Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08-09-2011 CCMP
City of Lake Elmo City Council Workshop 3800 Laverne Avenue North Lake Elmo, MN 55042 August 9, 2011 5:30 p.m. — 6:30 p.m. (,) Proposed Agenda * . Horne Occupation Ordinance City Strategies for Economic Development (If time permitting) Adjourn ** Jsocial gathering ntay or may not be held at the Lake Elmo Inn Ibllowing meeting ** t . .".°LAKE ELMO MAYOR 84PQQA1Q14 WORKSHOP AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: Home Occupation Ordinance Kyle Klatt, Planning Director Bruce Messelt, City Administrator Planning Commission Kelli Matzek, City Planner DATE: WORKSHOP ITEM #1 DISCUSSION 8/9/11 SUMMARY AND ACTION REQUESTED: Pursuant to direction from the City Council to further review the proposed Home Occupation Ordinance at a workshop meeting, Staff is requesting that the Council devote a portion of its next workshop to further review of proposed revisions to the Home Occupation Ordinance. The recommended direction/action on this item is as follows: "Motion to direct Staff to prepare a formal ordinance amendment for consideration at a future City Council meeting" BACKGROUND INFORMATION: A more detailed Staff report prepared for a previous City Council meeting is attached for consideration by the City Council. Also attached to this report are two versions of the draft Home Occupation Ordinance: One version that represents a summary of proposed ordinance provisions drafted by two members (one existing and one former) of the City Council. The version that was recommended for approval by the Planning Commission, RECOMMENDATION: Based upon the above background information and attached staff report, it is recommended that the City Council provide additional direction to Staff by undertaking the following action: 'Motion to direct Staff to prepare a formal ordinance amendment for consideration at a future City Council meeting" -- page 1 -- City Council Meeting Home Occupation Ordinance 8/9/11 Workshop Agenda Item # 1 ATTACHMENTS: 1. Staff report from May 24, 2011 2. Draft Home Occupation Ordinance — Planning Commission Version 3. Draft Home Occupation Ordinance — City Council Version 4. Home Occupation Timeline 5. April 11, 2011 Planning Commission Minutes SUGGESTED ORDER OF BUSINESS: Introduction of Item .......... Report/Presentation Questions from Council to Staff Public Input, if Appropriate Council Discussion ...... Council Action/Director ........... ..... „...„......,.......„...City Administrator Planning Director .„..........„ ................. ,...,........Mayor Facilitates . ......,. ..... ..... ...... ,.Mayor Facilitates ........ ......... ....,...„..........Mayor & City Council Mayor Facilitates page 2 — CITY OF LAKE ELMO MAYOR & COUNCIL WORKSHOP DATE: WORKSHOP ITEM #: DISCUSSION AGENDA ITEM: Draft Home Occupation Ordinance SUBMITTED BY: Kelli Matzek, City Planner THROUGH: Kyle Klatt, Acting City Administrator IL REVIEWED BY: Planning Commission 5/24/11 2 SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to review the attached ordinances that have been drafted to regulate home occupations and to provide Staff with direction on how to proceed with revisions to the draft Ordinance. In 2004, the City Council gave an outline of information to staff with main topics to be covered under a draft ordinance. Since then, the Planning Commission has revisited and discussed this topic and suggested a departure from the original points supplied by the City Council. At the September 14, 2010 workshop meeting, the City Council was provided the alternate recommendation by the Planning Commission and considered the proposed draft. However, after further discussions, the City Council directed staff to move forward with a draft Home Occupation ordinance which differed from that recommended by the Planning Commission and instead followed the original direction. The Planning Commission minutes from the update dated April 11, 2011 is attached. The points of concern expressed regarding the original direction are as follows: That the ordinance as proposed by the City Council would be too restrictive for certain types of home offices (i.e. those that have customers but otherwise have no other impacts). That the proposed ordinance is not business friendly and would discourage new businesses from locating in Lake Elmo. A point of concern expressed regarding the Planning Commission's recommended ordinance was the impact of traffic from business trips for a home occupation in a more compact residential neighborhood. page 1 -- City Council Meeting Home Occupation Ordinance 5-24-11 Workshop Agenda Item # 2 BACKGROUND INFORMATION: Staff is providing the Council with a Timeline of the Home Occupation Ordinance, 2006 proposed Home Occupation regulations from Council Members Smith and DeLapp and Ordinance No. 08-027. The main discrepancies between the Planning Commission's recommended Ordinance and the 2006 regulations proposed by Council Members Smith and DeLapp fall upon 9 principle items: Item Planning Commission 2006 City Council Directions Recommendations Classifications 2 Classifications: Home offices and 1 Classification Home Based Businesses Business Vehicles 3 (to include employees) allowed on 1 pickup truck or van allowed site at any onetime for Home Based Businesses. Must comply with city parking regulations Equipment No limit Limited by those normally found at a residence On Premise Sales Home Offices: not permitted. Home Not permitted Based Businesses: not regulated but limited by customer visits (5 per day) Employees Home Office: no non-resident No non-resident employees employees. Home Based Businesses: 2 non-resident employees Customer Visits Home Office: Not permitted. Home Not permitted Based Businesses: 5 per day Accessory Office/Business allowed to operate Not allowed to operate within Buildings within, Storage Within residential/garage/accessory Enclosed and limited to 1 00sq ft building structures/ Infrequent Sales Twice a year no more than 3 days in Twice a year no more than 6 days length in length STAFF REPORT: The Home Occupation Ordinance is currently out of date. It is only referenced in the definition section of the City Code, does not address garage sales or merchandise sales, and provides no review process to evaluate how intrusive a Home Occupation is on surrounding property. Now that more and more individuals are beginning to use Horne Occupations, it is becoming a necessity to update Lake Ehno's regulation in order to provide better guidance on the proper usage of Home Occupations, RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council discuss the discrepancies between City Council recommended regulations and those recommended by the Planning Commission, Staff is seeking direction on moving forward with the Home Occupation Ordinance. -- page 2 -- City Council Meeting Hon w Occupation Ordinance 5-24-11 Workshop Agenda Item # ATTACHMENTS: 1. Draft Home Occupation Ordinance — City Council Version 2. Draft Horne Occupation Ordinance — Planning Commission Version 3. Home Occupation Timeline 4. April 11, 2011 Planning Commission Minutes SUGGESTED ORDER OF BUSINESS: Introduction of Item ........ ........... . ....... ............. . ....... ...,Planning Staff Report/Presentation Planning Staff Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate Mayor Facilitates Council Discussion ............ .......... ...,.... ...... ........ ....... Mayor & City Council Council Action/Director Mayor Facilitates -- page 3 -- Ordinance 08-xxx ,Anning Commission Version; 6/28110 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE ADDING HOME OCCUPATION REGULATIONS TO THE CITY CODE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to eliminate existing defmitions as follows: gainful occupation or vithin a d ofession engaged in by trade is stored on the premises, that no over the counter retail sales are involved, and entrance to up-ation is or can be gained from within the strueture. Uses include professional , and sin:" restaurants, disorderly house as defined by M.S.§ 609.3 , Eflubc.1. I, as it may be amended from time to time, or similar uses, No HOME OCCUPATION hall be permifted that creates the need for more than 3 7:00 a.m, and 10:00 p.m. be carried on except between thc hours of SECTION 2. The City Council of the City of Lake Elmo hereby amends Title I: General Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to add the following definitions in alphabetical order with the already existing definitions: Garage Sales. Any isolated or occasional display and sale of used personal property or home -crafted items conducted on residential premises by the occupant of the residential property. Garage sales shall include rummage sales, basement sales, yard sales, porch sales, craft sales, and seasonal boutiques. Garage sales are limited to no more than two (2) sales per calendar year at any one property. Such sale cannot exceed three (3) consecutive calendar days. Home Based Business, A home occupation that does not meet the definition of home office either because it allows non-resident employees, additional parking, or customer visits. Home Occupation. Any occupation, profession or trade engaged in by the occupant of a residential dwelling unit, which is clearly incidental and secondary to the residential use of the premises and does not change the character of said premises. There are two types of home occupations: home offices and home based businesses. Ordinance 08-xxx Planning COMMIoSiOn Version; 6/28/10 Home Office. A home occupation which consists primarily of an office or home crafts. It includes, but is not limited to, receiving or initiating correspondence, such as phone calls, mail, fax, or e-mail; preparing or maintaining business records; word or data processing; and telephone, mail order, and off -premise sales. Merchandise Parties. Private parties bed for the purpose of soliciting sales. Merchandise parties shall include but not be limited to Tupperware, Mary Kay, and Avon parties. Merchandise parties shall be limited to no more than six (6) sales per year from a residential dwelling unit. SECTION 3. The City Council of the City of Lake Elmo hereby adds 154.112: Land Usage; Chapter 154: Zoning Code, by adding the following language: § 154.112 Home Occupations. (A) Purpose and Intent, The City of Lake Elmo recognizes the desire and/or the need of some citizens to use their residences for business activities. The City also recognizes that the use of residences for limited business purposes may result in a reduction of vehicle trips on City streets as well as economic benefit to City residents. It is therefore the purpose and intent of this Section to allow the use of residences for limited business purposes while regulating such business use in a manner that precludes such business use from becoming a nuisance to neighboring residential property owners, and while preserving the distinction between residential and commercial zoning districts. (B) Home Based Business and Home Office. Permits responsive to this Section shall be applicable to Home Based Businesses, but not to Home Offices, as both are defined by Section 150 of this City Code. (C) Administrative Enforcement. (1) Home Based Business Permit. Any Home Based Business shall require a "Home Based Business Permit." Permits shall not run with the land and shall not be transferrable, A complete application, including the signature of the property owner, shall be submitted to the City. The planning department may impose such conditions on the granting of a Home Based Business Permit as may be necessary to carry out the purpose and provisions of this Section. (2) Review. The planning department shall approve or deny Home Based Business Permit applications upon receipt of a complete application. If the permit is denied, the planning department will send a written notice of denial to the applicant. The written notice will indicate the reason(s) for denial and a description of the applicant's appeal rights as indicated in section 31.10 (D) Home Office Performance Standards. Home Offices must meet the following Performance Standards: 2 Ordinance 08-xxx j)Inning Commission Version; 6/28/10, (1) Residency. A full-time resident of the property must conduct the home office, (2) Impact on Adjacent Properties. The Home Office shall have no adverse effect on adjacent properties which shall include but is not limited to traffic or offensive noise, light, odor, dust, electro-magnetic interference or other noxious substances, as may be defined elsewhere in the City Code. (3) Exterior Appearance. There shall be no exterior evidence, including signs advertising the home occupation, that a building is being used for any purpose other than as a residential dwelling or permitted accessory structure. (4) Number of Businesses. More than one Home Office is allowed, however the combined impact shall be considered when evaluating if it meets the requirements of a Home Office. (5) Non-resident Employees. No non-residents may work on the site. (6) Customer Visits to Site. The general public shall not come to the premises in question for purposes pertaining to the conduct of the Home Office. (7) Deliveries to Site, No more than six (6) delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical residential delivery truck. (8) Storage. Any merchandise or stock in trade sold, repaired, or displayed shall be stored entirely within the residential structure, garage, or an accessory building. (E) Home Based Business Performance Standards. Review of applications for Horne Based Business Permit and subsequent determinations regarding revocation of a Home Based Business Permits shall be based on the initial and continued compliance of a Home Based Business on the following Performance Standards: (1) Residency. A full-time resident of the property must conduct the business, (2) Impact on Adjacent Properties. The Home Based Business shall have no adverse effect on adjacent properties which includes but is not limited to traffic or offensive noise, light, odor, dust, electro-magnetic interference or other noxious substances, as may be defined elsewhere in the City Code. (3) Exterior Appearance. There shall be no exterior evidence, including signs advertising the home occupation, that a building is being used for any purpose other than as a residential dwelling or permitted accessory structure. (4) Number of Businesses. More than one Home Based Business is allowed, however the combined impact shall be considered when evaluating the terms of the Horne Based Business Permit. Ordinance 08-xxx Planning Comno.sion Version; 6/28/-10 on the site. (5) Non-resident Employees. Not more than two (2) non-residents may work (6) Business Vehicles. A maximum of three (3) business vehicles may be on site at any time, and the vehicles must be parked off-street at all times. No parking shall replace the required parking of the residents. Said vehicles must be in compliance with section 154.095 in the City Code regarding the maximum size of vehicles permitted to be parked in residential zones. (7) Customer Visits to Site. Permitted only where specified by the Home Based Business Permit, and shall be limited to a maximum of five (5) per day. (8) Deliveries to Site, No more than six (6) delivery/pickup trips per week. Delivery vehicles shall not be larger than a typical residential delivery truck. (9) Storage. Any merchandise or stock in trade sold, repaired, or displayed shall be stored entirely within the residential structure, garage, or an accessory building. (10) Off -Street Parking. When customer site visits are specifically allowed by the Home Based Business Permit, adequate Off -Street Parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be in compliance with section 154.095 in the City Code. (11) Hours of Operation. Home Based Businesses can only have non-resident employees at the site, deliveries to the site, or customer visits to the site between the hours of 7:00 a.m, to 10:00 p.m. seven (7) days a week. (F) Exceptions. Home Occupations do not pertain to Agricultural Sales, Garage Sales, Licensed Residential Facilities, or Merchandise Parties. SECTION 4. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date This Ordinance No. 08- was adopted on this day of 2011, by a vote of Ayes and Nays. Mayor Dean Johnston 4 Ordinance 08-xxx ATTEST: Bruce Messelt City Administrator This Ordinance No 08- Cofnmission Version; 6/28/10 was published on the day of , 2011. 5 Ordinance 08-xxx City (..vancil Version,- 5/24/11 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08- AN ORDINANCE ADDING HOME OCCUPATION REGULATIONS TO THE CITY CODE SECTION I. The City Council of the City of Lake Elmo hereby adds 154.112: Land Usage; Chapter 154: Zoning Code, by adding the following language: § 154.112 Home Occupations. (A) Purpose and Intent. The purpose of this section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and general welfare of the surrounding neighborhood. (B) General Provisions: (1) No home occupation shall produce light, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. (2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. (3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. (4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. (5) There shall be no exterior storage of equipment or materials used in the home occupation. (6) Vehicles associated with a home occupation shall be limited to one automobile, pick-up truck, or van on the premises. (7) The home occupation shall be conducted using only equipment or machinery that is normally found at a residence, Ordinance 08-xxx City Council Version; 5/24111 (8) The home occupation shall meet all applicable fire and building codes. (9) There shall be no exterior display or exterior signs which are visible from outside the dwelling. (10) All home occupations shall comply with the provisions of the city code. (11) No home occupation shall be conducted between the hours of 10:00 p.m, and 7:00 a.m., unless said occupation is contained entirely within the principle building, excluding attached garage space and will not require any off street parking facilities. (12) No commodity shall be sold on the premises, excluding party based sales. (13) No persons other than those who customarily reside on the premises shall be employed. (14) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. (15) All home occupations shall be conducted entirely within the principle dwelling excluding the attached garage space, and may not be conducted in an accessory building. (16) The home occupation shall not require storage of over 100 square feet. 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 No. 08- was adopted on this day of 2011, by a vote of Ayes and Nays. ATTEST: Bruce Messelt 2 Mayor Dean Johnston Ordinance 05-xxx City C,„,incif Version; 5/24/11 City Administrator This Ordinance No 08- was published on the day of , 2011. Home Occupation Timeline • April 11, 2011 — Planning Commission was updated with City Council's direction at September meeting • September 14, 2010 — City Council reviewed recommendation by Commission, directed staff to proceed with Council's original ordinance direction • July 20, 2010 — City Council removed the item from the agenda and asked for it to be discussed at a workshop. • July 6, 2010—City Council tabled decisions for all members to be present. • June 28, 2010—Planning Commission recommended approval of the Home Occupation Ordinance to the City Council • April 12, 2010—Planning Commision made the following recommendation with regard to Home Occupations: o Horne Occupations will be defined by two subtypes: Home Offices and Home Based Businesses. o Home Based Businesses should have a Horne Based Business Permit that is monitored by the staff using an application procedure. o Home Offices should be regulated by performance standards. o Exceptions to the Home Occupation Ordinance should include garage sales, licensed facilities, and agricultural sales. o A Garage Sale provision should be added to the definition section. • March 22, 2010—Planning Commission made the following suggestions with regard to Horne Occupations: o They suggested separate regulations and definitions for home offices and home based businesses and wanted to return to the old planning commission draft as a starting point. o Degree of storage should not be limited for any home occupation. o Home offices would not have a permit and home based businesses would require a Special Home Occupation Permit. o Signs would not be permitted for any home occupation • March 8, 2010—Planning Commission reopened discussion on the Home Occupation Ordinance • July 18, 2006—City Council o Tabled discussion • June 12, 2006—Planning Commission made revisions to the recommended ordinance o Made the following changes: • Degree of storage should not be limited ▪ Two non-resident employees are allowed in a home -based business • Annual license renewals is not needed IR Three business related vehicles are allowed at any time (parked off street) • Limited visits from 10 to 5 per day • Deliveries limited to 6 trips daily • June 6, 2006- City Council workshop o Made a draft ordinance March 27, 2006—Planning Commission Public hearing o Concern over stock and trade being limited because of invasion of privacy o Concern over how to address adverse impacts on adjacent property March 13, 2006—Planning Commission Public Hearing o Discussed Shoreview ordinance o Discussed the definition currently in use and suggested splitting it into two categories: home based business, and home office o Discussed difference between seasonal and year long businesses o Discussed deliveries November 14, 2005—Planning Commission o Discussed Shoreview Ordinance and created a table o Discussed accessory structures o Discussed licensing o Discussed distinction between land uses October 24, 2005 Planning Commission o Discussed traffic concerns o Discussed exterior visibility of business • March 14, 2005—Planning Commission o Horne occupations discussed under a zoning text amendment • Was amended to include RR zoning • February 28, 2005—Planning Commission o Set up schedule for March 14, 2005 text amendment, and suggest tabling rest of the issue • February 7, 2005—City Council, Home Based Business Workshop DRAFT Planning Director Klatt said if the citwanted to oformbad code, parts of this proposeSemaistill. LLIL Ogartge or go away completely, He as he commission to also review a draft purpose section for each district. Commissioner Williams suggested keeping Rural Resident and Residential Estate zoning districts separate as they have different lot size re iirernents. Planning Director Klatt asked the commission to c sider if they would want to see additional land in the Neighborhood Conservati, ategory which allows one and a half acre lots. He said the Comprehensive Plan currently does not allow for additional properties that are not already guided for . He suggested consideration of recreating an updated Open Space Preservation IP District. He identified low, medium and high density residential districts with den ranges provided for discussion purposes. Commissioner Williams said proposed 3.5 to 6 units is not low density. He said that would exclude anything les en three units per acre and it should be looked at in more detail. He said the R-2 dct allows too much variable as.a developer will always push for the highest density owed. He said the VR language is very general, but should include a maxim ity. Planning Direo4r Klatt said the numbers d in his experience ower end of density requirements while cities push for hi meet objectives. Commissioner Williams said he thinks mention of public investment in the Mixed Use and Central Business category should be removed as the city should not be making that commitment. Business Item - Horne Occupation Ordinance Update Planner Matzek briefly updated the commission on the previous work done on the home occupation ordinance. She said the City Council received the commission's recommendation, but chose to move forward with their original direction. Commissioner Fliflet said it does not make sense that the ordinance proposed by the City Council would not allow a tax consultant to do so from home. Commissioner Hall said the Council proposed ordinance is not business friendly and discourages instead of encourages businesses to locate in Lake Elmo. He asked if the City Council's Economic Development Subcommittee would like any volunteer advisory members. Commissioner Haggard said her neighborhood is more compact and a home occupation could have a greater impact on her neighborhood, especially if there were multiple businesses on the same road. Lake Elmo Planning Commission Minutes; 4-11-11 2 DRAFT Chairman Van Zandt said the city needs to think of who creates the taxes and it is not the people who leave this city. Business — Amending Storm Water and Erosion and Sediment Contro Planner Matzek said the ordinance is prop said the AUA 1? Tmattivizerirrffie a Minor amendment to reflect this ne is a more administrative process. ions, She chanebut that Commissioner Williams suggested taking out the text "and discretia from Sections 150.287 B and C. Commissioner Fliflet suggested the Best Management P gives the engineer additional flexibility. MIS, Bidon/Fliflet, move to approve the changes es are subjective and this ended by staff. MIS/P, Williams/Hall, move to amend the mt on to remove "and discretion" from Sections 150.287 B and C. Vote: 6:2. Bi. and Fliflet against. The commission voted on the original otion as amended. Vote: 6:2. Bidon and Fliflet against. Business Item —1-94 Stakehold Planner Matzek said 36 peop for future sewered develop herself presented infoiiva went well. Updates Planning Direetor att said there were no City Council updates. eeting (Held March 31'') attended a stakeholder meeting regarding the area guided nt south of 10th Street. She said the City Engineer and on existing conditions and took questions; the meeting Adjournmen The meetin Respect Ke Planne as adjourned at 9:05 p.m. ubmitted, Lake Elmo Planning Commission Minutes; 4-11-11 CITY STRATEGI. FOR ECONOMIC DEVLLOPMENT One of the most importa actors in successful economic development is strong, strategic leadership. Your community expects that from you as an elected official. Here are 10 things you should know about economic development to deliver that kind of leadership. By Katie McConnell conomic development is about jobs and future prosperity —two things 116 that local elected officials and con- stituents take very seriously. Rare is it an election speech or a campaign platform that does not focus on the topic, especially in today's economic climate. With that in mind, it is also a complex policy area that needs long-term vision and commitment and that suffers from urgent calls for results, often for under- , standable reasons, like high unemploy- ment,This makes economic development especially susceptible to fads and short- sighted programs. Given the dueling need for patience and pressure for results, leadership is con- sistently identified as a critical factor for success.Particularly needed are strategic elected leaders to help develop and communicate a common vision, provide committed policy and regulatory support, and motivate stakeholders into action. Your role as a city leader Local officials are typically generalists out of necessity —keeping track of issues as varied as parking meters, after - school programs, and redevelopment. With this in mind, to be a leader for economic development, the goal is not to become experts in all the day-to-day details, but instead to occupy roles that maximize the position of elected lead- ers, and partner with other stakeholders and staff to reach goals. There is a basic principle that local elected officials should keep in mind when thinking about economic devel- opment —there is no magic bullet or one -size -fits -all solution for economic development. Cities and regions have different strengths and weaknesses, and importing a "best practice" from one community wholesale into another could be a recipe for disaster,What constitutes success will vary from community to community based on different visions and goals. Ten things to know Within this framework, the National League of Cities (NLC) studied success- ful city practices and interviewed eco- nomic development professionals, elected leaders, academics, and business organi- zations, The goal was to understand the pieces of information and the roles that would be most helpful to local officials. This work produced a list of 10 things elected officials should know about economic development.This list can be useful to local elected officials in helping them initiate conversations with key players in the community about economic development. The 10 things elected officials should know about economic development are: 1,Your local economic strengths and weaknesses, Your community's strengths and weaknesses, such as quality -of -life amenities, infrastructure, and workforce, determine the potential of your corn- munity for economic growth.This economic profile lays the foundation for creating a realistic vision and strategic direction for economic success that is unique to your community. With the assistance of your economic development staff and input from stake- holders, you can identify factors within and outside the control of local govern- ment that impact and shape your local economy. Identifying strengths and opportunities is crucial, but local officials should also pay attention to weaknesses and potential threats. 2.Your community's place in the broader regional economy. Competition for tax base and jobs often puts pressure on elected officials Logo toe -to -toe with neighboring jurisdictions. The reality is however that local economic success depends on regional economic success.This is particularly true in the global economy where economic com- petition is from cities abroad. By working together, your region can leverage the collective regional assets versus just what falls between municipal boundaries. With a firmer grasp on how your com- munity fits into the broader region, you're better prepared to work with other jurisdictions to share responsibility for regional economic success. It is important to note that participat- ing in regional activities for economic development may present some political difficulties with constituents if the local economic benefits are not well corn- municated. Local officials can work with staff to craft clear, accurate messages about how regional economic success translates into improved employment opportunities, tax base, or amenities to your city and the people who live there. 3.Your community's economic develop- ment vision and goals. A primary chal- lenge in economic development is choosing among many competing priorities and activities.A clear economic vision and goals are needed to provide a framevvork for strategically assessing and coordinating these efforts, A well - designed visioning process will surface an array of ideas, opinions, and objectives from a diverse group of stakeholders.An 4 MINNESOTA CITIES ULY-AUGUST 2011 important role for elected officials is to help bring people to consensus and agreement on a common purpose that provides clear direction for local eco- nomic development efforts. 4.Your community's strategy to attain its goals. Once the economic develop- ment vision and goals are defined, it is . important that they guide and determine your city's economic development activities, There are many local activities that can be used to accomplish your city's long-term economic development vision.The types of economic develop- ment policies and tools pursued by your community will depend on those permitted by your state, as well as how your local government perceives its role in stimulating private sector economic activities. . Elected officials should also work with their staff to determine a set of expected outcomes, the necessary level of resources (staff and budget) needed to achieve these outcomes, and perfor- mance metrics to evaluate and measure them. In the context of short-term political cycles, it may be tempting to stray from the strategy and only con- sider economic development in terms of traditional, more tangible successes, such as attracting a new, large employer. For this reason, it is important that elected officials and staff agree upon, are committed to, and accurately measure even incremental economic achieve- ments.This will allow political leaders to demonstrate success arid champion all the various ways the community supports economic activity. 5. Connections between economic development and other city policies. 'When crafting economic development policies, it is essential to consider how other city policies support or discourage your economic development goals.The scope of economic development, and the interests and needs of the business community extend well beyond market access and transportation networks. For example;social and professional networks, education institutions, quality -of -life amenities, and housing are all important to your community's economic profile. Additionally, there is an increased rec- ognition that improvements in social and economic equity and the natural environment are critically important to long-term economic success, 6.Your regulatory environment. A community's regulatory environment directly impacts the ease of doing busi- ness in a city. For businesses, time is money, and regulatory process should allow for timely, transparent, and reliable resolution of issues. If your city's regula- tory policies are riddled with delays, confusing and redundant steps, and multiple approval processes, a prospec- tive business may very well choose to locate or expand in another community To improve your city's regulatory process, gather input from your business community about their frustrations and experiences.Working with your local chamber of commerce or other local business organizations may be helpful in this process. It is also important to be mindful not to throw the good out with the bad. Not all development is good development, and it is important that your regulatory processes reflect your long-term economic development vision to safeguard against detrimental projects. 7. Your local economic development stakeholders and partners. A group of diverse stakeholders within and outside local government contribute to economic development.These include both large and small businesses, economic devel- opment organizations, education insti- tutions, chambers of commerce, and many others. Local officials should work with staff to strategically identify who needs to be involved on an economic development project, the resources they bring to the table, and how to leverage the position as an elected official to motivate stakeholders into action. &The needs of your local business community. It is important for local elected officials to bring the same com- mitment and enthusiasm to existing businesses as they do to new business prospects. Cities often create incentives or policy packages to attract new employ- ers and celebrate a new company with ribbon cuttings and stories in the local media. By similarly celebrating local business accomplishments, you can show the city's support, increase the business's profile, and draw attention to economic development success stories that often go unnoticed, Additionally, it is important to reach out and communicate with your local business community.Whether through your local chamber of conunerce, orga- nized events, or visiting businesses indi- vidually, local officials can gather input to help improve local business policies and demonstrate that the community cares about the success of their businesses. 9.Your community's economic devel- opment message. Strong communication and a compelling message are vital to successful economic development efforts.An economic development mes- sage that is based on your community's collective vision arid is conveyed by all key stakeholders will establish a consis- ' tent community "brand" and competitive identity to the outside world. Local elected officials can use public speeches, interviews, and other communications to rally the community around their economic development message. Pre- senting a consistent message will also prornote confidence in developers, business owners, and others who want to be assured that their investments in your community will have broad sup- port among local leaders, residents, and key partners. 10.Your economic developtnent sta • To be an effective leader in economic development, local officials must be informed on the economic develop- ment issues facing their region.To stay up to date, local officials should forge a relationship with and communicate regularly with the city's economic development staff.This relationship will allow you to gain a better understanding of the economic position of your city, better articulate goals to constituents and the media, and make more informed policy decisions. For more details, read The Role of Local Elected Officials in Economic Devel- opment: 10 Things You Should Know, a new guide produced by the NLC Center for Research and Innovation.This 36-page guide is available on the Eco- nomic Development page (under the Find City Solutions tab) of the NLC website at www.rdc.org. For more information about the NLC Center for Research and Innovation's work on finance and economic development, contact Katie McConnell using the contact information below. Katie McConnell is senior associate,finance and economic development, with. the National League of Cities. Phone: (202) 626-3 131. E-mail: mcconnell@n1c.org, JUI.Y-AUGUST MINNESOTA CITIES 5 CITY STRATEGI. ) FOR ECONOMIC DEV, )OPMENT The Regional Council of Mayors, a group of Twin Cities metro area mayors, understands that economic development is key to the vitality of our region and state. The council started the MSP Regional Cluster Initiative to strengthen the economy and grow jobs. By Mayor Gene Mnstead of Bloomington s mayors, we know that many of our communities' challenges would be solved if all our residents had quality jobs.We would have the resources to reduce crime and increase public safety.We could build and maintain the necessary infrastructure that cities provide.And we would be able to provide all the other services: necessary to maintain the highest quality of life for our residents. In 2009, the Regional Council of Mayors (RCM) —a group of mayors from 41 metro cities —launched a two- year effort called the MSP Regional Cluster Initiative.The goal is to strengthen the economy and grow jobs in the Twin Cities metro region. RCM is collaborating with the private, public, and academic sectors to carry out its work. Partners include Urban Land Institute, University of Minnesota Humphrey School, the Minnesota Department of Employment and Economic Development, and BioBusi- ness Alliance of Minnesota. The 'cinder' advantage A "cluster" is defined as a geographical concentration of related companies within a particular industry that leverages regional assets and existing economic strengths to grow a competitive edge. The employment in these regional clus- ters outpaces the average share ofjobs in the U.S. economy. Research has shown that businesses that are part of an eco- nomic cluster register a higher growth rate in the number ofjobs, wage levels, and quantity of patents, Regions with strong cluster environments tend to attract new industries wishing to take advantage of this incubator for economic growth. Harvard Business School Professor Michael Porter developed a rating system that identifies clusters that excel in the sale of goods and services. A highly rated cluster means that there are businesses in that sector that are selling goods and services outside of the local region to the rest of the nation and the world. Minnesota ranks high in the design and manufacture of medical devices, Medtronic, Boston Scientific, and St. Jude Medical are examples of the many companies that make the medical device cluster so dominant in the Twin Cities area. Minnesota's medical device cluster possesses the highest per capita and annual payroll of any state in the nation for that industry. It also boasts high rates of innovation and entrepreneurship. As a result, Minnesota is known as a national leader in the medical device industry. Other strong clusters in Minnesota are the printing and publishing, analytical instruments, and lighting and electrical equipment industries. Clusters that are growing in strength include plastics, chemical products, and biopharmaceu- ticals,The entertainment cluster is also gaining ground, perhaps owing to the metro's strength in the creative and cul- tural arts. On the other hand, we have seen a slight decline in the distributional service and financial services sectors in Minnesota, clusters that were previously highly rated but are now declining. Goals of the initiative The RCM's MSP Regional Cluster Initiative is currently three-quarters of the way through the process.The initia- tive has four main objectives: 1. Conduct research on the importance of clusters and corporate headquarters concentration as regional economic growth engines. The purpose of this is to identify regional strengths and advan- tages so that we can"rev up" the regional economic growth engine. RCM researched the medical device cluster through interviewswith industry lead- ers to determine what it would take to strengthen and allow the cluster to grow. It also became apparent in RCM's analysis of the region that we have a strong concentration of corporate head- quarters for Fortune 500 companies. This concentration cannot be defined as a cluster because it is composed of many different types of industries. 2. Deepen linkages with regional initiatives to increase economic growth. This can be accomplished by identif ing partnerships on a local, regional, and state level to help facilitate the growth of individual businesses and their industries.There are other organizations working on economic development that will complement RCM's research, including the Regional Economic Development Partnership, Itasca Project, and many others. 3. Convene an industry -led medical device cluster board. Cluster boards help to concentrate efforts in a particular area in order to build on strengths. To meet this objective, RCM helped to facilitate the formation of an industry - led medical device cluster board that is defining how to help the region. Other areas around the country have already formed medical device cluster boards to cut into Minnesota's market share; it only. made sense to develop a concerted effort to respond to that threat, 4. Recommend action plans and strate- gies for local, state, and federal government 6 W1INNESOTA CITIES JULY-AUGUST 2011 that retain, attract, and grow regional economy. RCM is working on recom- mendations for action plans and strate- gies for local, state, and federal government to help clusters survive and thrive. Accomplishments RCM accomplished a great deal during the first year of the MSP Regional Cluster Initiative. Ten competitive trade clusters were identified in the metro area.We narrowed them down to three clusters for further research, outreach, and engagement.These three were the medical device, financial services, and distribution services clusters. Mayors from RCM interviewed the CEOs of these organizations to identify the strengths and Opportunities in their industry and build partnerships with them,This experience was invaluable in terms of getting to know the CEOs and how RCM can assist them down the road. Following the interviews, RCM selected two areas for'further action — the medical device cluster and the corporate headquarters concentration. In the second year of the project (2010-2011), RCM integrated the Regional Cluster Initiative into the MSP Metropolitan Business Plan as one of its five growth strategies.As mentioned earlier, RCM formed an industry -led medical device cluster board to identif and address common areas of concern among the companies. Chief among the group's concern was the lack of clarity concerning federal regulations, and the potential for stricter govern- ment oversight and scrutiny combined with more complicated and lengthy timetables for approvals. There is no guarantee that the medical device industry will remain a major driver in Minnesota's economy. Over the next decade, the industry will face tough com- petition from emerging markets abroad. But mayors can be strong third -party advocates for these businesses to help them maneuver state and federal regula- tions',The medical device cluster board is an example of an authentic, results -driven collaboration that is utilizing public leadership to drive participation and push for action. Also in the second year of the Regional Cluster Initiative, RCM expanded the regional mayor interviews to corporate headquarter CEOs in order to understand their key drivers. Mayors spoke to CEOs and key senior executives from companies such as 3M, Best Buy, General Mills, and others.They said that while inconsistent processes, regulations, and taxes still present challenges, those are secondary issues for the CEOs,What is more important to them is developing a strong talent pool in Minnesota. Pre- paring high school graduates for college, and college graduates for the workplace are key priorities for these CEOs. The RCM mayors also learned that the University of Minnesota has been, and continues to be, an engine for eco- nomic growth in this region.We must invest in university -based research to keep the edge that it provides to our economy The CEOs said that Minnesota's quality of life is a clear advantage for retaining quality employees. Corporate recruits as well as businesses looking to expand tend to shy away from Minne- sota because of the winter weather, but those who do come tend to stay in the state because of our high quality of life. We must do a better job of corrununi- cating the Minnesota advantage outside of the state. Lessons learned for city leaders We mayors realized that we must focus on being third -party advocates for our local businesses. Because of our role as public leaders, we're in a unique position to help business leaders coordinate with initiatives and programs tied to policy - makers in St. Paul and Washington, D.C. But there is even more that we can do,We need to integrate the findings of the MSP Regional Cluster Initiative report into our local, regional, and state economic development plans.We should connect with partners such as the Urban Land Institute and the University of Minnesota to carry out the action plans coming out of the report. We must also build on the corporate outreach momentum that we have already established with our local CEOs. Many times there are small things that we can do as mayors in our local com- munities that matter greatly to these CE0s.We should stay in touch with them by reporting back on our findings and maintaining meaningful dialogues so that they know they have a trusted ally in their public sector leaders. In addition, we must not set aside talk of clusters.We should encourage the creation of other regional cluster boards like the one developed for the medical device industry,We should also advocate for the inclusion of cluster - based economic development for state and regional strategies. Looking to the future RCM is currently wrapping up work on the Regional Cluster Initiative by producing a case study that captures the common themes from the research.The case study will make recommendations on policies and strategies that can strengthen the local economy and grow jobs in the metropolitan area, Who will be our next 3M or Medunnic? The next Fortune 500 com- panies in our region will likely emerge from existing srnall to medium-sized businesses.They are where our greatest job growth and innovation is going to materialize. So how do, we create an environment that fosters innovation and entrepreneurship among these companies? And how do we complement all of the other work being done by others so that they can grow from entrepreneur into a major entity? To drive economic development, the Twin Cities metro needs to be a region that fosters innovation and is willing to help entrepreneurs via early and long- term financing, research, legal expertise, business consulting, job training, and other resources.Also, we must invest in programs focused on jobs, housing, transportation, and sustainable growth to help these businesses thrive in a global marketplace. The Regional Cluster Initiative has shown us that by leveraging our strengths in certain key industries; collaborating with the public, private, and academic sectors as well as other regional eco- nomic development initiatives; and serving as a catalyst for action, cities can continue to support our current Fortune 500 companies while actively growing our next wave of these busi- nesses in the Twin Cities metro. Our success in this endeavor will allow us to strengthen the economy and grow jobs, creating better cities and an even more globally competitive region. Gene Winstead is the mayor of Bloomington and has led the MSP Regional Cluster Initiative during the last year Phone: (952) 563-8782, E-mail: gwinstead@ ci.bloontington. mn. us, -AUCLIST 2011 IVIININIESOTA CITIES 7 Signs of Recovery, but Cities Still Hurting ities continue to confront the fallout of the recession, although some signs point to business and economic activ- ity improving, according to a National League of Cities (NLC) survey of actions and perceptions of city officials. Responses to the Local Economic Conditions survey, the first in a multi -year tracking effort, highlight the continuing challenges posed by the recent recession and also, in a number of instances, mirror national indica- tors of turn -around and stabiliza- tion in the U.S. economy. In good news, 45 percent report that the health of the retail sector is improving, and 28 percent report that business permits and licenses are improving. Addition- ally, more than one in three officials (35 percent) report increased investments in new infrastructure and capital projects during the past six months. Despite these glimmers of hope, the impacts of the recession are still hitting local economies hard. More than one in two (51 percent) officials report that residential property values have worsened over the past six months, 44 percent report that commercial property values have worsened, and 41 percent report that the demand for survival services, including food banks and shelters, has worsened. In the face of these hardships, municipal bond activity (89 percent reporting no change or improving) and municipal rolling stock (85 percent reporting no change or improving) have remained notably stable in cities across the country. Looking to the future, city officials report that small business development (54 percent), transportation infrastruc- ture (49 percent), education/workforce training (31 percent), and housing and By Christiana McFarland Local Economic Conditions Over the Past Six t00% A - Health of the retail sector E - Commercial property values B - Business permitsdicenses F - Demand for survival services C - New infrastructure/capital projects G - Bond/municipal debt activity D - Residential property values - - Municipal rolling Htock IM Worsened I40 Change 112 iinprowd neighborhood development (25 percent) are the areas most in need of investment to help generate economic growth. When asked about international sources ofgrowth, 83 percent say that expanding trade opportunities and attracting foreign investment are impor- tant to the success of their local economy. The Local Economic Conditions survey is the first in a new series from NLC's Center for Research and Innova- tion. The purpose of the survey series is to provide a parallel track to NLC's 25-year survey on City Fiscal Conditions. 'Our work on city fiscal conditions has shown over the years that there is, approximately, a two-year lag between economic shifts and 'impacts on local revenues," said Chris Hoene, the center's director. "We hope this new survey series will help us better report on and predict changing economic and fiscal circumstances in cities." NLC's design and analysis of the survey included collaboration with researchers at the Maxine Goodman Levin College of Urban Affairs at Cleveland State University and the College of Urban Planning and Public Affairs at the Univer- sity of Illinois at Chicago. The next iteration of the survey is planned for late summer. For the survey, a random sample of 1,100 local officials from different cities across the country was drawn from the NLC database of municipal officials. The survey was e-rnailed to all of the officials in the sample in late January 2011 and responses were collected in February and March. A total of 271 valid responses were received and tabulated, resulting in a 25 percent response rate. With this response rate, it can be expected with a 95 percent degree of confidence (i.e., in 95 out of 100 random sample surveys) that the answers to the survey questions from another random sample of municipal officials would be within 5.1 percent- age points (+/- 5.1 percent) of the results of this survey. For more information about the survey, contact Christiana McFarland using the contact information below, Christiana McFarland is program director of finance and economic development with the National League of Cities' Cen:erfor Research and Innovation, Phone: (202) 626-3036, E-mail: mcfarland@nlc org, -Auc,usr 2011 MINNESOTA CITIES J 3 1 4 Economic Development and Data Practices ■s any cities offer financial incentives to attract and retain businesses - - within their communities. As part of the application process, -; cities can collect a tremendovs amount of information, some rather sensitive, about those seeking assistance, The businesses providing that information often expect the city to keep the information private. However, the business owner doesn't get to decide what's considered private. In most cases, neither does the city because state law outlines what information is private and what is public. Data Practices Act. The Minnesota Government Data Practices Act (MGDPA) is a series of state laws intended to balance the public's right to know what their government is doing; individuals' right to privacy regarding government data created and maintained about them; and the government's need to function responsibly and efficiently. All cities must comply with the MGDPA, as do other city -related entities such as economic development authorities (EDAs), housing and redevelopment authorities (HRAs), and port authorities, The MGDPA establishes a presump- tion that government data is publicunless there is a federal law, a state statute, or a temporary classification that specifically classifies that type of data as "not public." Therefore, most of the records and • other information maintained by cities are accessible by anyone for any reason. However, there are a few exceptions that may apply. to the materials collected through an economic development program. Either way, it is important for city staff to make these distinctions clear before someone applies for assistance. Data about assistance requested. The following types of information, when submitted to a government entity by a business requesting financial assistance (or other benefit financed by public funds), is considered not public data: By Scott M. Kelly • Financial information about the business (including credit reports). • Financial statements. • Net worth calculations, • Business plans. • Income and expense projections, • Balance sheets. • Customer lists. • Income tax returns. • 'Design, market, and feasibility studies • that are not paid for with public funds. Any other information provided in support of the request for assistance is presumed to be public data. Data about assistance received. When a business receives assistance (or other benefits), only the following informa- tion remains not public: • Business plans. • Income and expense projections (that are not related to the assistance provided), • Customer lists. • Income tax returns. • Design, market, and feasibility studies, not paid for with public funds. If an applicant does not receive assistance or benefits, all of the data classified not public when the assistance was requested will remain not public. Copyrighted documents. Cities often receive documents protected by the Federal Copyright Act. For example, a company looking to expand its opera- tions may include copyrighted blue- prints as part of its application for financial assistance. Since individuals may generally inspect and receive copies of public government data, city officials worry about the possible consequences when the data requested is copyrighted. Although the data may be public, the city should not release copyrighted data without permission, as that release could infringe on the copyright owner's rights. Inspection of copyrighted data may be permissible, but copying (at least without the owner's permission) is not. Trade secrets. A "trade secret" is data that is supplied by an individual or organization that has made reasonable efforts to maintain the secrecy of the data.The data is considered to have independent economic value because it is not generally known by others who could profit from its disclosure. Trade secrets may include formulas, patterns, compilations, programs, devices, naeffiods, techniques, and processes. Trade secrets may be classified as not public data, but this determination needs to be applied narrowly, on a case -by -case basis.The city bears the burden of proving that the data at issue is, in fact, a trade secret. Security information. Security information is government data that, if disclosed, would be likely to substan- tially jeopardize the security of infor- mation, possessions, individuals, or property against theft, tampering, improper use, illegal disclosure, trespass, or physical injury. What it means to "substantially jeopardize" security is not clearly defined and as a result, cities do have some discretion in making the determi- nation.As a general rule, when deter- mining whether to withhold data under the security exception, city officials cannot rely on a general security risk, but rather must know of a specific risk to n a specific individual or business, This must be done on a case -by -case basis and the city must document and be able to support its position. The MGDPA and its impact on city operations is discussed in greater detail in the League of Minnesota Cities information memo, Data Practices: Analyze, Classy & Respond, available at wwwdme.org/nredia/document/1/ datapractices,pdf Scott Kelly is a sta ey with the League of Minnesota Cities, Phone: (651) 281-1224. E-rnail: skelly@lnic.org. LY-AUGUST 2011 MINNESPTA CITIES 19 New Police/Fire Staffing Challenges Staffing issues in police and fire departments have never been easy. And, it's a good bet they're about to get even harder with an aging population and the challenges of a new generation of workers. If your department has not already started to see the effects of these demographic trends, odds are good that you will see them in the very near future. Minnesota, like most of the nation, is "going gray." According to the Minne- sota Department of Human Services (DHS), one out of every four Minneso- tans (1.2 million people) will be over age 65 by 2030. According to the DHS, this "senior boom" will fuel the market for senior goods and services, and will produce the largest group ever of healthy active older persons with the time and energy to pursue leisure activities, volunteer opportunities, and work.This generation of seniors will also take time to "provide comfort, tell a story, and bind us together." That's the good news. Here's the bad news.While the next generation of retirees will likely be healthier and more active than ever before, they will still have needs that are likely to strain the services provided by police and fire departments. For example, they are likely to have more medical emergencies. Often, these emergencies will be relatively minor such as some- one has fallen and needs help getting back into bed.The city will have to decide the best method and the best staffing to safely handle these types of calls while still keeping department and city budgets balanced. Aging workers. To add a second layer of complexity, keep in mind that your p olice and fire workforce will be aging too. Some cities have already seen a significant segment of their employee population retire; others anticipate it happening in the next few years. Statistics tell us that the public sector is older than the private sector, so we By Rob Boe and Laura Kushner are likely to lose more of our workforce faster than the private sector, This could cause a significant "experience drain," and cities will need to rely on the next two generations of workers to staff city departments and move into leadership roles. These two generations are Genera- tion X (born between 1965 and 1977) and the Millennials (born between 1978 and 2000), The next generation, How will these upcoming generations affect public safety departments? The first thing to consider is the different ways of viewing work and careers. Baby Boomers (born between 1946 and 1964) are often viewed as workaholics with a "do - whatever -it -takes" mentality.The next two generations tend to view work somewhat differently. Their view is not necessarily wrong —it's just different. Generation Xer's are more likely to question the purpose of a task, and whether or not it is really necessary. Millennials don't want to waste time working for an employer that doesn't help them fulfill their career goals. Both generations have a strong inclination to balance their work and personal lives and will seek jobs that allow for such balance, Let's apply these views to your typical fire call. Over time, the number of actual fires has decreased substantially as more stringent fire and building codes have been enacted, and prevention efforts have improved. Most "fire calls" today are actually for a medical issue or may even be a false alarm. When the dispatcher puts out the call, the Generation Xer may wonder, "Am I really needed at this call or is my time better spent helping my child do homework?"The Millennial may be wondering, "Will this call provide me with any significant training opportunity, or will 1 just have to wash the truck again?" Perhaps the time is better spent volunteering at the soup kitchen where he or she gets to lead a team of workers. Retaining younger workers. Is there anything we can do to make sure this new generation of workers is recruited, engaged, and productive in the city workforce?Yes, but it won't be easy and it will involve some creative thinking. One option might be accorru-nodat- ing firefighters with family obligations by reducing the number of required calls per month in exchange for additional scheduled work (e.g., duty crews, inspections, or station mainte- nance),This scheduled work could free up some ongoing responsibilities for those who have more flexible schedules and can respond to more calls. Or, how about a system whereby certain fire- fighters are only required to respond during certain days of the month? In terms of professional growth needs, consider ways the city can give appro- priate feedback to the next two genera- tions to reinforce that they are wanted and needed in public safety jobs, Could police departments consider "growth assignments" that allow police officers to learn new skills? These could include short-term assignments to assist other city departments —technology, finance, building inspections, administration — or even to help other cities or govern- ment agencies. Could supervisors ask during an annual performance evalua- tion,"What policy or scheduling changes could we make that would help keep you inteiested in working here?" While the future is uncertain, change is inevitable.The departments that start looking to the future instead of fighting it will be the ones that make the smoothest transitions. Rob Boe is public scfety project coordinator with the League of Minnesota Cities. Phone: (651) 281-1238. E-mail: rboe@ imc.org. Laura Kushner is human resources director with the League of Minnesota Cities. Phone: (651) 281-1203. E-mail: lkushner@lrnc,org. JULY-AUGUST 2011 MtNNEsoTA CITIES 21 City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota August 9, 2011 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston Emmons, Park Pearson Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. ACCEPT MINUTES: 1, Accept July 19, 2011 City Council Minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes, . CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. Renewal of Lease Agreement Regional for Lake Elmo Arts Center 4. Authorization Animal Control Service Joint Powers Agreement w/Washington County Sheriff's Office 5. Approval of Carpet Cleaning Services for City Hall and Fire Hall 6. Consideration of Adoption of Medical Restrictions Policy . REGULAR AGENDA: 7. Adopt Bureau of Criminal Apprehension's (BCA) new Master Joint Powers Agreement; Resolution No. 2011-030 8. Second Quarter 2011 Financial Report 9. Minnesota Blue Star Award Program — Receipt and Presentation of Award to the City, Resolution No, 2011-31 10, Update on "No Wake Zone" Provisions on Area Lakes 11, No Parking Signs on Marquess Avenue by Carriage Station Park; Ordinance No. 08-052 12. Hotel/Motel Water Rates -Discussion & Proposed Ordinance No. 08-050 13, Update on Municipal Library Services 14, Stop Sign located at South West Corner of 47th Street and Kimbro; Ordinance No. 08-053 K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • City Engineer • Planning Director L. Adjourn " A social gathering may or may not be held at the Lake Elmo Inn following the meeting " City of Lake Elmo City Council Meeting Minutes July 19, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson and Smith Also Present: Administrator Messelt, Attorney Snyder, City Engineer Bohrer, Planner Matzek, Fire Chief Malmquist, Joe Rigdon, KDV, and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to Approve the July 19, 2011 City Council Agenda as amended by moving Item 411 before meeting minutes and add Item 10,5 Welcome Monument sign. Council Member Park seconded the motion. The motion passed 5-0. ACCEPTED MINUTES: The July 5, 2011 City Council minutes were accepted as amended by consensus of the City Council. PUBLIC COMMENTS: None CONSENT AGENDA: MOTION: Council Member Emmons moved to approve Agenda Items 2-10 with the exception of Item 9 as presented on the Consent Agenda, Council Member Pearson seconded the motion. The motion passed 5-0. (Council Member Pearson abstained on Agenda Items 6, 7, and 8-Electrical Inspections) Approve payment of disbursements and payroll in the amount of 225,848.80 Authorize Partial Payment No. 1 in the amount of $69,076,00 to be paid from the Street Maintenance Fund for the 2011 Seal Coat Project Accept the work for the 2010 Street and Water Quality Improvement Project and authorize payment No. 4 (Final) in the amount of $23,965.29 to T.A. Schifsky and Sons, Inc. to be paid from the Project Fund for the 2010 Street and Water Quality Improvements Project Authorize Partial Payment No. 1 in the amount of $159,318.32 to be paid to Hardrives, Inc, from the Project Fund for the 2011 Street and Water Quality Improvements Project Adopt Ordinance No. 08-048, An Ordinance amending Chapter 151 by adding the Minnesota Electrical Act to the Lake Elmo City Code LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 Adopt Electrical Inspection Services Agreement with Joseph Wheaton, Wheaton Inspections, as presented Adopt Ordinance No. 08-049 amending 2011 to include Fee Schedule for Electrical Inspections Approve selection of Focus Engineering for City Engineering Services REGULAR AGENDA: Recognition of James Sachs for over 30 Years of Service The City Council recognized James Sachs for his over 30 years of service to the community and the Lake Elmo Fire Department, Over the span of his career, Jim held the positions of Firefighter, Captain and Assistant Chief. 2010 Audit Presentation Steve McDonald from Abdo, Eick and Meyers presented the 2010 Annual Financial Report with a management letter. MOTION: Council Member Pearson moved to accept the 2010 Year End Financial Report, Council Member Park seconded the motion. The motion passed 5-0. Variance to allow accessory building at 9940 59th Street Court N. This item was moved from the Consent Agenda for clarification from Planner Matzek, MOTION: Council Member Pearson moved to approve 2011-026 approving the requested variance to allow an accessory building over 500 sq.ft, to be built as proposed at 9940 59th Street Court N, with internal flood -proofing techniques. Council Member Park seconded the motion. The motion passed 5-0. Welcome Monument on Keats Avenue The City Council received a response to a query regarding Keats Avenue Welcome Monument Budget. The current project budget is $28,000. Council Member Smith requested the City Council meeting date when Council gave approval to spend approximately S30,000. Appeal Hearing on Denial of a Fence Permit Application for a Proposed 6' High Solid Fence in the Side Yard of the property at 12418 Marquess Way N. The City Council, acting as the Board of Appeals, was requested to determine whether Staff's interpretation of the City Code related to the applicant's proposed fence construction at 12418 Marquess Way North is in conformance with the existing regulations, as written. The property owners, Robert and Jodi Konop, have requested to build a solid 6' high fence around the perimeter of his rear yard. LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 2 Mayor Johnston acknowledged receiving additional letters supporting Mr, Konop's variance application. MOTION: Council Member Smith: moved to cifflrni the appeal by adopting Resolution No 2011-027 approving a fence permit to allow a solid, six foot high fence along the side property lines adjacent to other residential properties at 12418 Marquess Way N. Council Member Park seconded the motion. The motion passed 3-2 (Council Members Emmons and Pearson voting against) Request to extend the deadline for submission of a Preliminary Development Plan related to a Senior Livina/Farm School development at 9434 Stillwater Boulevard The City Council considered a request by Tammy Malmquist, 8549 Ironwood Trail N., for an extension to the deadline required to submit an application for a Preliminary Development Plan related to a Senior Living/Farm School project at 9434 Ironwood Trail N. Mrs, Malmquist has requested an extension of one additional year from the date of the concept plan approval. The City Council approved the concept plans for a Planned Unit Development (PUD) and OP -Open Space Conservation Development on July 20, 2010. The City Code requires the submissions of a Preliminary Development plan within one year of this date in order for the approved plan to remain valid. Ed Nielsen, 9498 Stillwater Blvd, submitted comments and concerns with the proposal. Larry Weiss, 9302 Stillwater Blvd,, polled the neighborhood and found they were all against the large building being obtrusive to the county landscape. Susan Hansen, 9349 Stillwater Blvd., stated the senior living is a good idea, but not a good location along Hwy 5 for seniors with dementia, Tammy Malmquist responded the size of the building cannot be determined until the sizes of units have been determined, She has a purchase agreement on the land, has buyers, and is exploring all financial options, Attorney Snyder pointed out the request is to approve an extension, not the project. The City Council will decide the merits of the preliminary development plan when submitted, MOTION: Council Member Park moved to approve a request to extend the deadline for submission of Preliminary Development Plan for the PUD/OP Development related to senior living/farm school project at 9434 Stillwater Boulevard North from July 20, 2011 until July 20, 2012, Council Member Smith seconded the motion, The motion passed 3-2 (Council Members Emmons and Pearson voting against.) LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 Accessory Building Variance — 5761 Keats Avenue The City Council considered a variance required from Steve and Joan Zieitnan, 5761 Keats Avenue, to allow the construction of a second 2,400 sq,ft. accessory building on their property. The proposed building would be used to house equipment related to the growing and selling of agricultural products. A variance has been requested because the applicants already have built a 2,310 sq.ft, building on their property, and the RR — Rural Residential Zoning District only allows one such accessory building on their property. The Planning Commission recommended approval of the variance request with two conditions of approval. Rod Sessing, 5699 Keats Avenue, stated his property is part of the Ziertman farm. He has grown pumpkins since 1997 and plans on getting back into farming. He said he had to cut back because of storage problems„. had equipment in the building and sitting outside, He would like the Council to open to all property owners with 10.7 acres the ability to construct an additional accessory building. Doug Lovitt , 9940 59th St. Court N., has a small produce farm and sees the need for more barn space. MOTION: Council Member Smith moved to adopt Resolution Number 2011-028 A Resolution approving a variance to allow the construction of a new 2,400 suet. Accessory building at 5761 Keats Avenue in addition to an existing 2,310 sq.ft. building in a Rural Residential Zoning District. Council Member Park seconded the motion. The motion passed 3-2 (Council Member Emmons and Pearson voting against.) MOTION: Council Member Emmons moved to direct staff to add the review of the ordinance relative to this question at a workshop for prioritization on the Planning Commission work plan. Council Member Pearson seconded the motion. The motion passed 5-0. Hotel/Motel Water Rates — Discussion and Proposed Ordinance No. 08-51 The City Council received an update on efforts to address issues related to water service to the Wildwood Lodge. Lake Elmo staff met with the Wildwood Lodge staff to discuss the history of billing and review of the infrastructure and water meters. Cathy Bendel, C&J Consulting, provided additional information which the Wildwood Lodge staff requested more time for review, A decision on hotel/motel water rates will be added to the next City Council agenda. Update Re: Library Service Consideration This item was scheduled at the request of the City Council in order to update the Council and public on efforts to retain and enhance library services for the Lake Elmo community. Administrator Messelt reported that all four boutique libraries will most likely close by January 2012. Attorney Snyder addressed questions regarding the City establishing their own library and authorizing a library levy. LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 4 MOTION; Mayor Johnston moved to adopt Resolution No, 2011-029, A Resolution Establishing a Public Library System, Authorizing A Library Levy and Establishing a Public Library Board for the City °flake Elmo. Council Member Pearson seconded the motion. The motion passed 5-0. Ordinance Extendinu No Wake Requirements The City Council considered potential modifications to City Ordinance Section 97.21 (B) governing operation of motor craft above "no wake" speeds on area lakes. Given recent high water conditions, some area residents are requesting imposition of "no wake" provisions, until such time as water levels recede. In addition, the City Council was asked to consider an additional ordinance change to all the City area lakes to establish certain deviations from the standard "no wake" provisions, by Resolution, for special events and other circumstances. The City Attorney added language to allow for better enforcement of such provisions. "No Wake" signs will be erected. The Washington County Sheriff's Department has also been consulted regarding enforcement of such regulations. MOTION; Mayor Johnston moved to adopt Ordinance No. 08-050, An Ordinance To Allow the City Council To Extend The "No Wake" Requirements Under the Water Surface Use Ordinance, Council Member Park seconded the motion. The motion passed 5-0. The Council adjourned the meeting at 11:05 p.m. Respectfully submitted by Sharon Lunriby, City Clerk LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 5 CITY OF LAKE EL MO AYOR & COUNCIL COMMUNICATION DATE: 08/09/2011 CONSENT ITEM #: 2 MOTION as part of Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of $ 367,662.53 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Mministrato REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of S367,662.53 No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. ACH 6,836,84 Payroll Taxes to IRS 07/28/2011 ACH 1,237.50 Payroll Taxes to MN Dept. of Revenue 07/28/2011 ACH $ 3,848.89 Payroll Retirement to PERA 07/28/2011 37315 —37337 $ 25,135.03 Payroll Dated 07/28/2011 37338 —37400 S 330,604.27 Accounts Payable Dated 08/09/2011 -- page 1 -- City Council Meeting Approval of Disbursements August 9th, 2011 Consent Agenda item #2 STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of $367,662.53 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the August 09, 2011, Disbursements, as Presented [and modjfied] herein." ATTACHMENTS: 1. Accounts Payable Dated 08/09/2011 SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff ........................ „.,.....Mayor Facilitates Call for Motion ............... ........... ..... Mayor & City Council Discussion,....,..„„........ ..... .......... ........ ....... Mayor & City Council Action on Motion.......„.... ....... . ..... ......... .............. ,....,..Mayor Facilitates page 2 -- Accounts Payable To Be Paid Proof List User: Administrator Printed: 08/04/2011 - 2:22 PM Batch: 004-07-2011 Invoice # Inv Date ABDO Abdo Eick & Meyers, LLP 281816 06/30/2011 101-410-1520-43010 Audit Services 231316 Total: ABDO Total: Aram& Qoantity Pint Date Description Reference Task Type PO # Close POLine # 7,085.00 0.00 08/09/2011 Final Prot for Audit & State Andit forms 7,085.00 7,085.00 No 0000 ACEHARD Acc Hardware, Inc 10551 07/27/2011 17.19 0.00 08/09/2011 Glass & Fastners No 0000 101 -430-3 100 4'1030 Repairs/Maint lmp Not Bldgs 10551 Total: 17.19 ACEHARD Total: 17.19 ADVGR Advanced Craphix, Inc. 183839 07/1912011 106.88 0.00 08/09/2011 Replace vehicle ID markings - No 0000 101-420-2220-44040 Repairs/Maint Eqpt 183339 Total: 106.88 ADVGR Total: 106.88 AMEM AMEM 2011-000166 07/18a011 185.00 0.00 08/09/2011 Conference Registration No 0000 101-420-2220-44370 Conferences & Training 2011-000166 Total: 185.00 AMEM Total: 185.00 ARAM Atamark, inc. 629-7283860 07/14/2011 21.29 0.00 08/09/2011 Uniforms - No 0000 101-430-3100 14170 Uniforms 629-7283860 Total: 21.29 629-7285651 07(18/201 1 115.33 0.00 08/09/201F LinenCttyHall No 0000 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7285651 Total: 115.38 AP - To Be Paid Proof List (08(0411 - 2:22 PM) Page 1 Invoice # Inv Date 629-7285652 07/01/2011 101-410-1940-44010 Repairs/1vtaint Contractual Bldg 629-7285652 Total: 52.40 629-7288609 07/21/2011 21.29 101-430-3 /00-44170 Uniforms 629-7288609 Total: 21.29 629-1295133 08/01/2011 115.38 101-410-1940-44010 Repairs/Maint Contractual Bldg 629-7295133 Total: 115.38 ARAM Total: 325.74 Amount Quantity P Date Description Reference 52.40 0.00 08/091201 i Linen City Hall Annex 0.00 08/09/2011 Unifotuts 0.00 08/09/201 i Linen City Hall Task Type PO # Close POLine # No 0000 0000 No 0000 Bald Bald Eagle Builders Chk Req 08/01/2011 2,000,00 0.00 08/09/2011 Escrow Return 10325 Tapestry Permit No 0000 803-000-0000-22900 Deposits Payable 7204 Chk Req Total: 2,000.00 Bald Total: 2,000.00 BJFFS Bill's Inc_ 438907 07/27/2011 101-450-5200-44120 Rentals- Buildings 438907 Total: B1FTS Total: BRYAN Bryan Rock Products, Inc. 36384 07/31/2011 101-430-3100-42250 Landscaping Materials 36384 Total: BRYAN Total: 652.89 0.00 08/09/2011 POrtable Rest -rooms No 0000 652.89 652.89 601.03 0.00 08/09/2011 Red Ball Field Aggregate Tana No 0000 601.03 601.03 BUELOW Buelow Excavating 6582 07/18/2011 3,000.00 0.00 08/09/2011 VFW Water Service 404-480-8000-45300 Improvements Other Than Bldg 6582 Total: 3,000.00 BUELOW Total: 3,000.00 C&J CONS C & J Consulting Services, LLP 07-2011 07/30/2011 3,912.50 0.00 08/09/2011 ACcoi.uiting Services - July 2011 101-410-1520-43150 Contract Services 07-2011 TOW: 3,912.50 AP - To Be Paid Proof List (08(04/11 - 2:22 PM) No 0000 No 0000 Page 2 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO Close POLine # C&J CONS Total: 3,912.50 CARDBLDR Cardinal Home Builders, Inc. Chk Rey 08/01/2011 803-000-0000-22900 Deposits Payable Chk Req 08/01/2011 803-000-0000-22900 Deposits Payable Chk Req Total: CARDBLDR Total: CARQ1JEST Car Quest Auto Parts 2055-228513 07/15/2011 I01-430-3120-42210 Equipment Parts 2055-228513 Total: CARQUEST Total: COVERALL Coverall of The Twin Cities 7070168510 08/01/2011 101-410-1940-44010 Repairs/Maint Contractual Bldg 7070168510 Total: COVERALL Total: 1,00.0.00 0.00 08/09/2011 Escrow Return 5673 .lulep Permit 2910 - 1,000.00 0.00 08/09/2011 Escrow Return 5629 Julep Permit 3692 - 2,000.00 2,000.00 325.01 0.00 08/09/2011 Brakes, Dis Cap, rotor, Coil (00-2) 325.01 325.01 321.38 0.00 08/0912011 Cleaning City Hall & Annex 321.38 321.38 No 0000 No 0000 No 0000 No 0000 CTYBAY City of Bayport BLGINSP 7/11 07/2 1 /2011 386.08 0.00 08/09/2011 Bldg Inspector Services - July 2011 No 0000 10I-420-2400-43150 Inspector Contract Setvices BLGINSP 7/11 Total: 386.08 CTYBAY Total: 386.08 CTYBLOOM City of Bloomington 072011 07/29/2011 601-494-9400-42270 Utility System Maintenance 072011 Total: CTYBLOOM Total: 40.00 0.00 08/09/2011- Lab Bacteria Test 40.00 40.00 No 0000 CTYOAKDA City of Oakdale 10000460-01 07/31/2011 1,158.71 0.00 08/09/2011 Water Service - 194 No 0000 601-494-9400-43820 Water Utility I 0000460-01 Total: 1,158.71 201107192816 07/19/2011 358.00 0.00 08/09/2011 Service to CV,CV2 & B I No 0000 101-420-2220 44040 Repairs/Maint Eqpt AP - To Be Paid Proof List (08/04/11 - 2:22 PM) Page 3 Invoice # Inv Date 201107192816 Total: 2011 07262336 07/20/2011 101-420-2220-44040 Repairs/Maint Eqpt 201107262836 Total: CTYOAKDA TOtat David David Scott Builders Chk Req 07/27/201 I 803-000-0000-22900 Deposits Payable Chk Req 07127/2011 803-000-0000-22900 Deposits Payable Chk Req Total: David Total: ECKBERG Eckberg Lamers Briggs Wolff 07 2011 08/03/2011 101-420-2150-43045 Attorney Criminal 07 2011 Total: ECKBERG Total: EMERGAPP Emergency Apparatus Maint. INC 55540 07/14/2011 101-420-2220-44040 Repairs/Maint Eqpt 55540 Total: 55888 07/26/2011 101-420-2220-44040 Repairs/Maint Eqpt 55888 Total: 56117 07114/2011 101-420L2220-44040 Repairs/Maint Eqpt 56117 Total: 56628 07/21/2011 101-420-2220-44040 Repairs/Maint Eqpt 56628 Total: 56653 07/26/20 I I 101-420-2220-44040 Repairs/Maint Eqpt 56653 Total: EMERGAPP Total: FXL FXL, Inc. August 2011 08/0112911 101-410-1320-43100 Assessing Services August 2011 Total: AP - To Be Paid Proof List (03104111 - 2:22 PM) Arnotuit Quantity Prot Pate DeSetiptlint Reference Task Type PO # Close POLine # 358.00 13.58 0.00 08/09/2011 Parts for B I 13.58 1,530.29 2.000.00 0.00 08/09/2011 Escrow Return 3554 Kelvin Permit 6909 1;500.00 0.00 08/09/2011 EsCrOW Return' l 1703 58th St. Pernik 6338 3.500.00 1;500.00 3,753.08 3.753.08 2,714.66 2,714.66 0.00 08/09/2011 Prosecution 0.00 08/09/2011 Repairs to El 283.63 0.00 08/09/2011 Annual Maid. Fire Dept. Ranger 283.63 7,934.61 0.00 08/09/2011 Repairs to El 7.934.61 368.58 0.00 08/09/2011 Repairs to Fire Vehicle El 368.58 151.28 0.00 08/99/2011 Emergency Repairs Fire Vehicle El 151.28 11,452.76 2.000.00 0.00 08/0972011 Assessing Services - August 2011 2.000.00 No 0000 No No No 0000 0000 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Paged Invoice # Inv Date Amount Quantity Pmt Date Description Rfernce Task Type PO # Close POLine # FXL Total: 2,000.00 HACH HACH Company 7330194 07/13/2011 141.01 0.00 08/09/2011 Lab Test Supplies 601-494-9400-42160 Chemicals 7330194 Total: 141.01 7335998 07/18/2011 15.74 0.00 08109/2011 Lab Tests Supplies 601-494-9400-42160 Chemicals 7335998 Total: 15.74 HACH Total: 156.75 HARDDRIV Harddrives, Inc. Cert #1 07/14/2011 159,318.32 0.00 08/09/2011 2011 Street & Water Improvements 418-480-8000-45300 JriiproVenient Other Than Bldgs Cert #1 Total: 159,318.32 HARDDRIV Total: 159,318.32 No 0000 No 0000 0000 HARTMAN Hartman Homes Chk Req 08/03/2011 3,000.00 0.00 08/09/2011 Escrow Return 11050 14th Street Per No 0000 803-000-0000-22900 Deposits Payable 7390 Chk Req Total: 3,000.00 HARTMAN Total: 3,000.00 HAWKINS Hawkins, Inc. 3243348 07/14/2011 601-494-9400-42160 Chemicals 3243348 Total: 3247245 07/26/2011 601-494-9400-42160 Chemicals 3247245 Total: HAWKINS Total: 215.00 0.00 08/09/2011 Chlorine No 0000 215.00 306.20 0.00 08/09/2011 Chlorine No 0000 306.20 521.20 H ILTONGA Hilton Garden Inn 241203 06/17/2011 112.49 0.00 08/09/2011 Minnesota Cities League Conference No 0000 101-410-1320-44370 Conferences & Training 241203 Total: 112.49 HILTONGA Total: 112.49 AP - To Be Paid Proof List (08/04/11 - 2:22 PNI) Page 5 Invoice if Inv Date KDV Kern DeWenter Viere Ltd 131950 07/29/2011 101-410-1520-43150 Contract Services 131950 Total: KDV Totah LEOIL Lake Elmo Oil, Inc, 11793 07/31/2011 101-420-2220-42120 Fuel, Oil and Fluids 11793 Total: LEOIL Total: Lillie Newspapers Inc. Lillie Suburban 007148 07129/2011 101-410-1320-43510 Legal Publishing 007148 Total: Lillie Total: LOFF Loftier Companies, Inc. 1279025 08/01/2011 101-410-1940-44040 Repairsivfaint Contrachial Eqpt 1279025 Total: LOFF Total: LTG PWR L.T.G. Power Equipment 144634 07/13/2011 101-450-5200-42210 Equipment Parts 144634 Total: 144706 07/14/2011 101-450-5200-42210 Equipment Parts 144706 Total: LTG PWR Total: MAINSTR Main Street Builders CHK REQ 07/22/2011 101-410-1320-44370 Conferences & Trainin CHK REQ Total: MAINSTR Total: AP - To Be Paid Proof List (08/04/11 - 2:22 PM) Amount Quantity Prot Date. Description Reference 3,564.00 0.00 08/09/2011 Aecounting Services- July 3,564.00 3,564.00 5.404.93 0.00 08/09/2011 Fuel '-5,404.93 5,404.93 24.38 0.00 08/09/2011 Variance Publication 24.38 24.38 187.21 0.00 08/09/2011 Copy Machines Overage & Base - July 2011 187.21 187,21 256.17 256.17 12.15 12.15 268.32 0.00 08/09/2011 Toro Parts 0.00 08/09/2011 Toro Tube Spanner 5,000.00 0.00 08/09/2011 Escrow Return 10064 Tapestry Rd #7805 5.000.00 5.000.00 Task Type PO # Close POLine # No No No No No No 0000 0000 0000 0000 0000 0000 No 0000 Page 6 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # MARONEYS Maroney's Sanitation, Inc 0000395559 07/29/2011 108.30 0.00 08/09/2011 Waste Removal - Cityhall 101-410-1940-43840 Refuse 0000395559 07/29/2011 47,68 0.00 08/09/2011 Waste Removal- Fire 101-420-2220-43840 Refuse 0000395559 07/29/2011 207.82 0.00 08/09/2011 Waste Removal - Public Works 101-430-3100-43840 Refuse 0000395559 07/29/2011 207.82 0.00 08/09/2011 Waste Removal - Parks 101-450-5200-43340 Refuse 0000395559 Total: 571.62 MARONEYS Total: 571.62 MARVS Marv's Professsional Tools 239312 07/14/2011 8.55 0.00 08/09/2011 Tools 101-430-3100-42400 Small Tools & Minor Equipment 239312 Total: 8.55 239577 07/28/2011 352.60 0.00 08/09/2011 Socket Set- Tools 101-450-5200-42400 Small Tools & Minor Equipment 239577 Total: 352.60 MARVS Total: 361.15 MATZEK Kelli Matzek Replace 08/04/2011 245.00 0.00 08/09/2011 Replace Voided Chk 36920 101-000-0000-21702 State Withholding Replace Total: 245.00 MATZEK Total: 245.00 MENARDSO Menards - Oakdale 94417 07/19/2011 45.00 0.00 08/09/2011 Concrete 603-496-9500-42270 Utility System Maint Supplies 94417 Total: 45.00 99220 08/02/2011 120.60 0.00 08/0 2011 Lumber Bench/Tana & Garbage 101-450-5200-44030 Repairs/Maint Imp Not Bldgs Fasmers 99220 Total: 120.60 MENARDSO Total: 165.60 MENARDST Menards - Stillwater 97867 07/13/2011 4.90 0.00 08/09/2011 Kitchen SupplieS-Fire 101-420-2720-44300 Miscellaneous 97867 07/13/2011 11.46 0.00 08/09/2011 Tools/Hardware-Fire I 01-420-2220-42490 Small_ Tools & Equipment AP - To Be Paid Pmof List (08/04/11 - 2:22 PM) No 0000 No 0000 Na 0000 No 0000 No 0000 No 0000 - No 0000 No 0000 No 0000 No 0000 No 0000 Page 7 Invoice # Inv Date Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 97867 07/13/201i 16.43 0.00 08/09/2011 Ground Maint. - Fire - No 0000 101-420-2220-44010 Repairs/Maint Bldg 97867 Total: 32.79 99746 07/20/2011 -5.86 0.00 08/0912011 Refund No 0000 101-420-2220-42400 Small Tools & Equipment 99746 Total: -5.86 99754 07/20/2011 6.18 0.00 08;09/2011 Kitchen Supplies - No 0000 101-420-2220-44300 tvlIsiellaneous 99754 Total: & 18 MENARDST Total: 33.11 MES Municipal Emergency Services '00253147SNV 07/25/2011 - 327.84 0.00 08/09/2011 Nomex Goggle Sleeves -Fire - No 0000 101-420-2220-42400 Small Tools & Equipment 00253147_SNV Total: 327.84 MES Total: 327,84 METCOU Metropolitan Council 0000967012 08102/2011 1,282,98 0.00 08/09/2011 Monthly Waste Water Service - No 0000 602-495-9450-43820 Sewer Utility - Met Council September 0000967012 Total: 1,28198 METCOU Total: 1,282.98 METROFIR Metro Fire 41648 07/28/2011 225.00 0.00 08/09/2011 Fire Dept. Foam No 0000 101-420-2220-42400 Small Tools & Equipment 41648 Total: 225.00 IVIETROFIR Total: 225.00 MICHAEL Michael Lee Inc. CHK REQ BLDG 07126/2011 3;000.00 0.00 08/09/201i Escrow Rettirri 2966 jonquil #7568 - No 0000 803-000-0000-22900 Deposits Payable CHK REQ BLDG 07/26/2011 3,000-00 0.00 08/09/2011 Escrow Return 2992 Jonquil #7721 - No 0000 803-000-0000-22900 Deposits Payable CHK REQ BLDG Total: 6,000.00 MICHAEL Total: 6,000.00 NATREPRO National Reprographics, LLC 72737 07111/2011 79.49 0.00 08/09/2011 Printing = Sunfish Lake Management 101-450-5200-44300 Miscellaneous Plan 72737 Total: 79.49 AP -To Be Paid Proof List (08/04/11 - 2:22 PM) No 0000 Page 8 Invoice # Inv Date NATREPRO Total: NEXTEL Nextel Communications 761950227-100 07/14/2011 101-410-1940-43210 Telephtme 761950227-100 07/14/2011 101-420-2220-43210 Telephone 761950227-100 07/14r2011 101-420-2400-43210 Telephone 761950227-100 07/14/2011 101-430-310043210 Telephone 761950227-100 07/14/2011 101-450-5200-4321 0 Telephone 761950227-100 07/14/2011 101-410-1940-43210 Telephone 761950227-100 Total: NEXTEL Total: NORD Nordquist Sign Company Inc 1409 04/08/2011 703-480-8000-45300 Improvements other than Bldg 1409 Total: NORD Total: OAKDRC Oakdale Rental Center 10077648 07/19/2011 101-430-3100-42240 Street Maintenance Materials 10077648 Total: OAKDRC Total: ONECALL Gopher State One Call 16379 08/01/2011 101-430-3100-43150 Contract Services 16379 Total: ONECALL Total: OSWALD Oswald Hose & Adapters 11030 07/13/201 I 101-420-2220-44040 Repairs/Main t Eqpt 11030 Total: AP - To Be Paid Proof List (08iO4/11 - 2:22 PM) Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 79.49 17.95 0.00 08/09/2011 Cell Phone Service - Administration 124.01 0.00 08/09/2011 Cell Phone Service - Fire Dept 17.52 0.00 08/09/2011 Cell ?hone Service - Building Dept 35.04 0.00 08/09/2011 Cell Phone Service - Public Works Dept 102164 0.00 08/09/2011 Cell Phone Service - Parks Dept -41.97 0.00 08/09/2011 Credit 255.19 255.19 295.00 0.00 08/09/2011 Keats Signs 295.00 295.00 73.73 0.00 08/09/2011 Propane - Patching Trailer 73.73 73.73 191L60 0.00 08/09/2011 Line Locates - July 194.60 194.60 10.50 0.00 08/09/2011 Repair Hose 10.50 No 0000 No 0000 No 0000 No 0000 No 0000 0000 No No Nu No 0000 0000 0000 0000 Pagc 9 Invoice # iiiv Da te Ainbunt QuantityPint Date Description R6fereiic Task Type PO # Close POLine # OSWALD Total: 10.50 PEARSON Pearson Bros, Inc. Cert #1 07/14/2011 65.622.20 0.00 08/09/2011 2011 Seal Coat Project No 0000 409-430-8000-45300 improvements Other Than Bides Cert #1 Total: 65.622.20 PEARSON Total: 65,622.20 PITNEYRE Reserve Account Pitney Bowes 07/25/20E1 07/25/2011 500.00 0.00 08109/2011 Postage No 0000 101-41(1-1320-43220 Postage 07125/-2011 Total; 500.00 PITNEYRE Total; 500.00 PITNEYSU Pitney Bowes Supplies 424873 07/30/2011 131.10 0.00 08/09/2011 lnk Cart. PostageMachme No 0000 101-41U-1320-42000 Office Supplies 424873 Total: 131.10 PITNEYSU Total: 131.10 PRESSA Anastasia Press 07/19/2011 07/19/2011 82.50 0:00 08/09/2011 7/19/11 CC Meeting & Workshop No 0000 101-410-1450-43620 Cable Operations 07/19/2011 Total: 82.50 PRESSA Total: 82,50 ROGERS Rogers Printing Services. Corp 17991 07/1412011 101-410-1320-42030 Printed Forms 17991 Total: ROGERS Total: RUNK Aaron Runk Chk Req 08/03/2011 803-000-0000-22900 Deposits Payab[e Chk Req Total: RUNK Total: AP - To Be Paid Proof List (08/04111 - 2:22 PM) 53.44 0.00 08709/2011 Letterhead for water coliform notice 53.44 53.44 3,000:00 0.00 08/0912011 EScroW Return 9497 June Rd Permit 7518 3,000.00 3,000.00 No 0000 No 0000 Page 10 Invoice Inv Date S&T S&T Office Products, Inc. 010R5167 07/13/2011 101-410-1320-42000 Office Supplies 010R5167 Total: S&T Total: SAMSCLUB Sam's Club 840363120092538 07/29/2011 101-420-2220 44300 Miscellaneous 840363120092538 07/29/2011 101-410-1320-42000 Office Supplies 840363120092538 Total: SAMSCLUB Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # 104.24 0.00 08109/2011 Office StipplieS 104.24 104.24 38.36 0.00 08/09/2011 Water/Coffee Decanters for Coffee Maker 127.37 0.00 08/09/2011 Office Supplies & Trash Bags 165.73 165.73 TASCH T.A. Schifsky & Sons Inc 51644 07/12/2011 125.80 101-430-3120-42240 Street Maintenance Materials 51644 Total: 125.80 51692 07/20/2011 503.20 10 I -430-3120-42240 Street Maintenance Materials 51692 Total: 503.20 51730 07/26/2011 252_88 101-430-3120-42240 Street Maintenance Materials 51730 Total: 252.88 Pay Cert 4F 07/13/2011 23,965.29 4 7-4g)-8000-45300 Improvements Other Than Bldgs Pay Cert 4F Total: 23,965.29 TASCH Total: 24,847.17 TESSMAN Tess -man Company Corp 5146980-1N 07/27/2011 101-450-5200-42160 Chemicals S146980-1N Total: TESSMAN Total: VFBA Benefit Asscoiation Volunteer Fire 07/2612011 07/26/2011 101-420-2220-44330 Dues & Subscriptions 07/26/2011 Total: VFBA Total: 224.44 224.44 224.44 296.00 296.00 296.00 0.00 08/09/2011 Asphalt 0,00 08/09/2011 Asphalt 0.0f/ 08/09/2011 Asphalt 0.00 08/09/2011 2010 Final Pay Street Improvements 0,00 08/09/2011 Herbicide 0.00 08/09/2011 Renewals No No No No No NO No No No 0000 0000 0000 0000 0000 0000 0000 0000 0000 AP - To Be Paid Proof List (08i0411- 2:22 PM) Page 11 Invoice # Inv Date WAS -PH Washington County 08042011 08/04/2011 201 450-5200-44300 Miscellaneous 08042011 Total: WAS -PH Total; WASHCONS Washington Conservation Dist. 2157 06/20/2011 603-496-9500-44370 Conferences & Training 2157 Total; 2166 06/30/2011 603-496-9500-44370 Conferences & Training 2166 Total: WASHCONS Total: WINNICK Winnick Supply 218058 07/29/2011 603-496-9500-42270 Utility System Maint Supplies 218058 Total: W1NNICK Total: XCEL Xcel Energy 51-0117417 101-430-3160-43810 51-4572945-7 101-430-3160-43810 51-4576456-3 101-420-2220-43810 51-4580376-5 101-410-1940-43810 51-4580376-5 101-430-3160-43810 51-4733556-8 101-450-5200-43810 51-5044219-0 101-450-5200-43810 07/22/2011 Street Lighting 51-0117417 Total: 07/22/2011 Street Lighting 51-4572945-7 Total: 07/22/2011 Electric Utility 51-4576456-3 Total: 07/29/2011 Electric Utility 07/29/2011 Street Lighting 51-4580376-5 Total: 07/22/2011 Electric Utility 51-4733556-18 Tetal: 07(22/2011 Electric Utility 51-5044219-0 Total: AP - To Be Paid Proof List (08/04/11 - 2:22 PM) 10.18 4171 42,71 926,44 Amotint Quantity Pint Date Description Reference Task Type PO ft Close PC/Line # 148.00 0.00 08/0912011 Food Stand Lic Fall Festival Reimburse 148.00 148.00 954.15 0.00 08/09/2011 Rain Garden Materials 954.15 535.50 0.00 08/09/2011 2nd Qb- - Shared Educator Program 535.50 1,489.65 71.19 0.00 08/09/2011 Culvert & Band 71.19 71.19 36:16 0.00 08/09/2011 Sign -Keats 36.16 27.73 0:00 08/09/2011 Street Light 27.73 416.05 0.00 08/09/2011 Gas & Electric -Fire Station 2 416.05 894.71 0.00 08(09/2011 Gas & Electric City Hall 31.73 0.00 08/09/2011 Traffic Lights- Keats 10.18 0.00 08/09/2011 Laverne Tennis Court 0.00 08/09/2011 Parks Building No 0000 No No 0000 0000 No 0000 No No No No No No No 0000 0000 0000 0000 0000 0000 0000 Page 12 Invoice # Inv Date 51-5275289-3 07/22/2011 I 01-450-5200-43810 Electric Utility 51-5275289-3 Total: 51-5522332-2 07/27/2011 I0I-430-3160-43810 Street Lighting 51-5522332-2 Total: 51-5747685-4 07/22/2011 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 51-5916043-7 07/2.2/2011 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 51-6429583-8 07/22/2011 602-495-9450-43810 Electric Utility 51-6429583-8 Total: 51-6433976-2 07/22/2011 101-420-2220-43810 Electric utility 51-6433976-2 Total: 51-6625457-1 07/22/2011 101-450-5200-43810 Electric Utility 51-6625457-1 Total: 51-6928283-3 07/2.2/2011 101-430-3160-43810 Street Lighting 51-6928283-3 Total: 51-7538112-1 07/22/2011 101-430-3100-43810 Electric Utility 51-7538112-1 Total: 51-8126093-5 07/22/2011 601-494-9400-43810 Electric Utility 51-8126093-5 Total: 51-8711719-3 07/22/2011 101-430-3160-43810 Street Lighting 51-871 1719-3 Total: XCEL. Total: Amount Quantity Prnt Date Description Reference Task Type • PO # Close POLine # 9.95 0.00 08/09/2011 Pebble Park - No 0000 9.95 41.12 0.00 08/09/2011 Traffic L,ights-Inwooci No 0000 41.12 129.74 0.00 08/09/2011 Art Center No 0000 129.74 16.19 0,00 08/09/201 1 34th Street Lift Station No 0000 16.19 15.49 0.00 08/09,2011 Legion Lift Station No 0000 I 5A9 413.36 0.00 08/0912011 Us & Electric -Fire Station I No 0000 413.36 31.25 0.00 08/09/2011 Legion Park No 0000 31.25 29.70 0.00 08/09/2011 Light Manning & Stillwater Blvd No 0000 29.70 492.83 0.00 08/09/2011 Public Works No 0000 492.83 18.98 0.00 08/09/2011 Water Tower 2 No 0000 18.98 10.78 0.00 08/09/2011 Speed Sign Hwy 5 No 0000 10,78 2,668.66 YOCUM Yocum Oil Company, Inc. 203034 07/19/2011 160.69 0.00 08/09/2011 Bulk Oil Tanks No 0000 101-430-3100-44010 Repairs/Maint Bldg 203034 Total: 160.69 YOCUM Total: 160.69 ZACK Zack's. Inc. 26996 07/13/2011 166.02 0.00 08/09/2011 Shop Supplies No 0000 101-430-3100-42150 Shop Materials AP To Be Paid Proof List (08/(14/11 - 2:22 PM) Page 13 invoice # Inv Date Amount Quantity Pmt Date Description Reference 26996 Total: 166.02 ZACK Total: 166.02 Report Total: 330,604.27 AP - To Be Paid Proof List (08/04/11 - 2:22 PM) Task Type PO # Close POLine # Page 14 CIYVOF LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: CONSENT ITEM #: MOTION 8/09/2011 AGENDA ITEM: Renewal of Lease Agreement for Lake Elmo Arts Center at 3585 Laverne Avenue North SUBMITTED BY: Kelli Matzek, Planner THROUGH: Bruce Messelt, City Administrato REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider renewal of a Premises Lease Agreement with the Lake Elmo Art Center at 3585 Laverne Avenue North. For the last five years, the Lake Elmo Arts Center has leased the former dwelling and detached garage space. The lease agreement expires on August 9th of 2011. The proposed lease would allow the Lake Elmo Art Center to continue to lease the main floor of the residential dwelling and detached garage. Minor changes are proposed to the agreement as outlined in the "Staff Report" section of this communication. The agreement would be for one year with the ability to renew. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo purchased the property at 3585 Laverne Avenue North in September of 2004. From 2004 to 2005, it appears as though the Friends of the Library used the building to store books. The Ramsey Center for Arts received a lease for this building from August 2005 to August 2006. In August of 2006, the City Council approved a Premises Lease Agreement for the Lake Elmo Regional Art Center to lease the main floor of the dwelling and the accessory building for five years, terminating on August 9th, 2011. STAFF REPORT: The proposed lease agreement is very similar to that of the original agreement signed previously by the Lake Elmo Art Center. Two changes are recommended to potentially accommodate City (and, hopefully, Arts Center) opportunities to consider future co - location with either a municipal or County branch library/reading room. The proposed changes to accomplish this are noted as follows: -- page 1 -- City Council Meeting August 9th, 2011 Lease Agreement for Lake Elmo Art Center Consent Agenda Item # 3 1. The agreement would be for one (1) year and would expire on August 9th, 2012. The past agreement was for five years. 2, Additional language was added to allow a library or reading room in conjunction with the Lake Elmo Arts Center within that building. Of Note: These proposed changes have NOT been discussed in full with the Arts Center, due in large part to summer work and vacation schedules. Discussion is anticipated to be completed by August 5th, 2011 and the results of which will be reported to the Council at tonight's meeting. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council approve the Premises Lease Agreement for the Lake Elmo Art Center. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve a Premises Lease Agreement with the Lake Elmo Arts Center at 3585 Laverne Avenue North [as directed/amended at tonight's meeting]." ATTACHMENTS: 1. Premises Lease Agreement (w/ proposed changes) SUGGESTED ORDER OF BUSINESS: Introduction of ltem/Bri ef Report Planning Director Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate..., Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor Facilitates Action on Motion ................... ....„ ........ Mayor & City Council page 2 -- PREMISES LEASE AGREEMENT This Premises Lease Agreement (the "Lease") is made and entered into this 9th day of August, 2006, by and between CITY OF LAKE ELMO, a Minnesota statutory city (the "Lessor"), and LAKE ELMO REGIONAL ART CENTER, a Minnesota non-profit corporation (the "Tenant"). WITNESSETH In consideration of the mutual covenants hereinafter set forth, Lessor hereby leases to Tenant, and the Tenant leases from Lessor, the premises hereinafter described, for the period, at the rental, and upon the terms and conditions hereinafter set forth: 1. Lease of Premises. Tenant hereby leases from Lessor that certain space (herein the "Premises"), as is illustrated on Exhibit A attached and entitled "Description of Premises". 2. Initial Lease Term. Except as hereinafter provided, the term of this Lease ("Initial Lease Term") shall be for a period of one (1) year commencing on the 9th day of August, 2011 (the "Commencement Date") and terminating on the 9th day of August, 2012. 3. Intentionally Omitted. 4, Permitted Uses. The Premises shall be used by Tenant solely for the purpose of an arts center subject to Landlord's ability to devote reasonable space to community library and/or reading room and shall be considered an interim use pending the adoption of the City's Comprehensive Plan and Official Controls pursuant to Minn. Statutes 462.3579. Tenant shall neither use nor permit the use of the Premises or any portion thereof, for any other purpose or purposes whatsoever, without first obtaining Lessor's written consent thereto. 5. Rent. Tenant covenants to pay to Lessor, without demand and without offset or deduction, at Lessor's office hereinafter designated, or at such other place as Lessor may from time to time designate in writing, the Base Rent of $1.00. 6. Tenant Improvements. Prior to occupancy, Tenant shall construct, at its own costs, all improvements necessary to comply with all applicable building and health safety codes. Such improvements shall be pursuant to plans and specifications which have been reviewed and approved by the Building Inspector for the Lessor. 7. Security Deposit. A security deposit shall not be required. 8. Intentionally Omitted. 9. Possession. Occupancy and Surrender. A. Date of Possession: Tenant shall be entitled to enter into and occupy the Premises for the purpose of completing Tenant's work, and for conducting Tenant's business, from and after the Commencement Date. In the event that Lessor permits Tenant to occupy the Premises prior to the Commencement Date, such occupancy shall be subject to all of the provisions of this Lease, provided that the term shall be otherwise unaffected. B. Surrender of Premises: Upon the expiration or sooner termination of the Term and if Tenant has fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, but not otherwise, Tenant shall, at its sole cost and expense, remove from the Premises its interior and exterior signs and all of its movable trade fixtures and equipment, and other items Tenant has installed or placed on the Premises which have not become the property of Lessor (all of which are hereinafter referred to as "Tenant's Property"), shall cap all plumbing outlets exposed as a result of the removal of Tenant=s property, and shall thereupon surrender the premises in the same condition as existed on the Commencement Date, reasonable wear and tear, damage by unavoidable casualty, and items expressly allowed by Lessor (including removal of interior walls), excepted. If Tenant has not fully and faithfully performed all of the terms, conditions and covenants of this Lease to be performed by Tenant, Tenant shall nevertheless remove Tenant's Property from the Premises in the manner aforesaid within fifteen (15) days after receipt of written direction to do so from Lessor. In the event Tenant shall fail to remove any of Tenant's Property as provided herein, Lessor may, but is not obligated to, at Tenant's expense, remove all or part of Tenant's Property not so removed and repair all damage to the Premises resulting from such removal and may, but is not obligated to, at Tenant's expense store the same in any public or private warehouse, and Lessor shall have no liability to Tenant for any loss or damage to Tenant's Property or floor coverings caused by or resulting from such removal or otherwise. 10. Use and Maintenance of Premises by Tenant. A. General Authority: Tenant shall at all times during the Term comply with all other reasonable rules and regulations which Lessor may at any time or from time to time establish concerning the use of the Premises and Property provided that Tenant shall be allowed 24 hours access to the building pursuant to a security system/procedure approved by Lessor. 2 B. Alterations: Except as otherwise herein provided, Tenant shall not make or allow to be made any structural changes, alterations or additions to the Premises or any part thereof without first obtaining the express written consent of Lessor which shall not be unreasonably withheld. Any changes, alterations or additions in or to the Premises shall be at Tenant's sole cost and expense and, except for Tenant's trade fixtures, custom cabinetry, equipment and furnishings, shall become the sole property of Lessor. If, during the Term, any change, alteration, addition or correction shall be required by any law, rule or regulations of any governmental authority to be made in or to the Premises or any portion thereof, Lessor shall first give its written consent thereto and such change, alteration, addition or correction shall then be made by Tenant at Tenant's sole cost and expense. C. Maintenance of Premises by Tenant/Lessor: Tenant shall, except as otherwise provided in this Lease, at its sole cost and expense, at all times during the Term keep and maintain the Premises, and every part thereof including the plumbing, electrical, heating, air conditioning and ventilating systems appurtenant to and serving the Premises in good and sanitary order, condition and repair and in compliance with all laws and regulations applicable thereto, and shall do such reasonable periodic painting of the Premises as may be required by Lessor. D. Lessor Responsibilities. Lessor will pave and mark handicapped parking spots; shovel and remove snow from sidewalks; and do all external maintenance of the building and garage. 11. Intentionally Omitted. 12. Utilities. Tenant shall pay before delinquency, at its sole cost and expense, gas, electricity, water service attributable to the Premises, and all other services or utilities used in, upon or about the Premises by Tenant or any of its subtenants, licensees or concessionaires during the Term hereof; provided, however, that if any such services or utilities shall be billed to Lessor and are not separately metered to the Premises, the amount thereof shall be prorated and Tenant shall pay to Lessor, when billed, as additional rent hereunder, an amount equal to that portion of the total charges therefor which the number of square feet of the Premises bears to the total number of square feet of leasable space for the building. 13. Insurance; Liability and Indemnification of Lessor. A. Public Liability Insurance: Tenant shall, at all times during the Term hereof, at its sole cost and expense, procure and maintain in force and effect, a policy or policies of comprehensive public 3 liability insurance issued by an insurance carrier approved by Lessor, insuring against lost, damage or liability for injury to or death or persons and loss or damage to property occurring as a result of the negligence of Tenant or Tenant's employees, agents, contractors, or invitees in, upon or about the said Premises. Such liability insurance shall be in the amounts of not less than $500,000 for personal injuries to or death of anyone person whomsoever, and $500,000 for personal injuries to or death of any two or more persons whomsoever arising from the same occurrence, and $500,000 for damage to property, including property of Tenant. Lessor shall be named as an additional insured under each such policy of insurance. B. Tenant's Insurance: Tenant shall, at all times during the Term, at its sole cost and expense, procure and maintain in force and effect building plate glass insurance, and standard form of fire with extended coverage insurance covering Tenant's property and its merchandise, and the personal property of others in Tenant's possession in, upon or about the Premises. Such insurance shall be in an amount equal to the current cash value of the property required to be insured. Tenant and Lessor shall be the named insureds (and at Lessor's option any other persons, firms or corporations designated by Lessor shall be additional named insureds) under each such policy of insurance. C. Certificates of Insurance: A certificate issued by the insurance carrier for each policy of insurance required to be maintained by Tenant hereunder shall be delivered to Lessor on or before the commencement date hereof and thereafter, as to policy renewals, within thirty (30) days prior to the expiration of the term of each such policy. Each of said certificates of insurance and each such policy of insurance required to be maintained by Tenant hereunder shall expressly evidence insurance coverage as required by this Lease (including an express waiver of any and all rights of subrogation thereunder whatsoever against Lessor, its officers, agents and employees as required hereunder) and shall contain an endorsement or provisions requiring not less than ten (10) days written notice to Lessor prior to the cancellation, diminution in the perils insured against, or reduction of the amount of coverage of the particular policy in question. D. Waiver: Tenant hereby waives any and all rights of recovery from Lessor, its officers, agents and employees for any loss or damage, including consequential loss or damage, caused by any peril or perils (excluding negligent acts) enumerated in each form of insurance policy required to be maintained by Tenant hereunder. Each policy of insurance required to be maintained by 4 Tenant shall contain an express waiver of any and all rights of subrogation thereunder whatsoever against Lessor, its officers, agents and employees. E. Indemnification of Lessor: Tenant hereby covenants and agrees to indemnify, save and hold Lessor and the Premises free, clear, and harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, reasonable attorney's fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by reason of, any violation of law, ordinance or regulation by Tenant, its agents, employees, servants, contractors, subtenants, licensees, concessionaires, customers or business invitees, or by reason of any injury or damage however occurring to any person or persons whomsoever (including Tenant, its agents, employees, servants, contractors, subtenants, licensees, concessionaires, customers or business invitees), or to property of any kind whatsoever and to whomsoever belonging (including Tenant, its agents, employees, servants, contractors, subtenants, licensees, concessionaires, customers or business invitees) from any cause or causes whatsoever, excluding affirmative negligence on the part of the Lessor, while in, upon, about or in any way connected with the Premises or any portion thereof, during the Term of this Lease. F. Indemnification of Tenant: Lessor hereby covenants and agrees to indemnify, save and hold Tenant and the Premises free, clear, and harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, reasonable attorney's fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by reason of, any violation of law, ordinance or regulation by Lessor, its agents, employees, servants, contractors, subtenants, licensees, concessionaires, customers or business invitees, or by reason of any injury or damage however occurring to any person or persons whomsoever (including Lessor, its agents, employees, servants, contractors, subtenants, licensees, concessionaires, customers or business invitees), or to property of any kind whatsoever and to whomsoever belonging (including Lessor, its agents, employees, servants, contractors, subtenants, licensees, concessionaires, customers or business invitees) from any cause or causes whatsoever, excluding affirmative negligence on the part of the Tenant, while in, upon, about or in any way connected with the Building or common area or any portion thereof, during the Term of this Lease. 14. Signs. Tenant shall not place or suffer to be placed on the exterior of the Premises or upon the roof or any exterior door, wall or window thereof any sign, awning, canopy, marquee, advertising matter, decoration, lettering, or other 5 thing of any kind (exclusive of signs, if any, which may be provided for in the original construction or improvement plans and specifications approved by Lessor and Tenant hereunder) without the written consent of Lessor first being had and obtained which consent shall not be unreasonable withheld. Lessor hereby reserves the exclusive right to the use of the roof and the exterior of the walls of the Building and other areas of the Property. Except as otherwise herein provided, Tenant shall have the right, at its sale cost and expense, to erect and maintain within the interior of the Premises all signs and advertising matter customary or appropriate in conduct of Tenant's business; provided, however, that Tenant shall upon demand of Lessor immediately remove any sign, advertisement, decoration, lettering or notice which Tenant has placed or permitted to be placed in, upon or about the Building and which Lessor reasonably deems offensive, and if Tenant fails or refuses so to do Lessor may enter upon the Building and remove the same at Tenant's cost and expense. In this connection, Tenant acknowledges that the Premises are part of an integrated building, and agrees that control of all signs by Lessor is essential to the maintenance of uniformity, propriety and the aesthetic values in or pertaining to the Building. 15. Damage to Premises. A. Partial or Total Destruction: In case the Building shall be partially or totally destroyed by fire or other casualty insurable under full standard extended coverage insurance (herein Acasualty©), so as to become partially or totally untenantable, the Building shall be repaired with reasonable diligence at the cost of Lessor and Tenant as hereinafter provided and a just and proportionate part of the base rent shall be abated until so repaired, provided, however, that Lessor may elect not to rebuild in the event of such casualty; and further provided, that if the casualty occurs during the last 18 months of this Lease, Tenant may elect to terminate its Lease as a result of such casualty. B. Extensive Damage. Election: If more than one-third of the Building shall be destroyed or damaged by fire or other casualty, so as to become wholly untenantable, or if the unexpired portion of the Term shall be eighteen (18) months or less at the date of the damage, regardless of extent, or if the cost to Lessor to repair the Premises shall be estimated at $500,000 or more, then Lessor may elect not to repair or rebuild by giving notice in writing terminating this Lease; otherwise Lessor shall, within thirty (30) days after such damage, give Tenant notice of its intention to repair or rebuild and shall proceed with reasonable speed. The obligation of Lessor hereunder and under Paragraph (A) of this Article shall be limited to structural repair of the Building. 6 16. Assignment and Subletting, Except as otherwise herein provided, Tenant shall not assign, mortgage, pledge, hypothecate or encumber this Lease or the leasehold estate hereby created or any interest herein. Tenant shall not sublet the Premises or any portion thereof, or license the use of all or any portion of the Premises, without the written consent of Lessor first had and obtained therefore; provided, however, that Landlord may utilize some reasonabie portion of its space for its own library purposes or reading room. In the absence of an express agreement in writing to the contrary and executed by Lessor, no assignment, mortgage, pledge, hypothecation, encumbrance, subletting or license hereof or hereunder shall act as a release of Tenant from any of the provisions, covenants and conditions of this Lease on the part of Tenant to be kept and performed. 17. Right of Access. A. Notices, Inspection and Liability: Lessor, and its authorized agents and representatives, shall be entitled to enter the Premises at all reasonable times for the purpose of inspecting the Premises or any portion thereof, and for the purpose of making necessary repairs to the Premises and performing any work therein or thereon which Lessor may elect, or be required, to make hereunder, or which may be necessary to comply with any laws, ordinances, rules, regulations or requirements of any public authority or any applicable standards that may from time to time be established by the National Board of Fire Underwriters, the National Fire Protective Association, or any similar body, or which Lessor may deem necessary or appropriate to prevent waste, loss, damage of or deterioration to or in connection with the Premises. Nothing contained herein shall impose or be deemed to impose any duty on the part of Lessor to do any work of repair, maintenance, reconstruction or restoration, which under any provision of this Lease is required to be done by Tenant, and the performance thereof by Lessor shall not constitute a waiver of Tenant's default in failing to do the same. Lessor may, during the progress of any work on the Premises, keep and store upon the Premises all necessary materials, tools, and equipment. Lessor shall not in any event be liable for inconvenience, annoyance, disturbance, loss of business or quiet enjoyment, or other damage or loss to Tenant by reason of making any such repairs or performing any such work upon the Premises, or on account of bringing materials, supplies and equipment into, upon or through the Premises during the course thereof, and the obligations of Tenant under this Lease shall not thereby be affected in any manner whatsoever. Lessor shall, however, in connection with the performance of any such work, cause as little inconvenience, disturbance or other damage or loss to Tenant as may be reasonably possible under the circumstances. 7 Sale and Leasincu Lessor and its authorized agents and representatives, shall be entitled to enter the Premises at all reasonable times for the purpose of exhibiting the same to prospective purchasers and, during the final six (6) months of the Term, Lessor shall be entitled to exhibit the Premises for hire or rent and to display thereon in such manner as will not unreasonably interfere with Tenant's business the usual "For or "For Lease" signs, and such signs shall remain unmolested on the Premises. 18. Default 13v Tenant. A. Notice and Termination, Lessor's Options: In the event that: (i) Tenant shall default in the payment of any Rent required to be paid hereunder and such default continues for five (5) days after written notice thereof from Lessor to Tenant, or (ii) Tenant shall default in the performance of any other provision, covenant or condition of this Lease on the part of Tenant to be kept and performed and such default continues for ten (10) days after written notice thereof from Lessor to Tenant, provided, however, that if the default complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be done within said ten (10) day period, then such default shall be deemed to be rectified or cured if Tenant shall, within said ten (10) day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence, and in any event within thirty (30) days from the date of giving of such notice, or Lessor shall, at its sale option, (and in addition to all other rights and remedies it may have according to this Lease or by law provided) have the following rights: 1. The right to cure any such default and all costs and expenses incurred by Lessor in doing so shall become immediately due and payable as Additional Rent; or 2. The right to declare the Term ended and to re-enter the Premises and take possession thereof, and to terminate all of the rights of Tenant in and to the Premises; or The right without declaring the Term ended, to re-enter the Premises and to occupy the same, or any portion thereof, or to lease the whole or any portion thereof, for and on account of Tenant as hereinafter provided; or 4. The right, even though it may have relet all or any portion of the Premises, to thereafter at any time elect to terminate this Lease for such previous default on the part of Tenant, 8 and to terminate all of the rights of Tenant in and to the Premises. Pursuant to said rights of re-entry, Lessor may remove all persons from the Premises using such force as may be necessary therefor and may, but shall not be obligated to, remove all property therefrom, including, but not limited to Tenant's property, and may, but shall not be obligated to, enforce any rights Lessor may have against said property, or store the same in any public or private warehouse or elsewhere at the cost and for the account of Tenant or the owners or owner thereof. Notwithstanding anything contained herein to the contrary, Lessor shall not be deemed to have terminated this Lease or the liability of Tenant to pay any rent or other sum of money thereafter to accrue hereunder, or Tenant's liability for damages under any of the provisions hereof, by any such re-entry, or by any action in unlawful detainer or otherwise to obtain possession of the Premises, unless Lessor shall have notified Tenant in writing that it has so elected to terminate this Lease. Tenant covenants and agrees that the service by Lessor of any notice pursuant to the unlawful detainer statutes of the State of Minnesota and the surrender of possession pursuant to such notice shall not (unless Lessor elects to the contrary at the time of, or at any time subsequent to, the service of such notice, and Lessor's election be evidenced by written notice thereof to Tenant) be deemed to be a termination of this Lease, or the termination of any liability of Tenant hereunder to Lessor. Notwithstanding anything contained herein to the contrary, in the event that Tenant vacates all or a portion of the Premises prior to the end of the Lease term, Lessor agrees, in good faith, to use all reasonable efforts to re -let such vacated Premises, but nothing herein shall be deemed to remove, amend or modify any other remedies which Lessor may have due to a default by Tenant. As used herein, "reasonable efforts" means placing an appropriate rental sign on the building and pursuing all bona fide offers for a lease of such vacated Premises at fair market value. B. Right to Re -let Premises: 1. In the event Lessor elects to re-enter the Premises as hereinabove provided, or should Lessor take possession thereof pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor may at its option either terminate this Lease, or it may from time to time without terminating this Lease re -let the Premises, or any portion thereof (but nothing contained herein shall be construed as 9 obligating Lessor to re -let the whole or any portion of the Premises) for such a term or terms (which may be for a term extending beyond the Term) and at such reasonable rental or rentals, at then current market rates, and upon such other terms and conditions as Lessor, in its sole discretion, may deem advisable. In addition to the foregoing, Lessor shall have the right, but not the obligation, to make such alterations and repairs to the Premises, and to divide or subdivide the Premises, as may be required or occasioned by any such re -letting. In the event Lessor re -lets the Premises, or any portion thereof, it may execute any such Lease either in its own name or in the name of Tenant as Lessor shall see fit, but the Tenant in such lease of re -letting shall be under no obligation whatsoever to see the application by Lessor of any rent collected by Lessor from such Tenant, nor shall Tenant hereunder have any right or authority whatsoever to collect any rent from the Tenant in the lease of re -letting. 2. Upon such re -letting, Lessor shall apply the rentals and sums received from such re -letting in the following order: (a) first, to the payment of costs of recovering the Premises including, without limitation, court costs and reasonable attorney's fees; (b) second, to the payment of any costs and expenses of said re -letting including, without limitation, the costs of alterations and repairs, dividing and subdividing, of the Premises in connection therewith, and to the payment of any brokerage commissions or other similar expenses of Lessor in connection with such re - letting; (c) third, the balance, if any, shall then be applied by Lessor, from time to time, but in any event not less often than once each month, on account of the payments of rent and other payments on the part of Tenant due and payable hereunder; and (d) fourth, the residue, if any, shall be held by Lessor and applied in payment of future Rent and other payments on the part of Tenant as the same may become due and payable hereunder, C. Damages on Termination: Should Lessor at any time terminate this Lease for any default, breach or failure of Tenant hereunder, then, in addition to any other rights or remedies available to Lessor hereunder or by law provided, Lessor may have and recover from Tenant all damages Lessor may incur by reason of such default, breach or failure including, without limitation, all costs of recovering the Premises including, without limitation, court costs and reasonable attorney's fees for services in recovering possession, all costs and expenses of any re -letting including, without limitation, all costs of alterations and repairs, 10 dividing and subdividing, of the Premises in connection therewith, all brokerage commissions or other similar expenses of Lessor in connection with such re -letting, or, at the option of Lessor, Lessor may have and recover from Tenant the worth at the time of termination of this Lease, of the excess, if any, of the Rent reserved in this Lease for the remainder of the Term, over the t hen reasonable rental value of the Premises for the same period, all of which amounts, including all court costs and reasonable attorney's fees of Lessor, shall be immediately due and payable by Tenant to Lessor. D. Waiver of Default: The waiver by Lessor of any default or breach of any of the provisions, covenants or conditions hereof on the part of Tenant to be kept and performed shall not be a waiver of any preceding or subsequent breach of the same or any other provision, covenant or condition contained herein. The subsequent acceptance of Rent or any other payment hereunder by Tenant to Lessor shall not be construed to be a waiver of any preceding breach by Tenant of any provision, covenant, or condition of this Lease other than the failure of Tenant to pay the particular rental or other payment or portion thereof so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such Rent or other payment. 19. Liens. A. Indemnification: Tenant shall at all times indemnify, save and hold Lessor and the Premises free, clear and harmless from any claims, liens, demands, charges, encumbrances or litigation (including attorney's fees) arising directly or indirectly out of any use, occupancy or activity of Tenant, or out of any work performed, material furnished, or obligations incurred by Tenant, in, upon, about or otherwise in connection with the Premises, and shall pay or cause to be paid for all work performed and material furnished to the Premises which will or may result in a lien on the Premises or Lessor's reversionary estate therein, and will keep the Premises free and clear of all mechanic's liens and materialmen liens, B. Contest of Liens: If Tenant desires to contest any claim of lien, it shall within fifteen (15) days after the filing of the lien for record furnish Lessor with cash security in the amount of the claim of lien, plus estimated costs and interest, or shall furnish Lessor with a bond of a responsible corporate surety in the same amount conditioned upon the discharge of the lien. Nothing contained herein shall prevent Lessor, at the cost and for the account of Tenant, from obtaining and filing a bond conditioned upon the discharge of such lien, in the event Tenant fails or refuses to 11 furnish the same within said fifteen (15) day period, and all costs incurred by Lessor in so doing shall be immediately due and payable as Additional Rent.. C. Satisfaction of Liens: Immediately upon entry of final judgment in any such action in which Tenant contests any such claim of lien, and if such final judgment shall establish the validity of the lien, or any part thereof, and within fifteen (15) days after the filing of any lien for record which Tenant does not contest, Tenant shall fully pay and discharge such judgment or lien, as the case may be, and Tenant shall reimburse Lessor upon demand for any and all loss, damage and expense, including reasonable attorney's fees, which Lessor may suffer or be put to by reason thereof. Nothing contained herein shall prevent Lessor, at the cost and for the account of Tenant, from satisfying any such judgment or lien, as the case may be, in the event Tenant fails or refuses to satisfy the same as herein provided, and all costs incurred by Lessor in so doing shall be immediately due and payable as Additional Rent. D. Notice to Lessor: Should any claim or lien be filed against the Premises, or any action or proceeding be instituted affecting the title to the Premises, Tenant shall give Lessor written notice thereof as soon as Tenant obtains knowledge thereof. 20. Subordination. Tenant agrees upon request of Lessor to subordinate this Lease and its rights hereunder to the lien of any mortgage, deed of trust or other encumbrance, together with any conditions, renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against the Premises, the Building, or the Property, or any portion or portions thereof, and to execute and deliver at any time and from time to time upon demand by Lessor such documents as may be required to effectuate such subordination, and in the event that Tenant shall fail, neglect or refuse to execute and deliver any such document within ten (10) days after receipt of written notice so to do and the receipt by Tenant of the document to be executed by it, Tenant hereby appoints Lessor, its successors and assigns, the attorney -in -fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, however, that Tenant shall not be required to effectuate such subordination, nor shall Lessor be authorized to effectuate such subordination on behalf of Tenant, unless the mortgagee or trustee named in such mortgage, deed of trust or other encumbrance shall first agree in writing, for the benefit of Tenant, that so long as Tenant is not in default under any of the provisions, covenants or conditions of this Lease on the part of Tenant to be kept and performed, that neither this Lease nor any of the rights of Tenant hereunder shall be terminated or modified or be subject to termination or modification, nor shall Tenant's possession of the Premises be disturbed or interfered with, by any trustee's sale or by any action or proceeding to foreclose said mortgage, deed of trust or other encumbrance. 12 21. Estoppel Certificate. Tenant agrees that at any time during the Term, and within ten (10) days after demand therefor by Lessor, to execute and deliver to Lessor or to any proposed mortgagee, trustee, beneficiary or purchaser, a certificate in recordable form certifying that this Lease is in full force and effect and that there are no defenses or offsets thereto, or stating such defenses or offsets as are claimed by Tenant, and the dates to which all Rent has been paid, or containing other information usually set forth in certificates of a similar nature. 22. Force Maieure. Whenever a day is appointed herein on which, or a period of time is appointed within which, either party hereto is required to do or complete any act, matter or thing, the time for the doing or completion thereof s hall be extended by a period of time equal to the number of days on or during which party is prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of strikes, lockouts, embargoes, unavailability of labor or materials, wars, insurrections, rebellions, declaration of national emergencies, acts of God, or other causes beyond such party's reasonable control (financial inability excepted); provided, however, nothing contained in this Section shall excuse Tenant from the prompt payment of any rental or other charge required of Tenant hereunder except as may be expressly provided elsewhere in this Lease. 23, No Partnership. Anything contained herein to the contrary notwithstanding, Lessor does not in any way or for any purpose become a partner of Tenant in the conduct of its business, or otherwise, or a joint venturer or member of a joint enterprise with Tenant hereunder. 24. Remedies Cumulative. The various rights, options, elections and remedies of Lessor and Tenant, respectively contained in this Lease shall be cumulative and no one of them shall be construed as exclusive of any other, or of any right, priority or remedy allowed or provided for by law and not expressly waived in this Lease. 25. Amendment. The terms of this Lease may be amended by written mutual consent of the parties. 26. Early Termination. Either party may terminate this Lease upon sixty (60) days written notice to the other party. 27. Renewal. This Lease may be extended by Landlord for a period of up to years upon written notice provided by Tenant before sixty (60) days of the expiration of any Lease term. 28. Entire Agreement. All understandings and agreements heretofore made between the parties hereto are merged into this Agreement, which alone fully and completely expresses their Agreement. 13 IN WITNESS WHEREOF, the parties hereto have signed this Lease, and all Exhibits hereto, the date and year first above written. [SIGNATURES ON FOLLOWING PAGES] 14 LESSOR: CITY OF LAKE ELMO By: Dean Johnston Its: Mayor STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of , 2011, before me, a notary public within and for said county, personally appeared Dean Johnston, to me known to be the Mayor, of the City of Lake Elmo, a Minnesota statutory city, arid he executed the foregoing instrument and acknowledged that he executed the same by authority of and on behalf of the city. Notary Public 15 TENANT: LAKE ELMO REGIONAL ART CENTER STATE OF MINNESOTA )ss. COUNTY OF WASHINGTON By: Robert Meyer Its: Executive Director On this of , 2011, before me, a notary public within and for said county, personally appeared Robert Meyer, to me known to be the Executive Director of the Lake Elmo Regional Art Center, and he executed the foregoing instrument and acknowledged that he executed the same by authority of and on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: David K. Snyder Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater, MN 55082 651-439-2871 16 EXHIBIT A DESCRIPTION OF PREMISES Main Floor of residential dwelling and detached garage located at 3585 Laverne Avenue, Lake Elmo, Minnesota. The Premises do not include the second floor, the attic and the basement provided that such areas may be accessed with the written consent of the Lessor when necessary for maintenance purposes. CITY OF LAKE A pi ?(E: COUNCIL COMMUNICATION DATE: 8/09/2011 CONSENT ITEM #: 4 MOTION AGENDA ITEM: Authorization Animal Control Services Joint Powers Agreement with Washington County Sheriff's Office SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Dave Snyder, City Attorney Washington County Sheriff s Department SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider authorizing a Joint Powers Agreement for animal control services between the City and the Washington County Sheriffs Office. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: In lieu of contracted services, the City is proceeding with developing an arrangement whereby contracted Sheriff's deputies will be responding to animal control needs. To undertake this, the City recently purchased certain animal control equipment and has made available the City's old Crown Victoria for animal control seizure and transport, Under the proposed Joint Powers Agreement, the Washington County Sheriff's Office will provide training for current deputies to respond to calls in Lake Elmo for animal control services. Washington County anticipates making an old K-9 vehicle available for this service in the near future. Under the JPA, the City will be billed for actual vehicle expenses and consumables only. Similarly, should Washington County need to utilize City equipment and supplies, the City will be reimbursed accordingly. A separate agreement is forthcoming with a selected animal shelter for impound, boarding and emergency (required) veterinary services, as well as disposition of unclaimed animals. RECOMMENDATION: It is recommended that the City Council consider authorizing a Joint Powers Agreement for animal control services between the City and the Washington County Sheriff's Office, including seizure and transport. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. -- page 1 -- City Council Meeting Approval Joint Powers Agreement with Sii„, ff's Office for Animal Control Services August 9th, 201 l Consent Agenda Item #4 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to Approve the Joint Powers Agreement with the Washington County Sheriffs Office for provision of Animal Control Services [as amended/modified at tonight's meeting]." ATTACHMENTS: Proposed Joint Powers Agreement for Animal Control Services SUGGESTED ORDER OF BUSINESS (if removed from the Consent Azenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor Facilitates Action on Motion ................... ...... ............ ....................... Mayor & City Council page 2 -- Joint Powers Aareement Between The Citv of Lake Elmo and The Washinaton County Sheriff's Office for Animal Control WHEREAS, under Minnesota Statutes, Section 471.59, subd. 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unit: and, WHERAS, City of Lake Elmo ("City") and Washington County Sheriff's Office ("Sheriff") are authorized by Minnesota law to regulate animals within their respective jurisdiction: and, WHERAS, both parties desire to enter into a joint powers agreement for the purpose of describing the terms and conditions by which the Sheriff Office is the animal control within the City, NOW, THEREFORE, THE CITY AND SHERIFF AGREE AS FOLLOWS: 1. The recitals set forth in the whereas clauses above are incorporated as if fully set forth herein. 2. At the request of the City of Lake Elmo, the Washington County Sheriff's Office shall provide the City animal control services. a. The City authorizes the Washington County Sheriff's Office -to apprehend and _retain dogs,, cats and other domesticated -animals, and/orissue citation :tags for Violations of the City Ordinances related to animals. b. The services shall be provided by request through the Sheriff's Office Communications Center. c. The Communication Center shall dispatch the Sheriff's Office Lake Elmo Contract car or assigned reserves, provided the car is available and dispatch is feasible. •d, The Washington County Sheriff's Office shall impound animals at a location directed by the City, or by ruling of the Minnesota Board of 'Health or other Minnesotaor United States agency'with:jurisdiction. e. Impounded animals shall be -checked for identification as required by .Minnesota Statutes Chapter 346. 3. The :parties will pay the actual costs of servicesprovided, -:pursuant to this agreement, which cost wilrbe based on the cost ofvehicle and supplies. Boarding, veterinarian fees and related charges for an animal witi be directly contracted for between the City and the impound service 'proVider. ,a. The City and'Sheriffmill=work cooperatively for the :provision of the most _ 'cost effective vehicle and supplies, Approved 1RS:ratesshall be used for vehicle reimbursement. Actual replacement cost shall be used for supplies and consumables. b. If available, the vehicle and supplies may be utilized for animal control services outside of the City of Lake Elmo, at the determination of the Sheriff, provided that the City of Lake Elmo will not be billed for such and the City shall be appropriately reimbursed by the Sheriff or benefitting party for use of said vehicle and supplies. c. The ,billing party shall invoice the billed partyfor such costs, and the billed :party shall pay the invoice within 30,days of receipt 4. Either party may terminate this agreement for any reason by giving a 30-day written notice to the other party. 5. Each party shall be liable for its own acts to the extent provided by law and herby agrees to indemnity, hold harmless and defend the other, it's Deputies and employees against any and all liability, loss, cost, damages, expensed, claims, or claims which the other may hereafter sustain arising out of or by reason of any negligent act or omission of the party or its employees in the performance or failure to adequately perform its obligation under this agreement. a. The Parties liabilities shall be governed by the provisions of Minnesota State Statute Chapter 466 and section 471.59 subd. la, 6. Neither party may assign the agreement without the written consent of the other party. 7. This agreement constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not otherwise provided herein. By the signatures below of their legally authorized representatives, the parties acknowledge that they have read the agreement, understand its terms and agree to be bound thereby. IN WITNESSETH WHEREOF, the parties have caused this agreement to be duly executed this day of , 2011 CITY OF LAKE ELMO: Washington County Sheriff's Office; By: By: Its Mayor Its Sheriff Attest: Attest: Its City Clerk Its Chief Deputy AYOR & COUNCIL COMMUNICATION DATE: 8/09/2011 CONSENT ITEM #: 5 MOTION AGENDA ITEM: Approve Cleaning Services for City Hall and Fire Hall SUBMITTED BY; Sharon Lumby, City Clerk REVIEWED BY: Bruce A. Messelt, City Administrato Tom Bouthilet, Finance Director SUMMARY AND ACTION REOUESTED: City Council consideration is respectfully requested for carpet and chair cleaning services at City Hall and Fire Station One. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION & STAFF REPORT: It has been several years since the City Hall carpets have been professionally cleaned. In addition, the "new" Chamber chairs have not been cleaned since acquired from Oak Park Heights. Both the carpeting and chairs show significant dirt and some staining. Periodic cleaning also increases the longevity of these furnishings. Sufficient funds have been budgeted in 2011 for undertaking of this periodic cleaning and maintenance activity; thus no formal budget amendment is required. However, City Council approval is requested given the highly visible nature of this activity and in order to allow for recognition of efforts by the City to maintain and utilize existing assets. The following cost estimates have been received: City Hall Fire Hall Chairs (approx. 45 chairs ServiceMaster $439.11 $150 $4.00 per chair Coverall $599.00 $150 $2,50 per chair TOTAL $769.11 824.00 RECOMMENDATION: City Council consideration is respectfully requested for carpet and chair cleaning services at City Hall and Fire Station One. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. -- page 1 -- 1 ') Y .l' May 3, 2011 City Council Meeting Authorize Carpet/Chamber Chairs Cleaning Services August 9th, 2011 Consent Agenda Item # 5 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to authorize the City to contract with Servicemaster to clean the carpet at Fire Station One and City Hall and to clean the City Council chamber chairs, at an approximate cost of $769.11 (as amended/modified at tonight's meeting]." ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS (if removed from the Consent Aeenda): Questions from Council to Staff . ........ ........................... ..... .... Mayor Facilitates Call for Motion .... .............. .............. . ........ Mayor & City Council Discussion ............. . ............ „ .......................... Mayor Facilitates Action on Motion ........ .....,. ................ ........ ..... ...... ... Mayor & City Council -- page 2 -- CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 08/09/2011 CONSENT ITEM #: 6 MOTION as part of Consent Agenda Consideration of Adoption of Medical Restrictions Policy Tom Bouthilet, Finance Director Personnel Subcommittee Bruce Messelt, City Administrator Sharon Lumby, City Clerk Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to affirmatively consider adoption of a new City policy pertaining to work -related and non -work related medical restrictions. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The League of Minnesota City Insurance Trust strongly recommends, whenever possible, employees injured on the job be placed on modified duties. In part, this policy is intended to maintain the City's premium rates. This also keeps the Employee engaged, which has statistically resulted in accelerated return to work status. STAFF REPORT: The proposed Medical Restrictions policy will apply to all City Personnel, including Salaried, Full Time, Part Time, Seasonal, and Paid on Call. Under this policy, employees who have restrictions placed on them by their personal physician or a physician representing the City for work related, on the job injury or a non -work related injury will be placed on modified duties, whenever possible. The proposed Policy reads as followed: Once an employee is placed on medical restriction, a determination will be made by their supervisor as to their ability to perform assigned job duties, and to what level, degree scope or restriction, based upon their medical restriction(s). Every effort will be made by the Employee to continue working within the limitation(s) of the medical restriction(s). Employees may be placed on "restricted duty" or "light duty" status, when appropriate and when reasonable accommodations are -- page 1 -- City Council Meeting Medical Restriction Policy August 8th, 2011 Consent Agenda Item # 6 available. The supervisor will review his/her determination with the City Administrator on a case by case basis and will continue to monitor and evaluate such restrictions until such time as subsequent modifications are required or the Employee returns to full duty. Once a determination has been made regarding placement on "modified duty" or "light duty, the results will be presented in writing and explained to the employee. The written determination will be signed by the City Administrator, Supervisor and the Employee. A copy of this determination will be delivered to the Employee and the Personnel Director. The Employer is neither responsible for compensation for work time lost, nor obligated to provide job -related accommodation, to Employee for non -work related injupy, above and beyond that prescribed in federal law, state statute, or City ordinances and policies. RECOMMENDATION: It is recommended that the City Council affirmatively consider adoption of a new City policy pertaining to work -related and non -work related medical restrictions. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda, further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to Adopt a Medical Restrictions Policy, [as amended/modified at tonight's meeting]." SUGGESTED ORDER OF BUSINESS (if removed from the Consent Agenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page 2 — CITY OF LAKE ! ELMO MAYOR & COUNCIL COMMUNICATION DATE: 8/0972011 REGULAR ITEM #: 7 MOTION Resolution No. 2011-030 AGENDA ITEM: Resolution No. 2011-030 Authorizing a Master Joint Powers Agreement with Bureau of Criminal Apprehension SUBMITTED BY: Dave Snyder, City Attorney THROUGH: Bruce Messelt, City Adrninistrato REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Resolution No. 2011-030 authorizing a Master Joint Powers Agreement between the City and the State of Minnesota's Department of Public Safety, Bureau of Criminal Apprehension (BCA) for utilization of certain systems and tools available over the State's criminal justice data communications network. The suggested motion to do so is as follows: "Move to approve Resolution No. 2011-030, authorizing a Master Joint Powers Agreement with the Bureau of Criminal Apprehension for the use of systems and tools available over the State's criminal justice data communications network." BACKGROUND INFORMATION; This item has been scheduled at the request of the City Attorney. The Washington County Sheriff's Office and the City Attorney utilize certain systems and tools available over the State's criminal justice data communications network. The State BCA has requested timely approval of a Master Joint Powers Agreement (JPA) with the City to cover such utilization. Such JPA must be approved by the City Council, as per Minn. Stat. § 471.59, Subd. 1. Associated costs for these services are already indirectly paid for via the current contracts with the City Attorney and Sheriffs Office. RECOMMENDATION: It is recommended that the City Council consider approving Resolution No, 2011-030, authorizing a Master Joint Powers Agreement between the City and the State of Minnesota's Department of Public Safety, Bureau of Criminal Apprehension (BCA). The suggested motion to do so is as follows: -- page 1 -- City Council Meeting August 9th, 2011 Approval Mater Joint Powers Agreel-rt with Bureau of Criminal Apprehension Regular Agenda Item #7 10.01.1.111001.6. "Move to approve Resolution No. 2011-030, authorizing a Master Joint Powers Agreement with the Bureau of Criminal Apprehension for the use of systems and tools available over the State's criminal justice data communications network." Alternatively, the City Council does have the authority to further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve Resolution No. 2011-030, authorizing a Master Joint Powers Agreement with the Bureau of Criminal Apprehension has amended/modified at tonight's meeting]." ATTACHMENTS: Resolution No, 2011-030 Master Joint Powers Agreement with BCA SUGGESTED ORDER OF BUSINESS: Introduction of Item/Brief Report ..... ..„..., ..... City Attorney Questions from Council to Staff ........... ....... ....... ,...„ .... ..... ,.„ Mayor Facilitates Public Input, if Appropriate ....„.., ........ , ...... ................ ........., Mayor Facilitates Call for Motion Mayor & City Council Discussion ....... „„ ........ ..,..„,...... ...... .....„..... ..... Mayor Facilitates Action on ............ Mayor & City Council — page 2 — CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011-030 • A RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF LAKE ELMO ON BEHALF OF ITS CITY ATTORNEY AND WASHINGTON COUNTY SHERIFF'S DEPARTMENT WHEREAS, the City of Lake Elmo on behalf of its Prosecuting Attorney and Washington County Sheriffs Department desires to enter into Joint Powers Agreements with the State of Minnesota Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lake Elmo, Minnesota as follows: 1, That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Lake Elmo on behalf of its Prosecuting Attorney and Washington County Sheriff's Department are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. • That the Washington County Sheriff, Bill Hutton, or his successor, is designated the Authorized Representative for the Washington County Sheriff's Department, The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. , That the City of Lake Elmo's Prosecuting Attorney, David Snyder, or his successor, is designated the Authorized Representative for the Prosecuting Attorney, The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the authorized Representative with the administration of the agreement, Bruce A, Messelt, Lake Elmo City Administrator, is appointed as the Authorized Representative's designee. 4, That Dean A. Johnston, the Mayor for the City of Lake Elmo and -Sharon Lumby, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements, Passed and Adopted by the Council on the 9th day of August, 2011. CITY OF LAKE ELMO By: Dean A. Johnston Its Mayor ATTEST: By: Sharon Lumby Its City Clerk FCKBERGALit LAMMERS r ATTORNEYS AT LAW Writer's Direct Dial: (651)351-2131 Writer's Email: dsnvder(ar eckberelammers.com July 28, 2011 Bruce Messelt, City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: City of Lake Elmo —BCA Contract Dear Bruce: AUG Stillwater Office: 1809 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 Fax (651) 439-2923 Hudson Office: 430 Second Street Hudson, Wisconsin 54016 (715) 386-3733 Fax (715) 386-6456 wwweckberglarnmers,com Enclosed herewith, please find a BCA contract. It was in my inbox at City Hall. I think if it has been approved by Council, it can be signed on behalf of the City. Note that the BCA is looking for either approved minutes which reflect the approval of this document or execution of the enclosed resolution approving it. I do not remember if this was placed on a consent agenda recently but it could be contained in the Minutes. If we have final approved minutes, we could send this back to BCA with signatures on it. Let me know if you need anything further. Thank you, DKS/mah Enclosure ECKBERG, LAMMERS, BRIGGS, WOLFF &4 VJERL[NG, PLLF Family Law / Divorce Business and Commercial Law 6 Criminal Law Personal Injury / Wrongful Death Estate Planning / Probate Real Estate • Land Use Law e Mediation • Municipal Law • Civil Litigation MINNESOT DEPARTMENT 0 UB C SAFETY Bureau of Criminal Apprehension Driver and Vehicle Services Homeland Security and Emergency Management Minnesota State Patrol Alcohol & Gambling Enforcement Bureau of Criminal Apprehension 1430 Maryland Avenue E., St. Paul, Minnesota 55106 Phone: 651/793-7000 FAX: 651/793-7001 TTY: 651/282-6555 Internet: http://www.dps.state.mn.us/bca/ June 28, 2011 Bruce Messelt City of Lake Elmo 3800 Laverne Avenue N Lake Elmo, MN 55042 juN ARMER/911 Program Dear Mr, Messelt, Your City Attorney recently requested additional services, This is a timely opportunity for your agency to adopt the Bureau of Criminal Apprehension's (BCA) new Master Joint Powers Agreement (JPA). The JPA makes adding services much easier. Enclosed please find six copies of a JPA. Some things to know about some of the information in the JPA: • Clause 3 references payment. The amount listed, if any, is what your agency currently pays to connect; there are no charges for any additional services requested. By law (Minn. Stat. §471.59, Subd. 1), the JPA must be approved by your city council. A sample resolution for your use is also enclosed. If you would prefer an electronic version please email your request to the address below. Office of Communications Here's what we need from you: Office of Justice Programs Office of Traffic Safety State Fire Marshal and Pipeline Safety O A copy of the city council's resolution approving the JPA or a copy of the meeting minutes showing the approval. Unapproved meeting minutes are acceptable. 0 For statutory cities, the mayor and city clerk must sign the enclosed agreement (Minn. Stat. §412.201). O For home rule charter cities, the council may delegate signing to a city employee (Minn. Stat. Ch, 410). 0 For home rule charter cities, a copy of the document delegating signing authority. • All six copies of the JPA with appropriate signatures. If you have any questions please contact me at 651-793-2734 or Julie.iohansenastate.mn.us. Sincerely, ulie Johansen Contracts and Grants Specialist Enclosures EQUAL OPPORTUNITY EMPLOYER )FT Contract #28301 MN082041A STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Lake Elmo on behalf of its Prosecuting Attorney ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access' and the limitations on the aceess. Agreement Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn, Stat. § 16C.05, subdivision 2. L2 Expiration date: This Agreement expires five years from the date it is effective, 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn, Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools, This method of access generally results in the Agency with indirect access obtaining the needed data and infortnation in a physical format like a paper report. C. Computer -to -computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement Agency will select a method of access and can change the methodology following the process in Clause 2.10, 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat, §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. SWIFT Contract #28301 MN082041A 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures' this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at www.dns.state.mn.us/cidni. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at httns://sns.x.state.mn.us/sitestbeaservicecatalog/default.asnx. 2.6 Access granted. A. Agency is granted. permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in perfoimance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDeslastateann.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. 2 '7'T Contract fi28301 MN082041A If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access., Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn Stat § 299C.46, At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized epresentatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Inforniation Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Bruce Messelt, City Administrator, 3800 Laverne Ave N, Lake Elmo, MN 55042, 651-777-5510, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party, 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat, § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat, Ch. 466, governs the Agency's liability. SWIFT Contract #28301 MN082041A 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are'subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. Goverument llata Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also aelmowledge and agree that the use of, access to or submission of Cowl Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contactor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 1 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporality or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. 4 `IFT Contract #28301 MN082041A 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately, 9.3 Sanctiots Involving Only CourtConrt Pata Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota, 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 3 0 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative, The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, deter mined on a pro rata basisjor services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds, Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice, 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6, Liability; 7, Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10,Venue. (THE RE PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) SWIFT Contract #28301 MN082041A The parties indicate their agreement and authority to execute his Agreement by signing below. I. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05. 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION - Name: Name: (PRINTED) (PRINTED) Signed: Date; CFMS Contract No. A- l. AGENCY Name: (PRINTED) . Signed:; Title: (with delegated authority) Date: Name: Signed: Title: (with delegated authority) Date: (PRINTED) Signed: Title: (with delegated authority) Date: 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division B y: Date: AYOR & COUNCIL COMMUNICATION DATE: CONSENT ITEM #: DISCUSSION AGENDA ITEM: 2" Quarter 2011 Financial Report SUBMITTED BY: Tom Bouthilet, Finance Director Joe Rigdon, KDV THROUGH: Bruce Messelt, City Administrator, REVIEWED BY: Sharon Lumby, City Clerk 05/03/2011 SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to receive and review the 2" Quarter Financial Report. No specific motion or action is needed, and this update is included for information/discussion purposes only. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a quarterly basis. STAFF REPORT: Attached please find a summary report highlighting the 2011 second quarter financials, along with the second quarterly report for year 2011. There are no major findings or considerations from the City staff s perspective to highlight. A written report is submitted to the Council. City Staff are available to address specific questions or comments from the Mayor and City Council Members RECOMMENDATION: Based upon the above background information it is recommended that the City Council receive the 2" quarter Financial Report, ATTACHMENTS: 1. Memorandum from KDV 2. 2nd Quarter 2011 Financial Report -- page 1 -- City Council Meeting 2" Quarter 2011 Financial Report August 9th, 2011 Regular Agenda Item # 8 SUGGESTED ORDER OF BUSINESS: - Introduction/Brief Presentation Of requested) .......... , ..... City Staff Questions from Council to Staff (if any) Mayor Facilitates Discussion....... ..... . ................... . ........... Mayor & City Council -- page 2 -- Memorandum To: City of Lake Elmo City Council From: Joe Rigdon, KDV Date: July 22, 2011 Re: General Fund Revenues/Expenditures through 2nd Quarter 2011 (Unaudited) The attached report details year-to-date City of Lake Elmo General Fund revenues and expenditures through June 30, 2011 (unaudited). Highlights are as follows: Revenues: Property taxes are at 0.0% of budget, as projected (Ist half General Fund taxes were recorded in early July 2011 in the amount of $1,214,858). Building permits through June 30, 2011 amounted to $70,823 (64.4% of budget), as compared to S70,388 through June 30, 2010. Plan check fees through June 30, 2011 amounted to $26,031 (81.3% of budget), as compared to $27,467 through June 30, 2010. Through June 30, 2011, both the 1 half and 2nd half 2011 MSA maintenance aid payments were received from the State, amounting to $83,018. Through June 30, 2010, S38,674 was received, with the 2nd half 2010 payment not received until July 2010. Total revenues were $304,071 (10.4% of budget) through June 30, 2011, increasing 19.4% from S254,610 through June 30, 2010. The majority of this increase is due to the timing of the MSA maintenance aid receipts. Exnenditures: General government expenditures totaled S500,291 (51.5% of budget) through June 30, 2011, increasing 16.0% from $431,198 through June 30, 2010. Administration department legal services for the first half of 2011 were approximately $25,000 greater than for the comparable prior year period. Finance department contract services are shown at 135.6% of the $30,000 finance department budget but are subject to a year-end allocation to the Water, Sewer, and Surface Water funds based on estimates of actual time incurred ($41,000 of contract services are budgeted for 2011 in the utility funds). Public safety expenditures totaled $213,980 (20.0% of budget) through June 30, 2011, decreasing 0.8% from $215,742 through June 30, 2010. Public works expenditures totaled $231,728 (46.2% of budget) through June 30, 2011, increasing 3.7% from $223,490 through June 30, 2010. Parks and recreation expenditures totaled S72,992 (37.8% of budget) through June 30, 2011, decreasing 7.9% from $79,271 through June 30, 2010. Total expenditures and transfers out were $1,018,991 (34.9% of budget) through June 30, 2011, increasing 6.4% from $957,701 through June 30, 2010. Quarterly Report Quarterly Report 07/22/2011 11:40 AM Periods 01 to 06 Fiscal Year 2011 to 2011 Account Number 101 000 0000 101-000-0000-31010 101-000-0000-31030 101-000-0000-32110 101-000-0000-32180 101-000-0000-32181 101-000-0000-32183 101-000-0000-32184 101-000-0000-32210 101-000-0000-32220 101-000-0000-32230 101-000-0000-32231 101-000-0000-32240 101-000-0000-32250 101-000-0000-32260 101-000-0000-33418 101-000-0000-33420 101-000-0000-33422 101-000-0000-33620 101-000-0000-33621 101-000-0000-33622 101-000-0000-34103 101-000-0000-34104 101-000-0000-34105 101-000-000D-34107 101-000-0000-34109 101-000-0000-34111 101-000-0000-35100 101-000-0000-36200 101-000-0000-36210 101-000-0000-36230 0000 000 Description General Fund Revenue General General Current Ad Valorem Taxes Mobile Home Tax Liquor License Wastehauler License General Contractor License Heating Contractor License Blacktopping Contractor License Building Permits Heating Permits Plumbing Permits Sewer Permits Animal License Utility Permits Burning Permit MSA - Maintenance State Fire Aid PERA Aid Gravel Tax Recycling Grant Cable Franchise Revenue Zoning & Subdivision Fees Plan Check Fees Sale of Copies, Books,'Maps Assessment Searches Clean Up Days Cable Operation Reimbursement Fines Miscellaneous Revenue Interest Earnings Donations General General Revenue Expense 410 General Government 1110 Mayor & Council 101-410-1110-41030 Part-time Salaries 101-410-1110-41220 FICA Contributions 101-410-1110-41230 Medicare Contributions 101-410-1110-43310 Mileage 101-410-1110-44300 Miscellaneous 101-410-1110-44330 Dues & Subscriptions 101-410-1110-44370 Conferences & Training 1110 Mayor & Council 2011 Budget -$2,447,385.00 -$8,000.00 -$7,200.00 -$1,000,00 -$2,000.00 -$100.00 -$60.00 -$110,000.00 -$3,000.00 -$3,000.00 -$500.00 -$2,100.00 -$6,000.00 -$1,000.00 -$68,500.00 -$40,000.00 -$2,749.00 -$3,100.00 -$15,000.00 -$35,000.00 -$4,000.00 -$32,000.00 -$200.00 -$200.00 44,000.00 -$2,000.00 -$52,000.00 -$11,129,00 -$50,000.00 -$8,0o0.00 -$2,919,223.00 2011 Year -to -Date (06/30/111 2011 Percentage of Budget 2010 Year -to -Date (06/30/10) $0.00 0.0% $0.00 $0.00 0.0% $0.00 -$1,725.00 24.0% -$750.00 $0.00 0.0% -$230.00 -$1,725.00 86.3% -$3,110.00 $0.00 0.09/0 $0.00 $0.00 0.0% $0.00 -$70,822.55 64.4% -$70,388.04 -$4,055.50 135.2% -$4,320.50 -$3,565.00 118.8% -$3,355.50 $0.00 0.0% -$561.00 -$1,601.00 76.2% -$2,721,00 -$2,863.21 47.7% -$4,519.84 -$870.00 87.0% -$1,015.00 -$83,018.00 121.2% -$38,673.50 -$3,000.00 7.5% $0.00 $0.00 0.0% $0.00 -$817.54 26.4% $0.00 -$15,588.00 103.9% -$15,588.00 -$38,894.09 111.1% -$35,366.96 -$5,475.00 136.9% -$4,370.00 -$26,031.24 81.3% -$27,466.71 -$42.00 21.0% -$67.00 -$150.00 75.0% -$240.00 -$3,058.00 76.5% -$3,425.00 -$697.42 34.9% -$999.84 -$28,517.60 54.8% -$28,561.53 -$2,054.90 18.5% 4858,40 $0.00 0.0% $0.00 -$9,500.00 118.8% -$8,022.46 4304,071.05 10.4% -$254,610.28 -$2,919,223.00 -$304,071.05 1114% -$254,610.28 -$2,919,223,00 -$304,071.05 10.4% -$254, 0.28 $16,435.00 $8,217.50 $1,019.00 $509.49 $238.00 $119.14 $1,000.00 $0.00 $2,000.00 $742.66 $9,800.00 $3,813.00 $3,500.00 $1,852.81 $33,992.00 $15,254.60 1 50.0% 50.09/0 50.1% 0.0% 37.1% 38.9% 52. 99/0 44.9% $8,217.50 $509.49 $119.14 $0.00 $518.15 $3,987.00 $745.71 $14,096.99 Quarterly Report Quarterly Report 07/22/2011 11:40 AM Periods 01 to 06 Fiscal Year 2011 to 2011 2011 2011 2010 2011 Year -to -Date Percentage Year -to -Date Account Number Description Budget (06/30/11) of Budget (06/30/10) 1320 Administration 101-410-1320-41010 Full-time Salaries $221,094.00 $102,764.27 46.5% $94,334.93 101-410-1320-41210 PERA Contributions $8,634.00 $3,901.56 45.2% $3,465.08 101-410-1320-41215 ICMA Employer Contribution $7,395.00 $3,548.87 48.0`)/0 $3,020.15 101-410-1320-41220 FICA Contributions $13,708.00 $6,197.91 45.2% $5,770.39 101-410-1320-41230 Medicare Contributions $3,206,00 $1,449.51 45.2% $1,349.55 101-410-1320-41300 Health/Dental Insurance $38,682.00 $16,707.00 43.2% $19,309,51 101-410-1320-41420 Unemployment Benefits $0.00 $6,637.41 0.0% $0.00 101-410-1320-41510 Workers Compensation $2,579.00 $2,141.00 83.0% $1,921.00 101-410-1320-42000 Office Supplies $7,500.00 $2,109.26 28.1 °/0 $1,772.80 101-410-1320-42030 Printed Forms $1,000.00 $0.00 0.0% $457.56 101-410-1320-43040 Legal Services $60,000.00 $45,871.68 76.5% $20,452.05 101-410-1320-43100 Assessing Services $45,500.00 $17,383.84 38.2% $12,000,00 101-410-1320-43220 Postage $7,500.00 $2,685.00 35.8% $2,000,00 101-410-1320-43310 Mileage $3,500.00 $929.76 26.6% $1,015.50 101-410-1320-43610 Insurance $39,500.00 $34,381.24 87.0% $38,563.04 101-410-1320-44300 Miscellaneous $6,000.00 $12,611.55 210.2% $553.72 101-410-1320-44330 Dues & Subscriptions $4,000.00 $1,495.53 37.4% $1,195.00 101-410-1320-44370 Conferences & Training $3,500.00 $458.96 13.1% $2,204.05 101-410-1320-44380 Staff Development $1,000.00 $0.00 0.0% $125.00 1320 Administration $474,298.00 $261,274.35 55,1% $209,509.33 1410 Elections 101-410-1410-42000 Office Supplies $0.00 $0.00 0.0% $55.68 101-410-1410-44300 Miscellaneous $1,350.00 $940.00 69.6% $940.00 1410 Elections $1,350.00 $940.00 69.6% $995.68 1450 Communications 101-410-1450-41010 Full-time Salaries $11,139.00 $2,609.81 23.4% $3,182.39 101-410-1450-41210 PERA Contributions $808.00 $189.23 23.4% $222,49 101-410-1450-41220 FICA Contributions $691.00 $161.83 23.4% $197.31 101-410-1450-41230 Medicare Contributions $162.00 $37.84 23,4% $46.12 101-410-1450-41510 Workers Compensation $563.00 $467.0D 82.9% $430.00 101-410-1450-43090 Newsletter $5,400.00 $1,911.99 35.4% $2,394.89 101-410-1450-43180 Information TechnologyMeb $31,500.00 $10,519.11 33.4% $16,244.25 101-410-1450-43510 Public Notices $4,000.00 $1,507.13 37.7% $594.93 101-410-1450-43620 Cable Operations $4,000.00 $1,527.85 38.2% $1,557.79 1450 Communications $58,263.00 $18,931.79 32.5% $24,870.17 1520 Finance 101-410-1520-41010 Full-time Salaries $34,741.00 $16,670.00 48.0°/c. $15,196.00 101-410-1520-41210 PERA Contributions $2,519.00 $1,208.56 48.0% $1,061.75 101-410-1520-41220 FICA Contributions $2,154.00 $1,020.36 47.4% $935.74 101-410-1520-41230 Medicare Contributions $504.00 $238.58 47.3% $218.86 101-410-1520-41300 Health/Dental Insurance $4,114.00 $2,011.97 48.9% $2,131.05 101-410-1520-41510 Workers Compensation $279.00 $232,00 83.2% $176.00 101-410-1520-42000 Office Supplies $500.00 $477.18 95.4% $0.00 101-410-1520-42030 Printed Forms $0.00 $542.96 0.0% $0.00 101-410-1520-43010 Audit Services $29,500.00 $16,585.00 56.2% $21,000.00 101-410-1520-43150 Contract Services $30,000.00 $40,674.49 135.6% $36,017.25 101-410-1520-43310 Mileage $250.00 $0.00 0.0% $0.00 101-410-1520-44300 Miscellaneous $3,000,00 $855.73 28.5% $2,007.00 2 Quarterly Report Quarterly Report 07/22/2011 11:40 AM Periods 01 to 06 Fiscal Year 2011 to 2011 Account Number 101-410-1520-44330 101-410-1520-44350 101-410-1520-44370 1520 1910 101-410-1910-41010 101-410-1910-41210 101-410-1910-41220 101-410-1910-41230 101-410-1910-41300 101-410-1910-41510 101-410-1910-42000 101-410-1910-42030 101-410-1910-43020 101-410-1910-43030 Description Dues & Subscriptions Books Conferences & Training Finance Planning & Zoning Full-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Printed Forms Comprehensive Planning Engineering Services 101-410-1910-43150 Contract Services 101-410-1910-43310 Mileage 101-410-1910-44300 Miscellaneous 101-410-1910-44330 Dues & Subscriptions 101-410-1910-44350 Books 101-410-1910-44370 Conferences & Training 1910 Planning & Zoning 1930 Engineering Services 101-410-1930-43030 Engineering Services 1930 Engineering Services 1940 City Hall 101-410-1940-42110 Cleaning Supplies 101-410-1940-42230 Building Repair Supplies 101-410-1940-43210 Telephone 101-410-1940-43810 Electric Utility 101-410-1940-43840 Refuse 101-410-1940-44010 Repairs/Maint Contractual Bldg 101-410-1940-44040 Repairs/Maint Contractual Eqpt 101-410-1940-44300 Miscellaneous 1940 City Hall 410 neneral:Government 420 Public Safety 2100 Police 101-420-2100-43150 Law Enforcement Contract 2100 Police 2150 Prosecution 101-420-2150-43045 Attorney Criminal 2150 Prosecution 2220 Fire 101-420-2220-41010 Full-time Salaries 2011 2011 Year -to -Date Budget (06/30/11) $100.00 $0.00 $100.00 $0.00 $300.00 $20.00 $108,061.00 $80,536.83 $104,312.00 $53,175.82 $7,563.00 $3,698.18 $6,467.00 $3,099.39 $1,513.00 $724.82 $26,487.00 $11,240.14 $838.00 $696.00 $1,000.00 $27.95 $0.00 $494.01 $20,000.00 $0.00 $10,000.00 $10,032.09 $5,000.00 $45.00 $500.00 $0.00 $500.00 $6.00 $750.00 $515.00 $250.00 $305.00 $1,500,00 $115.00 $186,680.00 $84,174.40 $70,000.00 $22,169.57 $70,000.00 $22,169.57 $550,00 $361.87 $1,000.00 $0.00 $7,125.00 $4,316.36 $12,500,00 $4,630,68 $1,300.00 $640.58 $11,000.00 56,794.31 $5,000.00 $1,265.53 $1,000.00 $0.00 $39,475.00 $17,009.33 $972;119.00 '$500,29087 $483,765.00 $0.00 $483,765,00 $0.00 561,000.00 $19,439.02 $51,000,00 $19,439.02 $64,701.00 $31,024.02 2011 Percentage of Budget 0.0% 0.0% 6.7% 74.5% 51.0% 48.9% 47.9% 47.9% 42.4% 83.1% 2.8% 0.0% 0.0% 100.3% 0.9% 0.0% 1.2% 68.7% 122.0% 7.7% 45.1% 31.7% 31.7% 65.8% 0.0% 60.6% 37.0% 49.3% 52.7°/0 25.3% 0.0% 43.1% 2010 Year -to -Date (06/30/10) $0.00 $0.00 $0.00, $78,743.65, $42,481.42 $2,784.55 $2,522.47 $589.87 $10,198.32 $526.00 $87.53 $0.00 $0.00 $6,791.13 $2,128.00 $0,00 $19.26 $495.00 $0.00 $725.00 $69,348.55 $17,881.78 $17,881.78 $280.17 $159.98 $3,010.86 $3,822.22 $414.64 $6,419.82 $974.38 $669.64 $15,751.71 -51.5% . :$4314197..86 0.0% $0.00 $0.00 $19,175.62 38.1% $19,175.62, 47.9% $28,234.26 Quarterly Report Quarterly Report 07/22/2011 11:40 AM Periods 01 to 06 Fiscal Year 2011 to 2011 Account Number 101-420-2220-41030 101-420-2220-41210 101-420-2220-41220 101-420-2220-41230 101-420-2220-41300 101-420-2220-41510 101-420-2220-42000 101-420-2220-42080 101-420-2220-42090 101-420-2220-42120 101-420-2220-42400 101-420-2220-43050 101-420-2220-43210 101-420-2220-43230 101-420-2220-43310 101-420-2220-43630 101-420-2220-43810 101-420-2220-43840 101-420-2220-44010 101-420-2220-44040 101-420-2220-44170 101-420-2220-44300 101-420-2220-44330 101-420-2220-44350 101-420-2220-44370 2220 2250 101-420-2250-44920 101-420-2250-44925 2250 2400 101-420-2400-41010 101-420-2400-41210 101-420-2400-41220 101-420-2400-41230 101-420-2400-41300 101-420-2400-41510 101-420-2400-42000 101-420-2400-42030 101-420-2400-42120 101-420-2400-43030 101-420-2400-43050 101-42D-2400-43060 101-420-2400-43150 101-420-2400-43210 101-420-2400-43310 101 -420-2400-43630 101-420-2400-44040 101-420-2400-44170 101-420-2400-44300 101-420-2400-44330 Description Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies EMS Supplies Fire Prevention Fuel, Oil and Fluids Small Tools & Equipment Physicals Telephone Radio Mileage Vehicle Insurance Electric Utility Refuse Repalrs/Maint Bldg Repairs/Maint Eqpt Uniforms Miscellaneous Dues & Subscriptions Books Conferences & Training Fire Fire Relief Fire State Aid City Contribution Fire Relief Building Inspection Full-tIme Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Printed Forms Fuel, Oil and Fluids Engineering Plan Review Charges Surcharge Payments Inspector Contract Services Telephone Mileage Insurance Repairs/Maint Eqpt Uniforms Miscellaneous Dues & Subscriptions 2011 2011 2010 2011 Year -to -Date Percentage Year -to -Date Budget (06/30/11) of Budget (06/30/10) $100,000,00 $22,497,67 22.5% $24,041,61 $9,008.00 $4,342.08 482% $3,862.57 $6,468.00 $1,511.61 23.4% $1,596.18 $2,388.00 $750.87 31.4% $741.39 $16,722.00 $7,234.21 43.3% $8,070.83 $15,892,00 $13,190.00 83.0% $12,472.00 $1,000.00 $5.30 0,5% $319,73 $1,200.00 $1,129.69 94.1% $0.00 $3,000.00 $0.00 0.0% $0.00 $10,000.00 $5,156.68 51.6% $3,919.29 $10,000.00 $2,803.84 28.0% $4,815.47 $9,250.00 $334.42 3.6% $396.00 $5,000.00 $1,615.73 32,3% $1,765.50 $18,500,00 $7,554.63 40.8% $4,114.20 $600.00 $25.01 4.2% $408.48 $15,475.00 $10,754.00 69.5% $13,980.20 $12,500.00 $6,219.02 49.8% $5,247.98 $1,000.00 $281.96 28.2% 8182,48 $11,000,00 $6,971.92 63.4% $12,405.76 $25,000.00 $6,445 .58 25.8% $10,751.10 $9,200.00 $1,122.54 12.2% $1,213.28 $1,500,00 $1,159.46 77.3% $305.89 $3,300.00 $2,295.20 69.6% $1,264.00 $1,000.00 $788.74 78.9% $635.91 $22,000.00 $12,756.17 58.0% $10,946,23 $375,704.00 $147,970.35 39.4% $151,690.64 $40,000,00 $0.00 0.0% $0.00 $7,175.00 MOO 0.0% $1,000.00 $47,175.00 $0.00 0.0% $1,000.00 $60,935,00 $28,509.85 46.8% $4,418.00 $2,066.90 46.8% $3,778.00 $1,720.80 45.5% $884.00 $402.54 45.5% $9,487.00 $4,274.66 45,1% $2,451.00 $2,034.00 83.0% $300.00 $116.94 39.0% $300,00 $0.00 0,0% $3,750.00 $0.00 0.0°/. $5,000.00 $4,273.19 85.5% $1,000.00 $0.00 0.0% $0.00 -$3,356.54 0.0% $1,000.00 $0.00 0,0% $425.00 $91.71 21,6% $250.00 $0.00 0.0% $1,000.00 $242.00 24,2% $750.00 $340.58 45,4% $300.00 $0.00 0.0% $500.00 $0.00 0.0% $200.00 $75.00 37.5% 4 $25,822.61 $1,804.17 $1,572,57 $367.78 $4,432.64 $2,319.00 $0.00 $0,00 $0.00 $2,281.34 $0.00 -$5,106.36 $118.25 $140.20 $0.00 $903.41 $364.90 $0.00 $15.41 $100.00 Quarterly Report Quarterly Report 07/22/2011 11:40 AM Periods 01 to 06 Fiscal Year 2011 to 2011 Account Number 1 01 -420-2400-44350 101-420-2400-44370 2400 2500 101-420-2500-43150 2500 2700 101-420-2700-42030 101-420-2700-43150 101-420-2700-44300 2700 Description Books Conferences & Training Building Inspection Emergency Communications Contract Services Emergency Communications Animal Control Printed Forms Contract Services Miscellaneous Animal Control 420 -Public Safety 430 3100 101-430-3100-41010 101-430-3100-41030 101-430-3100-41210 101-430-3100-41220 101-430-3100-41230 101-430-3100-41300 101-430-3100-41510 101-430-3100-42000 101-430-3100-42150 101-430-3100-42210 101-430-3100-42230 101-430-3100-42400 101-430-3100-43030 101-430-3100-43150 101-430-3100-43210 101-430-3100-43230 101-430-3100-43310 101-430-3100-43630 101-430-3100-43810 101-430-3100-43840 101-430-3100-44010 101-430-3100-44030 101-430-3100-44040 101-430-3100-44170 101-430-3100-44300 101-430-3100-44330 101-430-3100-44370 101-430-3100-44380 3100 3120 101-430-3120-42120 101-430-3120-42210 101-430-3120-42240 Public Works Public Works Full-time Salaries Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Shop Materials Equipment Parts Building Repair Supplies Small Tools & Minor Equipment Engineering Services Contract Services Telephone Radio Mileage Insurance Electric Utility Refuse Repairs/Maint Bldg Repairs/Maint Imp Not Bldgs Repairs/Maint Eqpt Uniforms miscellaneous Dues & Subscriptions Conferences & Training Clean-up Days Public Works Streets Fuel, 011 arid Fluids Equipment Parts Street Maintenance Materials 2011 Budget $200.00 $500.00 $97,428.00 $2,500.00 $2,500.00 $150.00 $12,600.00 $100.00 $12,850.00 2011 Year -to -Date (06/30/11) $0.00 $85.00 $40,876.63 $5,250.00 $5,250.00 $0.00 $444.00 $0.00 $444.00 - $1070,-422.00' • ',$213,98000 $126,033.00 $12,824.00 $10,067.00 $8,609,00 $2,013.00 $38,177.00 $13,946.00 $500.00 $4,000.00 $0,00 $1,000.00 $3,000.00 $1,000.00 $7,500.00 $6,375.00 $500.00 $100.00 $15,670.00 $25,000.00 $1,800.00 $1,500.00 $0.00 $6,000.00 $1,675.00 $2,000.00 $150.00 $1,000.00 $7,500.00 $297,939.00 $30,000.00 $8,500.00 $15,000.00 $59,848.61 $0.00 $4,338.92 $3,466.96 $810.76 $16,215,32 $11,376.00 $0.00 $739.59 $1,505.22 $277.46 $728.11 $851.64 $677.70 $4,030.11 $0.00 $0.00 $13,274.00 $9,296.63 $1,229.02 $1,811.55 $11,779.00 $548.65 $857.01 $20.25 $60.00 $620.00 $0.00 $144,362.51 $13,287.53 $964.24 $3,939.12 2011 Percentage of Budget 0.0% 17.0% 42.0% 210.0% 210.0% 0.0% 3.5% 0.0% 3.5% 2010 Year -to -Date (06/30/10) $0.00 $155.00 $35,290.92 $5,250,00 $5,250.00 $0.00 $3,335.00 $0.00 $3,335.00 :,200% $215,742:18 47.5% 0.0% 43.1% 40.3% 40.3% 42.5% 81.6% 0.0% 18.5% 0.0% 27.7% 24.3% 85.2% 9.0% 63.2% 0.0% 0.0% 84.7% 37.2% 68.3% 120.8% 0.0% 9.1°A 51.2% 1.0% 40.0% 62.0% 0.0% 48.5% 44.3% 11.3% 26.3% $53,064.64 $0.00 $3,707.59 $3,127.39 $731.46 $18,580.40 $13,541.00 $108.41 $542.10 $0.00 $0.00 $914.91 $462.85 $721.30 $3,406.79 $0.00 $0.00 $14,156.37 $10,152.97 $855.48 $2,027.93 $0.00 $519.77 $926.06 $267.98 $0.00 $875.09 $0.00 $128,690.49 $10,077.41 $1,187.82 $1,871.82 Quarterly Report Quarterly Report 07/22/2011 11:40 AM Periods 01 to 06 Fiscal Year 2011 to 2011 Account Number 101-430-3120-42260 101-430-3120-43150 101-430-3120-44040 3120 3125 101-430-3125-42250 101-430-3125-42290 101-430-3125-43150 101-430-3125-44040 3125 3160 101-430-3160-43810 3160 3200 101-430-3200-42100 101-430-3200-43090 101-430-3200-44300 3200 3250 101-430-3250-43150 3250 430 450 5200 101-450-5200-41010 101-450-5200-41030 101-450-5200-41210 101-450-5200-41220 101-450-5200-41230 101-450-5200-41300 101-450-5200-41510 101-450-5200-42000 101-450-5200-42120 101-450-5200-42150 101-450-5200-42160 101-450-5200-42210 101-450-5200-42230 101-450-5200-42250 101-450-5200-42400 101-450-5200-43210 101-450-5200-43310 101-450-5200-43630 101-450-5200-43810 101-450-5200-43840 101-450-5200-44010 101-450-5200-44030 Description Sign Repair Materials Contract Services Repairs/Maint Eqpt Streets Ice and Snow Removal Landscaping Materials Sand/Salt Contract Services Repairs/Maint Eqpt Ice and Snow Removal Street Lighting Street Lighting Street Lighting Recycling Recycling Supplies Newsletter Miscellaneous Recycling Tree Program Contract Services Tree Program Public Works Culture, Recreation Parks & Recreation Full-time Salaries Part-time Salaries PERA Contributions FICA Contributions Medicare Contributions Health/Dental Insurance Workers Compensation Office Supplies Fuel, Oil and Fluids Shop Materials Chemicals Equipment Parts Building Repair Supplies Landscaping Materials Small Tools & Minor Equipment Telephone Mileage Insurance Electric Utility Refuse Repairs/Maint Bldg Repairs/Maint Imp Not Bldgs 2011 2011 2010 2011 Year -to -Date Percentage Year -to -Date Budget (06/30/11) of Budget (06/30/10) $3,000.00 $0,00 0.0% $2,398.93 $16,500,00 $1,112.40 6.7c/. $2,548.25 $5,000.00 $4,676.45 93.5% $71.60 $78,000.00 $23,979.74 30.7% $18,155.83 $1,000.00 $445.57 44.6% $301,82 $65,000.00 $36,579.93 56.3% $57,410.89 $7,500.00 $5,254.80 70.1% $0.00 $2,500.00 $387.26 15.5% $1,694.64 $76,000.00 $42,667.56 56.1% $59,407.35 $24,000.00 $24,000.00 $3,500.00 $4,000.00 $7,500.00 $15,000.00 $10,500.00 $10,500.00 $14,814.75 $14,814.78 $970.78 $0.00 $358,03 $1,328.81 $4,575.00 $4,575.00 61.7% 61.7% 27 .7°/. 0.0% 4.8% 8.9% 43.6% 43.6% $9,304,22 $9,304.22 $0,00 $931.96 $12.24 $944.20 $6,988.00 $6,958.00 $501;439.00 •$231,728.40 " 46:2% ' -4223,490.'09 $77,977.00 $31,713.83 $31,162.00 $10,371.23 $7,912.00 $2,859.35 $6,767,00 $2,512.09 $1,583,00 $587.58 $14,852.00 $6,248.93 $8,426.00 $6,994.00 $300.00 $0.00 $3,000,00 $0.00 $750.00 $128.55 $1,000.00 $79.64 $2,500.00 $286.69 $500.00 $0.00 $3,500.00 $40.01 $1,000.00 $0.00 $550.00 $278,02 $100.00 $0.00 $5,500.00 $3,595.00 $10,164.00 $4,752.77 $2,500.00 $1,229.02 $700.00 $0,00 $4,000.00 $43,18 40.7% $30,208.15 33.3% $8,392.35 36.1°4 $2,465,02 37.1% $2,329.55 37,1% $544.82 42.1% $7,079.64 83.0% $7,253.00 0.0% $0.00 0.0% $0.00 17.1% $0.00 8.0% $0.00 11.5% $342.17 0.0% $220.17 1.194 $0.00 0.0% $369.79 50,5% $78.55 0.0% $0.00 65.4% $4,968.73 46.8% $4,756.22 49.2% $795.48 0.0% $0.00 1.1% $7,571.72 Quarterly Report Quarterly Report 07/22/2011 11:40 AM Periods 01 to 06 Fiscal Year 2011 to 2011 Account Number 101-450-5200-44040 101-450-5200-44120 101-450-5200-44300 5200 450 Description Repairs/Maint Eqpt Rentals - Buildings Miscellaneous Parks & Recreation Culture, Recreation 493 Other Financing Uses 9360 Transfers Out 101-493-9360-47200 Transfers Out 9360 Transfers Out 493 Oth erFitianding Uses 'Expense 101 General:Fund 2011 2011 2010 2011 Year -to -Date Percentage Year -to -Date Budget 06/30/111 of Budget (06/30/10) $2,000.00 $0.00 0.0% $0.00 $5,000.00 $1,272.16 25,4% $1,751.77 $1,500.00 $0.00 0.0°/c $144,00 $193,243.00 $72,992.05 37.8% $79,271.13 -$193,243.00 $72,992.05 37.8% '$79,271.13 $182,000.00 $182,00200 $0.00 0.0% $8,000.00 $0.00 0.0% $8,000.00 '$1 i000:00 $0:00 0.0% :$8;006,00 $2,919,22300 : 1,0184991:32 :34:9P/0 $957,701:26 .$714920.27 1 0.0% $7 , :98 7 1 CITY °LAKE ELMO ,,.. 4AYOR & COUNCIL COMMUNICATION DATE: 8/9/2011 REGULAR ITEM #: 9 MOTION Resolution No. 2011-31 AGENDA ITEM: Minnesota Blue Star Award Program — Receipt and Presentation of Award to the City of Lake Elmo SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Bruce A Messelt, City Administrato REVIEWED BY: Ryan Stempski, Assistant City Engineer Kyle Klatt, City Planner SUMMARY AND ACTION REOUESTED: The Mayor and City Council are respectfully requested to adopt Resolution No. 2011-31 recognizing the City of Lake Elmo with the Blue Star Award for Excellence in Community Stormwater Management. Following a brief introduction by City Staff and Council Member Emmons, Mr. Trevor Russell, Program Administrator for the Minnesota Blue Star Award Program, will present the Award to the City. BACKGROUND INFORMATION: The Minnesota Blue Star Award Program is awarded to cities and townships that excel in protecting water quality by effective stormwater management practices and policies. Cities receiving the award are recognized as communities that are taking a leadership role in protecting Minnesota's water resources and public health through excellence in stormwater management. The program is available to all communities who volunteer to take the online self -assessment which evaluates the City's current stoiiiiwater management policies and performance based on key stormwater indicators like development codes, site -design guidelines and post -construction stormwater management standards, The Blue Star Award lasts for 3 years from the date of recognition. After 3 years, a community will be asked to conduct the assessment again to maintain their Award certification. By regularly amending the Blue Star assessment to incorporate advancements in municipal stormwater management, the Blue Star Program can continue to encourage cities to improve their overall stormwater management performance in order to maintain recognition as a Blue Star Award Community. page 1 -- City Council Meeting August 8th, 2011 Presentation and Receipt ofMinnesota Blue Star Award Regular Agenda Item it 9 Partners & Sponsors: The Blue Star Program is brought to you by Friends of the Mississippi River in partnership with Emmons & Olivier Resources, Inc. 11 1111111111 STAFF REPORT: With City Council support, City staff recently completed the Blue Star Award Program self -assessment. Upon completion Lake Elmo received a high score of 71% and subsequently earned the Blue Star Award, Lake Elmo currently ranks as the third highest scoring community out of the 42 cities that have registered for the Blue Star Award Prograxn. In addition, Lake Elmo is the only Minnesota City to score in the top 5 overall in each of the three sections of the Blue Star Assessment. Lake Elmo is proudly displayed on the Blue Star Leaderboard found at www.bluestannitom/leaderboard, and the City is recognized for its award at tato ://bluestarmn.ora/news. RECOMMENDATION: Based upon the above background information and staff report, it is recommended that the City Council adopt Resolution No. recognizing the City of Lake Elmo with the Blue Star Award for Excellence in Community Stoiniwater Management by undertaking the following action: "Move to approve Resolution No. 2011-31, recognizing the City of Lake Elmo with the Blue Star Award for Excellence in Community Storntwater Management." page 2 — City Council Meeting Presentation and Receipt of Minnesota Blue Star Award August 8th, 2011 Regular Agenda item # 9 Alternatively, the City Council does have the authority to further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve Resolution No. 2011-31, recognizing the City of Lake Elmo with the Blue Star Award for Excellence in Community Stormwater Management [as amended and/or modified at tonight's meeting]." ATTACHMENTS: 1. Resolution No. 2011-31 2. Congratulations Letter from Mr. Trevor Russell SUGGESTED ORDER OF BUSINESS: Introduction of Item ..... City Engineer and Council Member Emmons Report Trevor Russell, MN Blue Star Program Administrator Questions from Council ..... ................. ...... . Call for Motion Discussion Action on Motion Presentation of Award to Council ... Mayor & Facilitates Mayor & City Council Mayor Facilitates Mayor & City Council Mayor & City Council page CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2011-31 A RESOLUTION RECOGNIZING THE CITY OF LAKE ELMO WITH THE BLUE STAR AWARD FOR EXCELLENCE IN STORMWATER MANAGEMENT WHEREAS, the Blue Star Award Program aims to provide Minnesota communities that excel in stormwater management the positive public recognition they deserve; AND WHEREAS, the City of Lake Elmo has completed the program self -assessment and has achieved the third highest score ofall 42 cities that have completed the program assessment; AND WHEREAS, the City of Lake Elmo has earned special recognition as the only Minnesota City to score in the top 5 overall in each of the three sections qf the Blue Star Assessment; NOW, THEREFORE, BE IT RESOLVED, that the City of Lake Elmo does hereby recognize Lake Elmo's achievement of the Minnesota Blue Star Award for excellence in stormwater management, and be it further resolved that the City of Lake Elmo; I. Appoints its City Engineer to serve as the Community's Blue Star Award liaison to ,facilitate increased public awareness of the Community's achievement; and 2. Will facilitate the involvement of community members and other units of government as appropriate in recognizing the Community as a recipient of the Blue Star Award; and 3. Plans to publicly recognize our status as a Blue Star Award -winning Community by placing a notice on the Community website, an article in the Community newsletter, and will display the Blue Star Award,for public view at City Hall. Date: ATTEST: Bruce A. Messelt City Administrator , 2011 CITY OF LAKE ELMO By: Dean A. Johnston Mayor Resolution No. 2011-31 CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Lake Elmo at a duly authorized meeting thereof held on 9th day of August 2011, as shown by the minutes of said meeting in my possession. Sharon Lumby City Clerk S Resolution No, 2011-31 2 THE 3LUE ST A RD PROGRAM Dear Ryan, 60 North Robert Street #400 .Saint Paul, MN 55101. (651) 2'...!'2-21E.)3 Ext.:18 - Fax: ((451) 222-6005 info@btuestartnn.org Recognizing Excellenceln Community Stormwater Management I am writing you to congratulate the City of Lake Elmo on winning the Blue Star Award for Excellence in Community Stormwater Management. Your community's achievement is a reflection of your remarkable,commitment to preserving and protecting Minnesota's water resources, As Minnesota communities look to protect our lakes, streams, and wetlands from stormwater pollution, It Is my hope that they will look to Lake Elmo as model for excellence in stormwater management. I want offer you special oongratulations es:one-the-highest scoring- communities in the state of Minnesota on the Blue Star Assessment; Lake -Elmo current ranks as the thirolebtgbest,scoring,..cernmetty out of the 42 Cities that have registered for the Blue -Star Award -Program. -In 'addition, Lake Elmo earns 'special -recognition asthe PrOY MinneseiReellYite,egOraillithelep.,5pyerall in eaoh of the three sections of the Blae,Star Asees_emerg, This achievement ietruly outstanding. Lake Elmo Is new proudly displayed on the Blue Star vvebsite Leaderboard. Congratulational I've included several items to commemorate your achievement: • Your Blue Star Award for public display • A Certificate of Award you can proudly post in your office • Blue Star Award buttons to share with your staff or wear at public events • Ten copies of your Be Star Award Posters (separate parcel) I encourage you -to visit your awards page at www.bluestarmn,org. The awards page can be viewed by logging in to wvvw.blueetarmn.org and visiting your "dashboard"`through the link on the right hand side column. Your awards page has editabie tools — like draft press releases, newsletter articles, and utility bill inserts --- that you can use to publicize your Award. These materials will be updated periodically and we'll be sure to let you know when new materials are available for -use. look forward to working with you to present the Blue Star Award to your mayor and city Council members later this summer. In the interim, If you wish to work with Blue Star Award program staff to spread the word .about your award -winning status, please don't hesitate to contact me. I am happy to lend a hand in any way necessary to help publicize your achievement. Again, oongratulations.on your Blue Star Award and thank you'for your efforts to -protect, preserve and enhance Minnesota's water resources. Best Wishes, Trevor A. Russeli Program Administrator - Minnesota. Blue Star Award Program Phone: 651-222-2193, ext. 18. Email: info@bluestarmn.org T11 BLUE STAR AWARD cuiziIIrAcTlictieciII Conimmily tilmiliwata hlttongcmont AYOR & COUNCIL COMMUNICATION DATE: 8/09/2011 REGULAR ITEM #: 10 DISCUSSION AGENDA ITEM: Update on "No Wake" Provisions on Area Lakes SUBMITTED BY: Mike Bouthilet, Public Works Director THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REOUESTED: The Lake Elmo City Council is respectfully requested to receive an update on recent changes to "no wake" regulations on area lakes. No Council action is requested at this time, as the City's Ordinance provisions are currently under review by the Minnesota Depaitinent of Natural Resources (DNR) and Valley Branch Watershed District. BACKGROUND INFORMATION: Recent high water conditions led to City Council consideration of establishing "slow, no wake" provisions on area lakes, until such time as water levels recede. The City of Lake Elmo has had "slow, no wake" restrictions in the past, during similar high water periods. Council action on July 19th, 2011 established a high water "slow, no wake" provision for area lakes. Working with the Valley Branch Watershed District, the Ordinary High Water (OHW) mark was selected to be the benchmark for triggering such "slow, no wake" situations, Other jurisdictions have utilized this objective marker and, in consultation with the DNR, have found it an effective provision. New readings of current lake levels were to be undertaken on August 1st, weather permitting. Council action resulted in the imposition of an advisory "slow, no wake" zone on lakes Olson and Demontreville for approximately 3 days. Lakes Jane and Elmo did not reach the OHW during these past rain events. The Washington County Sheriff s Department was consulted regarding enforcement of such regulations and only warnings were issued to area boaters. Temporary signs were ordered and posted at the public boat landing. Once the water level receded to the triggering level, the temporary signs were removed and the City utilized the CodeRed communication system to alert lakeshore residents, -- page 1 -- City Council Meeting „ August 9th, 2011 )Wake Provisions on Area Lakes - Update Regular Agenda Item # 10 The advisory nature of this past effort was due, in large part, to the State of Minnesota's shutdown and the unavailability of the State DNR — which has oversight authority - to approve the proposed Ordinance language. Upon their return to work, DNR officials worked with the City for temporary approval of the "slow, no wake" provisions while the entire Ordinance is reviewed by DNR (not done since the 1980's). STAFF REPORT: Resident comments were received from the Lake Olson/Demontreville area regarding both enforcement and relaxation of "slow, no wake" provisions during the recent high water event. Requests for enforcement of "slow, no wake" provisions were also received from residents along Lake Elmo. The City was asked to participate in a meeting of the Lake Demontreville/Olson Associations' Board of Directors' meeting to discuss concerns over the imposition of an OHW-triggered "slow, no wake" zone. Other considerations/updates: The City has received temporary approval by DNR of the "slow, no wake" provisions until a more comprehensive review of the entire Ordinance can be undertaken by the City, Valley Branch and DNR; • Utilization of the CodeRed system was highly effective in communicating the status of the "slow, no wake" zone during high water. In addition to signage changes and other public postings, use of such is recommended for both the start and stop of any future "slow no wake" zone impositions; • Concern exists among Lake Olson/Demontreville homeowners with utilization of the current OHW of 929.3 ft, versus the past OHW of 930 ft, as well as over the outcome of past community discussion regarding shore land protection ordinance provisions. While this rain event exceeded the 930 ft level, additional discussion should take place among DNR, Valley Branch, the City, and residents regarding the correct OHW for these lakes. RECOMMENDATION: It is respectfully recommended that the City Council consider the information contained in this update and provide any additional comment or direction, as appropriate, regarding the planned Ordinance review with DNR, Valley Branch and residents. ATTACHMENTS: 1. Current "No Wake" Ordinance 2. Temporary Approval Letter from DNR 3. Lake Level Information from Valley Branch Watershed District 4. Letter from Lake Demontreville/Olson Association page 2 — City Council Meeting August 9th, 2011 No Wake Provisions un Area Lakes - Update Regular Agenda Item 10 SUGGESTED ORDER OF BUSINESS: Introduction of Item City Staff Questions from Council to Staff Mayor Facilitates Public Input, if Appropriate ...................... ........ Mayor Facilitates Discussion Mayor Facilitates Direction, if appropriate Mayor & City Council -- page 3 -- CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-050 AN ORDINANCE TO ALLOW THE CITY COUNCIL TO EXTEND THE "NO WAKE" REQUIREMENTS UNDER THE WATER SURFACE USE ORDINANACE Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 97.21 subdivision (B) is hereby amended to read as follows: (B) Hours of operation. (1) Normal Conditions - No person shall operate any motorboat at a speed other than a slow, no -wake speed between sunset and noon the following day. (2) High Water Conditions - No person shall operate any motorboat at a speed other than a slow, no -wake speed when a lake level exceeds the ordinary high water mark. (3) Other Conditions — Alternative or modified no -wake time periods may be established by the City Council by Resolution as part of a special event or other condition, No person shall operate any motor boat in a mariner which creates a wake when no -wake signs are posted. Section 2. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-050 was adopted on this 19m day of Ju y, Ayes and GNays, Mayor Dean Johnston ATTEST; Bruce A. Messelt, Cit' Administrator This Ordinance No.?;- SO was published on the 2,14I' day of july, 2011 vote o Minnesota Department of Natural Resources 500 Lafayette Road • St. Paul, MN • 55155-4044, August 1, 2011 Mr, Bruce A. Messelt City Administrator City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, Minnesota 55042 Mr. Messelt: innesot DEP4FTMETcIF NATURAL R Department of Natural Resources (DNR) staff has now completed review of the materials received from your office on July 28th, requesting approval of a temporary amendment, regarding high water levels, to the Lake Elmo water surface use ordinance. The action by the City Council Ordinance 08-050 on, July 19, 2011 amends Section 5. (B.) (2) of the existing county ordinance regarding "High Water Conditions" This amends the Lake Elmo City Code to allow for imposition of a slow no -wake ordinance when the water levels exceed the Ordinary High Water (OHW) mark on Lakes Elmo, Jane, DeMontreville and Olson. After review, this action appears to be measured and reasonable, and therefore I am approving the amendment to the Ordinance, specifically 08-050(B) (2), as noted in the previous paragraph. This approval. however, is valid only through October 31, 2011. The City will have the responsibility monitoring lake levels, informing the public of the restrictions and enforcing the ordinance. The City also needs to work with our boat and water safety coordinator, Kim Elverum, on review and approval of a permanent ordinance that would comply with the surface use statutes and rules. Sincerely, Cl Jim -Konrad, Director Enforcement Division c: Capt. Greg Salo — DNR Region 3 Enf. Manger Lt. Jason Peterson — DNR District 14 Enf. Supervisor S t Jerry Cusick Washington Co. Sheriffs Office WSUM File www.dni.state.mn.us AN EQUAL OPPORTUNITY EMPLOYER ER CONTAINING A MINIMUM OF 10% POST -CONSUMER WASTE HIGHLIGHTS Valley Branch Watershed — Lake Levels, 2011 July 4, 2011 June's precipitation was 137% of average, There were no major changes in lake levels, with Horseshoe Lake's 0.84 foot increase being the largest. In factHorseshoe Lake is now slightly above overflow, but there isn't a substantial amount or water entering the upper storage site yet. On a yearly basis, all lakes are higher, but Horseshoe is up 7.15 feet and Olson & DeMontreville Lakes are up 3.6 feet from a year ago. Storage values in the Project 1007 lakes showed a decrease in storage of 185 acre feet since last month and a decrease of 2013 acre feet since July 1, 2010. In fact, this is the 2"d month with negative storage values in the Project 1007 lakes. Long Lake O+D Jane Eagle Pt Elmo Acres Overflow Level Acre ft, Elev. Storage 90 937.50 938.75 -112.50 220 928.35 929,30 -209.00 -103.90 160 922.35 920.99 217.60 130 894.00 894.76 -98,80 274 884.10 884.04 16.44 - 0 Horseshoe 60 875.20 875.63 -25.80 Tri Lower Total Lakes Lakes 3/1/10 1122 752 1874 4/1/10 1019 774 1793 5/1/10 1074 920 1994 6/1/10 1051 943 1994 Storage 7/1/10 873 928 1801 Below 8/1/10 886 940 1826 Overflow 9/1/10 913 950 1863 10/1/10 697 894 1591 11/1/10 780 923 1703 4/1/11 310 262 572 5/1/11 -130 232 102 6/1/11 -73 46 -27 7/1/11 -104 -108 -212 Total -212,06 II 11.1111111 . VALLEY BRANCH WATER LEVELS DATE LONG O-D JANE SUNFISH EAGLE ELMO HORSE- DOWNS CLOVER -Mc. GaotscheIGRAVEL WLSS POINT SHOE DALE DONALD POND PIT LOWER 2007 1/1 937.13 927,69 '921.31 <893 884.20 874.01 886,13 901.73 886,91 864.70 852.20 2/1 936.79 927.34 921.29 <693 884,20 874.18 886.41 901.34 887.08 . 3/1 936.77 927.31 921.38 <893 884.24 874.19 886.00 901.39 886.59 4/1 938.388 927.78 921.70 894.73 884,46 875,90 889.73 1302,49 887,31 865,81 E156,08 5/1 936.05 927.95 921.64 893.63 893.92 884.25 875,41 889.15 902.31 887.20 864,97 858,30 8/1 937,90 927.93 921.58 893.45 893.63 884.24 874.73 888.68 902.11 887.06 864.97 855.02 7/1 937.07 927.43 921.14 892.91 <893 883,80 873.80 887,94 901.39 686.38 864.72 852.00 8/1 936.27 926,79 920.86 892.31 <893 883.51 873.04 887,10 901.67 885.67 9/1 938.91 926.79 920.72 892,35 <893 883.64 873.09 886.77 902.31 886.75 10/1 937.86 926.90 920,92 892.45 883,76 873,19 886.80 902.75 886.92 10/27 938.60 927.45 921.06 892,60 894,28 883.90 874.06 886.85 903.29 886.28 12/1 937.63 927.07 920.86 892.29 893.64 883.60 873.50 886.73 902.69 885.94 2008 1/1 937.49 927.47 920.97 893.58 883,75 873.74 886.63 902.67 2/1 937.24 927.30 920.86 <893 883.70 873.54 886.09 3/1 936.89 927.16 920.87 <893 883.67 873.22 886.35 4/1 937.35 927.26 920.96 893.39 883,92 873.42 886.41 5/1 939.05 928,24 921.40 891.84 894.47 884.17 875.52 886,84 6/1 939.09 928,90 921.39 891.74 894.18 884.20 875.41 886,67 7/1 938.07 928.75 921,34 891.60 894.15 884.14 875,41 886.43 811 937,33 928.31 921.02 891.15 893.20 883.83 874.36 886.24 9/1 936.77 927.87 920.76 890.90 <893 883.71 873,80 865.41 10/1 938,61 927,58 920,68 890,47 883,56 873.26 885.17 11/1 936.43 927.32 920.52 889.37 883.54 872,96 884.79 12/1 936,41 927.08 920.52 883.58 872.78 884.75 2009 1/1 936.18 927,23 920.58 883.43 872,66 884.94 2/1 935.92 926.96 920.55 883.44 872.45 804,74 3/1 935.81 927.02 920,62 883,48 872,43 884.64 411 936.82 927.13 920,73 883,58 872.58 687,91 5/1 938,60 927.09 920,53 883.49 872.24 887.39 6/1 936.03 926.58 920.11 882.94 871.61 886.89 7/1 '935.84 926.30 919,91 882.82 871.22 888.69 8/1 - 935.48• 925.91 919,61 882,58 870.71 886.06 9/1 936.56 925,97 919.74 882.70 870,06 888,28 10/1 935.90 925.53 919.36 882.34 870.14 885.74 11/1 937.34 925.89 919.81 882.65 871.53 885.86 12/1 937.12 925.45 919.76 882.69 871.04 886.04 2010 1/1 937.08 925.67 919.96 882.72 871.14 886.14 2/1 936.67 925,58 919.91 3/1 936,45 925,49 919.86 4/1 937.35 925.50 919.90 882.66 871.05 885.85 5/1 937,31 925,35 919.87 888.86 882.64 868.70 884.82 6/1 937.49 925,38 919.87 888.75 882.60 868,50 884.60 7/1 938.46 925.70 920.00 888.75 882.66 868,48 884.50 8/1 937.62 926.05 919.91 888.54 882.62 868,46 884.37 9/1 937.35 926.08 919.85 888.49 882.56 868.56 884,59 10/1 938.52 928.46 920.02 888.74 882.70 888.86 884.57 11/1 937,76 926.56 919,79 888.54 882,60 888.84 8134,37 12/1 937.74 926.52 919.79 2011 411 939,14 927.79 920.26 804.45 8E33.68 871.78 886.16 5/1 940.07 929.14 920.67 889.62 894.58 883.53 872.68 885.42 6/1 938.99 929,22 920.77 889.78 894.55 883.76 874.79 885.32 Tfl 938,77 929.30 920.99 890.00 894.76 884.04 875.63 885.22 Month dlff. -0.22 0.08 0.22 0.22 0.21 0.28 0,84 -0.10 Year DIff, 0,31 3.60 0,99 1.25 1.38 7.15 0.72 Overflow 937,50 928.35 922,35 927.80 894.00 884.10 875,20 891,50 906.50 908.50 929.50 865,70 861.00 Narrie Address iaion of ;Adds, Inc. Cherie Taylor 4677 Birchbark Tr. No. MINNESOTA CLIMATOLOGICAL NETWORK %min ()b Time am pm County Go i rrily Nam Washington Lake Elmo, Minn. 55042 24 -HOUR AMOUNTS Al II*: e;v:h month. lorward forms V.) GiOrq 0111IMo Stoto Climatology MFLTEri D.:Dortrneri Rebourcus Sr ;OW 4N:A c-oRnotND Onivt:r !illy '2)1 Minne5ola.. 27D North Hail NC SI Pont. Maiaesota 55108 kzz - 01 02 03 04 05 06 07 08 09 10 11 12 13 ' 4 6 7 8 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTALS To Airship REMARKS: Give timeb and c.ornments t)OIII event,. (Temperature and Phenology Items are very useful), Township Name Tel cece 7t,-)7_ 29 7 9 1 Type of Gauget(ChecR One) CyI Wedge Test Tubei Other lokm Pmst0HW CurremtOHW Olson-DeW1ontrevU|e 93O.O(up until 929.3 1 \ ' Jane 924.0 Bnnn 8Q6.D(based ona DNR bench mark) 924.0 085.6(corrected tu19Z9 datum around 2OOS) JUL 1/ UL25gNmterLewa| 920'99/922.1 (+/-0.1) 936 934 932 930 928 ..,z; 926 Uj 924 922 920 918 0) Spring Drawdowns Date CI ✓ CD Cst 100-Year Flood Level Discharge Elevation Current OHW 929.3 LAKE DEMONTREVILLE & LAKE OLSON WATER LEVELS Valley Branch Watershed District ) LAKE DEMONTREVIL[c/OLSON ASSOCIATION ? JUL1 U U1Y °�� ^* ^"" To: Bruce Mssselt City ofLake Elmo Administrator Thanks for attending the Lake Demontreville/Olson Association meeting last Friday. The meeting was held in response to concerns regarding the recent No -Wake rule Imposed on our lakes by the City of Lake Elmo. Our Association represents the 124 lakeshore property owners on Lake Demontreville and Olson. It is independent of the Tri Lakes Association, although many of our members are also members of that community organization. This letter is to let you know that the Lake De[nontreviUe/O|oon Association opposes the No -Wake level metinthe0rd|nancepassedattheTUenday,Ju|y1ELZO11[ounci|meutin&andthatvxeherebyasktha1it hochanged from 929.3ftto92Oft. VVefeel the 93Oftlevel isconsistent with the intent ufthe [ity's "3O7Shoreline Ordinance" committee from 1S9Z. Also, our Association requests that lakeshore homeowners be alerted of any future No -Wake action via the new automated Lake Elmo phone notification xystem.]naddition to postings at the Lake DennontnevU|e boat landing. Bruce, would you p|eoaelinformthe City Council ofthe above requests and let rneknow what more b required ufour Association toassure the changes are implemented. y1p on this matter and for your service to our City, , President, Lake Demontreville/Olson Association Attachments: 1. Lake Demontreville/Olson Association, minutes of July 25,2011 Board meeting. 2. Lake Demontrev|Ue/O|sonAssodation, July 25,2D11 Lake Level Resolution. 3. Lake DemontreviUe/O|xonLake Level history chart . LAKE DEMONT E/O|SON ASSOCIATION A special emergency meeting of the Lake Demontreville/Olson Association Board of Directors was held at 12:00noon on Friday, July 22, 2011 in response to concerns regarding the No -Wake rule imposed on our lakes by the City of Lake Elmo, The meeting was attended by Board members Roger Johnson, Pat Dean, Larry Paul, Ron Gritzmaker, Bill Rowe, Terry Lizakowski, and other members Bill Rowe, Dick and Karen Nelson, Carrie Berg -Prentice, and Oenise8ozak. Bruce Messe|t, Lake Elmo City Administrator also attended. Pat Dean presented water elevation data and reported that the City's 307 Shoreline Ordinance adopted |n1992set the No -Wake elevation atthe then agreed Ordinary High Water (OHVV) level of93Ofeet, The highest water mark registered after last week -ends storm was under that level at 929.7 feet. So, bvthat standard, the City should not have taken any No -Wake action. BruceK4esseJtrepnrtedthatthe[itvhadpaosedtheNn4NekeOrd|manoeattheTuesday,]u|y19,ZO11 council meeting, |twas based onadownwardly revised 929.3OHM set ioZDO9bvthe DNR. The City posted a sign at the public landing on Thursday declaring that No -Wake was allowed on Lake DemontraviUeand Olson per the new ordinance. Bruce further reported that the lake level had fallen under,the929.3level on Friday, sothe City was inthe process ofremoving the No -Wake signs nnFriday afternoon. As the imminent concern regarding the City's No -Wake rule was no longer an issue, Pat Dean made a motion that the Lake Dennontrevi/le/O|snn Association recommend that the 93Uft level as the point where the City would impose the No -Wake rule rather than the new downwardly revised 929.3 DNR level used for last Tuesday's Council action. The motion was seconded bvTerry Uzakow/ kiandavoteoftheattendingboardmenlbeo,anda subsequent phone poll of those board members who could not attend, produced a vote of 12 for, 3 against, and labstention. The motion therefore passes. Pat Dean volunteered to prepare a letter to the City regarding oV[ recommendation to use the 930ft OHVV as the trigger point for the No -Wake Rule. The letter will also request that |akeohore homeowners be alerted of any No -Wake action via the new automated Lake Elmo phone notification system ... in addition topostings atthe boat landing, The meeting was then adjourned, Respectfully submitted by, Roger Johnson, President LDOAsooc. LakeD8Montrev^Me/Olson Association Lake LeVe| Resolution—Friday]u|y2Z,ZD11 ` -An emergency meeting of the Board of Directors was called on this date to address an Ordinance that was passed onJuly 19,ZO11bythe Lake Elmo City Council declaring a"No'VVake"condition onvarious lakes |nthe City ofLake Elmo, Our Association's Board isonly concerned about the effects nfthis Ordinance on the lakeshore homeowners on Lakes Demontreville and Olson. The Board ofDirectors, after lengthy discussion, passed a resolution in support of imposing a "No -Wake" condition when water levels are expected to exceed the elevation of 930, NGVD-1929 feet for several days. Backnroun6 On7/7Q/1984the State of Minnesota determined that the Ordinary High Water (OHW) for these lakes was 930. In 1987 the Valley Branch Watershed District completed the Project 1007 which lowered the runoutelevation Vfthe lake from 92Q.7toB28.76. On November 2O,2OO7the State ofMinnesota again reviewed the OHVVand determined that the new OHVVisS2B.3. |nthe Stote'sDecember 11,2OU7 memo they state: "The lower runout elevation has been In place for 20 years. The highest water level over that period of record (1988'2007) ix929.81, orl.O3 feet lower than the highest recorded water level for the period ofrecord preceding the new outlet structure (196O'1987). Based onthe length of time the new structure has been in place and the corresponding water level data, a re-evaluation of the OHVVlevel iswnrranted.""..the appropriate OHVVlevel ofOlson and DanmontreVU|eLake ... \a929.3'. Presently the 1DUyear flood level isset at931for the lakes. Given that almost all the properties on these takes were built before 29O4and that most homeowners understand that the lakes dnrecede fairly quickly after a rain event, the 938 level is warranted. Current Conditions The most recent water levels taken at the weir by Mr. Chuck Taylor are as follows: 4/1/11 927.79 5/1/11 929.14 6/1/11 9I9.22 7/1/I1 929.30 7/22/11929.76 7/24/11929.66AKX 7/24/I1929.50PK8 Given the rainy ^ Spring and large rainfall events in July, 2011 the Lakes stil] have not reached any major flood stage /931 ' 0earflond|eVe|o[92g.7theo|dout|et|eve|\fnrapro|ongedper1odoftinne. The City Council has set the Ordinance too low for recreational boaters to use the lake at the 929.3 level, Under this new level, both the Public and the Lake owners would be denied access to the lake for pleasure boating for weeks at atime. |nfact, ifYou impose the new Ordinance onhistorical lake levels, the lake use would have been restricted for most of1980'1987. |naddition, there would have been several times |n1994.l98D,1999,2OO2,2OU3,2OD4and 2OO6(see chart) where the restriction would have applied. Given the latest readings, lake access under the new Ordinance, would have been restricted from approximately June 15m (July present u|y 25,h ), Reauest of the Lake Elmo CItv Council The Board of Directors in a vote of 12 for, 3 against, and 1 abstention, on Friday, July 22, 2011, resolves the following: 1. The board requests that the Ordinance be changed to use the level of 930 feet, NGVD-1929 as the elevation before a "No -Wake" can be imposed on Lakes DeMontreville and Olson. And \naunanimous vote; 2. That the City of Lake Elmo contact the Lake DemontrevU}e/O|oon property owners before a "No - Wake" restriction is imposed, and again when it has been lifted. The Board also requested that any proposed changes to lake usage be senttothe Board before Ordinances are passed. Respectfully submitted, Pat Dean, LDO Association Board Member z ‘• m gni mr m m m- go D. 2 1/1/1962 1/1/1964 -I 1/1/1966 1/1/1968 1/1/1970 1/1/1972 - 1/1/1974 - 1/1/1976 - 1/1/1978 1/1/1980 - 1/1/1982 - 1/1/1984 - 1/1/1986 1/1/1988 - 1/1/1990 - 1/1/1992 - 1/1/1994 - 1/1/1996 - 1/1/1998 - 1/1/2000 - 1/1/2002 - 1/1/2004 - 1/1/2006 - 1/1/2008 - 1/1/2010 - 1/1/2012 Elevation (ft, MSL) co N) co (0 papid woo zool. pefoJ rLAKE CITY OF RAOMAYOR 8c COUNCIL COMMUNICATION DATE: 8/9/2011 REGULAR ITEM #: 11 MOTION Ordinance No. 08-052 AGENDA ITEM: Consider Ordinance No. 08-052 - No Parking at Carriage Station Park SUBMITTED BY: Request of Mayor & City Council THROUGH: Bruce Messelt, City Administrator REVIEWED BY: Jack Griffin, City Engineer Sharon Lumby, City Clerk Mike Bouthilet, Public Works Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider Ordinance No. 09-052 regarding the proposed posting of "No Parking" signs at the access to Carriage Station Park. BACKGROUND INFORMATION & STAFF REPORT: This item has been scheduled at the request of the Mayor and City Council. It has been reported that cars are parking on Marquess Ave, blocking the asphalt trail going into the Park. If approved, the Public Works Depaitment would post two "No Parking" signs 45 feet apart, at the entrance to the Carriage Station Park. Posting "No Parking" signs at the trail access to the park is a legitimate, warranted request which would allow bikers and pedestrians safe passage into the park RECOMMENDATION: The City Council is respectfully requested to consider Ordinance No. 09-052 regarding the proposed posting of "No Parking" signs at the access to Carriage Station Park. The proposed motion to approve this action is as follows: "Move to approve Ordinance No. 08-052, directing that NO PARKING BETWEEN SIGNS be posted with a 45 foot interval at the asphalt trail leading into Carriage Station Park from Marquess Trail N., and that such be added to the City's official no parking zones." -- page 1 -- City Council Meeting -) August 9th, 2011 Ordinance No. p,052 - No Parking at Carriage Station Park Regular Agenda Item # 9 Alternatively, the City Council does have the authority to further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve Ordinance No. 08-052, directing that NO PARKING SIGNS be posted at [location], and that such be added to the City's official no parking zones." ATTACHMENTS: Ordinance No. 08-052 SUGGESTED ORDER OF BUSINESS.. Introduction of Item/Brief Presentation City Public Works Director Questions from Council to Staff... .......... ...... ........ ... Mayor Facilitates Public Input, if Appropriate ...... .......... ........ ......... ....... ..... Mayor Facilitates Call for Motion .. .......... , ............... „.....,......... ............. Mayor & City Council Discussion Mayor Facilitates Action on Motion Mayor & City Council -- page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 08-052 AN ORDINANCE ADDING CHAPTER 73, SCHEDULE 1: (PARKING PROHIBITED) TO THE LAKE ELMO MUNICIPAL CODE Section 1. Amendments: Chapter 73; Parking Schedules, Schedule 1: Parking Prohibited is hereby added to the Lake Elmo Municipal Code: to wit: 1. Two "No Parking Between Signs", 45 feet part, at the asphalt trail into Carriage Station Park, Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council on August 9, 2011. Dean A. Johnston, Mayor ATTEST: Sharon Lumby City Clerk Published in the Oakdale -Lake Elmo Review on the day of , 2011 CITY OF ' LAKE ELMO MAYOR & COUNCIL COMMUNICATION DA1E: 8/09/2011 REGULAR ITEM #: 12 DISCUSSION Ordinance No. 08-051 AGENDA ITEM: Hotel/Motel Water Rates — Discussion & Proposed Ordinance No, 08-051 SUBMITTED BY: Tom Bouthilet, Finance Director REVIEWED BY: Bruce Messelt, City Administrat t\\ SUMMARY AND ACTION REOUESTED: It is respectfully requested that the City Council receive an update on efforts to address issues related to water service to the Wildwood Lodge and discuss, if appropriate, Staffs evaluation of proposed alternatives to the City's commercial water rate structure to potentially address identified concerns with respect to hotel/motel water users. Additionally, if appropriate, the City Council may wish to consider the following motion: "Move to approve Ordinance No. 08-051A (or 08-051B), amending the 2011 fee schedule to include a Commercial Hotel/Motel Water Rate." BACKGROUND INFORMATION: On July 19th, 2011, the City Council discussed possible alternative domestic water rates for commercial hotel/motel customers. The City Council also reviewed past considerations relating to infrastructure integrity and billing practices. The City Council then directed that this item be placed on tonight's agenda. On July 5th, 2011, the City Council tabled discussion of this item, pending additional discussion with the Wildwood Lodge relating to past and current water service to the property. Additional discussions were held on July 14th, 2011, resulting in a consensus to share further information and meet again, if necessary, during the week of July 18th. On June 21st, 2011, the Lake Elmo City Council directed City Staff to evaluate two alternatives to address identified concerns with respect to hotel/motel water users. Some large commercials water users have reported significant increases in water bills, despite increased conservation efforts. Other considerations included limiting the potential alternatives to non -irrigation water consumption only and making any changes retroactive to January 2011, as well as reviewing the commercial water rate structure later in 2011. On April 19th, 2011, the City Council had directed Staff to evaluate and prepare for Council review possible changes to the City's Water rate structure to with respect to large Commercials -- page 1 -- City Council Meeting August 9th, 2011 Hotel/Motel Commercial Water Rates Regular Agenda Item # 12 water users. The current Water Conservation rate structure has been in place since December, 2009. STAFF REPORT: A majority of surveyed northern metro cities use the same Increasing Block Rates structure that this City adopted in December, 2009. The two identified potential alternatives for Hotel/Motel consumption include the following: Modified Commercial Water Rate Structure - As directed on June 21st, City staff further evaluated Option D, a modified commercial water rate structure, utilizing two plausible variations. A new commercial Hotels/Motel Water Rate structure could be as follows: ua 0 — 15,000 Gallons 15,001 — 30,000 Gallons 30,001 — 50,000 Gallons 50,001 — 80,000 Gallons 80,001 — 150,000 Gallons 150,000+ 0 — 15,000 Gallons $3.26 15,001 —30,000 Gallons $3.26 30,001*— 50,000 Gallons $3.77 50,001 — 80,000 Gallons $3.77 80,001 —150,000 Gallons $5.00 150,001 — 200,000 Gallons Over 200,000 Gallons (Quarterly domestic, non -irrigation usage only) $3.11 $3.26 $3.26 $3.77 $3.77 $5.00 Option D-1 applies a modified Water Conservation Rate structure, as presented to the City Council on June 21st, with four tiers, versus the current five. Under Option D-1, one customer is currently identified at potentially benefitting from a separate commercial Hotel/Motel water rate structure. The net revenue reduction is estimated to be $8,200 to the Utility for the 2011 billing period, or an approximately 25% reduction in currently -estimated revenues from this customer for this period. The identified Hotel/Motel customer has seen an approximately 100% increase in its water bill in both 2010 and 2011, as compared to 2009. With the rate adjustment utilized in Scenario #1, this customer's 2011 water bill is estimated to be 56% higher than 2009 (pre -water conservation rates). Option D-2 applies a slightly modified Water Conservation Rate structure than D-1, with four more evenly -dispersed tiers. Under Option D-2, again with only one currently -identified customer, the net revenue reduction is estimated to be $8,500 to the Utility for the 2011 billing period, or an approximately 26% reduction in currently -estimated revenues from this customer for this period. With the rate adjustment utilized in Scenario #2, this customer's 2011 water bill is estimated to be 53% higher than 2009 (pre -water conservation rates). Ordinance No. 08- 051A has been prepared for Council consideration, utilizing Scenario #2 and making billing adjustments retroactive to January 2011. -- page 2 -- City Council Meeting August 9th, 2011 Hotel/Motel Commercial Water Rates Regular Agenda Item # 12 "Multifamily" Commercial Water Rate Structure — As directed on June 21st, City staff further evaluated Option F, a Multifamily Commeroial Water Rate Structure. According to the Minnesota Department of Natural Resources, another acceptable Water Conservation Rate Structure exists for multiple -family dwellings. While not specific to hotels/motels, this rate structure takes into consideration the independent constunptive nature of each unit within a larger single -metered facility, as well as meeting space and offices. According to the MN DNR Guidelines: Multiple —Family Dwellings: Total water use in a multiple -family dwelling, which has only one water meter for the entire dwelling, may exceed that of a single-family dwelling. The statute does not require individual water meters for each residential unit within a multiple -family dwelling; however, the required conservation rate at which the multiple -family dwelling's water use is billed must consider the number of residential units within that multiple -family dwelling. Example: A four-plex uses a total of 18,000 gallons per month or approximately 4,500 gallons per residential unit. Water use for each residential unit falls within the first block (0-6,000 gallons) of the above Excess Use Rate example. A rate of $2.50/1000 gallons would apply up to a total use of 24,000 gallons for the multiple -family dwelling. Thereafter, the rate increases according to the rate schedule, always considering each residential unit as an individual user, For this customer, a preliminary calculation, using the Metropolitan Council's formula, yields 55 SAC (REC) Units, based upon the number of hotel rooms and square footage utilized for office space and meeting rooms. Swimming pools for hotel users and mechanical rooms are exempt from this calculation by the Metropolitan Council. It should be noted that the City does not envision creating, at this time, a Multiple -Family Dwellings' rate structure for other than commercial hotels/motels. A more general commercial (and/or residential) rate structure for Multiple-Farriily Dwellings would likely increase the number of affected customers. Utilizing Option F, the Multiple -Family Dwellings' approach, for the only currently -identified hotel/motel customer would yield an estimated net revenue reduction of $12,400 to the Utility for the 2011 billing period, or an approximately 40% reduction in currently -estimated revenues from this customer for this period. With this rate adjustment, this customer's 2011 water bill is estimated to still be 29% higher than 2009 (pre -water conservation rates). Ordinance No. 08- 051B has been prepared for Council consideration, utilizing the Multiple -Family Dwellings' approach and making billing adjustments retroactive to January 2011. Original "Tiered — Bulk" Options — At the request of the customer, City staff has also analyzed in greater detail the original options presented to the City Council for their consideration and identified on June 21st, 2011 as Option A and Option B. These are shown below: -- page 3 -- City Council Meeting August 9th, 2011 on 0 — 15,000 Gallons 15,001 — 30,000 Gallons 30,001 — 50,000 Gallons 50,001 — 80,000 Gallons 80,001 — 150,000 Gallons 150,000+ Hotel/Motel Commercial Water Rates Regular Agenda Item # 12 on 0 — 15,000 Gallons 15,001 — 30,000 Gallons 30,001 — 50,000 Gallons 50,001 — 80,000 Gallons 80,001 — 150,000 Gallons 150,001 — 200,000 Gallons Over 200,000 Gallons (Quarterly domestic, non -irrigation usage only) $3.26 $3.77 $5.00 $6.63 $3.26 $3.26 $3.77 $5.00 $3.26 $3.26 $3.26 Option A applies a modified Water Conservation Rate structure, as presented to the City Council on June 21st, with four five tiers, before dropping back to the Bulk Rate for usage over 150,000 gallons. Under Option A, one customer is currently identified at potentially benefitting from a separate commercial Hotel/Motel water rate structure. The net revenue reduction is estimated to be $14,900 to the Utility for the 2011 billing period, or an approximately 46% reduction in currently -estimated revenues from this customer for this period. The identified Hotel/Motel customer has seen an approximately 100% increase in its water bill in both 2010 and 2011, as compared to 2009. With the rate adjustment utilized in Option A, this customer's 2011 water bill is estimated to be 13% higher than 2009 (pre -water conservation rates). Option B applies a slightly modified Water Conservation Rate structure than Option A, with four tiers before dropping back to the Bulk Rate for usage over 80,000 gallons. Under Option B, again with only one currently -identified customer, the net revenue reduction is estimated to be $15,800 to the Utility for the 2011 billing period, or an approximately 49% reduction in currently -estimated revenues from this customer for this period. With the rate adjustment utilized in Option B, this customer's 2011 water bill is estimated to be only 7% higher than 2009 (pre -water conservation rates). A third similar option, Option C, was not further assessed, as it would have dropped back to a Bulk Rate for usage over 50,000 gallons and only marginally reduces the customer's water bill and impact to the Utility over that assessed in Option B. RECOMMENDATION: It is recommended that the City Council discuss this evaluation of proposed alternatives to the City's commercial water rate structure to potentially address identified concerns with respect to hotel/motel water users. If appropriate, the City Council may also wish to consider the following: "Move to approve Ordinance No. 08-051A, amending the 2011 fee schedule to include a Commercial Hotel/Motel Water Rate, utilizing a new Water Conservation Rate Structure." -- page 4 -- City Council Meeting August 9th, 2011 or Hotel/Motel Commercial Water Rates Regular Agenda Item # 12 "Move to approve Ordinance No. 08-O51B, amending the 2011 fee schedule to include a Commercial Hotel/Motel Water _Rate Structure, utilizing a Multiple - Family Dwellings' calculation." Alternatively, the City Council may reject, table, further discuss and/or modify this recommendation, as appropriate. If the latter is undertaken, the suggested motion would be: "Move to approve Ordinance No. 08-051A (or 08-051B), amending the 2011 fee schedule to include a Commercial Hotel/Motel Water Rate [as agreed upon at tonight's meeting]." ATTACHMENTS: 1. Ordinance No. 08-051A 2. Ordinance NO. 08-051B 1 Minnesota DNR Water Conservation Rate Guidelines 4. Met Council SAC Calculations 5. Analysis of Identified Scenarios 6. Additional Analysis Request by the City Council: - Material presented on July 19th, 2011 on Total Utility Budget and Impact of Options B, D and F on Budget - Material requested by Mayor Johnston on % of water consumption by Wildwood Lodge SUGGESTED ORDER OF BUSINESS: Introduction of Item Finance Director Questions from Council to Staff Mayor Facilitates PublicInput .....„............. ........................... ........ ...................... Mayor Facilitates Call for Motion Mayor & City Council Discussion ..... ...................... ...... ...... . .............. ........... . .......... Mayor Facilitates Action on Motion ......... ....... ...... ......... ...... ................. • „Mayor & City Council page 5 — CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 08-051A AN ORDINANCE AMENDING MUNICIPAL FEES FOR CALENDAR YEAR 2011 The Lake Elmo City Council hereby adopts the following fee schedule for calendar year 2011, applicable as services outlined in Appendix A, and directs that it be added to the Lake Elmo Municipal Code as Appendix A. Appendix A: 2011 Fee Schedule — Commercial Hotel/Motel Water Quarterly Rate ADOPTION DATE: Passed by the Lake Elmo City Council on the 9th day of August, 2011. CITY OF LAKE ELMO By: ATTEST Sharon Lumby City Clerk PUBLICATION DATE: Dean A. Johnston Its: Mayor Appendix A City of Lake I-2,4n° 2011 Fee Schedule Right -of -Way Permits Annual Registration (1415.05 Subd.1) Excavation (1415.11 Subd. 1) Each Additional Excavation Trench Fee (boring or open cut) Overhead Installation Fee New Subdivisions (Alternate to per foot fee) Street Obstruction Fee (1415.11 (Sub 2.) Permit Extension Delay Penalty Sewage Disposal On -Site Septic Systems New Alterations or Repairs Sewer Availability Charge (SAC) Sewer Wetland Treatment Hookup to Existing System Alteration/Repair 201 Off -Site Maintenance Fee Signs Permanent Signs Temporary Signs Temporary Renewal Site Plan Review (Chapter 520) Special Events Support Fire Deparrnent Equipment/Personnel Public Safety Public Works Support (Traffic Control/Other) Street Cleaning Erosion Control Escrow Re -inspection Processing Fee Surface Water Residential Non -Residential (commercial ag., etc.) Tennis Courts Vacations (Streets or Easements) Easements Streets Variance Video Reproduction Water Residential - Quarterly Rate Plus Rate Per 1000 Gallons 0-15,000 Gallons 15,001 - 30,000 Gallons 30,0(11 - 50,000 Gallons 50,001 - 80,000 Gallons 80,001+Gallons Commercial - Quarterly Rate Plus Rate Per 1000 Gallons 0-15,000 Gallons 15,001 - 30,000 Gallons 30,001 - 50,000 Gallons 50,001 80,000 Gallons 80,001+Gallons 2011 Escrow or Additional Chargc $100.00 $230.00 $40.00 .60 per foot .60 per foot $100.00 $100.00 $100.00 25.00 per day $5,730.00 $4.50 per 1,000 gallone $100.00 $75.00 75.00 per unit per quarter $180.00 $75,00 $25.00 $980.00 $250/HR (Engine) $350/HR (Ladder) -NA $100.00 $5,000.00 $50.00 per hour $50.00 $50.00 Per 1997 UBC $515.00 $515.00 $750.00 $35.00 $25.00 Ban $2.14 $2.86 $3.77 $5.00 $6.63 $25.00 Base $3.11 $3.26 $3.77 $5.00 $6.63 Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) per SAC unit - 2230,00 to Met Council; 3500 to City Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) As Per Washingtion County Sheriff's Dept. Fee Schedule Plus Meterials Portal to Portal from City Hall, Minimum; 1 hour 10% of Contractor's Invoice to City Utility Rate Factor per code Plus 5.00 Surcharge (State Mandated) $500.00 Escrow $500.00 Escrow Page 3 of 4 t, Appendix A City of Lake Elmo 2011 Fee SchedtiK. All Connection Permits Meters, MIU & Meter InstallationSets Delinquent Accounts Disconnect Service Reconnect Service Service Call Water Storage Violation Bulk Water from Hydrant Swimming Pool Fill Water Availability Charge (WAC) Existing Structures within Old Village New Development Wind Generator Wireless Communication Permit Zoning Amendment ( Text or Map) 2011 $140.00 $300.00 6% per quarter $80.00 $80.00 $15.00 per day $6120 for first 5,000 gallons $61.20 for first 5,000 gallons $800.00 $3,000.00 $850.00 $500.00 $1,245.00 Escrow or Additional Charge fnesti6)-.Coniamption..'.1- ."' . .... .. - ;-;;•";-;';''-;;; Pius 25.00 or 8%, whichever is greater, if certified to County for COUtCtiall with taxes Plus 3.26 per additional 1000 Gals Plus 3.26 per 1000 Gals & $15.00 per labor hour $2000.00 Escrow $2000.00 Escrow Page 4 of 4 Appendix A City of Lake Limo 2011 Fee Schedule 2011 Escrow or Additional Charge $80.00 $0.00 $875.00 $150.00 $25.00 Accessory Bldg Forward of Primary Structure Administrative / Fines Amateur Radio Antenna • Appeal (to Board of Adjustment and Appeals) Assessment Search Building Demolition First 1000 Square Feet Each Additional 1000 sq feet or portion thereof Burning Permits Residential Commercial _ Illegal Bum Comprehensive Plan Amendment Conditional Use Permit (CUP) <new or amended> CONTRACTOR LICENSE FEES Blacktopping Excavator License Heating and A/C Sign Installer Solid Waste Hauler Tree Contract COPY SERVICES Copies (B&W) Copies (B&W) 11 X 17 Copies (Color) Copies (Color) 11 X 17 City Man - colored City Street Maps 36 X 40 GIS / Engineering Maps Existing Maps Custom (Per Hour ratel Plan Size Maps Larger than 11 X 17 Development Standards Specification & Details Code Book Sections 1, 2, 4, 6-12, 14 Section 3 Section 5 and 13 Comprehensive Plan OP Ordinance Parks Plan Culverts in Developments with Rural Section Dog License Service Dogs License (dogs with special training to assist individual with disabilities) Unlicensed dog (first impound) Licensed dog (first impound) Cat Impound (first impound) Subsequent dog/cat impound Duplicate License or Tag Driveway Residential Commercial Easement Encroachment Electronic Fund Withdrawal / Bill Payment Excavating and Grading False Alarm Ito 3 False alarms In excess of 3 up to and including 6 false alarms within a twelve (12) month period Residential Commercial $105.00 Plus 5.00 Surcharge (State Mandated) $11.00 Plus 5.00 Surcharge (State Mandated) $45.00 $80.00 $100.00 $1,300.00 New $1,050.00 Wireless Communication Facilities Escrow $6,000.00 Amended $500,00 Plain Ordinance Escrow $500,00 $75.00 $75.00 $75.00 $50.00 $120.00 $70.00 $0.35 $1.00 $0.50 $2.00 $3.15 $20.00 $5.00 $70.00 $20.00 $55.00 $160.00 $12.00 $52.00 $27.00 $125.00 $12.00 $80.00 $160.00 $20.00 $5.00 $60.00 $42.00 $42.00 $85.00 $1.00 $70.00 $160.00 $100.00 Fee & Transaction Charge $125.00 $110.00 $315.00 Sign Reinspection Fee $25.00 Provided electronically or paper Provided electronically or paper Renew on expiration of rabies vaccination Plus Boarding Fee-20.00/Day Plus Boarding Fee-20.00/Day Plus Boarding Fee-20.00/Day Plus Boarding Fee-20.00/Day Plus 5,00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Staff & Recording Pee Flood Erosion Control Bond, Escrow, or Letter of Credit: $1500,00 per acre. Page 1 of 4 Appendix A j( City of Lake Elmo 2011 Fee Scheciank, Escrow or Additional Charge In excess of six false alarms within a twelve (12) month period Residential Commercial Fire Daycare inspection Fee Frie Alarm Systems Fire Sprinkler System (Inspection Fee) Fire Sprinkler System (Reinspection Fee) Flood Plain District Delineation Fuel Tank Removal (Underground) Fuel Tank Install Heating New Residential Addition to Residential Commercial (New or Addition) Interim Use Permit (IUP) Interim Use Permit (IUP)-Renewal Interim Use Permit (IUP) AG Sales & Entertainment Lawn Sprittlders Liquor Club On Sale Intoxicating Off Sale Intoxicating Off -Sale Non -Intoxicating On -Sale Intoxicating On -Sale Intoxicating - 2nd Bldg On -Sale Investigation On -Sale Non -Intoxicating On -Sale Sunday Intoxicating Temporary Non -Intoxicating Wine Lot Line Adjustment Manufactured Home Parks New Move home out of City Move into City Minor Subdivision Moving House or Primary Structure into City Moving Accessory Structure into City New Construction Plan Review Park Dedication (up to 3 lots) Parking Lots New Commercial Existing Commercial Platting - Concept (PUD or OP) Preliminary Plat (and Development Stage) Final Plat (and Final Plan) Plumbing New Residential Addition to Residential Commercial (New or Addition) Private Roads (permitted only in AG zone Restrictive Soils and Wetland Restoration Protection and Preservation Permit 2011 $185.00 $520.00 $60.00 $60.00 2% of value of work $50.00 $500.00 $100.00 2% of value of work $150.00 $75.00 Minimum $175.00 or We of total job $1,050.00 $300.00 $250.00 Plus 5.00 Surcharge (State Mandated) Plus 1°4 of Value Minimum $100.00 Plus 5,00 Surcharge (State Mandated) Minimum $100.00 Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus minimum 5.00 Surcharge 2011 Only $125.00 Plus 5.00 Surcharge (State Mandated) $100.00 per year $200.00 per year $150.00 per year $1500.00 per year $750.00 per year $350.00 $100.00 per year $200,00 per year $25,00 per event $300.00 per year $310.00 $1,000.00 $1,200.00 $100.00 $150.00 $500.00 $520.00 $305.00 Per 1997 UBC (651/4 $3600.00 for each Plus 2500.00 Escrow Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus bond with amount to be determined by City wirecommendation from Building Official Plus Escrow to be determined by the City w/recommendation from Building Official Four or more lots per Section 400 Formula $175,00 Plus 5.00 Surcharge (State Mandated) $100.00 Plus 5.00 Surcharge (State Mandated) $1,250.00 $1,850.00 $1,250,00 $150,00 $75.00 175 Pius 2.5% Adminigtraiive Pee Development Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus minimum 5.00 Surcharge (State Mandated) $150.00 Plus 5.00 Surcharge (State Mandated) $800.00 1500.00 escrow Page 2 of 4 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 08-051B AN ORDINANCE AMENDING MUNICIPAL FEES FOR CALENDAR YEAR 2011 The Lake Elmo City Council hereby adopts the following fee schedule for calendar year 2011, applicable as services outlined in Appendix A, and directs that it be added to the Lake Elmo Municipal Code as Appendix A. Appendix A: 2011 Fee Schedule — Commercial Hotel/Motel Water Quarterly Rate ADOPTION DATE: Passed by the Lake Elmo City Council on the 9th day of August, 2011. CITY OF LAKE ELMO By: ATTEST Sharon Lumby City Clerk PUBLICATION DATE: Dean A. Johnston Its: Mayor Appendix A City of Lake Elmo 2011 Fee Schedul. 2011 Escrow or Additional Charge • Accessoty Bldg Forward ofFrimary Structure $80.00 Administrative / Fines $0.00 Amateur Radio Antenna $575.00 Appeal (to Board of Adjustment and Appeals) $150.00 Assessment Search $25.00 Building Demolition First 1000 Square Feet Each Additional 1000 sq feet or portion thereof Burning Permits Residential Commercial Illegal Burn Comprehensive Plan Amendment Conditional Use Permit (CUP) <new or amended> CONTRACTOR LICENSE FEES Blacktopping $75.00 Excavator License $75.00 Heating and A/C $75.00 Sign Installer $50.00 Solid Waste I-lauler $120.00 Tree Contract $70.00 COPY SERVICES Copies (B&W) $0.35 Copies (B&W) 11 X 17 $1.00 Copies (Color) $0.50 Copies (Color) 11 X 17 $2,00 City Map - colored $3.15 City Street Maps 36 X 40 $20.00 GIS / Engineering Maps Existing Maps $5.00 Custom (Per Hour mtc) $70.00 Plan Size Maps Larger than 11 X 17 $20.00 Development Standards Specification & Details $55.00 Code Book $160,00 Sections 1, 2, 4, 6-12, 14 $12.00 Section 3 $52.00 Section 5 and 13 $27.00 Comprehensive Plan $125.00 OP Ordinance $12.00 Parks Plan $80.00 Culverts in Developments with Rural Section $160.00 Dog License $20.00 Service Dogs License (dogs with special training to $5.00 assist individual with disabilities) Unlicensed dog (first impound) $G0.00 Licensed dog (first impound) $42.00 Cat Impound ((irst itnpound) $42.00 Subsequent dog/eat itnpound $85.00 Duplicate License or Tag $1.00 Driveway Residential $70.00 Commercial $160.00 Easement Encroachment $100.00 Fee & Transaction Electronic Fund Withdrawal / Bill Payment Charge Excavating and Grading False Alarm 1 to 3 False alarms In excess of 3 up to and including 6 false alarms within a twelve (12) month period Residential Commercial $125.00 $110.00 $315.00 $105.00 Plus 5.00 Surcharge (State Mandated) $11.00 Plus 5.00 Surcharge (State Mandated) $45.00 $80.00 $100.00 $1,300.00 New $1,050.00 Wireless Communication Facilities Escrow $6,000.00 Flood Amended $500.00 Plain Ordinance Escrow $500.00 Sign Reinspection Fee $25.00 Provided electronically or paper Provided electronically or paper Renew on expiration of rabies vaccination Plus Boarding Fee-20.00/Day Plus Boarding Fee-20.00/Day Plus Boarding Fee-20.00/Day Plus Boarding Fee-20.00/Day Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Staff & Recording Fee Erosion Control Bond, Escrow, or Letter of Credit: $1500.00 per acre. Page 1 of 4 Appendix A City of Lake Limo 2011 Fee Schedule 2011 Escrow or Additional Charge In excess of six false alarms within a twelve (12) month period Residential Commercial Fire Daycare inspection Fee Frie Alarm Systems Fire Sprinkler System (Inspection Fre) Fire Sprinkler System (Reinspection Fee) Food Plain District Delineation Fuel Tank Removal (Underground) Fuel Tank Install Heating New Residential Addition to Residential Commercial (New or Addition) Interim Use Permit (JUP) Interim Use Permit (IUP)-Renewal Interim Use Permit (IUP) AG Sales & Entertainment Lawn Sprinklers Liquor Club On Sale Intoxicating Off Sale Intoxicating Off -Sale Non -Intoxicating On -Sale Intoxicating On -Sale Intoxicating - 2nd Bldg On -Sale Investigation On -Sale Non -Intoxicating On -Sale Sunday Intoxicating Temporary Non -Intoxicating Wine Lot Line Adjustment Manufactured Home Parks New Move horne out of City Move into City Minor Subdivision Moving House or Primary Structure into City Moving Accessory Structure into City New Construction Plan Review Park Dedication (up to 3 lots) Parking Lots New Commercial Existing Commercial Platting Concept (PUD or OP) Preliminary Plat (and Development Stage) Final Plat (and Final Plan) Numbing New Residential Addition to Residential Commercial (New or Addition) Private Roads (permitted only in AG zone Restrictive Soils and Wetland Restoration Protection and Preservation Permit S185.00 $520.00 $60.00 $60.00 2% of value of work $50.00 $500.00 $100,00 2% of value of work $150.00 $75.00 Minimum $175.00 or 1% of total job $1,050.00 $300.00 $250.00 $125.00 $100.00 per year $200,00 per year $150.00 per year $1500.00 per year $750.00 per year $350.00 $/00.00 per year $200.00 per year $25,00 per event $300.00 per year $310.00 $1,000.00 $1,200.00 $100.00 $150.00 $500.00 $520.00 $305.00 Per 1997 UBC (G5% $3600.00 for each Plus 5,00 Surcharge (State Mandated) Plus 1% of Value Minimum $100.00 Plus 5.00 Surcharge (State Mandated) Minimum $100.00 Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus minimum 5,00 Surcharge 2011 Only Plus 5.00 Surcharge (State Mandated) Plus 2500.00 Escrow Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus bond with simount to be determined by City w/recommendation from Building ()Midst Plus Escrow to be determined by the City w/recommendation from Building Official Four or more lots per Section 400 Formula $175.00 Plus 5.00 Surcharge (State Mandated) $100.00 Plus 5.00 Surcharge (State Mandated) $1,250.00 $1,850.00 $1,250.00 $150.00 $75.00 175 $150.00 $800.00 Plus 2.5% Administrative Pee Development Agreement Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus minimum 5.00 Surcharge (State Mandated) PlusSurcharge (State Mandated) 1500.00 escrow Page 2 of 4 Appendix A Ci Right -of -Way Permits Annual Registration (1415.05 Subd,l) Excavation (1415.11 Subd. 1) Each Additional Excavation Trench Fee (boring or open cut) Overhead Installation Fee New Subdivisions (Alternate to per foot fee) Street Obstruction Fee (1415.11 (Sub 2.) Permit Extension Delay Penalty Sewage Disposal On -Site Septic Systems New Alterations or Repairs Sewer Availability Charge (SAC) Sewer Wetland Treatment Hookup to Existing System Alteration/Repair 201 Off -Site Maintenance Fee Signs Permanent Signs Temporary Signs Temporary Renewal Site Plan Review (Chapter 520) Special Events Support Fire Deparment Equipment/Personnel Public Safety Public Works Support (Traffic Control/Other) Street Cleaning Erosion Control Escrow Re -inspection Processing Fee Surface Water Residential Non -Residential (commercial, ag., etc.) Tennis Courts Vacations (Streets or Easements) Easements Streets Variance Video Reproduction Water Residential - Quarterly Rate Plus Rate Per 100D Gallons 0-15,000 Gallons 15,001 - 30,000 Gallons 30,001 - 50,000 Gallons 50,001 - 80,000 Gallons 80,001 +Gallons Commercial - Quarterly Rate Plus Rate Per 1000 Gallons 0-15,000 Gallons 15,001 - 30,000 Gallons 30,001 - 50,000 Gallons 50,001 - 80,000 Gallons 80,001 +Gallons ake Elmo 2011 Fee Sehedult, Escrow or Additional Charge 2011 $100.00 $230.00 $40.00 .60 per foot .60 per foot $100.00 $100.00 $100.00 25.00 per day $5,730.00 54.50 per 1,000 gallons $100.00 $75.00 75.00 per unit per quarter $150.00 $75.00 $25.00 $980.00 $250/F1R (Engine) $350/HR (Ladder) -NA $100.00 $5,000.00 $50.00 per hour $50.00 $50.00 Per 1997 UBC $515.00 $515.00 $750,00 $35.00 $25.00 Base $2,14 $2.86 $3.77 $5.00 $6.63 $29.00 Base $3.11 $3.26 $3,77 $5.00 $6.63 Plus 5,00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) per SAC unit - 2230.00 to Met Council; 3500 to City Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) Plus 5.00 Surcharge (State Mandated) As Pei' Washingtion County Sheriff's Dept. Fee Schedule Phis Meterials Portal to Portal from City Hall. Minimum: 1 hour 10% of Contractor's Invoice to City Utility Rate Factor per code Plus 5.00 Surcharge (State Mandated) $500.00 Escrow $500.00 Escrow Page 3 of 4 Appendix A City of Lake 2011 Fee Schedule Escrow or Additional Charge 2011 Cominettisk-,notel/MOtel!QUarterlyRate- PluX:Ootritriereiii1Ra.te:er'pooiq4lloili 1POIW4g,P4WOlile:Flii*Ibi1P*1141ke,:Pi:1Cili4;:iOn'440piliUpi)01Wq(SAc) All Connection Permits Meters, MIU & Meter Installation Sets Delinquent Accounts Disconnect Service Reconnect Service Service Call Water Store Violation Bulk Water from Hydrant Swimming Pool Pill Water Availability Charge (WAC) Existing Structures within Old Village New Development Wind Generator Wireless Communication Permit Zoning Amendment (Text or Map) $140.00 $300,00 6"/o per quarter $80,00 $80.00 $15.00 per day $61.20 for first 5,009 gallons $61.20 for first 5,000 gallons $800.00 $3,900.00 $850.00 $500.00 $1,245.00 Plus 25.00 or 8%, whichever is greater, if certified to County for collection with taxes Plus 3.20 per additional 1000 Gals Plus 3.26 per 1000 Gais & $15.00 per labor hour $2000.00 Escrow $2000,00 Escrow Page 4 of 4 Conservation Rates Minnesota Statutes; section 103G.291, was amended in 2008 to include ti requirement for public water suppliers serving more than 1,000 people to adopt a water rate structure that encourages conservation.: Minnesota &awes, section 1030.291, sub., 4. Conservation rate structure required. (a) 'For the purposes of this section, 'conservation rate structure" means a rate structure that encourages conservation and may include increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess use rates. The rate structure must consider each residential unit as an individual user in multiple -family dwellings. (b) To encourage conservation, a public water supplier serving more than 1,000 people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use a conservation rate structure by January 1, 2010. All remaining public water suppliers serving more than 1,000 people shall use a conservation rate structure by January 1, 2013, (c) A public water supplier without the proper measuring equipment to track the amount of water used by its users, as of the effective date of this act, is exempt from this subdivision and the conservation rate structure requirement under subdivision 3, paragraph (c). In addition, Minnesota Statues, section 103G.291, was further amended.to read: Subd, 3, Water supply plans; demand reduction. (c) Public water suppliers serving more that 1,000 people must employ water use demand reduction measures. ineludinv a conservation rate structure. as defined in subdivision 4, paragraph (al, unless exempted under subdivision 4, naraurania lel. before requesting approval from the Commissioner of health under section 144.3E3, paragraph (a), to construct a public water supply well or requesting an increase in the. authorized volume of appropriation. Demand reduction measures must include evaluation of conservation rate structures and a public education program that may include a toilet and showerhead retrofit program. A. conservation rate structure must be employed 'before requesting well construction approval for a public water supply well or before req-uesting an increase in permitted volume for their water appropriation permit. Examples of Conservation Rates: Commercial and industrial rates can be based on cost of service and do not necessarily need to be the same rate as that used for.residential water users. Below are examples of rate structures that encourage conservation. Many variations and combinations of these examples are possible, NOTE: Rate structures often include a service charge (base rate) and a volume based charge. Service charges may cover fixed costs (capital improvements) and the volume charge is often for operation and maintenance costs. Volume charges usually use units of 1,000 gallons or 100 cubic feet (748 gallons), Increasing Block Rates: Cost per unit increases as water use increases within specified "blocks" or volumes. The increase in cost between each block should be significant enough (25% or more and 50% between the last two steps) to encourage conservation.. Example: 0-6,000 gallons S2.50/1 000 gallons 6,000-12,000 gallons = S3.15/1000 gallons 12,000-24,000.gallons = S4.00/1000 gallons Above 24,000 gallons =S6.00/1000 gallons. Seasonal Rates: The rate per unit increases in the summer to encourage the efficient use of water during peak demand periods caused by outdoor water uses. Seasonal rates can take the form of a surcharge added to the normal rate or a separate fee schedule for winter and summer periods. Example: Surcharge method - S1,00/1000 gallons is added on top of the regular fee schedule for all water use between May 1 and October 1. Page 1 Conservation Rates Page 2 Time of Use Rates: Water rates are higher at times of the day when water use demandsare high. This rate requires specialized meters that can monitor water use during specified segments of time, for instance, every 15 minutes, Example: Water rates are reduced by $0.75 for customers that agree. not to use water for certain purposes or over a set volume of water during certain times of the day or periods of higb water demands, Individualized Goal Rate (Water Budget Rate): A rate with tailored allocations developed for each customer. The rates increase as the allocation is used or exceeded by the customer. The allocation is generally based upon winter or January use, Example: A family of four used 6,200 gallons in January. Summer use is higher than January use so a factor is applied to determine a summer allocation (1.5 x 6,200 gallons = 9,300 gallons). 0-6,000 gallons S2.50/1000 gallons 6,000-9,,300 gallons = $2,75/1000 gallons 9,300-18,600 gallons = $4.00/1000 gallons, (Allocation is exceeded.) Above 1,600 gallons = $6,00/1000 gallons. Excess Use Rates: Cost per Unit increases ueatly above an established level in order to trigger a strong price signal that discourages excessive use. This rate is similar to an increasing block rate but with much higher charges for the larger volume blocks. Example: 0-6,000 gallons = $2.50/1000 gallons 6,000-12,000 gallons = S3.15/1000 a11ons 12,000-24.000 gallons = $5.00/1000 gallons (Excessive Use Rate) Above 24,000 gallons--$7.50/l 000 gallons (Excessive Use Rate) Multipie—Family rowellint,Fs: Total water use in a multiple-fanally dwelling, which has only one water meter for the entire dwelling, may exceed that of a single -family dwelling. The statute does not require individual water meters for each residential unit within a multiple -family dwelling; however, the required conservation rate at which the multiple -family s water usa is billed must consider the number of residential units within that multiple -family dwelling, Example: A four-plex uses a total of 18,000 gallons per month or approximately 4,500 gallons per residential unit. Water u,se, for each residential unit falls within the first block (0-6,000 gallons) of the above Excess Use, Rate example. A rate of $2.50/1000 gallons would apply up to a total use of 24,000 gallons for the multiple - family dwelling. Thereafter, the rate increases according to the rate, schedule, always considering each residential unit as an individual user, Non -conservation rate exarnpies: Declining (Decreasing) Block Rates: The cost per unit of water (cubic foot or gallon) decreases as the water use increases beyond the basic block. This rate structure provides no incentive to conserve because the cost of water per unit decreases with increased use. Flat Rates: A set fee allows the use of an indefinite amount of water, This rate structure is used where water is unmetered and provides no incentive to conserve water because cost is unrelated to volume used, Uniform Rates: The cost per unit is the same regardless of the. volume used, This rate structure is considered conservation neutral, Service Charge (Base Rate) that includes a Minimum Water Volume: The inclusion of a minimum volume of water in the service charge. (base rate) discourages conservation especially ifthe minimum volume exceeds average customer usage, Conservation Rams 3 1 201 0,pdf ice Arena Shower (if lockers use Locker Room criteria) Tarn Room (plumbing fixture units) Bleachers Ice resurfacer (if discharge goes to the sanitary sewer) Laundromat (required water volume for cycle time x 8 cycles/day x# of washers) *17 fixture units 110 seats 1 resurfecer 274 gallons 1 1 4 1 Library (subtract book storage areas, fileareas; charge for common plumbing fixture units in *17 fixture units 1 public areas) Reception, book checkout, office 2,400 square feet 1 Meeting room, board room 1,650 square feet 1 Loading Dock , 7,000 square feet 1 Locker Room (if showers) 14 lockers/hooks 1 Manufacturing (for remainder use other criteria (i,e. Office criteria) 7,000 square feet 1 Shower (if lockers use Locker Room eriteria) *17 fixture units 1 Process Discharge Contact MCES for Determination Marina (Dumping Station) Areas Open to Public; see other criteria Massage Room 5 stations 1 Shower *17 fixture units 1 Meals to Go (prepared bulk meals) # meals prepared in one day x 1.5 galionsimeal (no dishwashing) 274 gallons 1 Meeting Room (conference room) 1,65D square feet 1 Memory Care (see Nursing Home) Mini -storage (storage area — no charge) Apartment 1 apartment 1 Public Area *17 fixture units 1 Mobile Home 1 Motel and Hotel (assume 2 peopiefroom; reecharge for poots, saunas, whirlpools, game rooms, 2 rooms 1 or exercise rooms used exclusively by guests) Breakfast only (complimentary) 45 seats 1 Cocktail hour (complimentary) 55 seats 1 Kitchenette (number of kitchenettes x 10 gallons/day) 274 gallons 1 Museum 2,400 square feet 1 Nail Salon (See Beauty Salon) Nursing Home 2 beds 1 station Office General office (deduct mechanical rooms, elevator shafts, stairwells, and restroom areas) 2,40D square feet 1 Shower (if lockers use Looker Room criteria) *17 fixture units 1 Meeting Room (conference room) 1,650 square feet 1 Dental and Doctor's office, see Hospital, Outpatient Clinic Liquor License (see Banquet Room for the space covered undr the liquor license) Parking Garage (if connected to sanitary sewer) Minimum 1 SAC; Otherwise use Floor Drain *17 fixture units equivalent fixture units for Trench Drain base fixture unit assignments on outlet pipe(s) diameter. Vehicle Washing Contact MCES for Determination 3 Projected based 002010 actua Is 0 3-000072 1-00-6 NON-IRRIGA HON WA TER ACTIVITY Proposed . Q1-11 Actual Billed Option 17-1 E.II IP l' t2nil0113 Used 1.233,290 BM A.1110111rtt Nev meter only._ 0 • 1 5,09(1 0.00311 15000 $70.75 " 0.00311 15000 $72.40 0.00311 15000 $71.65 0.00311 11049 55936 15.001 - 30.000 0.00326 15000 $48.90 0.00326 15000 543.90 0.00311 15000 $46.65 0.00326 0 50,170 30.001 - 50,000 0510377 20000 575.40 0.00326 20000 $65.20 0.00326 20000 $65.20 0.00371 0 $0.00 50 00 f - 00.000 0.00500 30000 $150.00 0.003 /7 30000 $113.10 0.00326 30000 597.50 0.00500 0 $9.00 59 .091 .. 1 50.000 0.00663 70000 5464.10 0.00377 70000 $263.90 0 00377 70000 5263•90 0.00663 0 50,00 150,001 - 200.000 0.00663 50000 $331.50 0,00500 50000 $250.00 0.90377 50000 5188.513 0,011663 0 $0.00 ',ITT- 200.000 0.00663 1.033,280 $6.850.65 0.00500 1.033.280 55,166.40 0.00500 1,033,280 $5,166.40 0_00663 0 50.00 $7.991.30 $5,979.90 $5,900.10 times 55 $3,264.93 ST $560.38 ST $426_07 ST 5420.33 ST $232.63 $3.560.68 56,405.97 $6,320.48 $3,497.56 Enter Gollons Used 1.030.164 Q2-11 BlIl Amount Mtp.71.441.010RM 19,639.35 -'5.4-91,460153 n - I 5,710 0.00311 15000 570.75 * 0.00316 15000 $70.75 0.00311 15000 571.65 0.190311 15000 571.65 15.001 - 31000 0.00326 15000 548.90 0.00316 15009 $47.40 0.00311 15000 546,65 0.00326 7952 $25.92 30.001 • 50,000 0.00377 20000 575.40 0.00377 200101 575.40 0.00326 20000 $6520 0.00377 0 50.170 50.90 / • 30.000 0.00500 30000 $150.00 0.00377 30000 $113.10 0.00326 30000 $97.80 0,00500 0 50.00 30.001 - I 50,1300 0,00663 70000 5464.10 0.00377 70000 $263.90 0.00377 70000 $263.90 0.00663 0 50.00 150,00 I - 200.0011 0-00663 50000 5331.517 0.00500 50000 $250.00 0.00377 50000 $188.50 0.00663 0 50.00 over 200.000 0.00663 830,164 $5,335.49 0.00500 880,164 54.100.32 0.00500 880.164 54,400.82 0,00663 0 $0.00 $6,976.14 S5.72137 55,13452 times 55 $5,36654 ST $497_05 ST 5372.02 ST $365.83 ST ' 538237 57,473.19 $5,593.39 55,50035 55,743.91 Ewes flalloits Used 1,450.000 Q3-11 Bill Amount ,.. ,:_::,-,L‘s!?i4,1t.t 010A W.M.i.0101 n - 15.000 0.00311 15000 570.75 * 0.00516 15000 $70.75 0.00311 15000 571.65 1$,001 - 30.000 0.00326 15000 548.90 0.00316 15000 $47.40 0.00511 15000 546.0 30.001 - 50.000 0.00377 20000 575.40 0.00377 20000 $75.40 0.017326 20000 $65_20 50,001 - 80.00Q 0.00500 30000 $150.00 0.00377 30000 5113.117 0.00326 30000 597;50 00,001 - 150,000 0.00663 70000 5461.10 0.00377 70000 $263.90 0.00377 70000 $263.90 150.001 - 200,000 0.00663 50000 $331.50 0.00500 50000 $250.00 0.00377 50000 $188.50 over 200.000 0-00663 1,250,000 58,28750 0.011500 1.250.000 56.250,00 0,00500 1,250,000 $6,250.00 $9.423.15 $7,070.55 $6,983.70 ST $67L76 sr $503.78 ST $497.59 S10,09951 57,57433 57,481.29 Eater t.:1. 11 ons Used 1.250_000 Q4-11 8111Am:tout WA.,,M714, :'., Mrtg,11ifili1 WM, `,; 0 - 15,000 0.00311 1506.0 $70.75 ' 0.00316 15000 $70.75 0.00311 15000 071.65 15,001 - 3n,no0 0.00326 15000 $4830 0.00316 15000 547.40 0.00311 15000 $46.65 30.001 • 50.000 0.00377 20000 $75.40 0.00377 20000 $75.40 0.00326 20000 565-21,1 50.0171 - 30000 0.00500 30000 5150.00 0.00377 30000 $113.10 0.00326 30000 597.89 30.001 • 15.0.090 0.00663 70000 $464.10 0.00377 70000 $263.90 0.00377 70000 $263.90 1511,001 - 200_000 0.00663 50000 53 3 1 .50 0.170500 50000 $250.00 0.00377 50000 $133.50 over 200.000 0.00663 1,050,000 56,96130 0.00500 1,050,000 $5,250.00 0.00500 1,050,000 $5,250.00 $8,102.15 $6,070.55 $5,983.70 ST $577_23 Sr $43233 ST $426.34 58,679.43 $6,503.08 $6,410.04 7,01 projected animal amount to be billed 21111 P11,140 413_11i. Dollar amount impact to amount billed ....:-.: ,... 1!5. impact lo amount billed -25.10% -26.14% Dollar increase froth 2009 rate armful e $.1, 'increase Front 2009 Usor@ Proposed 01(1 55 rec factor 04Ilipulti-Fron Pre -tier 22,423.27 1114§Y.Ncllnetit bit! at prior/Oar rate structure ID at priorfflat tate structure 26,363.64 _ i3717VP, bill al prior/flat rale structure 0.093 11 15000 571.65 0.00326 11896 $38.78 0330377 0 $0.00 0.00500 0 50.00 0-00663 0 SO 00 0_00663 0 $0.00 0.00663 0 50.00 timesOS $6,073.7 O. ST 5432.75 $6,506.45 22,727.27 W4007.1ft E141.0DIttlCustent bill al prior/flat role structure 0,00311 IMO 571.65 0_011326 8150 $26.57 0.00377 0 50.00 0.00500 0 SO 00 0_00663 0 $0.00 0.00663 0 5O..00 0.00663 0 S0.00 times 55 55,402.05 ST 3384_90 $5,786.94 4,465.55 10136Ni- ; D'r; , - - ; -;; i ;;- " ; ' :' ; ' ' ' .' - ' !.::!''..t56i6A . ';'' ' •:; `':71,'''. '::- r .' ...• ' " ::''''' S1,4$%Y ' i"*:;.:*-r i:'''';''i: ' ::''Ir_!:' i ''..f,::::; !'..',•:...,',.- 2.0#'6.4. Actual 0-1 LP-2 Multi -Fain * Includes $25 base charge 1ICwreiit bill at priatinat rate structure ttp,N1 03-001100721-00-6 NON-1RMAT1ON WATER ACTIVITY Proposed QI-1 II Actual Billed Option D- I Enter Gallons Used 6117,716 B111 Amount.,,,Y,,.... MO i1.0101',U§' , New ;betel firily..; (1- 15.000 0.00395 15000 $70.75 * 0.00311 15000 $72.40 0.00311 15000 571.65 0.00305 11049 $59.36 15.001 - 30.000 0.00320 15000 $43.00 0.00326 15000 643.90 0.00311 15000 546.65 0,00320 0 50.00 30.001 - 50.000 0.00170 20000 $74.00 0.00326 . 20000 56520 U.00326 20000 $65.20 0.00370 0 $0.00 511001 - 80.1)00 0.00490 30000 $147.00 0.00377 30000 $113.10 0.00326 30000 $97.80 0.00490 0 50.00 30.001 - 150.000 0.00650 70000 S455.00 0 00377 70000 5263,90 0.00377 70000 5263.90 0_006511 0 $0.00 150.0(11 - 200.000 0.00650 50000 5325.00 0.00500 50000 5250.00 0.00377 50000 $188.50 0.00650 0 $0.00 over 200,000 0_00650 407,716 $2,650.15 0.00500 407.716 52,033.58 0.00500 407,716 52,038.53 0.00650 0 $UM $3,769.90 $2,852.08 52,772.28 times 55 $3,264.93 ST $268.61 ST $20321 ST $197_52 ST $232.63 $4,038.51 53,055.29 52.969.80 53,497.56 Proposed Enter GnIlons Used 9 - 15.0110 153701 - 30.00Q 30.001 - 50.000 50.001 - 80.000 811.001 - 150.000 150.001 - 200,1100 over 200.000 Euler Gallons Used 0- 1.5mo 15.1101 - 30,000 30.001 50.000 50,0131 - sumo go.ou 150.000 150.00i - 200.000 over 200,000 Euler Oolluns Used 0 - 15,000 15.001 - 30.000 39.001 - 50.0110 505.11 - 30,000 30.1701 - 15(1.1)00 (593701 - 200.000 over 200.000 Total annual amount billed Dollar impact to amount billed ^4 impact to amount billed Dollar increase from 2009 rate structure "24 increase fiom 2009 1.2 .3 3 1-111 Bill Amount zgrlym 13,S01i1AP4I 0.00305 15000 570-75 ' 0.00316 15000 $70.75 0.00311 15000 $71.65 0,00320 15000 $48.00 0.00316 15000 $47.40 0.00311 15000 $46.65 0.00370 20000 574.00 0.00377 20000 $75.40 0.00326 20000 565.20 0.00490 30000 $147.00 0.00377 30000 $113.10 0.00326 30000 597.80 0.00650 70000 5455.00 0.00377 70000 $263.90 0.00377 70000 $263.90 0.00650 50000 5325.00 0.00500 50000 $250.00 0.00377 50000 $188.50 0.00650 1,062.378 $6,905.46 0.00500 1,062,378 $5,311.89 0.00500 1,062,378 55.311.89 58,025,21 $6,132.44 $6,045.59 ST $571.80 ST $4311.94 ST $430.75 58,547.00 $6,569.38 56,47634 1,479297 Q3-10 13111 Amnon ,,A741#3 TWO:6;V -A. Usage Proposed Old 55 rec factor Option Multi -Fern Pre -tier 11,04938 ijRiiITANTICurreid bill al prior/flat rate structu 22,952.33 074Pi.q40,7N Current bill at prior/flat 0.00305 15000 571_65 0.00320 7952 525A5 0.00370 0 50.00 0.00490 0 $0 00 0.00650 0 50.00 0.00650 0 $0.00 0.00650 0 S0.00 times 55 $5.340.30 ST 5380.50 55,720.80 26,89631 0.00305 15000 5717.75 * 0.00316 15000 570.75 0.00311 15000 571.65 0.00305 15000 $71.65 0.00320 15000 NA 0.00316 15000 $47.40 0.00311 15000 $46.65 0.00320 11896 $38.07 0.00370 20000 574.00 0.00377 20000 575.40 0.00326 20000 $65.20 0.00370 0 50.00 0.00490 30000 5147.00 0.00377 30000 $113.10 0.00326 30000 $97.80 0.00490 0 $0.00 0.00650 70000 $455.00 0.00377 70000 $263.90 0-00377 70000 $263.90 0.00650 0 $0.00 0.00650 50000 $325.00 0.00500 50000 $250.00 0.00377 50000 $188.50 0.00650 0 50,00 0.00650 ' 1,279,297 $8,315.43 0.00500 1,279297 $6,396.49 0.00500 1,279,297 $6,396.49 0.00650• 0 50.00 $9,435.18 57.217_04 $7,130.19 limes 55 $6,034.45 ST $67226 ST ' $514.21 ST $508.03 ST 5429.95 510,107.44 57,731.25 $7.638.21 56,464.40 1.273.223 Q4-10 BIll Amount WORM 23,149.51 IMAWAR F77,94 0.00305 15000 $70.75 • 0.00316 15000 $70.75 0.00311 15000 571.65 0.00305 15000 S71.65 0.00320 15000 548.00 0.00316 15000 $47.40 0.00311 15000 $46.65 0.00320 8150 526,08 0.00370 20000 $74.00 0.00377 20000 $75.40 0.00326 20000 $65.20 0.00370 0 50.00 0.00490 30000 5147.00 0.00377 30000 5113.10 0.00326 30000 $97.80 0.00490 0 50.00 0.00650 70000 $455.00 0.00377 70000 $263.90 0.00377 70000 5763_90 0.00650 0 '50.00 0.00650 50000 5325.00 0,00500 50000 $250.00 0.00377 50000 5163.50 0.00650 0 $0.00 0.00650 1,073,223 56.975.95 0.00500 1.073,223 $5,366.12 0.00500 1,073,223 55.366.12 0.00650 0 $0.00 53.095.70 $6,186.67 56.099.82 times 55 $5,375.15 ST 5576.82 ST $440.80 ST $434.61 ST $382.98 53.672.52 $6,627.46 $6,534.43 $5,758.13 -23.6667. 14,895.39 $7,958.12 103./344-. - ' ' .. .„ . . . „.... ' . Actuol D-1 ' Includes 525 base charge -24.82% 13-2 D-2 C It bill at prior/flat rate structu bill at prior/flat rate struckt 1Current bill at prior/flat rate structu Projected based on 2010 actuals 55 1 1 Hudson Blvd 03-0000072 1-00-6 NON -IRRIGATION WATER ACTIVITY Proposed QI-II ActualBilled Option A Enter Gallons Used 1,233;280• BM A-019u ASiXliZ.:,„;!:, kR1MPIR5 New meter only 0' 15,000 0.00311 15000 15 00 I - 30,000 0.00326 15000 3 0_001 50.,000 0.00377 20000 50.00 - 80.000 0.00500 30000 80,001 - 150,000 0.00663 70000 150,00 I - 200,000 0.00663 50000 over 200,000 0.00663 1,033,280 ST Proposed $70.75 * 0_00311 15000 $72.40 0.00311 15000 $71.65 $48.90 0.00326 15000 548.90 0.00326 15000 848.90 375.40 0.00377 20000 875.40 0.00377 20000 575.40 S150.00 0.00500 30000 $150.00 0.00500 30000 $150.00 8464.10 0_00663 70000 $464.10 0.00326 70000 8228.20 $331.50 0.00326 50000 $163.00 0.00326 50000 $163.00 86.850.65 0.00326 1,033,280 $3,368.49 0.00326 1,033,280 83,368A9 $7,991.30 $4,342.29 84,105.64 5569.38 ST 5309.39 ST $292.53 $8,560.68 54,651_68 $4,398.17 Enter Gallops Used : Q2-11 Bill Amount MOM ..u1114 0 - 15,000 0.003 II 15000 $70.75 15,00i - 30,000 0,00326 15000 $48.90 30,001 - 50,000 0,00377 20000 875.40 50,001 - 80,000 0.00500 30000 $150.00 80,001 - 150,000 0.00663 70000 $464.10 150.001 - 200,000 0_00663 50000 533 1.50 over 200,000 0.00663 880,164 $5,835.49 $6,976.14 ST 8497,05 $7,473.19 Eriter Gallons Used 1,4;kboo Q3-11 Bill 0.00311 15000 870.75 0.00311 0.00326 15000 548.90 -943,1X3T 15000 15000 Ss4781..9605 37 6.35p.1 ! 20000 $75.40 20000 875.40 30000000 $464.10 8150.00 ,I l 30000 $150.00 70 ,,i,,:q,,,,.. 4:, 70000 $228.20 50000 5163.00 i,.1.0d.r 7' 50000 S 163.00 0 .. 880,164 $2,869.33 .0 ' r 880,164 10V:680669:433 $3,841.48 g "61 ST $273.71 ST $256.96 $4,115.19 $3,863.45 it,I07.411f Usage ® Proposed Old 55 ren factor 0_piton Mulli-Fam Pre -tier 22,423_27 taillM,1101 tagmAga Current bill at prior/Oat rate structure 0.00311 11049 $59.36 0.00326 0 $0.00 0.00377 0 $0.00 0.00500 0 50.00 0.00663 0 $0.00 0,00563 0 $0.00 0.00663 0 $0.00 times 55 83,264.93 ST $232.63 $3,497.56 19,639.35 0_00311 15000 871 65 0.00326 7952 825.92 0.00377 0 $0.00 0.00500 0 80.00 0_00663 0 50.00 0.00663 0 $0.00 0,00663 0 $0.00 times 55 $5,366.54 ST $38237 $5,748.91 26,363.64 VARIPZZIN 0 - 15.000 0.0031 I 15000 870.75 . 0.003 1 1 15000 $70.75 0.00311 15000 571.65 0.003 1.1 15000 $71.65 15.001 - 30.000 0.00326 15000 $43.00 039,--126.. 15000 848_90 0.0iK 15000 $48.90 0,00326 11896 538.78 3 0,0.1 I - 50,000 0.00377 Moo . $75.40 0 0OSfl' 20000 $75,40 20000 $75.40 0_00377 0 80.00 5 C;(10 I - 80,1100 0,90500 30E100 S150.00 0 W3.60 30000 $150.00 30000 $150.00 0.00500 0 $0.00 i., 80,001 - 1511.900 0.0.0663 70000 8464.1.0 t065 0000 $464.10 70000 S228.20 0,00663 0 $0.00 150001 - 200,090 0.00663 50000 533 1_50 50000 S163.00 50000 8163.00 0.00663 0 $0.00 over 200,000 0.00663 1.250,000 $8,287_50 1,250,000 $4,073.00 1,250,000 54,075.00 0.00663 0 80.00 $9,428.15 $5,047.15 $4,8 12.15 times 55 $6,0 73_70 Sr $671.76 ST $359.61 ST $342.87 ST $432.75 510,099.91 $5,406.76 $5,155.02 $6,506.45 Enter Gallons Used 1245000 Q4-11 Bill Amoun 0 - 15,000 15.0111 - 30,000 30,001 - 50,000 50.901 - 80.000 80.001 - 150.000 150.00 I - 200,00u over 200.000 0.00311 r 5000 570.75 * 0.00326 15000 848.90 ,. 0.00377 20000 $75.40 0.00500 30000 $150,00 0.00663 70000 $464.10 000663 50000 $331.50 0.00663 1,050,900 $6,961.50 $8,102.15 ST $577.28 5,8,679.43 Total projected annual amount to be billed 2011 Dollar amount impact la amount billed % impact to amount billed Dollar increase from 2009 rate structure % itiCreaSe froth 260 'aig4Z0§14Y4 MONO 4„1:ors_ 0.00311 15000 $70.75 0.00311 15000 571.65 26 15000 548_90 4',I100.06 15000 548.90 20000 57.5.40 l'ai,§55;?$ 20000 $75.40 30000 $150.00 a0t/1 30000 $150.00 79090 $464.10 o.ol6' 70000 52,28.20 50000 5163.00 50000 3163.00 1.059.000 $3,423.00 1,050,000 3'3,423.00 54,395.15 $4,160.15 ST $313.15 ST 8296.4! 84,70830 54,456.56 22,727.27 r',114,4F;.t 0,00311 15000 $71.65 0.00326 8150 $26.57 0.09377 0 $0.00 0.09500 0 $0.00 0_00663 0 $0.00 0.00663 0 $0.00 0.00663 0 $0.00 times 55 $5,402.05 ST $384.90 $5,786.94 -45.76% . 3% 16,656.06 1,984.40 1,042,75 4,4,55.55 1 IA:440-'k.14MI,.:0,:4N0„i':,pc00g 13 Multi-Eans * Includes $25 base charge at roxillat rate structure ent bill at priodflat rate structure Cuirent bill at r e SlTuture prionllat rate structure Wildwood Lodve 8511 Hudson Blvd 03-00000721-00-6 NON -IRRIGATION WATER ACTIVITY Summary USAGE Q1 Q2 03 Q4 Total 2009 522,000 747,200 887,400 1,480,400 3,637,000 2010 607,716 1,262,378 1,479,297 1,273,223 4,622,614 2011 1,233,280 1,080,164 1,450,000 1,250,000 5,013,444 (Projected) (Projected) Total Impact to Option Option Option Utility Revenue 2011 Budget B D-2 Multi -Family (Charges) 2010 (13,915.67) (7,278.12) (9,311.16) $ 562,585.00 % of Revenue (lost) -2.47% -1.29% -1.66% 100.00% 2011 (15,813.31) (8,495.71) (12,390.51) (29,729.00) (15,773.85) (21,701.69) CitVofLake Elmo Historic Water Revenue (Domestic Onh/). 2QlOand IOl1 2010 Water Qtr I Qtr2 Qtr 3 Qtr4 Total Total Revenue 105,064.32 $ 104,901.00 $ 212,628.00 $ 98,338.00 $ 520,931.32 Commercial Only $ 58,858.32 $ 55,659.00 $ 66,937.00 $ 30,126.00 $ 211,501.32 Add 94Comm. Water Total Revenue Commercial Only 2011 Qtz1 Qtr2 0tr 3 Qtr4 Total 130\756.00 $ 143,731.30 $ 180,000.00 $ 88,000.00 $ 550L487.30 60,108.00 $ 47,322.42 $ 53,000.00 $ 26,000.00 $ 186,430.42 Citv of Lake Elmo Water Utility Analysis 2009 to 2010 DOMESTIC Residential Non -Residential Total WWL Usage in % of total Usage Cost per Usage in % of total Usage Cost per Usage in % of total Usage Cost per Usage in % of total Usage Cost per Year Gallons Gallons Dollars Gallon Gallons Gallons Dollars Gallon Gallons Gallons Dollars Gallon Gallons Gallons Dollars Gallon 2009 97,052,938 85.29% $292,440 $3.01 16,739,313 14.71% $58,513 $3.50 113,792,251 100% $350,952 $3.08 3,637,000 1 3.20% $11,374.70 $3.13 2010 78,688,313 85.08% $330,908 84.21 13,798,992 14.92% $67,706 $4.91 92,487,305 100% $398,614 $4.31 4,622,614 5.00% $29,325,98 $6.34 2011 thru 29,668,408 78.94% $129,195 $4.35 7,912,901 21.06% $38,743 $4.90 37,581,309 100% $167,937 $4.47 2,313,444 6.16% $14,968.34 $6.47 Q2 IRRIGATI0N Year 2009 2010 2011 thru Q2 Residential Non -Residential Usage in % of total Usage Cost per Usage in % of total Usage Cost per Gallons Gallons Dollars Gallon Gallons Gallons Dollars Gallon 0 0.00% $0 $0.00 20,442,294 100.00% $65,863 $3.22 0 0.00% $0 $0.00 16,497,189 100.00% $97,596 $5.92 0 0.00% $0 $0.00 4,412,822 100.00% $26,510 $6.01 TOTAL Residential Usage in % of total Usage Cost per Year Gallons Gallons Dollars Gallon 2009 97,052,938 72.30% $292,440 $3.01 2010 78,688,313 72.20% $330,908 $4.21 2011 thru 29,668,408 70.65% $129,195 $4.35 Q2 Total WWL Usage in % crf total Usage Cost per Usage in % of total Usage Cost per Gallons Gallons Dollars Gallon Gallons Gallons Dollars Gallon 20,442,294 100% $65,863 $3.22 859,738 4.21% $2,765.18 83.22 16,497,189 100% $97,596 $5.92 765,765 4.64% $4,461.73 $5.83 4,412,822 100% $26,510 $6.01 96,167 2.18% $378.24 $3.93 Non -Residential Total WWL Usage in % of total Usage Cost per Usage in % of total Usage Cost per Usage in % of total Usage Cost per Gallons Gallons Dollars Gallon Gallons Gallons Dollars Gallon Gallons Gallons Dollars Gallon 37,181,607 27.70% $124,376 $3.35 134,234,545 100% $416,816 $3.11 4,496,738 3.35% $14,140 $3.14 30,296,181 27.80% $165,302 $5.46 108,984,494 100% $496,210 $4.55 5,388,379 4.94% $33,788 $6.27 12,325,723 29.35% $65,252 $5.29 41,994,131 100% $194,447 84.63 2,409,611 5.74% $15,347 $6.37 1 Includes extra 45 days of usage to 1/21/10 Wildwood Lodge 8511 Hudson Blvd 03-00000721-00-6 NON -IRRIGATION WATER. ACTIVITY. Summary Q1 Q2 Q3 Q4 Total USAGE 2009 522,000 747,200 887,400 1,480,400 3,637,000 2010 607,716 1,262,378 1,479,297 1,273,223 4,622,614 2011 1,233,280 1,080,164 1,450,000 1,250,000 5,013,444 (Projected) (Projected) Total Impact to Scenario Scenario Scenario Multi 2011 Budget B D-2 D-2 A $4.00 Family 2010 (13,917.62) (7,278.12) (10,901.54) (9,311.16) 2011 (15,815.26) (8,495.71) (12,509.96) (12,390.51) (29,732.88) (15,773.83) (23,411.49) (21,701.67) Credit due to Scenario Scenario Scenario Multi WWL, thru Q2-11 B D-2 D-2 g $4.00 Family 2010 (13,917.62) (7,278.12) (10,901.54) (9,311.16) 2011 (7,255.46) (3,932.81) (5,746.66) (6,335.96) WWL OS 6/1/2011 108,322.55 108,322.55 108,322.55 108,322.55 Credit (21,173.08) (11,210.93) (16,648.19) (15,647.12) Net due from WWL 87,149.47 97,111.62 91,674.36 92,675.43_ „ LAKE ELMO AYOR & COUNCIL COMMUNICATION DATE: REGULAR ITEM #: DISCUSSION 8/9/2011 13 AGENDA ITEM: Update Re: Library Service Considerations SUBMITTED BY: City Council (Follow-up from July 19th Council Action THROUGH: Bruce A. Messelt, City Administrato REVIEWED BY: - NA - SUMMARY AND ACTION REOUESTED: This item has been scheduled for the City Council in order to update the Council and public on efforts to retain and enhance library services for the Lake Elmo community. BACKGROUND INFORMATION & STAFF UPDATE: Several formal meetings and informal discussions among City and County officials have led to an understanding that long- term provision of County library services in Lake Elmo is not viable, given both County budgetary considerations and County -wide consolidation of services to address identified efficiencies, economies of scale and customer preferences. On July 19th, 2011, the Lake Elmo City Council voted (5-0) to approve Resolution No. 2011- 024, establishing a Municipal Library, and directed City staff to work with Washington County to address considerations for continued resident access to Washington County Libraries and potential contracting with Washington County for certain library services On Thursday, July 28th, 2011, City staff met with Washington County staff to discuss the City's action (attached), review the aforementioned service considerations, and clarify issues relating to establishment of a library levy. No issues remain with respect to establishing a municipal library levy and supplanting the former County library levy; and no further City action is required. The County Board will address the County Library Budget on August 16th, 2011 and, at that time, it is anticipated that the City will receive a faunal response to its request for clarification regarding both resident access to County libraries and contracting for library services. -- page 1 -- City Council Meeting. August 9th, 2011 pdate Re: Library Service Considerations Regular Agenda Item # 13 Other historical markers include: o On June 29th, 2010, the City Council adopted Resolution No. 2010-031 establishing a Public Library System, authorizing a Library Levy, and establishing a Public Library Board for the City of Lake Elmo. However, this Resolution could be dissolved by action of the City Council, if sufficient progress was made in discussions directed at "maintaining and improving existing library services or transferring library services from the County to the City .. ." o On August 17th, 2010, the City Council approved Resolution 2010-041 "staying establishment of a Public Library System, authorizing a Library Levy, and Establishing a Public Library Board for the City of Lake Elmo," pending outcome of further discussions with the County. o In May 2011, the City Council directed City staff to explore the feasibility of the City undertaking library service provision, within some form of continued affiliation or association with Washington County. Since that time, City staff has also engaged the assistance of the Friends of the Rosalie E. Wahl Library in exploration of alternative service models. o On July 5th, 2011, the City Council directed that County Library representatives be invited to attend an upcoming Council Workshop to further discuss this item. The County respectfully declined this invitation, pending County Board discussion of future Library services at its July 12th, 2011 Meeting and a stated desire for Lake Elmo to prepare a position statement for the County to consider. o On July 12th, the County Board received a report from Library Director Conley (attached), which outlined budget scenarios for 2012. The County Board did not take further action on this item. RECOMMENDATION: It is recommended the City Council briefly review and discuss the actions, decisions and research undertaken, to date,. Appropriate staff direction is also recommended, should the City Council wish to proceed with a specific action. In particular, three follow-on activities are noted for Council consideration: • Formal City observation of the august 16th County Board Meeting where the Library Budget will be discussed; • Authorization for City staff to proceed with both conversations with potential library partners other than Washington County and for the City Attorney to investigate possible legal issues and actions related to potential County denial of resident access to County libraries and County rejection of opportunities to contract with Lake Elmo for library services; and • Direction to include a Library Update and, if needed, an Executive Session on legal Library issues, on the August 23rd, City Council Agenda. -- page 2 -- City Council Meeting Update Re: Library bervice Considerations August 9th, 2011 Regular Agenda Item # 13 ATTACHMENTS: 1. City of Lake Elmo Transmittal Letter to Washington County (including Res. 2011-024) 2. City Position Paper SUGGESTED ORDER OF BUSINESS: Introduction of Item & Brief Staff Report Questions from Council to Staff ........ .......... . ........ Public Input, if Appropriate City Staff Mayor & City Council Mayor Facilitates Discussion... ................. ........... .......... ..... ....... ............. Direction or Action? ...... .......... . ....... . ............. ........... ....... Mayor Facilitates Mayor & City Council -- page 3 -- CITY OF LAKE ELMO 1 N........" City of Lake Elmo 3800 Laverne Avenue North' Lake Elmo, MN 55042 • www.lakeelmo.org 4 , , • Phone: (651) 777-5510 • Fax: (651) 777-9615 , July 21st, 2011 Honorable Gary Kriesel, Chairperson and Members of the Washington County Board of Commissioners 14949 62nd Street North P.O. Box 6 Stillwater, MN 55082-0006 Re: City of Lake Elmo Resolution 2011-029 Dear Mr. Kriesel: I would like to take this opportunity to forward to you City of Lake Elmo Resolution 2011-029. Through this Resolution, the City of Lake Elmo notices the County of the City's intent to establish a municipal library, effective January 1st, 2012, unless agreement can be reached with Washington County to maintain library services in Lake Elmo under the Washington County Library system. The City of Lake Elmo is committed to continuing good faith discussion among County and City representatives, as well as appropriate representatives from other involved organizations, aimed at formulating eitheil a mutually acceptable service arrangement for continuation of Washington County Library System -provided services at the Rosalie E. Wahl Branch Library or, if necessary, establishment of a municipal public library system and development of a mutually -satisfactory relationship with Washington County for efficient provision of library services not readily available to County citizens residing in Lake Elmo through a small, independent municipal library. The City Council of the City of Lake Elmo recognizes the legal, financial, and public policy considerations involved in this action and pledges its good faith commitment toward reaching a mutually satisfactory resolution to the current uncertainty regarding library services at the Rosalie E. Wahl Branch Library in 2012 and beyond. At a minimum, I am hopeful we can endeavor to identify a mutually -satisfactory arrangement to retain library services at the Rosalie E. Wahl Branch Library through 2012. Such agreement would allow for a more paced and comprehensive discussion regarding the future provision of library services to the City and community of Lake Elmo. -- page 1 -- 1 Letter to Washington County Chair Kriesei City ofLake Elmo City Council Action: Resolution 2011-029 July 21st, 2011 The City's staff point of contact for addressing this issue is Mr. Kyle Klatt, City Planner. Mr. David Snyder, City Attorney, and Mr. Tom Bouthilet, City Finance Director, will also be assisting, as appropriate and needed. I thank you in advance for your attention of this Resolution. Should the situation warrent, please do not hesitate to contact me directly regarding this issue. Sincerely; Dean A. Johnston Mayor Attachment(s): Lake Elmo Resolution 2011-029 CC: Honorable City Council Members, City of Lake Elmo Mr. James Schug, Washington County Administrator Mr, Bruce Messelt, Lake Elmo City Administrator Mr. Kyle Klatt, Lake Elmo Planning Director Mr. Dave Snyder, Lake Elmo City Attorney Mr. Tom Bouthilet, Lake Elmo City Finance Director Official File — paue 2 — CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2011-029 A RESOLUTION ESTABLISHING A PUBLIC LIBRARY SYSTEM, AUTHORIZING A LIBRARY LEVY, AND ESTABLISHING A PUBLIC LIBRARYBOARD FOR THE CITY OF LAKE ELMO. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the residents of the City currently receive library services through Washington County; and WHEREAS, the City of Lake Elrno desires to establish and operate a City Public Library Service pursuant to Minnesota Statutes § 134.07, et seq.; and WHEREAS, it is the intention of the City of Lake Elmo to provide well managed and quality library services for the residents of Lake Elmo; and WHEREAS, the City of Lake Elmo intends to set aside public property of the City for the benefit of the Pubic Library Service; and WHEREAS, the City Council discussed the establishment and operation of a Public Library Service at its July 5th, 2011 meeting. NOW, THEREFORE, IT IS HEREBY RESOLVED, the City Council of the City of Lake Elmo hereby establishes a City Public Library Service under Minnesota Statutes § 134.07 et seq., as follows: 1) Pursuant to Minnesota Statutes § 134.09, the City Council hereby establishes a five - person Library Board, with members to be appointed by the Mayor with the approval of the City Council from among the residents of the City. 2) The initial Library Board will have two residents of the City each appointed for a one- year term, two residents of the City each appointed for a two-year term, and one resident of the City appointed for a three-year term. Not more than one council member shall at any time be a member of the Library Board. 3) Said appointments will be effective on January 1, 2011, or a date to be determined by the City Council, 4) Following the initial appointment of the Library Board, all terms will be for three years, commencing on January 1 of the year the term begins, with Library Board members allowed to serve no more than three consecutive three-year terms. 5) The City Council will appoint an interim library director with the authority to organize and manage the Public Library System until a library director is appointed by the Library Board. The Library Board shall appoint a qualified library director and other staff, as necessary, establish the compensation of employees, and remove any of them for cause. 6) The City Council will levy an annual tax upon all taxable property within the City for the support of the library and will place such money in a designated Library Fund. 7) Pursuant to Minnesota Statutes § 134.11, the Library Board shall adopt bylaws and regulations for the library, and shall have exclusive control of the expenditure of all money collected for or placed to the credit of the Library. Fund, of interest earned on all money collected for or placed to the credit of the Library Fund, of the construction of library buildings, and of the grounds, rooms, and buildings provided for library purposes. 8) The City shall set aside certain public property, to be further specified by subsequent resolution for the benefit of the Public Library Service. With the approval of the council, the Library Board may erect a library building thereon. 9) The City Council may create a citizens' committee, to be comprised of residents from the City of Lake Elmo, to advise the City Council and the Library Board on issues of public concern related to the City of Lake Elmo Public Library Service. Notwithstanding the foregoing, subsequent to date of this Resolution, the City will continue good faith discussions with Washington County for the purposes of maintaining and improving existing library services through continuation of existing Washington County Library System services or through the transfer of library services from the County to the City, subsequent affiliation, association or collaboration with Washington County, and adjustment of special levy limits therefore in accordance with Minnesota Statutes § 275.72. Passed and duly adopted this l9th day of June, 2011 by the City Co Elmo, Minnesota. ATTEST: Bruce e elt, City ,'dministrator of -the City o Dean A. Johnston, Mayor LAKE ELMJ LIBRARY SERVICES - (July 2011) S T ON STATEMENT Operating Mission: To enrich both the individual and the larger Lake Elmo community by aiding people in their access to and use of information, ideas, education and programming. Preamble: The City of Lake Elmo, located in the heart of Washington County, Minnesota, is currently home to the Rosalie E. Wahl Branch Library of the Washington County Library. The City has hosted library services for Lake Elmo and nearbyresidents for 44 years; beginning in 1967. It is the desire of the City of Lake Elmo, MN to continue to host library services within its downtown location for the foreseeable future, as part of the Washington County Library System, and until such time as planned and anticipated (indeed, mandated) population and business development warrant significant expansion of said library or :•reconsideration of provision of library services through an alternative service model. Acknowledgements: The presence of a local parich) library in La presents a significant number of unique opportunities and benefits, both to the local community and to Washington County. These include some of the tO116Wing: • A strong sense of identity for the presence of a lOcatrlibrary, particularly in the downtown business and residential dishictk., which also represents a desirable central location in Washington County in terms of geography, access and future population growth/service „ delivery; A keen interest by residents and City lea services and an active Friends of Rosalie E. Wahl Library in iilacp; A clearly defined the future Of Lake Elmo which includes a continued library presence in dth its Coinprehensive Plan and Old Village Master Plan — documents -.- which the Coiintyliave reviewed and endorsed; Clearly -stated int e orking with the County on future public facility co-locatiOn:.opportunitieS0o perilaps include other consolidated/collaborative services (ArtsowntoWn businesses, other service providers, community athenng/meeting4enter, d • Planned population and business development in the Old Village and 1-94 corridor, adding'some 16,000 new residents to the City and County by 2030. However, the City also recognizes that the continued presence of a local (branch) library in Lake Elmo presents someunique challenges and constraints, both to the local community and to Washington County. These include some of the following: • Current location of the branch (local) library in a rented facility, with no viable City, County, or other public facility identified for immediate relocation; • Only limited recovery from past shutdown in terms of use patterns and availability of alternative library locations and services, exacerbated by limited programming and services to certain populations (seniors and families with small children); • Short-term demographics and population limitations, as well as location of larger regional/other library services available a short driving distance away (Woodbury, Stillwater, Bayport, Mahtomedi and Oakdale). City of Lake Elmo, MN - Position Paper o.. ibrary Services July 19th, 2011 Finally, the City understands and shares, in large part, with Washington County, larger contextual issues that face local governments in providing public services, These include some of the following: • State funding limitations on Minnesota counties and cities, including general aids to local governments, federal and regional grant and aid reductions, and direct library support from the State of Minnesota; • Pressure to seek economies of scale and greater efficiencies through consolidated services and reassessment of traditional service provision models; • Changing citizen needs and preferences in terms of services provided, programming offered and type, location, method and timing of access toiiihformation and services; and • Evolving technology which both challenges traditionali:Servidel-Models but also provides new opportunities to delivery service and programmin Lake Elmo Proposal(s) : With the aforementioned desires and ,acicriowledgementsAake Elmo proposes the following approach(es) to continuation ofIibrary',iSeiTices at the Rosalie E. Wahl Branch Library: Option A - Maintain the existing ¶ashington CountyThrary arrangement. but work cooperatively with Washington County for inutual ability 1 augment, replace, and/or . , i,,, - -:---, .- , supplement existing hours, staffing and services ,,:ty 'ned and:',4uthonzed volunteers/others, Such an arrangement will generally follow these con ' otati;" ..,-, :.., Facility/Assets - These will '470.4.in with Washington County for the foreseeable future, including collection„dedinology proprietary services. The City will work cooperatively with Washington County toWard„further„ reductions *facility/asset costs and will affirmatively consider options for timely i - _.,..0',:capIto.4.9,q1.01§0,6iiitransition/expansion (joint or otherwise) to address raid,* -; long-term faell ty/asset reqUirethents. City of Lake Elmo would welcome the addition of 24-hour service kiosks d related delivery services for after hours' pick-up, like that newly iriplace in Hugo and propose .9,1-.pther branch library locations. Hours/Services Provided - The City proposes to maintain, at a minimum, existing hours of operation anifitn:›Itugment these with additional days/hours, as volunteers/others may be capable of providing. A.,iimilar arrangement is envisioned for identified programming and activities, System -wide serviteS,:: such as circulation and ILL, will remain the general purview of Washington County and will continue to be provided, consistent with general system -wide practices. It is expected that certain staffed services will migrate away from the Branch Library as a result of this arrangement and be available via alternative service provision only. Certain operating policies and procedures (e.g. opening, closing, monitoring, etc.) may or may not have to be modified as a result of this arrangement. Staffing - The City recognizes that such arrangement will most likely require communication with appropriate employees and/or employee bargaining units. However, the City believes that such accommodation is reasonable and no more impacting than other proposals already being considered by Washington County. The City agrees to work with Washington County in -- page 2 -- City of Lake Elmo, h. Position Paper on Library Services July 19th, 2011 WC — Some type of IGA WC — Most:410y rented for foreseeable future WC WC/LE — Depending upOh:,aiAn ement . ,c/LE DependmUpon anarigein' ent g;T eexidingtinon arrangement 107 E Depending upon arrangement T,WC/LE — Depending upon arrangement so identification, background screening and training of volunteers or other paid staff, as well as to periodically review with Washington County the effectiveness of use of such volunteers or other paid staff. Cost Considerations — Option A represents a "cost neutral" option for both the City of Lake Elmo and Washington County, with perhaps a significant cost savings accrued to the County through alternative staffing arrangements and possible modifications to collection/circulation services or other system -wide services. Additional facility and utility costs are estimated to be nominal should the City and County succeed in adding days/hours of operation through alternative staffing arrangements utilizing volunteers/others. Other Considerations — The City of Lake Elmo is interested in working with Washington County on updating/modifying the Branch Library's collection and partnering with other organizations, as may be deemed appropriate, to augment and facilitate compatible activities, such as those provided by the Lake Elmo Arts Center. Such collabOrtiprf may adVarice,both staffing and alternative facility options for participating organizEgions/services. Tablelll,elow depicts a general overview of this Option. Authority/Control Assets — Facility Assets — Collection Assets — Personnel Assets — IT/Tech Assets — Utilities/Insuratico:,!, Services — Services —NIELSAJILL S ervicei —Research Services — Progiannning Revenue to City Cost to City Current Staffing: $ 0 to $ 46,000 (Volunteers - Library Asnt) @ 40 hrs/week: $ 0 to $ 92,000 (Volunteers - Library Asnt) Revenue to County Library Levy: $ 250,000 (2010 Est.) MELSA: $ 3,200 (est.) Cost to County Current Staffing: $ 46,000 Reduced Paid Staffing: <$ 0 to 46,000> @ 40 hrs/week: $ 0 to $ 92,000 (Vols - Library Asnt) (Table 1: Option A - General Division of Responsibility) -- page 3 -- City of Lake Elmo, MN - Position Paper oJbrary Services July 19th, 2011 Option B — Should Option A not prove feasible or acceptable to Washington County, the City of Lake Elmo proposes Option B — creation of a Lake Elmo Municipal Library but contracting with Washington County for all/some library services (in full, affiliate, or associate relationship). Facility/Assets — Depending upon the relationship, these could either remain with Washington County for the foreseeable future or migrate in responsibility to the City of Lake Elmo. The Facility would most likely continue to be rented for the foreseeable future, with utilities, insurance and the like following the responsible party. The City of Lake Elrno would be most interested in crafting a relationship wherein collection, circulation and ILL services, technology and proprietary services continue to be provided by Washington County via a service arrangement, not unlike that in place for the municipal libraries in ,Bayport and Stillwater. The City of Lake Elmo would welcome the addition of 24-hour service,:kiosks and related delivery services for after hours' pick-up, like that newly in place in Hugo and proposed for other branch library locations. If facility responsibilities remain with Washington County, the City will work cooperatively with Washington County toward further reductions iii'-'4acility/asset costs and Will iaffin-natively consider options for timely future capital acquisitioAransitionlexpansion (joint or ',:otherwise) to address mid- to long-term facility/asset requirements. '--- • Hours/Services Provided — Depending upon the relationshiP;' e City proposes to maintain, at a minimum, existing hours of operation ari: to-,atigment these with :additional days/hours, as volunteers/others may be capable of pruvidng. A iiuilar arrangement is envisioned for identified programming and activities. It is aniicipaied that ccrtuin<Staffed library services will be contracted for via alternative ,service provisiun (i.e. offsile. telephone or email -based) as a result of this arrangement. :Certain operating policies and procedures (e.g. opening, closing, monitoring, etc.) may or may not have to be agreed upon, modified, and delineated as a result of this arrangement, " . . Staffing - Depending -upon the..reliatienShiP,4he City proposes that staffing requirernents be negotiated, ibetWeed.*he,., City and County. The City recognizes that this may require communication with '''appropriate',,:Cunty employees and/or employee bargaining units. HoweVer,--7the City belieVekthat such :accommodation is reasonable and no more impacting to current employees than other propoSals already being considered by Washington County. Depending upon the relatiOnihip, the City proposes to work with Washington County in identification, background screening and training of volunteers or other paid staff, as well as to periodically review with Washington County the effectiveness of use of such volunteers or other paid staff. ...„ Cost Considerations — Option B represents a significant departure from current practice for both the City of Lake Elmo and Washington County. On the expenditure side, while additional short- term facility and utility costs are estimated to be nominal, should the City and County succeed in adding days/hours of operation, staffing costs may vary dramatically depending upon the capability of the City and/or to effectively utilize alternative staffing arrangements with volunteers/others. Revenue considerations may also vary widely, with the City of Lake Elmo electing to supplant the Library Tax currently collected by Washington County (less obligated previous debt service) -- page 4 -- City of Lake Elmo, N. y Position Paper on Library Services July 19th, 2011 and contracting back for certain services. Without any contract -back arrangement, the County is estimated to lose approximately $220,000 in collected revenues while only saving approximately $120,000 in directly -budgeted expenses for operation of the Branch Library. Alternatively, full contract -back services may result in 100% restoration of currently -projected tax revenues. Other cost considerations include MELSA and other state and federal funding arrangements, as well as establishing a mutually beneficial arrangement for Lake Elmo residents to access and utilize county -wide library services, as is the case with Stillwater and Bayport residents, Toward that end and notwithstanding issues related to legality and applicability, the City of Lake Elmo notes that current total County -wide library services are being provided,for approximately $27 per capita, or well below the $60 non -Minnesota resident fee currentlybeing charged. Other Considerations — Depending upon the relationship, th,:-,, 7v. interested in working with the County on updating/modifying the Library' s collection and partnenng with other organizations, as may be deemed appropriate, to augmentand facilitate,kcOmpatible activities, such as those provided by the Lake Elmo Arts Center. Such collaboration inay advance both staffing and alternative facility options. Table 2 beli;W depicts 'a general overvie ,this Option. Authority/Control E C 7Some type of IGA/coritract necessary Assets — Facility LE/WC — WitAikely rented for foreseeable future Assets — Collection WC — Part or contraall';,,, • Assets — Personnel LE/WC — Volunteers urStaff (op:combination) but could contract Assets — IT/Tech 4V,C — Part of contraegor migrate to LE) --:,:;,;,,;*,,,,,,,i,,;::•,.,,,, Assets — Utilities/Insurance LE/WC — Most likely as part of facility costs Services —Facility/Shelving '''',4!LEIWC:.Deperiding,:iipon arrangement Services — Cioit1tion WC - Part of -Obittract (or migrate to LE) Services —MELSA/ILLWC—Part of contract Serviceslzgesearch WC — Part of contract, off -site, online or telephone only Services —Programming Revenue to City: Cost to City Revenue to County Cost to County ::LE/We —Depending upon arrangement Library Levy: $ 220,000 (2010 est. less $30,000 Debt) MELSA Aid: $ 3,200 (est.) Current Ops: $ 86,000 to $250,000 (Vols to 2 PT Library Asnts - $ 46,000) - ($ 0 to $ 118,000 for County services) @ 40 hrs/week: $ 86,000 to $296,000 (Vols to 2 FT Library Asnts - $ 92,000) - ($ 0 to $ 118,000 for County services) Lost Library Levy: < $ 220,000 > (2010 Est. - $30,000 Debt) MESLA/State Aid: < $ 0 to $ 3,200 > Current Staffing: $ 0 to < $ 121,200 > (levy & MELSA) g 40 lirs/week: $ 0 to < $ 121,200 > (levy & MELSA) (Table 2: Option B - General Division of Responsibility) -- page 5 City of Lake Elmo, MN - Position Paper o. ,lbrary Services July 19th, 2011 Suggested "Next Steps": The City of Lake Elmo proposes that Washington County provide its initial comments regarding this approach in time for both entities to take action in September 2011 on their respective Preliminary Levy and Proposed Budget. Regardless, the City proposes that no changes in Library services be undertaken prior to establishment of a mutually acceptable timeline and transition plan. It is envisioned that January 1st, 2012 is the minimally -acceptable date for any formal transition in Library services. In particular, the City of Lake Elmo proposes that no changes be made to either the City or County taxing authority or levy, should Option A prove worthy 5,of additional good -faith consideration. Should Option B prove a more acceptable alternative, -the City proposes to increase its preliminary General Fund Levy by an amount equal that which would have been collected by Washington County. The City would then propose the County anticipate, as part of its Preliminary Levy calculation, not collecting a Library Levyfrom thegeographic area of Lake Elmo. Any subsequent revenue transfer for library serviC:6s'Nvpiild then ern- anate from the City to the County, depending upon the contract -back arrangement put in place. It is anticipated that either Option would necessitate joint consideration of a mutually -acceptable service agreement. Toward this end, the City is eager,Ao i'vOrk with Washington County in evaluating similar arrangements either currently in place (such as with Bayport or Stillwater) or under consideration (such as with other host communities). Should neither Option prove of interest to Washingtoty('ounty, the'Oity of Lake Elmo recognizes that both entities may attempt to establish aLibrarylLevy or equivalent), either mutually or independently, while discussions continue, and that a final adjustment to one or both levies can be undertakenDecember 2011. Concluding Remarks: Jhe-('ilv uf I.ake Elmo appreciates the effort put forth by Washington County and its staff in evaluating the provision of library services in Lake Elmo and elsewhere, especially during these4ogli budgetary timesThe City also appreciates the recent public acknowledgement of the))ecessity. to evaluate , each community's circumstances and needs as . .„ unique, inot independent from other sitriilarly-sized libraries. Much progress has been made over the past 18 months in evaluating continuation of library services at the 'Rosalie E. Wahl Branch Library. The City looks forward to continued efforts of mutual benefit to 'Abe City, and County in developing a partnership for provision of library services today, tomorrow and for the many tomorrow's to come. -- page 6 -- CITY OF LAKE ELMO MAYOR & cowyck.qpmmovicApqN DATE: 8/9/2011 REGULAR ITEM #: 14 MOTION Ordinance No. 08-053 AGENDA ITEM: Consider Ordinance No, 08-053 — Stop Sign at 47th St. N. and Kimbro Ave N. SUBMITTED BY: THROUGH: REVIEWED BY: Request of City Staff and Washington County Sheriff s Office Mike Bouthilet, Public Works Director Bruce Messelt, City Administrator Jack Griffin, City Engineer Sharon Lumby, City Clerk SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider Ordinance No. 09-053 regarding the proposed modification from a Yield Sign to a Stop Sign at the intersection of 47th St. N. and Kimbro Ave N. BACKGROUND INFORMATION & STAFF REPORT: This item has been scheduled at the request of the City Public Works Department and the Washington County Sheriffs Office. It has been reported that increased traffic and speeds along 50th St. N., 43rd St. N. and Kimbro have increased safety concerns for the intersection of 47th St. N. and Kimbro Ave N. An existing YIELD sign could be replaced with a STOP sign to increase safety at this intersection. If approved, the Public Works Department would post a STOP sign at this intersection. Posting such a sign is a legitimate, warranted request which would facilitate additional safety at this intersection. The City Engineer has been consulted on this issue and concurs with this request. RECOMMENDATION: The City Council is respectfully requested to consider Ordinance No. 09-053 regarding the proposed modification from a Yield Sign to a Stop Sign at 47th St. N. and Kimbro Ave N... The proposed motion to approve this action is as follows: "Move to approve Ordinance No. 08-053, directing replacement of an existing YIELD sign with a STOP sign at the intersection of 47th St. N. and Kimbro Ave N; and that such be added to the City's official traffic control inventory." -- page 1 -- City Council Meetin Ordinance No. 08-053 jlop Sign at 47th St. N. and Kimbro Ave N. August 9th, 2011 Regular Agenda Item # 14 Alternatively, the City Council does have the authority to further discuss, deliberate and modify any decision prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve Ordinance No. 08-053, [as amended/modified at tonight's meeting]; and that such be added to the City's official traffic control inventory." ATTACHMENTS: Ordinance No. 08-053 SUGGESTED ORDER OF BUSINESS: Introduction of Item/Brief Presentation .................. Questions from Council to Staff ........... ..... ........ Public Input, if Appropriate ................. .....,.............. Call for Motion Discussion.................. ........ . ...... ............ ..... ............. Action on Motion City Public Works Director ............... Mayor Facilitates ............. Mayor Facilitates Mayor & City Council ............. Mayor Facilitates Mayor & City Council — page 2 -- CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 08-053 AN ORDINANCE ADDING CHAPTER 74, SCHEDULE (STOP SIGNS) TO THE LAKE ELMO MUNICIPAL CODE Section I. Amendments: Chapter 74, Schedule 1: Stop Signs is hereby added to the Lake Elmo Municipal Code: to wit: Stop Sign located at South West Corner of 47th Street and Kimbro Avenue N. Section 2. Effective Date; This ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council on August 9, 2011. Dean A. Johnston, Mayor ATTEST: Sharon Lumby City Clerk Published in the Oakdale -Lake Elmo Review on the day of , 2011