 Trails
$18,725 $23,406
7 Surface Water Facilities (ponds,
infiltration basins, other BMPs)
$55,849 $69,811
8 Street Lighting
$24,000 $30,000
9 Street and Traffic Signs
$738 $923
10 Private Utilities (electricity, natural gas,
telephone, and cable)
$0 $0
11 Landscaping Improvements
$103,522 $129,403
12 Tree Preservation and Restoration
$0 $0
13 Wetland Mitigation and Buffers
$0 $0
14 Monuments
$3,300 $4,125
15 Erosion and Sedimentation Control
$12,450 $15,563
16 Hudson Boulevard Turn Lane
Improvements
$217,516 $271,895
17 Developer’s Record Drawings
$5,000 $6,250
TOTALS
$943,185
$1,178,981
527289v2 SJS LA515-45
FORM OF IRREVOCABLE LETTER OF CREDIT
No.__________________
Date: ________________
TO: City of Lake Elmo
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $___________ available to you by your draft drawn on sight
on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.____________, dated ______________, 20___,
of (Name of Bank)" ;
b) Be signed by the Mayor or City Administrator of the City of Lake Elmo.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on
November 30, 20___.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45)
days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Lake Elmo City Administrator that it intends to modify the terms of, or cancel, this Letter
of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail,
at least forty-five (45) days prior to the next annual renewal date addressed as follows: City Administrator,
City Hall, 3880 Laverne Ave. N. Lake Elmo Minnesota 55042 and is actually received by the City
Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to
herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
By:
Its:
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2018-093
A RESOLUTION APPROVING THE DEVELOPER’S AGREEMENT FOR THE THIRD PHASE
OF THE BOULDER PONDS PLANNED RESIDENTIAL DEVELOPMENT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, OP4 Boulder Ponds, LLC, c/o Excelsior Group, LLC, 1600 Highway 100
S, Ste 400, St. Louis Park, MN 55416 (“Applicant”), has previously submitted an application to
the City of Lake Elmo (“City”) for a Final Plat for Boulder Ponds; and
WHEREAS, the Lake Elmo City Council considered and approved the Preliminary Plat
request for Boulder Ponds at a meeting held on September 16, 2014; and
WHEREAS, The Lake Elmo City Council adopted Resolution No. 2018-065 on June 19,
2018 approving the Final Plat for Boulder Ponds 3rd Addition; and
WHEREAS, A condition of said Resolution No. 2018-065 establishes that, prior to the
execution of the Final Plat by City officials, the Applicant is to enter into a Developer’s
Agreement with the City; and
WHEREAS, the Applicant and City have agreed to enter into such a contract, and a copy
of the Developer’s Agreement was submitted to the City Council for consideration at its August
8, 2018 meeting.
NOW, THEREFORE, based on the information received, the City Council of the City
of Lake Elmo does hereby approve the Developer’s Agreement for Boulder Ponds 3rd Addition
and authorizes the Mayor and City Clerk to execute the document.
Passed and duly adopted this 8th day of August 2018 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk